C6C10C3C5C1C8C4C2C11C7Part III Conduct of local government members and employees

Annotations:
Modifications etc. (not altering text)
C1

Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C8

Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C4

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

C3C5C9C2C7Chapter I Conduct of members

Annotations:
Modifications etc. (not altering text)
C9

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 committees

I153C5C7 Standards committees.

1

Subject to subsection (2), every relevant authority must establish a committee F1or, with one or more other relevant authorities, a joint committee which is to have the functions conferred on it by or under this Part.

F181ZA

Subsections (1ZB) and (1ZC) apply for the purposes of subsection (1).

1ZB

Where a relevant authority is a corporate joint committee—

a

the reference to establishing a committee is to be read as a reference to establishing a sub-committee;

b

the reference to establishing a joint committee with one or more other relevant authorities is to be read, where all of the other relevant authorities are corporate joint committees, as a reference to establishing a joint sub-committee.

1ZC

The reference to establishing a joint committee is to be read, where one or more of the relevant authorities are corporate joint committees and one or more of the relevant authorities are not corporate joint committees, as a reference to establishing a joint committee which is—

a

a sub-committee in relation to the corporate joint committee (or committees), and

b

a committee in relation to the relevant authority which is not (or relevant authorities which are not) a corporate joint committee.

F61A

In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1) F14(read in accordance with subsections (1ZA) to (1ZC)).

F151B

A relevant authority which is a corporate joint committee must establish its first standards committee within the period of 90 days which begins with the day after the day on which the first regulations under subsection (11) which apply to the corporate joint committee come into force.

2

Subsection (1) does not apply to a F11... community council.

F123

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F124

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F125

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F126

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F127

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F128

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F129

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F1210

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11

The F8Welsh Ministers may by regulations make provision—

a

as to the size and composition of standards committees of relevant authorities F4... (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority F2or authorities concerned),

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,

F13da

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

for or in connection with treating any F5standards committees as bodies to which section 15 of the M1Local Government and Housing Act 1989 does not apply,

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,

k

for or in connection with requiring relevant authorities F7... to send to F16the Public Services Ombudsman for Wales statements which set out the terms of reference of their standards committees.

12

The provision which may be made by virtue of subsection F17... (11)(f) to (i) includes provision which

F3a

applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972;

F9b

in relation to a standards committee which is established by a corporate joint committee and which is not a joint standards committee, disapplies or modifies any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (meetings and proceedings; see also regulation 22 of those Regulations);

c

in relation to a standards committee which is established by a corporate joint committee and which is a joint standards committee, applies or reproduces (with or without modifications) any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (but the power in this paragraph does not affect the exercise of the power in paragraph (a) in relation to such joint standards committees).

F1013

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.