Local Government Act 1974
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Change 1
SCHEDULE 4 The Commission
Section 23. Disqualifications 1 (1) A person shall be disqualified for being appointed as, or for being, a Local Commissioner if— (a) he is disqualified for being elected, or being, a member of any authority to which Part 3 of this Act applies; or (b) he is a member of any of those authorities .... (2) A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner — (a) has been a member of that authority, (b) has taken action on behalf of that authority in the exercise of any of their functions, or (c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions. (2A) A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions. (2B) In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act. (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The acts and proceedings of a person appointed as a Local Commissioner and acting in that office ... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified. 2A A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies— (a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include— (i) matters relating to the authority, or (ii) matters of a description which may include matters relating to the authority, and (b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration, etc. 3 (1) The Commission shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State may...determine. (2) If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Commission may pay to that person a sum of such amount as the Secretary of State may... determine. (3) Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners. Staff and accommodation 4 (1) The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions. (2) The Commission shall make arrangements to enable Local Commissioners to investigate matters , and in particular arrangements for— (a) allocating members of their staff to assist Local Commissioners, and (b) providing offices and other accommodation. (3) An officer of the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings of the Commission 5 (1) The Commission may determine their own procedure, including the quorum necessary for their meetings. (2) The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission. (3) The Commission shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission. Expenses of the Commission 5A (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission. (2) A determination under sub-paragraph (1) must be approved by the Treasury. 6 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation 13 (1) Any function of a Commissioner may be discharged on the Commissioner's behalf— (a) by any person authorised by the Commissioner to do so, and (b) to the extent so authorised. (2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function. (3) Any function of the Commission may be discharged on the Commission's behalf— (a) by any person authorised by the Commission to do so, and (b) to the extent so authorised. (4) Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.
SCHEDULE 4 The Commission
Section 23. Disqualifications 1 (1) A person shall be disqualified for being appointed as, or for being, a Local Commissioner if— (a) he is disqualified for being elected, or being, a member of any authority to which Part 3 of this Act applies; or (b) he is a member of any of those authorities .... (2) A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner — (a) has been a member of that authority, (b) has taken action on behalf of that authority in the exercise of any of their functions, or (c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions. (2A) A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions. (2B) In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act. (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The acts and proceedings of a person appointed as a Local Commissioner and acting in that office ... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified. 2A A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies— (a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include— (i) matters relating to the authority, or (ii) matters of a description which may include matters relating to the authority, and (b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration, etc. 3 (1) The Commission shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State may...determine. (2) If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Commission may pay to that person a sum of such amount as the Secretary of State may... determine. (3) Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners. Staff and accommodation 4 (1) The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions. (2) The Commission shall make arrangements to enable Local Commissioners to investigate matters , and in particular arrangements for— (a) allocating members of their staff to assist Local Commissioners, and (b) providing offices and other accommodation. (3) An officer of the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings of the Commission 5 (1) The Commission may determine their own procedure, including the quorum necessary for their meetings. (2) The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission. (3) The Commission shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission. Expenses of the Commission 5A (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission. (2) A determination under sub-paragraph (1) must be approved by the Treasury. 6 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation 13 (1) Any function of a Commissioner may be discharged on the Commissioner's behalf— (a) by any person authorised by the Commissioner to do so, and (b) to the extent so authorised. (2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function. (3) Any function of the Commission may be discharged on the Commission's behalf— (a) by any person authorised by the Commission to do so, and (b) to the extent so authorised. (4) Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.
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