The Local Authorities (Standing Orders) Regulations 1993

Regulation 2

SCHEDULE 1 Standing orders relating to chief officers

PART I PRESCRIBED STANDING ORDERS

Appointments

1.  Where the authority propose to appoint a chief officer, and it is not proposed that the appointment be made exclusively from among their existing officers, they shall—

(a) draw up a statement specifying—

(i) the duties of the officer concerned, and

(ii) any qualifications or qualities to be sought in the person to be appointed;

(b) make arrangements for the post to be advertised in such a way as is likely to bring it to the attention of persons who are qualified to apply for it; and

(c) make arrangements for a copy of the statement mentioned in paragraph (a) to be sent to any person on request.

2.—(1) Where a post has been advertised as provided in standing order 1(b), the authority shall—

(a) interview all qualified applicants for the post, or

(b) select a short list of such qualified applicants and interview those included on the short list.

(2) Where no qualified person has applied, the authority shall make further arrangements for advertisement in accordance with standing order 1(b).

3.  Every appointment of a chief officer shall be made by the authority.

Disciplinary action

4.—(1) No disciplinary action (within the meaning of Part II of the Local Authorities (Standing Orders) Regulations 1992) in respect of the head of the authority’s paid service, except action described in paragraph (2), may be taken by an authority, or by a committee, sub-committee, relevant joint committee or any other person acting on their behalf, other than in accordance with a recommendation in a report made by a designated independent person under regulation 3 of those Regulations.

(2) The action mentioned in paragraph (1) is suspension of the officer for the purpose of investigating the alleged misconduct occasioning the action; and any such suspension shall be on full pay and terminate no later than the expiry of two months beginning on the day on which the suspension takes effect.

PART II AUTHORISED VARIATIONS

1.  The standing orders may provide that—

(a) the steps taken under standing order 1 or 2 above may be taken by a committee, sub-committee or chief officer of the authority;

(b) any chief officer may be appointed by a committee or sub-committee of the authority, or a relevant joint committee.

2.  The standing orders may provide that where the duties of a chief officer include the discharge of functions of two or more local authorities in pursuance of section 101(5) of the Local Government Act 1972—

(a) the steps taken under standing order 1 or 2 above may be taken by a joint committee of those authorities, a sub-committee of that committee or a chief officer of any of the authorities concerned; and

(b) any chief officer may be appointed by such a joint committee, a sub-committee of that committee or a committee or sub-committee of any of those authorities.

3.  There may be excluded from the application of standing orders 1 to 3—

(a) any appointment of a non-statutory chief officer (within the meaning of section 2(7)(a) or (b) of the Act), and

(b) any appointment in pursuance of section 9 (assistants for political groups) of the Act.