61 Procedure in respect of investigations.E+W
(1)The procedure for conducting an investigation under section 59 is to be such as the ethical standards officer considers appropriate in the circumstances of the case.
(2)Without prejudice to subsection (1), the ethical standards officer must give any person who is the subject of an investigation under section 59 an opportunity to comment on any allegation that he has failed, or may have failed, to comply with the relevant authority concerned’s code of conduct.
(3)An ethical standards officer may, if he thinks fit, pay to persons who attend or furnish information for the purposes of an investigation under section 59—
(a)such sums in respect of the expenses properly incurred by them, and
(b)such allowances by way of compensation for the loss of their time,
as may be determined by the Secretary of State.
(4)The carrying out of an investigation under section 59 is not to affect—
(a)any action taken by the relevant authority concerned, or
(b)any power or duty of the relevant authority concerned to take further action with respect to any matters which are the subject of the investigation.
(5)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, any reference in subsection (4) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
Modifications etc. (not altering text)
C1S. 61 modified (W.) (28.7.2001) by S.I. 2001/2286, art. 2, Sch. 1
Commencement Information
I1S. 61 wholly in force at 28.7.2001; s. 61 not in force at Royal Assent see s. 108; s. 61 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 61 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)