http://www.legislation.gov.uk/id/uksi/1993/202

http://www.legislation.gov.uk/uksi/1993/202/part/II/made

The Local Authorities (Standing Orders) Regulations 1993

Employment terms and conditions

King's Printer of Acts of Parliament

2016-04-19

LOCAL GOVERNMENT, ENGLAND AND WALES

Under sections 8 and 20 of the Local Government and Housing Act 1989 the Secretary of State may by regulations require local authorities to incorporate in standing orders provision relating to their staff, meetings and proceedings.

The Local Authorities (Standing Orders) Regulations 1993

Sch. 1 Pt. 2 para. 3(c) and word

The Local Authorities (Standing Orders) (England) Regulations 2001

reg. 8(1)(b)

reg. 1(1)

The Local Authorities (Standing Orders) Regulations 1993

Instrument

The National Park Authorities (Wales) Order 1995

art.18

Sch.5

para.7

The Local Authorities (Standing Orders) Regulations 1993

Instrument

The National Park Authorities (Wales) Order 1995

art.19(1)

Sch.6

para.10(1)

The Local Authorities (Standing Orders) Regulations 1993

Instrument

The Local Government Reorganisation (Wales) (Transitional Provisions No. 2) Order 1995

art.4(1)

The Local Authorities (Standing Orders) Regulations 1993

Regulations

The New Forest National Park Authority (Establishment) Order 2005

Sch. 3

para. 3(1)

art. 1

The Local Authorities (Standing Orders) Regulations 1993

Regulations

The South Downs National Park Authority (Establishment) Order 2010

Sch. 3

para. 3(1)

art. 1

The Local Authorities (Standing Orders) Regulations 1993

Regulations

The Local Government (Boundary Changes) Regulations 2018

reg. 11(1)

(2)

reg. 1(2)

(3)

reg. 1(1)

The Local Authorities (Standing Orders) Regulations 1993

Regulations

The Local Authorities (Standing Orders) (Wales) Regulations 2006

Rheoliadau Awdurdodau Lleol (Rheolau Sefydlog) (Cymru) 2006

reg. 10

reg. 11

reg. 1(1)

The Local Authorities (Standing Orders) Regulations 1993

Instrument

The Local Government Changes for England (Staff) Regulations 1995

reg.7(1)(a)

(b)

The Local Authorities (Standing Orders) Regulations 1993

Regulations

The Local Government (Structural and Boundary Changes) (Staffing) Regulations 2008

reg. 4(1)

reg. 1

PART IISTANDING ORDERS RELATING TO CHIEF OFFICERS

Standing orders2

No later than the first ordinary meeting of the authority falling after the day on which these Regulations come into force, a relevant authority shall, in respect of the appointment of its chief officers and disciplinary action against the head of its paid service—

a

make standing orders incorporating—

i

the provisions set out in Part I of Schedule 1 to these Regulations, or

ii

provisions to the like effect, or

iii

provisions incorporating the effect of those provisions modified as provided in Part II of that Schedule; and

b

modify any existing standing orders of theirs in so far as is necessary to conform with those provisions;

and shall not thereafter vary standing orders so made or modified other than by way of incorporating provision having effect as described in Part II of that Schedule.

Investigation of alleged misconduct3

1

Where after standing orders have been made in pursuance of regulation 2 it appears to a relevant authority that a complaint of misconduct by the head of its paid service (“the relevant officer”) requires to be investigated, the authority shall appoint for the purposes of the standing order numbered 4 in Schedule 1 a person (“the designated independent person”), being such person as may be agreed between the authority and the relevant officer or, in default of such agreement, appointed by the Secretary of State.

2

The designated independent person—

a

may direct—

i

that the authority terminate any suspension of the relevant officer, or

ii

that any such suspension shall continue after the expiry of the period mentioned in standing order 4(2), or, as the case may be, the expiry of any period specified in any such previous direction, or

iii

that the terms on which any such suspension has taken place shall be varied in accordance with the direction;

iv

that no steps (whether by the authority or any committee, sub-committee or officer of theirs) towards disciplinary action or further disciplinary action against the relevant officer, other than steps taken in the presence, or with the agreement, of the designated independent person, are to be taken before a report is made under sub-paragraph (d) below;

b

may inspect any documents relating to the conduct of the relevant officer which are in the possession of the authority, or which the authority has power to authorise him to inspect;

c

may require any officer of the authority to answer questions concerning the conduct of the relevant officer;

d

shall make a report to the authority—

i

stating his opinion as to whether (and if so, the extent to which) the evidence he has obtained supports any allegation of misconduct against the relevant officer, and

ii

recommending any disciplinary action which appears to him to be appropriate for the authority to take against the relevant officer; and

e

shall no later than the time at which he makes his report under sub-paragraph (d), send a copy of the report to the relevant officer.

3

A relevant authority shall pay the remuneration of a relevant designated independent person, and any costs incurred by him in or in connection with the discharge of his functions under this regulation.