Local Government Act 1974

30 Reports on investigations. E+W

(1) In any case where a Local Commissioner conducts an investigation, or decides not to conduct an investigation, he shall send a report of the results of the investigation, or as the case may be a statement of his reasons for not conducting an investigation—

(a) to the person, if any, who referred the complaint to the Local Commissioner in accordance with section 26(2) above, and

(b) to the complainant, and

(c) to the authority concerned, and to any other authority or person who is alleged in the complaint to have taken or authorised the action complained of.

(2) Where the complaint 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.

F1 [(2AA) If the authority concerned is the Greater London Authority—

(a) the duty imposed by subsection (1)(c) above 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.]

[F2 (2AB) Where an authority are operating executive arrangements which involve a mayor and cabinet executive F3 ..., subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.]

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

(3) Apart from identifying the authority or authorities concerned, the report shall not, except where subsection (3A) below applies,—

(a) mention the name of any person, or

(b) contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Local Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.

F4 [(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.]

(3A) Where the Local Commissioner is of the opinion—

(a) that action constituting maladministration was taken which involved a member of the authority concerned, and

(b) that the member’s conduct constituted a breach of the National Code of Local Government Conduct,

then, unless the Local Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.

(4) Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from, the report when so made available.

[F5 (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 [F6 two 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 [F7 copies of the report will be available as provided by subsections (4) and (4A)] above, and shall specify the date, being a date [F8 not 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 [F9 level 3 on the standard scale].

(7) The Local Commissioner may, if he thinks fit after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, direct that a report specified in the direction shall not be subject to the provisions of subsections (4) [F10 , (4A) and (5) above].

F11 [(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

F1 S. 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)

F2 S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1)

F3 Words in s. 30(2AB) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 14(2), Sch. 18 Pt. 3

F4 S. 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)

F5 S. 30(4A) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(2)(5)

F6 Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(a)(5)

F7 Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(b)(5)

F8 Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(c)(5)

F9 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F10 Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(4)(5)

F11 S. 30(8) added (8.5.2000) by 1999 c. 29, s. 74(1)(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

Modifications etc. (not altering text)

C1 S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C2 Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C3 S. 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)

C4 S. 30(3A) disapplied (3.5.2007) by The Local Authorities (Model Code of Conduct) Order 2007 (S.I. 2007/1159), arts. 1(1), 3(b) (with art. 1(2))