Local Government Act 2000

[F178B [F2Section 78A:] supplementaryE+W
This section has no associated Explanatory Notes

[F3(1)A copy of any notice given under section 78A(3) or under regulations made under section 78A(7)—

(a)must be given to the Standards Board for England,

(b)must be given to any person who is the subject of the decision to which the notice relates, and

(c)must be published in one or more newspapers circulating in the area of the relevant authority concerned.

(2)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 in England, the following references to the relevant authority concerned are to be treated as including references to that other relevant authority—

(a)the second reference in section 78A(3);

(b)the reference in subsection (1)(c) above.

(3)Where [F4the First-tier Tribunal adjudicates on any matter under this Act], it must take reasonable steps to give notice of its decision to any person who made any allegation which gave rise to the adjudication.

(4)Where [F5the First-tier Tribunal] decides under section 78A that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to [F6the Upper Tribunal] against that decision, or any other decision made by the tribunal by virtue of section 78A which relates to him [F7(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007)].

[F8(5)An appeal may not be brought under subsection (4) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007).

(6)An appeal may be brought under subsection (4) 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.

(7)In any case where the Upper Tribunal is determining an appeal under subsection (4), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.]]]

Textual Amendments

F1Ss. 78A, 78B inserted (31.1.2008 for specified purposes, 12.12.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 198, 245(5) (with s. 201); S.I. 2008/172, art. 8; S.I. 2008/3110, art. 2(e)

F3S. 78B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 45, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(m) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F8S. 78B(5)-(7) substituted for s. 78B(5) (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 62(d) (with Sch. 5)

Modifications etc. (not altering text)