C1C2C3C4C5C6C7C9C10C11Part 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
Pt. 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)
Pt. III continued (with modifications) (14.12.2011) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (S.I. 2011/3019), art. 5
Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C11Chapter IV Adjudications
Adjudications
I1C878C11 Decisions of F7F15the First-tier Tribunal or interim case tribunals.
1
F9In adjudicating on any of the matters which are the subject of an interim report, F16the First-tier Tribunal or an interim case tribunal must reach one of the following decisions—
a
that the person to whom the recommendation mentioned in section F2265(3) or 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,
b
that that person should be suspended or partially suspended from being a member or co-opted member of the F6relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
F22
3
If the decision of F11F19the tribunal concernedF19 the interim case tribunal
is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.
3A
The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).
F144
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A decision of an interim case tribunal under this section shall not prevent F1 the Public Services Ombudsman for Wales from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation.
6
7
A copy of any notice under this section must be given—
a
to any person who is the subject of the notice, and
b
to the monitoring officer of the relevant authority concerned.
F48
Where the person concerned 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—
a
the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,
b
the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,
c
the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty—
i
to give that notice to the standards committee of that other relevant authority, and
ii
to give a copy of that notice to the standards committee of the relevant authority concerned.
8A
Subsection (8) does not apply unless—
a
F23where the relevant authority concerned is in England, the other relevant authority is also in England,
b
F24where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.
9
F89A
F25Where a person is suspended or partially suspended under this section by a decision of the First-tier Tribunal, the person may appeal to the Upper Tribunal—
a
against the suspension or partial suspension; or
b
against the length of the suspension or partial suspension,
(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).
9B
F25An appeal may not be brought under subsection (9A) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007).
9C
F25An appeal may be brought under subsection (9A) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.
9D
F25In any case where the Upper Tribunal is determining an appeal under subsection (9A), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.
10
F13Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person may appeal to the High Court—
a
against the suspension or partial suspension, or
b
against the length of the suspension or partial suspension.
F311
An appeal may not be brought under subsection (10) except with the leave of the High Court.
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)