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

[F126CReferral 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.

[F2(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.]]

[F3(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.]

[F4(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

F1Ss. 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))