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Part IIIU.K. Conduct of local government members and employees

Chapter IVE+W Adjudications

AdjudicationsE+W

80 Recommendations by case tribunals.E+W

(1)A case tribunal which has adjudicated on any matter may make recommendations to a relevant authority about any matters relating to—

(a)the exercise of the authority’s functions,

(b)the authority’s code of conduct, or

(c)the authority’s standards committee.

(2)A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant person.

(3)A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the relevant person giving details of what action the authority have taken or are proposing to take as a result of the recommendations.

(4)A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the M1Local Government Act 1972 applies, is not to be a function to which that section applies).

(5)If the relevant person is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the relevant person may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.

(6)In this section “the relevant person” means—

(a)the Standards Board for England where the relevant authority concerned is in England,

(b)[F1the Public Services Ombudsman for Wales] where the relevant authority concerned is in Wales.

Textual Amendments

F1Words in s. 80(6)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 21; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

Commencement Information

I1S. 80 wholly in force at 28.7.2001; s. 80 not in force at Royal Assent see s. 108; s. 80 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 80 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations