Local Government Act 1974 (c. 7)

SCHEDULES

Section 26.

SCHEDULE 5 E+W Matters not Subject to Investigation

Modifications etc. (not altering text)

C1 Sch. 5 amended by S.I. 1988/242, art. 2

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

2 E+W Action taken by any [F1 police] authority in connection with the investigation or prevention of crime.

Textual Amendments

F1 Word inserted by S.I. 1988/242, art. 2

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. E+W

(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 [F2 other than transactions relating to the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or the attachment of any condition to such a licence].

(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 [F3 or the provision of moorings (not being moorings provided in connection with a dock or harbour undertaking)]; 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.

Textual Amendments

F2 Words in Sch. 5 para. 2(2) inserted (28.4.1993) (with the view mentioned in art. 2 of S.I. 1993/940) by S.I. 1993/940, art. 2(i).

F3 Words in Sch. 5 para. 2(3)(a) inserted (28.4.1993) (with the view mentioned in art. 2 of S.I. 1993/940) by S.I. 1993/940, art. 2(ii).

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

5 F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) Any action concerning—

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

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

[F5 in any school or other educational establishment maintained by the authority].

Textual Amendments

F4 S. 5(1) repealed (1.10.1998) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

F5 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 71

[F6 6 E+W Action taken by an authority mentioned in section 25(1)(ba) [F7 or (bb)] of this Act which is not action in connection with functions in relation to housing.]

Textual Amendments

F6 Sch. 5 paras. 6 and 7 inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 10

F7 Words in Sch. 5 para. 6 substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

7 E+W Action taken by an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.

[F8 8 E+W Action taken by the Urban Regeneration Agency which is not action in connection with functions in relation to town and country planning.]

Textual Amendments

F8 Sch. 5 para. 8 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(3); S.I. 1993/2762, art.3.