Local Government Act 2000

80 Recommendations by [F1 First-tier Tribunal or] case tribunals. E+W

(1) [F2 Where the First-tier Tribunal or a case tribunal has adjudicated on any matter under this Act, it] 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) [F3 The tribunal concerned] 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 [F4 relevant person] [F4 Public Services Ombudsman for Wales] 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 M1 Local Government Act 1972 applies, is not to be a function to which that section applies).

(5) If the [F5 relevant person] [F5 Public Services Ombudsman for Wales] is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the [F5 relevant person] [F5 Public Services Ombudsman for Wales] 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) [F6 In this section “the relevant person” means—

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

(b) [F7 the Public Services Ombudsman for Wales] where the relevant authority concerned is in Wales.]

Textual Amendments

F1 Words in s. 80 heading inserted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 63(a) (with Sch. 5)

F2 Words in s. 80(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 63(b) (with Sch. 5)

F3 Words in s. 80(2) inserted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 63(c) (with Sch. 5)

F4 Words in s. 80(3) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(5); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F5 Words in s. 80(5) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(6); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)

F6 S. 80(6) repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(7), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (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)

F7 Words 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

I1 S. 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

M1 1972 c. 70.