PART 9CONDUCT OF COUNCILLORS

Decisions and recommendations

61Recommendations

(1)

The Commissioner, having adjudicated on any matter, may make recommendations to a council about any matters relating to—

(a)

the exercise of the council's functions; or

(b)

the failure to observe the code of conduct.

(2)

The Commissioner—

(a)

must send a copy of any recommendations under subsection (1) to the Department; and

(b)

may send a copy of those recommendations to any other public body.

(3)

A council to which recommendations are made under subsection (1) must—

(a)

consider the recommendations; and

(b)

within such period beginning with the day on which the recommendations are received as the Commissioner may specify, prepare a report for the Department giving details of what action the council has taken or is proposing to take as a result of the recommendations.

(4)

A council's function of considering a report under subsection (3) may be discharged only by the council (and accordingly, is not to be a function to which section 7 applies).

(5)

If the Department is not satisfied with the action the council has taken or proposes to take in relation to the recommendations, the Department may require the council to publish a statement giving details of the recommendations made by the Commissioner and of the council's reasons for not fully implementing the recommendations.