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Local Government Act 1974
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- 1974 c. 7
- Part III
- Section 33
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Changes to legislation:
Local Government Act 1974, Section 33 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 33:
- s. 33(1) word repealed by 2004 c. 34 Sch. 15 para. 7(3)(b) Sch. 16 (This amendment is not applied to legislation.gov.uk. Sch. 15 para. 7 repealed (1.4.2006) by 2005 c. 10, Sch. 7; S.I. 2005/2800, art. 5(1)(3))
- s. 33(1) words inserted by 2022 c. 30 Sch. 10 para. 2(2)(b)
- s. 33(2) word repealed by 2004 c. 34 Sch. 15 para. 7(4)(b) (This amendment is not applied to legislation.gov.uk. Sch. 15 para. 7 repealed (1.4.2006) by 2005 c. 10, Sch. 7; S.I. 2005/2800, art. 5(1)(3))
- s. 33(2) words inserted by 2022 c. 30 Sch. 10 para. 2(3)
- s. 33(4) words substituted by 2022 c. 30 Sch. 10 para. 2(5)(a)
- s. 33(4) words substituted by 2022 c. 30 Sch. 10 para. 2(5)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(bzb) inserted by 2022 c. 30 Sch. 10 para. 2(2)(a)
- s. 33(3B) inserted by 2022 c. 30 Sch. 10 para. 2(4)
- s. 33ZA(1)(d) and word inserted by 2022 c. 30 Sch. 10 para. 3(2)(b)
- s. 33ZA(3)(d) and word inserted by 2022 c. 30 Sch. 10 para. 3(4)(b)
- s. 33ZB(4)(e)(f) inserted by 2022 c. 30 Sch. 10 para. 4(b)
33 Consultation between Local Commissioner, [F1the Parliamentary Commissioner and the Health Service Commissioners] [F1and other Commissioners and Ombudsmen].W
(1)If, at any stage in the course of conducting an investigation under this Part of this Act, a Local Commissioner forms the opinion that [F2 the matters which are the subject of the investigation include ] 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,
F3(aza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5...
(b)by the Health Service Commissioner for England F6..., in accordance with [F7the Act of 1993,]
[F8or
[F9(bza)by a housing ombudsman under the Housing Act 1996,]
[F10(ba)by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;]
(c)by the Scottish Public Services Ombudsman in accordance with the Act of 2002,]
he shall consult with the appropriate Commissioner [F11or F12... Ombudsman] [F13 about the matter and, where a complaint was made about the matter, he shall ] , 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 , F14... [F15the Act of 1993 [F16, the Public Services Ombudsman (Wales) Act 2005] or under the Act of 2002] , as the case may be.
(2)Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, [F17 a housing ombudsman, ] [F18the Public Services Ombudsman for Wales] [F19, the Scottish Public Services Ombudsman] or [F20the Health Service Commissioner for England] in relation to [F21 a matter under investigation under this Part of this Act ] , he may consult that Commissioner [F22or [F23that Ombudsman]] about [F24 anything relating to the matter ] , including—
(a)the conduct of any investigation into the [F25 matter ] , and
(b)the form, content and publication of any report of the results of such an investigation.
[F26(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 investigation under this Part of this Act, he shall consult with the appropriate Local Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint F27. . . of the steps necessary to initiate a complaint under this Part of this Act.
[F28(3A)If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.]
(4)Where, by virtue of subsection (3) [F29 or (3A) ] above, a Local Commissioner is consulted about a complaint under the Act of 1967 [F30 or under the Housing Act 1996 ] F31. . ., 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, F32... in [F33section 15 of the Act of 1993], [F34in] [F35section [F3634X] of the Public Services Ombudsman (Wales) Act 2005] [F37, in section 19 of the Act of 2002] or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information [F38. . .] in the course of consultations held in accordance with this section.
(6)In this section the “Act of 1967” means the M1Parliamentary Commissioner Act 1967 and [F39the “Act of 1993” means the Health Service Commissioners Act 1993.] [F40and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002]
Textual Amendments
F1Words in s. 33 sidenote substituted (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 7(2); S.I. 2005/1814, arts. 1(2), 2(f)(ii)
F2Words in s. 33(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F3S. 33(1)(aza) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F4S. 33(1)(aa) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F5Word in s. 33(1)(aa) omitted (14.7.2004) by virtue of Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(i)
F6Words in s. 33(1)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F7Words in s. 33(1) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(2).
F8S. 33(1)(c) and word inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(ii)
F9S. 33(1)(bza) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(a), 240(2); S.I. 2013/722, art. 2(d)
F10S. 33(1)(ba) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(c) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F11S. 33(1)(aa) and words in s. 33(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F12Word in s. 33(1) omitted (14.7.2004) by virtue of Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(iii)
F13Words in s. 33(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(2)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F14Words in s. 33(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(d), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F15Words in s. 33(1) substituted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(iv)
F16Words in s. 33(1) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(e) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F17Words in s. 33(2) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(b), 240(2); S.I. 2013/722, art. 2(d)
F18Words in s. 33(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F19Words in s. 33(2) inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(b)(i)
F20Words in s. 33(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(3)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F21Words in s. 33(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(3)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F22Words in s. 33(2) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(3)(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F23Words in s. 33(2) substituted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(b)(ii)
F24Words in s. 33(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(3)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F25Word in s. 33(2)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(3)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F26Words in s. 33(3) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(3)(a).
F27Words in s. 33(3) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(3)(b), Sch. 3.
F28S. 33(3A) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(c), 240(2); S.I. 2013/722, art. 2(d)
F29Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(d), 240(2); S.I. 2013/722, art. 2(d)
F30Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(e), 240(2); S.I. 2013/722, art. 2(d)
F31Words in s. 33(4) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(4), Sch. 3.
F32Words in s. 33(5) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(4)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F33Words in s. 33(5) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(5).
F34Words in s. 33(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(4)(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F35Words in s. 33(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(4)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F36Word in s. 33(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 7; S.I. 2014/2718, art. 2(b)
F37Words in s. 33(5) inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(c)
F38Words in s. 33(5) repealed (1.4.1999) by 1998 c. 38, s. 125, 152, Sch. 12 para. 17(4)(b), Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2
F39Words in s. 33(6) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(6).
F40Words in s. 33(6) inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(d)
Modifications etc. (not altering text)
C1S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
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