(1)The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in England under section 24D or section 26.
(2)The regulations may in particular make provision—
(a)for the further consideration of a representation by the Commission for Social Care Inspection (“the CSCI”);
(b)for a representation to be referred by the CSCI for further consideration by an independent panel established under the regulations;
(c)about the procedure to be followed on the further consideration of a representation;
(d)for the making of recommendations about the action to be taken as the result of a representation;
(e)about the making of reports about a representation;
(f)about the action to be taken by the local authority concerned as a result of the further consideration of a representation;
(g)for a representation to be referred by the CSCI back to the local authority concerned for reconsideration by the authority;
(h)for a representation or any matter raised by the representation to be referred by the CSCI—
(i)to a Local Commissioner in England for him to consider whether to investigate the representation or matter under Part 3 of the Local Government Act 1974 as if it were a complaint duly made under section 26 of that Act; or
(ii)to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.
(3)The regulations may require—
(a)the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;
(b)any such payment to be—
(i)made to such person or body as may be specified in the regulations;
(ii)of such amount as may be specified in, or calculated or determined under, the regulations;
(c)an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.
(4)The regulations may also—
(a)provide for different parts or aspects of a representation to be treated differently;
(b)require the production of information or documents in order to enable a representation to be properly considered;
(c)authorise the disclosure of information or documents relevant to a representation—
(i)to a person or body who is further considering a representation under the regulations; or
(ii)to a Local Commissioner in England (when a representation is referred to him under the regulations);
and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.
(5)In this section, “Local Commissioner in England” means a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7), who is a member of the Commission for Local Administration in England.]
Textual Amendments
F1S. 26ZA inserted (20.11.2003 for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 116(1), 199