C1C2C3C4C5C6C11C12C13Part 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
C4C11Chapter II Investigations etc: England
Standards Board for England
F4657 Standards Board for England.
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F25Written 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)
57AC11Written allegations: right to make, and initial assessment
F471
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.
C92
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.
C93
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.
C7C94
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
F481
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.
57CC11Information to be given to subject of allegation
F491
Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.
C10C82
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).
C10C83
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.
C104
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.
F3457DPower to suspend standards committee's functions
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F3558Allegations referred to Standards Board
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Functions of ethical standards officers
F3659 Functions of ethical standards officers.
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Investigations F15by 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)
F3760C4 Conduct of investigations.
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F38C461C4 Procedure in respect of investigations.
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F3962C4 Investigations: further provisions.
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F4063 Restrictions on disclosure of information.
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Reports etc. F8by 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)
F4164 Reports etc.
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F4265 Interim reports.
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F4365ADisclosure by monitoring officers of ethical standards officers' reports
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References to monitoring officers
I166 Matters referred to monitoring officers.
F511
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 F1157A, 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.
F12f
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.
F103A
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.
F94A
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 F13subsections (2) to (4A) or section 66A affects the generality of the power under subsection (1).
6
F14A 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.
66AF7References to F27First-tier Tribunal for action in respect of misconduct
F521
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 F28First-tier Tribunal for a decision on the action that should be taken against the person,
F29b
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c
F32d
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F32e
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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 F33the First-tier Tribunal by regulations under section 78A(4) to (6).
F26Information 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)
F4466BPeriodic returns
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F4566CInformation requests
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F16Consultation 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)
I267 Consultation with F1ombudsmen .
F501
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.
F21A
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 F3the Local Government Act 1974
, a Local Commissioner forms the opinion that F23the 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 F17or regulations under section 66 of this Act
, he may consult the Standards Board for England F18or the standards committee of the relevant authority concerned about the investigation and F24, 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 F1957A.
F42A
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 F20or regulations under section 66 of this Act, he may consult the Standards Board for England F21or 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 F2257A.
3
Consultation under F5any 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
5
In this section “Local Commissioner” has the same meaning as in Part III of the M3Local Government Act 1974.
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)