Part 9

The Commission for Local Administration in England

Matters subject to investigation
173
1
Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).
2
For subsection (1) substitute—
1
For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—
a
alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;
b
an alleged or apparent failure in a service which it was the authority's function to provide;
c
an alleged or apparent failure to provide such a service.
1A
Subsection (1) is subject to the following provisions of this section.
3
Omit subsections (2) to (4) (procedure for making complaints).
4
In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—
3
1
Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—
a
the operation of public passenger transport;
b
the carrying on of a dock or harbour undertaking;
c
the provision of entertainment;
d
the provision and operation of industrial establishments;
e
the provision and operation of markets.
2
Sub-paragraph (1) does not include transactions for or relating to—
a
the acquisition or disposal of land;
b
the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.
3
Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.
4
Sub-paragraph (1)(e) does not include transactions relating to—
a
the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or
b
the attachment of any condition to such a licence.
S. 173 in force at 1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008 by S.I. 2008/917, art. 2(1)(i) (with art. 6(5))