Local Government Act 1974

33 Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners. E+W

(1) If, at any stage in the course of conducting an investigation under this Part of this Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation—

(a) by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967, or

(b) by the Health Service Commissioner for England or the Health Service Commissioner for Wales, in accordance with [F1 sections 109, 110, 113, 115 and 116 of the M1 National Health Service Act 1977],

he shall consult with the appropriate Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Act of 1967 or under [F1 Part V of the Act of 1977], as the case may be.

(2) Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner or one of the Health Service Commissioners in relation to a complaint under this Part of this Act, he may consult that Commissioner about any matter relating to the complaint, including—

(a) the conduct of any investigation into the complaint, and

(b) the form, content and publication of any report of the results of such an investigation.

(3) If, at any stage in the course of conducting an investigation under—

(a) the Act of 1967, or

(b) [F2 Part V of the Act of 1977],

the Commissioner conducting the investigation forms the opinion that the complaint relates partly to a matter which could be the subject of investigation under this Part of this Act, he shall consult with the appropriate Local Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint under the Act of 1967 or [F2 Part V of the Act of 1977], as the case may be, of the steps necessary to initiate a complaint under this Part of this Act.

(4) Where, by virtue of subsection (3) above, a Local Commissioner is consulted about a complaint under the Act of 1967 or [F3 Part V of the Act of 1977], subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.

(5) Nothing in section 11(2) of the Act of 1967, in [F4 paragraph 16 of Schedule 13 to the Act of 1977], or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information by any of the Commissioners mentioned in this section, or by any of their officers, in the course of consultations held in accordance with this section.

(6) In this section the “Act of 1967” means the M2 Parliamentary Commissioner Act 1967 and [F5 the “Act of 1977” means the M3 National Health Service Act 1977].

Textual Amendments

F1 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 61(a)

F2 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 61(b)

F3 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 61(c)

F4 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 61(d)

F5 Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 61(e)

Modifications etc. (not altering text)

C1 S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C2 Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

Marginal Citations

M1 1977 c. 49.

M2 1967 c. 13.

M3 1977 c. 49.