C5C6C7C8C12C13Part III Conduct of local government members and employees
Pt. III applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 14(1)
Pt. III applied (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 9(3)
Pt. III savings for effects of 2005 c. 10, s. 38 (1.4.2006) by The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (S.I. 2006/362), arts. 1(1), 4
Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)
Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)
C8Chapter II Investigations etc: England
Investigations F3by ethical standards officers
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)
I163C8 Restrictions on disclosure of information.
C1C4C9C141
Information obtained by ethical standards officers under section 61 or 62 must not be disclosed unless one or more of the following conditions is satisfied—
a
the disclosure is made for the purposes of enabling the Standards Board for England, an ethical standards officer, F2the Public Services Ombudsman for Wales or the president, deputy president or any tribunal of either of the Adjudication Panels to perform their functions under this Part,
b
the person to whom the information relates has consented to its disclosure,
c
the information has previously been disclosed to the public with lawful authority,
d
the disclosure is for the purposes of criminal proceedings in any part of the United Kingdom and the information in question was not obtained under section 62(2),
e
the disclosure is made to the Audit Commission for the purposes of any functions of the Audit Commission or an auditor under the M1Audit Commission Act 1998.
F1f
the disclosure is made to the Auditor General for Wales for the purposes of any functions of the Auditor General for Wales or an auditor under Part 2 of the Public Audit (Wales) Act 2004
F4g
the disclosure is made for the purposes of enabling the monitoring officer of a relevant authority to perform functions conferred on him by or under this Part,
h
the disclosure is made to the Commission for Local Administration in England for the purposes of any of its functions,
i
the disclosure is made to the Electoral Commission for the purposes of any of its functions,
j
the disclosure is made to any person specified in an order made by the Secretary of State for the purposes of this paragraph, for purposes so specified.
C2C102
The Secretary of State or a relevant authority in England may give notice in writing to any ethical standards officer with respect to—
a
any document or information specified in the notice, or
b
any class of documents or information so specified,
that, in his or (as the case may be) their opinion, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest.
C3C113
Where notice is given under subsection (2) to an ethical standards officer, any document or information specified in the notice, or any document or information of a class so specified, may not be disclosed by the ethical standards officer or any other person.
4
A person who discloses information or a document in contravention of subsection (1) is guilty of an offence and liable—
a
on summary conviction, to imprisonment for a term not exceeding six months, or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Pt. III applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 14(1)