Part III Conduct of local government members and employees

Chapter III Investigations etc: Wales

References to monitoring officers

I173 Matters referred to monitoring officers.

1

The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section 70(4) or 71(2) are to be dealt with.

2

The provision which may be made by regulations under subsection (1) includes provision for or in connection with—

a

enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,

b

enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority in respect of any matters referred to him,

c

enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),

d

enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of the authority who is the subject of any such report or recommendation),

e

the publicity to be given to any such reports, recommendations or action.

3

The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—

a

conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,

b

conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.

4

The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—

a

enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member) of the authority,

b

enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority for a limited period,

c

conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.

5

Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).

6

In its application to police authorities in Wales, subsection (1) has effect as if for the reference to the National Assembly for Wales there were substituted a reference to the Secretary of State.

7

Where a Local Commissioner in Wales refers any matters to the monitoring officer of a relevant authority under section 70(4) or 71(2) he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.