C1C2C3C4C5C6C7Part 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)
Pt. 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
C4C7Chapter II Investigations etc: England
Reports etc. F1by ethical standards officers
Words 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)
I165 Interim reports.
1
Where he considers it necessary in the public interest, an ethical standards officer may, before the completion of an investigation under section 59, produce an interim report on that investigation.
2
An interim 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.
3
Where the prima facie evidence is such that it appears to the ethical standards officer producing the interim report—
a
that the person who is the subject of the report has failed to comply with the code of conduct of the relevant authority concerned,
b
that the nature of that failure is such as to be likely to lead to disqualification under section F578A, and
c
that it is in the public interest to suspend or partially suspend that person immediately,
the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
4
Where an ethical standards officer produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the F6First-tier Tribunal for adjudication.
F24A
The Secretary of State may by regulations make provision for or in connection with the withdrawal of a reference under subsection (4).
5
A copy of any report under this section must be given—
a
to any person who is the subject of the report,
b
to the monitoring officer of the relevant authority concerned, and
c
to the F7First-tier Tribunal.
F35A
A copy of any report under this section may be given to the standards committee of the relevant authority concerned if the ethical standards officer believes that it will assist that committee in the discharge of its functions under this Part.
6
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 second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
b
F4any reference in subsection (5)(b) or (5A) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
7
In this Part “partially suspended” and cognate expressions are to be construed in accordance with section 83(7) and (8).
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)