4E+WPart 3 of the Local Government Act 1974 is amended as follows.
Commencement Information
I1Sch. 5 para. 4 in force at 1.10.2010 by S.I. 2010/1863, art. 2
5(1)Section 23 (the Commission for Local Administration) is amended as follows.E+W
(2)In subsection (1), after “this Part” insert “ and Part 3A ”.
(3)In subsection (11), after “functions” insert “ (other than those under Part 3A of this Act) ”.
Commencement Information
I2Sch. 5 para. 5 in force at 1.10.2010 by S.I. 2010/1863, art. 2
6E+WIn section 23A(1) (annual reports for representatives etc.), after “functions” insert “ (other than those under Part 3A of this Act) ”.
Commencement Information
I3Sch. 5 para. 6 in force at 1.10.2010 by S.I. 2010/1863, art. 2
7E+WIn section 26D(1)(a) (matters coming to attention of Local Commissioner), after “this Part” insert “ or Part 3A ”.
Commencement Information
I4Sch. 5 para. 7 in force at 1.10.2010 by S.I. 2010/1863, art. 2
8(1)Section 29 (investigations under Part 3: further provisions) is amended as follows.E+W
(2)For subsection (5) substitute—
“(5)Nothing in subsection (1) or subsection (3) above affects the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.”
(3)In subsection (6A), after “under this” insert “ Part of this ”.
Commencement Information
I5Sch. 5 para. 8 in force at 1.10.2010 by S.I. 2010/1863, art. 2
9E+WIn section 30(1) (reports on investigations under Part 3), after “matter” insert “ under this Part of this Act ”.
Commencement Information
I6Sch. 5 para. 9 in force at 1.10.2010 by S.I. 2010/1863, art. 2
10E+WIn section 32(2) (law of defamation), after paragraph (a) insert—
“(aza)for the purposes of an investigation under Part 3A of this Act and of any statement, adverse findings notice or summary under section 34H, 34I or 34J in relation to such an investigation; or”.
Commencement Information
I7Sch. 5 para. 10 in force at 1.10.2010 by S.I. 2010/1863, art. 2
11(1)Section 33ZA (collaborative working between Local Commissioners and Other Commissioners) is amended as follows.E+W
(2)In subsection (1), after “under this” (in both places where it occurs) insert “ Part of this ”.
(3)In subsection (3)—
(a)after “his jurisdiction” insert “ by virtue of this Part ”,
(b)after “under this” insert “ Part of this ”.
(4)In subsection (4), after “under this” insert “ Part of this ”.
Commencement Information
I8Sch. 5 para. 11 in force at 1.10.2010 by S.I. 2010/1863, art. 2
12E+WIn Schedule 4 (the Commission), in paragraph 1, after sub-paragraph (2) insert—
“(2A)A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions.
(2B)In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.”
Commencement Information
I9Sch. 5 para. 12 in force at 1.10.2010 by S.I. 2010/1863, art. 2