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.