C1C2C3C5C6C7C10C12C15C16Part III Conduct of local government members and employees
Pt. III applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 14(1)
Pt. III applied (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 9(3)
Pt. III savings for effects of 2005 c. 10, s. 38 (1.4.2006) by The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (S.I. 2006/362), arts. 1(1), 4
Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)
Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)
Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
Pt. III applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 9(3)
Pt. III continued (with modifications) (14.12.2011) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (S.I. 2011/3019), art. 5
Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C3C5C14C12C16Chapter I Conduct of members
Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)
Standards of conduct
I1C949C5C12C16 Principles governing conduct of members of relevant authorities.
F1321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities F133....
F362A
An order under subsection (1) must provide as respects each specified principle—
a
that it applies to a person only when acting in an official capacity; or
b
that it applies to a person only when not acting in an official capacity;
but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B).
2B
A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
F1342C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2D
An order under subsection (2)—
a
may specify principles which are to apply to a person at all times;
b
may specify principles which are to apply to a person otherwise than at all times.
F1353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1354
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Before making an order under this section, the National Assembly for Wales must consult—
a
such representatives of relevant authorities F136... as it considers appropriate,
b
the F4Auditor General for Wales,
c
F6the Public Services Ombudsman for Wales, and
d
such other persons (if any) as it considers appropriate.
6
In this Part “relevant authority” means—
a
a county council F137in Wales,
b
a county borough council,
F129c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F129e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
a community council,
F130g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F130k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3l
a fire and rescue authority F138in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
F131m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131n
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131na
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131nb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—
a
is a member of any committee or sub-committee of the authority, or
b
is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.
I250C12C16 Model code of conduct.
F1401
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities F141... (also referred to in this Part as a model code of conduct).
3
The power under subsection F142... (2) to issue a model code of conduct includes power to revise any such model code which has been issued.
4
A model code of conduct—
a
b
may include provisions which are mandatory, and
c
may include provisions which are optional.
F374A
A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection—
a
that the provision applies to a person only when acting in an official capacity; or
b
that it applies to a person only when not acting in an official capacity;
but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).
4B
A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
F1454C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1454D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4E
A model code of conduct issued under subsection (2) may include—
a
provisions which are to apply to a person at all times;
b
provisions which are to apply to a person otherwise than at all times.
5
Before making an order under this section, F146... the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section.
F1476
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1477
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3C4C3C13C1251C3C12C16 Duty of relevant authorities to adopt codes of conduct.
1
It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct).
2
It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution—
a
adopting a code of conduct in place of their existing code of conduct under this section, or
b
revising their existing code of conduct under this section.
3
A relevant authority may by resolution—
a
adopt a code of conduct in place of their existing code of conduct under this section, or
b
revise their existing code of conduct under this section.
4
A code of conduct or revised code of conduct—
a
must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority,
b
may incorporate any optional provisions of that model code, and
c
may include other provisions which are consistent with that model code.
F384A
Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England F208..., the code must provide—
a
that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or
b
that it applies to a person only when not acting in an official capacity (within that meaning);
but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).
4B
A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code.
4C
The provisions which may be included under subsection (4)(c) F148... include—
a
provisions which are to apply to a person at all times;
b
provisions which are to apply to a person otherwise than at all times.
5
Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection—
a
they must comply with that duty as soon as reasonably practicable after the end of that period, and
b
any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty.
6
As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must—
a
ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours,
b
publish in one or more newspapers circulating in their area a notice which—
i
states that they have adopted or revised a code of conduct,
ii
states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and
iii
specifies the address of that office, and
7
Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.
8
A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate.
9
A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the M2Local Government Act 1972 applies, is not to be a function to which that section applies).
I452C12C16 Duty to comply with code of conduct.
1
A person who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—
a
must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that F40in performing his functions he will observe the authority’s code of conduct for the time being under section 51, and
b
if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
2
The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the M3Local Government Act 1972 F150in relation to a relevant authority may include an undertaking by the declarant that F40in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
3
A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that F40in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
4
A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that F40in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
F395
In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—
a
the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and
b
the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.
Standards committees
I553C5C16 Standards committees.
1
Subject to subsection (2), every relevant authority must establish a committee F217or, with one or more other relevant authorities, a joint committee which is to have the functions conferred on it by or under this Part.
F2121A
In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1).
2
Subsection (1) does not apply to a F151... community council.
F1283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1284
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1286
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1287
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
The F214Welsh Ministers may by regulations make provision—
a
b
as to the term of office of members of any such committees,
c
as to the persons who may, may not or must chair any such committees,
d
as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,
F215da
about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee),
e
f
with respect to the access of the public to meetings of such committees,
g
with respect to the publicity to be given to meetings of such committees,
h
with respect to the production of agendas for, or records of, meetings of such committees,
i
with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees,
j
as to the proceedings and validity of proceedings of any such committees,
12
The provision which may be made by virtue of subsection F154... (11)(f) to (i) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
F21313
A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so.
I654C16 Functions of standards committees.
1
The general functions of a standards committee of a relevant authority are—
a
promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and
b
assisting members and co-opted members of the authority to observe the authority’s code of conduct.
2
Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions—
a
advising the authority on the adoption or revision of a code of conduct,
b
monitoring the operation of the authority’s code of conduct, and
c
advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct.
3
A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.
F413A
In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.
F1554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F2195A
Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.
5B
In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), whenever passed or made.
F1016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2217
A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.
54AC16F1Sub-committees of standards committees
1
A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.
2
Subsection (1) does not apply to functions under section F42...56.
3
A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F157....
F1584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority F159...—
a
regulations under section 53(11) may make provision in relation to such sub-committees, and
b
section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.
6
Subject to F160... any provision made by regulations under section F16153(11)(a) (as applied by this section)—
a
the number of members of a sub-committee under subsection (1), and
b
the term of office of those members,
are to be fixed by the standards committee by which the sub-committee is appointed.
F16255 Standards committees F43... for parish councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56C16 Standards committees or sub-committees for community councils.
1
A standards committee of a county council in Wales is to have the same functions in relation to—
a
the community councils which are situated in the area of the county council, and
b
the members of those community councils,
as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.
2
A standards committee of a county borough council is to have the same functions in relation to—
a
the community councils which are situated in the area of the county borough council, and
b
the members of those community councils,
as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council.
3
A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
4
In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.
5
Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section.
6
Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
7
Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to—
a
the standards committee of the county council or county borough council in whose area the community council is situated, or
b
where that standards committee has appointed a sub-committee under this section, that sub-committee;
and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.
F16356AJoint committees of relevant authorities in England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5C10C16Chapter II Investigations etc: England
Standards Board for England
F11657 Standards Board for England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49Written allegations
Ss. 57A-57D and 58 substituted for s. 58 (31.1.2008 for specified purposes, 8.5.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 185, 245(5) (with s. 201); S.I. 2008/172, art. 6; S.I. 2008/1265, art. 2(a) (with art. 3)
F16457AWritten allegations: right to make, and initial assessment
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16557BRight to request review of decision not to act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1667CInformation to be given to subject of allegation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10257DC16Power to suspend standards committee's functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10358C16Allegations referred to Standards Board
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of ethical standards officers
F10459 Functions of ethical standards officers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations F47by ethical standards officers
Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)
F10560C5C16 Conduct of investigations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106C561C5C16 Procedure in respect of investigations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10762C5C16 Investigations: further provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10863 Restrictions on disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports etc. F35by ethical standards officers
Words in s. 64 cross-heading inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
F10964 Reports etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11065 Interim reports.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11165ADisclosure by monitoring officers of ethical standards officers' reports
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to monitoring officers
F16766 Matters referred to monitoring officers.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16866AReferences to F62First-tier Tribunal for action in respect of misconduct
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50Information to be provided to Standards Board by relevant authority
Ss. 66B, 66C and cross-heading inserted (8.5.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 186, 245(5) (with s. 201); S.I. 2008/1265, art. 2(b) (with art. 3)
F11266BPeriodic returns
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11366CInformation requests
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48Consultation with ombudsmen
S. 67 cross-heading inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 196(1), 245(5) (with s. 201); S.I. 2008/172, art. 4(j)
F169C1767 Consultation with F15ombudsmen .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5C16Chapter III Investigations etc: Wales
F16Public Services Ombudsman for Wales
Pt. III Ch. III cross-heading preceding s. 68 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 9; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)
I768C5C16F17Public Services Ombudsman for Wales .
1
F8The Public Services Ombudsman for Wales is to have the functions conferred on him by this Part and such other functions as may be conferred on him by order made by the National Assembly for Wales under this subsection.
2
F19The Public Services Ombudsman for Wales—
a
b
may issue guidance to relevant authorities F172... in relation to the qualifications or experience which monitoring officers should possess, and
c
may arrange for any such guidance to be made public.
F93
The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of F237the Public Services Ombudsman (Wales) Act 2019 specified in the regulations, treats—
a
functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or
b
expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part.
4
The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of F10...that Act.
F115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations
69C16F18Investigations by the Public Services Ombudsman for Wales.
1
F20The Public Services Ombudsman for Wales may investigate—
a
cases in which a written allegation is made to him by any person that a member or co-opted member (or former member or co-opted member) of a relevant authority F173... has failed, or may have failed, to comply with the authority’s code of conduct, and
b
other cases in which he considers that a member or co-opted member (or former member or co-opted member) of a relevant authority F173... has failed, or may have failed, to comply with the authority’s code of conduct and which have come to his attention as a result of an investigation under paragraph (a).
2
If F21the Public Services Ombudsman for Wales considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.
3
The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.
4
Those findings are—
a
that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,
b
that no action needs to be taken in respect of the matters which are the subject of the investigation,
c
that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or
d
that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1).
5
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F174..., the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly F22if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he must decide to which of those monitoring officers to refer the matters concerned).
I870C5C16 Investigations: further provisions.
1
The National Assembly for Wales may by order make provision with respect to investigations under section 69 (including provision with respect to the obtaining or disclosure of documents or information).
C82
The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications)—
a
any provisions of sections 60 to 63 F175as those sections had effect immediately before their repeal by the Localism Act 2011, or
3
F23The Public Services Ombudsman for Wales may cease an investigation under section 69 at any stage before its completion.
4
Where F24the Public Services Ombudsman for Wales ceases an investigation under section 69 before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.
5
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F176..., F24the Public Services Ombudsman for Wales may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.
Reports etc.
71C16 Reports etc.
1
Where F25 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(a) or (b) is appropriate—
a
he may produce a report on the outcome of his investigation,
b
he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
c
he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
d
where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
2
Where F25 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(c) is appropriate he must—
a
produce a report on the outcome of his investigation,
b
subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
c
send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
3
Where F25 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(d) is appropriate he must—
a
produce a report on the outcome of his investigation,
b
refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1), and
c
send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.
4
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F177...—
a
the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and
b
F26if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.
5
A report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
6
F27The Public Services Ombudsman for Wales must—
a
inform any person who is the subject of an investigation under section 69, and
b
take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
of the outcome of the investigation.
72C16 Interim reports.
1
Where he considers it necessary in the public interest, F28the Public Services Ombudsman for Wales may, before the completion of an investigation under section 69, produce an interim report on that investigation.
2
An interim report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
3
Where the prima facie evidence is such that it appears to F28the Public Services Ombudsman for Wales—
a
that the person who is the subject of the interim report has failed to comply with the code of conduct of the relevant authority concerned,
b
that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and
c
that it is in the public interest to suspend or partially suspend that person immediately,
the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
4
Where F28the Public Services Ombudsman for Wales produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2).
5
A copy of any report under this section must be given—
a
to any person who is the subject of the report,
b
to the monitoring officer of the relevant authority concerned, and
c
to the president of the Adjudication Panel for Wales.
6
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F178...—
a
the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
b
the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
References to monitoring officers
I973C16 Matters referred to monitoring officers.
1
The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section F4570(4) or (5) or 71(2) or (4) are to be dealt with.
2
The provision which may be made by regulations under subsection (1) includes provision for or in connection with—
a
enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,
b
enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authorityF224, or to the standards committee of another relevant authority, in respect of any matters referred to him,
F222ba
enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority,
F223c
enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by—
i
a monitoring officer of a relevant authority, or
ii
the standards committee of another relevant authority.
ca
the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it,
d
enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of F225a relevant authority who is the subject of any such report or recommendation),
e
the publicity to be given to any such reports, recommendations or action.
3
The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—
a
conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,
b
conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.
4
The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—
a
enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)F226...,
b
enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority F227of which they are a member for a limited period,
c
conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.
5
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
F1796
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
74C16 Law of defamation.
For the purposes of the law of defamation, any statement (whether written or oral) made by F30the Public Services Ombudsman for Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.
C16Chapter IV Adjudications
F63The Adjudication Panel for Wales
S. 75 cross-heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 56 (with Sch. 5)
I1075F64Adjudication Panel for Wales.
F671
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel.
F683
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F684
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine.
6
The National Assembly for Wales—
a
must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and
b
may appoint one of those members as deputy president of the Panel.
F697
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Such members of the Adjudication Panel for Wales as the National Assembly for Wales thinks fit must possess such qualifications as may be determined by the National Assembly for Wales.
F709
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible—
a
for training the members of the Panel,
b
for issuing guidance on how tribunals drawn from the Panel are to reach decisions.
F7111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23512
A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Adjudication Panel for Wales may, at the request of the president or the deputy president (if any) and with the approval of the President of Welsh Tribunals, act as a member of a tribunal drawn from the Panel.
Case tribunals and interim case tribunals
I1176 Case tribunals and interim case tribunals.
1
2
3
The president of the F81Adjudication Panel for Wales (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.
4
5
6
The president or the deputy president of the F86Adjudication Panel for Wales may be a member of a case tribunal or interim case tribunal drawn from the Panel.
7
A member of the F87Adjudication Panel for Wales may not at any time be a member of a case tribunal or interim case 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.
8
A member of the F88Adjudication Panel for Wales who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—
a
must disclose the nature of his interest to the president or deputy president of that Panel, and
b
may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.
9
F749A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
A person who is a member of an interim case tribunal which, as a result of an investigation under section F89... 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.
F9011
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
14
The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.
F7615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjudications
I1277C16 Adjudications.
1
A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by—
a
counsel or a solicitor, or
b
any other person whom he desires to represent him.
F912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
F2365
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Regulations under this section may, in particular, include provision—
a
for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses,
b
for requiring persons to furnish further particulars,
c
for prescribing the procedure to be followed in adjudications, including provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,
d
for the award of costs or expenses (including provision with respect to interest and provision with respect to the enforcement of any such award),
e
for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in F211the county court),
f
for the registration and proof of decisions and awards of tribunals.
7
A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (6)(a) or (b) F180... is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
I13C1178C16 Decisions of F65F117the First-tier Tribunal or interim case tribunals.
1
F93In adjudicating on any of the matters which are the subject of an interim report, F118the First-tier Tribunal or an interim case tribunal must reach one of the following decisions—
a
that the person to whom the recommendation mentioned in section F12465(3) or 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,
b
that that person should be suspended or partially suspended from being a member or co-opted member of the F55relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
F512
3
If the decision of F95F121the tribunal concernedF121 the interim case tribunal
is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.
3A
The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).
F1144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A decision of an interim case tribunal under this section shall not prevent F31 the Public Services Ombudsman for Wales from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation.
6
7
A copy of any notice under this section must be given—
a
to any person who is the subject of the notice, and
b
to the monitoring officer of the relevant authority concerned.
F538
Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority—
a
the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,
b
the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,
c
the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty—
i
to give that notice to the standards committee of that other relevant authority, and
ii
to give a copy of that notice to the standards committee of the relevant authority concerned.
8A
Subsection (8) does not apply unless—
a
F125where the relevant authority concerned is in England, the other relevant authority is also in England,
b
F126where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.
9
F929A
F127Where a person is suspended or partially suspended under this section by a decision of the First-tier Tribunal, the person may appeal to the Upper Tribunal—
a
against the suspension or partial suspension; or
b
against the length of the suspension or partial suspension,
(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).
9B
F127An appeal may not be brought under subsection (9A) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007).
9C
F127An appeal may be brought under subsection (9A) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.
9D
F127In any case where the Upper Tribunal is determining an appeal under subsection (9A), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.
10
F97Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person may appeal to the High Court—
a
against the suspension or partial suspension, or
b
against the length of the suspension or partial suspension.
F5211
An appeal may not be brought under subsection (10) except with the leave of the High Court.
F18178ADecisions of F66First-tier Tribunal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18278B Section 78A: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1479C16F56Decisions of case tribunals: Wales.
F57A1
In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.
1
A F61Welsh case tribunal which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.
2
Where a F61Welsh case tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.
3
Where a F61Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4).
4
A person may be—
a
suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or
b
disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.
5
Where a F61Welsh case tribunal makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office).
6
Where a F61Welsh case tribunal makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).
7
Where a F61Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned—
a
stating that the person has failed to comply with that code of conduct, and
b
specifying the details of that failure.
8
Where a F61Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned—
a
stating that the person has failed to comply with that code of conduct,
b
specifying the details of that failure, and
c
stating that the person F59is suspended or partially suspended for the period, and in the way, which the tribunal has decided.
F609
The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).
10
Where a F61Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—
a
stating that the person has failed to comply with that code of conduct,
b
specifying the details of that failure, and
c
stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.
11
The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).
12
A copy of any notice under this section—
F58a
must be given to the Public Services Ombudsman for Wales,
b
must be given to any person who is the subject of the decision to which the notice relates, and
c
must be published in one or more newspapers circulating in the area of the relevant authority concerned.
13
Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F183...
a
a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,
F209b
the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,
c
the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—
i
to give that notice to the standards committee of that other relevant authority, and
ii
to give a copy of that notice to the standards committee of the relevant authority concerned,
d
the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
14
15
Where a F61Welsh case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.
F21016
An appeal may not be brought under subsection (15) except with the leave of the High Court.
I1580 Recommendations by F184... case tribunals.
1
F98Where F185... a case tribunal has adjudicated on any matter under this Act, it may make recommendations to a relevant authority about any matters relating to—
a
the exercise of the authority’s functions,
b
the authority’s code of conduct, or
c
the authority’s standards committee.
2
F186A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant person.
3
A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the F187Public Services Ombudsman for Wales giving details of what action the authority have taken or are proposing to take as a result of the recommendations.
4
A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the M5Local Government Act 1972 applies, is not to be a function to which that section applies).
5
If the F188Public Services Ombudsman for Wales is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the F188Public Services Ombudsman for Wales may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.
F1896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5C16Chapter V Supplementary
Disclosure and registration of members’ interests etc.
I1681C16 Disclosure and registration of members’ interests etc.
1
The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
2
The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
3
The mandatory provisions must also—
a
require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,
b
make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.
4
Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committeeF231, or by the standards committee of another relevant authority, in accordance with regulations made under subsection (5).
5
The F190Welsh Ministers may prescribe in regulations the
F229a
circumstances in which standards committees may grant dispensations under subsection (4),
F230b
procedure to be followed for the granting of dispensations.
6
A relevant authority must ensure that
F232a
copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours,
F233b
the register mentioned in paragraph (a) is published electronically.
7
As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—
a
publish in one or more newspapers circulating in their area a notice which—
i
states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
ii
specifies the address of that office, and
F234iii
states that the register is available to be viewed electronically, and
iv
specifies how to access the electronic version,
F115b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2287A
For the purposes of this section—
a
section 83(13) does not apply, and
b
in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).
F1928
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Code of conduct for local government employees
I1782C5C16 Code of conduct for local government employees.
F1931
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities F194....
3
The power under subsection F195... (2) to issue a code includes power—
a
to issue a separate code for council managers (within the meaning of Part II of this Act), and
b
to revise any code which has been issued.
F1964
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1965
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Before making an order under this section, the National Assembly for Wales must consult—
a
b
the F5Auditor General for Wales, and
c
F13the Public Services Ombudsman for Wales .
7
The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.
8
In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.
9
The power to make regulations under subsection (8) is to be exercised—
F198a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F199... by the National Assembly for Wales.
F2Delegation by monitoring officers
S. 82A and cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(2), 128(2)(d)
C1682AC16Monitoring officers: delegation of functions under Part 3
1
2
Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.
3
Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—
a
to which this section applies, and
b
which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,
those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.
4
Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed.
5
Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—
a
pay the person a reasonable fee for performing the functions,
b
reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and
c
provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.
Interpretation
I1883C16 Interpretation of Part III.
1
In this Part—
F201...
“case tribunal” has the meaning given by section 76(1),
“code of conduct” means a code of conduct under section 51,
“co-opted member” has the meaning given by section 49(7),
“elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),
F202...
“executive” is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
“executive leader” has the meaning given by F34section 11(2A)(a) or (3)(a),
“interim case tribunal” has the meaning given by section 76(2),
F33...
“model code of conduct” is to be construed in accordance with section 50 F204... (2),
F203...
F99...
“relevant authority” has the meaning given by section 49(6).
2
Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
3
Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
F2054
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
6
Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).
7
Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
8
The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.
9
A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
F2399A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.
11
A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—
a
for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and
b
if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.
F20612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
14
Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.
F20715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 14(1)