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| Page 115, line 18 [Clause 161], at end insert— |
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| | ‘(1A) | In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in |
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| | paragraph 7(4) for “3” substitute “3A”.’. |
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| Page 119, line 10 [Clause 167], at end insert— |
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| | ‘( ) | In Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local |
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| | Administration in England)— |
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| | (a) | in section 25(1) (authorities subject to investigation), after paragraph (cc) |
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| | |
| | “(cd) | an authority established for an area in England by an |
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| | order under section 165 of the Local Government and |
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| | Public Involvement in Health Act 2007 (joint waste |
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| | |
| | (b) | in section 26C(6) (referral of complaints by authorities) (inserted by |
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| | section (Complaints and matters coming to Commissioners’ attention)), |
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| | |
| | “(d) | in relation to an authority established by an order under |
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| | section 165 of the Local Government and Public |
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| | Involvement in Health Act 2007, a person who may be a |
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| | member of the authority in accordance with section 166 |
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| Page 119, line 10 [Clause 167], at end insert— |
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| | ‘( ) | In Schedule 2 to the Audit Commission Act 1998 (c. 18) (accounts subject to |
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| | audit), in paragraph 1, after paragraph (m) insert— |
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| | “(ma) | an authority established for an area in England by an order |
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| | under section 165 of the Local Government and Public |
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| | Involvement in Health Act 2007 (joint waste authorities);”.’. |
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| Page 119, line 20 [Clause 167], at end insert— |
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| | ‘( ) | In section 23(1) of the Local Government Act 2003 (c. 26) (definition of local |
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| | authority), after paragraph (n) insert— |
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| | “(na) | an authority established for an area in England by an order under |
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| | section 165 of the Local Government and Public Involvement in |
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| | Health Act 2007 (joint waste authorities);”.’. |
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| Page 135, line 20 [Clause 189], at end insert— |
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| | ‘(1A) | Any order made by the Electoral Commission under this Act must be made by |
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| Page 135, line 21 [Clause 189], after ‘168’ insert ‘, (Entities controlled etc by local |
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| authorities), (Definitions of certain terms for purposes of other enactments: Wales)’. |
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| Page 135, line 23 [Clause 189], leave out ‘under section 168,’ and insert ‘made by |
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| the Welsh Ministers under section 168, (Entities controlled etc by local authorities) or |
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| (Definitions of certain terms for purposes of other enactments: Wales),’. |
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| |
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| Page 135, line 30 [Clause 189], leave out ‘or 32’ and insert ‘, (Resolution for |
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| whole-council elections: requirements), (Resolution for elections by halves: |
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| requirements) or (Resolution for elections by thirds: requirements)’. |
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| Page 135, line 40 [Clause 189], after ‘only’, insert— |
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| | ‘(a) | an order made by the Electoral Commission, or’. |
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| Page 136, line 14 [Clause 189], leave out from ‘under’ to ‘may’ in line 15 and |
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| Page 136, line 23 [Clause 191], at end insert— |
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| | ‘( ) | The Secretary of State may pay to the Arts Council of England and the Museums, |
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| | Libraries and Archives Council such sums as he may determine in respect of their |
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| | expenses under or by virtue of this Act.’. |
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| Page 136, line 39 [Clause 193], leave out ‘and (3)’ and insert ‘to (4)’. |
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| Page 137, line 2 [Clause 193], leave out ‘or 167’ and insert ‘, 167 or 188’. |
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| Page 137, line 2 [Clause 193], after ‘Schedule 1,’ insert ‘(Elections: consequential |
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| Page 137, line 2 [Clause 193], after second ‘14’ insert ‘, 15’. |
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| Page 137, line 3 [Clause 193], at end insert— |
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| | ‘(4) | The repeal made by paragraph 1(2)(b) of Schedule (Consequential amendments |
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| | relating to entities controlled etc by local authorities) and the entry in Part 13A |
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| | of Schedule 15 relating to the Prevention of Corruption Act 1916 (c. 64) extends |
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| | to England and Wales and to Scotland.’. |
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| Page 137, line 5 [Clause 194], leave out subsection (1) and insert— |
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| | ‘(1) | This section and sections 189, 191, 193 and 195 come into force on the day on |
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| | which this Act is passed.’. |
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| Page 137, line 17 [Clause 194], leave out ‘so far as not brought into force by |
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| Page 137, line 18 [Clause 194], leave out ‘so far as not brought into force by |
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| Page 137, line 19 [Clause 194], leave out ‘except section 91’ and insert ‘(except |
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| section 91), Part 4A of Schedule 15 and section 190 so far as relating to that Part of that |
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| Page 137, line 22 [Clause 194], at end insert— |
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| | ‘sections (Entities controlled etc by local authorities) to (Definition of |
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| | certain terms for purposes of other enactments: Wales) and |
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| | (consequential amendments)(3) and (4);’. |
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| Page 137, line 37 [Clause 194], leave out subsection (6). |
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| To move the following Schedule:— |
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| | ‘Elections: consequential amendments |
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| | Local Government and Housing Act 1989 (c. 42) |
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| | 1 (1) | Section 9 of the Local Government and Housing Act 1989 (assistants for |
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| | political groups) is amended as follows. |
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| | (2) | In subsection (11), in paragraph (a) of the definition of “appropriate year”, for |
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| | “one in relation to which provision for whole council elections has been made |
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| | by virtue of section 7(4)(a) or 26(2)(a) of the Local Government Act 1972” |
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| | substitute “subject to whole council elections by virtue of Part 2 of the Local |
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| | Government and Public Involvement in Health Act 2007”.’. |
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| To move the following Schedule:— |
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| | ‘The Commission for Local Administration in England: minor and |
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| | Part 3 of Local Government Act 1974 |
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| | 1 | Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local |
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| | Administration in England) is amended in accordance with this Part of this |
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| | 2 | In section 23(12) (three-yearly reviews by the Commission), for “complaints” |
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| | 3 (1) | Section 26 (matters subject to investigation) is amended as follows. |
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| | (2) | In subsection (6), for “person aggrieved” (in each place) substitute “person |
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| | (3) | In subsection (6A), for “any action taken in connection with the discharge by |
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| | an authority” substitute “any action taken by or on behalf of an authority in the |
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| | |
| | (4) | In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for |
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| | “complaint” substitute “matter”. |
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| | (5) | Omit subsection (10) (Local Commissioners’ discretion to investigate matters |
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| | (a) | in paragraph (a), for “person aggrieved” substitute “person affected”; |
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| | (7) | Omit subsections (12) and (13) (restrictions on investigating matters arising |
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| | 4 (1) | Section 28 (payments to complainants and persons assisting with |
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| | investigations) is amended as follows. |
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| | (a) | for “conduct an investigation pursuant to a complaint” substitute |
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| | “investigate a matter under this Part of this Act”; |
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| | (b) | after “who is alleged in the complaint” insert “(if any), or who |
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| | otherwise appears to the Local Commissioner,”; |
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| | (c) | for “the action complained of” substitute “the action which would be |
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| | the subject of the investigation”; |
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| | (d) | for “any allegations contained in the complaint” substitute “the |
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| | (3) | In subsection (2), for “such investigation” substitute “investigation under this |
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| | (a) | after “the complaint” insert “(if any)”; |
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| | (b) | omit the words following paragraph (b). |
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| | (a) | after “the authority concerned” insert “or any other person”; |
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| | (b) | for “that authority” substitute “the authority concerned or any other |
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| | 5 (1) | Section 29 (further provisions about investigations) is amended as follows. |
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| | (2) | In subsection (6), omit “with the approval of the Minister for the Civil |
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| | (3) | In subsection (8), for “or any officer of the Commission assisting in the |
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| | performance” substitute “or any person discharging or assisting in the |
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| | |
| | 6 (1) | Section 31A (consideration of adverse reports) is amended as follows. |
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| | (2) | For subsections (1) to (2A) substitute— |
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| | “(1A) | Where a further report of a Local Commissioner under section 31(2A) |
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| | is considered by a person other than the appropriate listed authority |
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| | (a) | no action should be taken on the report, or |
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| | (b) | the action recommended in the report should not be taken, |
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| | | consideration of the report shall be referred to that authority. |
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| | (1B) | For the purposes of subsection (1A)— |
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| | (a) | “listed authority” means an authority mentioned in section |
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| | 25(1) or specified in an order under subsection 25(2) (but does |
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| | not include a person mentioned in section 25(4) to (5)), and |
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| | (b) | a listed authority is the appropriate listed authority in relation |
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| | to a further report if the report relates to the authority (or to |
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| | any person with which the authority is connected for the |
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| | purposes of this Part of this Act by virtue of section 25(4) to |
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| | (1C) | Subsection (1A) has effect subject to subsection (3).” |
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| | |
| | (a) | for “subsections (1) and (2)” substitute “subsection (1A)”; |
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| | (b) | in paragraph (a), for “the said section 101, or” substitute “section 101 |
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| | of the Local Government Act 1972,”; |
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| | (c) | for paragraph (b) substitute— |
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| | “(b) | a local fisheries committee constituted under the Sea |
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| | Fisheries Regulation Act 1966, or |
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| | (c) | an admission appeal panel or exclusion appeal panel |
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| | mentioned in section 25(5)(c) or (e), |
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| | | and the report is considered by that committee or panel.” |
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| | (4) | In subsection (5), for the words from the beginning to “shall vote” substitute |
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| | “No individual shall decide or vote”. |
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| | (5) | Omit subsections (5A) and (6). |
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| | (a) | omit “Where the authority concerned is the Greater London |
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| | (b) | for “the Authority” substitute “the Greater London Authority”; |
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| | (c) | for “the authority concerned (other than references to a member of the |
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| | authority concerned)” substitute “an authority”. |
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| | 7 (1) | Section 32 (law of defamation and disclosure of information) is amended as |
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| | |
| | (2) | In subsection (1)(a), for “any officer of the Commission” substitute “any |
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| | person discharging or assisting in the discharge of a function of a Local |
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| | |
| | (3) | In subsection (1)(b)— |
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| | (a) | for “any officer of the Commission” substitute “any person |
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| | discharging or assisting in the discharge of a function of a Local |
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| | |
| | (b) | after “a complainant” insert “, or with the person affected in relation |
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| | |
| | (4) | In subsection (1)(d), for “section 24” substitute “section 23A”. |
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| | (5) | After subsection (1)(e) insert— |
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| | “(f) | the publication of any matter by inclusion in a report, |
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| | statement or summary published or supplied under section |
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| | |
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| | (a) | for “any officer of the Commission” substitute “any person |
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| | discharging or assisting in the discharge of a function of a Local |
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| | |
| | (b) | in paragraph (a), for “report to be made under section 30 or 31” insert |
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| | “report, statement or summary under section 30, 31 or 31B”; |
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| | (c) | in paragraph (b), for “an officer of the Commission” substitute “a |
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| | person discharging or assisting in the discharge of a function of Local |
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| | |
| | (d) | in the words following paragraph (c), for “the officers of the |
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| | Commission” substitute “persons discharging or assisting in the |
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| | discharge of a function of a Local Commissioner”. |
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| | |
| | (a) | for “any of the authorities mentioned in section 25(1) above” |
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| | substitute “any of the authorities to which this Part of this Act applies”; |
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| | (b) | for “any member of the staff of the Commission who is allocated to |
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| | assist him” substitute “any person discharging or assisting in the |
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| | discharge of a function of a Local Commissioner”. |
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| | (8) | After subsection (3A) (inserted by section 138) insert— |
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| | “(3B) | Section 25(4), (4A) and (5) do not apply for the purpose of subsection |
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| | |
| | 8 (1) | Section 33 (consultation with other Commissioners etc) is amended as follows. |
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| | |
| | (a) | for “the complaint relates partly to” substitute “the matters which are |
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| | the subject of the investigation include”; |
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| | (b) | for “about the complaint and” substitute “about the matter and, where |
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| | a complaint was made about the matter, he shall”. |
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| | |
| | (a) | for “a complaint under this Part of this Act” substitute “a matter under |
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| | investigation under this Part of this Act”; |
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| | (b) | for “any matter relating to the complaint” substitute “anything relating |
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| | |
| | (c) | in paragraph (a), for “complaint” substitute “matter”. |
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| | 9 | In section 34(1) (interpretation of Part)— |
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| | (a) | in the definition of “member”, omit paragraphs (b) and (c); |
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| | (b) | for the definition of “person aggrieved” substitute— |
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| | |
| | (c) | in relation to a matter which is the subject of a complaint made |
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| | or to be made under this Part of this Act, means the member of |
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| | the public who claims or is alleged to have sustained injustice in |
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| | consequence of the matter, and |
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| | (d) | in relation to a matter coming to the attention of a Local |
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| | Commissioner to which section 26D applies, means the member |
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| | of the public who the Local Commissioner considers has, or may |
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| | have, sustained injustice in consequence of the matter;”. |
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| | 10 (1) | Schedule 4 (the Commission) is amended as follows. |
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| | (2) | In paragraph 3 (remuneration etc of Commissioners and their officers)— |
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| | (a) | in sub-paragraph (1) omit “, with the approval of the Minister for the |
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| | |
| | (b) | in sub-paragraph (2) omit “, with the consent of the Minister for the |
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| | |
| | |
| | (a) | in sub-paragraph (2), for “complaints” substitute “matters”; |
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| | (b) | omit sub-paragraph (5). |
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| | 11 | In Schedule 5 (matters not subject to investigation), in paragraphs 2, 6, 7 and |
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| | 8, after “taken by” insert “or on behalf of”. |
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| | |
| | Other minor and consequential amendments |
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| | Local Government and Housing Act 1989 (c. 42) |
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| | 12 (1) | The Local Government and Housing Act 1989 is amended as follows. |
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| | (2) | In section 5 (reports of monitoring officer), in subsection (2)(b), for “injustice” |
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