Local Government Act 1974

Part I — Grants

Rate support grants

Reports on investigations: further provisions.

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Elements of rate support grants

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Rate support grant orders

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Variation of rate support grant orders

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Reduction of grants in case of default

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Grants for particular purposes

Supplementary grants for transport purposes

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In consequence of the introduction of supplementary grants for transport purposes and of the provisions of this Part of this Act relating to rate support grants, the provisions of Part II of Schedule I to this Act shall have effect with respect to certain grants under . . . the Transport Act 1968.

Supplementary grants towards expenditure with respect to National Parks

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Specific grants for purposes not covered by rate support grants

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The provisions of Part III of Schedule 1 to this Act shall have effect with respect to the termination of certain grants for specific purposes, other than highways and public transport.

Grants and loans by the Countryside Commission

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Supplementary

Supplementary provisions for Part I

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• (1) The following bodies are local authorities for the purposes of this Part of this Act, namely,—

• (a) the council of a county,

• (b) the Greater London Council,

• (c) the council of a district,

• (d) the council of a London borough,

• (e) the Common Council of the City of London, and

• (f) the Council of the Isles of Scilly,

...

• (2) In this Part of this Act —

• ...

• “year” means a period of twelve months beginning with 1st April.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Rating

The statutory rate rebate scheme

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• (1) The Secretary of State shall by regulations make, with the consent of the Treasury, a scheme (in this Part of this Act referred to as " the statutory rate rebate scheme ") for the grant by rating authorities to residential occupiers of rebates from rates calculated in accordance with the provisions of the scheme by reference to their needs and their resources.

• (2) The statutory rate rebate scheme shall have effect in respect of rebate periods beginning on or after 1st April 1974, and accordingly no person shall be entitled in respect of any such rebate period to a rate rebate under section 49 of the principal Act.

• (3) Without prejudice to the generality of the power conferred by subsection (1) above, the statutory rate rebate scheme may contain provisions corresponding, so far as the Secretary of State considers appropriate, to provisions of Part I of Schedule 3 or Part I of Schedule 4 to the Housing Finance Act 1972 (model schemes of rent rebates and rent allowances).

• (4) In this Part of this Act " rebate period " means such period as may be determined in accordance with the statutory rate rebate scheme, and that scheme may make provision for the determination of different periods in relation to different residential occupiers or different classes of residential occupiers.

Local rate rebate schemes

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• (1) Subject to the following provisions of this section, a rating authority may by resolution make for their area a scheme (in this Part of this Act referred to as a " local rate rebate scheme ") for the grant by the authority to residential occupiers of rebates from rates calculated in accordance with the provisions of the scheme by reference to their needs and resources.

• (2) A local rate rebate scheme may take the form of a scheme distinct from the statutory rate rebate scheme or may operate by way of variation of that scheme, and accordingly any reference in this Part of this Act to a local rate rebate scheme includes a reference to the statutory rate rebate scheme as so varied.

• (3) A local rate rebate scheme shall be so framed as to secure that, in the estimate of the rating authority,—

• (a) for any rebate period no person will be entitled under the scheme to a rate rebate less than that to which he would be entitled under the statutory rate rebate scheme; and

• (b) the total of the rebates which will be allowable under the local rate rebate scheme in any year will not exceed the permitted total of rebates for that year.

• (4) In relation to a local rate rebate scheme for any area, the permitted total of rebates for any year is 110 per cent. of the total of the rate rebates which (if the local rate rebate scheme had not been in force) would have been allowable in that year to residential occupiers in that area under the statutory rate rebate scheme.

• (5) A local rate rebate scheme may be revoked or varied by a further resolution of the rating authority and, except in so far as the Secretary of State otherwise directs,—

• (a) any such scheme and any variation thereof shall take effect with respect to any rebate period beginning on or after such date as may be specified in the rating authority's resolution, and

• (b) a resolution revoking a local rate rebate scheme shall take effect at the expiry of any rebate period which is current, or which expires, on such date as may be specified in the resolution,

and, as soon as practicable after a rating authority has passed a resolution making, varying or revoking a local rate rebate scheme, the authority shall send a copy of the resolution to the Secretary of State.

• (6) As soon as practicable after the end of any year in which a local rate rebate scheme has been in operation, and in any case not later than 31st July next following, the rating authority concerned shall send to the Secretary of State a certificate specifying—

• (a) the total amount of the rate rebates allowed in that year under the local rate rebate scheme, and

• (b) the permitted total of rebates for that year and, if the local rate rebate scheme was not in operation during the whole of that year, the fraction of that permitted total which corresponds to the fraction of the year during which the local scheme was in operation.

• (7) Where it appears from a certificate under subsection (6) above that the amount specified as mentioned in paragraph (a) of that subsection exceeds the permitted total or, as the case may be, the appropriate fraction of the permitted total referred to in paragraph (b) of that subsection, it shall be the duty of the rating authority to send to the Secretary of State, together with that certificate, a statement of—

• (a) their proposals for varying or revoking the local rate rebate scheme so as to secure that the total of the rate rebates allowed in the year following that to which the certificate relates will not exceed the permitted total of rebates for that year ; or

• (b) their reasons for believing that no change is necessary in the local rate rebate scheme in order to secure that result.

• (8) If the Secretary of State is of the opinion that any proposals made by a rating authority under subsection (7)(a) above will not secure the result (referred to in that subsection, or that some variation of a local sate rebate scheme will be required to secure that result, notwithstanding the contrary view expressed by a rating authority in a statement under subsection (7)(b) above, or if it comes to the knowledge of the Secretary of State that the condition in subsection (3)(a) above is not fulfilled with respect to the entitlement of any person to a rate rebate under a local rate rebate scheme, the Secretary of State may by order provide—

• (a) that from such date as may be specified in the order the local rate rebate scheme shall have effect subject to such variations as may be so specified and that, within such minimum period as may be specified, no other variations may be made in the scheme by the rating authority ; or

• (b) that the local rate rebate scheme shall be revoked with effect from such date as may be specified in the order and that no new local rate rebate scheme shall be brought into operation for the rating area concerned within such period as may be so specified.

Residential occupiers

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• (1) Subject to subsections (2) and (3) below, the following persons are residential occupiers for the purposes of this Part of this Act, namely,—

• (a) a person who is the occupier of, and resides or is usually resident in, a hereditament which is a dwelling-house and which at the relevant date has a rateable value not exceeding the specified limit;

• (b) a person who is the occupier of a hereditament which is not a dwelling-house, but who resides or is usually resident in a part of the hereditament which is used for the purposes of a private dwelling and has at the relevant date a rateable value not exceeding the specified limit;

• (c) a person who, not being the occupier of any such hereditament as is mentioned in paragraph (a) or paragraph (b) above, resides or is usually resident in a part of any such hereditament, which part is used for the purposes of a private dwelling and at the relevant date has a rateable value not exceeding the specified limit, and in respect of which he makes payments by way of rent to the occupier or any other person who is himself a residential occupier.

• (2) Where two or more persons are joint occupiers of a hereditament such as is mentioned in paragraph (a) or paragraph (b) of subsection (1) above, or joint tenants of such a part thereof as is mentioned in paragraph (c) of that subsection, then, for the purposes of rate rebates under the statutory rate rebate scheme or a local rate rebate scheme, the rating authority may treat one of those persons as if he were the sole occupier of the hereditament or, as the case may be, sole tenant of that part thereof.

• (3) For the purposes of paragraphs (b) and (c) of subsection (1) above, the rateable value on any day of part of a hereditament shall be taken to be such value as is found by a proper apportionment of the rateable value of the whole hereditament on that day; and any question arising under this subsection as to the proper apportionment of any rateable value shall be determined by the county court, whose decision shall be final.

• (4) In subsection (1) above,—

• (a) " the relevant date ", in relation to a person making an application for a rate rebate under the statutory rate rebate scheme or a local rate rebate scheme, means the beginning of the year in any part of which a rebate granted to him in pursuance of the application will be effective, and

• (b) " the specified limit", in relation to a hereditament, means such limit of rateable value as the Secretary of State may by order specify for the purposes of this section in relation to hereditaments in the rating area in which that hereditament is situated.

Supplementary provisions as to eligibility for rate rebates

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• (1) Subject to subsection (2) below, no residential occupier liable for rates in respect of a hereditament in any area shall be eligible to apply for a rate rebate under the statutory rate rebate scheme in respect of those rates for any rebate period during which a local rate rebate scheme is in operation in that area.

• (2) If any such residential occupier as is referred to in subsection (1) above shows to the satisfaction of the rating authority that the local rate rebate scheme does not in his case fulfil the condition in section 12(3)(a) above, he shall be eligible to apply for a rate rebate under the statutory rate rebate scheme and, if he makes such an application for any rebate period, he shall cease to be eligible to make an application for that period under the local rate rebate scheme.

• (3) If, in a case where a residential occupier is liable for rates in respect of a hereditament for a rate period beginning on or after 1st April 1974,—

• (a) the residential occupier is entitled to a rebate from those rates under the statutory rate rebate scheme or a local rate rebate scheme, and

• (b) the rating authority affords him relief in respect of those rates under section 53 of the principal Act (reduction or remission of payment of rates on account of poverty),

the rating authority shall grant him a rebate as mentioned in paragraph (a) above only if, and to the extent that, the amount of the rebate exceeds the aggregate amount afforded him as mentioned in paragraph (b) above.

• (4) In section 16(2) of the Ministry of Social Security Act 1966 (rate rebates to which persons in receipt of supplementary benefit might otherwise be entitled reduced if their requirements were determined without regard to any rate rebate) for the words " section 5 of the Rating Act 1966 " there shall be substituted the words " a scheme under section 11 or section 12 of the Local Government Act 1974 ".

Rating of unoccupied property

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• (1) In section 17 of the principal Act (rating of unoccupied property in accordance with Schedule 1 to that Act) in subsection (2)—

• (a) so much of paragraph (a) as provides that, except with the authority of the Secretary of State, a resolution providing that the provisions of Schedule 1 to that Act shall apply to an area may not take effect within the period of seven years beginning with the day on which those provisions ceased or last ceased to apply to that area, and

• (b) so much of paragraph (b) as provides that, except with the authority of the Secretary of State, a resolution providing that the provisions of Schedule 1 to that Act shall cease to apply to an area may not take effect within the period of seven years beginning with the day on which those provisions came or last came into operation in that area,

shall cease to have effect.

• (2) In subsection (5) of that section for the words " This section and the said Schedule 1 shall not apply to the Temples, and in their application " there shall be substituted the words " In the application of this section and the said Schedule 1 ".

• (3) In paragraph 1(1) of Schedule 1 to the principal Act (where, by virtue of a resolution under section 17 of that Act, that Schedule is in operation in any area, every relevant hereditament in that area which is unoccupied for a continuous period exceeding three months shall be rated in accordance with the provisions of that Schedule) after the words " in that area " there shall be inserted the words " or, if only a class or classes of relevant hereditament is or are for the time being specified by a resolution of the rating authority for the purposes of this paragraph, any relevant hereditament in that area which falls within that class or any of those classes ".

• (4) In sub-paragraph (2) of paragraph 1 of Schedule 1 to the principal Act (the amount of rates payable in respect of a vacant hereditament to be one-half of the amount which would be payable if the hereditament were occupied) for the words " one-half " there shall be substituted the words " the specified proportion " , and at the end of that sub-paragraph there shall be inserted the following sub-paragraph:—

(2A) In sub-paragraph (2) above ' the specified proportion ', in relation to a hereditament, means such proportion (which may be the whole or any less amount) as may be specified for the purposes of this sub-paragraph by a resolution of the rating authority for the rating area in which the hereditament is situated; and different proportions may be so specified in relation to different classes of hereditaments and in relation to hereditaments in different parts of the rating area.

• (5) After paragraph 3 of Schedule 1 to the principal Act there shall be inserted the following paragraph:—

(3A) Without prejudice to section 53 of this Act, a rating authority shall have power to reduce or remit the payment of any rates payable in respect of a hereditament by virtue of paragraph 1 of this Schedule if they consider that the payment would cause hardship to the person liable for those rates.

• (6) At the end of paragraph 14 of Schedule 1 to the principal Act there shall be added the following sub-paragraph:—

(2) In calculating any period for the purposes of this Schedule in relation to a hereditament which is of a class specified by the rating authority for the purposes of paragraph 1 above, any earlier period during which classes of relevant hereditament were, but no class comprising that hereditament was, so specified shall be disregarded.

Rating surcharge on unused office, etc., property

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The following sections shall be inserted after section 17 of the principal Act:—

(17A) (1) If for a continuous period exceeding six months a commercial building is not used for the purpose for which it was constructed or has been adapted, its owner shall pay in respect of that period (the 'period of non-use') a surcharge additional to the rates (if any) payable apart from this section. (2) Subsection (1) of this section shall not apply where— (a) the owner has tried his best to let the building, or (b) the condition of the building makes it unfit for use for the purpose for which it was constructed or has been adapted, and it cannot be rendered fit at a cost which is reasonable in relation to the value of that use. (3) Where the owner is in occupation of the building throughout the period of non-use, the surcharge shall be levied in the form of rates by doubling the normal rates for the first twelve months of the period of non-use, trebling the normal rates for the second twelve months, quadrupling the normal rates for the third twelve months, and so on progressively while the period of non-use lasts. In this subsection ' the normal rates', in relation to any period, means the rates payable in respect of that period apart from this section (taking rates as accruing uniformly from day to day); and where the period of non-use extends through part only of any twelve-month period, the surcharge shall be calculated by reference to the normal rates for that part. (4) Where the owner is not in occupation of the building throughout the period of non-use— (a) the amount of the surcharge shall be the same as it would have been if the owner had been in occupation of the building throughout the period of non-use, and (b) the surcharge shall be levied in the form of rates of that amount as if they were payable by the owner in respect of that occupation. (5) In determining whether or not the owner has tried his best to let the building, regard shall be had to the following, as well as other relevant factors— (a) the rent sought, compared with rents of similar properties in the area, (b) the other covenants and conditions required by the owner to be contained in any proposed lease, (c) whether or not the owner indicated to prospective lessees that he was prepared to let the building in parts, (d) the number and resources of the firms of estate agents retained for the purpose of letting the building, and (e) the nature and extent of advertising of the building by the owner or those agents. (17B) (1) A rating authority may serve a notice on the owner of any commercial building requiring him to make a written return containing such particulars as may be reasonably required by the authority for the purposes of section 17A of this Act; and subsections (3) to (6) of section 82 of this Act shall apply to a notice under this subsection as they apply to a notice under section 82, as if— (a) the reference in section 82(3) to the valuation officer were a reference to the rating authority, and (b) the penalties laid down by section 82(4) and (5) were— (i) on summary conviction, a fine not exceeding £400; and (ii) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both. (2) References in section 17A of this Act and this section to a commercial building are references to a hereditament (not being a dwellinghouse, or a hereditament having a floor space not exceeding 240 square feet and used as a lock-up garage) whose net annual value falls to be ascertained under section 19(2) of this Act; and if during a period of non-use a commercial building is divided into two or more hereditaments, the amount of any surcharge imposed under section 17A of this Act in respect of any of those hereditaments shall be the same as if it had been a separate hereditament from the beginning of the period of non-use. (3) A surcharge imposed under section 17A of this Act in respect of a hereditament shall until recovered be a charge on the land comprised in the hereditament; and for the purposes of the application to such a charge of section 15 (registration of local land charges) of the Land Charges Act 1925 this Act shall be deemed to be a similar statute to the Acts mentioned in subsection (1) of that section. (4) Where a hereditament which is not used for the purpose for which it was constructed or has been adapted becomes so used on any day and becomes not so used again on the expiration of a period of less than six weeks beginning with that day, then for the purpose of ascertaining any period during which the hereditament has been continuously not so used, it shall be deemed to have remained not so used on that day and during that period. (5) A hereditament shall be taken to be used on any day for the purposes for which it was constructed or has been adapted if, but only if, not less than four-fifths of it was so used on that day. (6) Schedule 1 to this Act (except paragraphs 1, 2(c) and (d), 6, 12 and 14) shall apply for the purposes of section 17A of this Act as it applies for the purposes of section 17 thereof, as if— (a) references to paragraph 1 of that Schedule were references to section 17A of this Act, (b) references to a relevant hereditament or a relevant period of vacancy were references to a commercial building and a period of non-use respectively, and (c) references to three months were references to six months. (7) In section 17A of this Act and this section 'owner' means the person entitled to possession, and where different persons are entitled to possession of a hereditament during different parts of a period of non-use, a surcharge in respect of that period shall be apportioned between them according to the length of each part and levied accordingly. (8) In the application of section 17(A) of this Act to the City of London, ' rates' means the aggregate of the poor rate and the general rate. (9) Section 17A of this Act shall not apply to any period before the passing of the Local Government Act 1974.

Increases in statutory deduction from gross value: alteration of valuation lists

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If, on or before 31st December 1973, a draft of an order is laid before Parliament under subsection (5) of section 19 of the principal Act increasing the amount which, in accordance with subsection (2) of that section, is to be deducted from the gross value of a hereditament of a class specified in the order for the purpose of ascertaining the net annual value of that hereditament and an order is made in terms of the draft so laid,—

• (a) the valuation officer shall, by directions to the rating authority, cause to be made in a valuation list any alterations necessary to give effect to the increased deductions, and the rating authority shall give effect to any such directions accordingly; and

• (b) any alteration made in a valuation list by virtue of paragraph (a) above shall have effect as from 1st April 1974, but without prejudice to any subsequent alteration of the valuation list made by virtue of any provision of the principal Act.

Rating of plant and machinery

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• (1) In subsection (5) of section 21 of the principal Act (power for the Secretary of State by order to exclude certain items of plant or machinery, or parts of such items, from being treated as part of a hereditament for the purposes of valuation) for the words from " which satisfies " to the end of the subsection there shall be substituted the words " which falls within any of paragraphs (a) to (c) below, that is to say,—

• (a) any item or part of an item which is moved or rotated by motive power as part of a process of manufacture;

• (b) so much of any refractory or other lining forming part of any plant or machinery as is customarily renewed by reason of normal use at intervals of such frequency being less than a year as may be specified in the order;

• (c) any item which is of such a description and in respect of which such conditions are fulfilled as may be specified in the order and which is readily capable of being moved from one site and re-erected in its original state on another without the substantial demolition of the item or of any surrounding structure ".

• (2) Section 22 of the principal Act (determination of certain questions as to plant and machinery) shall cease to have effect.

Rating of certain public utilities and other bodies

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• (1) The Secretary of State may by order make provision for determining, by such method as may be specified in the order, the rateable value of, or of any class or description of, the hereditaments specified in Schedule 3 to this Act.

• (2) An order under this section applying to any hereditament, or any class or description of hereditament, may provide for determining rateable value by the application of different methods of valuation to different parts of the hereditament.

• (3) Before making an order under this section the Secretary of State shall consult with such associations of local authorities or of persons carrying on undertakings as appear to him to be concerned and with any local authority or person carrying on an undertaking with whom consultation appears to him to be desirable.

• (4) An order under this section may repeal or amend any provision of—

• (a) sections 31 to 34 of and Schedules 4 to 7 to the principal Act,

• (b) section 52 of the Post Office Act 1969, and

• (c) any other provision of the principal Act so far as that provision relates to the valuation of hereditaments to which the order relates,

and any such order may as regards any such hereditaments apply, restrict or modify the provisions of the principal Act relating to proposals for alterations of valuation lists and to appeals in connection with such lists and to the withholding of rates where proposals are pending, and shall have effect notwithstanding anything in any of those provisions.

• (5) No order under this section shall have effect unless approved by a resolution of each House of Parliament.

Exemption from rates for certain hereditaments comprising facilities for disabled persons

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Valuation lists not to be altered on account of minor structural alterations to dwellings

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• (1) In the case of a hereditament which is a dwelling-house or a mixed hereditament within the meaning of section 48 of the principal Act, no proposal may be made under section 69 of that Act for an increase in the gross value ascribed to the hereditament in the valuation list by reason of the making of structural alterations on or after 1st April 1974—

• (a) if and so far as the alterations are necessary for the purpose of installing a system for providing heating in two or more rooms in the hereditament, or

• (b) if the proposal would be for an increase not exceeding such an amount as the Secretary of State may by order specify,

and, accordingly, references in the following provisions of this section to structural alterations do not include alterations falling within paragraph (a) above.

• (2) If, by reason of the making of structural alterations on or after 1st April 1974, a proposal is made for an increase in the gross value of any such hereditament as is referred to in subsection (1) above, but—

• (a) an agreement is reached under section 72(1) of the principal Act on the alteration of the valuation list which, apart from this section, would be appropriate to take account of the alterations, and

• (b) the alteration so agreed would represent an increase in the gross value of such an amount that, by virtue of subsection (1)(b) above, no proposal for an increase of that amount could have been made,

then, notwithstanding the said section 72(1), no alteration shall be made to the gross value ascribed to the hereditament in the valuation list.

• (3) If, by reason of the making of structural alterations on or after 1st April 1974, a proposal is made for an increase in the gross value of any such hereditament as is referred to in subsection (1) above but, on an appeal under section 76 or an arbitration under section 78 of the principal Act relating to the proposal, the court or arbitrator is of the opinion that the increase in the gross value to take account of the alterations would be of such an amount that, by virtue of subsection (1)(b) above, no proposal for an increase of that amount could have been made, the court or arbitrator shall direct that no alteration be made to the gross value ascribed to the hereditament in the valuation list.

• (4) If, by reason of the making of structural alterations on or after 1st April 1974, the gross value of any such hereditament as is referred to in subsection (1) above is increased but, on an appeal under section 77 of the principal Act, the Lands Tribunal is of the opinion that the increase in the gross value should be reduced to such an amount that, by virtue of subsection (1)(b) above, no proposal for an increase of that amount could have been made, the Tribunal shall give such directions as appear to it to be appropriate to secure that the valuation list is altered so as to restore to the hereditament the gross value ascribed to it in that list before the increase.

• (5) In any case where,—

• (a) by virtue of subsection (1)(b) above, no proposal for an increase in the gross value ascribed to a hereditament in a valuation list is made to take account of the making of structural alterations, but

• (b) as a result of subsequent structural alterations, a proposal, permitted by subsection (1) above, is made under section 69 of the principal Act for such an increase,

then, for the purposes of section 79(2) of the principal Act (date on which alterations in the valuation list are to have effect), the event by reason of which the alteration is made shall be taken to be the making of the last of the structural alterations of which account was taken in the making of the proposal referred to in paragraph (b) above.

• (6) An order under subsection (1)(b) above shall be of no effect unless it is approved by a resolution of each House of Parliament.

Interpretation of Part II

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• (1) In this Part of this Act—

• " the principal Act " means the General Rate Act 1967;

• " local rate rebate scheme " has the meaning assigned to it by section 12 above ; and

• " the statutory rate rebate scheme" has the meaning assigned to it by section 11 above.

• (2) Except in so far as otherwise provided in this Part of this Act, expressions used in this Part have the same meanings as in the principal Act.

• (3) Sections 114 (rules, regulations and orders) and 118 (application to Isles of Scilly) of the principal Act shall apply as if this Part of this Act were contained in the principal Act.

Part III — Local Government Administration

The Commissions for Local Administration

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• (1) For the purpose of conducting investigations in accordance with this Part and Part 3A of this Act, there shall be—

• (a) a body of commissioners to be known as the Commission for Local Administration in England, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but the Commission may include persons appointed to act as advisers, not exceeding the number appointed to conduct investigations.

• (2) The Parliamentary Commissioner shall be a member of the Commission .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the following provisions of this Part of this Act the expression “Local Commissioner” means a person, other than the Parliamentary Commissioner ...or an advisory member, who is a member of the Commission .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Appointments to the office of . . . Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State ....

• (4A) Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.

• (5) A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time.

• (5A) A Commissioner must be appointed for a period of not more than 7 years.

• (5B) A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.

• (6) A . . . Commissioner may be relieved of office by Her Majesty at his own request or may be removed from office by Her Majesty on grounds of incapacity or misbehaviour....

• (6A) A person appointed to be a Commissioner is not eligible for re-appointment.

• (7) The Secretary of State shall designate two of the Local Commissioners for England as chairman and vice-chairman respectively of the Commission for Local Administration in England ....

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) The Commission must—

• (a) divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and

• (b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) The Commission —

• (a) shall make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (8A) ..., and

• (b) shall publish information about the procedures for making complaints under this Part of this Act.

• (11) For the year ending on 31st March 1975, and for each subsequent financial year, every Local Commissioner shall prepare a general report on the discharge of his functions (other than those under Part 3A of this Act) and shall submit it to the Commission .

Any such report shall be submitted ... not later than two months after the end of the year to which it relates.

• (12) In the financial year beginning on 1st April 1990, and in every third financial year afterwards, the Commission shall review the operation (since the last review was made under this subsection) of the provisions of this Part of this Act about the investigation of matters , and shall have power to convey to authorities to which this Part of this Act applies . . . , or to government departments ..., any recommendations or conclusions reached in the course of their reviews and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned.

• (12A) The Commission may, after consultation with the representative persons and authorities concerned, provide to the authorities or any of the authorities to which this Part of this Act applies such advice and guidance about good administrative practice as appears to the Commission to be appropriate and may arrange for it to be published for the information of the public.

• (12B) The representative persons and authorities concerned are—

• (a) for the purposes of subsection (12) above, such persons appearing to the Commission to represent authorities ... to which this Part of this Act applies, and in the case of such authorities as are not so represented, those authorities; and

• (b) for the purposes of subsection (12A) above, such of those persons and authorities as the Commission think appropriate.

• (13) Schedule 4 to this Act shall have effect as respectss the Commission .

Bodies representing authorities to which Part III applies

24

Authorities subject to investigation

25

• (1) This Part of this Act applies to the following authorities—

• (a) any local authority,

• (aaa) the Greater London Authority;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ab) a National Park authority for a National Park in England;

• (b) any joint board the constituent authorities of which are all local authorities,

• (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bb) any development corporation established for the purposes of a new town,

• (bbb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (bd) any urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980 for an urban development area in England,

• (bda) a Mayoral development corporation,

• (be) any housing action trust established under Part III of the Housing Act 1988 for a designated area in England

• (bf) the Homes and Communities Agency;

• (bg) a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (bh) a fire and rescue authority created by an order under section 4A of that Act;

• (c) any joint authority established by Part IV of the Local Government Act 1985;

• (cza) the London Fire Commissioner;

• (ca) any police and crime commissioner;

• (caa) the Mayor's Office for Policing and Crime;

• (cb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (cc) Transport for London; and

• (cd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ce) any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

• (cf) any combined authority established under section 103 of that Act;

• (cg) any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• (d) in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any Regional Flood and Coastal Committee ... ; ;and

• (e) the London Transport Users’ Committee.

• (2) Her Majesty may by Order in Council provide that this Part of this Act shall also apply, subject to any modifications or exceptions specified in the Order, to any authority specified in the Order, being an authority which is established by or under an Act of Parliament, and which has power to levy a rate, or to issue a precept.

• (3) An Order made by virtue of subsection (2) above may be varied or revoked by a subsequent Order so made and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Any reference to an authority to which this Part of this Act applies includes a reference—

• (a) to the members and officers of that authority, and

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (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.

• (4A) Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

• (a) the London Assembly;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any reference to an authority to which this Part of this Act applies also includes a reference to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) an admission appeal panel constituted by the authority in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998 ,

• (d) the governing body of any community, foundation or voluntary school maintained by the authority so far as acting in connection with the admission of pupils to the school or otherwise performing any of their functions under Chapter I of Part III of that Act.and

• (e) an exclusion review panel constituted by the authority in accordance with regulations under section 51A of the Education Act 2002.

• (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.

Matters subject to investigation

26

• (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.

• (d) an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;

• (e) an alleged or apparent failure to provide a service in pursuance of such arrangements.

• (1A) Subsection (1) is subject to the following provisions of this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Before proceeding to investigate a matter, a Local Commissioner shall satisfy himself that

• (a) the matter has been brought, by or on behalf of the person affected, to the notice of the authority to which it relates and that that authority has been afforded a reasonable opportunity to investigate the matter and to respond; or

• (b) in the particular circumstances, it is not reasonable to expect the matter to be brought to the notice of that authority or for that authority to be afforded a reasonable opportunity to investigate the matter and to respond.

• (6) A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any of the following matters, that is to say,—

• (a) any action in respect of which the person affected has or had a right of appeal, reference or review to or before a tribunal constituted by or under any enactment;

• (b) any action in respect of which the person affected has or had a right of appeal to a Minister of the Crown ...; or

• (c) any action in respect of which the person affected has or had a remedy by way of proceedings in any court of law:

Provided that a Local Commissioner may conduct an investigation notwithstanding the existence of such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect the person affected to resort or have resorted to it.

• (6A) A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any action taken by or on behalf of an authority in the exercise of any of the authority's functions otherwise than in relation to England.

• (7) A Local Commissioner shall not conduct an investigation in respect of any action which in his opinion affects all or most of the inhabitants of the following area—

• (aa) where the matter relates to a National Park authority, the area of the Park for which it is such an authority;

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) where the matter relates to the Homes and Communities Agency, any designated area within the meaning of Part 1 of the Housing and Regeneration Act 2008;

• (c) in any other case, the area of the authority concerned.

• (8) Without prejudice to the preceding provisions of this section, a Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any such action or matter as is described in Schedule 5 to this Act.

• (9) Her Majesty may by Order in Council amend the said Schedule 5 so as to add to or exclude from the provisions of that Schedule (as it has effect for the time being) such actions or matters as may be described in the Order; and any Order made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) In this section—

• (a) references to a person affected include references to his personal representatives; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions relating to complaints

27

• (1) In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than—

• (a) a local authority or other authority or body constituted for purposes of the public service or of local government (including the Welsh Ministers, the National Assembly for Wales Commission or the the National Assembly for Wales), or for the purposes of carrying on under national ownership any industry or undertaking or part of an industry or undertaking;

• (b) any other authority or body whose members are appointed by Her Majesty or any Minister of the Crown or government department or by the Welsh Ministers , or whose revenues consist wholly or mainly of moneys provided by Parliament or the Welsh Ministers .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure in respect of investigations

28

• (1) Where a Local Commissioner proposes to investigate a matter under this Part of this Act , he shall afford to the authority concerned, and to any person who is alleged in the complaint (if any), or who otherwise appears to the Local Commissioner, to have taken or authorised the action which would be the subject of the investigation , an opportunity to comment on the matter .

• (2) Every investigation under this Part of this Act shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Local Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the preceding provision —

• (a) the Local Commissioner may, as well as adopting different procedure for different cases, adopt different procedure for cases of different descriptions; and

• (b) the Local Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented (by counsel or solicitor or otherwise) in the investigation.

• (3) The Local Commissioner may, if he thinks fit, pay to the person by whom the complaint (if any) was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part of this Act—

• (a) sums in respect of the expenses properly incurred by them;

• (b) allowances by way of compensation for the loss of their time,

...

• (4) The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned or any other person , or any power or duty of the authority concerned or any other person to take further action with respect to any matters subject to the investigation.

• (5) The differential procedure authorised by subsection (2)(a) includes (in particular) procedure for cases of a particular description that is expected to be faster than that for at least some other cases.

Investigations: further provisions

29

• (1) For the purposes of an investigation under this Part of this Act a Local Commissioner may require any member or officer of the authority concerned, or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such documents.

• (2) For the purposes of any such investigation a Local Commissioner shall have the same powers as the High Court in respect of the attendance and examination of witnesses, and in respect of the production of documents.

• (3) A Local Commissioner may, under subsection (1) above, require any person to furnish information concerning communications between the authority concerned and any Government department ..., or to produce any correspondence or other documents forming part of any such written communications.

• (4) No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information in accordance with subsection (3) above; and where that subsection applies the Crown shall not be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

• (5) Nothing in subsection (1) or subsection (3) above affects the restriction imposed by section 34X of the Public Services Ombudsman (Wales) Act 2005.

• (6) To assist him in any investigation, a Local Commissioner may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine ....

• (6A) A Local Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Part of this Act.

• (6B) Any person or persons appointed under subsection (6A) above shall be deemed to be an officer or officers of the Commission for Local Administration in carrying out his or their functions under that appointment.

• (7) Subject to subsection (4) above, no person shall be compelled for the purposes of an investigation under this Part of this Act to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.

• (8) If any person without lawful excuse obstructs a Local Commissioner in the performance of his functions under this Part of this Act, or any person discharging or assisting in the discharge of those functions, or is guilty of any act or omission in relation to an investigation under this Part of this Act which, if that investigation were a proceeding in the High Court, would constitute contempt of court, the Local Commissioner may certify the offence to the High Court.

• (9) Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, deal with him in any manner in which the High Court could deal with him if he had committed the like offence in relation to the High Court.

• (10) Nothing in subsection (8) above shall be construed as applying to the taking of any such action as is mentioned in section 28(4) above.

Reports on investigations

30

• (1) If a Local Commissioner completes an investigation of a matter under this Part of this Act, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)).

• (1A) A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA).

• (1B) If, after the investigation of a matter is completed, the Local Commissioner decides—

• (a) that he is satisfied with action which the authority concerned have taken or propose to take, and

• (b) that it is not appropriate to prepare and send a copy of a report under subsection (1),

he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

• (1C) If a Local Commissioner decides—

• (a) not to investigate a matter, or

• (b) to discontinue an investigation of a matter,

he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.

• (1D) For the purposes of subsections (1) to (1C), the persons concerned are—

• (a) the complainant (if any),

• (b) any person who referred the matter under section 26C(2),

• (c) the authority concerned, and

• (d) any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.

• (2) Where a complaint about the matter was referred by a person who was a member of an authority but who has since ceased to be a member of that authority, the report or statement shall be sent to the chairman, or, as the case may be, mayor of that authority.

• (2AA) If the authority concerned is the Greater London Authority—

• (a) the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and

• (b) in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.

• (2AB) Where an authority are operating executive arrangements which involve a mayor and cabinet executive ..., subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) Subsections (3) to (8) apply in the case of a report under subsection (1).

• (3) Apart from identifying the authority or authorities concerned, the report shall not, ...—

• (a) mention the name of any person, or

• (b) contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons , the Local Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.

• (3AA) Nothing in subsection (3) above prevents a report—

• (a) mentioning the name of, or

• (b) containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available for inspection by the public without charge at all reasonable hours at one or more of their offices; and any person shall be entitled to take copies of, or extracts from, the report when so made available.

• (4A) Subject to subsection (7) below, the authority concerned shall supply a copy of the report to any person on request if he pays such charge as the authority may reasonably require.

• (5) Not later than two weeks after the report is received by the authority concerned, the proper officer of the authority shall give public notice, by advertisement in newspapers and such other ways as appear to him appropriate, that copies of the report will be available as provided by subsections (4) and (4A) above, and shall specify the date, being a date not more than one week after the public notice is first given, from which the period of three weeks will begin.

• (6) If a person having the custody of a report made available for inspection as provided by subsection (4) above obstructs any person seeking to inspect the report, or to make a copy of, or extract from, the report, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (7) The Local Commissioner may, if he thinks fit after taking into account the public interest as well as the interests of the complainant (if any) and of other persons , direct that a report specified in the direction shall not be subject to the provisions of subsections (4) , (4A) and (5) above.

• (8) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.

Reports on investigations: further provisions

31

• (1) This section applies where a Local Commissioner reports that there has been—

• (a) maladministration in connection with the exercise of the authority's administrative functions,

• (b) a failure in a service which it was the function of an authority to provide, or

• (c) a failure to provide such a service.

• (2) The report shall be laid before the authority concerned and it shall be the duty of that authority to consider the report and, within the period of three months beginning with the date on which they received the report, or such longer period as the Local Commissioner may agree in writing, to notify the Local Commissioner of the action which the authority have taken or propose to take.

• (2A) If the Local Commissioner—

• (a) does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or

• (b) is not satisfied with the action which the authority concerned have taken or propose to take, or

• (c) does not within a period of three months beginning with the end of the period so allowed, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,

he shall make a further report setting out those facts and making recommendations.

• (2B) Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

• (a) to remedy any injustice sustained by the person affected in consequence of the maladministration, and

• (b) to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.

• (2BA) Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—

• (a) to remedy any injustice sustained by the person affected in consequence of the failure, and

• (b) to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.

• (2C) Section 30 above, with any necessary modifications, and subsection (2) above shall apply to a report under subsection (2A) above as they apply to a report under that section.

• (2D) If the Local Commissioner—

• (a) does not receive the notification required by subsection (2) above as applied by subsection (2C) above within the period allowed by or under that subsection or is satisfied before the period allowed by that subsection has expired that the authority concerned have decided to take no action, or

• (b) is not satisfied with the action which the authority concerned have taken or propose to take, or

• (c) does not within a period of three months beginning with the end of the period allowed by or under subsection (2) above as applied by subsection (2C) above, or such longer period as the Local Commissioner may agree in writing, receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,

he may, by notice to the authority, require them to arrange for a statement to be published in accordance with subsections (2E) and (2F) below.

• (2E) The statement referred to in subsection (2D) above is a statement, in such form as the authority concerned and the Local Commissioner may agree, consisting of—

• (a) details of any action recommended by the Local Commissioner in his further report which the authority have not taken;

• (b) such supporting material as the Local Commissioner may require; and

• (c) if the authority so require, a statement of the reasons for their having taken no action on, or not the action recommended in, the report.

• (2F) The requirements for the publication of the statement are that—

• (a) publication shall be in any two editions within a fortnight of a newspaper circulating in the area of the authority agreed with the Local Commissioner or, in default of agreement, nominated by him; and

• (b) publication in the first such edition shall be arranged for the earliest practicable date.

• (2G) If the authority concerned—

• (a) fail to arrange for the publication of the statement in accordance with subsections (2E) and (2F) above, or

• (b) are unable, within the period of one month beginning with the date on which they received the notice under subsection (2D) above, or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the statement to be published,

the Local Commissioner shall arrange for such a statement as is mentioned in subsection (2E) above to be published in any two editions within a fortnight of a newspaper circulating within the authority’s area.

• (2H) The authority concerned shall reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing his duty under subsection (2G) above.

• (3) In any case where—

• (a) a report is laid before an authority under subsection (2) or (2C) above, and

• (b) on consideration of the report, it appears to the authority that a payment should be made to, or some other benefit should be provided for, a person who has suffered injustice in consequence of the maladministration or failure to which the report relates,

the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.

• (4) Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

Law of defamation, and disclosure of information

32

• (1) For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—

• (a) the publication of any matter in communications between a member or officer of an authority and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner , for the purposes of this Part of this Act;

• (b) the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner , in communicating with a complainant , or with the person affected in relation to a matter, for the purposes of this Part of this Act;

• (ba) the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner in communicating with the Parliamentary Commissioner or the Health Service Commissioner for England or any officer of either such Commissioner for the purposes of this Part of this Act;

• (c) the publication of any matter in preparing, making and sending a report or statement in accordance with section 30 or section 31 above, or, subject to section 30(7) above, in making a report available to the public or in supplying a copy under section 30(4A) above;

• (d) the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 23A above.

• (e) the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.

• (f) the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.

• (2) Information obtained by a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner , in the course of or for the purposes of an investigation under this Part of this Act shall not be disclosed except—

• (a) for the purposes of the investigation and of any report, statement or summary under section 30, 31 or 31B above; or

• (aza) for the purposes of an investigation under Part 3A of this Act and of any statement, adverse findings notice or summary under section 34H, 34I or 34J in relation to such an investigation; or

• (aa) for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or

• (b) for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of Local Commissioner or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or

• (c) for the purpose of any proceedings under section 29(9) above,

and a Local Commissioner and persons discharging or assisting in the discharge of a function of a Local Commissioner shall not be called upon to give evidence in any proceedings (other than proceedings within paragraph (b) or (c) above) of matters coming to his or their knowledge in the course of an investigation under this Part of this Act.

• (3) A Minister of the Crown or any of the authorities to which this Part of this Act applies may give notice in writing to a Local Commissioner with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Minister, or as the case may be of the authority, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest; and where such a notice is given nothing in this Part of this Act shall be construed as authorising or requiring the Local Commissioner or any person discharging or assisting in the discharge of a function of a Local Commissioner to communicate to any other person, or for any purpose, any document or information specified in the notice, or any document or information of a class so specified:

Provided that a notice given under this subsection by any authority may be discharged by the Secretary of State.

• (3A) A notice under subsection (3) above may not be given electronically.

• (3B) Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).

• (4) Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 29 above.

• (5) Where information is disclosed in accordance with section 29(3) above, being information which is derived from a communication from a government department ..., and which has not been made public, a Local Commissioner shall not without the written consent of an officer of the government department ... make a report which includes all or any of that information unless he has given the department ... not less than one month’s notice in writing of his intention.

• (6) The provisions of this section shall apply to the Commissioners of Customs and Excise and Commissioners of Inland Revenue as they apply to a Minister of the Crown.