C1C2C3C4C5C6C8C7C9C10C11 Part III Local Government Administration
Power 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)
Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).
Pt. 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
Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2
Pt. III extended (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 24
Pt. III extended (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 24
Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4)
Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f)
Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
26CF1Referral of complaints by authorities
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.
F4d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3e
in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a member of a constituent council of the board;
f
in relation to a combined authority established under section 103 of that Act, a member of a constituent council of the authority.
F6g
in relation to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a member of a constituent council of the authority;
F27
For the purposes of subsection (6)(e)—
a
a county council is a constituent council of an economic prosperity board if the area of the county council, or part of that area, is within the area of the board;
b
a district council is a constituent council of an economic prosperity board if the area of the district council is within the area of the board.
8
For the purposes of subsection (6)(f)—
a
a county council is a constituent council of a combined authority if the area of the county council, or part of that area, is within the area of the combined authority;
b
a district council is a constituent council of a combined authority if the area of the district council is within the area of the combined authority.
F59
For the purposes of subsection (6)(g)—
a
a county council is a constituent council of a combined county authority if the area of the county council, or part of that area, is within the area of the combined county authority;
b
a district council is a constituent council of a combined county authority if the area of the district council is within the area of the combined county authority.
Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L