Local Government (Scotland) Act 1975

31 Consultation between Commissioner, the Parliamentary Commissioner and the Health Service Commissioner. S

(1) If, at any stage in the course of conducting an investigation under this Part of this Act, the Commissioner forms the opinion that the complaint relates partly to 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, or

(b) by the Health Service Commissioner for Scotland in accordance with [F1 the Act of 1993],

he shall consult with the appropriate Commissioner about the complaint and, 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 or under [F1 the Act of 1993], as the case may be.

(2) Where, by virtue of subsection (1) above, the Commissioner consults the Parliamentary Commissioner or the Health Service Commissioner in relation to a complaint under this Part of this Act, he may consult that Commissioner about any matter relating to the complaint, including—

(a) the conduct of any investigation into the complaint, and

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

[F2 (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 an investigation under this Part of this Act, he shall consult with the Commissioner about the complaint and, if he considers it neccessary, inform the person initiating the complaint F3 . . . of the steps neccessary to initiate a complaint under this Part of this Act.

(4) Where, by virtue of subsection (3) above, the Commissioner is consulted about a complaint under the Act of 1967 F4 . . ., 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, [F5 in section 15 of the Act of 1993], or in section 30(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information by any of the Commissioners mentioned in this section, or by any of their officers, in the course of consultations held in accordance with this section.

(6) In this section the “ M1 Act of 1967” means the Parliamentary Commissioner Act 1967 and [F6 the “Act of 1993” means the Health Service Commissioners Act 1993.]

Textual Amendments

F1 Words in s. 31(1) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 6(2) (with s. 3(4)).

F2 Words in s. 31(3) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 6(3)(a) (with s. 3(4)).

F3 Words in s. 31(3) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 6(3)(b) Sch. 3 (with s. 3(4)).

F4 Words in s. 31(4) repealed (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 6(4)(with s. 3(4)).

F5 Words in s. 31(5) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 6(5)(with s. 3(4)).

F6 Words in s. 31(6) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 6(6)(with s. 3(4)).

Modifications etc. (not altering text)

C1 S. 31(1)-(5) extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(3); S.I. 1998/3178, art. 3

Marginal Citations

M1 1967 c. 13.