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Local Government Act 1974

1974 CHAPTER 7

An Act to make further provision, in relation to England and Wales, with respect to the payment of grants to local authorities, rating and valuation, borrowing and lending by local authorities and the classification of highways; to extend the powers of the Countryside Commission to give financial assistance; to provide for the establishment of Commissions for the investigation of administrative action taken by or on behalf of local and other authorities; to restrict certain grants under the Transport Act 1968; to provide for the removal or relaxation of certain statutory controls affecting local government activities; to make provision in relation to the collection of sums by local authorities on behalf of water authorities; to amend section 259(3) of the Local Government Act 1972 and to make certain minor amendments of or consequential on that Act; and for connected purposes.

[8th February 1974]

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Modifications etc. (not altering text)

C1Act: transfer of certain functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act partly in force at Royal Assent, see s. 43(2); Act wholly in force at 1.4.1979

Part IE+W Grants

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Modifications etc. (not altering text)

Rate support grantsE+W

F11 Rate support grants. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F12 Elements of rate support grants. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F13 Rate support grant orders. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F14 Variation of rate support grant orders. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F15 Reduction of grants in case of default. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Grants for particular purposesE+W

6 Supplementary grants for transport purposes. E+W

(1)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(8)In consequence of the introduction of supplementary grants for transport purposes and of the provisions of this Part of this Act relating to rate support grants, the provisions of Part II of Schedule I to this Act shall have effect with respect to certain grants under . . . F3 the M1Transport Act 1968.

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Amendments (Textual)

Modifications etc. (not altering text)

C3S. 6 excluded by S.I. 1984/1863, arts. 4, 5

Marginal Citations

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F4S. 7 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 12); S.I. 1996/2560, art. 2, Sch. and subject to an amendment (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 6(2)

8 Specific grants for purposes not covered by rate support grants. E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(5)The provisions of Part III of Schedule 1 to this Act shall have effect with respect to the termination of certain grants for specific purposes, other than highways and public transport.

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Amendments (Textual)

Modifications etc. (not altering text)

[F89Grants and loans by the Countryside Council for WalesE+W

(1)In accordance with arrangements approved by the National Assembly for Wales, the Countryside Council for Wales may give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the Council, is conducive to the attainment of any of the purposes of—

(a)the National Parks and Access to the Countryside Act 1949,

(b)the Countryside Act 1968, or

(c)the Countryside and Rights of Way Act 2000.

(2)On making a grant or loan under this section the Countryside Council for Wales may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.

(3)The exercise of the power of the Countryside Council for Wales under this section is subject to any directions given to the Council by the National Assembly for Wales.]

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Amendments (Textual)

SupplementaryE+W

10 Supplementary provisions for Part I.E+W

(1)The following bodies are local authorities for the purposes of this Part of this Act, namely,—

(a)the council of a county,

(b)the Greater London Council,

(c)the council of a district,

(d)the council of a London borough,

(e)the Common Council of the City of London, and

(f)the Council of the Isles of Scilly,

F9...

(2)In this Part of this Act —

  • F10...

  • year” means a period of twelve months beginning with 1st April.

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F9Words in s. 10(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

F10Words in s. 10(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

F11S. 10(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

Modifications etc. (not altering text)

Part IIE+W Rating

11—14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

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Amendments (Textual)

15—19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

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Amendments (Textual)

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

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Amendments (Textual)

21, 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

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Amendments (Textual)

Part IIIE+W Local Government Administration

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Modifications etc. (not altering text)

C6Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C7Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C8Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C9Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C10Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

23 The Commissions for Local Administration.E+W

(1)For the purpose of conducting investigations in accordance with this Part of this Act, there shall be—

(a)a body of commissioners to be known as the Commission for Local Administration in England, and

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17but [F18the Commission] may include persons appointed to act as advisers, not exceeding the number appointed to conduct investigations.]

(2)The Parliamentary Commissioner shall be a member of [F19the Commission] .

F20(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In the following provisions of this Part of this Act the expression “Local Commissioner” means a person, other than the Parliamentary Commissioner F21...[F22or an advisory member], who is a member of [F23the Commission] .

F24(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Appointments to the office of . . . F25Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State F26....

[F27(4A)Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.]

[F28(5)A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time.]

[F28(5A)A Commissioner must be appointed for a period of not more than 7 years.

(5B)A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.]

(6)A . . . F29Commissioner 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 misbehaviourF30....

[F31(6A)A person appointed to be a Commissioner is not eligible for re-appointment.]

(7)The Secretary of State shall designate two of the Local Commissioners for England as chairman and vice-chairman respectively of the Commission for Local Administration in England F32....

F33(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33(8A)The Commission must—

(a)divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and

(b)allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.]

F33(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)[F34The Commission]

(a)shall make arrangements for Local Commissioners [F35 to deal with matters for which they do not have responsibility pursuant to subsection (8A) ] F36..., and

(b)shall publish information about the procedures for making complaints under this Part of this Act.

(11)For the year ending on 31st March 1975, and for each subsequent financial year, every Local Commissioner shall prepare a general report on the discharge of his functions and shall submit it to [F37the Commission] .

Any such report shall be submitted F38... not later than two months after the end of the year to which it relates.

(12)[F39In the financial year beginning on 1st April 1990, and in every third financial year afterwards, [F40the Commission] shall review the operation (since the last review was made under this subsection) of the provisions of this Part of this Act about the investigation of [F41 matters ] , and shall have power to convey to authorities to which this Part of this Act applies] . . . F42, or to government departments F43..., any recommendations or conclusions reached in the course of their reviews [F44and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned].

[F45(12A)[F46The Commission] may, after consultation with the representative persons and authorities concerned, provide to the authorities or any of the authorities to which this Part of this Act applies such advice and guidance about good administrative practice as appears to the Commission to be appropriate and may arrange for it to be published for the information of the public.

(12B)The representative persons and authorities concerned are—

(a)for the purposes of subsection (12) above, such persons appearing to the Commission to represent authorities F47... to which this Part of this Act applies, and in the case of such authorities as are not so represented, those authorities; and

(b)for the purposes of subsection (12A) above, such of those persons and authorities as the Commission think appropriate.]

(13)Schedule 4 to this Act shall have effect as respectss [F48the Commission] .

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Amendments (Textual)

F27S. 23(4A) inserted (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(3), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

F28S. 23(5)-(5B) substituted for s. 23(5) (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(4), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

F31S. 23(6A) inserted (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(6), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

F33S. 23(8A) substituted for substituted for s. 23(8)(9) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 169(2), 245(5); S.I. 2008/917, art. 2(1)(g)

Modifications etc. (not altering text)

C15S. 23(12)(12A)(12B)(13) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

[F4923A Annual reports for representatives etc.E+W

(1)For the financial year ending in 1990 and for each subsequent financial year, [F50the Commission] shall prepare a general report on the discharge of their functions [F51 (an “annual report”) ] and shall submit it—

(a)to such persons as appear to the Commission to represent authorities F52... to which this Part of this Act applies, and

(b)in the case of such authorities as are not so represented, to those authorities.

(2)[F53 The annual report ] shall be submitted as soon as may be after the Commission have received the reports for the year from Local Commissioners under section 23(11) above, and [F54the Commission] shall submit copies of those reports, together with [F55 their annual report ] .

(3)[F56The Commission] shall arrange for the publication of [F57 the annual report ] and of the reports of which copies are submitted by them under subsection (2) above.

[F58(3A)The Commission must lay a copy of the annual report before Parliament.]

F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60(5)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F51Words in s. 23A(1) inserted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(2), 245(5); S.I. 2008/917, art. 2(1)(h)

F53Words in s. 23A(2) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(3)(a), 245(5); S.I. 2008/917, art. 2(1)(h)

F55Words in s. 23A(2) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(3)(b), 245(5); S.I. 2008/917, art. 2(1)(h)

F57Words in s. 23A(3) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(4), 245(5); S.I. 2008/917, art. 2(1)(h)

F58S. 23A(3A) inserted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(5), 245(5); S.I. 2008/917, art. 2(1)(h)

Modifications etc. (not altering text)

C16S. 23A extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62E+W

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Amendments (Textual)

[F6324APower to investigateE+W

(1)Under this Part of this Act, a Local Commissioner may investigate a matter—

(a)which relates to action taken by or on behalf of an authority to which this Part of this Act applies,

(b)which is subject to investigation under this Part of this Act by virtue of section 26, and

(c)in relation to which subsection (2), (3) or (5) is satisfied.

(2)This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.

(3)This subsection is satisfied if, in relation to the matter—

(a)a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and

(b)the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.

(4)Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.

(5)This subsection is satisfied if—

(a)the matter has come to the attention of a Local Commissioner, and

(b)section 26D applies to the matter.

(6)In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.

(7)Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—

(a)not to investigate a matter, or

(b)to discontinue an investigation of a matter,

if he is satisfied with action which the authority concerned have taken or propose to take.]

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Amendments (Textual)

F63S. 24A inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 171, 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

25 Authorities subject to investigation.E+W

(1)This Part of this Act applies to [F64the following authorities]

(a)any local authority,

F65[(aaa)the Greater London Authority;]

(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F66(ab)a National Park authority [F67for a National Park in England] ;]

(b)any joint board the constituent authorities of which are all local authorities,

[F68(ba)the Commission for the New Towns,

(bb)any development corporation established for the purposes of a new town,

F69[(bbb)the London Development Agency;]

(bc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bd)any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 [F70for an urban development area in England] ,]

[F71(be)any housing action trust established under Part III of the Housing Act 1988] [F72for a designated area in England]

[F73(bf)the Urban Regeneration Agency;]

[F74[F75(bg)a fire and rescue authority [F76in England] constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]]

[F77(c)any joint authority established by Part IV of the Local Government Act 1985;

F78[(cza)the London Fire and Emergency Planning Authority;]

[F79(ca)any police authority established under [F80section 3 of the Police Act 1996] [F81for a police area in England ] ;]

F82[F83[(caa)the Metropolitan Police Authority;]

[F84(caa)the Service Authority for the National Crime Squad;]]

(cb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F85[F86. . .]

F87[(cc)Transport for London; [F88and]]

[F89(cd)an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);]

[F90(d)in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any regional flood defence committee [F91for an area wholly or partly in England] ;]

[F92;and

(e)the London Transport Users’ Committee.]

(2)Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a precept.

(3)An Order made by virtue of subsection (2) above may be varied or revoked by a subsequent Order so made and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Any reference to an authority to which this Part of this Act applies includes a reference—

(a)to the members and officers of that authority, and

[F93(b)to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),]

F93(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection. ]

[F94(4ZA)Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.]

F95[(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;

F96(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(c)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98F99[(4B)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100(5)Any reference to an authority to which this Part of this Act applies also includes a reference to—

F101(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F102(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F103(c)an admission appeal panel constituted [F104 by the authority ] in accordance with regulations under section 94(5) or 95(3) of [F105the School Standards and Framework Act 1998] ,]

(d)the governing body of any community, foundation or voluntary school [F106 maintained by the authority ] so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.][F107and

(e)an exclusion appeal panel constituted [F108 by the authority ] in accordance with regulations under section 52 of the Education Act 2002.]

[F109(6)Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.

(7)For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—

(a)on behalf of the authority, and

(b)in the exercise of the authority's function.

(8)Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F65S. 25(1)(aaa) inserted (8.5.2000) by 1999 c. 29, s. 74(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(b), Sch. Pt. 2

F69S. 25(1)(bbb) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch Pt. 2

F73S. 25(1)(bf) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(1); S.I. 1993/2762, art. 3.

F74S. 25(1)(bg) inserted (19.12.2000 with application in relation to England and to police authorities in Wales and 28.7.2001 otherwise) by 2000 c. 22, ss. 107, 108(4)-(6), Sch. 5 para. 14; S.I. 2000/3335, art. 2

F75S. 25(1)(bg) substituted (1.10.2004 except in relation to W., 10.11.2004 in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 42; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F77S. 25(1)(c)(ca)(cb) substituted for s. 25(1)(c) by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(a)

F78S. 25(1)(cza) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(3),(with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F79S. 25(1)(ca) substituted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 16; S.I. 1994/2025 art. 6(1)(2)(e)(g) (with art. 6(3)-(6)); S.I. 1995/3262, art. 4(1), Sch. (with arts. 4(2)-(8), 5)

F80Words in s. 25(1)(ca) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(j)

F82It is provided that s. 25(1)(caa) is inserted (8.5.2000) by 1999 c. 29, s. 394(1)(4), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F83S. 25(1)(caa) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 2 para. 33, Sch. 7 Pt. 5(1), S.I. 2002/344, art. 3(k)(m) (with transitional provisions in art. 4)

F84S. 25(1)(caa) inserted (1.4.1998) by 1997 c. 50, s. 88, Sch. 6 para. 11; S.I. 1998/354, art. 2(1)(2)(au)(az)

F86Word in s. 25(1)(cb) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. IX (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F87S. 25(1)(CC) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F88Word “and”preceding para. (d) in s. 25(1) repealed (3.7.2000) by 1999 c. 29, ss. 247(7), 423, Sch. 18 para. 16(1)(2)(a), Sch. 34 Pt. IV (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F90S. 25(1)(d) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 18 (with ss. 7(6), 115, 117, Sch. 23 para. 12); S.I. 1996/186, art. 3

F92S. 25(1)(e) and word “and”immediately preceding it inserted (3.7.2000) by 1999 c. 29, s. 247(7), Sch. 18 para. 16(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F93S. 25(4)(b) and words substituted for s. 25(4)(b)(c) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F94S. 25(4ZA) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F95S. 25(4A) inserted (8.5.2000) by 1999 c. 29, s. 74(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(b), Sch. Pt. 2

F102S. 25(5)(b) repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. IV

F103S. 25(5)(c) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 2(a) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2005/1395, art. 4, 5(3)(4), Sch.

F104Words in s. 25(5)(c) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(6)(a), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F106Words in s. 25(5)(d) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(6)(b), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F107S. 25(5)(e) and word inserted (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 2(b) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. IV

F108Words in s. 25(5)(e) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(6)(c), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F109S. 25(6)-(8) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(7), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

Modifications etc. (not altering text)

C18S. 25(1)(c) extended by S.I. 1987/2110, art. 2(2), Sch. 2 para. 8(h)

26 Matters subject to investigation. E+W

[F110(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.]

[F110(1A)Subsection (1) is subject to the following provisions of this section.]

F111(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F111(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before proceeding to investigate [F112a matter], a Local Commissioner shall satisfy himself that

[F113(a)[F114the matter has] been brought, by or on behalf of [F115the person affected], to the notice of the authority to which [F116it relates] and that that authority has been afforded a reasonable opportunity [F117to investigate the matter and to respond]; or

(b)in the particular circumstances, it is not reasonable to expect [F118the matter to be] brought to the notice of that authority or for that authority to be afforded a reasonable opportunity [F119to investigate the matter and to respond].]

(6)A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,—

(a)any action in respect of which the [F120person affected] has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;

(b)any action in respect of which the [F120person affected] has or had a right of appeal to a Minister of the Crown F121...; or

(c)any action in respect of which the [F120person affected] has or had a remedy by way of proceedings in any court of law:

Provided that a Local Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the [F120person affected] to resort or have resorted to it.

[F122(6A)A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of [F123any action taken by or on behalf of an authority in the exercise] of any of the authority's functions otherwise than in relation to England.]

(7)A Local Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the [F124following area—

[F125(aa)where the [F126matter] relates to a National Park authority, the area of the Park for which it is such an authority;]

(a)where the [F127matter] relates to the Commission for the New Towns, the area of the new town or towns to which the [F127matter] relates;

F128(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F129(ba)where the [F130matter] relates to the Urban Regeneration Agency, any designated area within the meaning of Part III of the Leasehold Reform, Housing and Urban Development Act 1993;]

(c)in any other case, the area of the authority concerned.]

(8)Without prejudice to the preceding provisions of this section, a Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act.

(9)Her Majesty may by Order in Council amend the said Schedule 5 so as to [F131add to or exclude from the provisions of that Schedule (as it has effect for the time being)] such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F132(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F133(11)In this section—

(a)references to a [F134 person affected ] include references to his personal representatives; and

F135(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F136(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F110S. 26(1)(1A) substituted for s. 26(1) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F128S. 26(7)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

F129S. 26(7)(ba) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(2); S.I. 1993/2762, art. 3.

Modifications etc. (not altering text)

C19s. 26 modified by S.I. 1991/559, art. 2(3)(5)

C20S. 26 modified by S.I. 1986/452, art. 8(3)(5)

C21S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k)

C22S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k)

[F13826AWho can complainE+W

(1)Under this Part of this Act, a complaint about a matter may only be made—

(a)by a member of the public who claims to have sustained injustice in consequence of the matter,

(b)by a person authorised in writing by such a member of the public to act on his behalf, or

(c)in accordance with subsection (2).

(2)Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made—

(a)by his personal representative (if any), or

(b)by a person who appears to a Local Commissioner to be suitable to represent him.

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Amendments (Textual)

F138Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

26BProcedure for making complaintsE+W

(1)Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—

(a)in writing, and

(b)before the end of the permitted period.

(2)In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—

(a)the day on which the person affected first had notice of the matter, or

(b)if the person affected has died without having notice of the matter—

(i)the day on which the personal representatives of the person affected first had notice of the matter, or

(ii)if earlier, the day on which the complainant first had notice of the matter.

(3)A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F138Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

26CReferral of complaints by authoritiesE+W

(1)This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies.

(2)If the complainant consents, the complaint may be referred to a Local Commissioner by—

(a)the member of the authority to whom the complaint was made,

(b)any other member of that authority, or

(c)a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of.

(3)Subject to subsection (4), a referral under this section must be made in writing.

(4)A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.

(5)If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section.

(6)In this section, references to a member of an authority include—

(a)in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed;

(b)in relation to a joint board, a member of any of the constituent authorities of the joint board;

(c)in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority.

[F139(d)in relation to an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007, a person who may be a member of the authority in accordance with section 208 of that Act.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F138Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

26DMatters coming to attention of Local CommissionerE+W

(1)This section applies to a matter which has come to the attention of a Local Commissioner if—

(a)the matter came to his attention during the course of an investigation under this Part of this Act,

(b)(subject to subsection (3)) the matter came to his attention—

(i)before the person affected or his personal representatives had notice of the matter, or

(ii)in any other case, before the end of the permitted period, and

(c)it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2)In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—

(a)the day on which the person affected first had notice of the matter, or

(b)if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.

(3)A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F138Ss. 26A-26D inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

27[F140 Members of the public .] E+W

(1)[F141 In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than— ]

(a)a local authority or other authority or body constituted for purposes of the public service or of local government [F142(including [F143the Welsh Ministers, the National Assembly for Wales Commission or the] the National Assembly for Wales)], or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

(b)any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department [F144or by the [F145Welsh Ministers]] , or whose revenues consist wholly or mainly of moneys provided by Parliament [F144or the [F145Welsh Ministers]] .

F146(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F140S. 27 title substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(2)(a), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F141Words in s. 27(1) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(2)(b), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F142Words in s. 27(1)(a) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(a)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F143Words in s. 27(1)(a) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 10(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

F144Words in s. 27(1)(b) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F145Words in s. 27(1)(b) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 10(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

Modifications etc. (not altering text)

C23S. 27: s. 26-34 modified by S.I. 1991/559, art. 2(3)

C24Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

28 Procedure in respect of investigations. E+W

(1)Where a Local Commissioner proposes to [F147 investigate a matter under this Part of this Act ] , he shall afford to the authority concerned, and to any person who is alleged in the complaint [F148 (if any), or who otherwise appears to the Local Commissioner, ] to have taken or authorised [F149 the action which would be the subject of the investigation ] , an opportunity to comment on [F150 the matter ] .

(2)Every [F151 investigation under this Part of this Act ] shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Local Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the preceding provision the Local Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented (by counsel or solicitor or otherwise) in the investigation.

(3)The Local Commissioner may, if he thinks fit, pay to the person by whom the complaint [F152 (if any) ] was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part of this Act—

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

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

F153...

(4)The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned [F154 or any other person ] , or any power or duty of [F155 the authority concerned or any other person ] to take further action with respect to any matters subject to the investigation.

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Amendments (Textual)

Modifications etc. (not altering text)

C25S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C26Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C27S. 28 power to apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 70(2), 108(4)-(6); S.I. 2000/2948, art. 2

29 Investigations: further provisions. E+W

(1)For the purposes of an investigation under this Part of this Act a Local Commissioner may require any member or officer of the authority concerned, or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such documents.

(2)For the purposes of any such investigation a Local Commissioner shall have the same powers as the High Court in respect of the attendance and examination of witnesses, and in respect of the production of documents.

(3)A Local Commissioner may, under subsection (1) above, require any person to furnish information concerning communications between the authority concerned and any Government department F156..., or to produce any correspondence or other documents forming part of any such written communications.

(4)No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information in accordance with subsection (3) above; and where that subsection applies the Crown shall not be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5)Nothing in subsection (1) or subsection (3) above affects—

(a)the restriction, imposed by section 11(2) of the M2Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers;

F157(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the restriction, imposed by [F158section 15 of the Health Service Commissioners Act 1993], on the disclosure of information by the Health Service Commissioner for England [F159or by any of his officers] .[F160, or

(c)the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.]

(6)To assist him in any investigation, a Local Commissioner may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine F161....

[F162(6A)A Local Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.

(6B)Any person or persons appointed under subsection (6A) above shall be deemed to be an officer or officers of the Commission for Local Administration in carrying out his or their functions under that appointment.]

(7)Subject to subsection (4) above, no person shall be compelled for the purposes of an investigation under this Part of this Act to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.

(8)If any person without lawful excuse obstructs a Local Commissioner in the performance of his functions under this Part of this Act, [F163 or any person discharging or assisting in the discharge ] of those functions, or is guilty of any act or omission in relation to an investigation under this Part of this Act which, if that investigation were a proceeding in the High Court, would constitute contempt of court, the Local Commissioner may certify the offence to the High Court.

(9)Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the High Court could deal with him if he had committed the like offence in relation to the High Court.

(10)Nothing in subsection (8) above shall be construed as applying to the taking of any such action as is mentioned in section 28(4) above.

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Amendments (Textual)

F158Words in s. 29(5)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 3.

Modifications etc. (not altering text)

C28S. 29: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C29Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C30S. 29 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

Marginal Citations

30 Reports on investigations. E+W

[F164(1)If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)).]

[F164(1A)A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA).

(1B)If, after the investigation of a matter is completed, the Local Commissioner decides—

(a)that he is satisfied with action which the authority concerned have taken or propose to take, and

(b)that it is not appropriate to prepare and send a copy of a report under subsection (1),

he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

(1C)If a Local Commissioner decides—

(a)not to investigate a matter, or

(b)to discontinue an investigation of a matter,

he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

(1D)For the purposes of subsections (1) to (1C), the persons concerned are—

(a)the complainant (if any),

(b)any person who referred the matter under section 26C(2),

(c)the authority concerned, and

(d)any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.]

(2)Where [F165 a complaint about the matter ] was referred by a person who was a member of an authority but who has since ceased to be a member of that authority, the report or statement shall be sent to the chairman, or, as the case may be, mayor of that authority.

F166[(2AA)If the authority concerned is the Greater London Authority—

(a)[F167 the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) ] 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.]

[F168(2AB)Where an authority are operating executive arrangements which involve a mayor and cabinet executive F169..., subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.]

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F170(2B)Subsections (3) to (8) apply in the case of a report under subsection (1).]

(3)Apart from identifying the authority or authorities concerned, the report shall not, except where subsection (3A) below applies,—

(a)mention the name of any person, or

(b)contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as [F171 the interests of the complainant (if any) and of other persons ] , the Local Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.

F172[(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.]

(3A)Where the Local Commissioner is of the opinion—

(a)that action constituting maladministration was taken which involved a member of the authority concerned, and

(b)that the member’s conduct constituted a breach of the National Code of Local Government Conduct,

then, unless the Local Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.

(4)Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from, the report when so made available.

[F173(4A)Subject to subsection (7) below, the authority concerned shall supply a copy of the report to any person on request if he pays such charge as the authority may reasonably require.]

(5)Not later than [F174two weeks] after the report is received by the authority concerned, the proper officer of the authority shall give public notice, by advertisement in newspapers and such other ways as appear to him appropriate, that [F175copies of the report will be available as provided by subsections (4) and (4A)] above, and shall specify the date, being a date [F176not more than one week after the public notice is first given], from which the period of three weeks will begin.

(6)If a person having the custody of a report made available for inspection as provided by subsection (4) above obstructs any person seeking to inspect the report, or to make a copy of, or extract from, the report, he shall be liable on summary conviction to a fine not exceeding [F177level 3 on the standard scale].

(7)The Local Commissioner may, if he thinks fit after taking into account the public interest as well as [F178 the interests of the complainant (if any) and of other persons ] , direct that a report specified in the direction shall not be subject to the provisions of subsections (4) [F179, (4A) and (5) above].

F180[(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.]

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Amendments (Textual)

F164S. 30(1)-(1D) substituted for s. 30(1) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F165Words in s. 30(2) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F166S. 30(2AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

F167Words in s. 30(2AA)(a) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F168S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1)

F170S. 30(2B) inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(5), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F171Words in s. 30(3) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(6), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F172S. 30(3AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

F178Words in s. 30(7) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 175(7), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

Modifications etc. (not altering text)

C31S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C32Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

C33S. 30(3A) disapplied by SI 2001/2289 art.4 (as inserted (1.9.2004) by The Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004 (S.I. 2004/1510), arts. 1(1), 3)

31 Reports on investigations: further provisions. E+W

[F181[F182(1)This section applies where a Local Commissioner reports that there has been—

(a)maladministration in connection with the exercise of the authority's administrative functions,

(b)a failure in a service which it was the function of an authority to provide, or

(c)a failure to provide such a service.]

(2)The report shall be laid before the authority concerned and it shall be the duty of that authority to consider the report and, within the period of three months beginning with the date on which they received the report, or such longer period as the Local Commissioner may agree in writing, to notify the Local Commissioner of the action which the authority have taken or propose to take.

(2A)If the Local Commissioner—

(a)does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or

(b)is not satisfied with the action which the authority concerned have taken or propose to take, or

(c)does not within a period of three months beginning with the end of the period so allowed, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,

he shall make a further report setting out those facts and making recommendations.

[F183(2B)Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

(a)to remedy any injustice sustained by the person affected in consequence of the maladministration, and

(b)to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.]

[F183(2BA)Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

(a)to remedy any injustice sustained by the person affected in consequence of the failure, and

(b)to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.]

(2C)Section 30 above, with any necessary modifications, and subsection (2) above shall apply to a report under subsection (2A) above as they apply to a report under that section.

(2D)If the Local Commissioner—

(a)does not receive the notification required by subsection (2) above as applied by subsection (2C) above within the period allowed by or under that subsection or is satisfied before the period allowed by that subsection has expired that the authority concerned have decided to take no action, or

(b)is not satisfied with the action which the authority concerned have taken or propose to take, or

(c)does not within a period of three months beginning with the end of the period allowed by or under subsection (2) above as applied by subsection (2C) above, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,

he may, by notice to the authority, require them to arrange for a statement to be published in accordance with subsections (2E) and (2F) below.

(2E)The statement referred to in subsection (2D) above is a statement, in such form as the authority concerned and the Local Commissioner may agree, consisting of—

(a)details of any action recommended by the Local Commissioner in his further report which the authority have not taken;

(b)such supporting material as the Local Commissioner may require; and

(c)if the authority so require, a statement of the reasons for their having taken no action on, or not the action recommended in, the report.

(2F)The requirements for the publication of the statement are that—

(a)publication shall be in any two editions within a fortnight of a newspaper circulating in the area of the authority agreed with the Local Commissioner or, in default of agreement, nominated by him; and

(b)publication in the first such edition shall be arranged for the earliest practicable date.

(2G)If the authority concerned—

(a)fail to arrange for the publication of the statement in accordance with subsections (2E) and (2F) above, or

(b)are unable, within the period of one month beginning with the date on which they received the notice under subsection (2D) above, or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the statement to be published,

the Local Commissioner shall arrange for such a statement as is mentioned in subsection (2E) above to be published in any two editions within a fortnight of a newspaper circulating within the authority’s area.

(2H)The authority concerned shall reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing his duty under subsection (2G) above.]

[F184(3)In any case where—

(a)a report is laid before an authority under subsection [F185(2) or (2C)] above, and

(b)on consideration of the report, it appears to the authority that a payment should be made to, or some other benefit should be provided for, a person who has suffered injustice in consequence of [F186 the maladministration or failure ] [F187to which the report relates],

the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.]

F188[(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.]

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Amendments (Textual)

F181S. 31(1) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 176(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F182S. 31 subsections (1)–(2H) substituted for subsections (1)(2) by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 26(1)(2)

F183S. 31(2B)(2BA) substituted for s. 31(2B) (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 176(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F186Words in s. 31(3)(b) substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 176(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

F188S. 31(4) added (8.5.2000) by 1999 c. 29, s. 74(1)(7), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

Modifications etc. (not altering text)

C35S. 31: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C36Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[F18931A Consideration of adverse reports. E+W

F190(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F190(1A)Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that—

(a)no action should be taken on the report, or

(b)the action recommended in the report should not be taken,

consideration of the report shall be referred to that authority.

(1B)For the purposes of subsection (1A)—

(a)listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and

(b)a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).

(1C)Subsection (1A) has effect subject to subsection (3).]

F190(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190[F191(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3)The restriction imposed by [F192 subsection (1A) ] above does not apply where the report recommends action to be taken by—

(a)a joint committee established under [F193 section 101 of the Local Government Act 1972, ]

[F194(b)a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or]

[F194(c)an admission appeal panel or exclusion appeal panel mentioned in section 25(5)(c) or (e),

and the report is considered by that committee or panel. ]

(4)If an authority considering a further report of the Local Commissioner under section 31(2A) above take into consideration a report by a person or body with an interest in the Local Commissioner’s report, they shall not conclude their consideration of the Local Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Local Commissioner’s report.

(5)[F195 No individual shall decide or vote ] on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by a Local Commissioner.

F196[F191(5A)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F197(6)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F198[(7)F199... any functions exercisable under this section by or in relation to [F200 the Greater London Authority ] shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to [F201 an authority ] shall be construed accordingly.]

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Amendments (Textual)

F191S. 31A(2A)(5A) inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(a)(b) and s. 31A(2A)(5A) inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(1)(a)(b)

Modifications etc. (not altering text)

C37S. 31A: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C38Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[F20231BPublication of reports etc by CommissionersE+W

(1)A Local Commissioner may—

(a)publish all or part of a report or statement under section 30,

(b)publish all or part of a report under section 31,

(c)arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or

(d)publish a summary of a matter which is the subject of a report or statement under section 30 or 31,

if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so.

(2)A Local Commissioner may—

(a)supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and

(b)charge a reasonable fee for doing so.

(3)Subsection (3) of section 30 applies to—

(a)any part of a statement under section 30, and

(b)any part of a summary of a matter,

that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.]

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Amendments (Textual)

32 Law of defamation, and disclosure of information. E+W

(1)For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—

(a)the publication of any matter in communications between a member [F203or officer] of an authority and a Local Commissioner, or [F204 any person discharging or assisting in the discharge of a function of a Local Commissioner ] , for the purposes of this Part of this Act;

(b)the publication of any matter by a Local Commissioner or by [F205 any person discharging or assisting in the discharge of a function of a Local Commissioner ] , in communicating with a complainant [F206 , or with the person affected in relation to a matter, ] for the purposes of this Part of this Act;

[F207(ba)the publication of any matter by a Local Commissioner or by [F208 any person discharging or assisting in the discharge of a function of a Local Commissioner ] in communicating with the Parliamentary Commissioner or the Health Service Commissioner for England or any officer of either such Commissioner for the purposes of this Part of this Act;]

(c)the publication of any matter in preparing, making and sending a report or statement in accordance with section 30 or section 31 above, or, subject to section 30(7) above, in making a report available to the public [F209or in supplying a copy under section 30(4A) above];

(d)the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under [F210 section 23A ] above.

[F211(e)the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.]

[F212(f)the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.]

(2)Information obtained by a Local Commissioner, or [F213 any person discharging or assisting in the discharge of a function of a Local Commissioner ] , in the course of or for the purposes of an investigation under this Part of this Act shall not be disclosed except—

(a)for the purposes of the investigation and of any [F214 report, statement or summary under section 30, 31 or 31B ] above; or

[F215(aa)for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or]

(b)for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by a Local Commissioner or by [F216 a person discharging or assisting in the discharge of a function of Local Commissioner ] or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or

(c)for the purpose of any proceedings under section 29(9) above,

and a Local Commissioner and [F217 persons discharging or assisting in the discharge of a function of a Local Commissioner ] shall not be called upon to give evidence in any proceedings (other than proceedings within paragraph (b) or (c) above) of matters coming to his or their knowledge in the course of an investigation under this Part of this Act.

(3)A Minister of the Crown or [F218 any of the authorities to which this Part of this Act applies ] may give notice in writing to a Local Commissioner with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister, or as the case may be of the authority, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest; and where such a notice is given nothing in this Part of this Act shall be construed as authorising or requiring the Local Commissioner or [F219 any person discharging or assisting in the discharge of a function of a Local Commissioner ] to communicate to any other person, or for any purpose, any document or information specified in the notice, or any document or information of a class so specified:

Provided that a notice given under this subsection by any authority may be discharged by the Secretary of State.

[F220(3A)A notice under subsection (3) above may not be given electronically.]

[F221(3B)Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).]

(4)Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 29 above.

(5)Where information is disclosed in accordance with section 29(3) above, being information which is derived from a communication from a government department F222..., and which has not been made public, a Local Commissioner shall not without the written consent of an officer of the government department F223... make a report which includes all or any of that information unless he has given the department F224... not less than one month’s notice in writing of his intention.

(6)The provisions of this section shall apply to the Commissioners of Customs and Excise and Commissioners of Inland Revenue as they apply to a Minister of the Crown.

[F225(7)Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.]

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Amendments (Textual)

F225S. 32(7) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 3 (with ss. 56, 78)

Modifications etc. (not altering text)

C39S. 32: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C40Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

C41S. 32 applied (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

C42S. 32(2) modified (28.7.2001) by S.I. 2001/2286, art. 4, Sch. 3

C43S. 32(2) excluded (19.12.2000 with application in relation to England and to police authorities in Wales and 28.7.2001 otherwise) by 2000 c. 22, ss. 67(4), 108(4)-(6); S.I. 2000/3335, art. 2

F22632A.Use of information by Local Commissioner in other capacityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

33 Consultation between Local Commissioner, [F227the Parliamentary Commissioner and the Health Service Commissioners] [F227and other Commissioners and Ombudsmen].W

(1)If, at any stage in the course of conducting an investigation under this Part of this Act, a Local Commissioner forms the opinion that [F228 the matters which are the subject of the investigation include ] a matter which could be the subject of an investigation—

(a)by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967,

F229(aza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F230(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F231...

(b)by the Health Service Commissioner for England F232..., in accordance with [F233the Act of 1993,]

[F234or

[F235(ba)by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;]

(c)by the Scottish Public Services Ombudsman in accordance with the Act of 2002,]

he shall consult with the appropriate Commissioner [F236or F237... Ombudsman] [F238 about the matter and, where a complaint was made about the matter, he shall ] , if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Act of 1967 , F239... [F240the Act of 1993 [F241, the Public Services Ombudsman (Wales) Act 2005] or under the Act of 2002] , as the case may be.

(2)Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, [F242the Public Services Ombudsman for Wales] [F243, the Scottish Public Services Ombudsman] or [F244the Health Service Commissioner for England] in relation to [F245 a matter under investigation under this Part of this Act ] , he may consult that Commissioner [F246or [F247that Ombudsman]] about [F248 anything relating to the matter ] , including—

(a)the conduct of any investigation into the [F249 matter ] , and

(b)the form, content and publication of any report of the results of such an investigation.

[F250(3)If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner] forms the opinion that the complaint relates partly to a matter which could be the subject of investigation under this Part of this Act, he shall consult with the appropriate Local Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint F251. . . of the steps necessary to initiate a complaint under this Part of this Act.

(4)Where, by virtue of subsection (3) above, a Local Commissioner is consulted about a complaint under the Act of 1967 F252. . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.

(5)Nothing in section 11(2) of the Act of 1967, F253... in [F254section 15 of the Act of 1993], [F255in] [F256section 26 of the Public Services Ombudsman (Wales) Act 2005] [F257, in section 19 of the Act of 2002] or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information [F258. . .] in the course of consultations held in accordance with this section.

(6)In this section the “Act of 1967” means the M3Parliamentary Commissioner Act 1967 and [F259the “Act of 1993” means the Health Service Commissioners Act 1993.] [F260and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002]

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Amendments (Textual)

F227Words in s. 33 sidenote substituted (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 7(2); S.I. 2005/1814, arts. 1(2), 2(f)(ii)

F233Words in s. 33(1) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(2).

F236S. 33(1)(aa) and words in s. 33(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F246Words in s. 33(2) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(3)(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F250Words in s. 33(3) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(3)(a).

F251Words in s. 33(3) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(3)(b), Sch. 3.

F252Words in s. 33(4) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(4), Sch. 3.

F254Words in s. 33(5) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(5).

F255Words in s. 33(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(4)(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F258Words in s. 33(5) repealed (1.4.1999) by 1998 c. 38, s. 125, 152, Sch. 12 para. 17(4)(b), Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

F259Words in s. 33(6) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(6).

Modifications etc. (not altering text)

C45S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

Marginal Citations

[F26133ZACollaborative working between Local Commissioners and other CommissionersW

(1)If at any stage in the course of conducting an investigation under this Act a Local Commissioner forms the opinion that [F262 the matters which are the subject of the investigation include ] a matter within the jurisdiction of —

(a)the Parliamentary Commissioner,

(b)the Health Service Commissioner for England, or

(c)both,

he may, subject to subsection (2) below, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2)A Local Commissioner must obtain the consent of [F263 the person affected ] or [F264 the complainant (if any) ] before agreeing to a joint investigation referred to in subsection (1) above.

(3)If a Local Commissioner forms the opinion that a complaint which is being investigated by—

(a)the Parliamentary Commissioner,

(b)the Health Service Commissioner, or

(c)both,

relates partly to a matter within his jurisdiction, he may conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(4)If a Local Commissioner conducts an investigation F265... jointly with another person, the requirements of section 30(1) (so far as relating to a case where the Local Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(5)In relation to an investigation which has been conducted jointly with another person a direction given by the Local Commissioner under section 30(7) of this Act may relate only to those parts of a joint report prepared by virtue of subsection (4) above which are specified in the direction.]

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Amendments (Textual)

F262Words in s. 33ZA(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(2)

F263Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(3)(a)

F264Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(3)(b)

F265Words in s. 33ZA(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(4) Sch. 18 Pt. 14

[F26633A Disclosure of information by Local Commissioner to Information Commissioner.E+W

(1)A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—

(a)a matter in respect of which the Information Commissioner could exercise any power conferred by—

(i)Part V of the Data Protection Act 1998 (enforcement),

(ii)section 48 of the Freedom of Information Act 2000 (practice recommendations), or

(iii)Part IV of that Act (enforcement), or

(b)the commission of an offence under—

(i)any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or

(ii)section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).

(2)Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.]

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Amendments (Textual)

F266S. 33A inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 4 (with ss. 56, 78)

34 Interpretation of Part III. E+W

(1)In this Part of this Act, unless the context otherwise requires—

  • action” includes failure to act, and other expressions connoting action shall be construed accordingly,

  • [F267the Commission” means the Commission for Local Administration in England,]

[F268“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

local authority” means a county council [F269in England] , . . . F270 a district council, [F271the Broads Authority] F272..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,

[F273“mayor and cabinet executive” [F274has] the same meaning as in Part II of the Local Government Act 2000;]

  • member”,

    (a)

    F275[F276in 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)

    F277...

    (c)

    F277...

  • F278...

  • [F278" person affected ”—

    (a)

    in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and

    (b)

    in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;]

  • Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F279

  • tribunal” includes the person constituting a tribunal consisting of one person.

[F280(1A)In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).]

(2)Section 269 of the M4Local Government Act 1972 (which relates to the meaning of “England” and “Wales” in Acts passed after 1st April 1974) shall apply to this Part of this Act as if it had been passed after that date.

(3)It is hereby declared that nothing in this Part of this Act authorises or requires a Local Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.

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Amendments (Textual)

F268S. 34(1): definition of

executive

and

executive arrangements

inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(2) and definition of “executive”and “executive arrangements”inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(2)

F273S. 34(1): definition of “mayor and cabinet executive”and “mayor and council manager executive”inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(2)

F275S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F276Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

Modifications etc. (not altering text)

C46S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C47Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

Marginal Citations

Part IVE+W Miscellaneous and General

35 Removal or relaxation of controls affecting certain local authority functions.E+W

(1)For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in the first column of Schedule 6 to this Act shall have effect subject to the amendments specified in the second column of that Schedule.

(2)Without prejudice to section 43(4) below, any reference in Schedule 6 to this Act to any enactment includes a reference to that enactment as applied by any other enactment, including a local Act.

(3)Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(4)An order made under this section—

(a)may be revoked or varied by a further order so made, and

(b)may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(5)A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(6)In this section “local authority” means any local authority within the meaning of the M5Local Government Act 1972, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, the Council of the Isles of Scilly, a port health authority, [F281Transport for London] and a Passenger Transport Executive.

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

36 Recovery by local authorities of establishment charges. E+W

(1)In any case where a local authority—

(a)are empowered under any enactment to carry out any works or do any other thing on or in relation to any land or building, and

(b)by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,

the local authority shall be entitled to recover, together with and in like manner as the expenses which are recoverable as mentioned in paragraph (b) above, such sum as appears to them to be reasonable in respect of their establishment charges.

(2)The provisions of subsection (1) above shall have effect in substitution for any provision contained in any enactment, including an enactment in a local Act, under which a local authority who have exercised any such power as is referred to in subsection (1)(a) above have power to recover any sum in respect of their establishment charges or any element or elements of those charges.

(3)In this section “local authority” has the same meaning as in section 35 above.

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Modifications etc. (not altering text)

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F282E+W

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Amendments (Textual)

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283E+W

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Amendments (Textual)

39 Compensation for loss of office : extension of cases for which regulations may provide. E+W

For subsection (3) of section 259 of the M6Local Government Act 1972 (regulations providing for compensation for loss of office attributable to that Act may extend to persons whose loss is attributable to any such transfer or relinquishment of functions as is referred to in paragraph (c) of the new subsection set out below) there shall be substituted the following subsection :—

(3)Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—

(a)the provisions of any such order as is referred to in section 326(1) of the Public Health Act 1936 ;

(b)an existing local authority ceasing, as respects the whole or part of their area, to be a food and drugs authority, within the meaning of the Food and Drugs Act 1955 ;

(c)any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955 or in the Slaughterhouses Act 1974 ; or

(d)the provisions of an order under section 46 of the Children and Young Persons Act 1969 ;

and, withour prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions as to compensation made for that case by section 326 of the Public Health Act 1936, section 129(1) of the Food and Drugs Act 1955 or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of theregulations apply.

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Modifications etc. (not altering text)

C50The text of s. 39 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F284E+W

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Amendments (Textual)

41 Expenses.E+W

There shall be defrayed out of money provided by Parliament—

(a)any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;

(b)any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

42 Minor and consequential amendments and repeals. E+W

(1)Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

(2)The enactments specified in Schedule 8 to this Act are here by repealed to the extent specified in the third column of that Schedule.

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Modifications etc. (not altering text)

C51The text of s. 42 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

43 Short title, commencement, construction, application and extent.E+W

(1)This Act may be cited as the Local Government Act 1974.

(2)Part II, other than sections 16 and 22, and sections 35, 37 and 42 of this Act and Schedules 6 to 8 to this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.

(3)An order under subsection (2) above appointing a day for the coming into operation of any provision of Schedules 6 to 8 to this Act may contain such savings with respect to the operation of that provision as appear to the Secretary of State to be appropriate.

(4)Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.

(5)In their application to the Isles of Scilly, the provisions of Parts I and IV of this Act shall have effect subject to such modifications as the Secretary of State may by order made by statutory instrument direct.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F285, this Act shall not extend to Scotland or to Northern Ireland.

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Amendments (Textual)

Modifications etc. (not altering text)

C52Power of appointment conferred by s. 43(2) fully exercised: S.I. 1974/335, 1977/943 and 1978/1583

SCHEDULES

Sections 1, 6 and 8.

SCHEDULE 1E+W Termination or Modification of Certain Existing Grants

Part IE+W

1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F286

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Amendments (Textual)

Part IIE+W Existing Grants for Highways and Public Transport

6Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F287

(b)to make grants to a Passenger Transport Executive under section 20(8) of the M7Transport Act 1968 (towards expenditure incurred by the Executive for certain areas in pursuance of agreements with the Railways Board for the provision of railway passenger services), and

(c)to make grants to any person under section 56(1) of the Transport Act 1968 (towards capital expenditure incurred or to be incurred in the provision, improvement or development of facilities for public passenger transport),

shall cease to be exercisable except in cases where it appears to the Secretary of State that, notwithstanding the grants for which provision is made in Part I of this Act, the whole or any part of any expenditure in respect of which any such advances or grants as are referred to in . . . F288, paragraph (b) or paragraph (c) above could be made should not fall on the local highway authority, Passenger Transport Executive or other person concerned.

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Amendments (Textual)

Marginal Citations

7No grants shall be paid under section 34(2) of the Transport Act 1968 (towards expenditure incurred by local authorities in making grants to provide assistance for rural bus or ferry services and in the provision of such ferry services) in respect of expenditure incurred in connection with the provision, improvement or continuance, after the end of the year 1974-75, of any bus service or ferry service, within the meaning of that Act.

8(1)In any case where it appears to the Secretary of State—E+W

(a)that any person other than a local authority, a Passenger Transport Executive or [F289London Regional Transport] has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and

(b)that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,

then, notwithstanding anything in paragraph 6 above, the Secretary of State may, on or after 1st April 1975, make to that person under that section any grant which he considers appropriate in the light of that undertaking.

(2)In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.

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Amendments (Textual)

F289Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 11(a)

9(1)In any case where it appears to the Secretary of State—E+W

(a)that a Passenger Transport Executive . . . F290 has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the M8Transport Act 1968, and

(b)that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,

the Secretary of State shall, as soon as practicable after 1st April 1975, give notice in writing to the appropriate local authority specifying the purpose of the expenditure, the Executive carrying it out and particulars of the grant or grants to which the undertaking relates, including the terms and conditions upon which the grant or grants were to be made and details of the amount or proportion thereof already paid at that date.

(2)An authority to whom a notice is given under sub-paragraph (1) above shall make to the Executive specified in the notice payments under subsection (2) of section 56 of the Transport Act 1968—

(a)corresponding in amount to the payments which, in accordance with the particulars specified in the notice, would have been made under the grant or grants concerned, and

(b)on terms and conditions corresponding, as near as may be, to those so specified,

and, in relation to the authority, expenditure for the purpose specified in the notice shall be conclusively presumed for the purposes of that subsection to be expenditure towards which payments may be made under that subsection.

(3)In sub-paragraph (1) above “the appropriate local authority”, in relation to a Passenger Transport Executive, means the county council which is the Passenger Transport Authority for the Executive’s area . . . F291

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Amendments (Textual)

F290Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(b), Sch. 7

F291Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(c), Sch. 7

Marginal Citations

Part IIIE+W Existing Grants for Other Specific Purposes

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F292

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Amendments (Textual)

11(1)The Secretary of State may from time to time, by order made by statutory instrument, provide that, with effect from such year as may be specified in the order, no grant shall be paid under any such local authority grant provision as may be so specified or that no grant shall be so paid except in respect of expenditure of a description so specified.E+W

(2)In this paragraph “local authority grant provision” means an enactment providing for the payment of grants to local authorities (within the meaning of the enactment concerned) in respect of expenditure incurred in connection with a specific function.

(3)An order under this paragraph may contain such provisions as appear to the Secretary of State to be necessary or proper in consequence of the termination of the grants, including provision amending, repealing or revoking, with or without savings, any enactment or instrument made under an enactment.

(4)No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.

Section 2.

F293SCHEDULE 2E+W Elements of Rate Support Grants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

SCHEDULE 3E+W . . . F294

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Amendments (Textual)

Section 23.

SCHEDULE 4E+W [F295The Commission]

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Amendments (Textual)

Modifications etc. (not altering text)

C53Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

DisqualificationsE+W

1(1)A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—E+W

(a)he is disqualified for being elected, or being, a member of [F296 any authority to which Part 3 of this Act applies ] ; or

(b)he is a member of any of those authorities F297....

(2)A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner [F298

(a)has been a member of that authority,

(b)has taken action on behalf of that authority in the exercise of any of their functions, or

(c)has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.]

(3)The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F299... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

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Amendments (Textual)

[F3002AA Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—

(a)while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—

(i)matters relating to the authority, or

(ii)matters of a description which may include matters relating to the authority, and

(b)for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).]

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Amendments (Textual)

F3002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Remuneration, etc.E+W

3(1)[F301The Commission] shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State mayF302...determine.E+W

(2)If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, [F303the Commission] may pay to that person a sum of such amount as the Secretary of State mayF304... determine.

[F305(3)Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.]

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Amendments (Textual)

Staff and accommodationE+W

4(1)[F306The Commission] may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.E+W

(2)[F307The Commission] shall make arrangements to enable Local Commissioners to investigate [F308 matters ] , and in particular arrangements for—

(a)allocating members of their staff to assist Local Commissioners, and

(b)providing offices and other accommodation.

(3)An officer of [F309the Commission] shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.

F310(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F311(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F312[F313(6)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Proceedings of [F314the Commission] E+W

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Amendments (Textual)

F314Words in Sch. 4 para. 5 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(6) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

5(1)[F315The Commission] may determine their own procedure, including the quorum necessary for their meetings.E+W

(2)The validity of any proceedings of [F316the Commission ] shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.

(3)[F317The Commission] shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.

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Amendments (Textual)

[F318 Expenses of [F319the Commission] E+W

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Amendments (Textual)

F318Sch. 4 paras. 6–8 substituted for paras. 6–11 by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 24(1)(3)

F319Words in Sch. 4 para. 6 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(8) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

6(1)[F320the Commission F321...] shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 (“the 1988 Act”), and those sections shall accordingly have effect with the following modifications.E+W

(2)Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of [F322the Commission F323...] together with any observations thereon made and submitted to him in accordance with paragraph 7 below.

(3)The Secretary of State may also take into account any other information available to him as to the expenses of [F324the Commission F325...], whatever its source.

(4)A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.

F326(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F326 Sch. 4 para. 6A substituted for Sch. 4 para. 6(5) (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(3) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C54Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4

F3276A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7(1)[F328The Commission] shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State.E+W

(2)[F328The Commission] shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives.

(3)Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission’s estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State.

(4)[F328The Commission] shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact.

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Amendments (Textual)

F328Words in Sch. 4 para. 7(1)(2)(4) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(11) (with s. 38); S.I. 2005/2800, arts. 3(b), 5(1)(3), Sch. 1 Pt. 2 (with art. 7)

8Where [F329the Commission F330...] fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to be such as he sees fit.]

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Amendments (Textual)

Modifications etc. (not altering text)

C55Sch. 4 para. 8 amended by S.I. 1981/327, rule 6

F3318A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F331Sch. 4 para. 8A repealed (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(13), Sch. 7 (with s. 38); S.I. 2005/2800, arts. 3(b), 5(1)(3), Sch. 1 Pt. 2 (with art. 7)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F332

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Amendments (Textual)

DelegationE+W

[F33313(1)Any function of a Commissioner may be discharged on the Commissioner's behalf—

(a)by any person authorised by the Commissioner to do so, and

(b)to the extent so authorised.

(2)Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.]

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Amendments (Textual)

F333Sch. 4 para. 13 and cross-heading inserted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 181, 245(5); S.I. 2008/917, art. 2(1)(m) (with art. 6(5))

Section 26.

SCHEDULE 5E+W Matters not Subject to Investigation

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Modifications etc. (not altering text)

C56Sch. 5 amended by S.I. 1988/242, art. 2

1The commencement or conduct of civil or criminal proceedings before any court of law.

2Action taken by [F334 or on behalf of ] any [F335police] authority in connection with the investigation or prevention of crime.

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Amendments (Textual)

F335Word inserted by S.I. 1988/242, art. 2

[F3363(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—E+W

(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.]

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Amendments (Textual)

F336Sch. 5 para. 3 substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

4Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

5F337(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)Any action concerning—

(a)the giving of instruction, whether secular or religious, or

(b)conduct, curriculum, internal organisation, management or discipline,

[F338in any school or other educational establishment maintained by the authority].

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Amendments (Textual)

[F3396Action taken by [F340 or on behalf of ] an authority mentioned in section 25(1)(ba) [F341or (bb)] of this Act which is not action in connection with functions in relation to housing.]

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Amendments (Textual)

F341Words in Sch. 5 para. 6 substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

7Action taken by [F342 or on behalf of ] an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.

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Amendments (Textual)

[F3438Action taken by [F344 or on behalf of ] the Urban Regeneration Agency which is not action in connection with functions in relation to town and country planning.]

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Amendments (Textual)

F343Sch. 5 para. 8 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(3); S.I. 1993/2762, art.3.

Section 35.

SCHEDULE 6E+W RELAXATION AND REMOVAL OF CONTROLS

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Modifications etc. (not altering text)

C57The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactment relating to local authority functionAmendment
1. Section 94 of the M9Public Health Act Amendment Act 1907 (power of local authorities to licence pleasure boats and boatmen).In subsection (1), for the words from “annual fees” to the end of the subsection there shall be substituted the words “for each type of licence such annual fee as appears to them to be appropriate”.
2.—(1) Section 1 of the M10Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals).

In subsection (2), for the words “the prescribed fee” there shall be substituted the words “such fee as appears to the local authority to be appropriate” ; in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, shall be omitted; in subsection (7) the words “subject to payment of the prescribed fee” shall be omitted; and at the end of the section there shal be added the following subsection :

“(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”.

(2) Section 5(3) of that Act (expenses of local authorities, etc.).The words from “and the fee for registration” to the end shall be omitted.
3. . . . F345 . . . F345
4. Section 3 of the M11Civic Restaurants Act 1947 (financial provisions).In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from “and the form of the account” to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from “and if the account” to the end of the subsection shall be omitted.
5. . . . F346 . . . F346
6.—(1) Section 64 of the M12National Parks and Access to the Countryside Act 1949 (power of local planning authority to male access agreements with landowners in theri area).In subsection (1) the words “with the approval of the Minister” shall be omitted.
(2) Section 65 of that Act (power of local planning authorities to make access orders).Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted.
(3) Section 104 of that Act (general provisions as to appropriation and disposal of land).Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted.
(4) Section 105 of that Act (default powers of Secretary of State).The section shall cease to have effect.
7. . . . F347 . . . F347
8. Section 1 of the M13Pet Animals Act 1951 (licensing of pet shops by local authorities).In subsection (2), as originally enacted, the words “not exceeding ten shillings” shall be omitted.
9. . . . F348 . . . F348
10. Section 6 of the M14Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft).

The words from the beginning to “may authorise” shall be omitted ; for the words “to make and recover charges” there shall be substituted the words “may impose such charges as appear to the authority to be appropriate” ; and for the words “any such Order in Council” there shall be substituted the words “ any Order in Council under section 23 of the Prevention of Damage by Pests Act 1949 ”.

11. . . . F349 . . . F349
Subsection (3) (advertisement of local authority’s intention to apply for Minister’s approval) shall be omitted.
12. . . . F350 . . . F350
13. Schedule 2 to the M15Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons).In paragraph 3, sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words “Provided that where” there shall be substituted the words “unless the council are satisfied that” and the words from “the Minister” to the end of the sub-paragraph shall be omitted.
14. Section 2 of the M16Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area).Subsections (2) and (3) (consent of the Secretary of State required for local authorities to develop land) shall be omitted.
15. . . . F351 . . . F351
16. Schedule 12 to the M17London Government Act 1963 (licensing of public entertainments in Greater London).In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainment to be such as the Greater London Council may fix. within specified limits) the words from “not exceeding” to the end of the paragraph shall be omitted.
17. Section 1 of the M18Animal Boarding Establishments Act 1963 (licensing by local authorites of boarding establishments for animals).In subsection (2), as orignally enacted, the words “not exceeding ten shillings” shall be omitted.
18. Section 1 of the M19Riding Establishments Act 1964 (licensing of riding establishments by local authorities).In subsection (2), for the words from “and on payment” to “grant” there shall be substituted the words “grant, on payment of such fee as may be determined by the local authority”.
19.—(1) Section 5 of the M20Plant Health Act 1967 (execution of Act by local authorities).In subsection (2) (local authorites to keep certain records in such manner and form as competent authority may direct), the words from “in such manner” to “direct” shall be omitted.
(2) Section 6 of that Act (publication of orders).In subsection (3) (local authoritites to publish orders in such manner and form as competent authority directs) the words from “in such manner as the competent authority directs” to “such direction” shall be omitted.
20. . . . F352 . . . F352
21. . . . F353 . . . F353
22.—(1) Section 10 of the M21Transport Act Act 1968 (general powers of the Passengers Transport Executive).In subsection (1)(xvi) (power with Passenger Transport Authority’s approval and Secretary of State’s consent, to make arrangements for transfer of part of the Executive’s undertaking of property to persons who have agreed to carry on any of the Executive’s activities) the words “and the consent of the Minister” shall be omitted.
(2)Section 11 of that Act (financial duty of Executive).Subsection (4) (Executive to submit to Secretary of State statement of Executive’s proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted.
(3) Section 12 of that Act (borrowing powers of Executive).In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State’s consent, to borrow money for that purpose) the words “with the consent of the Minister” shall be omitted.
(4) Section 13 of that Act (power fot Authority to precept for Executive).Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted.
(5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities).In subsection (2), in paragraph (c), the final word “and” and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State’s powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted.
(6) Section 18 of that Act (planning of passenger transport services in designated areas).In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted.
(7) . . . F354 . . . F354
(8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas).In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted.
(9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages).In subsection (2), the words “subject to subsection (3) of this section” and subsections (3) to (8) (control of Secretary of State over exercise of local authorities’ powers) shall be omitted.
(10) Section 37 of that Act (power of local authorities, with the Secretary of State’s consent, to acquire or dispose of public service vehicle undertakings).In subsection (1), the words from “with the consent” to “Secretary of State” and subsection (2) (terms on which consent may be given) shall be omitted.
(11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions).Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted.
(12) Part III of Schedule 5 to that Act (matters which may be dealt with an order designating a passenger transport area).Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted.
23. . . . F355 . . . F355
24.F356...F356. . .
F356. . .F356. . .
25. . . . F355 . . . F355
26.—(1) Section 18 of the M22Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses).In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words “with the approval of the Minister” shall be omitted and subsections (3) to (5) (advertisement of local authority’s intention to apply for Minister’s approval and provisions as to public inquiries) shall be omitted.
(2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence).For the words from “a fee”, in the first place where they occur, to “5p” there shall be substituted the words “such fees as appear to them to be appropriate for the grant and”.
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Amendments (Textual)

F347Sch. 6 para. 7 repealed by Animal Health Act 1981 (c. 22), Sch. 6

F349Sch. 6 para. 11 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

F350Sch. 6 para. 12 repealed by Highways Act 1980 (c. 66), Sch. 25

F356Sch. 6 para. 24 repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 199, Sch. 7; S.I. 2005/3056, art. 1(2), 2(2) (with art. 4)

Marginal Citations

Section 42.

SCHEDULE 7E+W MINOR AND CONSEQUENTIAL AMENDMENTS

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F357

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Amendments (Textual)

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F358

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Amendments (Textual)

3—10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F359

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Amendments (Textual)

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F360

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Amendments (Textual)

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F361

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Amendments (Textual)

The Water Act 1973 M23E+W

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Marginal Citations

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F362

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Amendments (Textual)

14In Schedule 6 to that Act, in paragraph (c) after the words “transitional period” there shall be inserted the words “in respect of which no provision is made by agreement under section 32A of this Act” and at the end of the said paragraph (c) there shall be inserted the following paragraph :—

(cc)without prejudice to the generality of paragraph (c) above, for the demand, collection and recovery by a local authority of any such amount as is mentioned in that paragraph in like manner as, and together with, any amount due to the authority in respect of the general rate and for the extension of section 113 of, and the modification of Schedule 12 to, the General Rate Act 1967 (power to make rules, and forms of documents) to take account of any such provision made by the order..

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Modifications etc. (not altering text)

C58The text of Sch. 7 paras. 14 and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Breeding of Dogs Act 1973 M24E+W

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Marginal Citations

15(1)Section 4 of the Breeding of Dogs Act 1973 (which confers power on a local authority to prosecute for certain offences but is rendered unnecessary by section 111 of the Local Government Act 1972) shall cease to have effect.E+W

(2)In section 5(2) of that Act, in the definition of local authority, after the word “means” there shall be inserted the words “ in England and Wales ” and for the words from “or of a district” to “Wales)” there shall be substituted the words “ the council of a district ”.

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Modifications etc. (not altering text)

C59The text of Sch. 7 paras. 14 and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 42.

SCHEDULE 8E+W Enactments Repealed

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Modifications etc. (not altering text)

C60The text of Schedule 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

ChapterShort TitleExtent of Repeal
15 & 16 Geo. 5. c. 38.The Performing Animals (Regulation) Act 1925.In section 1, in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, and in subsection (7) the words “subject to payment of the prescribed fee”.
In section 5, in subsection (3) the words from “and the fee for registration” to the end of the subsection.
26 Geo. 5. & 1 Edw. 8. c. 49.The Public Health Act 1936.Section 292.
10 & 11 Geo. 6. c. 22.The Civic Restaurants Act 1947.In section 3, in subsection (1) the words from “and the form of the account” to the end of the subsection, and in subsection (2) the words from “and if the account” to the end of the subsection.
11 & 12 Geo. 6. c. 26.The Local Government Act 1948.Section 138(2).
12, 13 & 14 Geo. 6. c. 55.The Prevention of Damage by Pests Act 1949.In section 7(2) the words “two hundred and ninety-two” and the words “for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act”.
12, 13 & 14 Geo. 6. c. 97.The National Parks and Access to the Countryside Act 1949.In section 64(1) the words “with the approval of the Minister”.
Section 65(6).
In section 97, in subsection (1), paragraphs (a) and (b), and in paragraph (c) the words from “and under” to the end of the paragraph, and subsections (6) and (7).
Section 98.
In section 104, subsections (7) and (8).
Section 105.
14 Geo. 6. c. 36.The Diseases of Animals Act 1950.In section 43 the words “with the sanction of the Minister”.
Section 61(7).
14 & 15 Geo. 6. c. 35.The Pet Animals Act 1951.In section 1(2), as originally enacted, the words “not exceeding ten shillings”.
14 & 15 Geo. 6. c. 60.The Mineral Workings Act 1951.In section 19, in subsection (2) the words from “but the local authority” to the end of the subsection, and subsection (4).
2 & 3 Eliz. 2. c. 68.The Pests Act 1954.In section 6 the words from the beginning to “may authorise”.
4 & 5 Eliz. 2. c. 16.The Food and Drugs Act 1955.In section 80, in subsection (1) the words “with approval of the Minister”, and subsection (3).
7 & 8 Eliz. 2. c. 25.The Highways Act 1959.In section 124, in subsection (2), and in subsection (3) the words from “or, in a case where” to “so extended” and the words from “or, if an appeal” to the end of the subsection.
In section 174(2)(b) the words from “which may include” to “and notices”.
8 & 9 Eliz. 2. c. 62.The Caravan Sites and Control of Development Act 1960.In Schedule 2, in paragraph 3, in sub-paragraph (1) the words from “the Minister” to the end of the sub-paragraph.
1963 c. 29.The Local Authorities (Land) Act 1963.In section 2, subsections (2) and (3).
1963 c. 31.The Weights and Measures Act 1963.In section 4(2) the words “and approved for the purpose by the Board”.
In section 5(3) the words “and approved for the purpose of the Board”.
In section 44(1) the words “with the consent of the Board”.
1963 c. 33.The London Government Act 1963.In Schedule 12, in each of paragraphs 3 and 6, the words from “not exceeding” to the end of the paragraph.
1963 c. 43.The Animal Boarding Establishments Act 1963.In section 1(2), as originally enacted, the words “not exceeding ten shillings”.
1966 c. 9.The Rating Act 1966.Section 9.
Section 1