C1C2C3C4C5C6C8C7C9C10C11 Part III Local Government Administration

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2

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)

C3

Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4

Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5

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

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.