C1C2C3C4C5C6Part III Conduct of local government members and employees

Annotations:
Modifications etc. (not altering text)
C5

Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C6

Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C4Chapter 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 F370(4) or (5) or 71(2) or (4) 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 F1the Public Services Ombudsman for Wales refers any matters to the monitoring officer of a relevant authority under section F2 70(4) or (5) or 71(2) or (4) he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.