C6C9C3C5C1C8C4C2C10C7Part III Conduct of local government members and employees

Annotations:
Modifications etc. (not altering text)
C1

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

C8

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

C4

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

C7Chapter IV Adjudications

Adjudications

I179F4Decisions of case tribunals: Wales.

F1A1

In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.

1

A F3Welsh case tribunal which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.

2

Where a F3Welsh case tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.

3

Where a F3Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4).

4

A person may be—

a

suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or

b

disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.

5

Where a F3Welsh case tribunal makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office).

6

Where a F3Welsh case tribunal makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).

7

Where a F3Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned—

a

stating that the person has failed to comply with that code of conduct, and

b

specifying the details of that failure.

8

Where a F3Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned—

a

stating that the person has failed to comply with that code of conduct,

b

specifying the details of that failure, and

c

stating that the person F7is suspended or partially suspended for the period, and in the way, which the tribunal has decided.

F69

The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).

10

Where a F3Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—

a

stating that the person has failed to comply with that code of conduct,

b

specifying the details of that failure, and

c

stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.

11

The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).

12

A copy of any notice under this section—

F2a

must be given to the Public Services Ombudsman for Wales,

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.

F512A

In the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

a

a constituent council of the corporate joint committee;

b

a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

a copy of any notice under this section must be given to the monitoring officer of that constituent council or National Park authority (in addition to the steps required by subsection (12) being taken).

13

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 F8...

a

a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,

F9b

the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,

c

the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) 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,

d

the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

14

A F3Welsh case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the F3Welsh case tribunal under this section.

15

Where a F3Welsh case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.

F1016

An appeal may not be brought under subsection (15) except with the leave of the High Court.