- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8.—(1) Subject to any express provision in these Regulations or in the Standards Committees (Wales) Regulations 2001(1), the practice and procedure to be followed in exercising its functions under these Regulations shall be for the Standards Committee of the relevant authority to decide.
[F1(2) Paragraphs (3) to (3D) apply—
(a)in respect of the Public Services Ombudsman for Wales in the case of an investigation undertaken by the Public Services Ombudsman for Wales and referred to the monitoring officer of the relevant authority under section 71(2) of the 2000 Act; and
(b)in respect of the monitoring officer of the relevant authority in the case of an investigation referred to the monitoring officer under section 70(4) of the 2000 Act.
(3) The Public Services Ombudsman for Wales and the monitoring officer are entitled to attend before the Standards Committee for the purposes of—
(a)presenting the report and/or explaining any of the matters in it; and
(b)otherwise playing such part or assisting the Standards Committee as the Standards Committee considers appropriate.
(3A) The Standards Committee may request the Public Services Ombudsman for Wales or the monitoring officer to attend before it for the purposes of—
(a)presenting the report and/or explaining any of the matters in it; and
(b)otherwise playing such part or assisting the Standards Committee as the Standards Committee considers appropriate.
(3B) A request under paragraph (3A) must not be unreasonably refused and if such request is refused the Public Services Ombudsman for Wales or monitoring officer must give reasons in writing to the Standards Committee for not complying with the request to attend.
(3C) The attendance shall be when the Standards Committee of the relevant authority is considering any representations made by the person who is the subject of the investigation or, if no such representations are made, at any reasonable time.
(3D) The Public Services Ombudsman for Wales and monitoring officer may be represented by counsel or a solicitor.]
(4) If any person who is the subject of the investigation fails to make representations in accordance with [F2regulation 7(1)(b)] above, the Standards Committee may:
(a)unless it is satisfied that there is sufficient reason for such failure, consider the monitoring officer’s report and make a determination in that person’s absence; or
(b)give that person a further opportunity to make representations.
(5) Where appropriate, and in accordance with the provisions of these Regulations, the Standards Committee has power to censure any member or co-opted member (or former member or co-opted member) of [F3a relevant authority], or suspend or partially suspend a member or co-opted member for a period not exceeding 6 months.
(6) Any period of suspension or partial suspension shall commence on the day after:
(a)the expiry of the time allowed to lodge a notice of appeal under Regulation 10(2) below,
(b)receipt of notification of the conclusion of any appeal in accordance with [F4regulation 12(1)(a)(i)] F5... below, or
(c)a further determination by the Standards Committee made after receiving a recommendation from an appeals tribunal under Regulation [F6regulation 12(1)(a)(ii)] below,
whichever occurs last.
Textual Amendments
F1Reg. 8(2)(3)(3A)-(3D) substituted for reg. 8(2)(3) (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(2)
F2Words in reg. 8(4) substituted (5.8.2022) by The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 (S.I. 2022/802), regs. 1, 8(a)
F3Words in reg. 8(5) 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(8)(a)
F4Words in reg. 8(6)(b) substituted (5.8.2022) by The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 (S.I. 2022/802), regs. 1, 8(b)
F5Words in reg. 8(6)(b) omitted (1.4.2016) by virtue of The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(8)(b)
F6Words in reg. 8(6)(c) substituted (5.8.2022) by The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 (S.I. 2022/802), regs. 1, 8(c)
Commencement Information
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: