Local Government and Public Involvement in Health Act 2007

176 Power of Commissioners to make recommendations etc E+W

(1) Section 31 of the Local Government Act 1974 (c. 7) (further provisions about reports on investigations) is amended as follows.

(2) For subsection (1) substitute—

“(1) This section applies where a Local Commissioner reports that there has been—

(a) maladministration in connection with the exercise of the authority's administrative functions,

(b) a failure in a service which it was the function of an authority to provide, or

(c) a failure to provide such a service.”

(3) For subsection (2B) substitute—

“(2B) Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

(a) to remedy any injustice sustained by the person affected in consequence of the maladministration, and

(b) to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.

(2BA) Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

(a) to remedy any injustice sustained by the person affected in consequence of the failure, and

(b) to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.”

(4) In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.

Commencement Information

I1 S. 176 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))