Part IIS Local Administration

Modifications etc. (not altering text)

C1Pt. II (ss. 21-31) extended (6.4.1995) by 1994 c. 39, s. 180(1), Sch. 3 para. 18 (with s. 128(2)); S.I. 1995/702, art. 4(1), Sch. 2 (subject to art. 4(2) and to saving and transitional provision in art. 7)

Pt. II (ss. 21-31) applied (with modifications) (6.4.1995) (temp. until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 4

21 Commissioner for Local Administration.S

(1)For the purpose of conducting investigations in relation to any authority to which this Part of this Act applies there shall be a commissioner to be known as the Commissioner for Local Administration in Scotland.

(2)Appointments to the office of Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State after consultation with such bodies representing local authorities as appear appropriate to the Secretary of State, and a person so appointed shall, subject to subsection (3) below, hold office during good behaviour.

(3)A person appointed to be the Commissioner may be relieved of office by Her Majesty at his own request or may be removed from office by Her Majesty on grounds of incapacity or misbehaviour, and shall in any case vacate office on completing the year of service in which he attains the age of sixty-five years.

(4)For each year, the Commissioner—

(a)shall submit a general report on the discharge of his functions to the designated body [F1and arrange for the publication of such report;], and

(b)shall review the operation of the provisions of this Part of this Act about the investigation of complaints, and shall have power to convey to local authorities or to government departments any recommendations or conclusions reached in the course of his review.

[F2(4A)The Commissioner may, after consultation with such associations of local authorities as appear to him to be appropriate, provide to the authorities to which this Part of this Act applies such advice and guidance about good administrative practice as appears to him to be appropriate and may arrange for it to be published for the information of the public.]

(5)Schedule 4 to this Act shall have effect as respects the Commissioner.