C4C5C6C7C8C9C11C10C12C13C14 Part III Local Government Administration
Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)
Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).
Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2
Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2
Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2
Pt. III extended (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 24
Pt. III extended (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 24
Pt. 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)
Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f)
Pt. 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
C2C328 Procedure in respect of investigations. C1
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 F10—
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 F6 (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,
F7...
4
F115
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.
Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L