Local Government Act 1974

Section 23.

SCHEDULE 4 E+W [F1 The Commission]

Textual Amendments

F1 Sch. 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)

C1 Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

Disqualifications E+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 any of the authorities mentioned in section 25(1) of this Act; or

(b) he is a member of any of those authorities or is a member (by co-option) of a committee of any of those authorities.

(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 has been a member of that authority, or a member (by co-option) of a committee of that authority.

(3) The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F2 ... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

Textual Amendments

F2 Words in Sch. 4 para. 1(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

2 (1) So long as a Local Commissioner is responsible for any area, and for three years after he ceases to be so responsible, he shall be disqualified for being appointed to any paid office by any of the authorities mentioned in section 25(1) of this Act if the area for which the Local Commissioner is, or was, responsible falls wholly or partly within the area for which that authority is responsible. E+W

(2) In this paragraph references to the area for which a Local Commissioner is responsible are references to an area for which he assumes responsibility under section 23 of this Act F3 ... consist of more than one Local Commissioner but Wales has not been divided into areas under that section, each of the Local Commissioners for Wales shall be treated as responsible for the whole of Wales.

Textual Amendments

F3 Words in Sch. 4 para. 2(2) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(3), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

Remuneration, etc. E+W

3 (1) [F4 The 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 may, with the approval of [F5 the Treasury], 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, [F6 the Commission] may pay to that person a sum of such amount as the Secretary of State may, with the consent of [F5 the Treasury], determine.

[F7 (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

F4 Words 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)

F5 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c)(d)(2), 3(5)

F6 Words 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)

F7 Sch. 4 para. 3(3) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 22(5)

Staff and accommodation E+W

4 (1) [F8 The 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) [F9 The Commission] shall make arrangements to enable Local Commissioners to investigate complaints, 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 [F10 the Commission] shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any function of a Local Commissioner . . . F12 may be performed by any officer of the Commission who is authorised for the purpose by the Local Commissioner.

[F13 (6) For the purposes of conducting a joint investigation referred to in section 33ZA of this Act any function of a Local Commissioner may be performed by—

(a) any officer of the Parliamentary Commissioner, or

(b) any officer of the Health Service Commissioner for England,

who is authorised for the purpose by a Local Commissioner.]

Textual Amendments

F8 Words 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)

F9 Words 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)

F10 Words 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)

F11 Sch. 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)

F12 Words repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), ss. 29(4), Sch. 3 para. 9(1)(2), Sch. 7 Pt. II

F13 Sch. 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 [F14 the Commission] E+W

Textual Amendments

F14 Words 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) [F15 The Commission] may determine their own procedure, including the quorum necessary for their meetings. E+W

(2) The validity of any proceedings of [F16 the 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) [F17 The 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

F15 Words 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)

F16 Words 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)

F17 Words 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)

[F18 Expenses of [F19 the Commission] E+W

Textual Amendments

F18 Sch. 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)

F19 Words 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)

6 (1) [F20 the Commission F21 ...] shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 (“the 1988 Act”), and those sections shall accordingly have effect with the following modifications. E+W

(2) Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of [F22 the Commission F23 ...] together with any observations thereon made and submitted to him in accordance with paragraph 7 below.

(3) The Secretary of State may also take into account any other information available to him as to the expenses of [F24 the Commission F25 ...], whatever its source.

(4) A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.

F26 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Words in Sch. 4 para. 6(1) substituted (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(2)(a) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F21 Words in Sch. 4 para. 6(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(9), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F22 Words in Sch. 4 para. 6(2) substituted (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(2)(b) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F23 Words in Sch. 4 para. 6(2) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(9), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F24 Words in Sch. 4 para. 6(3) substituted (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(2)(c) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F25 Words in Sch. 4 para. 6(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(9), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F26 Sch. 4 para. 6A substituted for Sch. 4 para. 6(5) (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(3) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C2 Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4

F27 6A E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 4 para. 6A repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(10), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

7 (1) [F28 The Commission] shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State. E+W

(2) [F28 The Commission] shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives.

(3) Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission’s estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State.

(4) [F28 The Commission] shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact.

Textual Amendments

F28 Words in Sch. 4 para. 7(1)(2)(4) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(11) (with s. 38); S.I. 2005/2800, arts. 3(b), 5(1)(3), Sch. 1 Pt. 2 (with art. 7)

8 E+W Where [F29 the Commission F30 ...] fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to be such as he sees fit.]

Textual Amendments

F29 Words in Sch. 4 para. 8 substituted (27.11.2003) by Local Government Act 2003 (c. 26), s. 128(4)(f), Sch. 7 para. 5(4) (with Sch. 7 para. 5(6)); S.I. 2003/3034, art. 2, Sch. 1 Pt. I

F30 Words in Sch. 4 para. 8 repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(12), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

Modifications etc. (not altering text)

C3 Sch. 4 para. 8 amended by S.I. 1981/327, rule 6

F31 8A E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 4 para. 8A repealed (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(13), Sch. 7 (with s. 38); S.I. 2005/2800, arts. 3(b), 5(1)(3), Sch. 1 Pt. 2 (with art. 7)

12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F32 Sch. 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