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Report Stage Proceedings: 17th May 2007                  

261

 

Local Government and Public Involvement, continued

 
 

26D    

Matters coming to attention of Local Commissioner

 

(1)    

This section applies to a matter which has come to the attention of a Local

 

Commissioner if—

 

(a)    

the matter came to his attention during the course of an

 

investigation under this Part of this Act,

 

(b)    

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

 

(i)    

before the person affected or his personal

 

representatives had notice of the matter, or

 

(ii)    

in any other case, before the end of the permitted period,

 

and

 

(c)    

it appears to the Local Commissioner that a member of the public

 

has, or may have, suffered injustice in consequence of the matter.

 

(2)    

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

 

months beginning with—

 

(a)    

the day on which the person affected first had notice of the

 

matter, or

 

(b)    

if the person affected has died without having notice of the

 

matter, the day on which the personal representatives of the

 

person affected first had notice of the matter.

 

(3)    

A Local Commissioner may disapply the requirement in subsection

 

(1)(b) in relation to a particular matter.”

 

(2)    

In subsection 27 of that Act (provisions relating to complaints)—

 

(a)    

for the title substitute “Members of the public”;

 

(b)    

in subsection (1), for the words before paragraph (a) substitute “In this

 

Part of this Act, “member of the public” means an individual or a body

 

of persons, whether incorporated or not, other than—”;

 

(c)    

omit subsection (2).’.

 


 

Reports and statements of reasons

 

Secretary Ruth Kelly

 

Added  NC17

 

To move the following Clause:—

 

‘(1)    

Section 30 of the Local Government Act 1974 (c. 7) (reports on investigations) is

 

amended as follows.

 

(2)    

For subsection (1) substitute—

 

“(1)    

If a Local Commissioner completes an investigation of a matter, he shall

 

prepare a report of the results of the investigation and send a copy to each

 

of the persons concerned (subject to subsection (1A)).

 

(1A)    

If, after the investigation of a matter is completed, the Local

 

Commissioner decides—

 

(a)    

that he is satisfied with action which the authority concerned

 

have taken or propose to take, and

 

(b)    

that it is not appropriate to prepare and send a copy of a report

 

under subsection (1),


 
 

Report Stage Proceedings: 17th May 2007                  

262

 

Local Government and Public Involvement, continued

 
 

    

he may instead prepare a statement of his reasons for the decision and

 

send a copy to each of the persons concerned.

 

(1B)    

If a Local Commissioner decides—

 

(a)    

not to investigate a matter, or

 

(b)    

to discontinue an investigation of a matter,

 

    

he shall prepare a statement of his reasons for the decision and send a

 

copy to each of the persons concerned.

 

(1C)    

For the purposes of subsections (1) to (1B), the persons concerned are—

 

(a)    

the complainant (if any),

 

(b)    

any person who referred the matter under section 26C(2),

 

(c)    

the authority concerned, and

 

(d)    

any other authority or person who is alleged in the complaint, or

 

who otherwise appears to the Local Commissioner, to have taken

 

or authorised the action which is or would be the subject of the

 

investigation.”

 

(3)    

In subsection (2), for “the complaint” substitute “a complaint about the matter”.

 

(4)    

In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above”

 

substitute “the duty to send a report or statement to the Authority under

 

subsection (1), (1A) or (1B)”.

 

(5)    

In subsection (3)—

 

(a)    

after “report” (in each place) insert “or statement”;

 

(b)    

for “the interests of the complainant and of persons other than the

 

complainant” substitute “the interests of the complainant (if any) and of

 

other persons”.

 

(6)    

In subsection (3AA), after “report” insert “or statement”.

 

(7)    

After subsection (3A) insert—

 

“(3B)    

Subsections (4) to (8) apply in the case of a report under subsection (1).”

 

(8)    

In subsection (7), for “the interests of the complainant and of persons other than

 

the complainant” substitute “the interests of the complainant (if any) and of other

 

persons”.’.

 


 

Power of Commissioners to make recommendations etc

 

Secretary Ruth Kelly

 

Added  NC18

 

To move the following Clause:—

 

‘(1)    

Section 31 of the Local Government Act 1974 (c. 7) (further provisions about

 

reports on investigations) is amended as follows.

 

(2)    

For subsection (1) substitute—

 

“(1)    

This section applies where a Local Commissioner reports that there has

 

been—

 

(a)    

maladministration in connection with the exercise of the

 

authority’s administrative functions,

 

(b)    

a failure in a service which it was the function of an authority to

 

provide, or


 
 

Report Stage Proceedings: 17th May 2007                  

263

 

Local Government and Public Involvement, continued

 
 

(c)    

a failure to provide such a service.”

 

(3)    

For subsection (2B) substitute—

 

“(2B)    

Where the report relates to maladministration, those recommendations

 

are recommendations with respect to action which, in the Local

 

Commissioner’s opinion, the authority concerned should take—

 

(a)    

to remedy any injustice sustained by the person affected in

 

consequence of the maladministration, and

 

(b)    

to prevent injustice being caused in the future in consequence of

 

similar maladministration in connection with the exercise of the

 

authority’s administrative functions.

 

(2BA)    

Where the report relates to a failure in, or to provide, a service which it

 

was the function of the authority to provide, those recommendations are

 

recommendations with respect to action which, in the Local

 

Commissioner’s opinion, the authority concerned should take—

 

(a)    

to remedy any injustice sustained by the person affected in

 

consequence of the failure, and

 

(b)    

to prevent injustice being caused in the future in consequence of

 

a similar failure in, or to provide, a service which it is the

 

function of the authority to provide.”

 

(4)    

In subsection (3)(b), for “maladministration” substitute “the maladministration or

 

failure”.’.

 


 

Publication of reports etc by Commissioners

 

Secretary Ruth Kelly

 

Added  NC19

 

To move the following Clause:—

 

‘After section 31A of the Local Government Act 1974 (c. 7) insert—

 

“31B  

Publication of reports etc by Commissioners

 

(1)    

A Local Commissioner may—

 

(a)    

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

 

(b)    

publish all or part of a report under section 31,

 

(c)    

arrange for further publication of a statement published under

 

section 31(2D) or (2G), or

 

(d)    

publish a summary of a matter which is the subject of a report or

 

statement under section 30 or 31,

 

    

if, after taking into account the public interest as well as the interests of

 

the complainant (if any) and of other persons, he considers it appropriate

 

to do so.

 

(2)    

A Local Commissioner may—

 

(a)    

supply a copy of a report, statement or summary mentioned in

 

subsection (1) to any person who requests it, and

 

(b)    

charge a reasonable fee for doing so.


 
 

Report Stage Proceedings: 17th May 2007                  

264

 

Local Government and Public Involvement, continued

 
 

(3)    

Subsection (3) of section 30 applies to a summary mentioned in

 

subsection (1)(d) of this section as it applies to a report or statement

 

prepared under that section.”’.

 


 

Disqualifications

 

Secretary Ruth Kelly

 

Added  nc20

 

To move the following Clause:—

 

‘(1)    

Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is

 

amended as follows.

 

(2)    

In paragraph 1(1) (disqualification for being Local Commissioner)—

 

(a)    

in paragraph (a), for “any of the authorities mentioned in section 25(1) of

 

this Act” substitute “any authority to which Part 3 of this Act applies”;

 

(b)    

in paragraph (b), omit “or is a member (by co-option) of a committee of

 

any of those authorities”.

 

(3)    

In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the

 

words from “has been a member of that authority” to the end substitute “—

 

(a)    

has been a member of that authority,

 

(b)    

has taken action on behalf of that authority in the exercise of

 

any of their functions, or

 

(c)    

has taken action which, by virtue of an enactment, is treated

 

as having been taken by that authority in the exercise of any

 

of their functions.”

 

(4)    

For paragraph 2 (disqualification of Local Commissioners for appointment to

 

paid office by authority) substitute—

 

“2A      

A Local Commissioner shall be disqualified for being appointed to a

 

paid office by an authority to which Part 3 of this Act applies—

 

(a)    

while the categories of matter for which the Local

 

Commissioner has responsibility pursuant to section 23(8A)

 

include—

 

(i)    

matters relating to the authority, or

 

(ii)    

matters of a description which may include matters

 

relating to the authority, and

 

(b)    

for three years after the Local Commissioner ceases to have

 

responsibility for such matters pursuant to section 23(8A).”’.

 


 

Minor and consequential amendments

 

Secretary Ruth Kelly

 

Added  NC21

 

To move the following Clause:—


 
 

Report Stage Proceedings: 17th May 2007                  

265

 

Local Government and Public Involvement, continued

 
 

‘Schedule (The Commission for Local Administration for England: minor and

 

consequential amendments) (minor and consequential amendments) has effect.’.

 


 

Secretary Ruth Kelly

 

Agreed to  108

 

Page  96,  line  3  [Clause  138],  leave out subsection (1).

 

Secretary Ruth Kelly

 

Agreed to  109

 

Page  96,  line  5  [Clause  138],  after ‘32’ insert ‘of the Local Government Act 1974

 

(c. 7)’.

 

Secretary Ruth Kelly

 

Agreed to  110

 

Page  96,  line  8  [Clause  138],  after ‘34’ insert ‘of that Act’.


 
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