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Local Government Act 1974

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Changes over time for: Section 33

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Version Superseded: 05/02/1994

Status:

Point in time view as at 01/04/1991. This version of this provision has been superseded. Help about Status

Changes to legislation:

Local Government Act 1974, Section 33 is up to date with all changes known to be in force on or before 14 November 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. Help about Changes to Legislation

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 [F1sections 109, 110, 113, 115 and 116 of the M1National 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 [F1Part 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)[F2Part 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 [F2Part 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 [F3Part 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 [F4paragraph 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 M2Parliamentary Commissioner Act 1967 and [F5the “Act of 1977” means the M3National Health Service Act 1977].

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