The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003

Hearings by standards committees

6.—(1) Where a monitoring officer refers to a standards committee a report received from the ethical standards officer under section 64(2) or 71(2) of the Local Government Act 2000 the standards committee shall convene to conduct a hearing in relation to the allegation that the member failed to comply with the authority’s code of conduct or with the code of conduct of any other authority concerned.

(2) The standards committee of an authority shall ensure that—

(a) the hearing is conducted having regard to any guidance issued by the Standards Board(1) pursuant to section 57(5) of the Act;

(b) subject to sub-paragraph (c), the hearing is held within the period of three months beginning on the date on which the monitoring officer first received a report pursuant to sections 64(2) or 71(2) of the Act;

(c) the hearing shall not be held until at least 14 days after the date on which the monitoring officer sent the report under the provisions of regulation 5(a) to the member who is to be the subject of the hearing unless the member concerned agrees to the hearing being held earlier;

(d) any member who is the subject of a report being considered by the standards committee is given an opportunity to present evidence in support of his case; and

(e) any member who is the subject of a report being considered by the standards committee is given the opportunity to make representations at the hearing—

(i) either orally or, if he so chooses, in writing; and

(ii) either himself or, if he so chooses, through any representative appointed by him pursuant to paragraph (7).

(3) A standards committee may, subject to the provisions of paragraph (2), conduct a hearing using such procedures as it considers appropriate in the circumstances.

(4) A standards committee may arrange for the attendance at a hearing of such witnesses as it deems appropriate.

(5) Subject to paragraph (6), a member who is the subject of a hearing may arrange for the attendance at that hearing of such witnesses as he wishes.

(6) A standards committee may place a limit on the number of witnesses a member may call if it is of the view that the number the member proposes to call is unreasonable.

(7) Any member who is the subject of a hearing may be represented by counsel, by a solicitor or, with the prior consent of the standards committee, by any person whom he wishes to represent him.

(8) If a member who is the subject of a report to the standards committee fails to attend a hearing of which he has had notice, the standards committee may—

(a) unless it is satisfied that there is sufficient reason for such failure, consider the allegation and make a determination in the absence of the member; or

(b) adjourn the hearing to another date.

(1)

Section 57(5)(b) of the Act gives the Standards Board for England power to issue guidance to relevant authorities in England and police authorities in Wales on matters relating to the conduct of members and co-opted members of such authorities.