Part 9The Commission for Local Administration in England

I1171Power to investigate

Before section 25 of the Local Government Act 1974 insert—

24APower to investigate

1

Under this Part of this Act, a Local Commissioner may investigate a matter—

a

which relates to action taken by or on behalf of an authority to which this Part of this Act applies,

b

which is subject to investigation under this Part of this Act by virtue of section 26, and

c

in relation to which subsection (2), (3) or (5) is satisfied.

2

This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.

3

This subsection is satisfied if, in relation to the matter—

a

a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and

b

the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.

4

Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.

5

This subsection is satisfied if—

a

the matter has come to the attention of a Local Commissioner, and

b

section 26D applies to the matter.

6

In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.

7

Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—

a

not to investigate a matter, or

b

to discontinue an investigation of a matter,

if he is satisfied with action which the authority concerned have taken or propose to take.