Local Government and Public Involvement in Health Act 2007

172 Authorities subject to investigation

(1) Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.

(2) In subsection (4), for paragraphs (b) and (c) substitute—

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

and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.”

(3) After subsection (4) insert—

“(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.”

(4) In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).

(5) Omit subsection (4B) (sub-committees of the London Transport Users Committee).

(6) In subsection (5)—

(a) in paragraph (c), after “constituted” insert “by the authority”;

(b) in paragraph (d), after first “school” insert “maintained by the authority”;

(c) in paragraph (e), after “constituted” insert “by the authority”.

(7) After subsection (5) insert—

“(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.”