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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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(a) | for “a complaint” substitute “a matter”; |
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(i) | for “the complaint has” substitute “the matter has”; |
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(ii) | for “the person aggrieved” substitute “the person affected”; |
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(iii) | for “the complaint relates” substitute “it relates”; |
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(iv) | for “to investigate, and reply to, the complaint” substitute “to |
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investigate the matter and to respond”; |
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(i) | for “the complaint to be” substitute “the matter to be”; |
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(ii) | for “to investigate, and reply to, the complaint” substitute “to |
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investigate the matter and to respond”. |
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(3) | In subsection (6), for “person aggrieved” (in each place) substitute “person |
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(4) | 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 |
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(5) | In subsection (7), in paragraphs (aa), (a) (in both places) and (ba), for |
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“complaint” substitute “matter”. |
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(6) | Omit subsection (10) (Local Commissioners’ discretion to investigate |
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(a) | in paragraph (a), for “person aggrieved” substitute “person |
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(8) | 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 |
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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 |
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31(2A) is considered by a person other than the appropriate listed |
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authority and it is proposed that— |
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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 |
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relation to a further report if the report relates to the authority |
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(or to any person with which the authority is connected for |
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the purposes of this Part of this Act by virtue of section 25(4) |
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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 |
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the 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)(ba), 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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(5) | In subsection (1)(d), for “section 24” substitute “section 23A”. |
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(6) | 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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(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 |
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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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(9) | After subsection (3A) (inserted by section 183) 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 |
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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, |
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where 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 |
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under investigation under this Part of this Act”; |
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(b) | for “any matter relating to the complaint” substitute “anything |
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(c) | in paragraph (a), for “complaint” substitute “matter”. |
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9 (1) | Section 33ZA (collaborative working between Local Commissioners and |
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other Commissioners) is amended as follows. |
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(2) | In subsection (1), for “the complaint relates partly to” substitute “the matters |
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which are the subject of the investigation include”. |
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(a) | for “the person aggrieved” substitute “the person affected”; |
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(b) | for “any person acting on his behalf in accordance with subsection (2) |
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of section 27 of this Act” substitute “the complainant (if any)”. |
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(4) | In subsection (4), omit “of a complaint”. |
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10 | 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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(a) | in relation to a matter which is the subject of a |
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complaint made or to be made under this Part |
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of this Act, means the member of the public |
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who claims or is alleged to have sustained |
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injustice in consequence of the matter, and |
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(b) | in relation to a matter coming to the attention |
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of a Local Commissioner to which section 26D |
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applies, means the member of the public who |
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the Local Commissioner considers has, or may |
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have, sustained injustice in consequence of the |
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11 (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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(3) | In paragraph 4 (staff and accommodation)— |
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(a) | in sub-paragraph (2), for “complaints” substitute “matters”; |
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(b) | omit sub-paragraphs (5) and (6). |
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12 | 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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Parliamentary Commissioner Act 1967 (c. 13) |
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13 (1) | The Parliamentary Commissioner Act 1967 is amended as follows. |
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(2) | In section 3(2A) (administrative provisions) for “any officer or member of |
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staff of the Commission for Local Administration in England” substitute |
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“any person discharging or assisting in the discharge of a function of a Local |
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Commissioner, but only if the person is”. |
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(3) | In section 11 (provision for secrecy of information), in subsection (2)(aa) for |
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“a complaint” substitute “a matter”. |
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(4) | In section 11ZAA (collaborative working between Parliamentary |
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Commissioner and other Commissioners)— |
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(i) | for “a complaint which is being investigated” substitute |
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“matters which are the subject of an investigation”; |
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(ii) | for “relates partly to” substitute “include”; |
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(iii) | after “investigation” insert “of that matter”; |
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(i) | for “a complaint” substitute “a matter”; |
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(ii) | for “the complaint” substitute “a complaint about the |
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(c) | in subsection (5), omit “of a complaint”. |
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Local Government and Housing Act 1989 (c. 42) |
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14 (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)— |
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(a) | after paragraph (a) insert— |
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“(aa) | any such maladministration or failure as is mentioned |
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in Part 3 of the Local Government Act 1974 (Local |
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(b) | in paragraph (b), omit “Part III of the Local Government Act 1974 |
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(Local Commissioners) or”. |
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(3) | In section 5A (reports of monitoring officer - local authorities operating |
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executive arrangements), in subsection (3)(b), for “injustice” substitute |
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Health Service Commissioners Act 1993 (c. 46) |
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15 (1) | The Health Service Commissioners Act 1993 is amended as follows. |
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(2) | In section 15 (confidentiality of information), in subsection (1)(aa) for “a |
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complaint” substitute “a matter”. |
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(3) | In section 18ZA (collaborative working between the Commissioner and |
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(i) | for “a complaint which is being investigated” substitute |
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“matters which are the subject of an investigation”; |
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(ii) | for “relates partly to” substitute “include”; |
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(iii) | after “investigation” insert “of that matter”; |
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(b) | in subsection (4), omit “of a complaint”; |
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(c) | in subsection (5), for “the interests of the complainant and of persons |
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other than the complainant” substitute “the interests of the |
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complainant (if any) and of other persons”. |
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(4) | In Schedule 1 (the English Commissioner), in paragraph 12A— |
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(a) | after “performed by” insert “— |
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(b) | for “the Commission for Local Administration in England” |
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“(b) | any person discharging or assisting in the discharge |
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of a function of a Local Commissioner, |
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Greater London Authority Act 1999 (c. 29) |
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16 | In section 73(6) of the Greater London Authority Act 1999 (monitoring |
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officer), for “injustice” substitute “failure”. |
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Local Government Act 2000 (c. 22) |
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17 (1) | The Local Government Act 2000 is amended as follows. |
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(2) | In section 62 (further provisions about investigations by ethical standards |
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officers), in subsection (7)(b) for “by any members or officers of the |
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Commission for Local Administration in England” substitute “obtained in |
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connection with investigations under Part 3 of that Act (Commission for |
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Local Administration in England)”. |
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(3) | In section 67(2) (consultation by Local Commissioners with ethical |
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(a) | for “the complaint relates” substitute “the matters which are the |
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subject of the investigation relate”; |
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(b) | after “about the investigation and” insert “, where a complaint was |
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made about the matter, he may”. |
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Health and Social Care (Community Health and Standards) Act 2003 (c. 43) |
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18 | In section 114 of the Health and Social Care (Community Health and |
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Standards) Act 2003 (complaints about social services), in subsection (5)(a) |
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for “(and to be treated as if it had been duly made under section 26 of that |
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Act)” substitute “(and for the complaint to be treated as satisfying sections |
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26A and 26B of that Act)”. |
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Consequential amendments relating to joint waste authorities |
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Amendments of Local Government Act 1972 |
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1 | The Local Government Act 1972 (c. 70) is amended in accordance with this |
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2 | In section 70 (restriction on promotion of Bills for changing local |
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government areas), in subsections (1) and (3), for “or joint authority” |
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substitute “, joint authority or joint waste authority”. |
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3 | In section 80(2) (disqualifications for election and holding office as member |
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of local authority), after “joint authority” insert “, joint waste authority”. |
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4 | In section 85(4) (vacation of office by failure to attend meetings), at the end |
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insert “and a joint waste authority”. |
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5 | In section 86(2) (declaration by local authority of vacancy in office), at the |
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end insert “and a joint waste authority”. |
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6 | In section 92 (proceedings for disqualification), after subsection (7) insert— |
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“(7A) | In this section “local authority” also includes a joint waste authority. |
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(7B) | The reference in subsection (1) above to a local government elector |
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for the area concerned shall— |
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(a) | in relation to a joint waste authority established for an area |
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that includes a local government area, be construed as |
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including a reference to a local government elector for that |
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(b) | in relation to a joint waste authority established for an area |
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that includes the City of London, be construed as including a |
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reference to a person whose name appears in a ward list |
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published under section 7 of the City of London (Various |
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