C3C4C5C6C7C8C10C9C11C12C13 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
C231AC1F1 Consideration of adverse reports.
F31A
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 F4subsection (1A) above does not apply where the report recommends action to be taken by—
a
a joint committee established under F7 section 101 of the Local Government Act 1972,
F13aa
an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,
and the report is considered by that committee F14, 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
F8 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.
F65A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L