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
C6Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2
C7Pt. 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
C8Pt. 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
C9Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4)
C10Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f)
C11Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
(1)Where a Local Commissioner proposes to [F1 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 [F2 (if any), or who otherwise appears to the Local Commissioner, ] to have taken or authorised [F3 the action which would be the subject of the investigation ] , an opportunity to comment on [F4 the matter ] .
(2)Every [F5 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 [F6—
(a)the Local Commissioner may, as well as adopting different procedure for different cases, adopt different procedure for cases of different descriptions; and
(b)] 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 [F7 (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,
F8...
(4)The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned [F9 or any other person ] , or any power or duty of [F10 the authority concerned or any other person ] to take further action with respect to any matters subject to the investigation.
[F11(5)The differential procedure authorised by subsection (2)(a) includes (in particular) procedure for cases of a particular description that is expected to be faster than that for at least some other cases.]
Textual Amendments
F1Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F2Words in s. 28(1) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F3Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F4Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(d); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F5Words in s. 28(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F6Words in s. 28(2) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(2), 4(2)
F7Words in s. 28(3) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(4)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F8Words in s. 28(3) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(4)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F9Words in s. 28(4) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(5)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F10Words in s. 28(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(5)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F11S. 28(5) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(3), 4(2)
Modifications etc. (not altering text)
C12S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
C13Ss. 27–30 modified by S.I. 1986/452, art. 8(3)
C14S. 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