Part III Conduct of local government members and employees
Chapter II Investigations etc: England
Investigations by ethical standards officers
60 Conduct of investigations.
(1)
An ethical standards officer may arrange for any person to assist him in the conduct of any investigation under section 59.
(2)
An ethical standards officer to whom an investigation under section 59 is assigned may—
(a)
cease the investigation at any stage before its completion, and
(b)
refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.
(3)
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, an ethical standards officer may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (2)(b), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.
(4)
An ethical standards officer may not at any time conduct an investigation under section 59 in relation to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the ethical standards officer has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
(5)
An ethical standards officer who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an investigation under section 59—
(a)
must disclose the nature of his interest to the Standards Board for England, and
(b)
may not take part in any investigation under that section which relates to that matter.
(6)
The validity of any acts of an ethical standards officer are not to be affected by any contravention of subsection (4) or (5) or paragraph 3(2) of Schedule 4 or any breach falling within paragraph 3(3) of that Schedule.