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Local Government Act 1974

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Part I — Grants

Rate support grants

Reports on investigations.

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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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(1) In accordance with arrangements approved by the National Assembly for Wales, the Countryside Council for Wales may give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person in respect of expenditure incurred by him in doing anything which, in the opinion of the Council, is conducive to the attainment of any of the purposes of—

(a) the National Parks and Access to the Countryside Act 1949,

(b) the Countryside Act 1968, or

(2) On making a grant or loan under this section the Countryside Council for Wales may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.

(3) The exercise of the power of the Countryside Council for Wales under this section is subject to any directions given to the Council by the National Assembly for Wales.

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,

(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) the London Development Agency;

(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 ,

(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;

(cza) the London Fire and Emergency Planning Authority;

(ca) any police authority established under section 3 of the Police Act 1996 for a police area in England ;

(caa) the Metropolitan Police Authority;

(caa) the Service Authority for the National Crime Squad;

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

(cc) Transport for London; and

(cd) an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);

(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;

(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 defence committee for an area wholly or partly in England ;

;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),

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 appeal panel constituted by the authority in accordance with regulations under section 52 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;

(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

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;

(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 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.

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 26 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),

(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, except where subsection (3A) below applies,—

(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) Where the Local Commissioner is of the opinion—

(a) that action constituting maladministration was taken which involved a member of the authority concerned, and

(b) that the member’s conduct constituted a breach of the National Code of Local Government Conduct,

then, unless the Local Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.

(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

(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 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

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.

(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,

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

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, 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.

(4) Where, by virtue of subsection (3) above, a Local Commissioner is consulted about a complaint under the Act of 1967 . . ., 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 26 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;

“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) A Local Commissioner may not investigate a complaint against a school under Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 if the Local Commissioner—

(a) is a governor of the school;

(b) is a parent of—

(i) a registered pupil at the school, or

(ii) a person who has been a registered pupil at the school within the five years ending with the making of the complaint; or

(2D) In sub-paragraph (2C) “registered pupil” has the same meaning as in the Education Act 1996.

(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

(1) the Commission ... shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 (“the 1988 Act”), and those sections shall accordingly have effect with the following modifications.

(2) Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of the Commission ... together with any observations thereon made and submitted to him in accordance with paragraph 7 below.

(3) The Secretary of State may also take into account any other information available to him as to the expenses of the Commission ..., whatever its source.

(4) A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.

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

7

(1) The Commission shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State.

(2) The Commission shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives.

(3) Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission’s estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State.

(4) The Commission shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact.

8

Where the Commission ... fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to be such as he sees fit.

9

(1) In relation to each of the Commissions, the Secretary of State may by order provide for such part of their expenses as may be specified in the order to be defrayed by such authorities (being authorities to which this Part of this Act applies other than those mentioned in paragraph 6 or 7 above) as may be so specified.

(2) Where two or more authorities are liable, by virtue of an order made under this paragraph, to defray part of the expenses of a Commission, the order shall provide for the apportionment of the amount concerned among those authorities.

(3) Paragraphs 6 and 7 above shall not apply in relation to so much of the expenses of a Commission as is, by virtue of any order made under this paragraph, to be defrayed by authorities other than those mentioned in those paragraphs.

(4) An order made under this paragraph shall be contained in a statutory instrument and may be varied or revoked by a subsequent order.

10

(1) In each financial year each Commission shall prepare an estimate of the expenses which they will incur in the next financial year, and shall submit it, not later than 1st November in the first of those financial years, for consideration by the appropriate representative body.

(2) Any observations by the representative body shall be submitted to the Commission within one month of receipt of the estimate, and it shall be the duty of the Commission to take any such observations into consideration before taking any final decision affecting their expenditure for the next financial year.

(3) The Commission shall, within fourteen days of taking any final decision as to the estimate for the next financial year, notify the appropriate representative body of the decision.

11

(1) Where—

(a) a representative body have made observations on the estimate submitted to them in accordance with paragraph 10(1) above ;

(b) the Commission concerned have notified the representative body of their final decision, in accordance with paragraph 10(3) above ; and

the representative body may refer the question to the Secretary of State.

(2) Where any question has been referred to the Secretary of State under sub-paragraph (1) above he may, if he considers that the expenditure of the Commission for the next financial year is, on the basis of the estimate, likely to be excessive, give such a direction to the Commission in relation to any matter affecting that expenditure as he considers necessary to ensure that it is not excessive.

(3) It shall be the duty of each of the Commissions to comply with any direction given to them by the Secretary of State under this paragraph.

(4) Any direction given by the Secretary of State under this paragraph may be varied or revoked by a subsequent direction given by him.

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 police authority 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;

(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 312 of the Education Act 1996).

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

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

12

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

The Water Act 1973

13

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

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

15

(1) Section 4 of the Breeding of Dogs Act 1973 (which confers power on a local authority to prosecute for certain offences but is rendered unnecessary by section 111 of the Local Government Act 1972) shall cease to have effect.

(2) In section 5(2) of that Act, in the definition of local authority, after the word “means” there shall be inserted the words “ in England and Wales ” and for the words from “or of a district” to “Wales)” there shall be substituted the words “ the council of a district ”.

SCHEDULE 8

Elements of rate support grants.

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) Part V of the Data Protection Act 1998 (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) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), 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

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

3A

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

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.

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

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

Editorial notes

[^c779444]: Act partly in force at Royal Assent, see s. 43(2); Act wholly in force at 1.4.1979

[^c779445]: Act: transfer of certain functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

[^c779500]: S. 6 excluded by S.I. 1984/1863, arts. 4, 5

[^c779501]: S. 6(1)–(7) repealed by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 125, 149, Sch. 13 Pt. II

[^c779502]: Words repealed by Highways Act 1980 (c. 66), Sch. 25

[^c779503]: 1968 c. 73.

[^c779517]: S. 7 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 12); S.I. 1996/2560, art. 2, Sch. and subject to an amendment (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 6(2)

[^c779518]: S. 8 excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 54(1)(2)

[^c779519]: S. 8(1) repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(6), Sch. 5

[^c779520]: S. 8(2)(3) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch 13 Pt. II

[^c779521]: S. 8(4) repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), Sch. 5

[^c779566]: Power to amend s. 10(1)(2) conferred by Local Government, Planning and Land Act 1980 (c. 65), s. 53(10)(11)(c), Sch. 8

[^c779446]: Pt. I extended by Local Government, Planning and Land Act 1980 (c. 65), s. 68(7); excluded by Highways Act 1980 (c. 66), s. 272(4)

[^c779570]: Ss. 11–14 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 28(5), Sch. 5

[^c779571]: Ss. 15–19, 21 and 22 repealed by S.I. 1990/776, art. 3, Sch. 1

[^c779572]: S. 20 repealed by Rating (Disabled Persons) Act 1978 (c. 40), Sch. 2

[^c779573]: Ss. 15–19, 21 and 22 repealed by S.I. 1990/776, art. 3, Sch. 1

[^c779595]: Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(2)

[^c779598]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 22(3)

[^c779599]: Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 22(4), 194(4), Sch. 12 Pt. II

[^c779601]: Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 22(4), 194(4), Sch. 12 Pt. II

[^c779603]: S. 23(12) restricted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 2(2)

[^c779604]: S. 23(12)(12A)(12B)(13) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

[^c779605]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 2(1)

[^c779606]: Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1)(4), Sch. 11 para. 38, Sch. 12 Pt. II

[^c779608]: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 38

[^c779610]: S. 23(12A)(12B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 23(1)

[^c779613]: S. 23A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 25(2)

[^c779614]: S. 23A extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

[^c779615]: S. 24 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 25(1), 194(4), Sch. 12 Pt. II

[^c779948]: Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 4

[^c779949]: S. 25(1)(aaa) inserted (8.5.2000) by 1999 c. 29, s. 74(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(b), Sch. Pt. 2

[^c779951]: S. 25(1)(ab) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 18(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7, Sch. 23 para. 12)

[^c779952]: S. 25(1)(ba)–(bd) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 4

[^c779953]: S. 25(1)(bbb) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch Pt. 2

[^c779955]: S. 25(1)(be) inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 19

[^c779956]: S. 25(1)(bf) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(1); S.I. 1993/2762, art. 3.

[^c779957]: S. 25(1)(bg) inserted (19.12.2000 with application in relation to England and to police authorities in Wales and 28.7.2001 otherwise) by 2000 c. 22, ss. 107, 108(4)-(6), Sch. 5 para. 14; S.I. 2000/3335, art. 2

[^c779959]: S. 25(1)(c)(ca)(cb) substituted for s. 25(1)(c) by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(a)

[^c779960]: S. 25(1)(c) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k) and by S.I. 1989/1815, art. 2, Sch. 1 para. 6(b)

[^c779961]: S. 25(1)(c) extended by S.I. 1987/2110, art. 2(2), Sch. 2 para. 8(h)

[^c779962]: S. 25(1)(cza) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(3),(with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

[^c779963]: S. 25(1)(ca) substituted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 16; S.I. 1994/2025 art. 6(1)(2)(e)(g) (with art. 6(3)-(6)); S.I. 1995/3262, art. 4(1), Sch. (with arts. 4(2)-(8), 5)

[^c779964]: Words in s. 25(1)(ca) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(j)

[^c779965]: S. 25(1)(caa) repealed (1.4.2002) by 2001 c. 16, ss. 128, 137, Sch. 6 Pt. 2 para. 33, Sch. 7 Pt. 5(1), S.I. 2002/344, art. 3(k)(m) (with transitional provisions in art. 4)

[^c779966]: It is provided that s. 25(1)(caa) is inserted (8.5.2000) by 1999 c. 29, s. 394(1)(4), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

[^c779967]: S. 25(1)(caa) inserted (1.4.1998) by 1997 c. 50, s. 88, Sch. 6 para. 11; S.I. 1998/354, art. 2(1)(2)(au)(az)

[^c779968]: S. 25(1)(cb) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

[^c779969]: Word in s. 25(1)(cb) repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. IX (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

[^c779970]: S. 25(1)(CC) inserted (8.5.2000) by 1999 c. 29, s. 394(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

[^c779971]: Word “and”preceding para. (d) in s. 25(1) repealed (3.7.2000) by 1999 c. 29, ss. 247(7), 423, Sch. 18 para. 16(1)(2)(a), Sch. 34 Pt. IV (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c779972]: S. 25(1)(d) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 18 (with ss. 7(6), 115, 117, Sch. 23 para. 12); S.I. 1996/186, art. 3

[^c779973]: S. 25(1)(e) and word “and”immediately preceding it inserted (3.7.2000) by 1999 c. 29, s. 247(7), Sch. 18 para. 16(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

[^c779975]: S. 25(4A) inserted (8.5.2000) by 1999 c. 29, s. 74(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(b), Sch. Pt. 2

[^c779976]: S. 25(4B) inserted (3.7.2000) by 1999 c. 29, s. 247(7), Sch. 18 para. 16(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

[^c779978]: S. 25(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 4(2), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[^c779981]: S. 25(5)(e) and word inserted (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 2(b) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. IV

[^c780043]: s. 26 modified by S.I. 1991/559, art. 2(3)(5)

[^c780044]: S. 26 modified by S.I. 1986/452, art. 8(3)(5)

[^c780049]: S. 26(7)(a)-(c) and words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(4)

[^c780050]: S. 26(7)(aa) inserted (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 18(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7, Sch. 23 para. 12)

[^c780051]: S. 26(7)(b) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 4

[^c780052]: S. 26(7)(ba) inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(2); S.I. 1993/2762, art. 3.

[^c780053]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(5)

[^c780054]: S. 26(11) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(b)

[^c780055]: S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k)

[^c780056]: S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k)

[^c780062]: S. 27: s. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780063]: Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

[^c780064]: Words in s. 27(1)(a) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(a)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[^c780065]: Words in s. 27(1)(b) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 14(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[^c780069]: S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780070]: Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

[^c780071]: S. 28 power to apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 70(2), 108(4)-(6); S.I. 2000/2948, art. 2

[^c780090]: S. 29: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780091]: Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

[^c780092]: S. 29 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

[^c780162]: S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780163]: Ss. 27–30 modified by S.I. 1986/452, art. 8(3)

[^c780165]: S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1)

[^c780167]: S. 30(3AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

[^c780169]: S. 30(4A) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(2)(5)

[^c780170]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(a)(5)

[^c780171]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(b)(5)

[^c780172]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(c)(5)

[^c780173]: Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

[^c780174]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(4)(5)

[^c780203]: S. 31: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780204]: Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[^c780205]: S. 31 subsections (1)–(2H) substituted for subsections (1)(2) by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 26(1)(2)

[^c780206]: S. 31(3) added by Local Government Act 1978 (c. 39), s. 1

[^c780207]: Words substituted by virtue of Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 39(1)(2)

[^c780208]: Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 7(1)(4)(5)

[^c780209]: S. 31(4) added (8.5.2000) by 1999 c. 29, s. 74(1)(7), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

[^c780225]: S. 31A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 28

[^c780226]: S. 31A: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780227]: Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[^c780232]: S. 31A(7) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(9) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

[^c780259]: S. 32: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780260]: Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[^c780261]: S. 32 applied (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I

[^c780262]: Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(2)(4)

[^c780263]: Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(3)(4)

[^c780264]: S. 32(1)(e) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 40

[^c780265]: S. 32(2) modified (28.7.2001) by S.I. 2001/2286, art. 4, Sch. 3

[^c780266]: S. 32(2) excluded (19.12.2000 with application in relation to England and to police authorities in Wales and 28.7.2001 otherwise) by 2000 c. 22, ss. 67(4), 108(4)-(6); S.I. 2000/3335, art. 2

[^c780267]: S. 32(2)(b) amended by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(3), Sch. 1 para. 1(e)

[^c780272]: S. 32(7) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 3 (with ss. 56, 78)

[^c780305]: S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780306]: S. 33(1)(aa) and words in s. 33(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(2) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[^c780307]: Words in s. 33(1) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(2).

[^c780312]: Words in s. 33(2) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(3)(b)(with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[^c780313]: Words in s. 33(3) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(3)(a).

[^c780314]: Words in s. 33(3) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(3)(b), Sch. 3.

[^c780315]: Words in s. 33(4) repealed (5.2.1994) by 1993 c. 46, ss. 20(1), 20(2), 22(4), Sch. 2 para. 4(4), Sch. 3.

[^c780316]: Words in s. 33(5) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(5).

[^c780317]: Words in s. 33(5) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 17(4)(a) (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[^c780318]: Words in s. 33(5) repealed (1.4.1999) by 1998 c. 38, s. 125, 152, Sch. 12 para. 17(4)(b), Sch. 18 Pt. I (with ss. 139(2), 143(2)); S.I. 1999/782, art. 2

[^c780319]: 1967 c. 13.

[^c780320]: Words in s. 33(6) substituted (5.2.1994) by virtue of 1993 c. 46, ss. 20(1), 22(4), Sch. 2 para. 4(6).

[^c780321]: S. 33A inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 4 (with ss. 56, 78)

[^c780369]: S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

[^c780370]: Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

[^c780371]: S. 34(1): definition of “executive” and “executive arrangements” inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(2) and definition of “executive”and “executive arrangements”inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(2)

[^c780372]: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

[^c780373]: Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12

[^c780375]: S. 34(1): definition of “mayor and cabinet executive”and “mayor and council manager executive”inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(2)

[^c780376]: S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

[^c780377]: Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

[^c780379]: Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II

[^c780380]: 1972 c. 70.

[^c779579]: Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

[^c779580]: Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

[^c779581]: Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

[^c779582]: Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

[^c779583]: Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2 Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

[^c780381]: S. 35(3): application continued by Weights and Measures Act 1985 (c. 72, SIF 131), s. 196(1), Sch. 11 para. 19

[^c780382]: 1972 c. 70.

[^c780383]: S. 36 applied by Housing Act 1988 (c. 50, SIF 61), ss. 65(5), 68(4)

[^c780384]: S. 37 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 6, Sch. 1 Pt. I

[^c780385]: S. 38 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 para. 3(1)(2)(3), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

[^c780386]: The text of s. 39 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c780387]: 1972 c. 70.

[^c780388]: S. 40 repealed by Highways Act 1980 (c. 66), Sch. 25

[^c780389]: The text of s. 42 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c780390]: Power of appointment conferred by s. 43(2) fully exercised: S.I. 1974/335, 1977/943 and 1978/1583

[^c780391]: Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

[^c780392]: Sch. 1 paras. 1–5, 10 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XVI

[^c780393]: Sch. 1 para. 6(a) repealed by Highways Act 1980 (c. 66), Sch. 25

[^c780394]: 1968 c. 73.

[^c780395]: Words repealed by Highways Act 1980 (c. 66), Sch. 25

[^c780396]: Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 11(a)

[^c780397]: Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(b), Sch. 7

[^c780398]: 1968 c. 73.

[^c780399]: Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(c), Sch. 7

[^c780400]: Sch. 1 paras. 1–5, 10 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XVI

[^c780408]: Sch. 3 repealed by S.I. 1990/776, art. 3, Sch. 1

[^c780412]: Sch. 4 para. 3(3) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(5)

[^c780415]: Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4

[^c780417]: Sch. 4 para. 12 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

[^c780414]: Sch. 4 paras. 6–8 substituted for paras. 6–11 by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 24(1)(3)

[^c780409]: Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

[^c780420]: Word inserted by S.I. 1988/242, art. 2

[^c780428]: S. 5(1) repealed (1.10.1998) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

[^c780429]: Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 71

[^c780431]: Sch. 5 paras. 6 and 7 inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 10

[^c780432]: Words in Sch. 5 para. 6 substituted (1.10.1998) by 1998 c. 38, s. 129, Sch. 15 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

[^c780433]: Sch. 5 para. 8 inserted (10.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 6(3); S.I. 1993/2762, art.3.

[^c780419]: Sch. 5 amended by S.I. 1988/242, art. 2

[^c780434]: The text of Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c780435]: 1907 c. 53.

[^c780436]: 1925 c. 38.

[^c780437]: Sch. 6 para. 3 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

[^c780439]: 1947 c. 22.

[^c780440]: Sch. 6 para. 5 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

[^c780442]: 1949 c. 97.

[^c780443]: Sch. 6 para. 7 repealed by Animal Health Act 1981 (c. 22), Sch. 6

[^c780445]: 1951 c. 35.

[^c780446]: Sch. 6 para. 9 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), s. 10, Sch. 2

[^c780448]: 1954 c. 68.

[^c780449]: Sch. 6 para. 11 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11

[^c780451]: Sch. 6 para. 12 repealed by Highways Act 1980 (c. 66), Sch. 25

[^c780453]: 1960 c. 62.

[^c780454]: 1963 c. 29.

[^c780455]: Sch. 6 para. 15 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

[^c780457]: 1963 c. 33.

[^c780458]: 1963 c. 43.

[^c780459]: 1964 c. 70.

[^c780460]: 1967 c. 8.

[^c780461]: Sch. 6 para. 20 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

[^c780463]: Sch. 6 para. 21 repealed by National Health Service Act 1977 (c. 49), Sch. 16

[^c780465]: 1968 c. 73.

[^c780466]: Sch. 6 para. 22(7) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8

[^c780468]: Sch. 6 para. 23 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7

[^c780473]: 1974 c. 3.

[^c780474]: Sch. 7 para. 1 repealed by Derelict Land Act 1982 (c. 42, SIF 46:4), s. 5(2), Sch.

[^c780475]: Sch. 7 para. 2 repealed by Highways Act 1980 (c. 66), Sch. 25

[^c780476]: Sch. 7 paras. 3–10 repealed by S.I. 1990/776, art. 3, Sch. 1

[^c780477]: Sch. 7 para. 11 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7

[^c780478]: Sch. 7 para. 12 repealed (with savings in S.I. 1990/431, Sch. 1 para. 1(a)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. I

[^c780480]: Sch. 7 para. 13 repealed by Land Drainage Act 1976 (c. 70), Sch. 8

[^c780481]: The text of Sch. 7 paras. 14 and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c780479]: 1973 c. 37.

[^c780483]: The text of Sch. 7 paras. 14 and 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c780482]: 1973 c. 60.

[^c780484]: The text of Schedule 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^key-1dc6ca6b54ad7d27c14d4ed62e1ed287]: Words in s. 35(6) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), Sch. 1 para. 5

[^key-445f63639ff0cdeb77c37dca022c33c1]: S. 25(5)(b) repealed (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. IV

[^key-435d50e89c88491f94f1c4979fb4d8a1]: Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2

[^key-d3cc3456f497fe11c6dfb45456e73b33]: Word in s. 33(1)(aa) omitted (14.7.2004) by virtue of Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(i)

[^key-3811e94245db974a24644cdd4eadeebe]: S. 33(1)(c) and word inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(ii)

[^key-0c33cf1ad914237de993acccfc5cd5c3]: Word in s. 33(1) omitted (14.7.2004) by virtue of Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(iii)

[^key-cf4cb47a23920ca722bee2775243f538]: Words in s. 33(1) substituted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(a)(iv)

[^key-279529a4aaa225956dbe6da2abbbd758]: Words in s. 33(2) inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(b)(i)

[^key-8f2e42add079a5acd7dc9510dc1ceb61]: Words in s. 33(2) substituted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(b)(ii)

[^key-df31bc5eeec58163a781be43eeead9c3]: Words in s. 33(5) inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(c)

[^key-1d125c9c632f064fcb62a9e0a16b002b]: Words in s. 33(6) inserted (14.7.2004) by Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), arts. 1, 6(d)

[^key-0e40c40e4b416fc50c3f976c39d782f6]: Pt. III extended (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 24

[^key-4506e8d122115927bd98727343aadb79]: Pt. III extended (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 24

[^key-7bb9e75d7f41df914ee706a22d40056e]: Ss. 1-5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

[^key-e107a91be4de350e3c88429bbd03ae66]: Sch. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

[^key-ae8c71a7bc9d85bd184f9e5bbe6aca68]: Words in s. 10(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

[^key-93fd627b02a0f79f25515140ff99d237]: Words in s. 10(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

[^key-7c5452735f7d9ed4853c8447aaf90b48]: S. 10(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

[^key-e104e7201847bb772ed66d155dc3c115]: S. 30(3A) disapplied by SI 2001/2289 art.4 (as inserted (1.9.2004) by The Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004 (S.I. 2004/1510), arts. 1(1), 3)

[^key-d9c7217dd91b90fb6ccfe8fb92a60758]: S. 23(2A) omitted (24.9.2004) by virtue of Regulatory Reform (Local Commissioner for Wales) Order 2004 (S.I. 2004/2359), arts. 1(3), 2(2)(a)

[^key-e5bc3469770427a98d094424e633dc18]: Words in s. 23(3) omitted (24.9.2004) by virtue of Regulatory Reform (Local Commissioner for Wales) Order 2004 (S.I. 2004/2359), arts. 1(3), 2(2)(b)

[^key-5d60d94e78d75a6109cb6f26cea9b09f]: S. 25(1)(bg) substituted (1.10.2004 except in relation to W., 10.11.2004 in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 42; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

[^key-014f1ed4511158e52dc81abbc74ed272]: Words in s. 33 sidenote substituted (14.7.2005 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 15 para. 7(2); S.I. 2005/1814, arts. 1(2), 2(f)(ii)

[^M_F_1f3406af-007e-4753-853e-224f0538cbd0]: Sch. 6 para. 24 repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 199, Sch. 7; S.I. 2005/3056, art. 1(2), 2(2) (with art. 4)

[^M_F_3e763aa6-70f8-45ec-c59c-1f0ff25da994]: S. 25(5)(c) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 2(a) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2005/1395, art. 4, 5(3)(4), Sch.

[^key-63dbe35e6fef80c41caf4ba534aefdb1]: S. 26(6A) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 11(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-2fc8e4221c916f3ab0e4138ec9eda9c1]: Words in s. 26(6)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 11(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-8bde72ed897a939b1df40780e7413c03]: Words in s. 29(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 12(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-5bd1e4b423031cd3cc26fda8c10dbe9f]: Words in s. 23A(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 9(2)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-b053e24d5b0d697f1eb405cb6c00760a]: Words in s. 23A(1)(a) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 9(2)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-a1ef37b70e09c155cb9b26e8eb5f95e7]: Words in s. 23A(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 9(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-3582599cae9ae865e0c66c34daf78e26]: Words in s. 23A(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 9(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-b48292d27de36085b68630058c2c60da]: S. 23A(6) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 9(6), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-a6f84c6c270b5ab8d17ff228016ab915]: Words in s. 25(1)(bg) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 10(d) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-b46acd027ef400c6dfae93d606653089]: Words in s. 25(1)(bd) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 10(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-1f6a7dbb2d55d51e5e40112460cc186c]: Words in s. 25(1)(be) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 10(c) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-ab8725efb24f3ccc33c808141e392b14]: Words in s. 25(1)(ca) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 10(e) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-56c307a5fc822a7869cfb9390a56998c]: Words in s. 25(1)(d) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 10(f) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-c17fba3ebe310aca6765422ef11c2cf8]: Words in s. 25(1)(ab) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 10(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-9448f5a6db5d6b6c13d675d2a47ebd21]: Words in s. 32(5) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 13(5)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-f1a62b2d9d9c1094f9bf6b6c72a2a09e]: Words in s. 32(5) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 13(5)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-aaff386d55062c29e3d5c478dfcd64f8]: Words in s. 32(5) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 13(5)(c), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-465f891cbdbba2cc6cdadddbb20cb71e]: S. 32A repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 14, Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-4108e2a38ef6f1ad9dd2907d1ea1861a]: Words in s. 34(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-06c891350dc0b8b88ef6ca031c52c16c]: Words in s. 34(1) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-e5bcdfb2a02781c2b45518bf04dedf05]: Words in s. 34(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-554a7c1ead462c58959fef73f8cee12b]: Words in Sch. 4 para. 1(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-fca0eba02dadc9532be8df89f411c80d]: Words in Sch. 4 para. 3(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(4)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-4d67335dd245972e11cf8e4d0e00b171]: Words in Sch. 4 para. 3(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(4)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-d03e02949567fcdc5fe21d82dcfacc46]: Words in Sch. 4 para. 4(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(5)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-53cd2690e49ae992e1483f5fee11081c]: Words in Sch. 4 para. 4(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(5)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-b11cf32e659d1de5cc1468e1b1c77448]: Words in Sch. 4 para. 4(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(5)(c) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-d93813a344e69f24c34c6fe42beeb9bf]: Sch. 4 para. 4(4) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(5)(d), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-cef2efa51a00ed8663c2a18406da1d2d]: Words in Sch. 4 para. 5(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(7)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-60e7db11252e83917d076942f6c9e9e2]: Words in Sch. 4 para. 5(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(7)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-894044151170853000c226919acc7a47]: Words in Sch. 4 para. 5(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(7)(c) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-f5f1a60ffc99d69036949e892de7ccd4]: S. 33(1)(ba) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(c) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-8f3fc5f6dda96c48fee664982d52b514]: Words in s. 33(1) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(e) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-35131bdefbc0f2bd44b3cd2f87f88f56]: S. 33(1)(aa) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-4c25c98a4975aefb39e75b7d4411a9ce]: S. 33(1)(aza) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-407907c4cc35f4682c207352981ff1a4]: Words in s. 33(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-c9c6cb790defc3851566cf24b06541ac]: Words in s. 33(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(3)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-e1c01405051ac83b9dec90852f048094]: Words in s. 33(5) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(4)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-3818038fae3c9bb8b8a5e5f8aedb0345]: Words in s. 33(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(4)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-dece1715dbb2a129a3ffe68562f2698a]: Words in s. 33(1)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-173a8165725dacf1ef5ec54f7268954b]: Words in s. 33(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 15(2)(d), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-de0c55c5ed6c5b353cdfdebf081e52f7]: Words in s. 23(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(4) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-3503a12ec1170aeb6109d2f5872ea232]: S. 23(3A) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(5), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-234b85e6bed89db4e2a095d2d173abed]: Words in s. 23(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(2)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-fb4213e3ec75e06b99c79e588ac28827]: S. 23(1)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(2)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-4090bad2f4156b3501e944049a6f94d6]: Words in s. 23(10) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(8)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-82dd6b974caf9636bb8578042a10d870]: Words in s. 23(10)(a) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(8)(b) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-283b25358929f8b44efcd9e76dbe54ae]: Words in s. 23(11) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(9)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-773ccc061090a1cc09d1a01b44b0c05d]: Words in s. 23(11) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(9)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-631b83c6a0d4a5f71ce45a4f439989b9]: Words in s. 23(12) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(10)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-1b11e68e01f90fecd5fc8c5caa1c563f]: Words in s. 23(12) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(10)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-fd2062b54ffc2cf1a2cc8be870807759]: Words in s. 23(12A) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(11) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-d0d30ca4670b10b7566e7678d5d1ede6]: Words in s. 23(13) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(13) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-3a9465a94aa81be34ed81c7806d8a967]: Words in s. 23(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(3) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-3928328f3d5e83a5e1fbbb39a24231a5]: Words in s. 23(7) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(6) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-28ee5c318d2a50d76888b41497079995]: Words in s. 23(12B)(a) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(12), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-e8f3bbc740182d6ac6f4c7bcb568305b]: Sch. 4 title substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 17 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-d955ec84c8c8ea4d13008a197eac2d58]: Words in Sch. 4 para. 5 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(6) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^key-2ab5d578577751f7fdf43c512239f2ef]: Words in Sch. 4 para. 6 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(8) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[^M_F_a8c8f72d-c0ec-4361-f655-9bd054a02bad]: Sch. 4 para. 8A repealed (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(13), Sch. 7 (with s. 38); S.I. 2005/2800, arts. 3(b), 5(1)(3), Sch. 1 Pt. 2 (with art. 7)

[^key-a2d9ecf53007414499ce17b594656d57]: S. 9 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 59; S.I. 2006/2541, art. 2 (with Sch.)

[^key-3606464f35492d8745283a617dc280c2]: S. 30(3A) disapplied (3.5.2007) by The Local Authorities (Model Code of Conduct) Order 2007 (S.I. 2007/1159), arts. 1(1), 3(b) (with art. 1(2))

[^key-a6e8a933d03c06fe7b4bfd04bca77903]: Words in s. 27(1)(a) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 10(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

[^key-f095e96a677461190428d00e4b496d56]: Words in s. 27(1)(b) inserted by Government of Wales Act 2006 (c. 32), s. 160, Sch. 10 para. 10(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

[^key-40141192945090d30d9a34861728bce9]: Words in s. 25(5)(c) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 2(b); S.I. 2007/935, art. 7(o)

[^key-638b77a3a3b862a68db54edfee39f66b]: S. 25(5)(a) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 2(a), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

[^key-e1adfeecff7c916d30593966bc4f7486]: S. 33ZA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 4

[^key-a9cf0b022d62578e1962d9ea398ae442]: S. 26(5)(a)(b) substituted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 15

[^key-f903ea082b0ead6de4140e2047ecfbdb]: S. 29(6A)(6B) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 13

[^key-781aa50bfb926a8e970036d0a7255763]: S. 32(1)(ba) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 9

[^key-8289ecc66111dbc6db5f91db14ef1732]: S. 32(2)(aa) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 10

[^key-4fa3f3f70cec55e9260d04a851ea8506]: Sch. 4 para. 4(6) inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 5

[^key-d39b800861ca68571cd2439a4414d67b]: Words in s. 30(2AB) repealed (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 14(2), Sch. 18 Pt. 3

[^key-1f2ef4964afb4fee94a26bff3776d1a5]: Word in s. 34 substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 15(2)

[^key-062cafa5c1ca7b4fbeeec007770ca561]: Sch. 4 para. 2A substituted for Sch. 4 para. 2 (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 179(4), 245(5); S.I. 2008/917, art. 2(1)(l)

[^key-98a28ad55ff1142fb11d4886a4fa6a4d]: Sch. 4 para. 13 and cross-heading inserted (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. 181, 245(5); S.I. 2008/917, art. 2(1)(m) (with art. 6(5))

[^key-514259501c8a5859a7df557bed927436]: S. 24A inserted (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. 171, 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-38ee10f9157b47d059e2249654a1817b]: Ss. 26A-26D inserted (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. 174(1), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-6cc7dc8b75756c5b06ac5ad8ad70eb86]: S. 31B inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 177, 245(5); S.I. 2008/917, art. 2(1)(j)

[^key-0230151ce35375ba0d07d737288f3b60]: S. 23(4A) inserted (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(3), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

[^key-5df39b00f37387d32c13b75dbe54fdba]: S. 23(5)-(5B) substituted for s. 23(5) (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(4), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

[^key-cab692616bd6022c7f68aba7d9ece225]: S. 23(6A) inserted (1.4.2008 in so far as it relates to appointments of Local Commissioners made on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(6), 245(5); S.I. 2008/917, art. 2(1)(f) (with art. 6(4))

[^key-cb588d5b5bd4fc4f2ad19946992774a2]: S. 23(8A) substituted for substituted for s. 23(8)(9) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 169(2), 245(5); S.I. 2008/917, art. 2(1)(g)

[^key-f3eb6a3767e11192fce0ae9e65d1cd02]: Words in s. 23(10)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 169(3), 245(5); S.I. 2008/917, art. 2(1)(g)

[^key-b0ee62a9e8c920ad622010ab87bb38b7]: Word in s. 23(12) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 2; S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-be2c1368c284d31453abedeb16ff46e2]: Words in s. 23(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(2), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(f)(ii)(v) (with art. 6(4))

[^key-1263265469211981b1cf137822f6972f]: Words in s. 23(6) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 168(5), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(f)(ii)(v) (with art. 6(4))

[^key-196356321faab19d2a55dae9f9019206]: S. 23A(3A) inserted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(5), 245(5); S.I. 2008/917, art. 2(1)(h)

[^key-77d666a8ba66fa0c60f0c49b347708b7]: Words in s. 23A(1) inserted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(2), 245(5); S.I. 2008/917, art. 2(1)(h)

[^key-86ad131553fb9873dfa929f058f27b38]: Words in s. 23A(2) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(3)(a), 245(5); S.I. 2008/917, art. 2(1)(h)

[^key-b3ba906a089551eb0504d0a9704fc08f]: Words in s. 23A(2) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(3)(b), 245(5); S.I. 2008/917, art. 2(1)(h)

[^key-1e9b16a499789c52d258a791d3b8cd6b]: Words in s. 23A(3) substituted (1.4.2008 in relation to any report submitted on or after 1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(4), 245(5); S.I. 2008/917, art. 2(1)(h)

[^key-60770ef2ea3c07b8fa669e84313b0bd7]: S. 23A(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(6), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(h)(ii)(v)

[^key-a4b8f586d588b8e6168ee4c60c72ec5f]: S. 23A(5) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 170(6), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(h)(ii)(v)

[^key-18345a8cba012e8255101c8a5a2c901b]: S. 25(4A)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(4), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))

[^key-672500019bf41888239104ace346d42d]: S. 25(4A)(c) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(4), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))

[^key-64f899e8c8f3469a0cd1ceafddb8226c]: S. 25(4B) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 172(5), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))

[^key-477cb264dc61006b35a45f41bf3247da]: S. 25(4ZA) inserted (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. 172(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-d6aeb1481e7345eed199c144a168b032]: S. 25(6)-(8) inserted (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. 172(7), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-d3c35e6fc2ba39811b415697334e8665]: Words in s. 25(5)(c) inserted (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. 172(6)(a), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-539acf985c49048c9fb9115873373f55]: Words in s. 25(5)(e) inserted (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. 172(6)(c), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-654020391952c02fedad48f4b884e16e]: S. 25(4)(b) and words substituted for s. 25(4)(b)(c) (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. 172(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-e2c9f95fd85c5c3a39753357be41b270]: Words in s. 25(5)(d) inserted (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. 172(6)(b), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-da8009bdaf1c0c1872b3f20ef668a96a]: S. 25(1)(cd) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 31(2); S.I. 2008/917, art. 2(1)(p)

[^key-6c2bf72c6e4ed0324e3aec484f7d0186]: S. 26(1)(1A) substituted for s. 26(1) (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(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-7439ce024bbc0af4be4692aabac6bcf3]: Words in s. 26(6) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-0cbee0b45bd5c78561830112e88e838e]: Words in s. 26(6A) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(4); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-b79693ffeb0f861775b48e69b0048b56]: Words in s. 26(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-d7181b480d04df36206455d2848cf5f8]: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-58f4c700b0e4a35f41119ae052eb5f4e]: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-c9e2789f931c7409702058d81c85ca14]: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(iii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-86653c0fc8a158dbdbb15ca8e3676a13]: Words in s. 26(5)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(b)(iv); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-1d682cebec2d46b72ae3c8a2f9d15f1a]: Words in s. 26(5)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(c)(i); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-574af881cfa605632d672d3e3d756dcd]: Words in s. 26(5)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(2)(c)(ii); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-e84e5937c381d6e92ffc5d6975dc90ef]: Word in s. 26(7)(ba) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-63c7f548fc252e0e44a15aee173b251d]: Word in s. 26(7)(aa) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-7637e1b0b212db9ff15903e878c341a2]: S. 26(13) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(8), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-2fd5de5a25b6cab5c6c920a1d879f7d5]: S. 26(10) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(6), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-d39a8ed9586dee281eb0cef089e25be9]: Words in s. 26(11)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(7)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-fa7b68ef8b0fe7103645dda6398f2f7b]: S. 26(11)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(7)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-9e86a9b6cc6948f24235e86aa61b904e]: S. 26(12) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 3(8), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-f165055d64cb2f655fabe8f828a22b03]: S. 26(2)-(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 173(3), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))

[^key-b77e5bcaf5e9f587edfb7291f6701d03]: S. 26C(6)(d) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 13 para. 31(3); S.I. 2008/917, art. 2(1)(p)

[^key-32c833d12fff17ba93830c321ca3cc0b]: S. 27(2) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 174(2)(c), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(i)(ii)(v) (with art. 6(5))

[^key-623ee9f1eaffdf4a3d5b600ed7dc458c]: S. 27 title 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. 174(2)(a), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-585d08e6514895a632ce568dad9d5c10]: Words in s. 27(1) 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. 174(2)(b), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-3568ba1d7c05b52bfe415d086374433d]: Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-3420c267d60a4da012192f03c7308fb0]: Words in s. 28(1) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-fb5b035616310d5a491af7681d1db8b5]: Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-bc56b9cb76f2653fd4fcc40cbe043c77]: Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(d); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-234dfd7c61a9bbf14534fd0f31f68a5a]: Words in s. 28(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-b30d7e51ba82efa2c69150ec3182397c]: Words in s. 28(3) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(4)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-e880bd3b465ab12e6cb03ed94c73838f]: Words in s. 28(3) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(4)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-b1736adebc2a16ba3fb88a4aa08bd27c]: Words in s. 28(4) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(5)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-08f6bf054d922b0a60ba644abb6aa706]: Words in s. 28(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(5)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-ff92f3135cf760ac1b49b5228c736370]: Words in s. 29(8) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 5(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-043bc7e5e2949f8ce53011216a405375]: S. 30(1)-(1D) substituted for s. 30(1) (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. 175(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-8f18f7fa93c41068e922d37437ad35cb]: S. 30(2B) inserted (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. 175(5), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-e624183b50aca55862849c9adecdc8d6]: Words in s. 30(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. 175(6), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-ab1abaacba23fecb0046bf56c3c4d662]: Words in s. 30(2) 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. 175(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-086f1c203d0397e5b727bf6e0235da24]: Words in s. 30(2AA)(a) 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. 175(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-ac33779f2ae2a58058c2cef9530b7752]: Words in s. 30(7) 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. 175(7), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-769abd771a042deceb91eda450d536c3]: S. 31(2B)(2BA) substituted for s. 31(2B) (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. 176(3), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-7104db6d32f87026f5d3ae7372d4c509]: S. 31(1) 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. 176(2), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-36543e5001eee12d7bd276a54e42a26d]: Words in s. 31(3)(b) 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. 176(4), 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

[^key-782cb58c5a8edcfa86f72fe20cc727ec]: Ss. 31A(1A)-(1C) substituted for s. 31A(1)-(2A) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(2); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-804ee97c462a1876d4d6a2910bfd2605]: Words in s. 31A(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(3)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-84af338d6dbd0330b0fdb69f75b111bd]: S. 31A(3)(b)(c) substituted for s. 31A(3)(b) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(3)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-e30423b3a45ded9c10f12a313fbd4a2f]: S. 31A(5A) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-c15b2b07b8adf62ea7e45bbb8d0a2368]: Words in s. 31A(3)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(3)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-827376020b99544b8520e9b3e72341c7]: Words in s. 31A(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(4); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-068b08c397d0ddb496a616e4f3230386]: S. 31A(6) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-ff3898351b0917991c2b5434d486f3ad]: Words in s. 31A(7) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(6)(a), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

[^key-487fd97b59e338c3b358e6779b6e1793]: Words in s. 31A(7) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(6)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-7787abe3cc628394c7a19d35ec0d4e72]: Words in s. 31A(7) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(6)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-241dc8788888754ad14b9d3ba10fc3fa]: S. 32(3A) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 178(1), 245(5); S.I. 2008/917, art. 2(1)(k)

[^key-f914ff554c349577042ec5f034791694]: S. 32(3B) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(9); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-d890a05be5a730bb005413b14fefe684]: Words in s. 32(1)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(2); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-5976e3e9334734160350064911b3d37f]: S. 32(1)(f) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(6); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-5ee6968a09b57ee4f7a855763cfbe723]: Words in s. 32(1)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(3)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-2a40224d34cf96a6c0ccc6c8b6cffc47]: Words in s. 32(1)(b) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(3)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-7ed6138f96044c92c376503031af8e45]: Words in s. 32(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(7)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-9c45f25cf07580d7ac4d7fbf6475e79b]: Words in s. 32(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(7)(d); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-1fc0e89abaa7047f2464707c8f16b09e]: Words in s. 32(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(8)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-8cf695343bf9ac73cf6349f3a237c833]: Words in s. 32(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(8)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-26e3780909da63627d45173398220db4]: Words in s. 32(1)(ba) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(4); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-335113f7a70ad964931aa958a0e3e0c6]: Words in s. 32(1)(d) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(5); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-1ef068408219e36a16c8031142c4415b]: Words in s. 32(2)(a) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 7(7)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

[^key-5709954c748c62603a1ffbb92d1e50d1]: 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))

[^key-6ddbfe3b25aab8cc7bf69a7ac5885e56]: 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))

[^key-6131f902e65c10dc29c9f1d951fc8fc8]: 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))

[^key-39e3343cce85288b57effed1768df50a]: 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))

[^key-4aeef9c3cada01670e0ee5fda313843d]: 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))

[^key-271f0ec7a9498224853e54f6061754e6]: 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))

[^key-328edb8244bc6a4d8999a039efd3019f]: 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)

[^key-7a492d48c6f1626418a87b25d69ad246]: 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))

[^key-afeadded85d786adea0e7921e90b8ce1]: 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))

[^key-218cbbbbebb8326c40ef2dfc98d47331]: 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)

[^key-ed0b95f70aef86577312ecf7bc5fb9ef]: 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)

[^key-c4887bac79767a83ceb41a3be5bfd9be]: 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)

[^key-60d2959b914c30c2faa7ea936b155089]: 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))

[^key-a439d9a74216340ba5d5a5ddd25990d8]: 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))

[^key-f93f758455b3b8573e14afdf974fc57a]: 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))

[^key-4182a1702eba2c116b5bb1a529d6d6ef]: 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))

[^key-b4b80e0a0cea7b1323874ee1feb0c7b7]: 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))

[^key-c22a16b013e7c58d7f15ed3d5e98e1ab]: 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))

[^key-aa914d1bd0e1d9e65a950f0088f708d1]: 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))

[^key-fa6e7b328dcd991a1334b46e8c1f78f0]: 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))

[^M_F_17687ce2-4127-4435-8b2e-80abb3f60cc3]: 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)

[^M_F_3bb2cb31-2504-4664-f76f-6b50891add83]: 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)

[^M_F_2a468f08-fbb6-4188-dec2-95334d81c788]: 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)

[^M_F_cdb9bbc9-e250-4046-b6de-9e7a77a48eb6]: 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

[^key-b4fd275c122bd50e164cc31d73c21b89]: 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))

[^key-d7e5fdbf4dd9659ff7f3dfe26c2e67c9]: 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))

[^key-7d4d4b412f06995f87cb345eef55d86f]: 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))

[^key-05ffac88e288893e1bf71a7d70ae650a]: 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)

[^key-5369e32030b594ac15c4bec013ca9dd3]: 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)

[^key-7e34a3cdde64d14d817ce18e8ce2fe15]: 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)

[^key-1fe2c05d2daa76135f75444cce4690c4]: 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)

[^key-2cc6d778254a2e7d33c373597390868a]: 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.

[^key-b5febabfc5ef62c586b547e29b315a91]: Sch. 4 para. 1(2C)(2D) inserted (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(2), 269(4); S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

[^key-87e5972399b73eef7ae37381e483b52d]: 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

[^key-3be642587f35d5597f082e2a19a13cd9]: 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

[^key-616570e5bc05264ab9fe75b941bf39ce]: 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

[^key-ec3823cf987824f5ab826a6587e41579]: 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

[^key-6d69555555c4abac808e0255dd70db8d]: 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

[^key-171ceaad615d76648b81c23c4f7e1395]: 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

[^key-735c3c20772e478fa38d61245d4360d7]: 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

[^key-a7bd2d7785295cc998c0bad77f9f87a5]: 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

[^key-43213229cb604ceba0c6633a52974f3b]: 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

[^key-327bd600ca2df532becc1db2c53c49fd]: 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)

[^key-7c363e117c627739c488c492939d460b]: 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)

[^key-7c77e57cabdfaf0bc66f8f85ff32209b]: 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

[^key-3fdf3443ecae2aeba9e5d5e59f4c5e87]: 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

[^M_F_7eb7d1fb-a3b5-427b-d3d3-59b0fa8ff956]: 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

[^M_F_eb0d8671-4bf7-4b27-819e-b068b9631d9e]: 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

[^M_F_7ade4b79-e2f2-463c-f0f5-d80b19d90549]: 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

[^M_F_de2c4e1f-27c8-410e-d506-21d09dc77165]: 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

[^key-f232b57c864133494162430feb4f15b2]: 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))

[^M_F_fd628983-ed63-49a2-fa17-da802d279fb2]: S. 30(8) added (8.5.2000) by 1999 c. 29, s. 74(1)(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

[^M_F_3bbaa1ad-b21d-4550-8484-bac3c50845f7]: S. 30(2AA) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b)

[^M_F_25f1dfb6-5175-48a7-c3ea-2fdf04b0774d]: 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)

[^M_F_20ecfe97-9af3-4797-9f1d-82598221df9c]: 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)

[^M_F_9f69e708-5bdf-4601-ce20-342e3aba6bc7]: 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)

[^M_F_0a620890-ec3a-4e5d-c96f-1a77c1c9fe9e]: 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)

[^M_F_248928b4-e948-4462-f5ab-a683fca7140b]: 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)

[^M_F_99802468-fb98-400e-8345-03f8ce33596c]: 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)

6A

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

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

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

Reports on investigations: further provisions.

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

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

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.

(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.

(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.

Matters subject to investigation.

Who can complain

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) in relation to an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007, a person who may be a member of the authority in accordance with section 208 of that Act.

(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.

(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.

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

(c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2) In subsection (1)(b)(ii), “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, the day on which the personal representatives of the person affected first had notice of the matter.

(3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

Procedure in respect of investigations.

Investigations: further provisions.

Reports on investigations: further provisions.

Publication of reports etc by Commissioners

Consideration of adverse reports.

Publication of reports etc by Commissioners

31B

(1) A Local Commissioner may—

(a) publish all or part of a report or statement under section 30,

(b) publish all or part of a report under section 31,

(d) publish a summary of a matter which is the subject of a report or statement under section 30 or 31,

if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so.

(2) A Local Commissioner may—

(a) supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and

(b) charge a reasonable fee for doing so.

(3) Subsection (3) of section 30 applies to—

(a) any part of a statement under section 30, and

(b) any part of a summary of a matter,

that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.

Removal or relaxation of controls affecting certain local authority functions.

2A

A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—

(a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—

(i) matters relating to the authority, or

(ii) matters of a description which may include matters relating to the authority, and

(b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).

Delegation

13

(1) Any function of a Commissioner may be discharged on the Commissioner's behalf—

(a) by any person authorised by the Commissioner to do so, and

(b) to the extent so authorised.

(2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.

5A

(1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.

(2) A determination under sub-paragraph (1) must be approved by the Treasury.

Delegation

Consideration of adverse reports.

Publication of reports etc by Commissioners

Collaborative working between Local Commissioners and other Commissioners

Part 3A — Investigation of complaints about privately arranged or funded adult social care

Private adult social care: matters subject to investigation

34A

(1) This section applies for the purposes of this Part.

(2) “Adult social care” means social care within the meaning of Part 1 of the Health and Social Care Act 2008 which is provided to persons aged 18 or over.

(3) “Adult social care provider” means a person who carries on an activity which—

(a) involves, or is connected with, the provision of adult social care, and

(b) is a regulated activity within the meaning of Part 1 of the 2008 Act.

(4) Action is to be treated as action taken by an adult social care provider if it is taken by—

(a) a person employed by that provider,

(b) a person acting on behalf of that provider, or

(5) Action is also to be treated as action taken by an adult social care provider if—

(a) that provider provides adult social care by means of an arrangement with another person, and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.

34B

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

(a) which relates to action taken by an adult social care provider in connection with the provision of adult social care, and

(b) in relation to which Condition 1 or 2 is met.

(2) But a Local Commissioner may not conduct an investigation under this Part in respect of any action or matter described in Schedule 5A.

(3) Condition 1 is met if a complaint about the matter which satisfies sections 34C and 34D has been made to a Local Commissioner.

(4) Any question whether Condition 1 is met in relation to a matter is to be determined by a Local Commissioner.

(5) Condition 2 is met if—

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

(b) section 34E applies to the matter.

(6) Before investigating a matter under this Part a Local Commissioner must be satisfied that—

(a) the matter has been brought, by or on behalf of the person affected, to the notice of the adult social care provider to which it relates and that that provider 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 provider or for that provider to be afforded a reasonable opportunity to investigate the matter and to respond.

(7) In subsection (6) the reference to a person affected includes a reference to that person's personal representatives.

(8) In deciding whether to initiate, continue or discontinue an investigation, a Local Commissioner must, subject to the provisions of this section and sections 34C to 34E, act in accordance with the Local Commissioner's own discretion.

(9) Without prejudice to the discretion conferred by subsection (8), a Local Commissioner who is satisfied with action which the adult social care provider concerned has taken or proposes to take may in particular decide—

(a) not to investigate a matter, or

(b) to discontinue an investigation of a matter.

(10) Her Majesty may by Order in Council amend Schedule 5A by adding, omitting or changing a description of an action or matter.

(11) A statutory instrument containing an Order in Council made under subsection (10) is subject to annulment in pursuance of a resolution of either House of Parliament.

34C

(1) A complaint about a matter under this Part may only be made—

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

(b) by a person authorised in writing by P to act on P's behalf, or

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

(a) by D's personal representatives (if any), or

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

34D

(1) Subject to subsection (3), a complaint about a matter under this Part 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.

34E

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

(a) the matter came to the Local Commissioner's attention during the course of an investigation under Part 3 or this Part,

(b) (subject to subsection (3)) the matter came to the Local Commissioner's attention—

(i) before the person affected or that person's personal representatives had notice of the matter, or

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

(c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.

(2) In subsection (1)(b)(ii), “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, the day on which the personal representatives of the person affected first had notice of the matter.

(3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

Investigations by a Local Commissioner

34F

(1) A Local Commissioner who proposes to investigate a matter under this Part must give the following persons an opportunity to comment on the matter—

(a) the adult social care provider concerned;

(b) any person who is alleged in the complaint (if any) to have taken or authorised the action which would be the subject of the investigation;

(2) Every investigation under this Part is to be conducted in private.

(3) Subject to subsection (2), the procedure for conducting an investigation is to be such as the Local Commissioner considers appropriate in the circumstances of the case.

(4) The Local Commissioner may, in particular—

(a) obtain information from such persons and in such manner as the Local Commissioner thinks fit,

(b) make such inquiries as the Local Commissioner thinks fit, and

(5) The Local Commissioner may, if the Local Commissioner 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—

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

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

34G

(1) For the purposes of an investigation under this Part a Local Commissioner may require the following persons to furnish information or produce documents relevant to the investigation—

(a) the adult social care provider concerned;

(b) any other person who in the Local Commissioner's opinion is able to furnish any such information or produce any such documents.

(2) Nothing in subsection (1) affects the restriction imposed by section 26 of the PSOWA 2005.

(3) For the purposes of an investigation under this Part a Local Commissioner has the same powers as the High Court in respect of—

(a) the attendance and examination of witnesses, and

(b) the production of documents.

(4) To assist in any investigation, a Local Commissioner may obtain advice from any person who in the Local Commissioner's opinion is qualified to give it.

(5) A Local Commissioner may pay to any such person giving advice such fees or allowances as the Local Commissioner may determine.

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

(7) Any person appointed under subsection (6) is to be deemed to be an officer of the Commission in carrying out functions under that appointment.

(8) No person may be compelled for the purposes of an investigation under this Part to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.

(9) If any person without lawful excuse—

(a) obstructs a Local Commissioner in the performance of the Local Commissioner's functions under this Part,

(b) obstructs any person discharging or assisting in the discharge of those functions, or

(c) is guilty of an act or omission in relation to an investigation under this Part 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.

(10) 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 (“D”), and after hearing any statement that may be offered in defence, deal with D in any manner in which the High Court could deal with D if D had committed the like offence in relation to the High Court.

Statements etc. about investigations

34H

(1) A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—

(a) decides not to investigate a matter under this Part,

(b) decides to discontinue such an investigation, or

(2) In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.

(3) In a case falling within subsection (1)(c), the statement must—

(a) set out the Local Commissioner's conclusions on the investigation, and

(b) include any recommendations the Local Commissioner considers it appropriate to make.

(4) The recommendations the Local Commissioner may make are recommendations with respect to action which, in the Local Commissioner's opinion, the adult social care provider concerned should take—

(a) to remedy any injustice sustained by the person affected in consequence of the action of the provider which was the subject of the investigation, and

(b) to prevent injustice being caused in the future in consequence of similar action of the provider.

(5) The Local Commissioner must send a copy of a statement prepared under this section to each of the persons concerned.

(6) The persons concerned are—

(a) the complainant (if any);

(b) the adult social care provider concerned;

(c) any person who is alleged in the complaint (if any) to have taken or authorised the action which was the subject of the investigation;

(d) any person who otherwise appears to the Local Commissioner to have taken or authorised such action.

(7) The Local Commissioner may send a copy of a statement prepared under this section to—

(a) the Care Quality Commission, and

(b) any local authority which appears to the Commissioner to have an interest in the subject matter of the statement.

(8) The statement must identify the adult social care provider concerned unless—

(a) the provider is an individual, or a particular individual would, in the opinion of the Local Commissioner, be likely to be identified as a result of identifying the provider, and

(b) the Local Commissioner considers that it is not appropriate for the individual to be identified.

(9) The statement must not—

(a) mention the name of any person other than the provider, or

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

unless, after taking into account the public interest as well as the interests of that person, 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 statement any such particulars.

34I

(1) This section applies where an adult social care provider receives a statement prepared under section 34H which contains recommendations.

(2) The adult social care provider concerned must—

(a) consider the statement, and

(b) notify the Local Commissioner within the required period of the action which the provider has taken or proposes to take.

(3) The Local Commissioner may by notice require the provider to arrange for an adverse findings notice to be published in accordance with subsections (4) and (5) if the Local Commissioner—

(a) does not receive the notification mentioned in subsection (2)(b) within the required period or is satisfied before the end of that period that the adult social care provider concerned has decided to take no action,

(b) is not satisfied with the action which the provider concerned has taken or proposes to take, or

(c) does not within a period of one month beginning with the end of the required period, or such longer period as the Local Commissioner may agree in writing, receive confirmation that the provider has taken action, as proposed, to the satisfaction of the Local Commissioner.

(4) An adverse findings notice is a notice, in such form as the adult social care provider concerned and the Local Commissioner may agree, consisting of—

(a) details of any action recommended in the statement which the provider has not taken;

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

(c) if the provider so requires, an explanation of the provider's reasons for having taken no action on, or not the action recommended in, the statement.

(5) The adverse findings notice must be published by the adult social care provider in such manner as the Local Commissioner may direct.

(6) If the adult social care provider—

(a) fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5), or

(b) is unable, within the period of one month beginning with the date on which the provider received the notice under subsection (3), or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the adverse findings notice to be published,

the Local Commissioner must arrange for an adverse findings notice to be published in such manner as the Local Commissioner considers appropriate.

(7) The adult social care provider concerned must reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing the duty under subsection (6).

(8) In this section the “required period” means—

(a) the period of one month beginning with the date on which the adult social care provider concerned received the statement, or

(b) such longer period as the Local Commissioner may agree in writing.

34J

(1) A Local Commissioner may—

(a) publish all or part of a statement under section 34H,

(b) arrange for further publication of all or part of an adverse findings notice published under section 34I(3) or (6), or

(c) publish a summary of a matter which is the subject of a statement or adverse findings notice under section 34H or 34I,

if, 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 appropriate to do so.

(2) A Local Commissioner may—

(a) supply a copy of all or part of a statement, adverse findings notice or summary mentioned in subsection (1) to any person who requests it, and

(b) charge a reasonable fee for doing so.

(3) Subsections (8) and (9) of section 34H apply to any part of a summary of a matter that is published, or a copy of which is supplied, under this section as they apply to a statement prepared under that section.

34K

(1) 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 must not be disclosed except—

(a) for the purposes of the investigation and of any statement, adverse findings notice or summary under section 34H, 34I or 34J,

(b) for the purposes of an investigation under Part 3 and of any report, statement or summary under section 30, 31 or 31B in relation to such an investigation,

(c) for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner (or both),

(d) for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained, by virtue of this Part, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of a Local Commissioner,

(e) for the purposes of any proceedings for an offence of perjury alleged to have been committed in the course of an investigation under this Part,

(f) for the purposes of an inquiry with a view to the taking of proceedings of a kind mentioned in paragraph (d) or (e), or

(g) for the purposes of proceedings under section 34G(10).

(2) A Local Commissioner or a person discharging or assisting in the discharge of a function of a Local Commissioner may not be called upon to give evidence in any proceedings (other than proceedings within paragraphs (d), (e) or (g) of subsection (1)) of matters coming to his or her knowledge in the course of an investigation under this Part.

(3) A Local Commissioner must not prepare a statement under section 34H which includes government information unless the Local Commissioner has—

(a) obtained the written consent of an officer of the government department concerned, or

(b) given the department not less than one month's notice in writing of the intention to include the information in a statement.

(4) In subsection (3) “government information” means information disclosed under section 34G(1) which—

(a) is derived from a communication with a government department, and

(b) has not been made public.

(5) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 is to be treated for the purposes of subsection (1) as obtained for the purposes of an investigation under this Part and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation has effect as a reference to any investigation.

Delegation

34L

(1) For the purposes of the law of defamation the following are absolutely privileged—

(a) the publication of any matter in communications between an adult social care provider 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;

(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 for the purposes of this Part with a person mentioned in subsection (2);

(d) the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);

(e) the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;

(f) 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 34S.

(2) The persons mentioned in subsection (1)(b) are—

(a) a complainant or the person affected in relation to a matter;

(b) the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;

(d) a local authority.

Arrangements with other Commissioners etc.

34M

(1) Subsection (2) applies if, at any stage in the course of an investigation under this Part, 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 by—

(a) the Parliamentary Commissioner, in accordance with the PCA 1967;

(b) the Health Service Commissioner, in accordance with the HSCA 1993;

(d) the Public Services Ombudsman for Wales, in accordance with the PSOWA 2005.

(2) The Local Commissioner—

(a) must consult with the appropriate Commissioner or Ombdusman about the matter, and

(b) where a complaint was made about the matter must, if the Local Commissioner considers it necessary, inform the person initiating the complaint under this Part of the steps necessary to initiate a complaint under the PCA 1967, the HSCA 1993, the SPSOA 2002 or the PSOWA 2005, as the case may be.

(3) Consultation under subsection (2)(a) in relation to a matter under investigation under this Part may be 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 or statement of the results of or conclusions on such an investigation.

(4) Subsection (5) applies if, at any stage in the course of conducting an investigation under the PCA 1967, the Parliamentary Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part.

(5) The Parliamentary Commissioner—

(a) must consult with the appropriate Local Commissioner about the complaint, and

(b) if the Parliamentary Commissioner considers it necessary, must inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part.

(6) Where a Local Commissioner is consulted about a complaint under the PCA 1967 by virtue of subsection (5), subsection (3) applies (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (2).

(7) Nothing in the following provisions applies in relation to the disclosure of information in the course of consultations held in accordance with this section—

(a) section 11(2) of the PCA 1967;

(b) section 15 of the HSCA 1993;

(d) section 26 of the PSOWA 2005;

(e) section 34K(1) of this Act.

34N

(1) If, at any stage in the course of an investigation under this Part, 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, or

the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.

(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).

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

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner, or

relates partly to a matter within the Local Commissioner's jurisdiction by virtue of this Part, the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.

(4) If a Local Commissioner conducts an investigation jointly with another person, the requirements of section 34H(1)(c) and (5) (so far as relating to a case where the Local Commissioner conducts an investigation under this Part) may be satisfied by a statement or report made jointly with that person.

Disclosure of information by Local Commissioner to Information Commissioner

34O

(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 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) Part 5 of the Data Protection Act 1998 (enforcement),

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

(iii) Part 4 of that Act (enforcement), or

(b) the commission of an offence under—

(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), 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 34K(1) applies in relation to the disclosure of information in accordance with this section.

34P

(1) A Local Commissioner may disclose to the Care Quality Commission any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part if the information appears to the Local Commissioner to relate to a matter in respect of which the Care Quality Commission has functions under any enactment.

(2) Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.

General

34Q

(1) The Commission must—

(a) divide the matters which may be investigated under this Part into such categories as it considers appropriate, and

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

(2) The Commission—

(a) must make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (1), and

(b) must publish information about the procedures for making complaints under this Part.

34R

(1) In each financial year in which the Commission conducts a review under section 23(12), it must also review the operation (since the last review was made under this subsection) of the provisions of this Part about the investigation of matters.

(2) The Commission may convey to government departments and the Care Quality Commission any recommendations or conclusions reached in the course of a review under subsection (1).

(3) The Commission may—

(a) provide to adult social care providers or any adult social care provider such advice and guidance about good practice as appears to the Commission to be appropriate, and

(b) arrange for the advice and guidance to be published for the information of the public.

(4) Before providing advice or guidance under subsection (3) the Commission must consult such persons as appear to it to be appropriate.

34S

(1) Every Local Commissioner must for each financial year—

(a) prepare a general report on the discharge of the Local Commissioner's functions under this Part, and

(b) submit it to the Commission not later than 2 months after the end of the year to which it relates.

(2) The Commission must for each financial year prepare a general report on the discharge of its functions under this Part (the “Part 3A annual report”).

(3) The Part 3A annual report must be prepared as soon as may be after the Commission has received the reports for the year from Local Commissioners under subsection (1).

(4) The Commission must arrange for the publication of—

(a) the Part 3A annual report, and

(b) the reports which are submitted under subsection (1).

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

34T

(1) In this Part—

“adult social care” and “adult social care provider” have the meanings given by section 34A;

“Health Service Commissioner” means the Health Service Commissioner for England;

“the HSCA 1993” means the Health Service Commissioners Act 1993;

“the PCA 1967” means the Parliamentary Commissioner Act 1967;

“person affected”—in relation to a matter which is the subject of a complaint made or to be made under this Part, means a 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 34E applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;

“the PSOWA 2005” means the Public Services Ombudsman (Wales) Act 2005;

“the SPSOA 2002” means the Scottish Public Services Ombudsman Act 2002.

(2) The following terms have the same meaning in this Part as they have in Part 3—

(a) action (and other expressions connoting action) (see section 34);

(b) the Commission (see section 34);

(d) Local Commissioner (see section 23(3));

(e) Parliamentary Commissioner (see section 34).

(3) Section 34(1A) applies for the purposes of this Part as it applies for the purposes of Part 3.

Schedule 5A

1

A matter which could be the subject of an investigation by a Local Commissioner under Part 3.

2

A matter which could be the subject of an investigation by the Health Service Commissioner under the HSCA 1993.

3

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

4

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