Modifications etc. (not altering text)
C1Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L
C2Power 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)
C3Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
C4Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).
C5Pt. 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
C6Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2
C7Pt. III extended (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 24
C8Pt. III extended (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 24
C9Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4)
C10Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f)
C11Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2
(1)In this Part of this Act, unless the context otherwise requires—
“action” includes failure to act, and other expressions connoting action shall be construed accordingly,
[F1“the Commission” means the Commission for Local Administration in England,]
[F2“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]
[F3“housing ombudsman” means a housing ombudsman under a scheme approved under Schedule 2 to the Housing Act 1996,]
“local authority” means a county council [F4in England] , . . . F5 a district council, [F6the Broads Authority] F7..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,
[F8“mayor and cabinet executive” [F9has] the same meaning as in Part II of the Local Government Act 2000;]
“member”,
F13...
[F13" person affected ”—
in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and
in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;]
“Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
“tribunal” includes the person constituting a tribunal consisting of one person.
[F15(1A)In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).]
(2)Section 269 of the M1Local Government Act 1972 (which relates to the meaning of “England” and “Wales” in Acts passed after 1st April 1974) shall apply to this Part of this Act as if it had been passed after that date.
(3)It is hereby declared that nothing in this Part of this Act authorises or requires a Local Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.
Textual Amendments
F1Words in s. 34(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F2S. 34(1): definition of
“executive”
and
“executive arrangements”
inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(2) and definition of “executive”and “executive arrangements”inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(2)
F3Words in s. 34(1) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(7), 240(2); S.I. 2013/722, art. 2(d)
F4Words in s. 34(1) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F5Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F6Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12
F7Words in s. 34(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)
F8S. 34(1): definition of “mayor and cabinet executive”and “mayor and council manager executive”inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(2)
F9Word in s. 34 substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 15(2)
F10S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))
F11Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))
F12Words in s. 34(1) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 10(a), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F13Words in s. 34(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 10(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F14Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II
F15S. 34(1A) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 178(2), 245(5); S.I. 2008/917, art. 2(1)(k)
Modifications etc. (not altering text)
C12S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3)
C13Ss. 31–34 modified by S.I. 1986/452, art. 8(3)
Marginal Citations