Part II General Functions and Procedure

General local authority provisions

74 Investigation by Commission for Local Administration.

(1)

Part III of the M1Local Government Act 1974 (local government administration) shall be amended as follows.

(2)

In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—

“(aaa)

the Greater London Authority;”.

(3)

In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—

“(4A)

Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

(a)

the London Assembly;

(b)

any committee of the London Assembly;

(c)

any body or person exercising functions on behalf of the Greater London Authority.”

(4)

In section 30 (reports on investigations) after subsection (2) there shall be inserted—

“(2AA)

If the authority concerned is the Greater London Authority—

(a)

the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and

(b)

in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.”

(5)

After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—

“(3AA)

Nothing in subsection (3) above prevents a report—

(a)

mentioning the name of, or

(b)

containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.”

(6)

After subsection (7) of that section there shall be added—

“(8)

Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.”

(7)

In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—

“(4)

Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.”

(8)

In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after 25(4) there shall be inserted “ , (4A) ”.

(9)

After subsection (6) of that section there shall be inserted—

“(7)

Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.”

(10)

In section 34(1) (interpretation of Part III) in the definition of member, after the word member, there shall be inserted—

“(a)

in relation to the Greater London Authority, means—

(i)

the Mayor of London,

(ii)

the Deputy Mayor, or

(iii)

a member of the London Assembly;

(b)”;

and before the words in relation to a National Park Authority there shall be inserted “ (c) ”.

Annotations:
Modifications etc. (not altering text)

C1Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C2Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M11974 c. 7.

75 Provisions of 1972 Act relating to documents, notices etc.

(1)

For the purposes of the provisions of the M2Local Government Act 1972 specified in subsection (2) below, the Authority shall be treated as if it were a local authority which is a principal council and the Mayor shall be treated as if he were the chairman of such an authority.

(2)

The provisions are—

(a)

section 224 (arrangements by principal councils for custody of documents);

(b)

section 225 (deposit of documents with proper officer of authority etc);

(c)

section 228 (inspection of documents);

(d)

section 229 (photographic copies of documents);

(e)

section 230 (reports and returns);

(f)

section 231 (service of notices on local authorities etc);

(g)

section 232 (public notices);

(h)

section 233 (service of notices by local authorities);

(i)

section 234 (authentication of documents).

(3)

In the application of any enactment in relation to the Authority by virtue of subsection (1) above, any reference to the proper officer shall be taken as a reference to the proper officer of the Authority, within the meaning of this Act.

Annotations:
Modifications etc. (not altering text)

C3Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

C4Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52U(2)-(11) (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)

Marginal Citations

M21972 c. 70.

76 Byelaws.

(1)

Section 236 of the M3Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

(2)

In subsection (1) after “and to byelaws made by a local authority,” there shall be inserted “ the Greater London Authority ”.

(3)

After subsection (10A) there shall be inserted—

“(10B)

The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.”