2.—(1) This Order applies to a complaint(“a transitional complaint”) such as is mentioned in section 26(1) of the 1974 Act, which relates to action (“specified action”) taken by or on behalf of ILEA in the exercise of its administrative functions before the abolition date.
(2) A Local Commissioner may investigate or, as the case may be, continue to investigate a transitional complaint notwithstanding the abolition of ILEA.
(3) Subject to paragraphs (4) and (5) below, sections 26 to 34 of the 1974 Act(1) shall apply to all investigations conducted by virtue of paragraph (2) above as if the specified action had been taken by or on behalf of the relevant authority (“the successor authority”) by whom the administrative functions in question are exercisable on and after the abolition date.
(4) Where the specified action relates exclusively to the exercise of administrative functions in connection with property which on the abolition date vests in a relevant authority other than the successor authority, paragraph (3) above shall have effect as if that other relevant authority were the successor authority.
(5) In relation to a transitional complaint made after the abolition date, references in section 26 of the 1974 Act to a member of an authority concerned shall be construed as a reference to a member of a local authority for the area in which the person aggrieved resides.
1974 c. 7; sections 26 to 34 were amended by the Local Government Act 1978 (c. 39), section 1; the Local Government, Planning and Land Act 1980 (c. 65), section 184(1); the Local Government Act 1985 (c. 51), Schedule 14, Part II, paragraph 51(b); the Local Government Act 1988 (c. 9), Schedule 3, paragraphs 5 to 8; and the Local Government and Housing Act 1989 (c. 42), sections 26, 28 and 32(1), Schedule 11, paragraphs 39 and 40 and Schedule 12, Part II.