Local Government Act 1974

[F1 34F Procedure in respect of investigations E+W

(1) A Local Commissioner who proposes to investigate a matter under this Part must give the following persons an opportunity to comment on the matter—

(a) the adult social care provider concerned;

(b) any person who is alleged in the complaint (if any) to have taken or authorised the action which would be the subject of the investigation;

(c) any person who otherwise appears to the Local Commissioner to have taken or authorised that action.

(2) Every investigation under this Part is to be conducted in private.

(3) Subject to subsection (2), the procedure for conducting an investigation is to be such as the Local Commissioner considers appropriate in the circumstances of the case.

(4) The Local Commissioner may, in particular—

(a) obtain information from such persons and in such manner as the Local Commissioner thinks fit,

(b) make such inquiries as the Local Commissioner thinks fit, and

(c) determine whether any person may be represented (by counsel, solicitor or otherwise) in the investigation.

(5) The Local Commissioner may, if the Local Commissioner thinks fit, pay to the person by whom the complaint (if any) was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part—

(a) sums in respect of the expenses properly incurred by them;

(b) allowances by way of compensation for the loss of their time.]

Textual Amendments

F1 Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2