Statement by the Delegation of the Russian Federation in response to the report by the Head of the OSCE Mission to Skopje, Ambassador Nina Suomalainen
Act partly in force at Royal Assent, see s. 43(2); Act wholly in force at 1.4.1979 Ss. 1-5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 S. 6(1)–(7) repealed by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 125, 149, Sch. 13 Pt. II Words repealed by Highways Act 1980 (c. 66), Sch. 25 S. 7 repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 12); S.I. 1996/2560, art. 2, Sch. and subject to an amendment (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 6(2) S. 8(1) repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(6), Sch. 5 S. 8(2)(3) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch 13 Pt. II S. 8(4) repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), Sch. 5 S. 9 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 110 (with Sch. 7) Words in s. 10(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 Words in s. 10(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 S. 10(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 Ss. 11–14 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 28(5), Sch. 5 Ss. 15–19, 21 and 22 repealed by S.I. 1990/776, art. 3, Sch. 1 S. 20 repealed by Rating (Disabled Persons) Act 1978 (c. 40), Sch. 2 Ss. 15–19, 21 and 22 repealed by S.I. 1990/776, art. 3, Sch. 1 Pt. 2A inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 1, 4(2) Words in s. 23(1) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 5(2); S.I. 2010/1863, art. 2 S. 23(1)(b) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 8(2)(a), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3) Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(2) 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) 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) 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) 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) Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 22(3) 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) 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) Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 22(4), 194(4), Sch. 12 Pt. II 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)) 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)) 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)) Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 22(4), 194(4), Sch. 12 Pt. II 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)) 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)) 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) 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) 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) 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) 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) 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 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) 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) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 2(1) 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) 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)) 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 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) Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 38 S. 23(12A)(12B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 23(1) 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) 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) 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) S. 23A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 25(2) 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) 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 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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 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)) Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 4 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 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) 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) S. 25(1)(ba)–(bd) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 4 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) S. 25(1)(bbb) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d) 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) S. 25(1)(bda) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 4 S. 25(1)(be) inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 19 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) 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. 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) 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 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) S. 25(1)(bh) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 34; S.I. 2017/399, reg. 2, Sch. para. 38 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) S. 25(1)(cza) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 49; S.I. 2018/227, reg. 4(c) S. 25(1)(ca)(caa) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 121; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 39) 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 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. 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 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 S. 25(1)(cd) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(9)(a); S.I. 2015/994, art. 6(g) 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) S. 25(1)(cg) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 55 (with s. 247) 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 Words in s. 25(1)(d) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 2 Words in s. 25(1)(d) omitted (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 19; S.I. 2017/714, art. 2 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 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)) 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)) 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 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)) 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)) 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)) 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 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) 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 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. 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)) 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) 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)) 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 Word in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(a); S.I. 2012/1087, art. 3 (with art. 4) 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)) Words in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(b); S.I. 2012/1087, art. 3 (with art. 4) 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)) 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)) S. 26(1)(d)(e) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 18; S.I. 2013/160, art. 2(2) (with arts. 7-9) S. 26(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 1; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30) 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)) 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)) 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 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)) 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)) 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)) 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)) 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)) 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)) 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)) 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) 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) 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)) 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) 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) 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)) 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) 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 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. 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)) 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) 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) S. 26(8)(a)(b) and word inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 74, 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(f) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(5) 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)) S. 26(11) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(b) 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)) 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)) 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)) 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)) 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)) S. 26C(6)(d) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(9)(b); S.I. 2015/994, art. 6(g) 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) S. 26C(6)(g) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 56(2) (with s. 247) 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) S. 26C(9) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 56(3) (with s. 247) 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 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)) 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)) 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 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. 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 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. 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)) 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)) 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)) 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)) 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)) 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)) Words in s. 28(2) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(2), 4(2) 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)) 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)) 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)) 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)) S. 28(5) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(3), 4(2) 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) 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 Word in s. 29(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 6; S.I. 2014/2718, art. 2(b) 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)) 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 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 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)) 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)) 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 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)) 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) 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)) S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1) 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 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)) Words in s. 30(3) repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 15(a), Sch. 6; S.I. 2012/1358, art. 2 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)) 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) S. 30(3A) repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 15(b), Sch. 6; S.I. 2012/1358, art. 2 S. 30(4A) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(2)(5) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(a)(5) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(b)(5) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(c)(5) Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 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)) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(4)(5) 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) 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)) 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) 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)) S. 31(3) added by Local Government Act 1978 (c. 39), s. 1 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) 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)) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 7(1)(4)(5) 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 S. 31A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 28 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)) 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)) 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)) 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) 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)) 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)) Words in s. 31A(3)(c) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 3; S.I. 2012/1087, art. 3 (with art. 4) 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) 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)) 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)) 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)) 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 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)) 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)) 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)) 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) Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(2)(4) 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)) 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)) 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)) 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 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)) Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(3)(4) 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)) 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 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)) 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)) 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)) 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 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 Words in s. 32(2)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 4(2) 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)) 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)) 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)) 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)) 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) 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)) 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) 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) 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) S. 32(7) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 3 (with ss. 56, 78) 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) 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) 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)) 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) 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) 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) 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) 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). 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) S. 33(1)(bza) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(a), 240(2); S.I. 2013/722, art. 2(d) 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) 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 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) 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)) 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) 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) 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) Words in s. 33(2) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(b), 240(2); S.I. 2013/722, art. 2(d) 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) 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) 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) 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)) 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 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) 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)) 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)) 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). 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. S. 33(3A) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(c), 240(2); S.I. 2013/722, art. 2(d) Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(d), 240(2); S.I. 2013/722, art. 2(d) Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(e), 240(2); S.I. 2013/722, art. 2(d) 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. 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) 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). 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 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) Word in s. 33(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 7; S.I. 2014/2718, art. 2(b) 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) 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 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). 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) S. 33ZA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 4 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 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) Words in s. 33ZA(1)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(b), 240(2); S.I. 2013/722, art. 2(d) Words in s. 33ZA(1) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(a), 240(2); S.I. 2013/722, art. 2(d) S. 33ZA(1A) inserted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(5), 240(2); S.I. 2013/722, art. 2(d) 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) 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) Words in s. 33ZA(3)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(b), 240(2); S.I. 2013/722, art. 2(d) 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 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 Words in s. 33ZA(3) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(a), 240(2); S.I. 2013/722, art. 2(d) 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 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 S. 33ZB inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(1), 240(1)(c) S. 33A inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 4 (with ss. 56, 78) S. 33A(1)(a)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 5(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g) S. 33A(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 5(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g) 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) 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) Words in s. 34(1) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(7), 240(2); S.I. 2013/722, art. 2(d) 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) Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12 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) 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) 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) S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1)) Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1)) 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)) 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)) Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II 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) 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 Word in s. 34G(2) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 8; S.I. 2014/2718, art. 2(b) Words in s. 34K(1)(d) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 4(3) Words in s. 34M(1)(d) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 8; S.I. 2019/1096, reg. 2 Word in s. 34M(7)(d) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 9; S.I. 2014/2718, art. 2(b) S. 34O(1)(a)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 6(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g) S. 34O(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 6(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g) Words in s. 34T(1) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 9; S.I. 2019/1096, reg. 2 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 S. 37 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 6, Sch. 1 Pt. I 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 S. 40 repealed by Highways Act 1980 (c. 66), Sch. 25 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 Sch. 1 paras. 1–5, 10 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XVI Sch. 1 para. 6(a) repealed by Highways Act 1980 (c. 66), Sch. 25 Words repealed by Highways Act 1980 (c. 66), Sch. 25 Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 11(a) Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(b), Sch. 7 Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(c), Sch. 7 Sch. 1 paras. 1–5, 10 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XVI Sch. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 Sch. 3 repealed by S.I. 1990/776, art. 3, Sch. 1 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) 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) 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) 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) 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 Sch. 4 para. 1(2C)(2D) omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(e), 82(3); S.I. 2012/1087, art. 2 (with art. 6) 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) 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) 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) 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)) 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) 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)) Sch. 4 para. 3(3) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(5) 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) 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) 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)) 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) 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) 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)) 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)) 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 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) 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) 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) 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) 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) 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) 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) 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) 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 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)) Sch. 4 para. 13(3)(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(2), 240(1)(c) 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)) Words in Sch. 5 para. 2 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 122; S.I. 2011/3019, art. 3, Sch. 1 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)) 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 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 71 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. Words in Sch. 5 para. 5(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 63; S.I. 2014/889, art. 7(a) Words in Sch. 5 para. 5(2)(b) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 2(2) Sch. 5 paras. 5A, 5B inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(1)(a), 240(2) (with s. 181(10)); S.I. 2013/722, art. 2(c) Sch. 5 paras. 6 and 7 inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 10 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)) 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 Sch. 5 para. 6(a)(b) substituted for words (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(1)(b), 240(2) (with s. 181(10)); S.I. 2013/722, art. 2(c) 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)) 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. 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)) 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) 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 Sch. 6 para. 3 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I Sch. 6 para. 5 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV Sch. 6 para. 7 repealed by Animal Health Act 1981 (c. 22), Sch. 6 Sch. 6 para. 9 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), s. 10, Sch. 2 Sch. 6 para. 11 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11 Sch. 6 para. 12 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 6 para. 15 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I Sch. 6 para. 20 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 6 para. 21 repealed by National Health Service Act 1977 (c. 49), Sch. 16 Sch. 6 para. 22(7) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8 Sch. 6 para. 23 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7 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) Sch. 7 para. 1 repealed by Derelict Land Act 1982 (c. 42, SIF 46:4), s. 5(2), Sch. Sch. 7 para. 2 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 7 paras. 3–10 repealed by S.I. 1990/776, art. 3, Sch. 1 Sch. 7 para. 11 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7 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 Sch. 7 para. 13 repealed by Land Drainage Act 1976 (c. 70), Sch. 8 Sch. 7 para. 15 omitted (1.10.2018) by virtue of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 6 (with reg. 27) Act: transfer of certain functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 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) S. 6 excluded by S.I. 1984/1863, arts. 4, 5 S. 8 excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 54(1)(2) 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 Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L 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) Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1) Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2). 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 Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2 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 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 Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4) Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f) Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2 S. 23(12) restricted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 2(2) S. 23(12)(12A)(12B)(13) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3 S. 23A extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3 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) S. 25(1)(c) extended by S.I. 1987/2110, art. 2(2), Sch. 2 para. 8(h) s. 26 modified by S.I. 1991/559, art. 2(3)(5) S. 26 modified by S.I. 1986/452, art. 8(3)(5) S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k) S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k) S. 27: s. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) 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 S. 29: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) S. 29 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) 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) 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)) S. 31: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 31A: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 32: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 32 applied (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I S. 32(2) modified (28.7.2001) by S.I. 2001/2286, art. 4, Sch. 3 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 S. 32(2)(b) amended by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(3), Sch. 1 para. 1(e) S. 32(3) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3) S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 35(3): application continued by Weights and Measures Act 1985 (c. 72, SIF 131), s. 196(1), Sch. 11 para. 19 S. 36 applied by Housing Act 1988 (c. 50, SIF 61), ss. 65(5), 68(4) 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. 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. Power of appointment conferred by s. 43(2) fully exercised: S.I. 1974/335, 1977/943 and 1978/1583 Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3 Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4 Sch. 5 amended by S.I. 1988/242, art. 2 Sch. 5 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2 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. 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. 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. 1968 c. 73. 1967 c. 13. 1972 c. 70. 1972 c. 70. 1972 c. 70. 1968 c. 73. 1968 c. 73. 1907 c. 53. 1925 c. 38. 1947 c. 22. 1949 c. 97. 1951 c. 35. 1954 c. 68. 1960 c. 62. 1963 c. 29. 1963 c. 33. 1963 c. 43. 1964 c. 70. 1967 c. 8. 1968 c. 73. 1974 c. 3. 1973 c. 37. 1973 c. 60. An Act to make further provision, in relation to England and Wales, with respect to the payment of grants to local authorities, rating and valuation, borrowing and lending by local authorities and the classification of highways; to extend the powers of the Countryside Commission to give financial assistance; to provide for the establishment of Commissions for the investigation of administrative action taken by or on behalf of local and other authorities; to restrict certain grants under the Transport Act 1968; to provide for the removal or relaxation of certain statutory controls affecting local government activities; to make provision in relation to the collection of sums by local authorities on behalf of water authorities; to amend section 259(3) of the Local Government Act 1972 and to make certain minor amendments of or consequential on that Act; and for connected purposes.
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Subject to the provisions of this Part of this Act, the Secretary of State shall, for the year 1974-75 and each subsequent year, make grants to local authorities in England and Wales in accordance with this section; and any grants made in pursuance of this subsection shall be known as "rate support grants ".
For the purpose of fixing the estimated aggregate amount of the rate support grants for any year, the Secretary of State shall determine the aggregate amount (in this Part of this Act referred to as " the amount available for grants ") which he estimates is to be available for the payment out of money provided by Parliament of grants, other than housing subsidies and grants under section 8 below, to local authorities in respect of their relevant expenditure for that year, and shall deduct therefrom— and so much of the amount available for grants as remains after making those deductions shall be the estimated aggregate amount of the rate support grants for that year.
the portion of the amount available for grants which he estimates will be allocated to grants in respect of specific services, other than grants under section 8 below; and
the portion of that amount which is prescribed as the aggregate amount of supplementary grants for transport purposes, within the meaning of section 6 below; and
the portion of that amount which is prescribed as the aggregate amount of supplementary grants under section 7 below;
Before determining the amount available for grants and the portions of that amount mentioned in paragraphs (a) to (c) of subsection (2) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable, and shall take into account—
the latest information available to him as to the rate of relevant expenditure;
any probable fluctuation in the demand for services giving rise to relevant expenditure, so far as the fluctuation is attributable to circumstances prevailing in England and Wales as a whole which are not under the control of local authorities;
the need for developing those services and the extent to which, having regard to general economic conditions, it is reasonable to develop those services; and
the current level of prices, costs and remuneration and any future variation in that level which in the opinion of the Secretary of State will result from decisions which appear to him to be final and which will have the effect of increasing or decreasing any particular prices, costs or remuneration.
Subject to subsection (6) below, in this section " relevant expenditure ", in relation to any year, means the expenditure for that year falling to be defrayed out of the rate fund of a local authority—
reduced by the amount of any payments of such descriptions as the Secretary of State may determine which fall to be made for that year into the rate fund; and
exclusive of the items of expenditure specified in subsection (5) below.
The items of expenditure referred to in subsection (4)(b) above are—
sums falling to be paid to another local authority by virtue of a precept or other instrument;
expenditure under section 1(1) (awards for university and comparable courses) or section 2(3) (grants to persons undergoing training as teachers) of the Education Act 1962; and
so much of the allowances granted in the year in question under a local authority's allowance scheme, within the meaning of Part II of the Housing Finance Act 1972, as does not exceed the authority's standard amount of rent allowances, within the meaning of that Act, for that year.
The following grants for specific services, namely grants— shall be treated for the purposes of subsection (2) above as grants made to local authorities; and to the extent that, in any year, any expenditure of the Receiver for the Metropolitan Police District or of a combined police authority is met by any such grants, that expenditure shall be treated for the purposes of this section as relevant expenditure in relation to that year.
to the Receiver for the Metropolitan Police District under section 77 of the Criminal Justice Act 1948 (towards the cost of probation services) and under section 27 of the Justices of the Peace Act 1949 (grants for magistrates' courts purposes), and
under section 31 of the Police Act 1964 (police grants), whether made to a committee of a local authority or not,
In this section—
" housing subsidies " means such grants to local authorities out of money provided by Parliament for housing as may be determined by the Secretary of State to be housing subsidies for the purposes of this section; and
" rate fund ", in relation to the Greater London Council, the Common Council of the City of London and the Council of the Isles of Scilly, means the general fund or general rate, as the case may require, and in relation to any other local authority means the county fund or general rate fund.
The provisions of Part I of Schedule 1 to this Act shall have effect with respect to the termination of grants under section 1 of the Local Government Act 1966 (existing rate support grants).
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The aggregate amount of the rate support grants for any year shall be divided by the Secretary of State into three elements, to be known respectively as " the needs element", " the domestic element " and " the resources element ", and the aggregate amount of the needs element and of the domestic element and the estimated aggregate amount of the resources element shall be such as may be prescribed.
Subject to the following provisions of this section, payments in respect of the elements of rate support grant shall be made to a local authority at such times as the Secretary of State may with the consent of the Treasury determine, and shall be made in aid of the revenues of the authority generally; and the provisions of Schedule 2 to this Act shall have effect with respect to the determination of the amounts payable to any local authority in respect of those elements for any year.
Except as provided by subsection (4) below, no payment in respect of the needs element shall be made to the council of a non-metropolitan district and the Secretary of State may by regulations provide that such proportion as may be determined by or under the regulations of the amount which, apart from the regulations, would be payable in respect of the needs element for any year— shall be payable instead to the Greater London Council or, as the case may be, to the council of the metropolitan county in which the district is situated; and any such regulations may make different provision in relation to different councils.
to the council of a London borough or the Common Council of the City of London, or
to the council of a metropolitan district,
The Secretary of State may by regulations provide that such proportion as may be determined by or under the regulations of the amount which, apart from the regulations, would be payable in respect of the needs element for any year to the council of a non-metropolitan county shall, in such cases as may be determined in accordance with the regulations, be payable instead to the councils of districts situated in the county; and any such regulations may make different provision in relation to different councils.
No payment in respect of either the domestic element or the resources element shall be made to a county council or the Greater London Council.
Any amounts payable to a local authority in respect of the domestic element shall be taken into account for the purposes of this and any other Act as if they were payable on account of rates.
Subject to subsection (8) below, the Secretary of State may—
defray any expenditure incurred in any year in the provision of services for local authorities by any body specified in regulations made by the Secretary of State ; and
deduct from the aggregate amount of the needs element for that year such amount, not exceeding the total of the expenditure so defrayed, as appears to him to be appropriate.
Before exercising his powers under subsection (7) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable.
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The estimated aggregate amount of the rate support grants fixed in accordance with section 1(2) above for any year and the matters which under this Part of this Act are to be prescribed shall be fixed and prescribed by an order (in this Part of this Act referred to as a " rate support grant order ") made by the Secretary of State with the consent of the Treasury and after consultation with such associations of local authorities as appear to the Secretary of State to be concerned and with any local authority with whom consultation appears to him to be desirable.
Every rate support grant order shall be laid before the Commons House of Parliament and shall not have effect until approved by a resolution of that House.
Together with any rate support grant order laid before the Commons House of Parliament there shall be laid a report of the considerations leading to the provisions of the order, including the considerations leading to the determination of the amount available for grants and the portions mentioned in paragraphs (a) to (c) of section 1(2) above.
A separate rate support grant order shall be made in advance for each year.
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If it appears to the Secretary of State that, after the time when the amount available for grants was determined for any year, the relevant expenditure of local authorities for that year has been or is likely to be substantially increased by reason of— and that no account was taken of that increase or, as the case may be, the effect of that provision when the amount available for grants was so determined, he may for that year redetermine that amount and the portions which are to be deducted therefrom in accordance with section 1(2) above and, by an order made in the like manner and subject to the like provisions as a rate support grant order, may increase the amounts fixed by the relevant rate support grant order as the estimated aggregate amount of the rate support grants and the aggregate amount of the needs element for that year.
an increase which has taken place in the level of prices, costs or remuneration, or
the coming into operation of a provision of an enactment passed after this Act,
The provisions of sections 1(3) and 3(3) above relating to consultation and to a report of the considerations leading to a determination under section 1 above shall apply to a redetermination under this section as they apply to a determination under that section.
In redetermining under this section the amount available for grants and the portions referred to in subsection (1) above, the Secretary of State—
shall take into account not only the effect of the increase referred to in paragraph (a) of that subsection or, as the case may be, the provision referred to in paragraph (b) thereof, but also any future variation in the level of prices, costs and remuneration current at the time of the redetermination which in his opinion will result from any such decisions as are referred to in section 1(3)(d) above, and
except in the case of a change resulting from the coming into operation of any enactment passed after this Act, shall take no account of any change, as compared with the situation at the time that amount and those portions were determined for the purposes of the relevant rate support grant order, in the demand for services giving rise to relevant expenditure, in the need for developing those services, in the extent to which those services have been developed or in the extent to which, having regard to general economic conditions, it is reasonable to develop those services.
An order made under subsection (1) above in respect of any year shall specify the actual (and not the estimated) aggregate amount of the resources element for that year.
If, in a case where the Secretary of State proposes to make an order under subsection (1) above in respect of any year, it appears to him that, apart from any provision made by virtue of this subsection, the effect of the order and of any other order under subsection (1) above which he considers likely to be made in respect of that year would be that the ratio between the actual aggregate amount of the resources element for that year and the aggregate amount of the needs element for that year would be significantly different from the ratio (in this subsection referred to as " the expected ratio ") between the estimated aggregate amount of the resources element for that year, as fixed by the relevant rate support grant order, and the aggregate amount of the needs element, as so fixed, he may in the order under subsection (1) above—
specify as the aggregate amount of the resources element for that year such amount as, in his estimation, will secure that (taking account of the effect of any further orders likely to be made under subsection (1) above in respect of that year) the ratio which the amount so specified will bear to the aggregate amount of the needs element for that year will be the expected ratio ; and
in order to secure that the total amount paid in respect of the resources element to local authorities entitled to payments in respect of that element does not exceed the amount specified as mentioned in paragraph (a) above, make provision for a corresponding variation in the amount payable to each such authority in respect of that element.
Except as provided by the preceding provisions of this section, an order under subsection (1) above in respect of any year shall not vary the amount of the elements of the rate support grants for that year but, subject thereto, any such order may, as respects the year to which it relates, vary any matters prescribed by the relevant rate support grant order other than—
the additional factors prescribed by that order for the purposes of paragraph 1 of Schedule 2 to this Act; and
any matter prescribed by that order in relation to the domestic element or the resources element.
In this section " relevant expenditure" has the same meaning as in section 1 above.
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If, in the case of any local authority or joint board, the appropriate Minister— he may, after affording to the local or constituent authority in question an opportunity of making representations, make and cause to be laid before Parliament a report stating the amount of and the reasons for the proposed reduction and setting out any representations made by the authority with respect to the proposed reduction; and if the report is approved by a resolution of the Commons House of Parliament the Secretary of State may reduce the elements of the grant accordingly.
is satisfied that the authority or board have failed to achieve or maintain a reasonable standard in the discharge of any of their functions, regard being had to the standards maintained by other authorities and boards, and
is of opinion that by reason of the failure a reduction should be made in the amount of any elements of rate support grant payable to the local authority or a constituent authority of the joint board,
The appropriate Minister may make regulations for prescribing standards and general requirements in relation to any function of a local authority; and in determining for the purposes of subsection (1) above whether there has been such a failure as is mentioned in that subsection, regard shall be had to any such regulations and any other standards or requirements imposed by or under any enactment.
Any regulations in force immediately before 1st April 1974 and— shall have effect on and after that date for the purposes of this section as if made under subsection (2) above.
made under subsection (2) of section 4 of the Local Government Act 1966 (which in the context of that Act corresponds to subsection (2) above), or
made under section 3(4) of the Local Government Act 1958 but, by virtue of subsection (3) of the said section 4, having effect for the purposes of that section as if made under subsection (2) thereof,
In this section " joint board " includes a joint committee which continues to exist by virtue of section 263(5) of the Local Government Act 1972.
For the year 1975-76 and each subsequent year the Secretary of State shall make, in accordance with the provisions of this section, supplementary grants (in this section referred to as " supplementary grants for transport purposes ") to county councils and the Greater London Council in respect of their estimated expenditure in connection with— and the matters specified in paragraphs (a) to (d) above are in this section referred to as " transport matters ".
public transport,
highways,
the regulation of traffic, and
the provision of parking places,
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To the extent that it would not otherwise be so included, there shall be treated for the purposes of this section as included in a council's estimated expenditure in connection with transport matters their estimated capital expenditure in connection with the provision by any person of facilities for or in connection with the loading or unloading of freight carried or intended to be carried otherwise than by road.
The aggregate amount of supplementary grants for transport purposes for any year shall be such as may be prescribed.
The proportion of the aggregate amount of supplementary grants for transport purposes payable for any year to a county council or the Greater London Council shall be determined, by such method as may be prescribed for the purposes of this section, by reference to the extent (if any) to which the accepted estimated expenditure of the council for the year in connection with transport matters exceeds a level of expenditure determined in such manner and by reference to such factors as may be prescribed for the purposes of this section.
For the purposes of subsection (4) above,— and in making a determination under paragraph (c) above, in relation to the estimated expenditure of a council, the Secretary of State shall have regard to the progress which appears to him to have been made by the council in formulating and implementing suitable policies to meet the needs of their area in connection with transport matters.
the Secretary of State may treat the estimated expenditure of the London borough councils and the Common Council of the City of London in connection with transport matters as forming part of the estimated expenditure in connection with those matters of the Greater London Council;
the Secretary of State may treat the estimated expenditure of a district council in connection with transport matters as forming part of the estimated expenditure in connection with those matters of the council of the county in which the district is situated; and
" accepted ", in relation to the estimated expenditure of a council, means so much of their estimated expenditure as the Secretary of State may determine to be appropriate to be taken into account for the purposes of this section;
Payments of supplementary grants for transport purposes shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.
The Secretary of State may by regulations make such supplementary provision as he considers appropriate in relation to any factor prescribed for the purposes of this section in accordance with subsection (4) above.
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.
For the year 1974-75 and each subsequent year the Secretary of State shall make, in accordance with the provisions of this section, supplementary grants to county councils in respect of their estimated expenditure in connection with National Parks.
The aggregate amount of supplementary grants under this section for any year shall be such as may be prescribed.
Supplementary grants under this section shall be payable only to county councils whose areas include the whole or any part of a National Park, and the proportion of the aggregate amount of supplementary grants under this section payable for any year to a county council shall be determined, by such method as may be prescribed for the purposes of this section, by reference to so much of the estimated expenditure of the council with respect to National Parks as the Secretary of State, after consultation with the Countryside Commission, may determine to be appropriate to be taken into account for the purposes of this section.
Payments of supplementary grants under this section shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.
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to any rating authority granting rebates under the statutory rate rebate scheme in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted; and
to any rating authority granting rebates under a local rate rebate scheme in that year a grant equal to 90 per cent. of the aggregate amount of the rebates which, if that scheme had not been in force, would have been granted under the statutory rate rebate scheme during that year or, as the case may require, during the part of the year when the local rate rebate scheme was in force.
For the year 1974-75 and each subsequent year the Secretary of State shall pay to each local education authority a grant equal to 90 per cent. of the aggregate amount paid in that year by the authority—
in pursuance of awards bestowed under section 1(1) of the Education Act 1962 (for persons attending first degree university courses and comparable courses); and
by way of grants under section 2(3) of that Act (to or in respect of persons undergoing training as teachers).
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Payments of grants under subsection (1) or subsection (2) above shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.
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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.
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In accordance with arrangements approved by the Secretary of State and the Treasury, the Countryside Commission 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 Commission, is conducive to the attainment of any of the purposes of the Countryside Act 1968 or the National Parks and Access to the Countryside Act 1949.
On making a grant or loan under this section the Countryside Commission may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.
The exercise of the Countryside Commission's power under this section shall be subject to any directions given to the Commission by the Secretary of State.
The provisions of this section shall have effect in place of the provisions of section 5 of the Countryside Act 1968 (under which grants may be made only to persons other than public bodies and only in respect of projects approved by the Secretary of State).
The following bodies are local authorities for the purposes of this Part of this Act, namely,— ...
the council of a county,
the Greater London Council,
the council of a district,
the council of a London borough,
the Common Council of the City of London, and
the Council of the Isles of Scilly,
In this Part of this Act —
in relation to the Greater London Authority, means— the Mayor of London, the Deputy Mayor, or a member of the London Assembly;
“tribunal” includes the person constituting a tribunal consisting of one person.
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, and
" representative body " means a body designated under section 24 above,
" prescribed " means prescribed by a rate support grant order; and
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—
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for determining the manner in which any calculation or estimate is to be made for any of the purposes of those provisions:
for determining the authority or person by or to whom any information required for those purposes is to be given and the time at which and the form in which it is to be given ;
for providing that the calculations or estimates by reference to which any payments are made may be treated as either conclusive or provisional or conclusive for some purposes and provisional for other purposes and, in so far as they are treated as provisional, for the making of further calculations or estimates based on information not previously available and for adjusting, in the light thereof, any payment already made;
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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.
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.
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).
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.
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.
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.
A local rate rebate scheme shall be so framed as to secure that, in the estimate of the rating authority,—
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
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.
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.
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,— 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.
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
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,
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—
the total amount of the rate rebates allowed in that year under the local rate rebate scheme, and
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.
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—
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
their reasons for believing that no change is necessary in the local rate rebate scheme in order to secure that result.
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—
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
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.
Subject to subsections (2) and (3) below, the following persons are residential occupiers for the purposes of this Part of this Act, namely,—
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;
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;
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.
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.
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.
In subsection (1) above,—
" 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
" 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.
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.
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.
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,— 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.
the residential occupier is entitled to a rebate from those rates under the statutory rate rebate scheme or a local rate rebate scheme, and
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),
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 ".
In section 17 of the principal Act (rating of unoccupied property in accordance with Schedule 1 to that Act) in subsection (2)— shall cease to have effect.
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
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,
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 ".
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 ".
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.
After paragraph 3 of Schedule 1 to the principal Act there shall be inserted the following paragraph:—
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.
The following sections shall be inserted after section 17 of the principal Act:—
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,—
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
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.
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,—
any item or part of an item which is moved or rotated by motive power as part of a process of manufacture;
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;
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 ".
Section 22 of the principal Act (determination of certain questions as to plant and machinery) shall cease to have effect.
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.
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.
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.
An order under this section may repeal or amend any provision of— 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.
sections 31 to 34 of and Schedules 4 to 7 to the principal Act,
section 52 of the Post Office Act 1969, and
any other provision of the principal Act so far as that provision relates to the valuation of hereditaments to which the order relates,
No order under this section shall have effect unless approved by a resolution of each House of Parliament.
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— and, accordingly, references in the following provisions of this section to structural alterations do not include alterations falling within paragraph (a) above.
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
if the proposal would be for an increase not exceeding such an amount as the Secretary of State may by order specify,
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— then, notwithstanding the said section 72(1), no alteration shall be made to the gross value ascribed to the hereditament in the valuation list.
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
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,
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.
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.
In any case where,— 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.
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
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,
An order under subsection (1)(b) above shall be of no effect unless it is approved by a resolution of each House of Parliament.
In this Part of this Act—
" person aggrieved " means the person who claims or is alleged to have sustained any such injustice as is mentioned in section 26(1) above,
" person affected ”—
" the statutory rate rebate scheme" has the meaning assigned to it by section 11 above.
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.
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.
For the purpose of conducting investigations in accordance with this Part and Part 3A of this Act, there shall be— but the Commission may include persons appointed to act as advisers, not exceeding the number appointed to conduct investigations.
a body of commissioners to be known as the Commission for Local Administration in England, and
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The Parliamentary Commissioner shall be a member of the Commission .
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 .
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Appointments to the office of . . . Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State ....
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.
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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....
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 ....
Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.
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A Commissioner must be appointed for a period of not more than 7 years.
The Commission —
shall make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (8A) ..., and
shall publish information about the procedures for making complaints under this Part of this Act.
A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.
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.
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.
A person appointed to be a Commissioner is not eligible for re-appointment.
Schedule 4 to this Act shall have effect as respectss the Commission .
The Commission must—
divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and
allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
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.
The representative persons and authorities concerned are—
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
for the purposes of subsection (12A) above, such of those persons and authorities as the Commission think appropriate.
The Secretary of State shall by order designate bodies to be called respectively "the representative body for England " and " the representative body for Wales ".
The said representative bodies shall be bodies appearing to the Secretary of State to represent authorities in England to which this Part of this Act applies, or as the case may be such authorities in Wales.
An order made under subsection (1) above may be varied or revoked by a subsequent order so made, and shall be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
For the year ending on 31st March 1975, and for each subsequent financial year, each of the Commissions shall prepare a general report on the discharge of their functions and shall submit it to the appropriate representative body.
The 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 each Commission shall submit copies of those reports, together with their own report.
Each representative body shall arrange for the publication of the reports submitted to them under the preceding provisions of this section.
In transmitting to local authorities recommendations or conclusions conveyed by either of the Commissions (in accordance with section 23(12) above) the representative body concerned may make such comments on those recommendations or conclusions as they think appropriate.
Where, in accordance with subsection (6) above, a representative body arrange for the publication of a report submitted to them under subsection (4) above, they may also arrange for the report to be published with an annex containing such comments on the report as they think appropriate.
Without prejudice to the generality of subsection (8) above, comments made by a representative body by virtue of that subsection may relate to particular classes of authorities to which this Part of this Act applies.
Where the Commission for Local Administration in Wales consist of only one Local Commissioner, section 23(11) above and subsection (5) above shall have effect with the necessary modifications.
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—
to such persons as appear 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, to those authorities.
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 .
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.
The Commission must lay a copy of the annual report before Parliament.
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This Part of this Act applies to the following authorities—
any local authority,
any joint board the constituent authorities of which are all local authorities,
the Greater London Authority;
any joint authority established by Part IV of the Local Government Act 1985;
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in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any Regional Flood and Coastal Committee ... ; ;and
a National Park authority for a National Park in England;
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any development corporation established for the purposes of a new town,
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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,
a Mayoral development corporation,
any housing action trust established under Part III of the Housing Act 1988 for a designated area in England
the Homes and Communities Agency;
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;
a fire and rescue authority created by an order under section 4A of that Act;
the London Fire Commissioner;
any police and crime commissioner;
the Mayor's Office for Policing and Crime;
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Transport for London; and
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any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
any combined authority established under section 103 of that Act;
any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
the London Transport Users’ Committee.
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.
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.
Any reference to an authority to which this Part of this Act applies includes a reference— and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.
to the members and officers of that authority, and
to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),
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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.
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—
the London Assembly;
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Any reference to an authority to which this Part of this Act applies also includes a reference to—
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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 ,
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
an exclusion review panel constituted by the authority in accordance with regulations under section 51A of the Education Act 2002.
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.
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—
on behalf of the authority, and
in the exercise of the authority's function.
Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.
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—
alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;
an alleged or apparent failure in a service which it was the authority's function to provide;
an alleged or apparent failure to provide such a service.
an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;
an alleged or apparent failure to provide a service in pursuance of such arrangements.
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it is made in writing to a member of the authority, or of any other authority concerned, specifying the action alleged to constitute maladministration, and
it is referred to the Local Commissioner, with the consent of the person aggrieved, or of a person acting on his behalf, by that member, or by any other person who is a member of any authority concerned, with a request to investigate the complaint.
Subsection (1) is subject to the following provisions of this section.
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Before proceeding to investigate a matter, a Local Commissioner shall satisfy himself that
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
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.
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,— 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.
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;
any action in respect of which the person affected has or had a right of appeal to a Minister of the Crown ...; or
any action in respect of which the person affected has or had a remedy by way of proceedings in any court of law:
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—
where the matter relates to a National Park authority, the area of the Park for which it is such an authority;
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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;
in any other case, the area of the authority concerned.
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 unless—
the investigation is in respect of action described in paragraph 5A or 5B of that Schedule, and
the person affected is not an individual of a description whom a scheme approved under Schedule 2 to the Housing Act 1996 (investigation of social housing complaints by housing ombudsman) provides may make a complaint under that scheme in respect of that action.
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.
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.
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In this section—
references to a person affected include references to his personal representatives; and
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Under this Part of this Act, a Local Commissioner may investigate a matter—
which relates to action taken by or on behalf of an authority to which this Part of this Act applies,
which is subject to investigation under this Part of this Act by virtue of section 26, and
in relation to which subsection (2), (3) or (5) is satisfied.
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.
This subsection is satisfied if, in relation to the matter—
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
the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.
Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.
This subsection is satisfied if—
the matter has come to the attention of a Local Commissioner, and
section 26D applies to the matter.
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.
Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide— if he is satisfied with action which the authority concerned have taken or propose to take.
not to investigate a matter, or
to discontinue an investigation of a matter,
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 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;
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 .
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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 .
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, as well as adopting different procedure for different cases, adopt different procedure for cases of different descriptions; and
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.
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— ...
sums in respect of the expenses properly incurred by them;
allowances by way of compensation for the loss of their time,
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.
The differential procedure authorised by subsection (2)(a) includes (in particular) procedure for cases of a particular description that is expected to be faster than that for at least some other cases.
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.
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.
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.
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.
Nothing in subsection (1) or subsection (3) above affects the restriction imposed by section 34X of the Public Services Ombudsman (Wales) Act 2005.
the restriction, imposed by section 11(2) of the Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers; or
the restriction, imposed by that section (as applied by section 36 of the National Health Service Reorganisation Act 1973), on the disclosure of information by the Health Service Commissioner for England or the Health Service Commissioner for Wales, or by their officers.
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 ....
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.
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.
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.
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.
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.
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.
Under this Part of this Act, a complaint about a matter may only be made—
by a member of the public who claims to have sustained injustice in consequence of the matter,
by a person authorised in writing by such a member of the public to act on his behalf, or
in accordance with subsection (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—
by his personal representative (if any), or
by a person who appears to a Local Commissioner to be suitable to represent him.
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)).
to the person, if any, who referred (the complaint to the Local Commissioner in accordance with section 26(2) above, and
to the complainant, and
to the authority concerned, and to any other authority or person who is alleged in the complaint to have taken or authorised the action complained of.
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.
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).
Apart from identifying the authority or authorities concerned, the report shall not, ...— 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.
mention the name of any person, or
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,
If, after the investigation of a matter is completed, the Local Commissioner decides— he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
that he is satisfied with action which the authority concerned have taken or propose to take, and
that it is not appropriate to prepare and send a copy of a report under subsection (1),
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.
If a Local Commissioner decides— he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
not to investigate a matter, or
to discontinue an investigation of a matter,
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.
For the purposes of subsections (1) to (1C), the persons concerned are—
the complainant (if any),
any person who referred the matter under section 26C(2),
the authority concerned, and
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.
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.
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.
If the authority concerned is the Greater London Authority—
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
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.
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.
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Subsections (3) to (8) apply in the case of a report under subsection (1).
Nothing in subsection (3) above prevents a report— the Mayor of London or any member of the London Assembly.
mentioning the name of, or
containing particulars likely to identify,
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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.
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.
Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—
in writing, and
before the end of the permitted period.
In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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, or
if earlier, the day on which the complainant first had notice of the matter.
A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
This section applies where a Local Commissioner reports that there has been—
maladministration in connection with the exercise of the authority's administrative functions,
a failure in a service which it was the function of an authority to provide, or
a failure to provide such a service.
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.
does not receive any such notification within a reasonable time; or
is not satisfied with the action which the authority concerned have taken; or
does not within a reasonable time receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,
If the Local Commissioner— he shall make a further report setting out those facts and making recommendations.
does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or
is not satisfied with the action which the authority concerned have taken or propose to take, or
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,
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—
to remedy any injustice sustained by the person affected in consequence of the maladministration, and
to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.
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—
to remedy any injustice sustained by the person affected in consequence of the failure, and
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.
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.
If 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.
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
is not satisfied with the action which the authority concerned have taken or propose to take, or
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,
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—
details of any action recommended by the Local Commissioner in his further report which the authority have not taken;
such supporting material as the Local Commissioner may require; and
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.
The requirements for the publication of the statement are that—
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
publication in the first such edition shall be arranged for the earliest practicable date.
If the authority concerned— 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.
fail to arrange for the publication of the statement in accordance with subsections (2E) and (2F) above, or
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 authority concerned shall reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing his duty under subsection (2G) above.
In any case where— the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.
a report is laid before an authority under subsection (2) or (2C) above, and
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,
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.
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.
If the complainant consents, the complaint may be referred to a Local Commissioner by—
the member of the authority to whom the complaint was made,
any other member of that authority, or
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.
Subject to subsection (4), a referral under this section must be made in writing.
A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.
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.
In this section, references to a member of an authority include—
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;
in relation to a joint board, a member of any of the constituent authorities of the joint board;
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.
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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;
in relation to a combined authority established under section 103 of that Act, a member of a constituent council of the authority.
in relation to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a member of a constituent council of the authority;
For the purposes of subsection (6)(e)—
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;
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.
For the purposes of subsection (6)(f)—
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;
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.
For the purposes of subsection (6)(g)—
a county council is a constituent council of a combined county authority if the area of the county council, or part of that area, is within the area of the combined county authority;
a district council is a constituent council of a combined county authority if the area of the district council is within the area of the combined county authority.
For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
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;
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;
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;
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;
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.
the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.
the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.
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— 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.
for the purposes of the investigation and of any report, statement or summary under section 30, 31 or 31B above; or
for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of Local Commissioner or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or
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
for the purpose of any proceedings under section 29(9) above,
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or
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.
Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 29 above.
A notice under subsection (3) above may not be given electronically.
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.
Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).
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.
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.
This section applies to a matter which has come to the attention of a Local Commissioner if—
the matter came to his attention during the course of an investigation under this Part or Part 3A of this Act,
(subject to subsection (3)) the matter came to his attention—
before the person affected or his personal representatives had notice of the matter, or
in any other case, before the end of the permitted period, and
it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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.
A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967,
by the Health Service Commissioner for England ..., in accordance with the Act of 1993, or
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by a housing ombudsman under the Housing Act 1996,
by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;
by the Scottish Public Services Ombudsman in accordance with the Act of 2002,
Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, a housing ombudsman, the Public Services Ombudsman for Wales , the Scottish Public Services Ombudsman or the Health Service Commissioner for England in relation to a matter under investigation under this Part of this Act , he may consult that Commissioner or that Ombudsman about anything relating to the matter , including—
the conduct of any investigation into the matter , and
the form, content and publication of any report of the results of such an investigation.
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.
the Act of 1967, or
Part III of the Act of 1973,
Where, by virtue of subsection (3) or (3A) above, a Local Commissioner is consulted about a complaint under the Act of 1967 or under the Housing Act 1996 . . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.
If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.
Nothing in section 11(2) of the Act of 1967, ... in section 15 of the Act of 1993, in section 34X of the Public Services Ombudsman (Wales) Act 2005 , in section 19 of the Act of 2002 or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information . . . in the course of consultations held in accordance with this section.
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
In this Part of this Act, unless the context otherwise requires—
“mayor and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;
" Parliamentary Commissioner " means the Parliamentary Commissioner for Administration;
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“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
" tribunal " includes the person constituting a tribunal consisting of one person.
“Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,
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.
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).
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.
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— consideration of the report shall be referred to that authority.
no action should be taken on the report, or
the action recommended in the report should not be taken,
For the purposes of subsection (1A)—
“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
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)).
Subsection (1A) has effect subject to subsection (3).
The restriction imposed by subsection (1A) above does not apply where the report recommends action to be taken by— and the report is considered by that committee , authority or panel.
a joint committee established under section 101 of the Local Government Act 1972,
an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,
a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or
an admission appeal panel or exclusion review panel mentioned in section 25(5)(c) or (e),
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.
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.
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... 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.
A Local Commissioner may— 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.
publish all or part of a report or statement under section 30,
publish all or part of a report under section 31,
arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or
publish a summary of a matter which is the subject of a report or statement under section 30 or 31,
A Local Commissioner may—
supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and
charge a reasonable fee for doing so.
Subsection (3) of section 30 applies to— that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.
any part of a statement under section 30, and
any part of a summary of a matter,
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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 — he may, subject to subsection (2) below, conduct an investigation under this Part of this Act jointly with that Commissioner or those Commissioners. jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen.
the Parliamentary Commissioner,
the Health Service Commissioner for England, or
both a housing ombudsman,
In subsection (1) “also-involved ombudsman” means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner’s investigation.
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.
If a Local Commissioner forms the opinion that a complaint which is being investigated by— relates partly to a matter within his jurisdiction by virtue of this Part, he may conduct an investigation under this Part of this Act jointly with that Commissioner or those Commissioners. jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons.
the Parliamentary Commissioner,
the Health Service Commissioner, or
both a housing ombudsman,
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.
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.
Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.
For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—
the Commission is the party, or one of the parties, by whom the services are to be provided;
the Commission is the party, or one of the parties, to whom the services are to be provided.
The arrangements that may be entered into under subsection (1) include arrangements for— to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.
the Commission, or
the Commission jointly with any one or more of the parties,
The persons within this subsection are—
the Commission,
the Parliamentary Commissioner,
the Health Service Commissioner for England, and
the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).
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 matter in respect of which the Information Commissioner could exercise any power conferred by—
sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
Part IV of that Act (enforcement), or
the commission of an offence under—
a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or
section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).
Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.
Subsection (2) applies if—
a decision that relates to an event in England is taken by or on behalf of an authority to which Part 3 of this Act applies,
the decision is taken in connection with the exercise of the authority's administrative functions, and
for a reason related to the health or safety of any person, or for reasons that include such a reason, the decision has effect to—
stop the holding of the event,
impose restrictions on the holding of the event,
impose conditions to be met in connection with the holding of the event, or
do all, or any two, of those things.
The authority must ensure that written notification of the decision is given (electronically or otherwise) to—
the person who made the application or other request to which the decision is a response, or
a person who appears to the authority to be an organiser of the event if the decision is made otherwise than on a request.
Written notification given for the purposes of subsection (2)—
must be given on the day the decision is taken or, if it is not reasonably practicable to give the notification on that day, must be given on the first working day after that day,
must, if the decision has the effect mentioned in subsection (1)(c)(i), give details of the decision's effect,
must, if the decision has the effect mentioned in subsection (1)(c)(ii) or (iii), give details of the restrictions or conditions,
must include the reasons for the decision so far as it has any of the effects mentioned in subsection (1)(c)(i) to (iii), and
may be a notification that is given also for other purposes.
Subsection (5) applies if—
for the purposes of subsection (2) an authority gives a person notification of a decision, and
the person, or some other person who is an organiser of the event, asks the authority to review the decision.
The authority must ensure—
that a review of the decision is completed—
as soon as is reasonably practicable after the authority receives the request for the review, and
in any event, by the end of 15 days beginning with the day on which the authority receives the request, and
that the person who asked for the review is given (electronically or otherwise) written notification of the decision made on the review, including the reasons for the decision, as soon as is reasonably practicable after the decision is made.
On a review under subsection (5) of a decision, the decision is to be—
confirmed,
withdrawn,
replaced by any other decision that could have been taken in the first instance, or
varied (but only if the decision as varied is one that could have been taken in the first instance).
If a person has rights to appeal against or otherwise challenge a decision reviewed under subsection (5), the person has the corresponding rights to challenge the decision made on the review.
In this section “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
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.
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.
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.
An order made under this section—
may be revoked or varied by a further order so made, and
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.
A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
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.
In any case where a local authority— 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.
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
by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,
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.
In this section “local authority” has the same meaning as in section 35 above.
Section 43 of the Housing (Financial Provisions) Act 1958 (power of local authorities to make advances for certain housing purposes) shall be amended in accordance with the provisions of this section.
At the end of paragraph (d) of subsection (1) there shall be added the words or.
After subsection (2) there shall be inserted the following subsection:—
and for the payment of instalments of interest throughout the period beginning on the date of the advance and ending when the whole of the principal is repaid
At the end of the section there shall be added the following subsection:—.
On the coming into operation of this section, no further advances shall be made by local authorities in England and Wales under section 74 of the Housing Act 1969 or section 41 of the Land Compensation Act 1973.
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 :—
On and after 1st April 1975, a highway or proposed highway which, immediately before that date, is classified under section 27(2) of the Local Government Act 1966 as a principal road for the purposes of section 235 of the Highways Act 1959, so far as that section relates to the making of advances to local highway authorities, shall cease to be so classified for the purposes of the said section 235 but, except in so far as the Secretary of State otherwise directs, shall continue to be treated as a principal road or a classified road for the purposes of any enactment or instrument (whether passed or made before or after the passing of this Act) which refers to roads or highways classified under any enactment as principal roads (whether for the purposes of advances under the said section 235 or otherwise) or, as the case may be, to roads or highways classified by the Secretary of State.
The Secretary of State may by order made by statutory instrument assign some other description to the highways which, whether by virtue of subsection (1) above or otherwise, are for the time being treated as principal roads for the purposes of any enactment or instrument.
If an order is made under subsection (2) above then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made shall be construed as a reference to a highway of the description specified in the order.
Nothing in subsection (2) above shall affect the power of the Secretary of State under section 27(2) of the Local Government Act 1966 to classify particular highways or proposed highways in such manner as he may determine after consultation with the highway authorities concerned.
In this section "highway" and "proposed highway" have the same meanings as in the Highways Act 1959.
There shall be defrayed out of money provided by Parliament—
any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
The enactments specified in Schedule 8 to this Act are here by repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Local Government Act 1974.
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.
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.
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.
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.
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Sections 1, 6 and 8.
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.
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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).
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—
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
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.
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—
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
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.
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.
Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State— 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.
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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
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),
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.
In any case where it appears to the Secretary of State— 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. In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.
In any case where it appears to the Secretary of State— 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. 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— 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. 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 . . .
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section 97 of the National Parks and Access to the Countryside Act 1949 (grants to local authorities in respect of expenditure on National Parks and areas of outstanding natural beauty) except in so far as that section provides for grants in respect of expenditure incurred in the exercise of powers under section 89(2) of that Act (derelict land) or of powers of acquiring land, whether by agreement or compulsorily, for the purpose of functions under that section ;
section 98 of that Act (grants to local authorities in respect of expenditure on long-distance routes);
section 9 of the Rating Act 1966 (grants to rating authorities in respect of rebates afforded by them under existing rate rebate schemes);
section 8 or section 10 of the Local Government Act 1966 (grants to local authorities in respect of expenditure on public open spaces and port health and airport health functions); or
section 33, section 34 or section 35 of the Countryside Act 1968 (grants to local authorities and other bodies in respect of expenditure on country parks, including the Lee Valley Regional Park, and the countryside).
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. 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. 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. No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.
Section 2.
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an amount arrived at by multiplying a prescribed sum by the population of the authority's area ; and
additional amounts determined in such manner as may be prescribed and attributable to such additional factors as may be prescribed for that year.
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the population of a local authority's area; and
the application or operation of any additional prescribed factor in relation to a local authority.
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Any water hereditament, within the meaning of section 31 of the principal Act.
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.
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.
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.
Any hereditament occupied by the Post Office by any such property as follows, namely—
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
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.
Any hereditament occupied by the National Coal Board.
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. 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. 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
Any hereditament occupied by the persons carrying on, under authority conferred by or under any enactment, a dock or harbour undertaking.
Any hereditament occupied by the persons carrying on an undertaking for the diffusion by wire of sound or television programmes.
Section 23.
A person shall be disqualified for being appointed as, or for being, a Local Commissioner if— 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 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. In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.
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A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—
while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—
matters relating to the authority, or
matters of a description which may include matters relating to the authority, and
for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).
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. 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. 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.
The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions. The Commission shall make arrangements to enable Local Commissioners to investigate matters , and in particular arrangements for— An officer of the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission may determine their own procedure, including the quorum necessary for their meetings. 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. 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.
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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. A determination under sub-paragraph (1) must be approved by the Treasury.
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Any function of a Commissioner may be discharged on the Commissioner's behalf— Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function. Any function of the Commission may be discharged on the Commission's behalf— Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.
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Section 26.
The commencement or conduct of civil or criminal proceedings before any court of law.
Action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime.
Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— Sub-paragraph (1) does not include transactions for or relating to— 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. Sub-paragraph (1)(e) does not include transactions relating to—
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
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Action which—
is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and
is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008).
In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).
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 —
action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or
action in connection with functions in relation to anything other than housing.
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.
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.
Section 35. Enactment relating to local authority function Amendment 1. Section 94 of the Public Health Act Amendment Act 1907 (power of local authorities to licence pleasure boats and boatmen). In subsection (1), for the words from “annual fees” to the end of the subsection there shall be substituted the words “for each type of licence such annual fee as appears to them to be appropriate”. 2.—(1) Section 1 of the Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals). 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 : “(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”. (2) Section 5(3) of that Act (expenses of local authorities, etc.). The words from “and the fee for registration” to the end shall be omitted. 3. . . . . . . 4. Section 3 of the Civic Restaurants Act 1947 (financial provisions). In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from “and the form of the account” to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from “and if the account” to the end of the subsection shall be omitted. 5. . . . . . . 6.—(1) Section 64 of the National Parks and Access to the Countryside Act 1949 (power of local planning authority to male access agreements with landowners in theri area). In subsection (1) the words “with the approval of the Minister” shall be omitted. (2) Section 65 of that Act (power of local planning authorities to make access orders). Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted. (3) Section 104 of that Act (general provisions as to appropriation and disposal of land). Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted. (4) Section 105 of that Act (default powers of Secretary of State). The section shall cease to have effect. 7. . . . . . . 8. Section 1 of the Pet Animals Act 1951 (licensing of pet shops by local authorities). In subsection (2), as originally enacted, the words “not exceeding ten shillings” shall be omitted. 9. . . . . . . 10. Section 6 of the Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft). 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 ”. 11. . . . . . . Subsection (3) (advertisement of local authority’s intention to apply for Minister’s approval) shall be omitted. 12. . . . . . . 13. Schedule 2 to the Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons). In paragraph 3, sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words “Provided that where” there shall be substituted the words “unless the council are satisfied that” and the words from “the Minister” to the end of the sub-paragraph shall be omitted. 14. Section 2 of the Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area). Subsections (2) and (3) (consent of the Secretary of State required for local authorities to develop land) shall be omitted. 15. . . . . . . 16. Schedule 12 to the London Government Act 1963 (licensing of public entertainments in Greater London). In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainment to be such as the Greater London Council may fix. within specified limits) the words from “not exceeding” to the end of the paragraph shall be omitted. 17. Section 1 of the Animal Boarding Establishments Act 1963 (licensing by local authorites of boarding establishments for animals). In subsection (2), as orignally enacted, the words “not exceeding ten shillings” shall be omitted. 18. Section 1 of the Riding Establishments Act 1964 (licensing of riding establishments by local authorities). In subsection (2), for the words from “and on payment” to “grant” there shall be substituted the words “grant, on payment of such fee as may be determined by the local authority”. 19.—(1) Section 5 of the Plant Health Act 1967 (execution of Act by local authorities). In subsection (2) (local authorites to keep certain records in such manner and form as competent authority may direct), the words from “in such manner” to “direct” shall be omitted. (2) Section 6 of that Act (publication of orders). In subsection (3) (local authoritites to publish orders in such manner and form as competent authority directs) the words from “in such manner as the competent authority directs” to “such direction” shall be omitted. 20. . . . . . . 21. . . . . . . 22.—(1) Section 10 of the Transport Act Act 1968 (general powers of the Passengers Transport Executive). In subsection (1)(xvi) (power with Passenger Transport Authority’s approval and Secretary of State’s consent, to make arrangements for transfer of part of the Executive’s undertaking of property to persons who have agreed to carry on any of the Executive’s activities) the words “and the consent of the Minister” shall be omitted. (2)Section 11 of that Act (financial duty of Executive). Subsection (4) (Executive to submit to Secretary of State statement of Executive’s proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted. (3) Section 12 of that Act (borrowing powers of Executive). In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State’s consent, to borrow money for that purpose) the words “with the consent of the Minister” shall be omitted. (4) Section 13 of that Act (power fot Authority to precept for Executive). Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted. (5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities). In subsection (2), in paragraph (c), the final word “and” and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State’s powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted. (6) Section 18 of that Act (planning of passenger transport services in designated areas). In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted. (7) . . . . . . (8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas). In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted. (9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages). In subsection (2), the words “subject to subsection (3) of this section” and subsections (3) to (8) (control of Secretary of State over exercise of local authorities’ powers) shall be omitted. (10) Section 37 of that Act (power of local authorities, with the Secretary of State’s consent, to acquire or dispose of public service vehicle undertakings). In subsection (1), the words from “with the consent” to “Secretary of State” and subsection (2) (terms on which consent may be given) shall be omitted. (11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions). Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted. (12) Part III of Schedule 5 to that Act (matters which may be dealt with an order designating a passenger transport area). Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted. 23. . . . . . . 24.... . . . . . . . . . 25. . . . . . . 26.—(1) Section 18 of the Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses). In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words “with the approval of the Minister” shall be omitted and subsections (3) to (5) (advertisement of local authority’s intention to apply for Minister’s approval and provisions as to public inquiries) shall be omitted. (2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence). For the words from “a fee”, in the first place where they occur, to “5p” there shall be substituted the words “such fees as appear to them to be appropriate for the grant and”.
Section 42.
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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 ".
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 ". 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 ".
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.
Section 52 of that Act shall cease to have effect.
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 ".
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 ".
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:—.
Schedule 11 to that Act shall cease to have effect.
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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 :—.
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Section 42. Chapter Short Title Extent of Repeal 15 & 16 Geo. 5. c. 38. The Performing Animals (Regulation) Act 1925. In section 1, in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, and in subsection (7) the words “subject to payment of the prescribed fee”. In section 5, in subsection (3) the words from “and the fee for registration” to the end of the subsection. 26 Geo. 5. & 1 Edw. 8. c. 49. The Public Health Act 1936. Section 292. 10 & 11 Geo. 6. c. 22. The Civic Restaurants Act 1947. In section 3, in subsection (1) the words from “and the form of the account” to the end of the subsection, and in subsection (2) the words from “and if the account” to the end of the subsection. 11 & 12 Geo. 6. c. 26. The Local Government Act 1948. Section 138(2). 12, 13 & 14 Geo. 6. c. 55. The Prevention of Damage by Pests Act 1949. In section 7(2) the words “two hundred and ninety-two” and the words “for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act”. 12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. In section 64(1) the words “with the approval of the Minister”. Section 65(6). In section 97, in subsection (1), paragraphs (a) and (b), and in paragraph (c) the words from “and under” to the end of the paragraph, and subsections (6) and (7). Section 98. In section 104, subsections (7) and (8). Section 105. 14 Geo. 6. c. 36. The Diseases of Animals Act 1950. In section 43 the words “with the sanction of the Minister”. Section 61(7). 14 & 15 Geo. 6. c. 35. The Pet Animals Act 1951. In section 1(2), as originally enacted, the words “not exceeding ten shillings”. 14 & 15 Geo. 6. c. 60. The Mineral Workings Act 1951. In section 19, in subsection (2) the words from “but the local authority” to the end of the subsection, and subsection (4). 2 & 3 Eliz. 2. c. 68. The Pests Act 1954. In section 6 the words from the beginning to “may authorise”. 4 & 5 Eliz. 2. c. 16. The Food and Drugs Act 1955. In section 80, in subsection (1) the words “with approval of the Minister”, and subsection (3). 7 & 8 Eliz. 2. c. 25. The Highways Act 1959. In section 124, in subsection (2), and in subsection (3) the words from “or, in a case where” to “so extended” and the words from “or, if an appeal” to the end of the subsection. In section 174(2)(b) the words from “which may include” to “and notices”. 8 & 9 Eliz. 2. c. 62. The Caravan Sites and Control of Development Act 1960. In Schedule 2, in paragraph 3, in sub-paragraph (1) the words from “the Minister” to the end of the sub-paragraph. 1963 c. 29. The Local Authorities (Land) Act 1963. In section 2, subsections (2) and (3). 1963 c. 31. The Weights and Measures Act 1963. In section 4(2) the words “and approved for the purpose by the Board”. In section 5(3) the words “and approved for the purpose of the Board”. In section 44(1) the words “with the consent of the Board”. 1963 c. 33. The London Government Act 1963. In Schedule 12, in each of paragraphs 3 and 6, the words from “not exceeding” to the end of the paragraph. 1963 c. 43. The Animal Boarding Establishments Act 1963. In section 1(2), as originally enacted, the words “not exceeding ten shillings”. 1966 c. 9. The Rating Act 1966. Section 9. Section 12(a). 1966 c. 42. The Local Government Act 1966. Sections 1 to 5. Section 8. Section 10. In section 27(2) the words from “all or any” to “authorites, and”. Schedule 1. In Schedule 3, in Part II, in column 1 the entries numbered 11, 14, 16, 21, 24, 25, 26 and 28. 1967 c. 8. The Plant Health Act 1967. In section 5(2) the words from “in such manner” to “direct”. 1967 c. 8—cont. The Plant Health Act 1967—cont. In section 6(3) the words from “in such manner as the competent authority directs” to “such direction”. 1967 c. 9. The General Rate Act 1967. In section 17(2), in paragraph (a) the words from “not being earlier” to the end of the paragraph, and in paragraph (b) the words from “not being earlier” to the end of the paragraph. In section 21(7) the words “or in section 22 of this Act”. Section 22. Section 35. Section 49. In section 51(1) the words “not exceeding two-and-a-half per cent”. Section 52. In section 115, in subsection (1) the definitions of “rebate application” and “rebate period”, and subsection (3)(b). Schedules 9 and 11. 1967 c. 76. The Road Traffic Regulation Act 1967. In section 29, in subsection (1) the words from “exercisable” to “approved by him”, and subsection (2). In section 31, in subsection (2) the words from “and, where an order provides” to the end of the subsection. In section 37, in subsection (5) the words “in the prescribed manner” and the words from “and in this” onwards. In section 44, in subsection (2) in the proviso the words from “but shall not be carried forward” to the end of the proviso, and in subsection (3)(c) the words “with the consent of the appropriate Minister”. In section 46(2) the words “with the consent of the Minister of Housing and Local Government”. In section 72(6)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. In section 84B(8)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. 1968 c. 41. The Countryside Act 1968. In section 2(9) the words “this Act or”. Section 5. Sections 33 to 35. In section 36, in subsection (1) the words from “under this Act” to “making of grants”, and in subsection (8) the words from “and subsections (2)” onwards. 1968 c. 46. The Health Services and Public Health Act 1968. In section 12(5) the words “with the approval of the Minister”. In section 13(2), the words “with the approval of the Minister”. 1968 c. 73. The Transport Act 1968. In section 10(1)(xvi) the words “and the consent of the Minister”. In section 11, subsections (4) and (5). In section 12(4) the words “with the consent of the Minister”. In section 13, subsections (4) and (7). In section 15, in subsection (4) the words from “to the provisions” to the end of the subsection. In section 16, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5). In section 18, in each of subsections (1) and (2), the words “to the Minister and”. Section 21(5)(a). In section 34, subsections (2) and (3). In section 36, in subsection (2) the words “subject to subsection (3) of this section” and subsections (3) to (8). In section 37, in subsection (1) the words from “with the consent” to “Secretary of State”, and subsection (2). In section 138, subsections (6) to (8) and (9)(a). In Schedule 5, in Part III paragraph 14. In Schedule 14, in Part IV paragraph 10. 1969 c. 10. The Mines and Quarries (Tips) Act 1969. In section 23(1), paragraph (c) except the final word “and”. 1969 c. 33. The Housing Act 1969. Section 74. 1969 c. 35. The Transport (London) Act 1969. In section 3, in subsection (1) the words from “but any expenditure” to the end of the subsection. In section 7, in subsection (5) and in subsection (6), in pargaraph (a) the final word “and” and paragraphs (b) and (c). In section 12, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5). In section 23(6), paragraph (b) and the word “and” immediately preceding it. In section 29(1)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. 1969 c. 53. The Late Night Refreshment Houses Act 1969. In section 3, subsections (2) and (3). Section 12. 1970 c. 21. The New Forest Act 1970. Section 4. 1970 c. 32. The Riding Establishment Act 1970. In section 2(1), paragraph (i). 1971 c. 41. The Highways Act 1971. In section 1(6)(a)(i) the words “for the purposes of advances under section 235 of the principal Act”. 1971 c. 78. The Town and Country Planning Act 1971. In section 28(1) the word “either”, paragraph (b) and the word “or” immediately preceding it. In section 31, subsections (2) and (3). In section 46, in subsection (1) paragraph (b) and the word “and” immediately preceding it, and in subsection (3) the words from “and the notice” to the end of the subsection. In section 65(1) the words “then, given to any directions given by the Secretary of State”. In section 87(1) the words “any directions given by the Secretary of State and to”. In section 91(4), paragraph (c) except the final word “and”. 1971 c. 78—cont. The Town and Country Planning Act 1971—cont. In section 96(1) the words “then, subject to any directions given by the Secretary of State”. In section 100(1) the words from “give directions” to “or may”. In section 117, in subsection (1) the words “an application for” and the words from “and the Secretary of State” to the end of the subsection, and in subsection (5) the words “an application for”, “the local authority’s application for” and “be refused or, as the case may be, that such a direction”. In section 124, subsections (3) and (4), in subsection (6) the words “with the consent of the Secretary of State” and in subsection (8) the words “approved by the Secretary of State”. In section 125, in subsection (1) the words from “and the Secretary of State” to the end of the subsection, subsection (2) and in subsection (3) the words from “ “preservation” in” to “and”. In section 164(1) the words from “(other than” to “Secretary of State)”. In section 212(1) the words “for the purposes of advances under section 235 of the Highways Act 1959”. In section 276, in subsection (1) the words from “give directions” to “or may” and in subsection (5) paragraph (b), in paragraph (c) the words from “or under” to “this Act” and the words from “give directions” to “or may”. Section 277(2). In Schedule 11, in paragraph 11(1) the words from “give directions” to “or may”. 1971 c. lxx. The Chichester Harbour Conservancy Act 1971. Section 30(3). 1972 c. 47. The Housing Finance Act 1972. In Schedule 9, paragraphs 7 and 8. 1972 c. 70. The Local Government Act 1970. Section 203(5). In Schedule 24, paragraph 11, and in paragraph 12, in section 13 of the Transport Act 1968 as set out in that paragraph, subsection (2). 1973 c. 28. The Rate Rebate Act 1973. The whole Act. 1973 c. 37. The Water Act 1973. In Schedule 5, in paragraph 11(9) the words from “multiplied by” to “authority for that year”, in paragraph 11(13) the definition of “the conclusive calculation” and paragraph 13(2). 1973 c. 60. The Breeding of Dogs Act 1973. Section 4. 1974 c. 3. The Slaughterhouses Act 1974. In section 18, in subsection (1) the words “with the approval of the Minister” and subsections (3) to (5). In Schedule 3, paragraphs 3 and 6.
This section applies for the purposes of this Part.
“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.
“Adult social care provider” means a person who carries on an activity which—
involves, or is connected with, the provision of adult social care, and
is a regulated activity within the meaning of Part 1 of the 2008 Act.
Action is to be treated as action taken by an adult social care provider if it is taken by—
a person employed by that provider,
a person acting on behalf of that provider, or
a person to whom that provider has delegated any functions.
Action is also to be treated as action taken by an adult social care provider if—
that provider provides adult social care by means of an arrangement with another person, and
the action is taken by or on behalf of the other person in carrying out the arrangement.
Under this Part, a Local Commissioner may investigate a matter—
which relates to action taken by an adult social care provider in connection with the provision of adult social care, and
in relation to which Condition 1 or 2 is met.
But a Local Commissioner may not conduct an investigation under this Part in respect of any action or matter described in Schedule 5A.
Condition 1 is met if a complaint about the matter which satisfies sections 34C and 34D has been made to a Local Commissioner.
Any question whether Condition 1 is met in relation to a matter is to be determined by a Local Commissioner.
Condition 2 is met if—
the matter has come to the attention of a Local Commissioner, and
section 34E applies to the matter.
Before investigating a matter under this Part a Local Commissioner must be satisfied that—
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
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.
In subsection (6) the reference to a person affected includes a reference to that person's personal representatives.
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.
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—
not to investigate a matter, or
to discontinue an investigation of a matter.
Her Majesty may by Order in Council amend Schedule 5A by adding, omitting or changing a description of an action or matter.
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.
A complaint about a matter under this Part may only be made—
by a member of the public who claims to have sustained injustice in consequence of the matter (“P”),
by a person authorised in writing by P to act on P's behalf, or
in accordance with subsection (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—
by D's personal representatives (if any), or
by a person who appears to a Local Commissioner to be suitable to represent D.
Subject to subsection (3), a complaint about a matter under this Part must be made—
in writing, and
before the end of the permitted period.
In subsection (1)(b), the “permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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, or
if earlier, the day on which the complainant first had notice of the matter.
A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
This section applies to a matter which has come to the attention of a Local Commissioner if—
the matter came to the Local Commissioner's attention during the course of an investigation under Part 3 or this Part,
(subject to subsection (3)) the matter came to the Local Commissioner's attention—
before the person affected or that person's personal representatives had notice of the matter, or
in any other case, before the end of the permitted period, and
it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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.
A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
A Local Commissioner who proposes to investigate a matter under this Part must give the following persons an opportunity to comment on the matter—
the adult social care provider concerned;
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;
any person who otherwise appears to the Local Commissioner to have taken or authorised that action.
Every investigation under this Part is to be conducted in private.
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.
The Local Commissioner may, in particular—
obtain information from such persons and in such manner as the Local Commissioner thinks fit,
make such inquiries as the Local Commissioner thinks fit, and
determine whether any person may be represented (by counsel, solicitor or otherwise) in the investigation.
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—
sums in respect of the expenses properly incurred by them;
allowances by way of compensation for the loss of their time.
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—
the adult social care provider concerned;
any other person who in the Local Commissioner's opinion is able to furnish any such information or produce any such documents.
Nothing in subsection (1) affects the restriction imposed by section 34X of the PSOWA 2005.
For the purposes of an investigation under this Part a Local Commissioner has the same powers as the High Court in respect of—
the attendance and examination of witnesses, and
the production of documents.
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.
A Local Commissioner may pay to any such person giving advice such fees or allowances as the Local Commissioner may determine.
A Local Commissioner may appoint and pay a mediator or other appropriate person to assist in the conduct of an investigation under this Part.
Any person appointed under subsection (6) is to be deemed to be an officer of the Commission in carrying out functions under that appointment.
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.
If any person without lawful excuse— the Local Commissioner may certify the offence to the High Court.
obstructs a Local Commissioner in the performance of the Local Commissioner's functions under this Part,
obstructs any person discharging or assisting in the discharge of those functions, or
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,
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.
A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—
decides not to investigate a matter under this Part,
decides to discontinue such an investigation, or
completes such an investigation.
In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.
In a case falling within subsection (1)(c), the statement must—
set out the Local Commissioner's conclusions on the investigation, and
include any recommendations the Local Commissioner considers it appropriate to make.
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—
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
to prevent injustice being caused in the future in consequence of similar action of the provider.
The Local Commissioner must send a copy of a statement prepared under this section to each of the persons concerned.
The persons concerned are—
the complainant (if any);
the adult social care provider concerned;
any person who is alleged in the complaint (if any) to have taken or authorised the action which was the subject of the investigation;
any person who otherwise appears to the Local Commissioner to have taken or authorised such action.
The Local Commissioner may send a copy of a statement prepared under this section to—
the Care Quality Commission, and
any local authority which appears to the Commissioner to have an interest in the subject matter of the statement.
The statement must identify the adult social care provider concerned unless—
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
the Local Commissioner considers that it is not appropriate for the individual to be identified.
The statement must not— 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.
mention the name of any person other than the provider, or
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,
This section applies where an adult social care provider receives a statement prepared under section 34H which contains recommendations.
The adult social care provider concerned must—
consider the statement, and
notify the Local Commissioner within the required period of the action which the provider has taken or proposes to take.
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—
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,
is not satisfied with the action which the provider concerned has taken or proposes to take, or
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.
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—
details of any action recommended in the statement which the provider has not taken;
such supporting material as the Local Commissioner may require;
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.
The adverse findings notice must be published by the adult social care provider in such manner as the Local Commissioner may direct.
If the adult social care provider— the Local Commissioner must arrange for an adverse findings notice to be published in such manner as the Local Commissioner considers appropriate.
fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5), or
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 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).
In this section the “required period” means—
the period of one month beginning with the date on which the adult social care provider concerned received the statement, or
such longer period as the Local Commissioner may agree in writing.
A Local Commissioner may— 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.
publish all or part of a statement under section 34H,
arrange for further publication of all or part of an adverse findings notice published under section 34I(3) or (6), or
publish a summary of a matter which is the subject of a statement or adverse findings notice under section 34H or 34I,
A Local Commissioner may—
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
charge a reasonable fee for doing so.
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.
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—
for the purposes of the investigation and of any statement, adverse findings notice or summary under section 34H, 34I or 34J,
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,
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner (or both),
for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1989 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of a Local Commissioner,
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,
for the purposes of an inquiry with a view to the taking of proceedings of a kind mentioned in paragraph (d) or (e), or
for the purposes of proceedings under section 34G(10).
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.
A Local Commissioner must not prepare a statement under section 34H which includes government information unless the Local Commissioner has—
obtained the written consent of an officer of the government department concerned, or
given the department not less than one month's notice in writing of the intention to include the information in a statement.
In subsection (3) “government information” means information disclosed under section 34G(1) which—
is derived from a communication with a government department, and
has not been made public.
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.
For the purposes of the law of defamation the following are absolutely privileged—
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;
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);
the publication of any matter in preparing, making and sending a statement in accordance with section 34H;
the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);
the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;
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.
The persons mentioned in subsection (1)(b) are—
a complainant or the person affected in relation to a matter;
the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;
the Care Quality Commission or any officer of that Commission;
a local authority.
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—
the Parliamentary Commissioner, in accordance with the PCA 1967;
the Health Service Commissioner, in accordance with the HSCA 1993;
the Scottish Public Services Ombudsman in accordance with the SPSOA 2002; or
the Public Services Ombudsman for Wales, in accordance with the PSOWA 2005 or the PSOWA 2019.
The Local Commissioner—
must consult with the appropriate Commissioner or Ombdusman about the matter, and
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.
Consultation under subsection (2)(a) in relation to a matter under investigation under this Part may be about anything relating to the matter, including—
the conduct of any investigation into the matter, and
the form, content and publication of any report or statement of the results of or conclusions on such an investigation.
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.
The Parliamentary Commissioner—
must consult with the appropriate Local Commissioner about the complaint, and
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.
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).
Nothing in the following provisions applies in relation to the disclosure of information in the course of consultations held in accordance with this section—
section 11(2) of the PCA 1967;
section 15 of the HSCA 1993;
section 19 of the SPSOA 2002;
section 34X of the PSOWA 2005;
section 34K(1) of this Act.
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— the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.
the Parliamentary Commissioner,
the Health Service Commissioner, or
both,
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).
If a Local Commissioner forms the opinion that a complaint being investigated by— 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.
the Parliamentary Commissioner,
the Health Service Commissioner, or
both,
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.
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 matter in respect of which the Information Commissioner could exercise any power conferred by—
sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
Part 4 of that Act (enforcement), or
the commission of an offence under—
a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or
section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).
Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.
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.
Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.
The Commission must—
divide the matters which may be investigated under this Part into such categories as it considers appropriate, and
allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
The Commission—
must make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (1), and
must publish information about the procedures for making complaints under this Part.
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.
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).
The Commission may—
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
arrange for the advice and guidance to be published for the information of the public.
Before providing advice or guidance under subsection (3) the Commission must consult such persons as appear to it to be appropriate.
Every Local Commissioner must for each financial year—
prepare a general report on the discharge of the Local Commissioner's functions under this Part, and
submit it to the Commission not later than 2 months after the end of the year to which it relates.
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”).
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).
The Commission must arrange for the publication of—
the Part 3A annual report, and
the reports which are submitted under subsection (1).
The Commission must lay a copy of the Part 3A annual report before Parliament.
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, and in 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 PSOWA 2019” means the Public Services Ombudsman (Wales) Act 2019, “the SPSOA 2002” means the Scottish Public Services Ombudsman Act 2002.
The following terms have the same meaning in this Part as they have in Part 3—
action (and other expressions connoting action) (see section 34);
the Commission (see section 34);
local authority (see section 34);
Local Commissioner (see section 23(3));
Parliamentary Commissioner (see section 34).
Section 34(1A) applies for the purposes of this Part as it applies for the purposes of Part 3.
Section 34B
A matter which could be the subject of an investigation by a Local Commissioner under Part 3.
A matter which could be the subject of an investigation by the Health Service Commissioner under the HSCA 1993.
The commencement or conduct of civil or criminal proceedings before any court of law.
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
Act partly in force at Royal Assent, see s. 43(2); Act wholly in force at 1.4.1979 Ss. 1-5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 S. 6(1)–(7) repealed by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 125, 149, Sch. 13 Pt. II Words repealed by Highways Act 1980 (c. 66), Sch. 25 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) S. 8(1) repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 48(6), Sch. 5 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 S. 8(4) repealed by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), Sch. 5 S. 9 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 110 (with Sch. 7) Words in s. 10(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 Words in s. 10(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 S. 10(3)-(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 Ss. 11–14 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24, SIF 113:1), s. 28(5), Sch. 5 Ss. 15–19, 21 and 22 repealed by S.I. 1990/776, art. 3, Sch. 1 S. 20 repealed by Rating (Disabled Persons) Act 1978 (c. 40), Sch. 2 Ss. 15–19, 21 and 22 repealed by S.I. 1990/776, art. 3, Sch. 1 Pt. 2A inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 1, 4(2) 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 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) Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(2) 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) 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) 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) 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) Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 22(3) 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) 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) Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 22(4), 194(4), Sch. 12 Pt. II 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)) 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)) 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)) Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 22(4), 194(4), Sch. 12 Pt. II 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)) 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)) 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) 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) 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) 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) 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) 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 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) 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) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 2(1) 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) 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)) 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 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) Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(1), Sch. 11 para. 38 S. 23(12A)(12B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 23(1) 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) 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) 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) S. 23A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 25(2) 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) 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 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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 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)) Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 4 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 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) 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) S. 25(1)(ba)–(bd) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 4 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) S. 25(1)(bbb) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d) 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) S. 25(1)(bda) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 4 S. 25(1)(be) inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 para. 19 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) 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. 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) 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 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) S. 25(1)(bh) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 34; S.I. 2017/399, reg. 2, Sch. para. 38 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) S. 25(1)(cza) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 49; S.I. 2018/227, reg. 4(c) S. 25(1)(ca)(caa) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 121; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 39) 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 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. 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 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 S. 25(1)(cd) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(9)(a); S.I. 2015/994, art. 6(g) 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) S. 25(1)(cg) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 55 (with s. 247) 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 Words in s. 25(1)(d) substituted (14.7.2014) by Water Act 2014 (c. 21), s. 94(2)(r), Sch. 10 para. 2 Words in s. 25(1)(d) omitted (14.7.2017) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(c), Sch. 2 para. 19; S.I. 2017/714, art. 2 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 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)) 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)) 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 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)) 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)) 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)) 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 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) 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 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. 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)) 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) 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)) 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 Word in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(a); S.I. 2012/1087, art. 3 (with art. 4) 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)) Words in s. 25(5)(e) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 2(b); S.I. 2012/1087, art. 3 (with art. 4) 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)) 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)) S. 26(1)(d)(e) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 18; S.I. 2013/160, art. 2(2) (with arts. 7-9) S. 26(1)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 1; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30) 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)) 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)) 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 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)) 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)) 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)) 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)) 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)) 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)) 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)) 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) 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) 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)) 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) 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) 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)) 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) 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 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. 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)) 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) 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) S. 26(8)(a)(b) and word inserted (1.5.2026) by Renters’ Rights Act 2025 (c. 26), ss. 74, 145(1)(7) (with s. 138); S.I. 2026/421, reg. 3(f) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 5(5) 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)) S. 26(11) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 51(b) 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)) 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)) 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)) 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)) 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)) S. 26C(6)(d) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(9)(b); S.I. 2015/994, art. 6(g) 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) S. 26C(6)(g) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 56(2) (with s. 247) 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) S. 26C(9) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 56(3) (with s. 247) 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 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)) 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)) 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 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. 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 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. 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)) 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)) 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)) 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)) 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)) 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)) Words in s. 28(2) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(2), 4(2) 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)) 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)) 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)) 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)) S. 28(5) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(3), 4(2) 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) 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 Word in s. 29(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 6; S.I. 2014/2718, art. 2(b) 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)) 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 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 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)) 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)) 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 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)) 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) 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)) S. 30(2AB) inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(1) 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 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)) Words in s. 30(3) repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 15(a), Sch. 6; S.I. 2012/1358, art. 2 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)) 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) S. 30(3A) repealed (22.5.2012) by Local Government Act 2000 (c. 22), s. 108(3)(b)(c), Sch. 5 para. 15(b), Sch. 6; S.I. 2012/1358, art. 2 S. 30(4A) inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(2)(5) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(a)(5) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(b)(5) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(3)(c)(5) Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 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)) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 6(4)(5) 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) 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)) 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) 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)) S. 31(3) added by Local Government Act 1978 (c. 39), s. 1 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) 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)) Words substituted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 7(1)(4)(5) 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 S. 31A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 28 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)) 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)) 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)) 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) 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)) 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)) Words in s. 31A(3)(c) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 3; S.I. 2012/1087, art. 3 (with art. 4) 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) 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)) 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)) 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)) 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 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)) 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)) 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)) 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) Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(2)(4) 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)) 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)) 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)) 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 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)) Words inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 8(3)(4) 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)) 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 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)) 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)) 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)) 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 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 Words in s. 32(2)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 4(2) 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)) 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)) 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)) 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)) 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) 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)) 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) 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) 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) S. 32(7) inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 3 (with ss. 56, 78) 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) 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) 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)) 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) 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) 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) 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) 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). 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) S. 33(1)(bza) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(a), 240(2); S.I. 2013/722, art. 2(d) 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) 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 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) 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)) 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) 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) 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) Words in s. 33(2) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(b), 240(2); S.I. 2013/722, art. 2(d) 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) 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) 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) 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)) 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 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) 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)) 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)) 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). 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. S. 33(3A) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(c), 240(2); S.I. 2013/722, art. 2(d) Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(d), 240(2); S.I. 2013/722, art. 2(d) Words in s. 33(4) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(2)(e), 240(2); S.I. 2013/722, art. 2(d) 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. 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) 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). 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 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) Word in s. 33(5) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 7; S.I. 2014/2718, art. 2(b) 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) 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 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). 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) S. 33ZA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 4 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 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) Words in s. 33ZA(1)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(b), 240(2); S.I. 2013/722, art. 2(d) Words in s. 33ZA(1) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(a), 240(2); S.I. 2013/722, art. 2(d) S. 33ZA(1A) inserted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(5), 240(2); S.I. 2013/722, art. 2(d) 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) 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) Words in s. 33ZA(3)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(b), 240(2); S.I. 2013/722, art. 2(d) 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 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 Words in s. 33ZA(3) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(a), 240(2); S.I. 2013/722, art. 2(d) 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 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 S. 33ZB inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(1), 240(1)(c) S. 33A inserted (30.1.2001) by 2000 c. 36, ss. 76(2), 87(2), Sch. 7 para. 4 (with ss. 56, 78) S. 33A(1)(a)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 5(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g) S. 33A(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 5(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g) 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) 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) Words in s. 34(1) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(7), 240(2); S.I. 2013/722, art. 2(d) 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) Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12 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) 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) 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) S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1)) Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1)) 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)) 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)) Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II 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) 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 Word in s. 34G(2) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 8; S.I. 2014/2718, art. 2(b) Words in s. 34K(1)(d) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 4(3) Words in s. 34M(1)(d) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 8; S.I. 2019/1096, reg. 2 Word in s. 34M(7)(d) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 9; S.I. 2014/2718, art. 2(b) S. 34O(1)(a)(i) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 6(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g) S. 34O(1)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 6(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g) Words in s. 34T(1) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 9; S.I. 2019/1096, reg. 2 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 S. 37 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 6, Sch. 1 Pt. I 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 S. 40 repealed by Highways Act 1980 (c. 66), Sch. 25 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 Sch. 1 paras. 1–5, 10 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XVI Sch. 1 para. 6(a) repealed by Highways Act 1980 (c. 66), Sch. 25 Words repealed by Highways Act 1980 (c. 66), Sch. 25 Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 11(a) Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(b), Sch. 7 Words repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a)(b), Sch. 6 para. 11(c), Sch. 7 Sch. 1 paras. 1–5, 10 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XVI Sch. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2 Sch. 3 repealed by S.I. 1990/776, art. 3, Sch. 1 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) 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) 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) 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) 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 Sch. 4 para. 1(2C)(2D) omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(e), 82(3); S.I. 2012/1087, art. 2 (with art. 6) 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) 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) 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) 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)) 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) 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)) Sch. 4 para. 3(3) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(5) 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) 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) 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)) 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) 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) 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)) 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)) 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 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) 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) 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) 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) 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) 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) 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) 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) 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 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)) Sch. 4 para. 13(3)(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(2), 240(1)(c) 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)) Words in Sch. 5 para. 2 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 122; S.I. 2011/3019, art. 3, Sch. 1 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)) 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 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 71 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. Words in Sch. 5 para. 5(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 63; S.I. 2014/889, art. 7(a) Words in Sch. 5 para. 5(2)(b) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 2(2) Sch. 5 paras. 5A, 5B inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(1)(a), 240(2) (with s. 181(10)); S.I. 2013/722, art. 2(c) Sch. 5 paras. 6 and 7 inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 10 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)) 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 Sch. 5 para. 6(a)(b) substituted for words (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(1)(b), 240(2) (with s. 181(10)); S.I. 2013/722, art. 2(c) 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)) 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. 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)) 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) 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 Sch. 6 para. 3 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I Sch. 6 para. 5 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV Sch. 6 para. 7 repealed by Animal Health Act 1981 (c. 22), Sch. 6 Sch. 6 para. 9 repealed by Mineral Workings Act 1985 (c. 12, SIF 86), s. 10, Sch. 2 Sch. 6 para. 11 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11 Sch. 6 para. 12 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 6 para. 15 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I Sch. 6 para. 20 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 6 para. 21 repealed by National Health Service Act 1977 (c. 49), Sch. 16 Sch. 6 para. 22(7) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8 Sch. 6 para. 23 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7 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) Sch. 7 para. 1 repealed by Derelict Land Act 1982 (c. 42, SIF 46:4), s. 5(2), Sch. Sch. 7 para. 2 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 7 paras. 3–10 repealed by S.I. 1990/776, art. 3, Sch. 1 Sch. 7 para. 11 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(b), Sch. 7 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 Sch. 7 para. 13 repealed by Land Drainage Act 1976 (c. 70), Sch. 8 Sch. 7 para. 15 omitted (1.10.2018) by virtue of The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 6 (with reg. 27) Act: transfer of certain functions (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 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) S. 6 excluded by S.I. 1984/1863, arts. 4, 5 S. 8 excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 54(1)(2) 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 Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L 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) Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1) Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2). 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 Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2 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 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 Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4) Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f) Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2 S. 23(12) restricted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 29, Sch. 3 para. 2(2) S. 23(12)(12A)(12B)(13) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3 S. 23A extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3 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) S. 25(1)(c) extended by S.I. 1987/2110, art. 2(2), Sch. 2 para. 8(h) s. 26 modified by S.I. 1991/559, art. 2(3)(5) S. 26 modified by S.I. 1986/452, art. 8(3)(5) S. 26(11)(b) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(k) S. 26(11)(b) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(k) S. 27: s. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) 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 S. 29: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) S. 29 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I S. 30: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 27–30 modified by S.I. 1986/452, art. 8(3) 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) 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)) S. 31: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 31A: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 32: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 32 applied (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt. I S. 32(2) modified (28.7.2001) by S.I. 2001/2286, art. 4, Sch. 3 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 S. 32(2)(b) amended by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(3), Sch. 1 para. 1(e) S. 32(3) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) S. 33: ss. 26-34 modified by S.I. 1991/559, art. 2(3) S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3) Ss. 31–34 modified by S.I. 1986/452, art. 8(3) S. 35(3): application continued by Weights and Measures Act 1985 (c. 72, SIF 131), s. 196(1), Sch. 11 para. 19 S. 36 applied by Housing Act 1988 (c. 50, SIF 61), ss. 65(5), 68(4) 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. 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. Power of appointment conferred by s. 43(2) fully exercised: S.I. 1974/335, 1977/943 and 1978/1583 Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3 Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4 Sch. 5 amended by S.I. 1988/242, art. 2 Sch. 5 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2 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. 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. 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. 1968 c. 73. 1967 c. 13. 1972 c. 70. 1972 c. 70. 1972 c. 70. 1968 c. 73. 1968 c. 73. 1907 c. 53. 1925 c. 38. 1947 c. 22. 1949 c. 97. 1951 c. 35. 1954 c. 68. 1960 c. 62. 1963 c. 29. 1963 c. 33. 1963 c. 43. 1964 c. 70. 1967 c. 8. 1968 c. 73. 1974 c. 3. 1973 c. 37. 1973 c. 60. An Act to make further provision, in relation to England and Wales, with respect to the payment of grants to local authorities, rating and valuation, borrowing and lending by local authorities and the classification of highways; to extend the powers of the Countryside Commission to give financial assistance; to provide for the establishment of Commissions for the investigation of administrative action taken by or on behalf of local and other authorities; to restrict certain grants under the Transport Act 1968; to provide for the removal or relaxation of certain statutory controls affecting local government activities; to make provision in relation to the collection of sums by local authorities on behalf of water authorities; to amend section 259(3) of the Local Government Act 1972 and to make certain minor amendments of or consequential on that Act; and for connected purposes.
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Subject to the provisions of this Part of this Act, the Secretary of State shall, for the year 1974-75 and each subsequent year, make grants to local authorities in England and Wales in accordance with this section; and any grants made in pursuance of this subsection shall be known as "rate support grants ".
For the purpose of fixing the estimated aggregate amount of the rate support grants for any year, the Secretary of State shall determine the aggregate amount (in this Part of this Act referred to as " the amount available for grants ") which he estimates is to be available for the payment out of money provided by Parliament of grants, other than housing subsidies and grants under section 8 below, to local authorities in respect of their relevant expenditure for that year, and shall deduct therefrom— and so much of the amount available for grants as remains after making those deductions shall be the estimated aggregate amount of the rate support grants for that year.
the portion of the amount available for grants which he estimates will be allocated to grants in respect of specific services, other than grants under section 8 below; and
the portion of that amount which is prescribed as the aggregate amount of supplementary grants for transport purposes, within the meaning of section 6 below; and
the portion of that amount which is prescribed as the aggregate amount of supplementary grants under section 7 below;
Before determining the amount available for grants and the portions of that amount mentioned in paragraphs (a) to (c) of subsection (2) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable, and shall take into account—
the latest information available to him as to the rate of relevant expenditure;
any probable fluctuation in the demand for services giving rise to relevant expenditure, so far as the fluctuation is attributable to circumstances prevailing in England and Wales as a whole which are not under the control of local authorities;
the need for developing those services and the extent to which, having regard to general economic conditions, it is reasonable to develop those services; and
the current level of prices, costs and remuneration and any future variation in that level which in the opinion of the Secretary of State will result from decisions which appear to him to be final and which will have the effect of increasing or decreasing any particular prices, costs or remuneration.
Subject to subsection (6) below, in this section " relevant expenditure ", in relation to any year, means the expenditure for that year falling to be defrayed out of the rate fund of a local authority—
reduced by the amount of any payments of such descriptions as the Secretary of State may determine which fall to be made for that year into the rate fund; and
exclusive of the items of expenditure specified in subsection (5) below.
The items of expenditure referred to in subsection (4)(b) above are—
sums falling to be paid to another local authority by virtue of a precept or other instrument;
expenditure under section 1(1) (awards for university and comparable courses) or section 2(3) (grants to persons undergoing training as teachers) of the Education Act 1962; and
so much of the allowances granted in the year in question under a local authority's allowance scheme, within the meaning of Part II of the Housing Finance Act 1972, as does not exceed the authority's standard amount of rent allowances, within the meaning of that Act, for that year.
The following grants for specific services, namely grants— shall be treated for the purposes of subsection (2) above as grants made to local authorities; and to the extent that, in any year, any expenditure of the Receiver for the Metropolitan Police District or of a combined police authority is met by any such grants, that expenditure shall be treated for the purposes of this section as relevant expenditure in relation to that year.
to the Receiver for the Metropolitan Police District under section 77 of the Criminal Justice Act 1948 (towards the cost of probation services) and under section 27 of the Justices of the Peace Act 1949 (grants for magistrates' courts purposes), and
under section 31 of the Police Act 1964 (police grants), whether made to a committee of a local authority or not,
In this section—
" housing subsidies " means such grants to local authorities out of money provided by Parliament for housing as may be determined by the Secretary of State to be housing subsidies for the purposes of this section; and
" rate fund ", in relation to the Greater London Council, the Common Council of the City of London and the Council of the Isles of Scilly, means the general fund or general rate, as the case may require, and in relation to any other local authority means the county fund or general rate fund.
The provisions of Part I of Schedule 1 to this Act shall have effect with respect to the termination of grants under section 1 of the Local Government Act 1966 (existing rate support grants).
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The aggregate amount of the rate support grants for any year shall be divided by the Secretary of State into three elements, to be known respectively as " the needs element", " the domestic element " and " the resources element ", and the aggregate amount of the needs element and of the domestic element and the estimated aggregate amount of the resources element shall be such as may be prescribed.
Subject to the following provisions of this section, payments in respect of the elements of rate support grant shall be made to a local authority at such times as the Secretary of State may with the consent of the Treasury determine, and shall be made in aid of the revenues of the authority generally; and the provisions of Schedule 2 to this Act shall have effect with respect to the determination of the amounts payable to any local authority in respect of those elements for any year.
Except as provided by subsection (4) below, no payment in respect of the needs element shall be made to the council of a non-metropolitan district and the Secretary of State may by regulations provide that such proportion as may be determined by or under the regulations of the amount which, apart from the regulations, would be payable in respect of the needs element for any year— shall be payable instead to the Greater London Council or, as the case may be, to the council of the metropolitan county in which the district is situated; and any such regulations may make different provision in relation to different councils.
to the council of a London borough or the Common Council of the City of London, or
to the council of a metropolitan district,
The Secretary of State may by regulations provide that such proportion as may be determined by or under the regulations of the amount which, apart from the regulations, would be payable in respect of the needs element for any year to the council of a non-metropolitan county shall, in such cases as may be determined in accordance with the regulations, be payable instead to the councils of districts situated in the county; and any such regulations may make different provision in relation to different councils.
No payment in respect of either the domestic element or the resources element shall be made to a county council or the Greater London Council.
Any amounts payable to a local authority in respect of the domestic element shall be taken into account for the purposes of this and any other Act as if they were payable on account of rates.
Subject to subsection (8) below, the Secretary of State may—
defray any expenditure incurred in any year in the provision of services for local authorities by any body specified in regulations made by the Secretary of State ; and
deduct from the aggregate amount of the needs element for that year such amount, not exceeding the total of the expenditure so defrayed, as appears to him to be appropriate.
Before exercising his powers under subsection (7) above, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned and with any local authority with whom consultation appears to him to be desirable.
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The estimated aggregate amount of the rate support grants fixed in accordance with section 1(2) above for any year and the matters which under this Part of this Act are to be prescribed shall be fixed and prescribed by an order (in this Part of this Act referred to as a " rate support grant order ") made by the Secretary of State with the consent of the Treasury and after consultation with such associations of local authorities as appear to the Secretary of State to be concerned and with any local authority with whom consultation appears to him to be desirable.
Every rate support grant order shall be laid before the Commons House of Parliament and shall not have effect until approved by a resolution of that House.
Together with any rate support grant order laid before the Commons House of Parliament there shall be laid a report of the considerations leading to the provisions of the order, including the considerations leading to the determination of the amount available for grants and the portions mentioned in paragraphs (a) to (c) of section 1(2) above.
A separate rate support grant order shall be made in advance for each year.
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If it appears to the Secretary of State that, after the time when the amount available for grants was determined for any year, the relevant expenditure of local authorities for that year has been or is likely to be substantially increased by reason of— and that no account was taken of that increase or, as the case may be, the effect of that provision when the amount available for grants was so determined, he may for that year redetermine that amount and the portions which are to be deducted therefrom in accordance with section 1(2) above and, by an order made in the like manner and subject to the like provisions as a rate support grant order, may increase the amounts fixed by the relevant rate support grant order as the estimated aggregate amount of the rate support grants and the aggregate amount of the needs element for that year.
an increase which has taken place in the level of prices, costs or remuneration, or
the coming into operation of a provision of an enactment passed after this Act,
The provisions of sections 1(3) and 3(3) above relating to consultation and to a report of the considerations leading to a determination under section 1 above shall apply to a redetermination under this section as they apply to a determination under that section.
In redetermining under this section the amount available for grants and the portions referred to in subsection (1) above, the Secretary of State—
shall take into account not only the effect of the increase referred to in paragraph (a) of that subsection or, as the case may be, the provision referred to in paragraph (b) thereof, but also any future variation in the level of prices, costs and remuneration current at the time of the redetermination which in his opinion will result from any such decisions as are referred to in section 1(3)(d) above, and
except in the case of a change resulting from the coming into operation of any enactment passed after this Act, shall take no account of any change, as compared with the situation at the time that amount and those portions were determined for the purposes of the relevant rate support grant order, in the demand for services giving rise to relevant expenditure, in the need for developing those services, in the extent to which those services have been developed or in the extent to which, having regard to general economic conditions, it is reasonable to develop those services.
An order made under subsection (1) above in respect of any year shall specify the actual (and not the estimated) aggregate amount of the resources element for that year.
If, in a case where the Secretary of State proposes to make an order under subsection (1) above in respect of any year, it appears to him that, apart from any provision made by virtue of this subsection, the effect of the order and of any other order under subsection (1) above which he considers likely to be made in respect of that year would be that the ratio between the actual aggregate amount of the resources element for that year and the aggregate amount of the needs element for that year would be significantly different from the ratio (in this subsection referred to as " the expected ratio ") between the estimated aggregate amount of the resources element for that year, as fixed by the relevant rate support grant order, and the aggregate amount of the needs element, as so fixed, he may in the order under subsection (1) above—
specify as the aggregate amount of the resources element for that year such amount as, in his estimation, will secure that (taking account of the effect of any further orders likely to be made under subsection (1) above in respect of that year) the ratio which the amount so specified will bear to the aggregate amount of the needs element for that year will be the expected ratio ; and
in order to secure that the total amount paid in respect of the resources element to local authorities entitled to payments in respect of that element does not exceed the amount specified as mentioned in paragraph (a) above, make provision for a corresponding variation in the amount payable to each such authority in respect of that element.
Except as provided by the preceding provisions of this section, an order under subsection (1) above in respect of any year shall not vary the amount of the elements of the rate support grants for that year but, subject thereto, any such order may, as respects the year to which it relates, vary any matters prescribed by the relevant rate support grant order other than—
the additional factors prescribed by that order for the purposes of paragraph 1 of Schedule 2 to this Act; and
any matter prescribed by that order in relation to the domestic element or the resources element.
In this section " relevant expenditure" has the same meaning as in section 1 above.
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If, in the case of any local authority or joint board, the appropriate Minister— he may, after affording to the local or constituent authority in question an opportunity of making representations, make and cause to be laid before Parliament a report stating the amount of and the reasons for the proposed reduction and setting out any representations made by the authority with respect to the proposed reduction; and if the report is approved by a resolution of the Commons House of Parliament the Secretary of State may reduce the elements of the grant accordingly.
is satisfied that the authority or board have failed to achieve or maintain a reasonable standard in the discharge of any of their functions, regard being had to the standards maintained by other authorities and boards, and
is of opinion that by reason of the failure a reduction should be made in the amount of any elements of rate support grant payable to the local authority or a constituent authority of the joint board,
The appropriate Minister may make regulations for prescribing standards and general requirements in relation to any function of a local authority; and in determining for the purposes of subsection (1) above whether there has been such a failure as is mentioned in that subsection, regard shall be had to any such regulations and any other standards or requirements imposed by or under any enactment.
Any regulations in force immediately before 1st April 1974 and— shall have effect on and after that date for the purposes of this section as if made under subsection (2) above.
made under subsection (2) of section 4 of the Local Government Act 1966 (which in the context of that Act corresponds to subsection (2) above), or
made under section 3(4) of the Local Government Act 1958 but, by virtue of subsection (3) of the said section 4, having effect for the purposes of that section as if made under subsection (2) thereof,
In this section " joint board " includes a joint committee which continues to exist by virtue of section 263(5) of the Local Government Act 1972.
For the year 1975-76 and each subsequent year the Secretary of State shall make, in accordance with the provisions of this section, supplementary grants (in this section referred to as " supplementary grants for transport purposes ") to county councils and the Greater London Council in respect of their estimated expenditure in connection with— and the matters specified in paragraphs (a) to (d) above are in this section referred to as " transport matters ".
public transport,
highways,
the regulation of traffic, and
the provision of parking places,
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To the extent that it would not otherwise be so included, there shall be treated for the purposes of this section as included in a council's estimated expenditure in connection with transport matters their estimated capital expenditure in connection with the provision by any person of facilities for or in connection with the loading or unloading of freight carried or intended to be carried otherwise than by road.
The aggregate amount of supplementary grants for transport purposes for any year shall be such as may be prescribed.
The proportion of the aggregate amount of supplementary grants for transport purposes payable for any year to a county council or the Greater London Council shall be determined, by such method as may be prescribed for the purposes of this section, by reference to the extent (if any) to which the accepted estimated expenditure of the council for the year in connection with transport matters exceeds a level of expenditure determined in such manner and by reference to such factors as may be prescribed for the purposes of this section.
For the purposes of subsection (4) above,— and in making a determination under paragraph (c) above, in relation to the estimated expenditure of a council, the Secretary of State shall have regard to the progress which appears to him to have been made by the council in formulating and implementing suitable policies to meet the needs of their area in connection with transport matters.
the Secretary of State may treat the estimated expenditure of the London borough councils and the Common Council of the City of London in connection with transport matters as forming part of the estimated expenditure in connection with those matters of the Greater London Council;
the Secretary of State may treat the estimated expenditure of a district council in connection with transport matters as forming part of the estimated expenditure in connection with those matters of the council of the county in which the district is situated; and
" accepted ", in relation to the estimated expenditure of a council, means so much of their estimated expenditure as the Secretary of State may determine to be appropriate to be taken into account for the purposes of this section;
Payments of supplementary grants for transport purposes shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.
The Secretary of State may by regulations make such supplementary provision as he considers appropriate in relation to any factor prescribed for the purposes of this section in accordance with subsection (4) above.
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.
For the year 1974-75 and each subsequent year the Secretary of State shall make, in accordance with the provisions of this section, supplementary grants to county councils in respect of their estimated expenditure in connection with National Parks.
The aggregate amount of supplementary grants under this section for any year shall be such as may be prescribed.
Supplementary grants under this section shall be payable only to county councils whose areas include the whole or any part of a National Park, and the proportion of the aggregate amount of supplementary grants under this section payable for any year to a county council shall be determined, by such method as may be prescribed for the purposes of this section, by reference to so much of the estimated expenditure of the council with respect to National Parks as the Secretary of State, after consultation with the Countryside Commission, may determine to be appropriate to be taken into account for the purposes of this section.
Payments of supplementary grants under this section shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.
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to any rating authority granting rebates under the statutory rate rebate scheme in that year a grant equal to 90 per cent. of the aggregate amount of the rebates so granted; and
to any rating authority granting rebates under a local rate rebate scheme in that year a grant equal to 90 per cent. of the aggregate amount of the rebates which, if that scheme had not been in force, would have been granted under the statutory rate rebate scheme during that year or, as the case may require, during the part of the year when the local rate rebate scheme was in force.
For the year 1974-75 and each subsequent year the Secretary of State shall pay to each local education authority a grant equal to 90 per cent. of the aggregate amount paid in that year by the authority—
in pursuance of awards bestowed under section 1(1) of the Education Act 1962 (for persons attending first degree university courses and comparable courses); and
by way of grants under section 2(3) of that Act (to or in respect of persons undergoing training as teachers).
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Payments of grants under subsection (1) or subsection (2) above shall be made at such times as the Secretary of State may, with the consent of the Treasury, determine.
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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.
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In accordance with arrangements approved by the Secretary of State and the Treasury, the Countryside Commission 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 Commission, is conducive to the attainment of any of the purposes of the Countryside Act 1968 or the National Parks and Access to the Countryside Act 1949.
On making a grant or loan under this section the Countryside Commission may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.
The exercise of the Countryside Commission's power under this section shall be subject to any directions given to the Commission by the Secretary of State.
The provisions of this section shall have effect in place of the provisions of section 5 of the Countryside Act 1968 (under which grants may be made only to persons other than public bodies and only in respect of projects approved by the Secretary of State).
The following bodies are local authorities for the purposes of this Part of this Act, namely,— ...
the council of a county,
the Greater London Council,
the council of a district,
the council of a London borough,
the Common Council of the City of London, and
the Council of the Isles of Scilly,
In this Part of this Act —
in relation to the Greater London Authority, means— the Mayor of London, the Deputy Mayor, or a member of the London Assembly;
“tribunal” includes the person constituting a tribunal consisting of one person.
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, and
" representative body " means a body designated under section 24 above,
" prescribed " means prescribed by a rate support grant order; and
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—
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for determining the manner in which any calculation or estimate is to be made for any of the purposes of those provisions:
for determining the authority or person by or to whom any information required for those purposes is to be given and the time at which and the form in which it is to be given ;
for providing that the calculations or estimates by reference to which any payments are made may be treated as either conclusive or provisional or conclusive for some purposes and provisional for other purposes and, in so far as they are treated as provisional, for the making of further calculations or estimates based on information not previously available and for adjusting, in the light thereof, any payment already made;
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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.
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.
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).
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.
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.
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.
A local rate rebate scheme shall be so framed as to secure that, in the estimate of the rating authority,—
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
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.
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.
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,— 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.
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
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,
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—
the total amount of the rate rebates allowed in that year under the local rate rebate scheme, and
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.
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—
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
their reasons for believing that no change is necessary in the local rate rebate scheme in order to secure that result.
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—
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
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.
Subject to subsections (2) and (3) below, the following persons are residential occupiers for the purposes of this Part of this Act, namely,—
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;
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;
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.
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.
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.
In subsection (1) above,—
" 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
" 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.
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.
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.
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,— 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.
the residential occupier is entitled to a rebate from those rates under the statutory rate rebate scheme or a local rate rebate scheme, and
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),
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 ".
In section 17 of the principal Act (rating of unoccupied property in accordance with Schedule 1 to that Act) in subsection (2)— shall cease to have effect.
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
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,
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 ".
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 ".
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.
After paragraph 3 of Schedule 1 to the principal Act there shall be inserted the following paragraph:—
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.
The following sections shall be inserted after section 17 of the principal Act:—
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,—
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
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.
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,—
any item or part of an item which is moved or rotated by motive power as part of a process of manufacture;
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;
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 ".
Section 22 of the principal Act (determination of certain questions as to plant and machinery) shall cease to have effect.
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.
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.
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.
An order under this section may repeal or amend any provision of— 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.
sections 31 to 34 of and Schedules 4 to 7 to the principal Act,
section 52 of the Post Office Act 1969, and
any other provision of the principal Act so far as that provision relates to the valuation of hereditaments to which the order relates,
No order under this section shall have effect unless approved by a resolution of each House of Parliament.
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— and, accordingly, references in the following provisions of this section to structural alterations do not include alterations falling within paragraph (a) above.
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
if the proposal would be for an increase not exceeding such an amount as the Secretary of State may by order specify,
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— then, notwithstanding the said section 72(1), no alteration shall be made to the gross value ascribed to the hereditament in the valuation list.
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
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,
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.
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.
In any case where,— 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.
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
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,
An order under subsection (1)(b) above shall be of no effect unless it is approved by a resolution of each House of Parliament.
In this Part of this Act—
" person aggrieved " means the person who claims or is alleged to have sustained any such injustice as is mentioned in section 26(1) above,
" person affected ”—
" the statutory rate rebate scheme" has the meaning assigned to it by section 11 above.
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.
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.
For the purpose of conducting investigations in accordance with this Part and Part 3A of this Act, there shall be— but the Commission may include persons appointed to act as advisers, not exceeding the number appointed to conduct investigations.
a body of commissioners to be known as the Commission for Local Administration in England, and
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The Parliamentary Commissioner shall be a member of the Commission .
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 .
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Appointments to the office of . . . Commissioner shall be made by Her Majesty on the recommendation of the Secretary of State ....
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.
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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....
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 ....
Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.
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A Commissioner must be appointed for a period of not more than 7 years.
The Commission —
shall make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (8A) ..., and
shall publish information about the procedures for making complaints under this Part of this Act.
A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.
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.
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.
A person appointed to be a Commissioner is not eligible for re-appointment.
Schedule 4 to this Act shall have effect as respectss the Commission .
The Commission must—
divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and
allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
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.
The representative persons and authorities concerned are—
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
for the purposes of subsection (12A) above, such of those persons and authorities as the Commission think appropriate.
The Secretary of State shall by order designate bodies to be called respectively "the representative body for England " and " the representative body for Wales ".
The said representative bodies shall be bodies appearing to the Secretary of State to represent authorities in England to which this Part of this Act applies, or as the case may be such authorities in Wales.
An order made under subsection (1) above may be varied or revoked by a subsequent order so made, and shall be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
For the year ending on 31st March 1975, and for each subsequent financial year, each of the Commissions shall prepare a general report on the discharge of their functions and shall submit it to the appropriate representative body.
The 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 each Commission shall submit copies of those reports, together with their own report.
Each representative body shall arrange for the publication of the reports submitted to them under the preceding provisions of this section.
In transmitting to local authorities recommendations or conclusions conveyed by either of the Commissions (in accordance with section 23(12) above) the representative body concerned may make such comments on those recommendations or conclusions as they think appropriate.
Where, in accordance with subsection (6) above, a representative body arrange for the publication of a report submitted to them under subsection (4) above, they may also arrange for the report to be published with an annex containing such comments on the report as they think appropriate.
Without prejudice to the generality of subsection (8) above, comments made by a representative body by virtue of that subsection may relate to particular classes of authorities to which this Part of this Act applies.
Where the Commission for Local Administration in Wales consist of only one Local Commissioner, section 23(11) above and subsection (5) above shall have effect with the necessary modifications.
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—
to such persons as appear 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, to those authorities.
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 .
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.
The Commission must lay a copy of the annual report before Parliament.
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This Part of this Act applies to the following authorities—
any local authority,
any joint board the constituent authorities of which are all local authorities,
the Greater London Authority;
any joint authority established by Part IV of the Local Government Act 1985;
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in relation to the flood defence functions of the Environment Agency, within the meaning of the Water Resources Act 1991, the Environment Agency and any Regional Flood and Coastal Committee ... ; ;and
a National Park authority for a National Park in England;
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any development corporation established for the purposes of a new town,
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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,
a Mayoral development corporation,
any housing action trust established under Part III of the Housing Act 1988 for a designated area in England
the Homes and Communities Agency;
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;
a fire and rescue authority created by an order under section 4A of that Act;
the London Fire Commissioner;
any police and crime commissioner;
the Mayor's Office for Policing and Crime;
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Transport for London; and
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any economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
any combined authority established under section 103 of that Act;
any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
the London Transport Users’ Committee.
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.
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.
Any reference to an authority to which this Part of this Act applies includes a reference— and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.
to the members and officers of that authority, and
to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),
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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.
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—
the London Assembly;
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Any reference to an authority to which this Part of this Act applies also includes a reference to—
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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 ,
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
an exclusion review panel constituted by the authority in accordance with regulations under section 51A of the Education Act 2002.
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.
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—
on behalf of the authority, and
in the exercise of the authority's function.
Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.
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—
alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;
an alleged or apparent failure in a service which it was the authority's function to provide;
an alleged or apparent failure to provide such a service.
an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;
an alleged or apparent failure to provide a service in pursuance of such arrangements.
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it is made in writing to a member of the authority, or of any other authority concerned, specifying the action alleged to constitute maladministration, and
it is referred to the Local Commissioner, with the consent of the person aggrieved, or of a person acting on his behalf, by that member, or by any other person who is a member of any authority concerned, with a request to investigate the complaint.
Subsection (1) is subject to the following provisions of this section.
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Before proceeding to investigate a matter, a Local Commissioner shall satisfy himself that
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
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.
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,— 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.
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;
any action in respect of which the person affected has or had a right of appeal to a Minister of the Crown ...; or
any action in respect of which the person affected has or had a remedy by way of proceedings in any court of law:
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—
where the matter relates to a National Park authority, the area of the Park for which it is such an authority;
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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;
in any other case, the area of the authority concerned.
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 unless—
the investigation is in respect of action described in paragraph 5A or 5B of that Schedule, and
the person affected is not an individual of a description whom a scheme approved under Schedule 2 to the Housing Act 1996 (investigation of social housing complaints by housing ombudsman) provides may make a complaint under that scheme in respect of that action.
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.
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.
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In this section—
references to a person affected include references to his personal representatives; and
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Under this Part of this Act, a Local Commissioner may investigate a matter—
which relates to action taken by or on behalf of an authority to which this Part of this Act applies,
which is subject to investigation under this Part of this Act by virtue of section 26, and
in relation to which subsection (2), (3) or (5) is satisfied.
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.
This subsection is satisfied if, in relation to the matter—
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
the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.
Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.
This subsection is satisfied if—
the matter has come to the attention of a Local Commissioner, and
section 26D applies to the matter.
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.
Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide— if he is satisfied with action which the authority concerned have taken or propose to take.
not to investigate a matter, or
to discontinue an investigation of a matter,
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 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;
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 .
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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 .
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, as well as adopting different procedure for different cases, adopt different procedure for cases of different descriptions; and
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.
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— ...
sums in respect of the expenses properly incurred by them;
allowances by way of compensation for the loss of their time,
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.
The differential procedure authorised by subsection (2)(a) includes (in particular) procedure for cases of a particular description that is expected to be faster than that for at least some other cases.
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.
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.
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.
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.
Nothing in subsection (1) or subsection (3) above affects the restriction imposed by section 34X of the Public Services Ombudsman (Wales) Act 2005.
the restriction, imposed by section 11(2) of the Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers; or
the restriction, imposed by that section (as applied by section 36 of the National Health Service Reorganisation Act 1973), on the disclosure of information by the Health Service Commissioner for England or the Health Service Commissioner for Wales, or by their officers.
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 ....
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.
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.
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.
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.
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.
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.
Under this Part of this Act, a complaint about a matter may only be made—
by a member of the public who claims to have sustained injustice in consequence of the matter,
by a person authorised in writing by such a member of the public to act on his behalf, or
in accordance with subsection (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—
by his personal representative (if any), or
by a person who appears to a Local Commissioner to be suitable to represent him.
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)).
to the person, if any, who referred (the complaint to the Local Commissioner in accordance with section 26(2) above, and
to the complainant, and
to the authority concerned, and to any other authority or person who is alleged in the complaint to have taken or authorised the action complained of.
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.
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).
Apart from identifying the authority or authorities concerned, the report shall not, ...— 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.
mention the name of any person, or
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,
If, after the investigation of a matter is completed, the Local Commissioner decides— he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
that he is satisfied with action which the authority concerned have taken or propose to take, and
that it is not appropriate to prepare and send a copy of a report under subsection (1),
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.
If a Local Commissioner decides— he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
not to investigate a matter, or
to discontinue an investigation of a matter,
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.
For the purposes of subsections (1) to (1C), the persons concerned are—
the complainant (if any),
any person who referred the matter under section 26C(2),
the authority concerned, and
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.
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.
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.
If the authority concerned is the Greater London Authority—
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
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.
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.
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Subsections (3) to (8) apply in the case of a report under subsection (1).
Nothing in subsection (3) above prevents a report— the Mayor of London or any member of the London Assembly.
mentioning the name of, or
containing particulars likely to identify,
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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.
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.
Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—
in writing, and
before the end of the permitted period.
In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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, or
if earlier, the day on which the complainant first had notice of the matter.
A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
This section applies where a Local Commissioner reports that there has been—
maladministration in connection with the exercise of the authority's administrative functions,
a failure in a service which it was the function of an authority to provide, or
a failure to provide such a service.
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.
does not receive any such notification within a reasonable time; or
is not satisfied with the action which the authority concerned have taken; or
does not within a reasonable time receive confirmation from the authority concerned that they have taken action, as proposed, to the satisfaction of the Local Commissioner,
If the Local Commissioner— he shall make a further report setting out those facts and making recommendations.
does not receive the notification required by subsection (2) above within the period allowed by or under that subsection, or
is not satisfied with the action which the authority concerned have taken or propose to take, or
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,
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—
to remedy any injustice sustained by the person affected in consequence of the maladministration, and
to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.
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—
to remedy any injustice sustained by the person affected in consequence of the failure, and
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.
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.
If 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.
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
is not satisfied with the action which the authority concerned have taken or propose to take, or
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,
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—
details of any action recommended by the Local Commissioner in his further report which the authority have not taken;
such supporting material as the Local Commissioner may require; and
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.
The requirements for the publication of the statement are that—
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
publication in the first such edition shall be arranged for the earliest practicable date.
If the authority concerned— 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.
fail to arrange for the publication of the statement in accordance with subsections (2E) and (2F) above, or
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 authority concerned shall reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing his duty under subsection (2G) above.
In any case where— the authority may incur such expenditure as appears to them to be appropriate in making such a payment or providing such a benefit.
a report is laid before an authority under subsection (2) or (2C) above, and
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,
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.
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.
If the complainant consents, the complaint may be referred to a Local Commissioner by—
the member of the authority to whom the complaint was made,
any other member of that authority, or
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.
Subject to subsection (4), a referral under this section must be made in writing.
A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.
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.
In this section, references to a member of an authority include—
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;
in relation to a joint board, a member of any of the constituent authorities of the joint board;
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.
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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;
in relation to a combined authority established under section 103 of that Act, a member of a constituent council of the authority.
in relation to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a member of a constituent council of the authority;
For the purposes of subsection (6)(e)—
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;
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.
For the purposes of subsection (6)(f)—
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;
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.
For the purposes of subsection (6)(g)—
a county council is a constituent council of a combined county authority if the area of the county council, or part of that area, is within the area of the combined county authority;
a district council is a constituent council of a combined county authority if the area of the district council is within the area of the combined county authority.
For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say—
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;
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;
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;
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;
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.
the publication of any matter by inclusion in a statement published in accordance with section 31(2D), (2E) and (2F) or (2G) above.
the publication of any matter by inclusion in a report, statement or summary published or supplied under section 31B.
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— 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.
for the purposes of the investigation and of any report, statement or summary under section 30, 31 or 31B above; or
for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1939 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part of this Act, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of Local Commissioner or for an offence of perjury alleged to have been committed in the course of an investigation under this Part of this Act or for the purposes of an inquiry with a view to the taking of such proceedings, or
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
for the purpose of any proceedings under section 29(9) above,
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or
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.
Nothing in subsection (3) above shall affect the obligations imposed by subsections (3) and (4) of section 29 above.
A notice under subsection (3) above may not be given electronically.
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.
Section 25(4), (4A) and (5) do not apply for the purpose of subsection (3).
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.
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.
This section applies to a matter which has come to the attention of a Local Commissioner if—
the matter came to his attention during the course of an investigation under this Part or Part 3A of this Act,
(subject to subsection (3)) the matter came to his attention—
before the person affected or his personal representatives had notice of the matter, or
in any other case, before the end of the permitted period, and
it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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.
A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967,
by the Health Service Commissioner for England ..., in accordance with the Act of 1993, or
...
by a housing ombudsman under the Housing Act 1996,
by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;
by the Scottish Public Services Ombudsman in accordance with the Act of 2002,
Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner, a housing ombudsman, the Public Services Ombudsman for Wales , the Scottish Public Services Ombudsman or the Health Service Commissioner for England in relation to a matter under investigation under this Part of this Act , he may consult that Commissioner or that Ombudsman about anything relating to the matter , including—
the conduct of any investigation into the matter , and
the form, content and publication of any report of the results of such an investigation.
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.
the Act of 1967, or
Part III of the Act of 1973,
Where, by virtue of subsection (3) or (3A) above, a Local Commissioner is consulted about a complaint under the Act of 1967 or under the Housing Act 1996 . . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.
If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.
Nothing in section 11(2) of the Act of 1967, ... in section 15 of the Act of 1993, in section 34X of the Public Services Ombudsman (Wales) Act 2005 , in section 19 of the Act of 2002 or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information . . . in the course of consultations held in accordance with this section.
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
In this Part of this Act, unless the context otherwise requires—
“mayor and cabinet executive” has the same meaning as in Part II of the Local Government Act 2000;
" Parliamentary Commissioner " means the Parliamentary Commissioner for Administration;
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“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
" tribunal " includes the person constituting a tribunal consisting of one person.
“Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,
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.
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).
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.
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— consideration of the report shall be referred to that authority.
no action should be taken on the report, or
the action recommended in the report should not be taken,
For the purposes of subsection (1A)—
“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
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)).
Subsection (1A) has effect subject to subsection (3).
The restriction imposed by subsection (1A) above does not apply where the report recommends action to be taken by— and the report is considered by that committee , authority or panel.
a joint committee established under section 101 of the Local Government Act 1972,
an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,
a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or
an admission appeal panel or exclusion review panel mentioned in section 25(5)(c) or (e),
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.
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.
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... 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.
A Local Commissioner may— 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.
publish all or part of a report or statement under section 30,
publish all or part of a report under section 31,
arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or
publish a summary of a matter which is the subject of a report or statement under section 30 or 31,
A Local Commissioner may—
supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and
charge a reasonable fee for doing so.
Subsection (3) of section 30 applies to— that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.
any part of a statement under section 30, and
any part of a summary of a matter,
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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 — he may, subject to subsection (2) below, conduct an investigation under this Part of this Act jointly with that Commissioner or those Commissioners. jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen.
the Parliamentary Commissioner,
the Health Service Commissioner for England, or
both a housing ombudsman,
In subsection (1) “also-involved ombudsman” means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner’s investigation.
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.
If a Local Commissioner forms the opinion that a complaint which is being investigated by— relates partly to a matter within his jurisdiction by virtue of this Part, he may conduct an investigation under this Part of this Act jointly with that Commissioner or those Commissioners. jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons.
the Parliamentary Commissioner,
the Health Service Commissioner, or
both a housing ombudsman,
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.
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.
Arrangements involving the Commission may be entered into by persons within subsection (4) for the provision of administrative, professional or technical services by any one or more of the parties for any one or more of the parties, whether for consideration or otherwise.
For the purposes of subsection (1), arrangements for the provision of services involve the Commission if the Commission is one of the parties to the arrangements and at least one of the following conditions is met—
the Commission is the party, or one of the parties, by whom the services are to be provided;
the Commission is the party, or one of the parties, to whom the services are to be provided.
The arrangements that may be entered into under subsection (1) include arrangements for— to have the function of discharging, on behalf of a party, any function of that party which is of an administrative, professional or technical nature.
the Commission, or
the Commission jointly with any one or more of the parties,
The persons within this subsection are—
the Commission,
the Parliamentary Commissioner,
the Health Service Commissioner for England, and
the person administering a scheme approved under Schedule 2 to the Housing Act 1996 (scheme for enabling complaints to be investigated by a housing ombudsman).
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 matter in respect of which the Information Commissioner could exercise any power conferred by—
sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
Part IV of that Act (enforcement), or
the commission of an offence under—
a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or
section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).
Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.
Subsection (2) applies if—
a decision that relates to an event in England is taken by or on behalf of an authority to which Part 3 of this Act applies,
the decision is taken in connection with the exercise of the authority's administrative functions, and
for a reason related to the health or safety of any person, or for reasons that include such a reason, the decision has effect to—
stop the holding of the event,
impose restrictions on the holding of the event,
impose conditions to be met in connection with the holding of the event, or
do all, or any two, of those things.
The authority must ensure that written notification of the decision is given (electronically or otherwise) to—
the person who made the application or other request to which the decision is a response, or
a person who appears to the authority to be an organiser of the event if the decision is made otherwise than on a request.
Written notification given for the purposes of subsection (2)—
must be given on the day the decision is taken or, if it is not reasonably practicable to give the notification on that day, must be given on the first working day after that day,
must, if the decision has the effect mentioned in subsection (1)(c)(i), give details of the decision's effect,
must, if the decision has the effect mentioned in subsection (1)(c)(ii) or (iii), give details of the restrictions or conditions,
must include the reasons for the decision so far as it has any of the effects mentioned in subsection (1)(c)(i) to (iii), and
may be a notification that is given also for other purposes.
Subsection (5) applies if—
for the purposes of subsection (2) an authority gives a person notification of a decision, and
the person, or some other person who is an organiser of the event, asks the authority to review the decision.
The authority must ensure—
that a review of the decision is completed—
as soon as is reasonably practicable after the authority receives the request for the review, and
in any event, by the end of 15 days beginning with the day on which the authority receives the request, and
that the person who asked for the review is given (electronically or otherwise) written notification of the decision made on the review, including the reasons for the decision, as soon as is reasonably practicable after the decision is made.
On a review under subsection (5) of a decision, the decision is to be—
confirmed,
withdrawn,
replaced by any other decision that could have been taken in the first instance, or
varied (but only if the decision as varied is one that could have been taken in the first instance).
If a person has rights to appeal against or otherwise challenge a decision reviewed under subsection (5), the person has the corresponding rights to challenge the decision made on the review.
In this section “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
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.
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.
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.
An order made under this section—
may be revoked or varied by a further order so made, and
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.
A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
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.
In any case where a local authority— 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.
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
by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,
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.
In this section “local authority” has the same meaning as in section 35 above.
Section 43 of the Housing (Financial Provisions) Act 1958 (power of local authorities to make advances for certain housing purposes) shall be amended in accordance with the provisions of this section.
At the end of paragraph (d) of subsection (1) there shall be added the words or.
After subsection (2) there shall be inserted the following subsection:—
and for the payment of instalments of interest throughout the period beginning on the date of the advance and ending when the whole of the principal is repaid
At the end of the section there shall be added the following subsection:—.
On the coming into operation of this section, no further advances shall be made by local authorities in England and Wales under section 74 of the Housing Act 1969 or section 41 of the Land Compensation Act 1973.
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 :—
On and after 1st April 1975, a highway or proposed highway which, immediately before that date, is classified under section 27(2) of the Local Government Act 1966 as a principal road for the purposes of section 235 of the Highways Act 1959, so far as that section relates to the making of advances to local highway authorities, shall cease to be so classified for the purposes of the said section 235 but, except in so far as the Secretary of State otherwise directs, shall continue to be treated as a principal road or a classified road for the purposes of any enactment or instrument (whether passed or made before or after the passing of this Act) which refers to roads or highways classified under any enactment as principal roads (whether for the purposes of advances under the said section 235 or otherwise) or, as the case may be, to roads or highways classified by the Secretary of State.
The Secretary of State may by order made by statutory instrument assign some other description to the highways which, whether by virtue of subsection (1) above or otherwise, are for the time being treated as principal roads for the purposes of any enactment or instrument.
If an order is made under subsection (2) above then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made shall be construed as a reference to a highway of the description specified in the order.
Nothing in subsection (2) above shall affect the power of the Secretary of State under section 27(2) of the Local Government Act 1966 to classify particular highways or proposed highways in such manner as he may determine after consultation with the highway authorities concerned.
In this section "highway" and "proposed highway" have the same meanings as in the Highways Act 1959.
There shall be defrayed out of money provided by Parliament—
any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
The enactments specified in Schedule 8 to this Act are here by repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Local Government Act 1974.
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.
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.
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.
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall not extend to Scotland or to Northern Ireland.
Sections 1, 6 and 8.
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.
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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).
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—
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
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.
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—
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
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.
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.
Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State— 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.
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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
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),
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.
In any case where it appears to the Secretary of State— 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. In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.
In any case where it appears to the Secretary of State— 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. 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— 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. 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 . . .
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section 97 of the National Parks and Access to the Countryside Act 1949 (grants to local authorities in respect of expenditure on National Parks and areas of outstanding natural beauty) except in so far as that section provides for grants in respect of expenditure incurred in the exercise of powers under section 89(2) of that Act (derelict land) or of powers of acquiring land, whether by agreement or compulsorily, for the purpose of functions under that section ;
section 98 of that Act (grants to local authorities in respect of expenditure on long-distance routes);
section 9 of the Rating Act 1966 (grants to rating authorities in respect of rebates afforded by them under existing rate rebate schemes);
section 8 or section 10 of the Local Government Act 1966 (grants to local authorities in respect of expenditure on public open spaces and port health and airport health functions); or
section 33, section 34 or section 35 of the Countryside Act 1968 (grants to local authorities and other bodies in respect of expenditure on country parks, including the Lee Valley Regional Park, and the countryside).
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. 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. 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. No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.
Section 2.
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an amount arrived at by multiplying a prescribed sum by the population of the authority's area ; and
additional amounts determined in such manner as may be prescribed and attributable to such additional factors as may be prescribed for that year.
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the population of a local authority's area; and
the application or operation of any additional prescribed factor in relation to a local authority.
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Any water hereditament, within the meaning of section 31 of the principal Act.
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.
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.
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.
Any hereditament occupied by the Post Office by any such property as follows, namely—
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
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.
Any hereditament occupied by the National Coal Board.
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. 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. 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
Any hereditament occupied by the persons carrying on, under authority conferred by or under any enactment, a dock or harbour undertaking.
Any hereditament occupied by the persons carrying on an undertaking for the diffusion by wire of sound or television programmes.
Section 23.
A person shall be disqualified for being appointed as, or for being, a Local Commissioner if— 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 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. In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.
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A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—
while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—
matters relating to the authority, or
matters of a description which may include matters relating to the authority, and
for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).
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. 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. 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.
The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions. The Commission shall make arrangements to enable Local Commissioners to investigate matters , and in particular arrangements for— An officer of the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission may determine their own procedure, including the quorum necessary for their meetings. 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. 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.
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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. A determination under sub-paragraph (1) must be approved by the Treasury.
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Any function of a Commissioner may be discharged on the Commissioner's behalf— Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function. Any function of the Commission may be discharged on the Commission's behalf— Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.
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Section 26.
The commencement or conduct of civil or criminal proceedings before any court of law.
Action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime.
Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— Sub-paragraph (1) does not include transactions for or relating to— 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. Sub-paragraph (1)(e) does not include transactions relating to—
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
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Action which—
is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and
is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008).
In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).
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 —
action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or
action in connection with functions in relation to anything other than housing.
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.
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.
Section 35. Enactment relating to local authority function Amendment 1. Section 94 of the Public Health Act Amendment Act 1907 (power of local authorities to licence pleasure boats and boatmen). In subsection (1), for the words from “annual fees” to the end of the subsection there shall be substituted the words “for each type of licence such annual fee as appears to them to be appropriate”. 2.—(1) Section 1 of the Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals). 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 : “(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”. (2) Section 5(3) of that Act (expenses of local authorities, etc.). The words from “and the fee for registration” to the end shall be omitted. 3. . . . . . . 4. Section 3 of the Civic Restaurants Act 1947 (financial provisions). In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from “and the form of the account” to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from “and if the account” to the end of the subsection shall be omitted. 5. . . . . . . 6.—(1) Section 64 of the National Parks and Access to the Countryside Act 1949 (power of local planning authority to male access agreements with landowners in theri area). In subsection (1) the words “with the approval of the Minister” shall be omitted. (2) Section 65 of that Act (power of local planning authorities to make access orders). Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted. (3) Section 104 of that Act (general provisions as to appropriation and disposal of land). Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted. (4) Section 105 of that Act (default powers of Secretary of State). The section shall cease to have effect. 7. . . . . . . 8. Section 1 of the Pet Animals Act 1951 (licensing of pet shops by local authorities). In subsection (2), as originally enacted, the words “not exceeding ten shillings” shall be omitted. 9. . . . . . . 10. Section 6 of the Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft). 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 ”. 11. . . . . . . Subsection (3) (advertisement of local authority’s intention to apply for Minister’s approval) shall be omitted. 12. . . . . . . 13. Schedule 2 to the Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons). In paragraph 3, sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words “Provided that where” there shall be substituted the words “unless the council are satisfied that” and the words from “the Minister” to the end of the sub-paragraph shall be omitted. 14. Section 2 of the Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area). Subsections (2) and (3) (consent of the Secretary of State required for local authorities to develop land) shall be omitted. 15. . . . . . . 16. Schedule 12 to the London Government Act 1963 (licensing of public entertainments in Greater London). In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainment to be such as the Greater London Council may fix. within specified limits) the words from “not exceeding” to the end of the paragraph shall be omitted. 17. Section 1 of the Animal Boarding Establishments Act 1963 (licensing by local authorites of boarding establishments for animals). In subsection (2), as orignally enacted, the words “not exceeding ten shillings” shall be omitted. 18. Section 1 of the Riding Establishments Act 1964 (licensing of riding establishments by local authorities). In subsection (2), for the words from “and on payment” to “grant” there shall be substituted the words “grant, on payment of such fee as may be determined by the local authority”. 19.—(1) Section 5 of the Plant Health Act 1967 (execution of Act by local authorities). In subsection (2) (local authorites to keep certain records in such manner and form as competent authority may direct), the words from “in such manner” to “direct” shall be omitted. (2) Section 6 of that Act (publication of orders). In subsection (3) (local authoritites to publish orders in such manner and form as competent authority directs) the words from “in such manner as the competent authority directs” to “such direction” shall be omitted. 20. . . . . . . 21. . . . . . . 22.—(1) Section 10 of the Transport Act Act 1968 (general powers of the Passengers Transport Executive). In subsection (1)(xvi) (power with Passenger Transport Authority’s approval and Secretary of State’s consent, to make arrangements for transfer of part of the Executive’s undertaking of property to persons who have agreed to carry on any of the Executive’s activities) the words “and the consent of the Minister” shall be omitted. (2)Section 11 of that Act (financial duty of Executive). Subsection (4) (Executive to submit to Secretary of State statement of Executive’s proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted. (3) Section 12 of that Act (borrowing powers of Executive). In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State’s consent, to borrow money for that purpose) the words “with the consent of the Minister” shall be omitted. (4) Section 13 of that Act (power fot Authority to precept for Executive). Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted. (5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities). In subsection (2), in paragraph (c), the final word “and” and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State’s powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted. (6) Section 18 of that Act (planning of passenger transport services in designated areas). In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted. (7) . . . . . . (8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas). In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted. (9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages). In subsection (2), the words “subject to subsection (3) of this section” and subsections (3) to (8) (control of Secretary of State over exercise of local authorities’ powers) shall be omitted. (10) Section 37 of that Act (power of local authorities, with the Secretary of State’s consent, to acquire or dispose of public service vehicle undertakings). In subsection (1), the words from “with the consent” to “Secretary of State” and subsection (2) (terms on which consent may be given) shall be omitted. (11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions). Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted. (12) Part III of Schedule 5 to that Act (matters which may be dealt with an order designating a passenger transport area). Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted. 23. . . . . . . 24.... . . . . . . . . . 25. . . . . . . 26.—(1) Section 18 of the Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses). In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words “with the approval of the Minister” shall be omitted and subsections (3) to (5) (advertisement of local authority’s intention to apply for Minister’s approval and provisions as to public inquiries) shall be omitted. (2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence). For the words from “a fee”, in the first place where they occur, to “5p” there shall be substituted the words “such fees as appear to them to be appropriate for the grant and”.
Section 42.
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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 ".
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 ". 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 ".
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.
Section 52 of that Act shall cease to have effect.
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 ".
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 ".
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:—.
Schedule 11 to that Act shall cease to have effect.
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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 :—.
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Section 42. Chapter Short Title Extent of Repeal 15 & 16 Geo. 5. c. 38. The Performing Animals (Regulation) Act 1925. In section 1, in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, and in subsection (7) the words “subject to payment of the prescribed fee”. In section 5, in subsection (3) the words from “and the fee for registration” to the end of the subsection. 26 Geo. 5. & 1 Edw. 8. c. 49. The Public Health Act 1936. Section 292. 10 & 11 Geo. 6. c. 22. The Civic Restaurants Act 1947. In section 3, in subsection (1) the words from “and the form of the account” to the end of the subsection, and in subsection (2) the words from “and if the account” to the end of the subsection. 11 & 12 Geo. 6. c. 26. The Local Government Act 1948. Section 138(2). 12, 13 & 14 Geo. 6. c. 55. The Prevention of Damage by Pests Act 1949. In section 7(2) the words “two hundred and ninety-two” and the words “for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act”. 12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. In section 64(1) the words “with the approval of the Minister”. Section 65(6). In section 97, in subsection (1), paragraphs (a) and (b), and in paragraph (c) the words from “and under” to the end of the paragraph, and subsections (6) and (7). Section 98. In section 104, subsections (7) and (8). Section 105. 14 Geo. 6. c. 36. The Diseases of Animals Act 1950. In section 43 the words “with the sanction of the Minister”. Section 61(7). 14 & 15 Geo. 6. c. 35. The Pet Animals Act 1951. In section 1(2), as originally enacted, the words “not exceeding ten shillings”. 14 & 15 Geo. 6. c. 60. The Mineral Workings Act 1951. In section 19, in subsection (2) the words from “but the local authority” to the end of the subsection, and subsection (4). 2 & 3 Eliz. 2. c. 68. The Pests Act 1954. In section 6 the words from the beginning to “may authorise”. 4 & 5 Eliz. 2. c. 16. The Food and Drugs Act 1955. In section 80, in subsection (1) the words “with approval of the Minister”, and subsection (3). 7 & 8 Eliz. 2. c. 25. The Highways Act 1959. In section 124, in subsection (2), and in subsection (3) the words from “or, in a case where” to “so extended” and the words from “or, if an appeal” to the end of the subsection. In section 174(2)(b) the words from “which may include” to “and notices”. 8 & 9 Eliz. 2. c. 62. The Caravan Sites and Control of Development Act 1960. In Schedule 2, in paragraph 3, in sub-paragraph (1) the words from “the Minister” to the end of the sub-paragraph. 1963 c. 29. The Local Authorities (Land) Act 1963. In section 2, subsections (2) and (3). 1963 c. 31. The Weights and Measures Act 1963. In section 4(2) the words “and approved for the purpose by the Board”. In section 5(3) the words “and approved for the purpose of the Board”. In section 44(1) the words “with the consent of the Board”. 1963 c. 33. The London Government Act 1963. In Schedule 12, in each of paragraphs 3 and 6, the words from “not exceeding” to the end of the paragraph. 1963 c. 43. The Animal Boarding Establishments Act 1963. In section 1(2), as originally enacted, the words “not exceeding ten shillings”. 1966 c. 9. The Rating Act 1966. Section 9. Section 12(a). 1966 c. 42. The Local Government Act 1966. Sections 1 to 5. Section 8. Section 10. In section 27(2) the words from “all or any” to “authorites, and”. Schedule 1. In Schedule 3, in Part II, in column 1 the entries numbered 11, 14, 16, 21, 24, 25, 26 and 28. 1967 c. 8. The Plant Health Act 1967. In section 5(2) the words from “in such manner” to “direct”. 1967 c. 8—cont. The Plant Health Act 1967—cont. In section 6(3) the words from “in such manner as the competent authority directs” to “such direction”. 1967 c. 9. The General Rate Act 1967. In section 17(2), in paragraph (a) the words from “not being earlier” to the end of the paragraph, and in paragraph (b) the words from “not being earlier” to the end of the paragraph. In section 21(7) the words “or in section 22 of this Act”. Section 22. Section 35. Section 49. In section 51(1) the words “not exceeding two-and-a-half per cent”. Section 52. In section 115, in subsection (1) the definitions of “rebate application” and “rebate period”, and subsection (3)(b). Schedules 9 and 11. 1967 c. 76. The Road Traffic Regulation Act 1967. In section 29, in subsection (1) the words from “exercisable” to “approved by him”, and subsection (2). In section 31, in subsection (2) the words from “and, where an order provides” to the end of the subsection. In section 37, in subsection (5) the words “in the prescribed manner” and the words from “and in this” onwards. In section 44, in subsection (2) in the proviso the words from “but shall not be carried forward” to the end of the proviso, and in subsection (3)(c) the words “with the consent of the appropriate Minister”. In section 46(2) the words “with the consent of the Minister of Housing and Local Government”. In section 72(6)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. In section 84B(8)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. 1968 c. 41. The Countryside Act 1968. In section 2(9) the words “this Act or”. Section 5. Sections 33 to 35. In section 36, in subsection (1) the words from “under this Act” to “making of grants”, and in subsection (8) the words from “and subsections (2)” onwards. 1968 c. 46. The Health Services and Public Health Act 1968. In section 12(5) the words “with the approval of the Minister”. In section 13(2), the words “with the approval of the Minister”. 1968 c. 73. The Transport Act 1968. In section 10(1)(xvi) the words “and the consent of the Minister”. In section 11, subsections (4) and (5). In section 12(4) the words “with the consent of the Minister”. In section 13, subsections (4) and (7). In section 15, in subsection (4) the words from “to the provisions” to the end of the subsection. In section 16, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5). In section 18, in each of subsections (1) and (2), the words “to the Minister and”. Section 21(5)(a). In section 34, subsections (2) and (3). In section 36, in subsection (2) the words “subject to subsection (3) of this section” and subsections (3) to (8). In section 37, in subsection (1) the words from “with the consent” to “Secretary of State”, and subsection (2). In section 138, subsections (6) to (8) and (9)(a). In Schedule 5, in Part III paragraph 14. In Schedule 14, in Part IV paragraph 10. 1969 c. 10. The Mines and Quarries (Tips) Act 1969. In section 23(1), paragraph (c) except the final word “and”. 1969 c. 33. The Housing Act 1969. Section 74. 1969 c. 35. The Transport (London) Act 1969. In section 3, in subsection (1) the words from “but any expenditure” to the end of the subsection. In section 7, in subsection (5) and in subsection (6), in pargaraph (a) the final word “and” and paragraphs (b) and (c). In section 12, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5). In section 23(6), paragraph (b) and the word “and” immediately preceding it. In section 29(1)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”. 1969 c. 53. The Late Night Refreshment Houses Act 1969. In section 3, subsections (2) and (3). Section 12. 1970 c. 21. The New Forest Act 1970. Section 4. 1970 c. 32. The Riding Establishment Act 1970. In section 2(1), paragraph (i). 1971 c. 41. The Highways Act 1971. In section 1(6)(a)(i) the words “for the purposes of advances under section 235 of the principal Act”. 1971 c. 78. The Town and Country Planning Act 1971. In section 28(1) the word “either”, paragraph (b) and the word “or” immediately preceding it. In section 31, subsections (2) and (3). In section 46, in subsection (1) paragraph (b) and the word “and” immediately preceding it, and in subsection (3) the words from “and the notice” to the end of the subsection. In section 65(1) the words “then, given to any directions given by the Secretary of State”. In section 87(1) the words “any directions given by the Secretary of State and to”. In section 91(4), paragraph (c) except the final word “and”. 1971 c. 78—cont. The Town and Country Planning Act 1971—cont. In section 96(1) the words “then, subject to any directions given by the Secretary of State”. In section 100(1) the words from “give directions” to “or may”. In section 117, in subsection (1) the words “an application for” and the words from “and the Secretary of State” to the end of the subsection, and in subsection (5) the words “an application for”, “the local authority’s application for” and “be refused or, as the case may be, that such a direction”. In section 124, subsections (3) and (4), in subsection (6) the words “with the consent of the Secretary of State” and in subsection (8) the words “approved by the Secretary of State”. In section 125, in subsection (1) the words from “and the Secretary of State” to the end of the subsection, subsection (2) and in subsection (3) the words from “ “preservation” in” to “and”. In section 164(1) the words from “(other than” to “Secretary of State)”. In section 212(1) the words “for the purposes of advances under section 235 of the Highways Act 1959”. In section 276, in subsection (1) the words from “give directions” to “or may” and in subsection (5) paragraph (b), in paragraph (c) the words from “or under” to “this Act” and the words from “give directions” to “or may”. Section 277(2). In Schedule 11, in paragraph 11(1) the words from “give directions” to “or may”. 1971 c. lxx. The Chichester Harbour Conservancy Act 1971. Section 30(3). 1972 c. 47. The Housing Finance Act 1972. In Schedule 9, paragraphs 7 and 8. 1972 c. 70. The Local Government Act 1970. Section 203(5). In Schedule 24, paragraph 11, and in paragraph 12, in section 13 of the Transport Act 1968 as set out in that paragraph, subsection (2). 1973 c. 28. The Rate Rebate Act 1973. The whole Act. 1973 c. 37. The Water Act 1973. In Schedule 5, in paragraph 11(9) the words from “multiplied by” to “authority for that year”, in paragraph 11(13) the definition of “the conclusive calculation” and paragraph 13(2). 1973 c. 60. The Breeding of Dogs Act 1973. Section 4. 1974 c. 3. The Slaughterhouses Act 1974. In section 18, in subsection (1) the words “with the approval of the Minister” and subsections (3) to (5). In Schedule 3, paragraphs 3 and 6.
This section applies for the purposes of this Part.
“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.
“Adult social care provider” means a person who carries on an activity which—
involves, or is connected with, the provision of adult social care, and
is a regulated activity within the meaning of Part 1 of the 2008 Act.
Action is to be treated as action taken by an adult social care provider if it is taken by—
a person employed by that provider,
a person acting on behalf of that provider, or
a person to whom that provider has delegated any functions.
Action is also to be treated as action taken by an adult social care provider if—
that provider provides adult social care by means of an arrangement with another person, and
the action is taken by or on behalf of the other person in carrying out the arrangement.
Under this Part, a Local Commissioner may investigate a matter—
which relates to action taken by an adult social care provider in connection with the provision of adult social care, and
in relation to which Condition 1 or 2 is met.
But a Local Commissioner may not conduct an investigation under this Part in respect of any action or matter described in Schedule 5A.
Condition 1 is met if a complaint about the matter which satisfies sections 34C and 34D has been made to a Local Commissioner.
Any question whether Condition 1 is met in relation to a matter is to be determined by a Local Commissioner.
Condition 2 is met if—
the matter has come to the attention of a Local Commissioner, and
section 34E applies to the matter.
Before investigating a matter under this Part a Local Commissioner must be satisfied that—
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
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.
In subsection (6) the reference to a person affected includes a reference to that person's personal representatives.
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.
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—
not to investigate a matter, or
to discontinue an investigation of a matter.
Her Majesty may by Order in Council amend Schedule 5A by adding, omitting or changing a description of an action or matter.
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.
A complaint about a matter under this Part may only be made—
by a member of the public who claims to have sustained injustice in consequence of the matter (“P”),
by a person authorised in writing by P to act on P's behalf, or
in accordance with subsection (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—
by D's personal representatives (if any), or
by a person who appears to a Local Commissioner to be suitable to represent D.
Subject to subsection (3), a complaint about a matter under this Part must be made—
in writing, and
before the end of the permitted period.
In subsection (1)(b), the “permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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, or
if earlier, the day on which the complainant first had notice of the matter.
A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
This section applies to a matter which has come to the attention of a Local Commissioner if—
the matter came to the Local Commissioner's attention during the course of an investigation under Part 3 or this Part,
(subject to subsection (3)) the matter came to the Local Commissioner's attention—
before the person affected or that person's personal representatives had notice of the matter, or
in any other case, before the end of the permitted period, and
it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
the day on which the person affected first had notice of the matter, or
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.
A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
A Local Commissioner who proposes to investigate a matter under this Part must give the following persons an opportunity to comment on the matter—
the adult social care provider concerned;
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;
any person who otherwise appears to the Local Commissioner to have taken or authorised that action.
Every investigation under this Part is to be conducted in private.
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.
The Local Commissioner may, in particular—
obtain information from such persons and in such manner as the Local Commissioner thinks fit,
make such inquiries as the Local Commissioner thinks fit, and
determine whether any person may be represented (by counsel, solicitor or otherwise) in the investigation.
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—
sums in respect of the expenses properly incurred by them;
allowances by way of compensation for the loss of their time.
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—
the adult social care provider concerned;
any other person who in the Local Commissioner's opinion is able to furnish any such information or produce any such documents.
Nothing in subsection (1) affects the restriction imposed by section 34X of the PSOWA 2005.
For the purposes of an investigation under this Part a Local Commissioner has the same powers as the High Court in respect of—
the attendance and examination of witnesses, and
the production of documents.
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.
A Local Commissioner may pay to any such person giving advice such fees or allowances as the Local Commissioner may determine.
A Local Commissioner may appoint and pay a mediator or other appropriate person to assist in the conduct of an investigation under this Part.
Any person appointed under subsection (6) is to be deemed to be an officer of the Commission in carrying out functions under that appointment.
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.
If any person without lawful excuse— the Local Commissioner may certify the offence to the High Court.
obstructs a Local Commissioner in the performance of the Local Commissioner's functions under this Part,
obstructs any person discharging or assisting in the discharge of those functions, or
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,
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.
A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—
decides not to investigate a matter under this Part,
decides to discontinue such an investigation, or
completes such an investigation.
In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.
In a case falling within subsection (1)(c), the statement must—
set out the Local Commissioner's conclusions on the investigation, and
include any recommendations the Local Commissioner considers it appropriate to make.
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—
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
to prevent injustice being caused in the future in consequence of similar action of the provider.
The Local Commissioner must send a copy of a statement prepared under this section to each of the persons concerned.
The persons concerned are—
the complainant (if any);
the adult social care provider concerned;
any person who is alleged in the complaint (if any) to have taken or authorised the action which was the subject of the investigation;
any person who otherwise appears to the Local Commissioner to have taken or authorised such action.
The Local Commissioner may send a copy of a statement prepared under this section to—
the Care Quality Commission, and
any local authority which appears to the Commissioner to have an interest in the subject matter of the statement.
The statement must identify the adult social care provider concerned unless—
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
the Local Commissioner considers that it is not appropriate for the individual to be identified.
The statement must not— 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.
mention the name of any person other than the provider, or
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,
This section applies where an adult social care provider receives a statement prepared under section 34H which contains recommendations.
The adult social care provider concerned must—
consider the statement, and
notify the Local Commissioner within the required period of the action which the provider has taken or proposes to take.
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—
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,
is not satisfied with the action which the provider concerned has taken or proposes to take, or
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.
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—
details of any action recommended in the statement which the provider has not taken;
such supporting material as the Local Commissioner may require;
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.
The adverse findings notice must be published by the adult social care provider in such manner as the Local Commissioner may direct.
If the adult social care provider— the Local Commissioner must arrange for an adverse findings notice to be published in such manner as the Local Commissioner considers appropriate.
fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5), or
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 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).
In this section the “required period” means—
the period of one month beginning with the date on which the adult social care provider concerned received the statement, or
such longer period as the Local Commissioner may agree in writing.
A Local Commissioner may— 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.
publish all or part of a statement under section 34H,
arrange for further publication of all or part of an adverse findings notice published under section 34I(3) or (6), or
publish a summary of a matter which is the subject of a statement or adverse findings notice under section 34H or 34I,
A Local Commissioner may—
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
charge a reasonable fee for doing so.
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.
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—
for the purposes of the investigation and of any statement, adverse findings notice or summary under section 34H, 34I or 34J,
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,
for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner (or both),
for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1989 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of a Local Commissioner,
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,
for the purposes of an inquiry with a view to the taking of proceedings of a kind mentioned in paragraph (d) or (e), or
for the purposes of proceedings under section 34G(10).
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.
A Local Commissioner must not prepare a statement under section 34H which includes government information unless the Local Commissioner has—
obtained the written consent of an officer of the government department concerned, or
given the department not less than one month's notice in writing of the intention to include the information in a statement.
In subsection (3) “government information” means information disclosed under section 34G(1) which—
is derived from a communication with a government department, and
has not been made public.
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.
For the purposes of the law of defamation the following are absolutely privileged—
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;
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);
the publication of any matter in preparing, making and sending a statement in accordance with section 34H;
the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);
the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;
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.
The persons mentioned in subsection (1)(b) are—
a complainant or the person affected in relation to a matter;
the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;
the Care Quality Commission or any officer of that Commission;
a local authority.
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—
the Parliamentary Commissioner, in accordance with the PCA 1967;
the Health Service Commissioner, in accordance with the HSCA 1993;
the Scottish Public Services Ombudsman in accordance with the SPSOA 2002; or
the Public Services Ombudsman for Wales, in accordance with the PSOWA 2005 or the PSOWA 2019.
The Local Commissioner—
must consult with the appropriate Commissioner or Ombdusman about the matter, and
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.
Consultation under subsection (2)(a) in relation to a matter under investigation under this Part may be about anything relating to the matter, including—
the conduct of any investigation into the matter, and
the form, content and publication of any report or statement of the results of or conclusions on such an investigation.
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.
The Parliamentary Commissioner—
must consult with the appropriate Local Commissioner about the complaint, and
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.
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).
Nothing in the following provisions applies in relation to the disclosure of information in the course of consultations held in accordance with this section—
section 11(2) of the PCA 1967;
section 15 of the HSCA 1993;
section 19 of the SPSOA 2002;
section 34X of the PSOWA 2005;
section 34K(1) of this Act.
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— the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.
the Parliamentary Commissioner,
the Health Service Commissioner, or
both,
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).
If a Local Commissioner forms the opinion that a complaint being investigated by— 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.
the Parliamentary Commissioner,
the Health Service Commissioner, or
both,
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.
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 matter in respect of which the Information Commissioner could exercise any power conferred by—
sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
Part 4 of that Act (enforcement), or
the commission of an offence under—
a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or
section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).
Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.
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.
Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.
The Commission must—
divide the matters which may be investigated under this Part into such categories as it considers appropriate, and
allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
The Commission—
must make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (1), and
must publish information about the procedures for making complaints under this Part.
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.
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).
The Commission may—
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
arrange for the advice and guidance to be published for the information of the public.
Before providing advice or guidance under subsection (3) the Commission must consult such persons as appear to it to be appropriate.
Every Local Commissioner must for each financial year—
prepare a general report on the discharge of the Local Commissioner's functions under this Part, and
submit it to the Commission not later than 2 months after the end of the year to which it relates.
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”).
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).
The Commission must arrange for the publication of—
the Part 3A annual report, and
the reports which are submitted under subsection (1).
The Commission must lay a copy of the Part 3A annual report before Parliament.
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, and in 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 PSOWA 2019” means the Public Services Ombudsman (Wales) Act 2019, “the SPSOA 2002” means the Scottish Public Services Ombudsman Act 2002.
The following terms have the same meaning in this Part as they have in Part 3—
action (and other expressions connoting action) (see section 34);
the Commission (see section 34);
local authority (see section 34);
Local Commissioner (see section 23(3));
Parliamentary Commissioner (see section 34).
Section 34(1A) applies for the purposes of this Part as it applies for the purposes of Part 3.
Section 34B
A matter which could be the subject of an investigation by a Local Commissioner under Part 3.
A matter which could be the subject of an investigation by the Health Service Commissioner under the HSCA 1993.
The commencement or conduct of civil or criminal proceedings before any court of law.
Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.