House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 17th May 2007
257

Local Government and Public Involvement, continued

‘Before section 25 of the Local Government Act 1974 (c. 7) insert—

“24A
Power to investigate

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

matter—

(a)
which relates to action taken by or on behalf of an authority to

which this Part of this Act applies,

(b)
which is subject to investigation under this Part of this Act by

virtue of section 26, and

(c)
in relation to which subsection (2), (3) or (5) is satisfied.

(2)
This subsection is satisfied if, in relation to the matter, a complaint which

satisfies sections 26A and 26B has been made to a Local Commissioner.

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

(a)
a complaint which satisfies sections 26A and 26B has been made

to a member of an authority to which this Part of this Act applies,

and

(b)
the complaint has been referred, or is treated as having been

referred, to a Local Commissioner under section 26C.

(4)
Any question whether subsection (2) or (3) is satisfied in relation to a

matter shall be determined by a Local Commissioner.

(5)
This subsection is satisfied if—

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

and

(b)
section 26D applies to the matter.

(6)
In determining whether to initiate, continue or discontinue an

investigation, a Local Commissioner shall, subject to the provisions of

this section and sections 26 to 26D, act in accordance with his own

discretion.

(7)
Without prejudice to the discretion conferred by subsection (6), a Local

Commissioner may in particular decide—

(a)
not to investigate a matter, or

(b)
to discontinue an investigation of a matter,


if he is satisfied with action which the authority concerned have taken or

propose to take.”’.

Authorities subject to investigation

Secretary Ruth Kelly

Added  NC14

To move the following Clause:—

‘(1)
Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to

investigation) is amended as follows.

(2)
In subsection (4), for paragraphs (b) and (c) substitute—

Report Stage Proceedings: 17th May 2007
258

Local Government and Public Involvement, continued

“(b)
to a committee or sub-committee of that authority (including a

joint committee or joint sub-committee on which the authority

are represented),


and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the

purposes of this subsection.”

(3)
After subsection (4) insert—

“(4ZA)
Any reference to an authority to which this Part of this Act applies also

includes, in the case of a local authority operating executive

arrangements, the executive.”

(4)
In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).

(5)
Omit subsection (4B) (sub-committees of the London Transport Users

Committee).

(6)
In subsection (5)—

(a)
in paragraph (c), after “constituted” insert “by the authority”;

(b)
in paragraph (d), after first “school” insert “maintained by the authority”;

(c)
in paragraph (e), after “constituted” insert “by the authority”.

(7)
After subsection (5) insert—

“(6)
Subsection (7) has effect where an authority to which this Part of this Act

applies exercise a function entirely or partly by means of an arrangement

with another person.

(7)
For the purposes of this Part of this Act, action taken by or on behalf of

the other person in carrying out the arrangement shall be treated as action

taken—

(a)
on behalf of the authority, and

(b)
in the exercise of the authority’s function.

(8)
Subsection (7) does not have effect where, by virtue of another

enactment, the action would be treated as action taken by the authority.”’.

Matters subject to investigation

Secretary Ruth Kelly

Added  NC15

To move the following Clause:—

‘(1)
Section 26 of the Local Government Act 1974 (c. 7) (matters subject to

investigation) is amended in accordance with subsections (2) and (3).

(2)
For subsection (1) substitute—

“(1)
For the purposes of section 24A(1)(b), in relation to an authority to which

this Part of this Act applies, the following matters are subject to

investigation by a Local Commissioner under this Part of this Act—

(a)
alleged or apparent maladministration in connection with the

exercise of the authority’s administrative functions;

(b)
an alleged or apparent failure in a service which it was the

authority’s function to provide;

(c)
an alleged or apparent failure to provide such a service.

Report Stage Proceedings: 17th May 2007
259

Local Government and Public Involvement, continued

(1A)
Subsection (1) is subject to the following provisions of this section.”

(3)
Omit subsections (2) to (4) (procedure for making complaints).

(4)
In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3

substitute—

“3  (1)
Action taken in matters relating to contractual or other commercial

transactions of any authority to which Part 3 of this Act applies

relating to—

(a)
the operation of public passenger transport;

(b)
the carrying on of a dock or harbour undertaking;

(c)
the provision of entertainment;

(d)
the provision and operation of industrial establishments;

(e)
the provision and operation of markets.

      (2)
Sub-paragraph (1) does not include transactions for or relating to—

(a)
the acquisition or disposal of land;

(b)
the acquisition or disposal of moorings which are not

moorings provided in connection with a dock or harbour

undertaking.

      (3)
Sub-paragraph (1)(a) does not include action taken by or on behalf of

the London Transport Users Committee in operating a procedure for

examining complaints or reviewing decisions.

      (4)
Sub-paragraph (1)(e) does not include transactions relating to—

(a)
the grant, renewal or revocation of a licence to occupy a pitch

or stall in a fair or market, or

(b)
the attachment of any condition to such a licence.”’.

Complaints and matters coming to Commissioners’ attention

Secretary Ruth Kelly

Added  NC16

To move the following Clause:—

‘(1)
After section 26 of the Local Government Act 1974 (c. 7) insert—

“26A
Who can complain

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

made—

(a)
by a member of the public who claims to have sustained injustice

in consequence of the matter,

(b)
by a person authorised in writing by such a member of the public

to act on his behalf, or

(c)
in accordance with subsection (2).

(2)
Where a member of the public by whom a complaint about a matter might

have been made under this Part of this Act has died or is otherwise unable

to authorise a person to act on his behalf, the complaint may be made—

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

Report Stage Proceedings: 17th May 2007
260

Local Government and Public Involvement, continued

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

to represent him.

26B
Procedure for making complaints

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

this Act must be made—

(a)
in writing, and

(b)
before the end of the permitted period.

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

months beginning with—

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

matter, or

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

matter—

(i)
the day on which the personal representatives of the

person affected first had notice of the matter, or

(ii)
if earlier, the day on which the complainant first had

notice of the matter.

(3)
A Local Commissioner may disapply either or both of the requirements

in subsection (1)(a) and (b) in relation to a particular complaint.

26C
Referral of complaints by authorities

(1)
This section applies where a complaint about a matter is made to a

member of an authority to which this Part of this Act applies.

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

Commissioner by—

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

(b)
any other member of that authority, or

(c)
a member of any other authority to which this Part of this Act

applies which is alleged in the complaint to have taken or

authorised the action complained of.

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

writing.

(4)
A Local Commissioner may disapply the requirement in subsection (3)

in relation to a particular referral.

(5)
If a Local Commissioner is satisfied that the complainant asked a

member of an authority mentioned in subsection (2) to refer the

complaint to a Local Commissioner, he may treat the complaint as if it

had been referred to him under this section.

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

(a)
in relation to a National Park authority, a member of any of the

councils by whom a local authority member of the authority is

appointed;

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

authorities of the joint board;

(c)
in relation to a joint authority established by Part 4 of the Local

Government Act 1985, a member of a constituent council of that

authority.