- Latest available (Revised)
- Original (As enacted)
Local Government Act 1974
You are here:
- UK Public General Acts
- 1974 c. 7
- SCHEDULE 4
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: SCHEDULE 4
Changes to legislation:
Local Government Act 1974, SCHEDULE 4 is up to date with all changes known to be in force on or before 21 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(bzb) inserted by 2022 c. 30 Sch. 10 para. 2(2)(a)
- s. 33(3B) inserted by 2022 c. 30 Sch. 10 para. 2(4)
- s. 33ZA(1)(d) and word inserted by 2022 c. 30 Sch. 10 para. 3(2)(b)
- s. 33ZA(3)(d) and word inserted by 2022 c. 30 Sch. 10 para. 3(4)(b)
- s. 33ZB(4)(e)(f) inserted by 2022 c. 30 Sch. 10 para. 4(b)
Section 23.
SCHEDULE 4E+W [F1The Commission]
Textual Amendments
F1Sch. 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)
Modifications etc. (not altering text)
C1Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3
DisqualificationsE+W
1(1)A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—E+W
(a)he is disqualified for being elected, or being, a member of [F2 any authority to which Part 3 of this Act applies]; or
(b)he is a member of any of those authorities F3....
(2)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 [F4—
(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.]
[F5(2A)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.
(2B)In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.]
F6(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(2D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F7... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.
Textual Amendments
F2Words 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)
F3Words 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)
F4Words 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)
F5Sch. 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
F6Sch. 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)
F7Words 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)
[F82AE+WA 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).]
Textual Amendments
F8Sch. 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)
F82E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 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)
Remuneration, etc.E+W
3(1)[F9The 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 mayF10...determine.E+W
(2)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, [F11the Commission] may pay to that person a sum of such amount as the Secretary of State mayF12... determine.
[F13(3)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.]
Textual Amendments
F9Words 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)
F10Words 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))
F11Words 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)
F12Words 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))
F13Sch. 4 para. 3(3) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(5)
Staff and accommodationE+W
4(1)[F14The Commission] may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.E+W
(2)[F15The Commission] shall make arrangements to enable Local Commissioners to investigate [F16 matters ] , and in particular arrangements for—
(a)allocating members of their staff to assist Local Commissioners, and
(b)providing offices and other accommodation.
(3)An officer of [F17the Commission] shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.
F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20[F21(6)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Words 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)
F15Words 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)
F16Word 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))
F17Words 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)
F18Sch. 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)
F19Sch. 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))
F20Sch. 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))
F21Sch. 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
Proceedings of [F22the Commission] E+W
Textual Amendments
F22Words 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)
5(1)[F23The Commission] may determine their own procedure, including the quorum necessary for their meetings.E+W
(2)The validity of any proceedings of [F24the 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.
(3)[F25The 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.
Textual Amendments
F23Words 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)
F24Words 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)
F25Words 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)
Expenses of [F26the Commission] E+W
Textual Amendments
F26Words 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)
[F275A(1)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.E+W
(2)A determination under sub-paragraph (1) must be approved by the Treasury.]
Textual Amendments
F27 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)
Modifications etc. (not altering text)
C2Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4
6E+WF28... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28 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)
7E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28 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)
8E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28 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)
F298AE+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 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)
F299E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 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)
F2910E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 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)
F2911E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 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)
12E+WF30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Sch. 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
DelegationE+W
[F3113(1)Any function of a Commissioner may be discharged on the Commissioner's behalf—
(a)by any person authorised by the Commissioner to do so, and
(b)to the extent so authorised.
(2)Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.
[F32(3)Any function of the Commission may be discharged on the Commission's behalf—
(a)by any person authorised by the Commission to do so, and
(b)to the extent so authorised.
(4)Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.]]
Textual Amendments
F31Sch. 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))
F32Sch. 4 para. 13(3)(4) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 44(2), 240(1)(c)
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.