- Latest available (Revised)
- Point in Time (05/03/2008)
- Original (As enacted)
Version Superseded: 18/01/2010
Point in time view as at 05/03/2008.
Local Government Act 2000, SCHEDULE 4 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 57.
1(1)The Standards Board for England (referred to in this Schedule as the Standards Board) is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W
(2)The members and employees of the Standards Board are not to be regarded as civil servants and the property of the Board is not be regarded as property of, or held on behalf of, the Crown.
Commencement Information
I1Sch. 4 para. 1 wholly in force at 28.7.2001; Sch. 4 para. 1 not in force at Royal Assent see s. 108; Sch. 4 para. 1 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 1 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
2(1)The Standards Board may do such things and enter into such transactions as are calculated to facilitate, or are incidental or conducive to, the exercise of—E+W
(a)the functions of the Board,
(b)the functions of its ethical standards officers, F1...
(c)the functions of the president, deputy president or any tribunal of the Adjudication Panel for England.
[F2(d)the functions of the standards committee of a relevant authority in England, or
(e)the functions of the monitoring officer of a relevant authority in England.]
(2)The power under sub-paragraph (1) includes power to acquire and dispose of land.
(3)Nothing in sub-paragraph (2) affects the generality of the power under sub-paragraph (1).
Textual Amendments
F1Word in Sch. 4 para. 2(1) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 190(2)(a), 245(5), Sch. 18 Pt. 15 (with s. 201); S.I. 2008/172, art. 2(1)(l)(u)(ii) (with art. 2(2))
F2Sch. 4 para. 2(1)(d)(e) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 190(2)(b), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(l) (with art. 2(2))
Commencement Information
I2Sch. 4 para. 2 wholly in force at 28.7.2001; Sch. 4 para. 2 not in force at Royal Assent see s. 108; Sch. 4 para. 2 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 2 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
3(1)A person is to be disqualified for being appointed as, or for being, a member of the Standards Board if he is disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority.E+W
(2)A person may not be employed as an ethical standards officer if—
(a)he is disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority,
(b)he is a member or an officer of a relevant authority, or
(c)he is a member of a committee, sub-committee, joint committee or joint sub-committee of a relevant authority.
(3)An ethical standards officer is to be treated as being in breach of the terms of his employment if—
(a)he becomes disqualified for being, or becoming (whether by election or otherwise), a member of a local authority or a member of a relevant authority,
(b)he becomes a member or an officer of a relevant authority, or
(c)he becomes a member of a committee, sub-committee, joint committee or joint sub-committee of a relevant authority.
(4)In this paragraph “local authority” has the meaning given by section 270(1) of the M1Local Government Act 1972.
Commencement Information
I3Sch. 4 para. 3 wholly in force at 28.7.2001; Sch. 4 para. 3 not in force at Royal Assent see s. 108; Sch. 4 para. 3 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 3 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
4E+WThe Secretary of State must appoint one of the members of the Standards Board to be chairman and another to be deputy chairman.
Commencement Information
I4Sch. 4 para. 4 wholly in force at 28.7.2001; Sch. 4 para. 4 not in force at Royal Assent see s. 108; Sch. 4 para. 4 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 4 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
5(1)Subject to the provisions of this paragraph, a person is to hold and vacate office as chairman, deputy chairman or member of the Standards Board in accordance with the terms of his appointment.E+W
(2)A chairman, deputy chairman or member of the Standards Board may at any time resign his office by notice in writing addressed to the Secretary of State.
(3)The Secretary of State may remove a chairman, deputy chairman or member of the Standards Board from office if the Secretary of State considers—
(a)that that person is unable or unfit to discharge the functions of his office, or
(b)that that person has not complied with the terms of his appointment.
(4)If a chairman or deputy chairman of the Standards Board ceases to be a member of the Board he is also to cease to be chairman or deputy chairman.
(5)A person who ceases, otherwise than by virtue of sub-paragraph (3), to be a chairman, deputy chairman or member of the Standards Board is to be eligible for re-appointment.
Commencement Information
I5Sch. 4 para. 5 wholly in force at 28.7.2001; Sch. 4 para. 5 not in force at Royal Assent see s. 108; Sch. 4 para. 5 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 5 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
6(1)Subject to sub-paragraph (2), the Standards Board may appoint a chief executive but any such appointment requires the consent of the Secretary of State.E+W
(2)The first appointment to the position of chief executive may be made by the Secretary of State after consultation with the chairman (or chairman designate) of the Standards Board.
(3)The Standards Board may, in addition to appointing a chief executive and ethical standards officers, appoint such employees as it considers necessary for the purpose of enabling the Board and its ethical standards officers to exercise their functions.
(4)The Standards Board may also appoint such employees as it considers necessary for the purpose of enabling the president, deputy president and any tribunals of the Adjudication Panel for England to exercise their functions.
(5)No person employed by the Standards Board is to be employed for the purposes of both—
(a)assisting any ethical standards officer in the conduct of an investigation under section 59, and
(b)enabling the president, deputy president and any tribunals of the Adjudication Panel for England to exercise their functions.
(6)Subject to paragraph 7, employees of the Standards Board are to be appointed on such terms and conditions of service as the Board, with the approval of the Secretary of State, thinks fit.
Commencement Information
I6Sch. 4 para. 6 wholly in force at 28.7.2001; Sch. 4 para. 6 not in force at Royal Assent see s. 108; Sch. 4 para. 6 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 6 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
7(1)The Standards Board may pay to—E+W
(a)any member of the Board such remuneration or allowances (if any) as the Secretary of State may determine,
(b)any employee of the Board such remuneration or allowances as the Secretary of State may determine.
(2)The Standards Board may—
(a)pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any persons who have been or are members or employees of the Board,
(b)make such payments as the Secretary of State may determine towards the provision of pensions, allowances or gratuities to or in respect of any such persons,
(c)provide and maintain such schemes (whether contributory or not) as the Secretary of State may determine for the payment of pensions, allowances or gratuities to or in respect of any such persons.
(3)Any reference in sub-paragraph (2) to pensions, allowances or gratuities to or in respect of any persons who have been or are members or employees of the Standards Board includes pensions, allowances or gratuities by way of compensation to or in respect of any members or employees of the Board who cease to hold office or suffer loss of office or employment.
Commencement Information
I7Sch. 4 para. 7 wholly in force at 28.7.2001; Sch. 4 para. 7 not in force at Royal Assent see s. 108; Sch. 4 para. 7 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 7 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
8E+WThe Standards Board may pay to any member of the Adjudication Panel for England such remuneration, fees or allowances (if any) as the Secretary of State may determine.
Commencement Information
I8Sch. 4 para. 8 wholly in force at 28.7.2001; Sch. 4 para. 8 not in force at Royal Assent see s. 108; Sch. 4 para. 8 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 8 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
9(1)The Standards Board may regulate its own procedure (and in particular may specify a quorum for meetings).E+W
(2)The validity of any proceedings of the Standards Board is not to be affected—
(a)by any vacancy among its members or in the office of chairman or deputy chairman,
(b)by any defect in the appointment of any person as chairman, deputy chairman or member, or
(c)by a contravention of paragraph 3 or 10.
Commencement Information
I9Sch. 4 para. 9 wholly in force at 28.7.2001; Sch. 4 para. 9 not in force at Royal Assent see s. 108; Sch. 4 para. 9 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 9 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Textual Amendments
F3Sch. 4 para. 9A and heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 112, 128(3)(a); S.I. 2003/2938, art. 2(a) (with art. 8 Sch.)
9AU.K.The Standards Board may delegate any of its functions to—
(a)a committee or sub-committee established by the Board,
(b)an individual member of the Board, or
(c)an officer or servant of the Board.]
10(1)A member of the Standards Board who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Board—E+W
(a)must disclose the nature of his interest to the meeting, and
(b)must not take part in any deliberation or decision of the Board with respect to that matter.
(2)A member is taken to be interested under sub-paragraph (1), in particular, where the matter being considered is a failure to comply with the code of conduct of a relevant authority and he is, or has been—
(a)a member or officer of that authority, or
(b)a member of a committee, sub-committee, joint committee or joint sub-committee of that authority.
Commencement Information
I10Sch. 4 para. 10 wholly in force at 28.7.2001; Sch. 4 para. 10 not in force at Royal Assent see s. 108; Sch. 4 para. 10 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 10 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
11E+WFor the purposes of the law of defamation, any statement (whether written or oral) made by an ethical standards officer in connection with the exercise of his functions shall be absolutely privileged.
Commencement Information
I11Sch. 4 para. 11 wholly in force at 28.7.2001; Sch. 4 para. 11 not in force at Royal Assent see s. 108; Sch. 4 para. 11 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 11 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
12(1)The Secretary of State must pay to the Standards Board in respect of each financial year such amount as he determines to be the amount required—E+W
(a)for the performance during that year of the functions of the Board, and
(b)for the performance during that year of the functions of its ethical standards officers.
(2)Any determination under sub-paragraph (1) requires the approval of the Treasury.
(3)In this paragraph “financial year” means—
(a)the period beginning with the date on which the Standards Board is established and ending with the next 31st March following that date, and
(b)each successive period of twelve months ending with 31st March.
Commencement Information
I12Sch. 4 para. 12 wholly in force at 28.7.2001; Sch. 4 para. 12 not in force at Royal Assent see s. 108; Sch. 4 para. 12 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 12 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
13(1)The Standards Board must—E+W
(a)keep proper accounts and records in relation to the accounts, and
(b)prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.
(2)The accounts of the Standards Board [F4in respect of financial years ending on or before 31st March 2004]must be audited by persons appointed for the purpose for each[F5such] financial year by the Secretary of State.
(3)A copy of any accounts of the Standards Board audited under sub-paragraph (2), and of the report made on those accounts by the persons appointed to audit them, must be sent to the Secretary of State as soon as reasonably practicable after the report is received by the Board.
(4)The Secretary of State must lay before Parliament a copy of any accounts or report sent to him under sub-paragraph (3).
[F6(4A)The Standards Board must send to the Comptroller and Auditor General a copy of the statement of accounts prepared under sub-paragraph (1) in respect of each financial year ending on or after 31st March 2005 as soon as reasonably practicable after the end of the financial year to which the statement relates.
(4B)The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him by the Board under sub-paragraph (4A) and must lay a copy of the statement and his report on it before each House of Parliament.]
(5)In this paragraph “financial year” has the meaning given by paragraph 12(3).
Textual Amendments
F4Words in Sch. 4 para. 13(2) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 20(2)(a)
F5Word in Sch. 4 para. 13(2) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 20(2)(b)
F6Sch. 4 para. 13(4A)(4B) inserted (23.5.2003) by Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 (S.I. 2003/1326), arts. 1, 20(3)
Commencement Information
I13Sch. 4 para. 13 wholly in force at 28.7.2001; Sch. 4 para. 13 not in force at Royal Assent see s. 108; Sch. 4 para. 13 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 13 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
14(1)As soon as possible after the end of each financial year the Standards Board must publish a report on the discharge of its functions during that year.E+W
(2)The Standards Board must send a copy of each annual report to the Secretary of State who must lay a copy of the report before each House of Parliament.
(3)In this paragraph “financial year” has the meaning given by paragraph 12(3).
Commencement Information
I14Sch. 4 para. 14 wholly in force at 28.7.2001; Sch. 4 para. 14 not in force at Royal Assent see s. 108; Sch. 4 para. 14 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 14 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
15E+WThe application of the seal of the Standards Board is to be authenticated by the signature—
(a)of the chairman, or
(b)of some other member who has been authorised by the Board (whether generally or specially) for that purpose.
Commencement Information
I15Sch. 4 para. 15 wholly in force at 28.7.2001; Sch. 4 para. 15 not in force at Royal Assent see s. 108; Sch. 4 para. 15 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 15 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
16E+WA document purporting to be duly executed under the seal of the Standards Board or to be signed on its behalf may be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.
Commencement Information
I16Sch. 4 para. 16 wholly in force at 28.7.2001; Sch. 4 para. 16 not in force at Royal Assent see s. 108; Sch. 4 para. 16 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 16 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
17U.K.In Schedule 2 to the M2Parliamentary Commissioner Act 1967 (departments etc subject to investigation) the following entry is inserted at the appropriate place—
“Standards Board for England.”
Commencement Information
I17Sch. 4 para. 17 wholly in force at 28.7.2001; Sch. 4 para. 17 not in force at Royal Assent see s. 108; Sch. 4 para. 17 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 17 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
18(1)In the M3House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified) the following entry is inserted at the appropriate place—U.K.
“The Standards Board for England.”
(2)The same entry is inserted at the appropriate place in Part II of Schedule 1 to the M4Northern Ireland Assembly Disqualification Act 1975.
Commencement Information
I18Sch. 4 para. 18 wholly in force at 28.7.2001; Sch. 4 para. 18 not in force at Royal Assent see s. 108; Sch. 4 para. 18 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, arts. 1(2), 2; Sch. 4 para. 18 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: