Section 24A Power to investigateF1

(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.

Annotations

Textual amendments

F1: S. 24A 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. 171, 245(5); S.I. 2008/917, art. 2(1)(i) (with art. 6(5))

Notes on Part III

Modifications

C1

Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2

Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C3

Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4

Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5

Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

C6