Part IIIU.K. Conduct of local government members and employees

Chapter IIU.K. Investigations etc: England

[F1Written allegationsU.K.

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)

57DPower to suspend standards committee's functionsU.K.

(1)In such circumstances as may be prescribed, the Standards Board for England may direct that, until such time as the direction may be revoked by the Standards Board for England—

(a)sections 57A(2) to (4), 57B(4) and 57C(2) to (4) shall not apply to the standards committee of a specified authority in relation to relevant allegations and relevant requests, and

(b)that standards committee must refer any such allegations or requests to a specified body.

(2)The body which is specified in the direction may be—

(a)the Standards Board for England, or

(b)the standards committee of another relevant authority in England, if that committee has consented to being so specified.

(3)For the purposes of subsection (1) an allegation is “relevant” if it is an allegation under section 57A which—

(a)is received after the direction is given, or

(b)was received before then, but is an allegation in respect of which the standards committee has yet to comply with section 57A(2).

(4)For the purposes of subsection (1) a request is “relevant” if it is a request under section 57B which—

(a)is received after the direction is given, or

(b)was received before then, but relates to an allegation in respect of which the standards committee has yet to comply with section 57A(2) (as applied by section 57B(4)).

(5)In subsection (3) “received”, in relation to an allegation, means—

(a)received under section 57A, or

(b)received on a reference back to the standards committee under section 58 or regulations under section 66.

(6)The Secretary of State may by regulations make provision—

(a)for prescribed provisions of or made under this Part to apply, with or without modifications, where an allegation or request has been referred by reason of a direction (including where it has been referred and subsequently the direction is revoked),

(b)prescribing the circumstances in which the power to revoke a direction under this section is exercisable,

(c)with respect to the procedure to be followed (including the publicity to be given) where a direction has been made or revoked,

(d)modifying section 67(2) in relation to any case where a direction under this section is in force at a time when a Local Commissioner is of the opinion mentioned there,

(e)modifying section 67(2A) in relation to any case where a direction under this section is in force at a time when the Public Services Ombudsman for Wales is of the opinion mentioned there.

(7)The Standards Board for England may issue guidance in connection with—

(a)this section or any regulations under this section, or

(b)any direction under this section.

(8)In this section—

  • prescribed” means prescribed by regulations made by the Secretary of State,

  • specified” means specified in the direction.]