Local Government Act 1974

• (7) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.

Consultation between Local Commissioners, the Parliamentary Commissioner and the Health Service Commissioners

33

• (1) If, at any stage in the course of conducting an investigation under this Part of this Act, a Local Commissioner forms the opinion that the matters which are the subject of the investigation include a matter which could be the subject of an investigation—

• (a) by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967,

• (aza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

...

• (b) by the Health Service Commissioner for England ..., in accordance with the Act of 1993,

or

• (bza) by a housing ombudsman under the Housing Act 1996,

• (ba) by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;

• (c) by the Scottish Public Services Ombudsman in accordance with the Act of 2002,

he shall consult with the appropriate Commissioner or ... Ombudsman about the matter and, where a complaint was made about the matter, he shall , if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Act of 1967 , ... the Act of 1993 , the Public Services Ombudsman (Wales) Act 2005 or under the Act of 2002 , as the case may be.

• (2) Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, a housing ombudsman, the Public Services Ombudsman for Wales , the Scottish Public Services Ombudsman or the Health Service Commissioner for England in relation to a matter under investigation under this Part of this Act , he may consult that Commissioner or that Ombudsman about anything relating to the matter , including—

• (a) the conduct of any investigation into the matter , and

• (b) the form, content and publication of any report of the results of such an investigation.

• (3) If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of investigation under this Part of this Act, he shall consult with the appropriate Local Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint . . . of the steps necessary to initiate a complaint under this Part of this Act.

• (3A) If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.

• (4) Where, by virtue of subsection (3) or (3A) above, a Local Commissioner is consulted about a complaint under the Act of 1967 or under the Housing Act 1996 . . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.

• (5) Nothing in section 11(2) of the Act of 1967, ... in section 15 of the Act of 1993, in section 34X of the Public Services Ombudsman (Wales) Act 2005 , in section 19 of the Act of 2002 or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information . . . in the course of consultations held in accordance with this section.

• (6) In this section the “Act of 1967” means the Parliamentary Commissioner Act 1967 and the “Act of 1993” means the Health Service Commissioners Act 1993. and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002

Interpretation of Part III

34

• (1) In this Part of this Act, unless the context otherwise requires—

• “action” includes failure to act, and other expressions connoting action shall be construed accordingly,

• “the Commission” means the Commission for Local Administration in England,

• “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;

• “housing ombudsman” means a housing ombudsman under a scheme approved under Schedule 2 to the Housing Act 1996,

• “local authority” means a county council in England , . . . a district council, the Broads Authority ..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,

• “mayor and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;

• “member”,in relation to the Greater London Authority, means—the Mayor of London,the Deputy Mayor, ora member of the London Assembly;......

• ...

• "person affected”—in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, andin relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;

• “Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “tribunal” includes the person constituting a tribunal consisting of one person.

• (1A) In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).

• (2) Section 269 of the Local Government Act 1972 (which relates to the meaning of “England” and “Wales” in Acts passed after 1st April 1974) shall apply to this Part of this Act as if it had been passed after that date.

• (3) It is hereby declared that nothing in this Part of this Act authorises or requires a Local Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.

Part IV — Miscellaneous and General

Removal or relaxation of controls affecting certain local authority functions

35

• (1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in the first column of Schedule 6 to this Act shall have effect subject to the amendments specified in the second column of that Schedule.

• (2) Without prejudice to section 43(4) below, any reference in Schedule 6 to this Act to any enactment includes a reference to that enactment as applied by any other enactment, including a local Act.

• (3) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

• (4) An order made under this section—

• (a) may be revoked or varied by a further order so made, and

• (b) may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

• (5) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

• (6) In this section “local authority” means any local authority within the meaning of the Local Government Act 1972, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, the Council of the Isles of Scilly, a port health authority, Transport for London and a Passenger Transport Executive.

Recovery by local authorities of establishment charges

36

• (1) In any case where a local authority—

• (a) are empowered under any enactment to carry out any works or do any other thing on or in relation to any land or building, and

• (b) by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,

the local authority shall be entitled to recover, together with and in like manner as the expenses which are recoverable as mentioned in paragraph (b) above, such sum as appears to them to be reasonable in respect of their establishment charges.

• (2) The provisions of subsection (1) above shall have effect in substitution for any provision contained in any enactment, including an enactment in a local Act, under which a local authority who have exercised any such power as is referred to in subsection (1)(a) above have power to recover any sum in respect of their establishment charges or any element or elements of those charges.

• (3) In this section “local authority” has the same meaning as in section 35 above.

Extension of power of local authorities to make advances

37

Collection by local authorities of charges payable in respect of services provided by water authorities

38

Compensation for loss of office: extension of cases for which regulations may provide

39

For subsection (3) of section 259 of the Local Government Act 1972 (regulations providing for compensation for loss of office attributable to that Act may extend to persons whose loss is attributable to any such transfer or relinquishment of functions as is referred to in paragraph (c) of the new subsection set out below) there shall be substituted the following subsection :—

(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to— (a) the provisions of any such order as is referred to in section 326(1) of the Public Health Act 1936 ; (b) an existing local authority ceasing, as respects the whole or part of their area, to be a food and drugs authority, within the meaning of the Food and Drugs Act 1955 ; (c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955 or in the Slaughterhouses Act 1974 ; or (d) the provisions of an order under section 46 of the Children and Young Persons Act 1969 ; and, withour prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions as to compensation made for that case by section 326 of the Public Health Act 1936, section 129(1) of the Food and Drugs Act 1955 or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of theregulations apply.

Classification of highways

40

Expenses

41

There shall be defrayed out of money provided by Parliament—

• (a) any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;

• (b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

Minor and consequential amendments and repeals

42

• (1) Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.

• (2) The enactments specified in Schedule 8 to this Act are here by repealed to the extent specified in the third column of that Schedule.

Short title, commencement, construction, application and extent

43

• (1) This Act may be cited as the Local Government Act 1974.

• (2) Part II, other than sections 16 and 22, and sections 35, 37 and 42 of this Act and Schedules 6 to 8 to this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.

• (3) An order under subsection (2) above appointing a day for the coming into operation of any provision of Schedules 6 to 8 to this Act may contain such savings with respect to the operation of that provision as appear to the Secretary of State to be appropriate.

• (4) Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.

• (5) In their application to the Isles of Scilly, the provisions of Parts I and IV of this Act shall have effect subject to such modifications as the Secretary of State may by order made by statutory instrument direct.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall not extend to Scotland or to Northern Ireland.

SCHEDULE 1

Part I

1

The provisions of sections 1 to 5 of the Local Government Act 1966 (in this Part of this Schedule referred to as "the 1966 Act") shall not have effect with respect to any year beginning on or after 1st April 1974 but, subject to paragraph 2 below, nothing in this Act shall affect the continued operation of those provisions on or after that date in relation to any year ending before that date.

2

No order shall be made after 31st March 1974 under section 3 of the 1966 Act (power of Secretary of State to vary rate support grant orders).

3

Without prejudice to his powers under section 4 of this Act, if at any time during the year 1974-75 it appears to the Secretary of State that, but for the provisions of paragraph 2 above, he would have made an, order under section 3 of the 1966 Act increasing the amount fixed by the rate support grant order for the year 1973-74 as the aggregate amount of the rate support grants for that year, he may by an order made in lice manner and subject to the like provisions as a rate support grant order—

• (a) increase the amount fixed by the rate support grant order for the year 1974-75 as the estimated aggregate amount of the rate support grants for that year by an amount equal to the increase for which he would have made provision in the order under section 3 of the 1966 Act; and

• (b) make such increases in all or any of the elements of rate support grants for that year as appear to him to be appropriate in consequence of the increase in the estimated aggregate amount of those grants made by virtue of sub-paragraph (a) above.

4

Without prejudice to the generality of the power to make regulations under section 5 of the 1966 Act (for carrying into effect the provisions of sections 1 to 4 of, and Schedule 1 to, that Act) regulations under that section may make—

• (a) such provision as the Secretary of State considers appropriate, having regard to paragraphs 1 and 2 above, to secure that any calculations or estimates for the time being treated by virtue of any such regulations as provisional are treated on and after 1st April 1974 as conclusive ; and

• (b) such other incidental or consequential provisions, including provisions amending Part I of Schedule 1 to the 1966 Act, as the Secretary of State considers appropriate for, or in connection with, carrying the provisions of this Part of this Schedule into effect.

5

In this Part of this Schedule the expressions "rate support grants " and " rate support grant order " have, in relation to any year ending before 1st April 1974, the same meanings as in the 1966 Act.

Part II — Existing Grants for Highways and Public Transport

6

Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State—

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

• (b) to make grants to a Passenger Transport Executive under section 20(8) of the Transport Act 1968 (towards expenditure incurred by the Executive for certain areas in pursuance of agreements with the Railways Board for the provision of railway passenger services), and

• (c) to make grants to any person under section 56(1) of the Transport Act 1968 (towards capital expenditure incurred or to be incurred in the provision, improvement or development of facilities for public passenger transport),

shall cease to be exercisable except in cases where it appears to the Secretary of State that, notwithstanding the grants for which provision is made in Part I of this Act, the whole or any part of any expenditure in respect of which any such advances or grants as are referred to in . . . , paragraph (b) or paragraph (c) above could be made should not fall on the local highway authority, Passenger Transport Executive or other person concerned.

7

No grants shall be paid under section 34(2) of the Transport Act 1968 (towards expenditure incurred by local authorities in making grants to provide assistance for rural bus or ferry services and in the provision of such ferry services) in respect of expenditure incurred in connection with the provision, improvement or continuance, after the end of the year 1974-75, of any bus service or ferry service, within the meaning of that Act.

8

• (1) In any case where it appears to the Secretary of State—

• (a) that any person other than a local authority, a Passenger Transport Executive or London Regional Transport has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and

• (b) that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,

then, notwithstanding anything in paragraph 6 above, the Secretary of State may, on or after 1st April 1975, make to that person under that section any grant which he considers appropriate in the light of that undertaking.

• (2) In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.

9

• (1) In any case where it appears to the Secretary of State—

• (a) that a Passenger Transport Executive . . . has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and

• (b) that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,

the Secretary of State shall, as soon as practicable after 1st April 1975, give notice in writing to the appropriate local authority specifying the purpose of the expenditure, the Executive carrying it out and particulars of the grant or grants to which the undertaking relates, including the terms and conditions upon which the grant or grants were to be made and details of the amount or proportion thereof already paid at that date.

• (2) An authority to whom a notice is given under sub-paragraph (1) above shall make to the Executive specified in the notice payments under subsection (2) of section 56 of the Transport Act 1968—

• (a) corresponding in amount to the payments which, in accordance with the particulars specified in the notice, would have been made under the grant or grants concerned, and

• (b) on terms and conditions corresponding, as near as may be, to those so specified,

and, in relation to the authority, expenditure for the purpose specified in the notice shall be conclusively presumed for the purposes of that subsection to be expenditure towards which payments may be made under that subsection.

• (3) In sub-paragraph (1) above “the appropriate local authority”, in relation to a Passenger Transport Executive, means the county council which is the Passenger Transport Authority for the Executive’s area . . .

Part III — Existing Grants for Other Specific Purposes

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

• (1) The Secretary of State may from time to time, by order made by statutory instrument, provide that, with effect from such year as may be specified in the order, no grant shall be paid under any such local authority grant provision as may be so specified or that no grant shall be so paid except in respect of expenditure of a description so specified.

• (2) In this paragraph “local authority grant provision” means an enactment providing for the payment of grants to local authorities (within the meaning of the enactment concerned) in respect of expenditure incurred in connection with a specific function.

• (3) An order under this paragraph may contain such provisions as appear to the Secretary of State to be necessary or proper in consequence of the termination of the grants, including provision amending, repealing or revoking, with or without savings, any enactment or instrument made under an enactment.

• (4) No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.

SCHEDULE 2

Part I — The Needs Element

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — The Domestic Element

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — The Resources Element

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

1

Any water hereditament, within the meaning of section 31 of the principal Act.

2

Any hereditament consisting of railway or canal premises, within the meaning of section 32 of the principal Act, which are occupied wholly or partly for non-rateable purposes of any transport Board, within the meaning of that section.

3

Any hereditament which the British Gas Corporation are to be treated as occupying in a rating area by virtue of section 33(3) of the principal Act.

4

Any hereditament which an Electricity Board, within the meaning of section 34 of the principal Act, are to be treated as occupying in a rating area by virtue of subsection (3) of that section.

5

Any hereditament occupied by the Post Office by any such property as follows, namely—

• (a) posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services ; and

• (b) the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954.

6

Any hereditament occupied by the National Coal Board.

7

• (1) Any other hereditament which consists of or includes a mine or quarry or the whole or part of which is occupied together with a mine or quarry in connection with its working, or the treatment, preparation, storage or removal of its minerals or products of its minerals or the removal of its refuse.

• (2) Any reference in sub-paragraph (1) above to a mine or quarry includes a reference to a well or bore-hole or a well and bore-hole combined.

• (3) Subject to sub-paragraph (2) above, expressions used in sub-paragraph (1) above and in the Mines and Quarries Act 1954 have the same meanings in sub-paragraph (1) above as in that Act

8

Any hereditament occupied by the persons carrying on, under authority conferred by or under any enactment, a dock or harbour undertaking.

9

Any hereditament occupied by the persons carrying on an undertaking for the diffusion by wire of sound or television programmes.

SCHEDULE 4

Disqualifications

1

• (1) A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—

• (a) he is disqualified for being elected, or being, a member of any authority to which Part 3 of this Act applies; or

• (b) he is a member of any of those authorities ....

• (2) A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner —

• (a) has been a member of that authority,

• (b) has taken action on behalf of that authority in the exercise of any of their functions, or

• (c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.

• (2A) A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions.

• (2B) In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.

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

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

• (3) The acts and proceedings of a person appointed as a Local Commissioner and acting in that office ... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration, etc.

3

• (1) The Commission shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State may...determine.

• (2) If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Commission may pay to that person a sum of such amount as the Secretary of State may... determine.

• (3) Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.

Staff and accommodation

4

• (1) The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.

• (2) The Commission shall make arrangements to enable Local Commissioners to investigate matters , and in particular arrangements for—

• (a) allocating members of their staff to assist Local Commissioners, and

• (b) providing offices and other accommodation.

• (3) An officer of the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.

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

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings of the Commission

5

• (1) The Commission may determine their own procedure, including the quorum necessary for their meetings.

• (2) The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.

• (3) The Commission shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.

Expenses of the Commission

6

... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1957

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

1

The commencement or conduct of civil or criminal proceedings before any court of law.

2

Action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime.

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.

4

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

5

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

• (2) Any action concerning—

• (a) the giving of instruction, whether secular or religious, or

• (b) conduct, curriculum, internal organisation, management or discipline,

in any school or other educational establishment maintained by the authority , except so far as relating to special educational needs (within the meaning given by section 579(1) of the Education Act 1996) or additional learning needs (within the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018).

SCHEDULE 6

SCHEDULE 7

The National Parks and Access to the Countryside Act 1949

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1966

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The General Rate Act 1967

3

In section 12(9) of the General Rate Act 1967 (interest on amounts due under precepts which are not paid on or before the date specified for payment) after the words " six per cent. per annum " there shall be inserted the words " or such other rate as may be either prescribed or determined in a prescribed manner ".

4

• (1) In section 48 of that Act, in subsection (1)(a), for the words " in pursuance of paragraph 1 of Part III of Schedule 1 to the Local Government Act 1966 " there shall be substituted the words " for their area under paragraph 5 of Schedule 2 to the Local Government Act 1974 ".

• (2) In subsection (4) of that section for the words " Part III of Schedule 1 to the said Act of 1966 " there shall be substituted the words " paragraph 5 of Schedule 2 to the Local Government Act 1974 ".

5

In section 51(1) of that Act (power of rating authority to grant discount not exceeding 2½ per cent. in respect of rates on dwelling-houses) the words "not exceeding two-and-a-half per cent." shall be omitted.

6

Section 52 of that Act shall cease to have effect.

7

In section 54(1) of that Act (power of rating authority to make allowance by way of discount not exceeding 2½ per cent. in respect of rates on all hereditaments) for the words " not exceeding two and a half per cent." there shall be substituted the words " of such amount as may be specified in the resolution ".

8

In paragraph (a) of subsection (1) of section 113 of that Act (power to make rules prescribing certain matters and the form of certain documents) after the words "the form of" there shall be inserted the words " or the matters to be specified in ".

9

In section 115(3) of that Act for the words " sections 49 and 50 " there shall be substituted the words " section 50 ", in paragraph (a) for the words from " relevant date " to the end of sub-paragraph (ii) there shall be substituted the words " date of the giving of a notice under subsection (1) of that section " , paragraph (b) shall be omitted and for paragraph (c) there shall be substituted the following paragraph:—

(c) if at the date of the giving of a notice under the said subsection (1) a rebate is for the time being payable in respect of the hereditament or any part thereof under the statutory rate rebate scheme, within the meaning of Part II of the Local Government Act 1974 or, as the case may be, a local rate rebate scheme, within the meaning of that Part

.

10

Schedule 11 to that Act shall cease to have effect.

The Local Government Act 1972

11

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12

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The Water Act 1973

13

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14

In Schedule 6 to that Act, in paragraph (c) after the words “transitional period” there shall be inserted the words “in respect of which no provision is made by agreement under section 32A of this Act” and at the end of the said paragraph (c) there shall be inserted the following paragraph :—

(cc) without prejudice to the generality of paragraph (c) above, for the demand, collection and recovery by a local authority of any such amount as is mentioned in that paragraph in like manner as, and together with, any amount due to the authority in respect of the general rate and for the extension of section 113 of, and the modification of Schedule 12 to, the General Rate Act 1967 (power to make rules, and forms of documents) to take account of any such provision made by the order.

.

The Breeding of Dogs Act 1973

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SCHEDULE 8

Rate support grants.

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11

15

21

Provisions relating to complaints.

23A

• (1) For the financial year ending in 1990 and for each subsequent financial year, the Commission shall prepare a general report on the discharge of their functions (other than those under Part 3A of this Act) (an “annual report”) and shall submit it—

• (a) to such persons as appear to the Commission to represent authorities ... to which this Part of this Act applies, and

• (b) in the case of such authorities as are not so represented, to those authorities.

• (2) The annual report shall be submitted as soon as may be after the Commission have received the reports for the year from Local Commissioners under section 23(11) above, and the Commission shall submit copies of those reports, together with their annual report .

• (3) The Commission shall arrange for the publication of the annual report and of the reports of which copies are submitted by them under subsection (2) above.

• (3A) The Commission must lay a copy of the annual report before Parliament.

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

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports for representatives etc.

31A

• (1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that—

• (a) no action should be taken on the report, or

• (b) the action recommended in the report should not be taken,

consideration of the report shall be referred to that authority.

• (1B) For the purposes of subsection (1A)—

• (a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and

• (b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).

• (1C) Subsection (1A) has effect subject to subsection (3).

• (3) The restriction imposed by subsection (1A) above does not apply where the report recommends action to be taken by—

• (a) a joint committee established under section 101 of the Local Government Act 1972,

• (aa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,

• (b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or

• (c) an admission appeal panel or exclusion review panel mentioned in section 25(5)(c) or (e),

and the report is considered by that committee , authority or panel.

• (4) If an authority considering a further report of the Local Commissioner under section 31(2A) above take into consideration a report by a person or body with an interest in the Local Commissioner’s report, they shall not conclude their consideration of the Local Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Local Commissioner’s report.

• (5) No individual shall decide or vote on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by a Local Commissioner.

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) ... any functions exercisable under this section by or in relation to the Greater London Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to an authority shall be construed accordingly.

33A

• (1) A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—

• (a) a matter in respect of which the Information Commissioner could exercise any power conferred by—

• (i) sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),

• (ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or

• (iii) Part IV of that Act (enforcement), or

• (b) the commission of an offence under—

• (i) a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or

• (ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).

• (2) Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.

1

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3A

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6

Action taken by or on behalf of an authority mentioned in section 25(1)(ba) or (bb) of this Act which is not action in connection with functions in relation to housing —

• (a) action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or

• (b) action in connection with functions in relation to anything other than housing.

7

Action taken by or on behalf of an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.

8

Action taken by or on behalf of the Homes and Communities Agency which is not action in connection with functions in relation to town and country planning.

In subsection (2), for the words “the prescribed fee” there shall be substituted the words “such fee as appears to the local authority to be appropriate” ; in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, shall be omitted; in subsection (7) the words “subject to payment of the prescribed fee” shall be omitted; and at the end of the section there shal be added the following subsection :

3

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Editorial notes