- Latest available (Revised)
- Point in Time (01/04/1999)
- Original (As enacted)
Version Superseded: 30/01/2001
Point in time view as at 01/04/1999. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Local Government Act 1974, Section 32 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
(a)the publication of any matter in communications between a member [F1or officer] of an authority and a Local Commissioner, or any officer of either Commission, for the purposes of this Part of this Act;
(b)the publication of any matter by a Local Commissioner or by any officer of either Commission, in communicating with a complainant for the purposes of this Part of this Act;
(c)the publication of any matter in preparing, making and sending a report or statement in accordance with section 30 or section 31 above, or, subject to section 30(7) above, in making a report available to the public [F2or in supplying a copy under section 30(4A) above];
(d)the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 24 above.
[F3(e)the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.]
(2)Information obtained by a Local Commissioner, or any officer of either Commission, in the course of or for the purposes of an investigation under this Part of this Act shall not be disclosed except—
(a)for the purposes of the investigation and of any report to be made under section 30 or section 31 above; or
(b)for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by a Local Commissioner or by an officer of either Commission or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or
(c)for the purpose of any proceedings under section 29(9) above,
and a Local Commissioner and the officers of his Commission shall not be called upon to give evidence in any proceedings (other than proceedings within paragraph (b) or (c) above) of matters coming to his or their knowledge in the course of an investigation under this Part of this Act.
(3)A Minister of the Crown or any of the authorities mentioned in section 25(1) above may give notice in writing to a Local Commissioner with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister, or as the case may be of the authority, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest; and where such a notice is given nothing in this Part of this Act shall be construed as authorising or requiring [F4the Local Commissioner or any member of the staff of a Commission who is allocated to assist him] to communicate to any other person, or for any purpose, any document or information specified in the notice, or any document or information of a class so specified:
Provided that a notice given under this subsection by any authority may be discharged by the Secretary of State.
(4)Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 29 above.
(5)Where information is disclosed in accordance with section 29(3) above, being information which is derived from a communication from a government department [F5or the National Assembly for Wales], and which has not been made public, a Local Commissioner shall not without the written consent of an officer of the government department [F6or a member of the Assembly’s staff] make a report which includes all or any of that information unless he has given the department [F7or the Assembly] not less than one month’s notice in writing of his intention.
(6)The provisions of this section shall apply to the Commissioners of Customs and Excise and Commissioners of Inland Revenue as they apply to a Minister of the Crown.
Textual Amendments
F1Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(2)(4)
F2Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(3)(4)
F3S. 32(1)(e) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 40
F4Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 184(1)
F5Words in s. 32(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 16(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F6Words in s. 32(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 16(b) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F7Words in s. 32(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 16(c) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
Modifications etc. (not altering text)
C1S. 32: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
C2Ss. 31–34 modified by S.I. 1986/452, art. 8(3)
C3S. 32 applied (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I
C4S. 32(2) excluded (19.12.2000 with application in relation to England and to police authorities in Wales otherwise 28.7.2001) by 2000 c. 22, ss. 67(4), 108(4)-(6); S.I. 2000/3335, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: