Section 32 Interpretation of Part II.

Scotland

(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;
“the Commissioner” means the Commissioner for Local Administration in Scotland;
“person aggrieved” means the person who claims or is alleged to have sustained any such injustice as is mentioned in section 24(1) of this Act;
“the Parliamentary Commissioner” means the Parliamentary Commissioner for Administration;
“the designated body” means the body designated under section 22 of this Act;
“tribunal” includes the person constituting a tribunal consisting of one person.

F1(1A)

In this Part of this Act (other than section 24), references to the authority concerned are—

(a)

in relation to action taken by a person who is discharging by virtue of section 56(1) of the Act of 1973 any of the functions of a local authority, references to the local authority whose functions that person is discharging;

(b)

in relation to action taken by a member or officer of a body which is discharging by virtue of section 56(1) of the Act of 1973 any of the functions of a local authority, references to the local authority whose functions that body is discharging;

(c)

in relation to action taken by a member or officer of an authority to which this Part of this Act applies, (and except where paragraph (a) or (b) above applies) references to the authority of which he is a member or officer.

(2)

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

F2(2A)

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Annotations

Textual amendments

F1: S. 32(1A) inserted (21.5.1997) by 1997 c. 35, ss. 8(5)(a), 11(2)
F2: S. 32(2A) repealed (21.5.1997) by 1997 c. 35, ss. 8(5)(b), 10, 11(2), Sch.

Notes on Part II

Textual amendments

F1: Pt. II repealed (23.10.2002) by Scottish Public Services Ombudsman Act 2002 (asp 11), s. 25(1), Sch. 6 para. 1 (with s. 26(1), Sch. 7) ; S.S.I. 2002/467, art. 2