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Part IIIU.K. Conduct of local government members and employees

Chapter IE+W Conduct of members

Modifications etc. (not altering text)

C10Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

Standards committeesE+W

55 Standards committees F1... for parish councils.E+W

(1)A standards committee of a district council is to have the same functions in relation to—

(a)the parish councils for which the district council are the responsible authority, and

(b)the members of those parish councils,

as the standards committee has under section 54(1) and (2) in relation to the district council and the members of the district council.

(2)A standards committee of a unitary county council is to have the same functions in relation to—

(a)the parish councils for which the county council are the responsible authority, and

(b)the members of those parish councils,

as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge [F3a function] conferred by this section, a district council or unitary county council must consult the parish councils for which they are the responsible authority.

(5)[F4 Where a function conferred by this section is to be exercised by a sub-committee of the standards committee of a district council or unitary county council, the number of members of the sub-committee, ] and the term of office of those members, are to be fixed by the standards committee after consultation with the parish councils for which the district council or unitary county council are the responsible authority.

[F5(5A)Subsection (5) is subject to any provision made by regulations under section 53(6)(a) (as applied by section 54A).]

(6)Where the standards committee of a district council or unitary county council discharges [F6any function] conferred by this section, the standards committee—

(a)must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority, and

(b)must ensure that at least one person falling within paragraph (a) is present at any meeting of the committee when matters relating to those parish councils, or the members of those parish councils, are being considered.

[F7(7)Where a sub-committee of the standards committee of a district council or unitary county council discharges any function conferred by this section, the sub-committee—

(a)must include at least one member of the standards committee who falls within section 53(4)(b);

(b)must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority; and

(c)must ensure that at least one person falling within paragraph (b) is present at any meeting of the sub-committee when matters relating to those parish councils, or the members of those parish councils, are being considered.]

(8)F8... regulations under section 53(6)(b) may make provision as to the appointment of persons falling within subsection (6)(a) or (7)(a) or (b) of this section.

F9(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Any function which by virtue of the following provisions of this Part is exercisable by F11... the standards committee of a relevant authority which is a parish council is to be exercisable by F11...—

(a)the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council, or

(b)where that standards committee has appointed a sub-committee [F12with responsibility for that function,] that sub-committee;

F13...

[F14(11A)Any function which by virtue of the following provisions of this Part is exercisable in relation to the standards committee of a relevant authority which is a parish council is to be exercisable in relation to the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council.

(11B)Any reference in the following provisions of this Part to the standards committee of a relevant authority which is a parish council is to be construed in accordance with subsections (11) and (11A).]

(12)A district council or unitary county council are the responsible authority—

(a)in relation to a parish council which is not a common parish council, if the parish is situated within the area of the district council or county council,

(b)in relation to a parish council which is a common parish council—

(i)if the parishes in the group are wholly situated within that area, or

(ii)where that is not the case, if the greatest number of local government electors for the parishes in the group is situated in that area.

(13)In this section “unitary county council” means the council of a county in England in which there are no district councils.

Textual Amendments

Commencement Information

I1S. 55 wholly in force at 28.7.2001; s. 55 not in force at Royal Assent see s. 108; s. 55 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 55 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)