C2C3C4C5C6C7C9C8C10C11C12 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
C133 Consultation between Local Commissioner, F19the Parliamentary Commissioner and the Health Service CommissionersF19and other Commissioners and Ombudsmen.
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 F30 the matters which are the subject of the investigation include 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,
F23aza
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11...
F35bza
by a housing ombudsman under the Housing Act 1996,
F20ba
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 F1or F13... OmbudsmanF31 about the matter and, where a complaint was made about the matter, he shall , 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 , F29... F14the Act of 1993 F21, 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, F36 a housing ombudsman, F24the Public Services Ombudsman for WalesF15, the Scottish Public Services Ombudsman or F25the Health Service Commissioner for England in relation to F32 a matter under investigation under this Part of this Act , he may consult that Commissioner F3or F16that Ombudsman about F33 anything relating to the matter , including—
a
the conduct of any investigation into the F34 matter , and
b
the form, content and publication of any report of the results of such an investigation.
F43
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 F5. . . of the steps necessary to initiate a complaint under this Part of this Act.
F373A
If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.
4
Where, by virtue of subsection (3) F38 or (3A) above, a Local Commissioner is consulted about a complaint under the Act of 1967 F39 or under the Housing Act 1996 F6. . ., 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, F26... in F7section 15 of the Act of 1993, F8inF27section F4034X of the Public Services Ombudsman (Wales) Act 2005F17, 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 F9. . . in the course of consultations held in accordance with this section.
Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L