Local Government Act 1974

33 Consultation between Local Commissioner, [F1the Parliamentary Commissioner and the Health Service Commissioners] [F1and other Commissioners and Ombudsmen].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,

F2(aza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4...

(b)by the Health Service Commissioner for England F5..., in accordance with [F6the Act of 1993,]

[F7or

[F8(ba)by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;]

(c)by the Scottish Public Services Ombudsman in accordance with the Act of 2002,]

he shall consult with the appropriate Commissioner [F9or F10... Ombudsman] 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 , F11... [F12the Act of 1993 [F13, the Public Services Ombudsman (Wales) Act 2005] or under the Act of 2002] , as the case may be.

(2)Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, [F14the Public Services Ombudsman for Wales] [F15, the Scottish Public Services Ombudsman] or [F16the Health Service Commissioner for England] in relation to a complaint under this Part of this Act, he may consult that Commissioner [F17or [F18that Ombudsman]] 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.

[F19(3)If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner] 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 F20. . . 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 F21. . ., 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, F22... in [F23section 15 of the Act of 1993], [F24in] [F25section 26 of the Public Services Ombudsman (Wales) Act 2005] [F26, in section 19 of the Act of 2002] or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information [F27. . .] in the course of consultations held in accordance with this section.

(6)In this section the “Act of 1967” means the M1Parliamentary Commissioner Act 1967 and [F28the “Act of 1993” means the Health Service Commissioners Act 1993.] [F29and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002]

Textual Amendments

F1Words in s. 33 sidenote substituted (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 7(2); S.I. 2005/1814, arts. 1(2), 2(f)(ii)

F6Words in s. 33(1) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(2).

F9S. 33(1)(aa) and words in s. 33(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F17Words in s. 33(2) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(3)(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F19Words in s. 33(3) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(3)(a).

F20Words in s. 33(3) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(3)(b), Sch. 3.

F21Words in s. 33(4) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(4), Sch. 3.

F23Words in s. 33(5) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(5).

F24Words in s. 33(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(4)(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F27Words in s. 33(5) repealed (1.4.1999) by 1998 c. 38, s. 125, 152, Sch. 12 para. 17(4)(b), Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F28Words in s. 33(6) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(6).

Modifications etc. (not altering text)

C1S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

Marginal Citations