Part 9The Commission for Local Administration in England

I1173Matters subject to investigation

1

Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).

2

For subsection (1) substitute—

1

For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—

a

alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;

b

an alleged or apparent failure in a service which it was the authority's function to provide;

c

an alleged or apparent failure to provide such a service.

1A

Subsection (1) is subject to the following provisions of this section.

3

Omit subsections (2) to (4) (procedure for making complaints).

4

In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—

3

1

Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—

a

the operation of public passenger transport;

b

the carrying on of a dock or harbour undertaking;

c

the provision of entertainment;

d

the provision and operation of industrial establishments;

e

the provision and operation of markets.

2

Sub-paragraph (1) does not include transactions for or relating to—

a

the acquisition or disposal of land;

b

the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.

3

Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.

4

Sub-paragraph (1)(e) does not include transactions relating to—

a

the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or

b

the attachment of any condition to such a licence.