Part II General Functions and Procedure

General local authority provisions

C1C274 Investigation by Commission for Local Administration.

1

Part III of the M1Local Government Act 1974 (local government administration) shall be amended as follows.

2

In section 25(1) (authorities to which the Part applies) after paragraph (a) there shall be inserted—

aaa

the Greater London Authority;

3

In section 25, after subsection (4) (which extends references to certain authorities to include their members, committees, etc) there shall be inserted—

4A

Any reference to an authority to which this Part of this Act applies also includes, in the case of the Greater London Authority, a reference to each of the following—

a

the London Assembly;

b

any committee of the London Assembly;

c

any body or person exercising functions on behalf of the Greater London Authority.

4

In section 30 (reports on investigations) after subsection (2) there shall be inserted—

2AA

If the authority concerned is the Greater London Authority—

a

the duty imposed by subsection (1)(c) above shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly; and

b

in a case falling within subsection (2) above, the duty imposed by that subsection shall be discharged by sending the report or statement to both the Mayor of London and the London Assembly.

5

After subsection (3) of that section (which restricts the naming or identification of persons) there shall be inserted—

3AA

Nothing in subsection (3) above prevents a report—

a

mentioning the name of, or

b

containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.

6

After subsection (7) of that section there shall be added—

8

Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority (other than functions exercisable by or in relation to the proper officer of the Authority) shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to the proper officer or a member of the authority concerned) shall be construed accordingly.

7

In section 31 (reports on investigations: further provisions) after subsection (3) there shall be added—

4

Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

8

In section 31A (consideration of adverse reports) in subsection (6) (which provides that section 25(4) and (5) do not apply) after 25(4) there shall be inserted “ , (4A) ”.

9

After subsection (6) of that section there shall be inserted—

7

Where the authority concerned is the Greater London Authority, any functions exercisable under this section by or in relation to the Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to the authority concerned (other than references to a member of the authority concerned) shall be construed accordingly.

10

In section 34(1) (interpretation of Part III) in the definition of member, after the word member, there shall be inserted—

a

in relation to the Greater London Authority, means—

i

the Mayor of London,

ii

the Deputy Mayor, or

iii

a member of the London Assembly;

b

and before the words in relation to a National Park Authority there shall be inserted “ (c) ”.