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 [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.]

(3) The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F5 ... 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(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)

F3 Words in Sch. 4 para. 1(1)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 179(2)(b), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(l)(ii)(v)

F4 Words 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)

F5 Words in Sch. 4 para. 1(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

[F6 2A E+W 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).]

Textual Amendments

F6 Sch. 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)

F6 2 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 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) [F7 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 mayF8 ...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, [F9 the Commission] may pay to that person a sum of such amount as the Secretary of State mayF10 ... determine.

[F11 (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

F7 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)

F8 Words 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))

F9 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)

F10 Words 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))

F11 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) [F12 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) [F13 The Commission] shall make arrangements to enable Local Commissioners to investigate [F14 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 [F15 the Commission] shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.

F16 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 [F19 (6)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 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)

F13 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)

F14 Word 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))

F15 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)

F16 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)

F17 Sch. 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))

F18 Sch. 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))

F19 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 [F20 the Commission] E+W

Textual Amendments

F20 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) [F21 The Commission] may determine their own procedure, including the quorum necessary for their meetings. E+W

(2) The validity of any proceedings of [F22 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) [F23 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

F21 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)

F22 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)

F23 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)

[F24 Expenses of [F25 the Commission] E+W

Textual Amendments

F24 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)

F25 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) [F26 the Commission F27 ...] 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 [F28 the Commission F29 ...] 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 [F30 the Commission F31 ...], 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.

F32 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 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

F27 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)

F28 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

F29 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)

F30 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

F31 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)

F32 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

F33 6A E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 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) [F34 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) [F34 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) [F34 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

F34 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 [F35 the Commission F36 ...] 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

F35 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

F36 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

F37 8A E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F38 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

Delegation E+W

[F39 13 (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.]

Textual Amendments

F39 Sch. 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))