Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 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)
C4Pt. 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
C5Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)
C6Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)
C7Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
C8Pt. III applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 9(3)
Textual Amendments
F1Words in s. 64 cross-heading inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(1), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
(1)Where an ethical standards officer determines in relation to any case that a finding under section 59(4)(a) or (b) is appropriate—
(a)he may produce a report on the outcome of his investigation,
(b)he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
(c)he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
(d)where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
(2)Where an ethical standards officer determines in relation to any case that a finding under section 59(4)(c) is appropriate he must—
(a)produce a report on the outcome of his investigation,
(b)subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
(c)send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
(3)Where an ethical standards officer determines in relation to any case that a finding under section 59(4)(d) is appropriate he must—
(a)produce a report on the outcome of his investigation,
(b)refer the matters which are the subject of the investigation to the [F2First-tier Tribunal for adjudication,] and
(c)send a copy of the report to the monitoring officer of the relevant authority concerned and to the [F3First-tier Tribunal].
[F4(3A)Where an ethical standards officer produces a report under subsection (1) or (3), he may send a copy of it to the standards committee of the relevant authority concerned if he believes that it will assist that committee in the discharge of its functions under this Part.]
(4)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—
(a)the references in subsections (1)(b), (c) and (d), (2)(c) [F5 , (3)(c) and (3A) ] to the relevant authority concerned are to be treated as including references to that other relevant authority, and
(b)an ethical standards officer who reaches a finding under section 59(4)(c) must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.
(5)A report under this section may cover more than one investigation under section 59 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
(6)An ethical standards officer must—
(a)inform any person who is the subject of an investigation under section 59, and
(b)take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
of the outcome of the investigation.
[F6(7)The Secretary of State may by regulations make provision for or in connection with the withdrawal of a reference under subsection (3)(b).]
Textual Amendments
F2Words in s. 64(3)(b) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 53(a) (with Sch. 5)
F3Words in s. 64(3)(c) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 53(b) (with Sch. 5)
F4S. 64(3A) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(3), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
F5Words in s. 64(4)(a) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(4), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
F6S. 64(7) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 192(5), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(m)
Commencement Information
I1S. 64 wholly in force at 28.7.2001; s. 64 not in force at Royal Assent see s. 108; s. 64 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 64 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)