Legalize / United Kingdom / Public General Act

Local Government Act 1974

Type Public General Act

Publication 1974-02-08

Last updated 2023-12-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

385

Words in s. 32(2)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(7)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

386

Words in s. 33(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

387

Words in s. 33(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(2)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

388

Words in s. 33(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(3)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

389

Words in s. 33(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(3)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

390

Word in s. 33(2)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 8(3)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

391

S. 34(1A) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 178(2), 245(5); S.I. 2008/917, art. 2(1)(k)

392

Words in s. 34(1) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 10(a), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

393

Words in s. 34(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 10(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

394

Words in Sch. 4 para. 1(1)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 179(2)(a), 245(5); S.I. 2008/917, art. 2(1)(l)

395

Words in Sch. 4 para. 1(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 179(3), 245(5); S.I. 2008/917, art. 2(1)(l)

396

Words in Sch. 4 para. 1(1)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 179(2)(b), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(l)(ii)(v)

397

Word in Sch. 4 para. 4(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 11(3)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

398

Sch. 4 para. 4(6) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 11(3)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

399

Sch. 4 para. 4(5) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 11(3)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

400

Words in Sch. 5 para. 2 inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 12; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

401

Sch. 5 para. 3 substituted (1.4.2008 in relation to matters coming to the attention of the Commission on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

402

Words in Sch. 5 para. 6 inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 12; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

403

Words in Sch. 5 para. 7 inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 12; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

404

Words in Sch. 5 para. 8 inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 12; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

405

Words in s. 33ZA(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028), Sch. 12 para. 9(2)

406

Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028), Sch. 12 para. 9(3)(a)

407

Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028), Sch. 12 para. 9(3)(b)

408

Words in s. 33ZA(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028), Sch. 12 para. 9(4) Sch. 18 Pt. 14

409

Words in s. 29(6) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 5(2), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

410

Words in Sch. 4 para. 3(1) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 11(2)(a), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

411

Words in Sch. 4 para. 3(2) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 11(2)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

412

Sch. 4 para. 5A substituted (1.4.2009) for Sch. 4 paras. 6-8 by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 180, 245(5); S.I. 2008/917, art. 3(b)

413

S. 25(1)(ce)(cf) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 41(2); S.I. 2009/3318, art. 2(c)

414

S. 26C(7)(8) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 41(3)(b); S.I. 2009/3318, art. 2(c)

415

S. 26C(6)(e)(f) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 41(3)(a); S.I. 2009/3318, art. 2(c)

416

Words in Sch. 5 para. 5(2) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 261, 269(4); S.I. 2009/3317, art. 2, Sch.

417

Sch. 5A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 3; S.I. 2010/1863, art. 2

418

Pt. 3A inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 2; S.I. 2010/1863, art. 2

419

Words in s. 23(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 5(2); S.I. 2010/1863, art. 2

420

Words in s. 23(11) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 5(3); S.I. 2010/1863, art. 2

421

Words in s. 23A(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 6; S.I. 2010/1863, art. 2

422

Words in s. 26D(1)(a) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 7; S.I. 2010/1863, art. 2

423

S. 29(5) substituted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 8(2); S.I. 2010/1863, art. 2

424

Words in s. 29(6A) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 8(3); S.I. 2010/1863, art. 2

425

Words in s. 30(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 9; S.I. 2010/1863, art. 2

426

S. 31A(3)(aa) inserted (1.10.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 9(a); S.I. 2010/2195, art. 3(2)(l)

427

Word in s. 31A(3) inserted (1.10.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 9(b); S.I. 2010/2195, art. 3(2)(l)

428

S. 32(2)(aza) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 10; S.I. 2010/1863, art. 2

429

Sch. 4 para. 1(2A)(2B) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 12; S.I. 2010/1863, art. 2

430

Words in s. 33ZA(1) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(2); S.I. 2010/1863, art. 2

431

Words in s. 33ZA(3) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(3)(a); S.I. 2010/1863, art. 2

432

Words in s. 33ZA(3) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(3)(b); S.I. 2010/1863, art. 2

433

Words in s. 33ZA(4) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(4); S.I. 2010/1863, art. 2

434

S. 31A(3)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12), S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

435

S. 33ZB inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(1), 240(1)(c)

436

S. 25(1)(bda) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 4

437

Sch. 4 para. 13(3)(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(2), 240(1)(c)

438

S. 25(1)(ca)(caa) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 121; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 39)

439

Words in Sch. 5 para. 2 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 122; S.I. 2011/3019, art. 3, Sch. 1

440

Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4)

441

S. 25(1)(bbb) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

442

S. 30(3A) repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 15(b), Sch. 6; S.I. 2012/1358, art. 2

443

Words in s. 30(3) repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 15(a), Sch. 6; S.I. 2012/1358, art. 2

444

Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f)

445

Sch. 4 para. 1(2C)(2D) omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(e), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

446

Word in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(a); S.I. 2012/1087, art. 3 (with art. 4)

447

Words in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(b); S.I. 2012/1087, art. 3 (with art. 4)

448

Words in s. 31A(3)(c) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 3; S.I. 2012/1087, art. 3 (with art. 4)

449

Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2

450

Sch. 5 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2

451

Sch. 4 para. 5A substituted (1.4.2009) for Sch. 4 paras. 6-8 by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 180, 245(5); S.I. 2008/917, art. 3(b)

452

Words in s. 25(1)(bf) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(2)(b); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

453

S. 25(1)(ba) omitted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(2)(a), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

454

Words in s. 26(7)(ba) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(b)(ii); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

455

Words in s. 26(7)(ba) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(b)(i); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

456

S. 26(7)(a) omitted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(3)(a), Sch. 16; S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

457

Words in Sch. 5 para. 8 substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 18(4); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13)

458

Sch. 5 paras. 5A, 5B inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(1)(a), 240(2) (with s. 181(10)); S.I. 2013/722, art. 2(c)

459

S. 9 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 110 (with Sch. 7)

460

S. 26(1)(d)(e) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 18; S.I. 2013/160, art. 2(2) (with arts. 7-9)

461

S. 33(1)(bza) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(a), 240(2); S.I. 2013/722, art. 2(d)

462

Words in s. 33(2) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(b), 240(2); S.I. 2013/722, art. 2(d)

463

S. 33(3A) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(c), 240(2); S.I. 2013/722, art. 2(d)

464

Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(d), 240(2); S.I. 2013/722, art. 2(d)

465

Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(e), 240(2); S.I. 2013/722, art. 2(d)

466

Words in s. 33ZA(1)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(b), 240(2); S.I. 2013/722, art. 2(d)

467

Words in s. 33ZA(1) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(a), 240(2); S.I. 2013/722, art. 2(d)

468

S. 33ZA(1A) inserted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(5), 240(2); S.I. 2013/722, art. 2(d)

469

Words in s. 33ZA(3)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(b), 240(2); S.I. 2013/722, art. 2(d)

470

Words in s. 33ZA(3) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(a), 240(2); S.I. 2013/722, art. 2(d)

471

Words in s. 34(1) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(7), 240(2); S.I. 2013/722, art. 2(d)

472

Sch. 5 para. 6(a)(b) substituted for words (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(1)(b), 240(2) (with s. 181(10)); S.I. 2013/722, art. 2(c)

473

Words in s. 25(1)(d) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 2

474

Words in Sch. 5 para. 5(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 63; S.I. 2014/889, art. 7(a)

475

Word in s. 29(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 6; S.I. 2014/2718, art. 2(b)

476

Word in s. 33(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 7; S.I. 2014/2718, art. 2(b)

477

Word in s. 34G(2) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 8; S.I. 2014/2718, art. 2(b)

478

Word in s. 34M(7)(d) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 9; S.I. 2014/2718, art. 2(b)

479

Pt. 2A inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 1, 4(2)

480

S. 25(1)(cd) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(9)(a); S.I. 2015/994, art. 6(g)

481

S. 26C(6)(d) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(9)(b); S.I. 2015/994, art. 6(g)

482

Words in s. 28(2) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(2), 4(2)

483

S. 28(5) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(3), 4(2)

484

S. 25(1)(cza) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 49; S.I. 2018/227, reg. 4(c)

485

S. 25(1)(bh) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 34; S.I. 2017/399, reg. 2, Sch. para. 38

486

Words in s. 25(1)(d) omitted (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 19; S.I. 2017/714, art. 2

487

S. 32(3) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

488

S. 33A(1)(a)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 5(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g)

489

S. 33A(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 5(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g)

490

S. 34O(1)(a)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 6(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g)

491

S. 34O(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 6(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g)

492

Sch. 7 para. 15 omitted (1.10.2018) by virtue of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 6 (with reg. 27)

493

Words in s. 34M(1)(d) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 8; S.I. 2019/1096, reg. 2

494

Words in s. 34T(1) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 9; S.I. 2019/1096, reg. 2

495

Words in Sch. 5 para. 5(2)(b) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 2(2)

496

S. 26(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 1; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

497

Words in s. 32(2)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 4(2)

498

Words in s. 34K(1)(d) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 4(3)

499

S. 25(1)(cg) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 55 (with s. 247)

500

S. 26C(9) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 56(3) (with s. 247)

501

S. 26C(6)(g) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 56(2) (with s. 247)

6A

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8A

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

The words from the beginning to “may authorise” shall be omitted ; for the words “to make and recover charges” there shall be substituted the words “may impose such charges as appear to the authority to be appropriate” ; and for the words “any such Order in Council” there shall be substituted the words “ any Order in Council under section 23 of the Prevention of Damage by Pests Act 1949 ”.

The Commissions for Local Administration.

32A

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

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 :

Reports on investigations: further provisions.

Consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen.

Power to investigate

33ZA

(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 within the jurisdiction of —

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner for England, or

he may, subject to subsection (2) below, conduct an investigation under this Part of this Act jointly with that Commissioner or those Commissioners. jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen.

(1A) In subsection (1) “also-involved ombudsman” means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner’s investigation.

(2) A Local Commissioner must obtain the consent of the person affected or the complainant (if any) before agreeing to a joint investigation referred to in subsection (1) above.

(3) If a Local Commissioner forms the opinion that a complaint which is being investigated by—

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner, or

relates partly to a matter within his jurisdiction by virtue of this Part, he may conduct an investigation under this Part of this Act jointly with that Commissioner or those Commissioners. jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons.

(4) If a Local Commissioner conducts an investigation ... jointly with another person, the requirements of section 30(1) (so far as relating to a case where the Local Commissioner conducts an investigation under this Part of this Act) may be satisfied by a report made jointly with that person.

(5) In relation to an investigation which has been conducted jointly with another person a direction given by the Local Commissioner under section 30(7) of this Act may relate only to those parts of a joint report prepared by virtue of subsection (4) above which are specified in the direction.

24A

(1) Under this Part of this Act, a Local Commissioner may investigate a matter—

(a) which relates to action taken by or on behalf of an authority to which this Part of this Act applies,

(b) which is subject to investigation under this Part of this Act by virtue of section 26, and

(2) This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.

(3) This subsection is satisfied if, in relation to the matter—

(a) a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and

(b) the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.

(4) Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.

(5) This subsection is satisfied if—

(a) the matter has come to the attention of a Local Commissioner, and

(b) section 26D applies to the matter.

(6) In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.

(7) Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—

(a) not to investigate a matter, or

(b) to discontinue an investigation of a matter,

if he is satisfied with action which the authority concerned have taken or propose to take.

Procedure in respect of investigations.

Procedure for making complaints

26A

(1) Under this Part of this Act, a complaint about a matter may only be made—

(a) by a member of the public who claims to have sustained injustice in consequence of the matter,

(b) by a person authorised in writing by such a member of the public to act on his behalf, or

(2) Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made—

(a) by his personal representative (if any), or

(b) by a person who appears to a Local Commissioner to be suitable to represent him.

26B

(1) Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—

(a) in writing, and

(b) before the end of the permitted period.

(2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—

(a) the day on which the person affected first had notice of the matter, or

(b) if the person affected has died without having notice of the matter—

(i) the day on which the personal representatives of the person affected first had notice of the matter, or

(ii) if earlier, the day on which the complainant first had notice of the matter.

(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.

26C

(1) This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies.

(2) If the complainant consents, the complaint may be referred to a Local Commissioner by—

(a) the member of the authority to whom the complaint was made,

(b) any other member of that authority, or

(c) a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of.

(3) Subject to subsection (4), a referral under this section must be made in writing.

(4) A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.

(5) If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section.

(6) In this section, references to a member of an authority include—

(a) in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed;

(b) in relation to a joint board, a member of any of the constituent authorities of the joint board;

(c) in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in relation to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a member of a constituent council of the board;

(f) in relation to a combined authority established under section 103 of that Act, a member of a constituent council of the authority.

(g) in relation to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a member of a constituent council of the authority;

(7) For the purposes of subsection (6)(e)—

(a) a county council is a constituent council of an economic prosperity board if the area of the county council, or part of that area, is within the area of the board;

(b) a district council is a constituent council of an economic prosperity board if the area of the district council is within the area of the board.

(8) For the purposes of subsection (6)(f)—

(a) a county council is a constituent council of a combined authority if the area of the county council, or part of that area, is within the area of the combined authority;

(b) a district council is a constituent council of a combined authority if the area of the district council is within the area of the combined authority.

(9) For the purposes of subsection (6)(g)—

(a) a county council is a constituent council of a combined county authority if the area of the county council, or part of that area, is within the area of the combined county authority;

(b) a district council is a constituent council of a combined county authority if the area of the district council is within the area of the combined county authority.

26D

(1) This section applies to a matter which has come to the attention of a Local Commissioner if—

(a) the matter came to his attention during the course of an investigation under this Part or Part 3A of this Act,

(b) (subject to subsection (3)) the matter came to his attention—

(i) before the person affected or his personal representatives had notice of the matter, or

(ii) in any other case, before the end of the permitted period, and

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