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Status:

Point in time view as at 01/11/2014.

Changes to legislation:

Local Government Act 1974, Part III is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IIIE+W Local Government Administration

Modifications etc. (not altering text)

C1Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2Power 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)

C3Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5Pt. 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

23 The Commissions for Local Administration.E+W

(1)For the purpose of conducting investigations in accordance with this Part [F1and Part 3A] of this Act, there shall be—

(a)a body of commissioners to be known as the Commission for Local Administration in England, and

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3but [F4the Commission] may include persons appointed to act as advisers, not exceeding the number appointed to conduct investigations.]

(2)The Parliamentary Commissioner shall be a member of [F5the Commission] .

F6(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the following provisions of this Part of this Act the expression “Local Commissioner” means a person, other than the Parliamentary Commissioner F7...[F8or an advisory member], who is a member of [F9the Commission] .

F10(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Appointments to the office of . . . F11Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State F12....

[F13(4A)Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.]

[F14(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.]

[F14(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)A . . . F15Commissioner may be relieved of office by Her Majesty at his own request or may be removed from office by Her Majesty on grounds of incapacity or misbehaviourF16....

[F17(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 F18....

F19(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(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.]

F19(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)[F20The Commission] —

(a)shall make arrangements for Local Commissioners [F21 to deal with matters for which they do not have responsibility pursuant to subsection (8A) ] F22..., and

(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 [F23(other than those under Part 3A of this Act)] and shall submit it to [F24the Commission] .

Any such report shall be submitted F25... not later than two months after the end of the year to which it relates.

(12)[F26In the financial year beginning on 1st April 1990, and in every third financial year afterwards, [F27the 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 [F28 matters ] , and shall have power to convey to authorities to which this Part of this Act applies] . . . F29, or to government departments F30..., any recommendations or conclusions reached in the course of their reviews [F31and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned].

[F32(12A)[F33The 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 F34... 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 [F35the Commission] .

Textual Amendments

F1Words in s. 23(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 5(2); S.I. 2010/1863, art. 2

F13S. 23(4A) inserted (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(3), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

F14S. 23(5)-(5B) substituted for s. 23(5) (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(4), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

F17S. 23(6A) inserted (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(6), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

F19S. 23(8A) substituted for substituted for s. 23(8)(9) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 169(2), 245(5); S.I. 2008/917, art. 2(1)(g)

F23Words in s. 23(11) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 5(3); S.I. 2010/1863, art. 2

Modifications etc. (not altering text)

C13S. 23(12)(12A)(12B)(13) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

[F3623A Annual reports for representatives etc.E+W

(1)For the financial year ending in 1990 and for each subsequent financial year, [F37the Commission] shall prepare a general report on the discharge of their functions [F38(other than those under Part 3A of this Act)] [F39 (an “annual report”) ] and shall submit it—

(a)to such persons as appear to the Commission to represent authorities F40... 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)[F41 The annual report ] shall be submitted as soon as may be after the Commission have received the reports for the year from Local Commissioners under section 23(11) above, and [F42the Commission] shall submit copies of those reports, together with [F43 their annual report ] .

(3)[F44The Commission] shall arrange for the publication of [F45 the annual report ] and of the reports of which copies are submitted by them under subsection (2) above.

[F46(3A)The Commission must lay a copy of the annual report before Parliament.]

F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(5)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Words in s. 23A(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 6; S.I. 2010/1863, art. 2

F39Words in s. 23A(1) inserted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(2), 245(5); S.I. 2008/917, art. 2(1)(h)

F41Words in s. 23A(2) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(3)(a), 245(5); S.I. 2008/917, art. 2(1)(h)

F43Words in s. 23A(2) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(3)(b), 245(5); S.I. 2008/917, art. 2(1)(h)

F45Words in s. 23A(3) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(4), 245(5); S.I. 2008/917, art. 2(1)(h)

F46S. 23A(3A) inserted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(5), 245(5); S.I. 2008/917, art. 2(1)(h)

Modifications etc. (not altering text)

C14S. 23A extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W

Textual Amendments

[F5124APower to investigateE+W

(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.]

Textual Amendments

F51S. 24A inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 171, 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

25 Authorities subject to investigation.E+W

(1)This Part of this Act applies to [F52the following authorities]—

(a)any local authority,

[F53(aaa)the Greater London Authority;]

(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54(ab)a National Park authority [F55for a National Park in England];]

(b)any joint board the constituent authorities of which are all local authorities,

[F56(ba)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)any development corporation established for the purposes of a new town,

F58(bbb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bd)any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 [F59for an urban development area in England],]

[F60(bda)a Mayoral development corporation,]

[F61(be)any housing action trust established under Part III of the Housing Act 1988 [F62for a designated area in England]]

[F63(bf)the [F64Homes and Communities] Agency;]

[F65(bg)a fire and rescue authority [F66in 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;]

[F67(c)any joint authority established by Part IV of the Local Government Act 1985;

[F68(cza)the London Fire and Emergency Planning Authority;]

[F69(ca)any police and crime commissioner;]

[F69(caa)the Mayor's Office for Policing and Crime;]

F70(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] F71. . .

[F72(cc)Transport for London; [F73and]]

[F74(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);]

[F75(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;]

[F76(d)in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and [F77any Regional Flood and Coastal Committee] [F78for an area wholly or partly in England] ;] [F79;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

[F80(b)to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),]

F80(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection. ]

[F81(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.]

[F82(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;

F83(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F85(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F86(5)Any reference to an authority to which this Part of this Act applies also includes a reference to—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F89(c)an admission appeal panel constituted [F90by the authority] in accordance with regulations under section 94(5) or 95(3) of [F91the School Standards and Framework Act 1998] ,]

(d)the governing body of any community, foundation or voluntary school [F92 maintained by the authority] so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.][F93and

(e)an exclusion [F94review] panel constituted [F95 by the authority ] in accordance with regulations under [F96section 51A] of the Education Act 2002.]

[F97(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.]

Textual Amendments

F53S. 25(1)(aaa) inserted (8.5.2000) by 1999 c. 29, s. 74(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(b), Sch. Pt. 2

F60S. 25(1)(bda) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 4

F63S. 25(1)(bf) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(1); S.I. 1993/2762, art. 3.

F65S. 25(1)(bg) substituted (1.10.2004 except in relation to W., 10.11.2004 in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 42; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F67S. 25(1)(c)(ca)(cb) substituted for s. 25(1)(c) by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(a)

F68S. 25(1)(cza) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(3),(with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F71Word in s. 25(1)(cb) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. IX (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F72S. 25(1)(CC) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F73Word “and”preceding para. (d) in s. 25(1) repealed (3.7.2000) by 1999 c. 29, ss. 247(7), 423, Sch. 18 para. 16(1)(2)(a), Sch. 34 Pt. IV (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F76S. 25(1)(d) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 18 (with ss. 7(6), 115, 117, Sch. 23 para. 12); S.I. 1996/186, art. 3

F77Words in s. 25(1)(d) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 2

F79S. 25(1)(e) and word “and”immediately preceding it inserted (3.7.2000) by 1999 c. 29, s. 247(7), Sch. 18 para. 16(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F80S. 25(4)(b) and words substituted for s. 25(4)(b)(c) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F81S. 25(4ZA) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F82S. 25(4A) inserted (8.5.2000) by 1999 c. 29, s. 74(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(b), Sch. Pt. 2

F88S. 25(5)(b) repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. IV

F89S. 25(5)(c) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 2(a) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2005/1395, art. 4, 5(3)(4), Sch.

F90Words in s. 25(5)(c) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(6)(a), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F92Words in s. 25(5)(d) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(6)(b), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F93S. 25(5)(e) and word inserted (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 2(b) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. IV

F94Word in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(a); S.I. 2012/1087, art. 3 (with art. 4)

F95Words in s. 25(5)(e) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(6)(c), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F96Words in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(b); S.I. 2012/1087, art. 3 (with art. 4)

F97S. 25(6)-(8) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(7), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

Modifications etc. (not altering text)

C16S. 25(1)(c) extended by S.I. 1987/2110, art. 2(2), Sch. 2 para. 8(h)

26 Matters subject to investigation. E+W

[F98(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.

[F99(d)an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under section 7A of the National Health Service Act 2006;

(e)an alleged or apparent failure to provide a service in pursuance of such arrangements.]]

[F98(1A)Subsection (1) is subject to the following provisions of this section.]

F100(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before proceeding to investigate [F101a matter], a Local Commissioner shall satisfy himself that

[F102(a)[F103the matter has] been brought, by or on behalf of [F104the person affected], to the notice of the authority to which [F105it relates] and that that authority has been afforded a reasonable opportunity [F106to investigate the matter and to respond]; or

(b)in the particular circumstances, it is not reasonable to expect [F107the matter to be] brought to the notice of that authority or for that authority to be afforded a reasonable opportunity [F108to investigate the matter and to respond].]

(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 [F109person affected] has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;

(b)any action in respect of which the [F109person affected] has or had a right of appeal to a Minister of the Crown F110...; or

(c)any action in respect of which the [F109person 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 [F109person affected] to resort or have resorted to it.

[F111(6A)A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of [F112any 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 [F113following area—

[F114(aa)where the [F115matter] relates to a National Park authority, the area of the Park for which it is such an authority;]

F116(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F118(ba)where the [F119matter] relates to the [F120Homes and Communities] Agency, any designated area within the meaning of [F121Part 1 of the Housing and Regeneration Act 2008];]

(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 [F122add 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.

F123(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(11)In this section—

(a)references to a [F125 person affected ] include references to his personal representatives; and

F126(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F127(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F128(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98S. 26(1)(1A) substituted for s. 26(1) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F117S. 26(7)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F118S. 26(7)(ba) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(2); S.I. 1993/2762, art. 3.

Modifications etc. (not altering text)

C17s. 26 modified by S.I. 1991/559, art. 2(3)(5)

C18S. 26 modified by S.I. 1986/452, art. 8(3)(5)

C19S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k)

C20S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k)

[F12926AWho can complainE+W

(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.

Textual Amendments

F129Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

26BProcedure for making complaintsE+W

(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.

Textual Amendments

F129Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

26CReferral of complaints by authoritiesE+W

(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.

[F130(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.]

[F131(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.]

[F132(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.]

Textual Amendments

F129Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

26DMatters coming to attention of Local CommissionerE+W

(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 [F133or Part 3A] 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.]

Textual Amendments

F129Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F133Words in s. 26D(1)(a) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 7; S.I. 2010/1863, art. 2

27[F134 Members of the public .] E+W

(1)[F135 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 [F136(including [F137the 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;

(b)any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department [F138or by the [F139Welsh Ministers]] , or whose revenues consist wholly or mainly of moneys provided by Parliament [F138or the [F139Welsh Ministers]] .

F140(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134S. 27 title substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(2)(a), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F135Words in s. 27(1) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(2)(b), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F136Words in s. 27(1)(a) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(a)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F137Words in s. 27(1)(a) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 10(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

F138Words in s. 27(1)(b) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F139Words in s. 27(1)(b) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 10(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

Modifications etc. (not altering text)

C21S. 27: s. 26-34 modified by S.I. 1991/559, art. 2(3)

C22Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

28 Procedure in respect of investigations. E+W

(1)Where a Local Commissioner proposes to [F141 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 [F142 (if any), or who otherwise appears to the Local Commissioner, ] to have taken or authorised [F143 the action which would be the subject of the investigation ] , an opportunity to comment on [F144 the matter ] .

(2)Every [F145 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 [F146 (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,

F147...

(4)The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned [F148 or any other person ] , or any power or duty of [F149 the authority concerned or any other person ] to take further action with respect to any matters subject to the investigation.

Textual Amendments

Modifications etc. (not altering text)

C23S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C24Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C25S. 28 power to apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 70(2), 108(4)-(6); S.I. 2000/2948, art. 2

29 Investigations: further provisions. E+W

(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 F150..., 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.

[F151(5)Nothing in subsection (1) or subsection (3) above affects the restriction imposed by section [F15234X] 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 F153....

[F154(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 [F155Part of 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, [F156 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.

Textual Amendments

F155Words in s. 29(6A) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 8(3); S.I. 2010/1863, art. 2

Modifications etc. (not altering text)

C26S. 29: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C27Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C28S. 29 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

30 Reports on investigations. E+W

[F157(1)If a Local Commissioner completes an investigation of a matter [F158under this Part of this Act], 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)).]

[F157(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 [F159 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.

[F160(2AA)If the authority concerned is the Greater London Authority—

(a)[F161 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.]

[F162(2AB)Where an authority are operating executive arrangements which involve a mayor and cabinet executive F163..., subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.]

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F164(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, F165...—

(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 [F166 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.

[F167(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.]

F168(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F169(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 [F170two 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 [F171copies of the report will be available as provided by subsections (4) and (4A)] above, and shall specify the date, being a date [F172not 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 [F173level 3 on the standard scale].

(7)The Local Commissioner may, if he thinks fit after taking into account the public interest as well as [F174 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) [F175, (4A) and (5) above].

[F176(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.]

Textual Amendments

F157S. 30(1)-(1D) substituted for s. 30(1) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F158Words in s. 30(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 9; S.I. 2010/1863, art. 2

F159Words in s. 30(2) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F160S. 30(2AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

F161Words in s. 30(2AA)(a) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F162S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1)

F164S. 30(2B) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(5), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F166Words in s. 30(3) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(6), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F167S. 30(3AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

F174Words in s. 30(7) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(7), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

Modifications etc. (not altering text)

C29S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C30Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C31S. 30(3A) disapplied by SI 2001/2289 art.4 (as inserted (1.9.2004) by The Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004 (S.I. 2004/1510), arts. 1(1), 3)

31 Reports on investigations: further provisions. E+W

[F177[F178(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.

[F179(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.]

[F179(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.]

[F180(3)In any case where—

(a)a report is laid before an authority under subsection [F181(2) or (2C)] above, and

(b)on consideration of the report, it appears to the authority that a payment should be made to, or some other benefit should be provided for, a person who has suffered injustice in consequence of [F182 the maladministration or failure ] [F183to which the report relates],

the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.]

F184[(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.]

Textual Amendments

F177S. 31(1) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 176(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F178S. 31 subsections (1)–(2H) substituted for subsections (1)(2) by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 26(1)(2)

F179S. 31(2B)(2BA) substituted for s. 31(2B) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 176(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F182Words in s. 31(3)(b) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 176(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F184S. 31(4) added (8.5.2000) by 1999 c. 29, s. 74(1)(7), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Modifications etc. (not altering text)

C33S. 31: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C34Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[F18531A Consideration of adverse reports. E+W

[F186(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).]

(3)The restriction imposed by [F187subsection (1A)] above does not apply where the report recommends action to be taken by—

(a)a joint committee established under [F188 section 101 of the Local Government Act 1972, ]

[F189(aa)an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,]

[F190(b)[F191a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or]]

[F190(c)an admission appeal panel or [F192exclusion review panel] mentioned in section 25(5)(c) or (e),

and the report is considered by that committee [F193, authority] 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)[F194 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.

F195(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F197(7)F198... any functions exercisable under this section by or in relation to [F199 the Greater London Authority] shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to [F200an authority ] shall be construed accordingly.]

Textual Amendments

F191S. 31A(3)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12), S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F192Words in s. 31A(3)(c) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 3; S.I. 2012/1087, art. 3 (with art. 4)

Modifications etc. (not altering text)

C35S. 31A: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C36Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[F20131BPublication of reports etc by CommissionersE+W

(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.]

Textual Amendments

32 Law of defamation, and disclosure of information. E+W

(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)the publication of any matter in communications between a member [F202or officer] of an authority and a Local Commissioner, or [F203 any person discharging or assisting in the discharge of a function of a Local Commissioner ] , for the purposes of this Part of this Act;

(b)the publication of any matter by a Local Commissioner or by [F204 any person discharging or assisting in the discharge of a function of a Local Commissioner ] , in communicating with a complainant [F205 , or with the person affected in relation to a matter, ] for the purposes of this Part of this Act;

[F206(ba)the publication of any matter by a Local Commissioner or by [F207 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 [F208or 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 [F209 section 23A ] above.

[F210(e)the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.]

[F211(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 [F212 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 [F213 report, statement or summary under section 30, 31 or 31B ] above; or

[F214(aza)for the purposes of an investigation under Part 3A of this Act and of any statement, adverse findings notice or summary under section 34H, 34I or 34J in relation to such an investigation; or]

[F215(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 [F216 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 [F217 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 [F218 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 [F219 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.

[F220(3A)A notice under subsection (3) above may not be given electronically.]

[F221(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 F222..., and which has not been made public, a Local Commissioner shall not without the written consent of an officer of the government department F223... make a report which includes all or any of that information unless he has given the department F224... 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.

[F225(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.]

Textual Amendments

F225S. 32(7) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 3 (with ss. 56, 78)

Modifications etc. (not altering text)

C37S. 32: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C38Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

C39S. 32 applied (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C40S. 32(2) modified (28.7.2001) by S.I. 2001/2286, art. 4, Sch. 3

C41S. 32(2) excluded (19.12.2000 with application in relation to England and to police authorities in Wales and 28.7.2001 otherwise) by 2000 c. 22, ss. 67(4), 108(4)-(6); S.I. 2000/3335, art. 2

F22632A.Use of information by Local Commissioner in other capacityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

33 Consultation between Local Commissioner, [F227the Parliamentary Commissioner and the Health Service Commissioners] [F227and other Commissioners and Ombudsmen].W

(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 [F228 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,

F229(aza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F230(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231...

(b)by the Health Service Commissioner for England F232..., in accordance with [F233the Act of 1993,]

[F234or

[F235(bza)by a housing ombudsman under the Housing Act 1996,]

[F236(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 [F237or F238... Ombudsman] [F239 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 , F240... [F241the Act of 1993 [F242, 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, [F243 a housing ombudsman, ] [F244the Public Services Ombudsman for Wales] [F245, the Scottish Public Services Ombudsman] or [F246the Health Service Commissioner for England] in relation to [F247 a matter under investigation under this Part of this Act ] , he may consult that Commissioner [F248or [F249that Ombudsman]] about [F250 anything relating to the matter ] , including—

(a)the conduct of any investigation into the [F251 matter ] , and

(b)the form, content and publication of any report of the results of such an investigation.

[F252(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 F253. . . of the steps necessary to initiate a complaint under this Part of this Act.

[F254(3A)If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.]

(4)Where, by virtue of subsection (3) [F255 or (3A) ] above, a Local Commissioner is consulted about a complaint under the Act of 1967 [F256 or under the Housing Act 1996 ] F257. . ., 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, F258... in [F259section 15 of the Act of 1993], [F260in] [F261section [F26234X] of the Public Services Ombudsman (Wales) Act 2005] [F263, 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 [F264. . .] in the course of consultations held in accordance with this section.

(6)In this section the “Act of 1967” means the M1Parliamentary Commissioner Act 1967 and [F265the “Act of 1993” means the Health Service Commissioners Act 1993.] [F266and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002]

Textual Amendments

F227Words in s. 33 sidenote substituted (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 7(2); S.I. 2005/1814, arts. 1(2), 2(f)(ii)

F233Words in s. 33(1) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(2).

F235S. 33(1)(bza) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(a), 240(2); S.I. 2013/722, art. 2(d)

F237S. 33(1)(aa) and words in s. 33(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F243Words in s. 33(2) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(b), 240(2); S.I. 2013/722, art. 2(d)

F248Words in s. 33(2) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(3)(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F252Words in s. 33(3) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(3)(a).

F253Words in s. 33(3) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(3)(b), Sch. 3.

F254S. 33(3A) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(c), 240(2); S.I. 2013/722, art. 2(d)

F255Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(d), 240(2); S.I. 2013/722, art. 2(d)

F256Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(e), 240(2); S.I. 2013/722, art. 2(d)

F257Words in s. 33(4) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(4), Sch. 3.

F259Words in s. 33(5) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(5).

F260Words in s. 33(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(4)(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F264Words in s. 33(5) repealed (1.4.1999) by 1998 c. 38, s. 125, 152, Sch. 12 para. 17(4)(b), Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F265Words in s. 33(6) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(6).

Modifications etc. (not altering text)

C43S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

Marginal Citations

[F26733ZACollaborative working between Local Commissioners and other CommissionersW

(1)If at any stage in the course of conducting an investigation under this [F268Part of this] Act a Local Commissioner forms the opinion that [F269the 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)[F270both] [F270a housing ombudsman],

he may, subject to subsection (2) below, conduct an investigation under this [F268Part of this] Act [F271jointly with that Commissioner or those Commissioners.] [F271jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen.]

[F272(1A)In subsection (1) “also-involved ombudsman” means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner’s investigation.]

(2)A Local Commissioner must obtain the consent of [F273 the person affected] or [F274 the complainant (if any)] before agreeing to a joint investigation referred to in subsection (1) above.

(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)[F275both] [F275a housing ombudsman],

relates partly to a matter within his jurisdiction [F276by virtue of this Part], he may conduct an investigation under this [F277Part of this] Act [F278jointly with that Commissioner or those Commissioners.] [F278jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons.]

(4)If a Local Commissioner conducts an investigation F279... 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 [F280Part of 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.]

Textual Amendments

F268Words in s. 33ZA(1) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(2); S.I. 2010/1863, art. 2

F269Words in s. 33ZA(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(2)

F270Words in s. 33ZA(1)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(b), 240(2); S.I. 2013/722, art. 2(d)

F271Words in s. 33ZA(1) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(a), 240(2); S.I. 2013/722, art. 2(d)

F272S. 33ZA(1A) inserted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(5), 240(2); S.I. 2013/722, art. 2(d)

F273Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(3)(a)

F274Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(3)(b)

F275Words in s. 33ZA(3)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(b), 240(2); S.I. 2013/722, art. 2(d)

F276Words in s. 33ZA(3) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(3)(a); S.I. 2010/1863, art. 2

F277Words in s. 33ZA(3) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(3)(b); S.I. 2010/1863, art. 2

F278Words in s. 33ZA(3) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(a), 240(2); S.I. 2013/722, art. 2(d)

F279Words in s. 33ZA(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(4) Sch. 18 Pt. 14

F280Words in s. 33ZA(4) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(4); S.I. 2010/1863, art. 2

[F28133ZBArrangements for provision of administrative and other servicesE+W

(1)Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.

(2)For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—

(a)the Commission is the party, or one of the parties, by whom the services are to be provided;

(b)the Commission is the party, or one of the parties, to whom the services are to be provided.

(3)The arrangements that may be entered into under subsection (1) include arrangements for—

(a)the Commission, or

(b)the Commission jointly with any one or more of the parties,

to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.

(4)The persons within this subsection are—

(a)the Commission,

(b)the Parliamentary Commissioner,

(c)the Health Service Commissioner for England, and

(d)the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).]

Textual Amendments

[F28233A Disclosure of information by Local Commissioner to Information Commissioner.E+W

(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.]

Textual Amendments

F282S. 33A inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 4 (with ss. 56, 78)

34 Interpretation of Part III. E+W

(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,

  • [F283“the Commission” means the Commission for Local Administration in England,]

  • [F284“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

  • [F285“housing ombudsman” means a housing ombudsman under a scheme approved under Schedule 2 to the Housing Act 1996,]

  • “local authority” means a county council [F286in England] , . . . F287 a district council, [F288the Broads Authority] F289..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,

  • [F290“mayor and cabinet executive” [F291has] the same meaning as in Part II of the Local Government Act 2000;]

  • “member”,

    (a)

    F292[F293in relation to the Greater London Authority, means—

    (i)

    the Mayor of London,

    (ii)

    the Deputy Mayor, or

    (iii)

    a member of the London Assembly;]

    (b)

    F294...

    (c)

    F294...

  • F295...

  • [F295" 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,

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F296

  • “tribunal” includes the person constituting a tribunal consisting of one person.

[F297(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 M2Local 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.

Textual Amendments

F284S. 34(1): definition of

“executive”

and

“executive arrangements”

inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(2) and definition of “executive”and “executive arrangements”inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(2)

F290S. 34(1): definition of “mayor and cabinet executive”and “mayor and council manager executive”inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(2)

F292S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F293Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

Modifications etc. (not altering text)

C44S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C45Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

Marginal Citations

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