Local Government Act 1974
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Change 1
SCHEDULE 5 Matters not Subject to Investigation
Section 26. 1 The commencement or conduct of civil or criminal proceedings before any court of law. 2 Action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. 3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— (a) the operation of public passenger transport; (b) the carrying on of a dock or harbour undertaking; (c) the provision of entertainment; (d) the provision and operation of industrial establishments; (e) the provision and operation of markets. (2) Sub-paragraph (1) does not include transactions for or relating to— (a) the acquisition or disposal of land; (b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking. (3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions. (4) Sub-paragraph (1)(e) does not include transactions relating to— (a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or (b) the attachment of any condition to such a licence. 4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters. 5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Any action concerning— (a) the giving of instruction, whether secular or religious, or (b) conduct, curriculum, internal organisation, management or discipline, in any school or other educational establishment maintained by the authority , except so far as relating to special educational needs (within the meaning given by section 579(1) of the Education Act 1996) or additional learning needs (within the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018). 5A Action which— (a) is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and (b) is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008). 5B In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987). 6 Action taken by or on behalf of an authority mentioned in section 25(1)(ba) or (bb) of this Act which is not action in connection with functions in relation to housing — (a) action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or (b) action in connection with functions in relation to anything other than housing. 7 Action taken by or on behalf of an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning. 8 Action taken by or on behalf of the Homes and Communities Agency which is not action in connection with functions in relation to town and country planning.
SCHEDULE 5 Matters not Subject to Investigation
Section 26. 1 The commencement or conduct of civil or criminal proceedings before any court of law. 2 Action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. 3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— (a) the operation of public passenger transport; (b) the carrying on of a dock or harbour undertaking; (c) the provision of entertainment; (d) the provision and operation of industrial establishments; (e) the provision and operation of markets. (2) Sub-paragraph (1) does not include transactions for or relating to— (a) the acquisition or disposal of land; (b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking. (3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions. (4) Sub-paragraph (1)(e) does not include transactions relating to— (a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or (b) the attachment of any condition to such a licence. 4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters. 5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Any action concerning— (a) the giving of instruction, whether secular or religious, or (b) conduct, curriculum, internal organisation, management or discipline, in any school or other educational establishment maintained by the authority , except so far as relating to special educational needs (within the meaning given by section 579(1) of the Education Act 1996) or additional learning needs (within the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018). 5A Action which— (a) is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and (b) is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008). 5B In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987). 6 Action taken by or on behalf of an authority mentioned in section 25(1)(ba) or (bb) of this Act which is not action in connection with functions in relation to housing — (a) action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or (b) action in connection with functions in relation to anything other than housing. 7 Action taken by or on behalf of an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning. 8 Action taken by or on behalf of the Homes and Communities Agency which is not action in connection with functions in relation to town and country planning.
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