C2C3C4C5C7C8C9Part III Conduct of local government members and employees

Annotations:

C5C9Chapter II Investigations etc: England

Investigations F1by ethical standards officers

Annotations:
Amendments (Textual)
F1

Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)

C1I1C5C661C5 Procedure in respect of investigations.

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.