Local Government Act 2000

[F157AWritten allegations: right to make, and initial assessmentU.K.
This section has no associated Explanatory Notes

(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.]

Textual Amendments

F1Ss. 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)