Part III Conduct of local government members and employees
Chapter II Investigations etc: England
Standards Board for England
F157 Standards Board for England.
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F2Written allegations
57AWritten allegations: right to make, and initial assessment
F3(1)
A person may make a written allegation to the standards committee of a relevant authority in England that a member or co-opted member (or former member or co-opted member) of that authority has failed, or may have failed, to comply with the authority's code of conduct.
(2)
Where a standards committee receives an allegation under subsection (1) it must—
(a)
refer the allegation to the monitoring officer of the relevant authority concerned (see section 66),
(b)
refer the allegation to the Standards Board for England (see section 58), or
(c)
decide that no action should be taken in respect of the allegation.
(3)
Where an allegation under subsection (1) is in respect of a person who—
(a)
is no longer a member or co-opted member of the relevant authority concerned, but
(b)
is a member or co-opted member of another relevant authority in England,
the standards committee may, if it thinks it more appropriate than referring the allegation to the monitoring officer of the relevant authority concerned, refer the allegation to the monitoring officer of that other relevant authority.
(4)
If the standards committee decides that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing, to the person who made the allegation, of the decision and the reasons for the decision.
(5)
Subsections (2) to (4) are subject to any direction under section 57D.
(6)
The Standards Board for England—
(a)
without prejudice to section 54(6), may issue guidance with respect to the exercise of functions under this section and sections 57B and 57C by standards committees of relevant authorities in England;
(b)
may give a direction to the standards committee of a relevant authority in England with respect to the exercise of the committee's functions under this section.
57BRight to request review of decision not to act
F4(1)
This section applies where a decision is made under section 57A(2) that no action should be taken in respect of an allegation.
(2)
The person who made the allegation may make a request to the standards committee of the relevant authority concerned for that decision to be reviewed.
(3)
A request under subsection (2)—
(a)
must be in writing, and
(b)
may not be made after 30 days beginning with the date of the notice under section 57A(4).
(4)
Where a request under subsection (2) is received by a standards committee—
(a)
section 57A(2) to (4) again apply to the standards committee, and
(b)
it must make a reference under section 57A(2)(a) or (b) or (3), or a decision under section 57A(2)(c), within 3 months beginning with the date it received the request.
(5)
If by virtue of subsection (4) a decision is made under section 57A(2) that no action should be taken in respect of an allegation, this section does not apply in relation to that decision.
(6)
Subsection (4) is subject to any direction under section 57D.
57CInformation to be given to subject of allegation
F5(1)
Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.
(2)
The standards committee must take reasonable steps to give a written summary of the allegation to the person who is the subject of the allegation (“P”); but this is subject to regulations under subsection (7).
(3)
If the standards committee makes a decision under section 57A(2) that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing to P of the decision and the reasons for the decision.
(4)
If the standards committee receives a request under section 57B in relation to the allegation, it must take reasonable steps to give notice in writing to P of the request.
(5)
The reference in subsection (3) to a decision under section 57A(2) includes a decision under section 57A(2) as applied by section 57B(4) or 58(3).
(6)
Subsections (2) to (4) are subject to any direction under section 57D.
(7)
The Secretary of State may by regulations—
(a)
provide that in circumstances prescribed by the regulations the duty in subsection (2) does not arise at the time the standards committee receives the allegation, and
(b)
make provision, in relation to cases where that duty has been prevented by the regulations from arising at that time, as to when it does arise.
F657DPower to suspend standards committee's functions
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F758Allegations referred to Standards Board
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Functions of ethical standards officers
F859 Functions of ethical standards officers.
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Investigations F9by ethical standards officers
F1060 Conduct of investigations.
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F1161 Procedure in respect of investigations.
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F1262 Investigations: further provisions.
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F1363 Restrictions on disclosure of information.
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Reports etc. F14by ethical standards officers
F1564 Reports etc.
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F1665 Interim reports.
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F1765ADisclosure by monitoring officers of ethical standards officers' reports
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References to monitoring officers
66 Matters referred to monitoring officers.
F18(1)
The Secretary of State 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 F1957A, 60(2) or (3) or 64(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 authority in respect of any matters referred to him,
(c)
enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),
(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 the authority who is the subject of any such report or recommendation),
(e)
the publicity to be given to any such reports, recommendations or action.
F20(f)
enabling a monitoring officer of a relevant authority, in such circumstances as may be prescribed by the regulations, to refer back any matters that were referred to him under section 57A.
(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.
F21(3A)
Provision made by virtue of subsection (2)(a) and (3) may make provision corresponding to or applying, with or without modifications, any provisions of sections 62 and 63 (including sections 62(10) and 63(4)) or section 67(1), (1A) and (3) to (5).
(3B)
The provision which may be made by virtue of subsection (2)(b) includes provision for or in connection with—
(a)
interim reports;
(b)
the disclosure of reports.
(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) of the authority,
(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 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.
F22(4A)
The provision which may be made by virtue of subsection (2)(f) includes provision applying any provisions of section 57A or 57C, with or without modifications, where matters have been referred back by the monitoring officer.
(5)
Nothing in F23subsections (2) to (4A) or section 66A affects the generality of the power under subsection (1).
(6)
F24A person who refers any matters to the monitoring officer of a relevant authority under section 57A, 60(2) or (3) or 64(2) or (4), may give directions to the monitoring officer as to the way in which those matters are to be dealt with.
F2566AReferences to F26First-tier Tribunal for action in respect of misconduct
(1)
The provision which may be made by regulations under section 66 by virtue of subsection (2)(d) of that section also includes provision for or in connection with—
(a)
enabling a standards committee, where it considers that the action it could take against a person is insufficient, to refer the case to the F27First-tier Tribunal for a decision on the action that should be taken against the person,
F28(b)
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(c)
F31(d)
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F31(e)
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(2)
The kinds of action that may be authorised by virtue of subsection (1)(c) include any kinds of action that may be authorised in relation to F32the First-tier Tribunal by regulations under section 78A(4) to (6).
F33Information to be provided to Standards Board by relevant authority
F3466BPeriodic returns
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F3566CInformation requests
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F36Consultation with ombudsmen
67 Consultation with F37ombudsmen .
F38(1)
If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the M1Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.
F39(1A)
If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part 2 of the Public Services Ombudsman (Wales) Act 2005, he may consult the Public Services Ombudsman for Wales about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part 2 of that Act.
(2)
If, at any stage in the course of conducting an investigation under Part III of F40the Local Government Act 1974
, a Local Commissioner forms the opinion that F41the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under section 59 of this Act F42or regulations under section 66 of this Act
, he may consult the Standards Board for England F43or the standards committee of the relevant authority concerned about the investigation and F44, where a complaint was made about the matter, he may
, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section F4557A.
F46(2A)
If, at any stage in the course of conducting an investigation under Part 2 of the Public Services Ombudsman (Wales) Act 2005, the Public Services Ombudsman for Wales forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 59 of this Act F47or regulations under section 66 of this Act, he may consult the Standards Board for England F48or the standards committee of the relevant authority concerned about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section F4957A.
(3)
Consultation under F50any of subsections (1) to (2A) may relate to any matter concerned with the investigation, including—
(a)
the conduct of the investigation, and
(b)
the form, content and publication of any report relating to the investigation.
(4)
Nothing in section 32(2) of the M2Local Government Act 1974F51 , section 26 of the Public Services Ombudsman (Wales) Act 2005 or section 63(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.
(5)
In this section “Local Commissioner” has the same meaning as in Part III of the M3Local Government Act 1974.