Section 34 Interpretation of Part III.C2 C1

England and Wales

(1)

In this Part of this Act, unless the context otherwise requires—

“action” includes failure to act, and other expressions connoting action shall be construed accordingly,
F1“the Commission” means the Commission for Local Administration in England,
F2“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
F3“housing ombudsman” means a housing ombudsman under a scheme approved under Schedule 2 to the Housing Act 1996,
“local authority” means a county council F4in England , . . . F5 a district council, F6the Broads Authority F7..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,
F8“mayor and cabinet executive” F9has the same meaning as in Part II of the Local Government Act 2000;
“member”,
1. (a)
  F10F11in relation to the Greater London Authority, means—
  1. (i)
    the Mayor of London,
  2. (ii)
    the Deputy Mayor, or
  3. (iii)
    a member of the London Assembly;
2. (b)
  F12...
3. (c)
  ...
F13...
" person affected ”—
1. (a)
  in relation to a matter which is the subject of a complaint made or to be made under this Part of this Act, means the member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and
2. (b)
  in relation to a matter coming to the attention of a Local Commissioner to which section 26D applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;
“Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
“tribunal” includes the person constituting a tribunal consisting of one person.

In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).

(2)

Section 269 of the M1Local Government Act 1972 (which relates to the meaning of “England” and “Wales” in Acts passed after 1st April 1974) shall apply to this Part of this Act as if it had been passed after that date.

(3)

It is hereby declared that nothing in this Part of this Act authorises or requires a Local Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.

Annotations

Textual amendments

F1

Words in s. 34(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F2

S. 34(1): definition of

“executive”

and

“executive arrangements”

inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(2) and definition of “executive”and “executive arrangements”inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(2)

F3

Words in s. 34(1) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 182(7), 240(2); S.I. 2013/722, art. 2(d)

F4

Words in s. 34(1) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F5

Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F6

Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12

F7

Words in s. 34(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F8

S. 34(1): definition of “mayor and cabinet executive”and “mayor and council manager executive”inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(2)

F9

Word in s. 34 substituted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(2), Sch. 3 para. 15(2)

F10

S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F11

Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F12

Words in s. 34(1) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 10(a), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

F13

Words in s. 34(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 10(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F14

Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II

F15

S. 34(1A) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 178(2), 245(5); S.I. 2008/917, art. 2(1)(k)

Marginal citations

M1: 1972 c. 70.

Modifications

C1: Ss. 31–34 modified by S.I. 1986/452, art. 8(3)
C2: S. 34: 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