Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001

Appeals E+W

11.—(1) Appeals from a determination of a Standards Committee will be conducted:

(a) by an appeals tribunal consisting of not less than three members of the Adjudication Panel for Wales,

(b) by way of an oral hearing unless every person who has given notice of appeal consents to the appeal being conducted by way of written representations in accordance with Regulation 10(3)(b) above.

(2) The president of the Adjudication Panel for Wales (or in his absence [F1 a nominated panel member]) is to appoint the members of any appeals tribunal, and the president [F2 or the nominated panel member] may be a member of a tribunal.

(3) A member of the Adjudication Panel for Wales may not at any time be a member of an appeals tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.

(4) A member of the Adjudication Panel for Wales who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an appeal conducted by an appeals tribunal:

(a) must disclose the nature of his interest to the president of the Panel, and

(b) may not be a member of the appeals tribunal which considers an appeal in relation to that matter.

(5) Subject to any express provision in these Regulations, the practice and procedure to be followed by appeals tribunals drawn from the Adjudication Panel for Wales will be such as the president of the Panel, after consultation with the [F3 Welsh Ministers], will decide.

Textual Amendments

F1 Words in reg. 11(2) substituted (1.4.2016) by The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(11)(a)

F2 Words in reg. 11(2) substituted (1.4.2016) by The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(11)(b)

F3 Words in reg. 11(5) substituted (19.10.2009 with application in accordance with reg. 1(2)) by The Local Authorities (Case and Interim Case Tribunals and Standards Committees) (Amendment) (Wales) Regulations 2009 (S.I. 2009/2578), regs. 1(1), 4(4)

Commencement Information

I1 Reg. 11 in force at 28.7.2001, see reg. 1(1)