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Local Government Act 1974

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This is the original version (as it was originally enacted).

Schedule 5Matters not Subject to Investigation

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

2Action taken by any authority in connection with the investigation or prevention of crime.

3(1)Action taken in matters relating to contractual or other commercial transactions of any authority to which Part III of this Act applies, including transactions falling within sub-paragraph (2) below but excluding transactions falling within sub-paragraph (3) below.

(2)The transactions mentioned in sub-paragraph (1) above as included in the matters which, by virtue of that sub-paragraph, are not subject to investigation are all transactions of an authority to which Part III of this Act applies relating to the operation of public passenger transport, the carrying on of a dock or harbour undertaking, the provision of entertainment, or the provision and operation of industrial establishments and of markets.

(3)The transactions mentioned in sub-paragraph (1) above as not included in those matters are—

(a)transactions for or relating to the acquisition or disposal of land; and

(b)all transactions (not being transactions falling within sub-paragraph (2) above) in the discharge of functions exercisable under any public general Act, other than those required for the procurement of the goods and services necessary to discharge those functions.

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

5(1)Any action taken by a local education authority in the exercise of functions under section 23 of the Education Act 1944 (secular instruction in county schools and in voluntary schools).

(2)Any action concerning—

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

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

whether—

(i)in any school maintained by the authority, or

(ii)in any college of education or establishment of further education maintained by the authority.

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