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

Notice of appeals

9.—(1) Where a standards committee of an authority makes a finding under regulation 7(1) the member who is the subject of that finding may, by way of notice in writing given to the president of the Adjudication Panel, seek permission to appeal.

(2) Such notice requesting permission to appeal must be received by the president of the Adjudication Panel within 21 days of the member’s receipt of notification of a finding made under regulation 7(1) and must specify—

(a) the reasons for the appeal; and

(b) whether or not that member consents to the appeal being conducted by way of written representations.

(3) An application for permisson to appeal shall be decided by the president of the Adjudication Panel or, in his absence, by the deputy president on consideration of the application and, unless the president or the deputy president (as the case may be) considers that special circumstances render a hearing desirable, in the absence of the parties.

(4) In reaching his decision as to whether to give permission to appeal against the finding of a standards committee under regulation 7(1)(b) pursuant to paragraph (3) the president, or in his absence the deputy president, shall have regard to whether there is a reasonable prospect of the appeal being successful (either in whole or in part).

(5) The president or, in his absence, the deputy president shall, within 21 days of receipt of a notice requesting permission to appeal given in accordance with paragraphs (1) and (2), send notice of the decision made pursuant to paragraph (3) to—

(a) the member who gave notice of appeal;

(b) the ethical standards officer concerned;

(c) the standards committee of the authorities concerned;

(d) any parish councils concerned; and

(e) any person who made an allegation that gave rise to the investigation.

(6) If permission is refused the notice given under paragraph (5) shall give the reasons for that decision.