Section 28 Procedure in respect of investigations.C3 C1 C2

England and Wales

(1)

Where a Local Commissioner proposes to F1 investigate a matter under this Part of this Act , he shall afford to the authority concerned, and to any person who is alleged in the complaint F2 (if any), or who otherwise appears to the Local Commissioner, to have taken or authorised F3 the action which would be the subject of the investigation , an opportunity to comment on F4 the matter .

(2)

Every F5 investigation under this Part of this Act shall be conducted in private, but except as aforesaid the procedure for conducting an investigation shall be such as the Local Commissioner considers appropriate in the circumstances of the case; and without prejudice to the generality of the preceding provision F6—

(a)

the Local Commissioner may, as well as adopting different procedure for different cases, adopt different procedure for cases of different descriptions; and

(b)

the Local Commissioner may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and may determine whether any person may be represented (by counsel or solicitor or otherwise) in the investigation.

(3)

The Local Commissioner may, if he thinks fit, pay to the person by whom the complaint F7 (if any) was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part of this Act—

(a)

sums in respect of the expenses properly incurred by them;

(b)

allowances by way of compensation for the loss of their time,

F8...

(4)

The conduct of an investigation under this Part of this Act shall not affect any action taken by the authority concerned F9 or any other person , or any power or duty of F10 the authority concerned or any other person to take further action with respect to any matters subject to the investigation.

F11(5)

The differential procedure authorised by subsection (2)(a) includes (in particular) procedure for cases of a particular description that is expected to be faster than that for at least some other cases.

Annotations

Textual amendments

F1: Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F2: Words in s. 28(1) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F3: Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F4: Words in s. 28(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(2)(d); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F5: Words in s. 28(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(3); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F6: Words in s. 28(2) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(2), 4(2)
F7: Words in s. 28(3) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(4)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F8: Words in s. 28(3) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(4)(b), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))
F9: Words in s. 28(4) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(5)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F10: Words in s. 28(4) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 4(5)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))
F11: S. 28(5) inserted (26.5.2015) by Local Government (Review of Decisions) Act 2015 (c. 22), ss. 2(3), 4(2)

Modifications

C1: Ss. 27–30 modified by S.I. 1986/452, art. 8(3)
C2: S. 28 power to apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 70(2), 108(4)-(6); S.I. 2000/2948, art. 2
C3: S. 28: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

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