The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

Under the provisions of Part III of the Local Government Act 2000 ethical standards officers may carry out investigations into allegations that a member of a relevant authority in England has failed to comply with the authority’s code of conduct. A Local Commissioner in Wales may carry out a similar investigation into an allegation that a member of a police authority in Wales has failed to comply with the authority’s code of conduct. The ethical standards officer or the Local Commissioner, as the case may be, may choose to refer the matters under investigation and send the report on the outcome of his investigation to the monitoring officer of any authority concerned. These Regulations make provision in respect of the way such matters referred to monitoring officers are to be dealt with.

Part 1 makes general provision regarding commencement and application. The Regulations will commence on 30th June 2003 and apply to relevant authorities in England and police authorities in Wales.

Regulation 3 amends the Relevant Authorities (Standards Committees) Regulations 2001 (“the 2001 Regulations”). The 2001 Regulations make provision in respect of standards committees of relevant authorities in England and police authorities in Wales. The 2001 Regulations apply, with certain modifications, the provisions of Part VA of the Local Government Act 1972 (which relates to access to meetings and documents of certain authorities, committees and sub-committees) to meetings of standards committees. The provisions of Regulation 3 further amend those Regulations so that where a standards committee is meeting to deal with an allegation of a breach of a code of conduct under these Regulations, the application of Part VA is further modified.

Regulation 4 modifies the application of section 63 of the Local Government Act 2000 in respect of standards committees or appeals tribunals in the performance of their functions under Part III of that Act or under these Regulations so as to provide that disclosure of any information obtained by the ethical standards officer under section 61 or 62 of the Local Government Act 2000 is not prohibited if it is made for the purpose of enabling any of those functions to be carried out.

Part 2 makes provision in respect of consideration by standards committees of matters referred by an ethical standards officer or a Local Commissioner.

Regulation 5 requires that a monitoring officer receiving a report will arrange for the standards committee to convene to consider it. Regulation 6 makes provision in respect of the hearings of the standards committees and Regulation 7 makes provision as to the findings they may make and the sanctions they may impose. Regulation 8 makes provisions regarding the notification and publication of their findings and any sanction imposed, including the requirement that information must be given regarding the manner in which a member may appeal against such finding under the provisions of Part 3 of the Regulations.

Part 3 makes provision generally regarding appeals.

Regulation 9 makes provision regarding the seeking of permission to appeal from the president of the Adjudication Panel, which is a body established under Part III of the Local Government Act 2000. Regulation 10 makes provision in respect of the conduct of such appeals in the event that permission is granted. An appeal will be dealt with by an appeals tribunal, either by holding a hearing, at which the member appealing may be represented or, if the member agrees, by written representations. Regulation 11 makes provision regarding the composition of an appeals tribunal, the members of which will be drawn from the membership of the Adjudication Panel. Regulation 12 makes provision for dealing with an appeal in the event that a member fails to attend an appeal hearing of which he has had notice. Regulation 13 makes provision regarding the findings that an appeals tribunal may make and the steps it should take regarding notification and publication of its decision.