Local Government Act 1974
An Act to make further provision, in relation to England and Wales, with respect to the payment of grants to local authorities, rating and valuation, borrowing and lending by local authorities and the classification of highways; to extend the powers of the Countryside Commission to give financial assistance; to provide for the establishment of Commissions for the investigation of administrative action taken by or on behalf of local and other authorities; to restrict certain grants under the Transport Act 1968; to provide for the removal or relaxation of certain statutory controls affecting local government activities; to make provision in relation to the collection of sums by local authorities on behalf of water authorities; to amend section 259(3) of the Local Government Act 1972 and to make certain minor amendments of or consequential on that Act; and for connected purposes.
Part I Grants
Rate support grants
F11 Rate support grants.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12 Elements of rate support grants.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13 Rate support grant orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14 Variation of rate support grant orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15 Reduction of grants in case of default.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grants for particular purposes
6 Supplementary grants for transport purposes.
(1)—(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(8)
In consequence of the introduction of supplementary grants for transport purposes and of the provisions of this Part of this Act relating to rate support grants, the provisions of Part II of Schedule I to this Act shall have effect with respect to certain grants under . . . F3 the M1Transport Act 1968.
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Specific grants for purposes not covered by rate support grants.
(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(2)(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(5)
The provisions of Part III of Schedule 1 to this Act shall have effect with respect to the termination of certain grants for specific purposes, other than highways and public transport.
F89Grants and loans by the Countryside Council for Wales
(1)
In accordance with arrangements approved by the National Assembly for Wales, the Countryside Council for Wales may give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the Council, is conducive to the attainment of any of the purposes of—
(a)
the National Parks and Access to the Countryside Act 1949,
(b)
the Countryside Act 1968, or
(c)
the Countryside and Rights of Way Act 2000.
(2)
On making a grant or loan under this section the Countryside Council for Wales may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.
(3)
The exercise of the power of the Countryside Council for Wales under this section is subject to any directions given to the Council by the National Assembly for Wales.
Supplementary
10 Supplementary provisions for Part I.
(1)
The following bodies are local authorities for the purposes of this Part of this Act, namely,—
(a)
the council of a county,
(b)
the Greater London Council,
(c)
the council of a district,
(d)
the council of a London borough,
(e)
the Common Council of the City of London, and
(f)
the Council of the Isles of Scilly,
F9...
(2)
In this Part of this Act —
F10...
“year” means a period of twelve months beginning with 1st April.
F11(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Rating
11—14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
15—19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
21, 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Part III Local Government Administration
23 The Commissions for Local Administration.
(1)
For the purpose of conducting investigations in accordance with this Part of this Act, there shall be—
(a)
a body of commissioners to be known as the Commission for Local Administration in England, and
F16(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
The Parliamentary Commissioner shall be a member of F19the Commission .
F20(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
F24(3A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
F27(4A)
Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.
F28(5)
A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time.
F28(5A)
A Commissioner must be appointed for a period of not more than 7 years.
(5B)
A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.
(6)
F31(6A)
A person appointed to be a Commissioner is not eligible for re-appointment.
(7)
The Secretary of State shall designate two of the Local Commissioners for England as chairman and vice-chairman respectively of the Commission for Local Administration in England F32....
F33(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33(8A)
The Commission must—
(a)
divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and
(b)
allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
F33(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)
F34The Commission —
(a)
(b)
shall publish information about the procedures for making complaints under this Part of this Act.
(11)
For the year ending on 31st March 1975, and for each subsequent financial year, every Local Commissioner shall prepare a general report on the discharge of his functions and shall submit it to F37the Commission .
Any such report shall be submitted F38... not later than two months after the end of the year to which it relates.
(12)
F39In the financial year beginning on 1st April 1990, and in every third financial year afterwards, F40the Commission shall review the operation (since the last review was made under this subsection) of the provisions of this Part of this Act about the investigation of F41 matters , and shall have power to convey to authorities to which this Part of this Act applies . . . F42, or to government departments F43..., any recommendations or conclusions reached in the course of their reviews F44and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned.
F45(12A)
F46The Commission may, after consultation with the representative persons and authorities concerned, provide to the authorities or any of the authorities to which this Part of this Act applies such advice and guidance about good administrative practice as appears to the Commission to be appropriate and may arrange for it to be published for the information of the public.
(12B)
The representative persons and authorities concerned are—
(a)
for the purposes of subsection (12) above, such persons appearing to the Commission to represent authorities F47... to which this Part of this Act applies, and in the case of such authorities as are not so represented, those authorities; and
(b)
for the purposes of subsection (12A) above, such of those persons and authorities as the Commission think appropriate.
(13)
Schedule 4 to this Act shall have effect as respectss F48the Commission .
F4923A Annual reports for representatives etc.
(1)
For the financial year ending in 1990 and for each subsequent financial year, F50the Commission shall prepare a general report on the discharge of their functions F51 (an “annual report”) and shall submit it—
(a)
to such persons as appear to the Commission to represent authorities F52... to which this Part of this Act applies, and
(b)
in the case of such authorities as are not so represented, to those authorities.
(2)
(3)
F58(3A)
The Commission must lay a copy of the annual report before Parliament.
F59(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
F6324APower to investigate
(1)
Under this Part of this Act, a Local Commissioner may investigate a matter—
(a)
which relates to action taken by or on behalf of an authority to which this Part of this Act applies,
(b)
which is subject to investigation under this Part of this Act by virtue of section 26, and
(c)
in relation to which subsection (2), (3) or (5) is satisfied.
(2)
This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.
(3)
This subsection is satisfied if, in relation to the matter—
(a)
a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and
(b)
the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.
(4)
Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.
(5)
This subsection is satisfied if—
(a)
the matter has come to the attention of a Local Commissioner, and
(b)
section 26D applies to the matter.
(6)
In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.
(7)
Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—
(a)
not to investigate a matter, or
(b)
to discontinue an investigation of a matter,
if he is satisfied with action which the authority concerned have taken or propose to take.
25 Authorities subject to investigation.
(1)
This Part of this Act applies to F64the following authorities—
(a)
any local authority,
F65(aaa)
the Greater London Authority;
(aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
any joint board the constituent authorities of which are all local authorities,
(bb)
any development corporation established for the purposes of a new town,
F70(bbb)
the London Development Agency;
(bc)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(bd)
any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 F71for an urban development area in England ,
F72(be)
any housing action trust established under Part III of the Housing Act 1988 F73for a designated area in England
F76F77(bg)
a fire and rescue authority F78in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
F79(c)
any joint authority established by Part IV of the Local Government Act 1985;
F80(cza)
the London Fire and Emergency Planning Authority;
F81(ca)
F86(caa)
the Service Authority for the National Crime Squad;
F91(cd)
an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);
F92(ce)
any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(cf)
any combined authority established under section 103 of that Act;
F95;and
(e)
the London Transport Users’ Committee.
(2)
Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a precept.
(3)
An Order made by virtue of subsection (2) above may be varied or revoked by a subsequent Order so made and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)
Any reference to an authority to which this Part of this Act applies includes a reference—
(a)
to the members and officers of that authority, and
F96(b)
to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),
F96(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.
F97(4ZA)
Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.
F98(4A)
Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—
(a)
the London Assembly;
F99(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101F102(4B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103(5)
Any reference to an authority to which this Part of this Act applies also includes a reference to—
F104(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(c)
(d)
(e)
an exclusion appeal panel constituted F111 by the authority in accordance with regulations under section 52 of the Education Act 2002.
F112(6)
Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.
(7)
For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—
(a)
on behalf of the authority, and
(b)
in the exercise of the authority's function.
(8)
Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.
26 Matters subject to investigation.
F113(1)
For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—
(a)
alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;
(b)
an alleged or apparent failure in a service which it was the authority's function to provide;
(c)
an alleged or apparent failure to provide such a service.
F113(1A)
Subsection (1) is subject to the following provisions of this section.
F114(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F114(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F114(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
Before proceeding to investigate F115a matter, a Local Commissioner shall satisfy himself that
F116(a)
(6)
A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,—
(a)
any action in respect of which the F123person affected has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;
(b)
(c)
any action in respect of which the F123person affected has or had a remedy by way of proceedings in any court of law:
Provided that a Local Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the F123person affected to resort or have resorted to it.
F125(6A)
A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of F126any action taken by or on behalf of an authority in the exercise of any of the authority's functions otherwise than in relation to England.
(7)
A Local Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the F127following area—
F128(aa)
where the F129matter relates to a National Park authority, the area of the Park for which it is such an authority;
F130(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F132(ba)
(c)
in any other case, the area of the authority concerned.
(8)
Without prejudice to the preceding provisions of this section, a Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act.
(9)
Her Majesty may by Order in Council amend the said Schedule 5 so as to F136add to or exclude from the provisions of that Schedule (as it has effect for the time being) such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F137(10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F138(11)
In this section—
(a)
references to a F139 person affected include references to his personal representatives; and
F140(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F141(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F142(13)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14326AWho can complain
(1)
Under this Part of this Act, a complaint about a matter may only be made—
(a)
by a member of the public who claims to have sustained injustice in consequence of the matter,
(b)
by a person authorised in writing by such a member of the public to act on his behalf, or
(c)
in accordance with subsection (2).
(2)
Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made—
(a)
by his personal representative (if any), or
(b)
by a person who appears to a Local Commissioner to be suitable to represent him.
26BProcedure for making complaints
(1)
Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—
(a)
in writing, and
(b)
before the end of the permitted period.
(2)
In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—
(a)
the day on which the person affected first had notice of the matter, or
(b)
if the person affected has died without having notice of the matter—
(i)
the day on which the personal representatives of the person affected first had notice of the matter, or
(ii)
if earlier, the day on which the complainant first had notice of the matter.
(3)
A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
26CReferral of complaints by authorities
(1)
This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies.
(2)
If the complainant consents, the complaint may be referred to a Local Commissioner by—
(a)
the member of the authority to whom the complaint was made,
(b)
any other member of that authority, or
(c)
a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of.
(3)
Subject to subsection (4), a referral under this section must be made in writing.
(4)
A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.
(5)
If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section.
(6)
In this section, references to a member of an authority include—
(a)
in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed;
(b)
in relation to a joint board, a member of any of the constituent authorities of the joint board;
(c)
in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority.
F144(d)
in relation to an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007, a person who may be a member of the authority in accordance with section 208 of that Act.
F145(e)
in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a member of a constituent council of the board;
(f)
in relation to a combined authority established under section 103 of that Act, a member of a constituent council of the authority.
F146(7)
For the purposes of subsection (6)(e)—
(a)
a county council is a constituent council of an economic prosperity board if the area of the county council, or part of that area, is within the area of the board;
(b)
a district council is a constituent council of an economic prosperity board if the area of the district council is within the area of the board.
(8)
For the purposes of subsection (6)(f)—
(a)
a county council is a constituent council of a combined authority if the area of the county council, or part of that area, is within the area of the combined authority;
(b)
a district council is a constituent council of a combined authority if the area of the district council is within the area of the combined authority.
26DMatters coming to attention of Local Commissioner
(1)
This section applies to a matter which has come to the attention of a Local Commissioner if—
(a)
the matter came to his attention during the course of an investigation under this Part of this Act,
(b)
(subject to subsection (3)) the matter came to his attention—
(i)
before the person affected or his personal representatives had notice of the matter, or
(ii)
in any other case, before the end of the permitted period, and
(c)
it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
(2)
In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
(a)
the day on which the person affected first had notice of the matter, or
(b)
if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.
(3)
A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
27F147 Members of the public .
(1)
F148 In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than—
(a)
a local authority or other authority or body constituted for purposes of the public service or of local government F149(including F150the Welsh Ministers, the National Assembly for Wales Commission or the the National Assembly for Wales), or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;
F153(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Procedure in respect of investigations.
(1)
Where a Local Commissioner proposes to F154 investigate a matter under this Part of this Act , he shall afford to the authority concerned, and to any person who is alleged in the complaint F155 (if any), or who otherwise appears to the Local Commissioner, to have taken or authorised F156 the action which would be the subject of the investigation , an opportunity to comment on F157 the matter .
(2)
Every F158 investigation under this Part of this Act shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Local Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the preceding provision the Local Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented (by counsel or solicitor or otherwise) in the investigation.
(3)
The Local Commissioner may, if he thinks fit, pay to the person by whom the complaint F159 (if any) was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part of this Act—
(a)
sums in respect of the expenses properly incurred by them;
(b)
allowances by way of compensation for the loss of their time,
F160...
(4)
The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned F161 or any other person , or any power or duty of F162 the authority concerned or any other person to take further action with respect to any matters subject to the investigation.
29 Investigations: further provisions.
(1)
For the purposes of an investigation under this Part of this Act a Local Commissioner may require any member or officer of the authority concerned, or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such documents.
(2)
For the purposes of any such investigation a Local Commissioner shall have the same powers as the High Court in respect of the attendance and examination of witnesses, and in respect of the production of documents.
(3)
A Local Commissioner may, under subsection (1) above, require any person to furnish information concerning communications between the authority concerned and any Government department F163..., or to produce any correspondence or other documents forming part of any such written communications.
(4)
No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information in accordance with subsection (3) above; and where that subsection applies the Crown shall not be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.
(5)
Nothing in subsection (1) or subsection (3) above affects—
(a)
the restriction, imposed by section 11(2) of the M2Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers;
F164(aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
(c)
the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.
(6)
To assist him in any investigation, a Local Commissioner may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine F168....
F169(6A)
A Local Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.
(6B)
Any person or persons appointed under subsection (6A) above shall be deemed to be an officer or officers of the Commission for Local Administration in carrying out his or their functions under that appointment.
(7)
Subject to subsection (4) above, no person shall be compelled for the purposes of an investigation under this Part of this Act to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.
(8)
If any person without lawful excuse obstructs a Local Commissioner in the performance of his functions under this Part of this Act, F170 or any person discharging or assisting in the discharge of those functions, or is guilty of any act or omission in relation to an investigation under this Part of this Act which, if that investigation were a proceeding in the High Court, would constitute contempt of court, the Local Commissioner may certify the offence to the High Court.
(9)
Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the High Court could deal with him if he had committed the like offence in relation to the High Court.
(10)
Nothing in subsection (8) above shall be construed as applying to the taking of any such action as is mentioned in section 28(4) above.
30 Reports on investigations.
F171(1)
If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)).
F171(1A)
A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA).
(1B)
If, after the investigation of a matter is completed, the Local Commissioner decides—
(a)
that he is satisfied with action which the authority concerned have taken or propose to take, and
(b)
that it is not appropriate to prepare and send a copy of a report under subsection (1),
he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
(1C)
If a Local Commissioner decides—
(a)
not to investigate a matter, or
(b)
to discontinue an investigation of a matter,
he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
(1D)
For the purposes of subsections (1) to (1C), the persons concerned are—
(a)
the complainant (if any),
(b)
any person who referred the matter under section 26C(2),
(c)
the authority concerned, and
(d)
any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.
(2)
Where F172 a complaint about the matter was referred by a person who was a member of an authority but who has since ceased to be a member of that authority, the report or statement shall be sent to the chairman, or, as the case may be, mayor of that authority.
F173(2AA)
If the authority concerned is the Greater London Authority—
(a)
F174 the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and
(b)
in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.
F175(2AB)
Where an authority are operating executive arrangements which involve a mayor and cabinet executive F176..., subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.
(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F177(2B)
Subsections (3) to (8) apply in the case of a report under subsection (1).
(3)
Apart from identifying the authority or authorities concerned, the report shall not, except where subsection (3A) below applies,—
(a)
mention the name of any person, or
(b)
contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
unless, after taking into account the public interest as well as F178 the interests of the complainant (if any) and of other persons , the Local Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.
F179(3AA)
Nothing in subsection (3) above prevents a report—
(a)
mentioning the name of, or
(b)
containing particulars likely to identify,
the Mayor of London or any member of the London Assembly.
(3A)
Where the Local Commissioner is of the opinion—
(a)
that action constituting maladministration was taken which involved a member of the authority concerned, and
(b)
that the member’s conduct constituted a breach of the National Code of Local Government Conduct,
then, unless the Local Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.
(4)
Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from, the report when so made available.
F180(4A)
Subject to subsection (7) below, the authority concerned shall supply a copy of the report to any person on request if he pays such charge as the authority may reasonably require.
(5)
Not later than F181two weeks after the report is received by the authority concerned, the proper officer of the authority shall give public notice, by advertisement in newspapers and such other ways as appear to him appropriate, that F182copies of the report will be available as provided by subsections (4) and (4A) above, and shall specify the date, being a date F183not more than one week after the public notice is first given, from which the period of three weeks will begin.
(6)
If a person having the custody of a report made available for inspection as provided by subsection (4) above obstructs any person seeking to inspect the report, or to make a copy of, or extract from, the report, he shall be liable on summary conviction to a fine not exceeding F184level 3 on the standard scale.
(7)
The Local Commissioner may, if he thinks fit after taking into account the public interest as well as F185 the interests of the complainant (if any) and of other persons , direct that a report specified in the direction shall not be subject to the provisions of subsections (4) F186, (4A) and (5) above.
F187(8)
Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.
31 Reports on investigations: further provisions.
F188F189(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.
(2)
The report shall be laid before the authority concerned and it shall be the duty of that authority to consider the report and, within the period of three months beginning with the date on which they received the report, or such longer period as the Local Commissioner may agree in writing, to notify the Local Commissioner of the action which the authority have taken or propose to take.
(2A)
If the Local Commissioner—
(a)
does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or
(b)
is not satisfied with the action which the authority concerned have taken or propose to take, or
(c)
does not within a period of three months beginning with the end of the period so allowed, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,
he shall make a further report setting out those facts and making recommendations.
F190(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.
F190(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.
(2C)
Section 30 above, with any necessary modifications, and subsection (2) above shall apply to a report under subsection (2A) above as they apply to a report under that section.
(2D)
If the Local Commissioner—
(a)
does not receive the notification required by subsection (2) above as applied by subsection (2C) above within the period allowed by or under that subsection or is satisfied before the period allowed by that subsection has expired that the authority concerned have decided to take no action, or
(b)
is not satisfied with the action which the authority concerned have taken or propose to take, or
(c)
does not within a period of three months beginning with the end of the period allowed by or under subsection (2) above as applied by subsection (2C) above, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,
he may, by notice to the authority, require them to arrange for a statement to be published in accordance with subsections (2E) and (2F) below.
(2E)
The statement referred to in subsection (2D) above is a statement, in such form as the authority concerned and the Local Commissioner may agree, consisting of—
(a)
details of any action recommended by the Local Commissioner in his further report which the authority have not taken;
(b)
such supporting material as the Local Commissioner may require; and
(c)
if the authority so require, a statement of the reasons for their having taken no action on, or not the action recommended in, the report.
(2F)
The requirements for the publication of the statement are that—
(a)
publication shall be in any two editions within a fortnight of a newspaper circulating in the area of the authority agreed with the Local Commissioner or, in default of agreement, nominated by him; and
(b)
publication in the first such edition shall be arranged for the earliest practicable date.
(2G)
If the authority concerned—
(a)
fail to arrange for the publication of the statement in accordance with subsections (2E) and (2F) above, or
(b)
are unable, within the period of one month beginning with the date on which they received the notice under subsection (2D) above, or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the statement to be published,
the Local Commissioner shall arrange for such a statement as is mentioned in subsection (2E) above to be published in any two editions within a fortnight of a newspaper circulating within the authority’s area.
(2H)
The authority concerned shall reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing his duty under subsection (2G) above.
F191(3)
In any case where—
(a)
a report is laid before an authority under subsection F192(2) or (2C) above, and
(b)
the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.
F195(4)
Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.
F19631A Consideration of adverse reports.
F197(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197(1A)
Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that—
(a)
no action should be taken on the report, or
(b)
the action recommended in the report should not be taken,
consideration of the report shall be referred to that authority.
(1B)
For the purposes of subsection (1A)—
(a)
“listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and
(b)
a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).
(1C)
Subsection (1A) has effect subject to subsection (3).
F197(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F197F198(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
The restriction imposed by F199 subsection (1A) above does not apply where the report recommends action to be taken by—
(a)
a joint committee established under F200 section 101 of the Local Government Act 1972,
F201(c)
an admission appeal panel or exclusion appeal panel mentioned in section 25(5)(c) or (e),
and the report is considered by that committee or panel.
(4)
If an authority considering a further report of the Local Commissioner under section 31(2A) above take into consideration a report by a person or body with an interest in the Local Commissioner’s report, they shall not conclude their consideration of the Local Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Local Commissioner’s report.
(5)
F203 No individual shall decide or vote on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by a Local Commissioner.
F204F198(5A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F205(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F206(7)
F21031BPublication of reports etc by Commissioners
(1)
A Local Commissioner may—
(a)
publish all or part of a report or statement under section 30,
(b)
publish all or part of a report under section 31,
(c)
arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or
(d)
publish a summary of a matter which is the subject of a report or statement under section 30 or 31,
if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so.
(2)
A Local Commissioner may—
(a)
supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and
(b)
charge a reasonable fee for doing so.
(3)
Subsection (3) of section 30 applies to—
(a)
any part of a statement under section 30, and
(b)
any part of a summary of a matter,
that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.
32 Law of defamation, and disclosure of information.
(1)
For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
(a)
(b)
F215(ba)
the publication of any matter by a Local Commissioner or by F216 any person discharging or assisting in the discharge of a function of a Local Commissioner in communicating with the Parliamentary Commissioner or the Health Service Commissioner for England or any officer of either such Commissioner for the purposes of this Part of this Act;
(c)
the publication of any matter in preparing, making and sending a report or statement in accordance with section 30 or section 31 above, or, subject to section 30(7) above, in making a report available to the public F217or in supplying a copy under section 30(4A) above;
(d)
the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under F218 section 23A above.
F219(e)
the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.
F220(f)
the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.
(2)
Information obtained by a Local Commissioner, or F221 any person discharging or assisting in the discharge of a function of a Local Commissioner , in the course of or for the purposes of an investigation under this Part of this Act shall not be disclosed except—
(a)
for the purposes of the investigation and of any F222 report, statement or summary under section 30, 31 or 31B above; or
F223(aa)
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or
(b)
for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by a Local Commissioner or by F224 a person discharging or assisting in the discharge of a function of Local Commissioner or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or
(c)
for the purpose of any proceedings under section 29(9) above,
and a Local Commissioner and F225 persons discharging or assisting in the discharge of a function of a Local Commissioner shall not be called upon to give evidence in any proceedings (other than proceedings within paragraph (b) or (c) above) of matters coming to his or their knowledge in the course of an investigation under this Part of this Act.
(3)
A Minister of the Crown or F226 any of the authorities to which this Part of this Act applies may give notice in writing to a Local Commissioner with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister, or as the case may be of the authority, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest; and where such a notice is given nothing in this Part of this Act shall be construed as authorising or requiring the Local Commissioner or F227 any person discharging or assisting in the discharge of a function of a Local Commissioner to communicate to any other person, or for any purpose, any document or information specified in the notice, or any document or information of a class so specified:
Provided that a notice given under this subsection by any authority may be discharged by the Secretary of State.
F228(3A)
A notice under subsection (3) above may not be given electronically.
F229(3B)
Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).
(4)
Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 29 above.
(5)
Where information is disclosed in accordance with section 29(3) above, being information which is derived from a communication from a government department F230..., and which has not been made public, a Local Commissioner shall not without the written consent of an officer of the government department F231... make a report which includes all or any of that information unless he has given the department F232... not less than one month’s notice in writing of his intention.
(6)
The provisions of this section shall apply to the Commissioners of Customs and Excise and Commissioners of Inland Revenue as they apply to a Minister of the Crown.
F233(7)
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.
F23432A.Use of information by Local Commissioner in other capacity
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Consultation between Local Commissioner, F235the Parliamentary Commissioner and the Health Service CommissionersF235and other Commissioners and Ombudsmen.
(1)
If, at any stage in the course of conducting an investigation under this Part of this Act, a Local Commissioner forms the opinion that F236 the matters which are the subject of the investigation include a matter which could be the subject of an investigation—
(a)
by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967,
F237(aza)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F238(aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F239...
(b)
F243(ba)
by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;
(c)
by the Scottish Public Services Ombudsman in accordance with the Act of 2002,
he shall consult with the appropriate Commissioner F244or F245... Ombudsman F246 about the matter and, where a complaint was made about the matter, he shall , if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Act of 1967 , F247... F248the Act of 1993 F249, the Public Services Ombudsman (Wales) Act 2005 or under the Act of 2002 , as the case may be.
(2)
Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, F250the Public Services Ombudsman for Wales F251, the Scottish Public Services Ombudsman or F252the Health Service Commissioner for England in relation to F253 a matter under investigation under this Part of this Act , he may consult that Commissioner F254or F255that Ombudsman about F256 anything relating to the matter , including—
(a)
the conduct of any investigation into the F257 matter , and
(b)
the form, content and publication of any report of the results of such an investigation.
F258(3)
If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of investigation under this Part of this Act, he shall consult with the appropriate Local Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint F259. . . of the steps necessary to initiate a complaint under this Part of this Act.
(4)
Where, by virtue of subsection (3) above, a Local Commissioner is consulted about a complaint under the Act of 1967 F260. . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.
(5)
Nothing in section 11(2) of the Act of 1967, F261... in F262section 15 of the Act of 1993, F263in F264section 26 of the Public Services Ombudsman (Wales) Act 2005 F265, in section 19 of the Act of 2002 or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information F266. . . in the course of consultations held in accordance with this section.
(6)
F26933ZACollaborative working between Local Commissioners and other Commissioners
(1)
If at any stage in the course of conducting an investigation under this Act a Local Commissioner forms the opinion that F270 the matters which are the subject of the investigation include a matter within the jurisdiction of —
(a)
the Parliamentary Commissioner,
(b)
the Health Service Commissioner for England, or
(c)
both,
he may, subject to subsection (2) below, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
(2)
(3)
If a Local Commissioner forms the opinion that a complaint which is being investigated by—
(a)
the Parliamentary Commissioner,
(b)
the Health Service Commissioner, or
(c)
both,
relates partly to a matter within his jurisdiction, he may conduct an investigation under this Act jointly with that Commissioner or those Commissioners.
(4)
If a Local Commissioner conducts an investigation F273... jointly with another person, the requirements of section 30(1) (so far as relating to a case where the Local Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.
(5)
In relation to an investigation which has been conducted jointly with another person a direction given by the Local Commissioner under section 30(7) of this Act may relate only to those parts of a joint report prepared by virtue of subsection (4) above which are specified in the direction.
F27433A Disclosure of information by Local Commissioner to Information Commissioner.
(1)
A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—
(a)
a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i)
Part V of the Data Protection Act 1998 (enforcement),
(ii)
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii)
Part IV of that Act (enforcement), or
(b)
the commission of an offence under—
(i)
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii)
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2)
Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.
34 Interpretation of Part III.
(1)
In this Part of this Act, unless the context otherwise requires—
“action” includes failure to act, and other expressions connoting action shall be construed accordingly,
F275“the Commission” means the Commission for Local Administration in England,
F276“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
F281“mayor and cabinet executive” F282has the same meaning as in Part II of the Local Government Act 2000;
F286...
F286" person affected ”—
(a)
in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and
(b)
in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;
“Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F287
“tribunal” includes the person constituting a tribunal consisting of one person.
F288(1A)
In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).
(2)
Section 269 of the M4Local Government Act 1972 (which relates to the meaning of “England” and “Wales” in Acts passed after 1st April 1974) shall apply to this Part of this Act as if it had been passed after that date.
(3)
It is hereby declared that nothing in this Part of this Act authorises or requires a Local Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.
Part IV Miscellaneous and General
35 Removal or relaxation of controls affecting certain local authority functions.
(1)
For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in the first column of Schedule 6 to this Act shall have effect subject to the amendments specified in the second column of that Schedule.
(2)
Without prejudice to section 43(4) below, any reference in Schedule 6 to this Act to any enactment includes a reference to that enactment as applied by any other enactment, including a local Act.
(3)
Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.
(4)
An order made under this section—
(a)
may be revoked or varied by a further order so made, and
(b)
may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.
(5)
A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
(6)
In this section “local authority” means any local authority within the meaning of the M5Local Government Act 1972, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, the Council of the Isles of Scilly, a port health authority, F289Transport for London and a Passenger Transport Executive.
36 Recovery by local authorities of establishment charges.
(1)
In any case where a local authority—
(a)
are empowered under any enactment to carry out any works or do any other thing on or in relation to any land or building, and
(b)
by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,
the local authority shall be entitled to recover, together with and in like manner as the expenses which are recoverable as mentioned in paragraph (b) above, such sum as appears to them to be reasonable in respect of their establishment charges.
(2)
The provisions of subsection (1) above shall have effect in substitution for any provision contained in any enactment, including an enactment in a local Act, under which a local authority who have exercised any such power as is referred to in subsection (1)(a) above have power to recover any sum in respect of their establishment charges or any element or elements of those charges.
(3)
In this section “local authority” has the same meaning as in section 35 above.
37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F290
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291
39 Compensation for loss of office : extension of cases for which regulations may provide.
“(3)
Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—
(a)
the provisions of any such order as is referred to in section 326(1) of the Public Health Act 1936 ;
(b)
an existing local authority ceasing, as respects the whole or part of their area, to be a food and drugs authority, within the meaning of the Food and Drugs Act 1955 ;
(c)
any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955 or in the Slaughterhouses Act 1974 ; or
(d)
the provisions of an order under section 46 of the Children and Young Persons Act 1969 ;
and, withour prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions as to compensation made for that case by section 326 of the Public Health Act 1936, section 129(1) of the Food and Drugs Act 1955 or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of theregulations apply.”
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F292
41 Expenses.
There shall be defrayed out of money provided by Parliament—
(a)
any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;
(b)
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
42 Minor and consequential amendments and repeals.
(1)
Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
(2)
The enactments specified in Schedule 8 to this Act are here by repealed to the extent specified in the third column of that Schedule.
43 Short title, commencement, construction, application and extent.
(1)
This Act may be cited as the Local Government Act 1974.
(2)
Part II, other than sections 16 and 22, and sections 35, 37 and 42 of this Act and Schedules 6 to 8 to this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
(3)
An order under subsection (2) above appointing a day for the coming into operation of any provision of Schedules 6 to 8 to this Act may contain such savings with respect to the operation of that provision as appear to the Secretary of State to be appropriate.
(4)
Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.
(5)
In their application to the Isles of Scilly, the provisions of Parts I and IV of this Act shall have effect subject to such modifications as the Secretary of State may by order made by statutory instrument direct.
(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293, this Act shall not extend to Scotland or to Northern Ireland.
SCHEDULE 1 Termination or Modification of Certain Existing Grants
Part I
1—5.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F294
Part II Existing Grants for Highways and Public Transport
6
Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State—
(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295
(b)
to make grants to a Passenger Transport Executive under section 20(8) of the M7Transport Act 1968 (towards expenditure incurred by the Executive for certain areas in pursuance of agreements with the Railways Board for the provision of railway passenger services), and
(c)
to make grants to any person under section 56(1) of the Transport Act 1968 (towards capital expenditure incurred or to be incurred in the provision, improvement or development of facilities for public passenger transport),
shall cease to be exercisable except in cases where it appears to the Secretary of State that, notwithstanding the grants for which provision is made in Part I of this Act, the whole or any part of any expenditure in respect of which any such advances or grants as are referred to in . . . F296, paragraph (b) or paragraph (c) above could be made should not fall on the local highway authority, Passenger Transport Executive or other person concerned.
7
No grants shall be paid under section 34(2) of the Transport Act 1968 (towards expenditure incurred by local authorities in making grants to provide assistance for rural bus or ferry services and in the provision of such ferry services) in respect of expenditure incurred in connection with the provision, improvement or continuance, after the end of the year 1974-75, of any bus service or ferry service, within the meaning of that Act.
8
(1)
In any case where it appears to the Secretary of State—
(a)
that any person other than a local authority, a Passenger Transport Executive or F297London Regional Transport has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and
(b)
that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,
then, notwithstanding anything in paragraph 6 above, the Secretary of State may, on or after 1st April 1975, make to that person under that section any grant which he considers appropriate in the light of that undertaking.
(2)
In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.
9
(1)
In any case where it appears to the Secretary of State—
(a)
that a Passenger Transport Executive . . . F298 has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the M8Transport Act 1968, and
(b)
that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,
the Secretary of State shall, as soon as practicable after 1st April 1975, give notice in writing to the appropriate local authority specifying the purpose of the expenditure, the Executive carrying it out and particulars of the grant or grants to which the undertaking relates, including the terms and conditions upon which the grant or grants were to be made and details of the amount or proportion thereof already paid at that date.
(2)
An authority to whom a notice is given under sub-paragraph (1) above shall make to the Executive specified in the notice payments under subsection (2) of section 56 of the Transport Act 1968—
(a)
corresponding in amount to the payments which, in accordance with the particulars specified in the notice, would have been made under the grant or grants concerned, and
(b)
on terms and conditions corresponding, as near as may be, to those so specified,
and, in relation to the authority, expenditure for the purpose specified in the notice shall be conclusively presumed for the purposes of that subsection to be expenditure towards which payments may be made under that subsection.
(3)
In sub-paragraph (1) above “the appropriate local authority”, in relation to a Passenger Transport Executive, means the county council which is the Passenger Transport Authority for the Executive’s area . . . F299
Part III Existing Grants for Other Specific Purposes
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F300
11
(1)
The Secretary of State may from time to time, by order made by statutory instrument, provide that, with effect from such year as may be specified in the order, no grant shall be paid under any such local authority grant provision as may be so specified or that no grant shall be so paid except in respect of expenditure of a description so specified.
(2)
In this paragraph “local authority grant provision” means an enactment providing for the payment of grants to local authorities (within the meaning of the enactment concerned) in respect of expenditure incurred in connection with a specific function.
(3)
An order under this paragraph may contain such provisions as appear to the Secretary of State to be necessary or proper in consequence of the termination of the grants, including provision amending, repealing or revoking, with or without savings, any enactment or instrument made under an enactment.
(4)
No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.
F301SCHEDULE 2 Elements of Rate Support Grants
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 . . . F302
SCHEDULE 4F303The Commission
Disqualifications
1
(1)
A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—
(a)
he is disqualified for being elected, or being, a member of F304 any authority to which Part 3 of this Act applies ; or
(b)
he is a member of any of those authorities F305....
(2)
A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner F306—
(a)
has been a member of that authority,
(b)
has taken action on behalf of that authority in the exercise of any of their functions, or
(c)
has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.
F307(2C)
A Local Commissioner may not investigate a complaint against a school under Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 if the Local Commissioner—
(a)
is a governor of the school;
(b)
is a parent of—
(i)
a registered pupil at the school, or
(ii)
a person who has been a registered pupil at the school within the five years ending with the making of the complaint; or
(c)
works at the school or has worked at the school within those five years.
(2D)
In sub-paragraph (2C) “registered pupil” has the same meaning as in the Education Act 1996.
(3)
The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F308... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.
F3092A
A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—
(a)
while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—
(i)
matters relating to the authority, or
(ii)
matters of a description which may include matters relating to the authority, and
(b)
for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).
F3092
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration, etc.
3
(1)
(2)
If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, F312the Commission may pay to that person a sum of such amount as the Secretary of State mayF313... determine.
F314(3)
Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.
Staff and accommodation
4
(1)
F315The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.
(2)
F316The Commission shall make arrangements to enable Local Commissioners to investigate F317 matters , and in particular arrangements for—
(a)
allocating members of their staff to assist Local Commissioners, and
(b)
providing offices and other accommodation.
(3)
An officer of F318the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.
F319(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F320(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F321F322(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings of F323the Commission
5
(1)
F324The Commission may determine their own procedure, including the quorum necessary for their meetings.
(2)
The validity of any proceedings of F325the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.
(3)
F326The Commission shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.
F327 Expenses of F328the Commission
F3295A
(1)
The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.
(2)
A determination under sub-paragraph (1) must be approved by the Treasury.
F3308A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F331
F332Delegation
13
(1)
Any function of a Commissioner may be discharged on the Commissioner's behalf—
(a)
by any person authorised by the Commissioner to do so, and
(b)
to the extent so authorised.
(2)
Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.
SCHEDULE 5 Matters not Subject to Investigation
1
The commencement or conduct of civil or criminal proceedings before any court of law.
2
F3353
(1)
Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—
(a)
the operation of public passenger transport;
(b)
the carrying on of a dock or harbour undertaking;
(c)
the provision of entertainment;
(d)
the provision and operation of industrial establishments;
(e)
the provision and operation of markets.
(2)
Sub-paragraph (1) does not include transactions for or relating to—
(a)
the acquisition or disposal of land;
(b)
the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.
(3)
Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.
(4)
Sub-paragraph (1)(e) does not include transactions relating to—
(a)
the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or
(b)
the attachment of any condition to such a licence.
4
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
5
F336(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
Any action concerning—
(a)
the giving of instruction, whether secular or religious, or
(b)
conduct, curriculum, internal organisation, management or discipline,
F3396
7
Action taken by F342 or on behalf of an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.
F3438
SCHEDULE 6 RELAXATION AND REMOVAL OF CONTROLS
Enactment relating to local authority function | Amendment |
|---|---|
1. Section 94 of the M9Public Health Act Amendment Act 1907 (power of local authorities to licence pleasure boats and boatmen). | In subsection (1), for the words from “annual fees” to the end of the subsection there shall be substituted the words “for each type of licence such annual fee as appears to them to be appropriate”. |
2.—(1) Section 1 of the M10Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals). | In subsection (2), for the words “the prescribed fee” there shall be substituted the words “such fee as appears to the local authority to be appropriate” ; in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, shall be omitted; in subsection (7) the words “subject to payment of the prescribed fee” shall be omitted; and at the end of the section there shal be added the following subsection : “(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”. |
(2) Section 5(3) of that Act (expenses of local authorities, etc.). | The words from “and the fee for registration” to the end shall be omitted. |
3. . . . F346 | . . . F346 |
4. Section 3 of the M11Civic Restaurants Act 1947 (financial provisions). | In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from “and the form of the account” to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from “and if the account” to the end of the subsection shall be omitted. |
5. . . . F347 | . . . F347 |
6.—(1) Section 64 of the M12National Parks and Access to the Countryside Act 1949 (power of local planning authority to male access agreements with landowners in theri area). | In subsection (1) the words “with the approval of the Minister” shall be omitted. |
(2) Section 65 of that Act (power of local planning authorities to make access orders). | Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted. |
(3) Section 104 of that Act (general provisions as to appropriation and disposal of land). | Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted. |
(4) Section 105 of that Act (default powers of Secretary of State). | The section shall cease to have effect. |
7. . . . F348 | . . . F348 |
8. Section 1 of the M13Pet Animals Act 1951 (licensing of pet shops by local authorities). | In subsection (2), as originally enacted, the words “not exceeding ten shillings” shall be omitted. |
9. . . . F349 | . . . F349 |
10. Section 6 of the M14Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft). | The words from the beginning to “may authorise” shall be omitted ; for the words “to make and recover charges” there shall be substituted the words “may impose such charges as appear to the authority to be appropriate” ; and for the words “any such Order in Council” there shall be substituted the words |
11. . . . F350 | . . . F350 |
Subsection (3) (advertisement of local authority’s intention to apply for Minister’s approval) shall be omitted. | |
12. . . . F351 | . . . F351 |
13. Schedule 2 to the M15Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons). | In paragraph 3, sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words “Provided that where” there shall be substituted the words “unless the council are satisfied that” and the words from “the Minister” to the end of the sub-paragraph shall be omitted. |
14. Section 2 of the M16Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area). | Subsections (2) and (3) (consent of the Secretary of State required for local authorities to develop land) shall be omitted. |
15. . . . F352 | . . . F352 |
16. Schedule 12 to the M17London Government Act 1963 (licensing of public entertainments in Greater London). | In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainment to be such as the Greater London Council may fix. within specified limits) the words from “not exceeding” to the end of the paragraph shall be omitted. |
17. Section 1 of the M18Animal Boarding Establishments Act 1963 (licensing by local authorites of boarding establishments for animals). | In subsection (2), as orignally enacted, the words “not exceeding ten shillings” shall be omitted. |
18. Section 1 of the M19Riding Establishments Act 1964 (licensing of riding establishments by local authorities). | In subsection (2), for the words from “and on payment” to “grant” there shall be substituted the words “grant, on payment of such fee as may be determined by the local authority”. |
19.—(1) Section 5 of the M20Plant Health Act 1967 (execution of Act by local authorities). | In subsection (2) (local authorites to keep certain records in such manner and form as competent authority may direct), the words from “in such manner” to “direct” shall be omitted. |
(2) Section 6 of that Act (publication of orders). | In subsection (3) (local authoritites to publish orders in such manner and form as competent authority directs) the words from “in such manner as the competent authority directs” to “such direction” shall be omitted. |
20. . . . F353 | . . . F353 |
21. . . . F354 | . . . F354 |
22.—(1) Section 10 of the M21Transport Act Act 1968 (general powers of the Passengers Transport Executive). | In subsection (1)(xvi) (power with Passenger Transport Authority’s approval and Secretary of State’s consent, to make arrangements for transfer of part of the Executive’s undertaking of property to persons who have agreed to carry on any of the Executive’s activities) the words “and the consent of the Minister” shall be omitted. |
(2)Section 11 of that Act (financial duty of Executive). | Subsection (4) (Executive to submit to Secretary of State statement of Executive’s proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted. |
(3) Section 12 of that Act (borrowing powers of Executive). | In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State’s consent, to borrow money for that purpose) the words “with the consent of the Minister” shall be omitted. |
(4) Section 13 of that Act (power fot Authority to precept for Executive). | Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted. |
(5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities). | In subsection (2), in paragraph (c), the final word “and” and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State’s powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted. |
(6) Section 18 of that Act (planning of passenger transport services in designated areas). | In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted. |
(7) . . . F355 | . . . F355 |
(8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas). | In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted. |
(9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages). | In subsection (2), the words “subject to subsection (3) of this section” and subsections (3) to (8) (control of Secretary of State over exercise of local authorities’ powers) shall be omitted. |
(10) Section 37 of that Act (power of local authorities, with the Secretary of State’s consent, to acquire or dispose of public service vehicle undertakings). | In subsection (1), the words from “with the consent” to “Secretary of State” and subsection (2) (terms on which consent may be given) shall be omitted. |
(11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions). | Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted. |
(12) Part III of Schedule 5 to that Act (matters which may be dealt with an order designating a passenger transport area). | Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted. |
23. . . . F356 | . . . F356 |
24.F357... | F357. . . |
F357. . . | F357. . . |
25. . . . F356 | . . . F356 |
26.—(1) Section 18 of the M22Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses). | In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words “with the approval of the Minister” shall be omitted and subsections (3) to (5) (advertisement of local authority’s intention to apply for Minister’s approval and provisions as to public inquiries) shall be omitted. |
(2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence). | For the words from “a fee”, in the first place where they occur, to “5p” there shall be substituted the words “such fees as appear to them to be appropriate for the grant and”. |
SCHEDULE 7 MINOR AND CONSEQUENTIAL AMENDMENTS
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F358
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F359
3—10.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F360
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F361
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F362
The Water Act 1973 M23
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F363
14
“(cc)
without prejudice to the generality of paragraph (c) above, for the demand, collection and recovery by a local authority of any such amount as is mentioned in that paragraph in like manner as, and together with, any amount due to the authority in respect of the general rate and for the extension of section 113 of, and the modification of Schedule 12 to, the General Rate Act 1967 (power to make rules, and forms of documents) to take account of any such provision made by the order.”.
The Breeding of Dogs Act 1973 M24
15
(1)
Section 4 of the Breeding of Dogs Act 1973 (which confers power on a local authority to prosecute for certain offences but is rendered unnecessary by section 111 of the Local Government Act 1972) shall cease to have effect.
(2)
In section 5(2) of that Act, in the definition of local authority, after the word “means” there shall be inserted the words “
in England and Wales
”
and for the words from “or of a district” to “Wales)” there shall be substituted the words “
the council of a district
”
.
SCHEDULE 8 Enactments Repealed
Chapter | Short Title | Extent of Repeal |
|---|---|---|
15 & 16 Geo. 5. c. 38. | The Performing Animals (Regulation) Act 1925. | In section 1, in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, and in subsection (7) the words “subject to payment of the prescribed fee”. |
In section 5, in subsection (3) the words from “and the fee for registration” to the end of the subsection. | ||
26 Geo. 5. & 1 Edw. 8. c. 49. | The Public Health Act 1936. | Section 292. |
10 & 11 Geo. 6. c. 22. | The Civic Restaurants Act 1947. | In section 3, in subsection (1) the words from “and the form of the account” to the end of the subsection, and in subsection (2) the words from “and if the account” to the end of the subsection. |
11 & 12 Geo. 6. c. 26. | The Local Government Act 1948. | Section 138(2). |
12, 13 & 14 Geo. 6. c. 55. | The Prevention of Damage by Pests Act 1949. | In section 7(2) the words “two hundred and ninety-two” and the words “for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act”. |
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | In section 64(1) the words “with the approval of the Minister”. |
Section 65(6). | ||
In section 97, in subsection (1), paragraphs (a) and (b), and in paragraph (c) the words from “and under” to the end of the paragraph, and subsections (6) and (7). | ||
Section 98. | ||
In section 104, subsections (7) and (8). | ||
Section 105. | ||
14 Geo. 6. c. 36. | The Diseases of Animals Act 1950. | In section 43 the words “with the sanction of the Minister”. |
Section 61(7). | ||
14 & 15 Geo. 6. c. 35. | The Pet Animals Act 1951. | In section 1(2), as originally enacted, the words “not exceeding ten shillings”. |
14 & 15 Geo. 6. c. 60. | The Mineral Workings Act 1951. | In section 19, in subsection (2) the words from “but the local authority” to the end of the subsection, and subsection (4). |
2 & 3 Eliz. 2. c. 68. | The Pests Act 1954. | In section 6 the words from the beginning to “may authorise”. |
4 & 5 Eliz. 2. c. 16. | The Food and Drugs Act 1955. | In section 80, in subsection (1) the words “with approval of the Minister”, and subsection (3). |
7 & 8 Eliz. 2. c. 25. | The Highways Act 1959. | In section 124, in subsection (2), and in subsection (3) the words from “or, in a case where” to “so extended” and the words from “or, if an appeal” to the end of the subsection. |
In section 174(2)(b) the words from “which may include” to “and notices”. | ||
8 & 9 Eliz. 2. c. 62. | The Caravan Sites and Control of Development Act 1960. | In Schedule 2, in paragraph 3, in sub-paragraph (1) the words from “the Minister” to the end of the sub-paragraph. |
1963 c. 29. | The Local Authorities (Land) Act 1963. | In section 2, subsections (2) and (3). |
1963 c. 31. | The Weights and Measures Act 1963. | In section 4(2) the words “and approved for the purpose by the Board”. |
In section 5(3) the words “and approved for the purpose of the Board”. | ||
In section 44(1) the words “with the consent of the Board”. | ||
1963 c. 33. | The London Government Act 1963. | In Schedule 12, in each of paragraphs 3 and 6, the words from “not exceeding” to the end of the paragraph. |
1963 c. 43. | The Animal Boarding Establishments Act 1963. | In section 1(2), as originally enacted, the words “not exceeding ten shillings”. |
1966 c. 9. | The Rating Act 1966. | Section 9. |
Section 12(a). | ||
1966 c. 42. | The Local Government Act 1966. | Sections 1 to 5. |
Section 8. | ||
Section 10. | ||
In section 27(2) the words from “all or any” to “authorites, and”. | ||
Schedule 1. | ||
In Schedule 3, in Part II, in column 1 the entries numbered 11, 14, 16, 21, 24, 25, 26 and 28. | ||
1967 c. 8. | The Plant Health Act 1967. | In section 5(2) the words from “in such manner” to “direct”. |
1967 c. 8—cont. | The Plant Health Act 1967—cont. | In section 6(3) the words from “in such manner as the competent authority directs” to “such direction”. |
1967 c. 9. | The General Rate Act 1967. | In section 17(2), in paragraph (a) the words from “not being earlier” to the end of the paragraph, and in paragraph (b) the words from “not being earlier” to the end of the paragraph. |
In section 21(7) the words “or in section 22 of this Act”. | ||
Section 22. | ||
Section 35. | ||
Section 49. | ||
In section 51(1) the words “not exceeding two-and-a-half per cent”. | ||
Section 52. | ||
In section 115, in subsection (1) the definitions of “rebate application” and “rebate period”, and subsection (3)(b). | ||
Schedules 9 and 11. | ||
1967 c. 76. | The Road Traffic Regulation Act 1967. | In section 29, in subsection (1) the words from “exercisable” to “approved by him”, and subsection (2). |
In section 31, in subsection (2) the words from “and, where an order provides” to the end of the subsection. | ||
In section 37, in subsection (5) the words “in the prescribed manner” and the words from “and in this” onwards. | ||
In section 44, in subsection (2) in the proviso the words from “but shall not be carried forward” to the end of the proviso, and in subsection (3)(c) the words “with the consent of the appropriate Minister”. | ||
In section 46(2) the words “with the consent of the Minister of Housing and Local Government”. | ||
In section 72(6)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. | ||
In section 84B(8)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. | ||
1968 c. 41. | The Countryside Act 1968. | In section 2(9) the words “this Act or”. |
Section 5. | ||
Sections 33 to 35. | ||
In section 36, in subsection (1) the words from “under this Act” to “making of grants”, and in subsection (8) the words from “and subsections (2)” onwards. | ||
1968 c. 46. | The Health Services and Public Health Act 1968. | In section 12(5) the words “with the approval of the Minister”. |
In section 13(2), the words “with the approval of the Minister”. | ||
1968 c. 73. | The Transport Act 1968. | In section 10(1)(xvi) the words “and the consent of the Minister”. |
In section 11, subsections (4) and (5). | ||
In section 12(4) the words “with the consent of the Minister”. | ||
In section 13, subsections (4) and (7). | ||
In section 15, in subsection (4) the words from “to the provisions” to the end of the subsection. | ||
In section 16, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5). | ||
In section 18, in each of subsections (1) and (2), the words “to the Minister and”. | ||
Section 21(5)(a). | ||
In section 34, subsections (2) and (3). | ||
In section 36, in subsection (2) the words “subject to subsection (3) of this section” and subsections (3) to (8). | ||
In section 37, in subsection (1) the words from “with the consent” to “Secretary of State”, and subsection (2). | ||
In section 138, subsections (6) to (8) and (9)(a). | ||
In Schedule 5, in Part III paragraph 14. | ||
In Schedule 14, in Part IV paragraph 10. | ||
1969 c. 10. | The Mines and Quarries (Tips) Act 1969. | In section 23(1), paragraph (c) except the final word “and”. |
1969 c. 33. | The Housing Act 1969. | Section 74. |
1969 c. 35. | The Transport (London) Act 1969. | In section 3, in subsection (1) the words from “but any expenditure” to the end of the subsection. |
In section 7, in subsection (5) and in subsection (6), in pargaraph (a) the final word “and” and paragraphs (b) and (c). | ||
In section 12, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5). | ||
In section 23(6), paragraph (b) and the word “and” immediately preceding it. | ||
In section 29(1)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. | ||
1969 c. 53. | The Late Night Refreshment Houses Act 1969. | In section 3, subsections (2) and (3). |
Section 12. | ||
1970 c. 21. | The New Forest Act 1970. | Section 4. |
1970 c. 32. | The Riding Establishment Act 1970. | In section 2(1), paragraph (i). |
1971 c. 41. | The Highways Act 1971. | In section 1(6)(a)(i) the words “for the purposes of advances under section 235 of the principal Act”. |
1971 c. 78. | The Town and Country Planning Act 1971. | In section 28(1) the word “either”, paragraph (b) and the word “or” immediately preceding it. |
In section 31, subsections (2) and (3). | ||
In section 46, in subsection (1) paragraph (b) and the word “and” immediately preceding it, and in subsection (3) the words from “and the notice” to the end of the subsection. | ||
In section 65(1) the words “then, given to any directions given by the Secretary of State”. | ||
In section 87(1) the words “any directions given by the Secretary of State and to”. | ||
In section 91(4), paragraph (c) except the final word “and”. | ||
1971 c. 78—cont. | The Town and Country Planning Act 1971—cont. | In section 96(1) the words “then, subject to any directions given by the Secretary of State”. |
In section 100(1) the words from “give directions” to “or may”. | ||
In section 117, in subsection (1) the words “an application for” and the words from “and the Secretary of State” to the end of the subsection, and in subsection (5) the words “an application for”, “the local authority’s application for” and “be refused or, as the case may be, that such a direction”. | ||
In section 124, subsections (3) and (4), in subsection (6) the words “with the consent of the Secretary of State” and in subsection (8) the words “approved by the Secretary of State”. | ||
In section 125, in subsection (1) the words from “and the Secretary of State” to the end of the subsection, subsection (2) and in subsection (3) the words from “ “preservation” in” to “and”. | ||
In section 164(1) the words from “(other than” to “Secretary of State)”. | ||
In section 212(1) the words “for the purposes of advances under section 235 of the Highways Act 1959”. | ||
In section 276, in subsection (1) the words from “give directions” to “or may” and in subsection (5) paragraph (b), in paragraph (c) the words from “or under” to “this Act” and the words from “give directions” to “or may”. | ||
Section 277(2). | ||
In Schedule 11, in paragraph 11(1) the words from “give directions” to “or may”. | ||
1971 c. lxx. | The Chichester Harbour Conservancy Act 1971. | Section 30(3). |
1972 c. 47. | The Housing Finance Act 1972. | In Schedule 9, paragraphs 7 and 8. |
1972 c. 70. | The Local Government Act 1970. | Section 203(5). |
In Schedule 24, paragraph 11, and in paragraph 12, in section 13 of the Transport Act 1968 as set out in that paragraph, subsection (2). | ||
1973 c. 28. | The Rate Rebate Act 1973. | The whole Act. |
1973 c. 37. | The Water Act 1973. | In Schedule 5, in paragraph 11(9) the words from “multiplied by” to “authority for that year”, in paragraph 11(13) the definition of “the conclusive calculation” and paragraph 13(2). |
1973 c. 60. | The Breeding of Dogs Act 1973. | Section 4. |
1974 c. 3. | The Slaughterhouses Act 1974. | In section 18, in subsection (1) the words “with the approval of the Minister” and subsections (3) to (5). |
In Schedule 3, paragraphs 3 and 6. |