Part 9The Commission for Local Administration in England

I1172Authorities subject to investigation

1

Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.

2

In subsection (4), for paragraphs (b) and (c) substitute—

b

to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),

and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.

3

After subsection (4) insert—

4ZA

Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.

4

In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).

5

Omit subsection (4B) (sub-committees of the London Transport Users Committee).

6

In subsection (5)—

a

in paragraph (c), after “constituted” insert “ by the authority ”;

b

in paragraph (d), after first “school” insert “ maintained by the authority ”;

c

in paragraph (e), after “constituted” insert “ by the authority ”.

7

After subsection (5) insert—

6

Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.

7

For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—

a

on behalf of the authority, and

b

in the exercise of the authority's function.

8

Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.