Paragraph 1

England and Wales

(1)

A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—

(a)

he is disqualified for being elected, or being, a member of F1 any authority to which Part 3 of this Act applies; or

(b)

he is a member of any of those authorities F2....

(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 F3—

(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.

F4(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.

F5(2C)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F6... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

Annotations

Textual amendments

F1: 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)
F2: Words in Sch. 4 para. 1(1)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 179(2)(b), 245(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(l)(ii)(v)
F3: 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)
F4: Sch. 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
F5: Sch. 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)
F6: Words in Sch. 4 para. 1(3) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(2), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

Notes on Schedule 4

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

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