Paragraph 2 Local Government Act 1974I1

England and Wales Not yet in force

(1)

Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.

(2)

In the heading, for the words from “Local Commissioner” to the end substitute “Local Commissioner and other appropriate persons”.

(3)

In subsection (1)—

(a)

for the words from “subject of an investigation” to “about the matter and,” substitute “subject of a relevant investigation, the Local Commissioner shall consult with the appropriate person about the matter and,”;

(b)

for the words from “initiate a complaint” to the end substitute “initiate a relevant complaint in relation to which the person consulted would be the appropriate person”.

(4)

In subsection (2)—

(a)

for the words from “the Parliamentary Commissioner” to “in relation to” substitute “an appropriate person in relation to”;

(b)

for the words from “consult” to “about” substitute “consult that person about”.

(5)

In subsection (3)—

(a)

for the words from “conducting an investigation” to “the complaint relates” substitute “conducting a relevant investigation, the appropriate person forms the opinion that the complaint to which the investigation relates also relates”;

(b)

for “he”, in both places it occurs, substitute “the appropriate person”.

(6)

After subsection (3) insert—

“(3ZA)

Subsection (3) does not apply in relation to any of the following relevant investigations—

(a)

an investigation by the Health Service Commissioner for England in accordance with the Act of 1993;

(b)

an investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005;

(c)

an investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002.”

(7)

Omit subsections (3A) to (3C).

(8)

In subsection (4), for the words from “subsection (3)” to “subsection (2)”, substitute “subsection (3), a Local Commissioner is consulted about a relevant complaint, subsection (2)”.

(9)

After subsection (5) insert—

“(5A)

In this section—

(a)

“relevant investigation” means an investigation specified in column 1 of the table;

(b)

“relevant complaint” means a complaint specified in column 2 of the table;

(c)

“appropriate person”—

(i)

in relation to a relevant investigation, means the person in column 3 of the table in the row in which the investigation is specified;

(ii)

in relation to a relevant complaint, means the person in column 3 of the table in the row in which the complaint is specified.

1 2 3
Relevant investigations Relevant complaints Appropriate persons

An investigation by the Parliamentary Commissioner in accordance with section 5 of the Act of 1967 A complaint under the Act of 1967 The Parliamentary Commissioner
An investigation by the Health Service Commissioner for England in accordance with the Act of 1993 A complaint under the Act of 1993 The Health Service Commissioner for England
An investigation by a housing ombudsman under the Housing Act 1996 A complaint under the Housing Act 1996 The housing ombudsman
An investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002 A complaint under the Act of 2002 The Scottish Public Services Ombudsman
An investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005 A complaint under the Public Services Ombudsman (Wales) Act 2005 The Public Services Ombudsman for Wales
An investigation by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022) A complaint under the new homes ombudsman scheme The new homes ombudsman
An investigation under a leasehold and estate management redress scheme (see section 100 of the Leasehold and Freehold Reform Act 2024) A complaint under a leasehold and estate management redress scheme The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
An investigation under a landlord redress scheme (see section 64 of the Renters’ Rights Act 2025) A complaint under a landlord redress scheme The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme

”

1	2	3
An investigation by the Parliamentary Commissioner in accordance with section 5 of the Act of 1967	A complaint under the Act of 1967	The Parliamentary Commissioner
An investigation by the Health Service Commissioner for England in accordance with the Act of 1993	A complaint under the Act of 1993	The Health Service Commissioner for England
An investigation by a housing ombudsman under the Housing Act 1996	A complaint under the Housing Act 1996	The housing ombudsman
An investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002	A complaint under the Act of 2002	The Scottish Public Services Ombudsman
An investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005	A complaint under the Public Services Ombudsman (Wales) Act 2005	The Public Services Ombudsman for Wales
An investigation by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022)	A complaint under the new homes ombudsman scheme	The new homes ombudsman
An investigation under a leasehold and estate management redress scheme (see section 100 of the Leasehold and Freehold Reform Act 2024)	A complaint under a leasehold and estate management redress scheme	The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
An investigation under a landlord redress scheme (see section 64 of the Renters’ Rights Act 2025)	A complaint under a landlord redress scheme	The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme

Annotations

Commencement

I1: Sch. 3 para. 2 not in force at Royal Assent, see s. 145(1)(7)

1	2	3
Relevant investigations	Relevant complaints	Appropriate persons
An investigation by the Parliamentary Commissioner in accordance with section 5 of the Act of 1967	A complaint under the Act of 1967	The Parliamentary Commissioner
An investigation by the Health Service Commissioner for England in accordance with the Act of 1993	A complaint under the Act of 1993	The Health Service Commissioner for England
An investigation by a housing ombudsman under the Housing Act 1996	A complaint under the Housing Act 1996	The housing ombudsman
An investigation by the Scottish Public Services Ombudsman in accordance with the Act of 2002	A complaint under the Act of 2002	The Scottish Public Services Ombudsman
An investigation by the Public Services Ombudsman for Wales in accordance with the Public Services Ombudsman (Wales) Act 2005	A complaint under the Public Services Ombudsman (Wales) Act 2005	The Public Services Ombudsman for Wales
An investigation by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022)	A complaint under the new homes ombudsman scheme	The new homes ombudsman
An investigation under a leasehold and estate management redress scheme (see section 100 of the Leasehold and Freehold Reform Act 2024)	A complaint under a leasehold and estate management redress scheme	The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme
An investigation under a landlord redress scheme (see section 64 of the Renters’ Rights Act 2025)	A complaint under a landlord redress scheme	The person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme