C33C34C35C36C37C38C40C39 Part III Local Government Administration
Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)
Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).
Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2
Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2
Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2
Pt. III extended (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 24
Pt. III extended (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 24
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
F136b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The Parliamentary Commissioner shall be a member of F145the Commission .
F942A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F1343A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1624A
Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.
F1635
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.
F1635A
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
F1646A
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 F146....
F1658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1658A
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.
F1659
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F137The 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 F139the Commission .
Any such report shall be submitted F140... not later than two months after the end of the year to which it relates.
C1C212
F5In the financial year beginning on 1st April 1990, and in every third financial year afterwards, F141the 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 F167 matters , and shall have power to convey to authorities to which this Part of this Act applies . . . F6, or to government departments F142..., any recommendations or conclusions reached in the course of their reviews F7and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned.
C2F812A
F143The 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.
C212B
The representative persons and authorities concerned are—
a
for the purposes of subsection (12) above, such persons appearing to the Commission to represent authorities F147... 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.
C213
Schedule 4 to this Act shall have effect as respectss F144the Commission .
C323AF9 Annual reports for representatives etc.
1
For the financial year ending in 1990 and for each subsequent financial year, F105the Commission shall prepare a general report on the discharge of their functions F171 (an “annual report”) and shall submit it—
a
to such persons as appear to the Commission to represent authorities F106... 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
F1703A
The Commission must lay a copy of the annual report before Parliament.
F1754
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1765
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1096
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
24AF159Power 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 F11the following authorities—
a
any local authority,
F12aaa
the Greater London Authority;
aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any joint board the constituent authorities of which are all local authorities,
F14ba
the Commission for the New Towns,
bb
any development corporation established for the purposes of a new town,
F15bbb
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 F111for an urban development area in England ,
F16be
any housing action trust established under Part III of the Housing Act 1988F112for a designated area in England
F17bf
the Urban Regeneration Agency;
F18F96bg
a fire and rescue authority F110in 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;
F20cza
the London Fire and Emergency Planning Authority;
F21ca
F25caa
the Service Authority for the National Crime Squad;
F186cd
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);
F30d
in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any regional flood defence committee F114for an area wholly or partly in England ;
F31;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
F184b
to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),
F184c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F184and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.
F1804ZA
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.
F324A
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;
F177b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F178c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179F334B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F345
Any reference to an authority to which this Part of this Act applies also includes a reference to—
F151a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98c
d
e
an exclusion appeal panel constituted F183 by the authority in accordance with regulations under section 52 of the Education Act 2002.
F1816
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.
C6C726 Matters subject to investigation.
F1871
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.
F1871A
Subsection (1) is subject to the following provisions of this section.
F2052
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2053
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2054
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Before proceeding to investigate F190a matter, a Local Commissioner shall satisfy himself that
F153a
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 F188person 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 F188person 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 F188person affected to resort or have resorted to it.
F996A
A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of F189any 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 F36following area—
F37aa
where the F199matter relates to a National Park authority, the area of the Park for which it is such an authority;
a
F38b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39ba
where the F198matter relates to the Urban Regeneration Agency, any designated area within the meaning of Part III of the Leasehold Reform, Housing and Urban Development Act 1993;
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 F40add 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.
F20110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4111
In this section—
a
references to a F202 person affected include references to his personal representatives; and
F20412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26AF160Who 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.
F206d
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.
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.
C1127F208 Members of the public .C10
1
F209 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 F42(including F148the 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;
F2072
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C13C1428 Procedure in respect of investigations. C12
1
Where a Local Commissioner proposes to F210 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 F211 (if any), or who otherwise appears to the Local Commissioner, to have taken or authorised F212 the action which would be the subject of the investigation , an opportunity to comment on F213 the matter .
2
Every F214 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 F215 (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,
F216...
4
The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned F217 or any other person , or any power or duty of F218 the authority concerned or any other person to take further action with respect to any matters subject to the investigation.
C16C1729 Investigations: further provisions. C15
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 F101..., 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 M1Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers;
F102aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F265....
F1546A
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, F219 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.
C1930C18 Reports on investigations.
F2201
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)).
F2201A
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 F223 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.
F452AA
If the authority concerned is the Greater London Authority—
a
F224 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.
F462AB
Where an authority are operating executive arrangements which involve a mayor and cabinet executive F157..., subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.
2A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2212B
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 F222 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.
F473AA
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.
C41C423A
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.
F484A
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 F49two 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 F50copies of the report will be available as provided by subsections (4) and (4A) above, and shall specify the date, being a date F51not 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 F52level 3 on the standard scale.
7
The Local Commissioner may, if he thinks fit after taking into account the public interest as well as F225 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) F53, (4A) and (5) above.
F548
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.
C2131C20 Reports on investigations: further provisions.
F227F551
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.
F2262B
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.
F2262BA
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.
F563
In any case where—
a
a report is laid before an authority under subsection F57(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.
F594
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.
C2331AF60 Consideration of adverse reports. C22
F2291
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2291A
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).
F2292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F229F612A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The restriction imposed by F230 subsection (1A) above does not apply where the report recommends action to be taken by—
a
a joint committee established under F233 section 101 of the Local Government Act 1972,
F231b
a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or
F231c
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
F234 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.
F232F615A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2356
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F627
31BF161Publication 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.
C25C2632 Law of defamation, and disclosure of information. C24
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
F155ba
the publication of any matter by a Local Commissioner or by F249 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 F64or 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 F250 section 23A above.
F65e
the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.
F242f
the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.
C27C282
Information obtained by a Local Commissioner, or F245 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 F251 report, statement or summary under section 30, 31 or 31B above; or
F156aa
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or
C29b
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 F252 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 F246 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 F247 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 F248 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.
F2393A
A notice under subsection (3) above may not be given electronically.
F2403B
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 F116..., and which has not been made public, a Local Commissioner shall not without the written consent of an officer of the government department F117... make a report which includes all or any of that information unless he has given the department F118... 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.
F667
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.
F11932AUse of information by Local Commissioner in other capacity
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3033 Consultation between Local Commissioner, F97the Parliamentary Commissioner and the Health Service CommissionersF97and 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 F253 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,
F126aza
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86...
b
F123ba
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 F67or F88... OmbudsmanF254 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 , F132... F89the Act of 1993 F124, 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, F127the Public Services Ombudsman for WalesF90, the Scottish Public Services Ombudsman or F128the Health Service Commissioner for England in relation to F255 a matter under investigation under this Part of this Act , he may consult that Commissioner F69or F91that 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.
F703
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 F71. . . 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 F72. . ., 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, F129... in F73section 15 of the Act of 1993, F74inF130section 26 of the Public Services Ombudsman (Wales) Act 2005F92, 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 F75. . . in the course of consultations held in accordance with this section.
6
33ZAF152Collaborative 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 F261 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 F264... 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.
33AF77 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.
C3234 Interpretation of Part III. C31
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,
F120“the Commission” means the Commission for Local Administration in England,
F78“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
“local authority” means a county council F121in England , . . . F79 a district council, F80the Broads AuthorityF122..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,
F81“mayor and cabinet executive” F158has the same meaning as in Part II of the Local Government Act 2000;
“member”,
F260...
F260" 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;
- a
“Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84
“tribunal” includes the person constituting a tribunal consisting of one person.
F2581A
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 M3Local 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.
Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L