Local Government Act 1974
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Change 1
31A Consideration of adverse reports.
(1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that— (a) no action should be taken on the report, or (b) the action recommended in the report should not be taken, consideration of the report shall be referred to that authority. (1B) For the purposes of subsection (1A)— (a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and (b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)). (1C) Subsection (1A) has effect subject to subsection (3). (3) The restriction imposed by subsection (1A) above does not apply where the report recommends action to be taken by— (a) a joint committee established under section 101 of the Local Government Act 1972, (aa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009, (b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or (c) an admission appeal panel or exclusion review panel mentioned in section 25(5)(c) or (e), and the report is considered by that committee , authority or panel. (4) If an authority considering a further report of the Local Commissioner under section 31(2A) above take into consideration a report by a person or body with an interest in the Local Commissioner’s report, they shall not conclude their consideration of the Local Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Local Commissioner’s report. (5) No individual shall decide or vote on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by a Local Commissioner. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) ... any functions exercisable under this section by or in relation to the Greater London Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to an authority shall be construed accordingly.
31A Consideration of adverse reports.
(1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that— (a) no action should be taken on the report, or (b) the action recommended in the report should not be taken, consideration of the report shall be referred to that authority. (1B) For the purposes of subsection (1A)— (a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and (b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)). (1C) Subsection (1A) has effect subject to subsection (3). (3) The restriction imposed by subsection (1A) above does not apply where the report recommends action to be taken by— (a) a joint committee established under section 101 of the Local Government Act 1972, (aa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009, (b) a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or (c) an admission appeal panel or exclusion review panel mentioned in section 25(5)(c) or (e), and the report is considered by that committee , authority or panel. (4) If an authority considering a further report of the Local Commissioner under section 31(2A) above take into consideration a report by a person or body with an interest in the Local Commissioner’s report, they shall not conclude their consideration of the Local Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Local Commissioner’s report. (5) No individual shall decide or vote on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by a Local Commissioner. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) ... any functions exercisable under this section by or in relation to the Greater London Authority shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to an authority shall be construed accordingly.
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