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PART III continued CHAPTER IV continued
(2) There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel.
(3) The members of the Adjudication Panel for England are to be appointed by the Lord Chancellor.
(4) The Lord Chancellor—
(a) must appoint one of the members of the Adjudication Panel for England as president of the Panel, and
(b) may appoint one of those members as deputy president of the Panel.
(5) The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine.
(6) The National Assembly for Wales—
(a) must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and
(b) may appoint one of those members as deputy president of the Panel.
(7) Such members of the Adjudication Panel for England as the Lord Chancellor thinks fit must possess such qualifications as may be determined by the Lord Chancellor.
(8) Such members of the Adjudication Panel for Wales as the National Assembly for Wales thinks fit must possess such qualifications as may be determined by the National Assembly for Wales.
(9) The president and deputy president (if any) of the Adjudication Panel for England are to be responsible—
(a) for training the members of the Panel,
(b) for issuing guidance on how tribunals drawn from the Panel are to reach decisions.
(10) The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible—
(a) for training the members of the Panel,
(b) for issuing guidance on how tribunals drawn from the Panel are to reach decisions.
(11) The Lord Chancellor must obtain the consent of the Secretary of State before making any appointment under subsection (3) or (4) or any determination under subsection (7).
(1) Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 64(3) or 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.
(2) Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 65(4) or 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.
(3) The president of the relevant Adjudication Panel (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.
(4) A case tribunal drawn from the relevant Adjudication Panel may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section 64(3) or 71(3).
(5) An interim case tribunal drawn from the relevant Adjudication Panel may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section 65(4) or 72(4).
(6) The president or the deputy president of the relevant Adjudication Panel may be a member of a case tribunal or interim case tribunal drawn from the Panel.
(7) A member of the relevant Adjudication Panel may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
(8) A member of the relevant Adjudication Panel who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—
(a) must disclose the nature of his interest to the president or deputy president of that Panel, and
(b) may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.
(9) Where there is no deputy president of the relevant Adjudication Panel, the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as the Lord Chancellor or (as the case may require) the National Assembly for Wales may specify.
(10) A person who is a member of an interim case tribunal which, as a result of an investigation under section 59 or 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.
(11) The Lord Chancellor may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for England.
(12) The Lord Chancellor must obtain the consent of the Secretary of State before issuing any guidance under subsection (11).
(13) The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
(14) The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.
(1) A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by—
(a) counsel or a solicitor, or
(b) any other person whom he desires to represent him.
(2) The Secretary of State may by regulations make such provision as appears to him to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for England.
(3) The president of the Adjudication Panel for England may, after consultation with the Secretary of State, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.
(4) The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
(5) The president of the Adjudication Panel for Wales may, after consultation with the National Assembly for Wales, give directions as to the practice and procedure to be followed by tribunals drawn from the Panel.
(6) Regulations under this section may, in particular, include provision—
(a) for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses,
(b) for requiring persons to furnish further particulars,
(c) for prescribing the procedure to be followed in adjudications, including provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,
(d) for the award of costs or expenses (including provision with respect to interest and provision with respect to the enforcement of any such award),
(e) for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in a county court),
(f) for the registration and proof of decisions and awards of tribunals.
(7) A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (6)(a) or (b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(8) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
(1) An interim case tribunal which adjudicates on any matters which are the subject of an interim report must reach one of the following decisions—
(a) that the person to whom the recommendation mentioned in section 65(3) or 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,
(b) that that person should be suspended or partially suspended from being a member or co-opted member of the authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
(2) An interim case tribunal must give notice of its decision to the standards committee of the relevant authority concerned.
(3) If the decision of an interim case tribunal is that a person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned—
(a) the notice must give details of the suspension or partial suspension and specify the date on which the suspension or partial suspension is to begin, and
(b) the relevant authority must suspend or partially suspend the person in accordance with the notice.
(4) A decision of an interim case tribunal under this section shall not prevent an ethical standards officer from continuing with the investigation under section 59 which gave rise to the interim report concerned and producing a report under section 64, or a further interim report under section 65, in respect of any matters which are the subject of the investigation.
(5) A decision of an interim case tribunal under this section shall not prevent a Local Commissioner in Wales from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation.
(6) The suspension or partial suspension of any person under this section shall not extend beyond the day on which a notice under section 79 is given to the standards committee of the relevant authority concerned with respect to that person.
(7) A copy of any notice under this section must be given—
(a) to any person who is the subject of the notice, and
(b) to the monitoring officer of the relevant authority concerned.
(8) In a case where section 65(6) or 72(6) applies, the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to the relevant authority of which the person concerned was formerly a member or co-opted member.
(9) An interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section 59 or 69 of its decision under this section.
(10) A person who is suspended or partially suspended under this section may appeal to the High Court—
(a) against the suspension or partial suspension, or
(b) against the length of the suspension or partial suspension.
(1) A case tribunal which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.
(2) Where a case tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.
(3) Where a case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4).
(4) A person may be—
(a) suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or
(b) disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.
(5) Where a case tribunal makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office).
(6) Where a case tribunal makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).
(7) Where a case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned—
(a) stating that the person has failed to comply with that code of conduct, and
(b) specifying the details of that failure.
(8) Where a case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned—
(a) stating that the person has failed to comply with that code of conduct,
(b) specifying the details of that failure, and
(c) stating that the person must be suspended or partially suspended by the relevant authority concerned for the period, and in the way, which the tribunal has decided.
(9) A relevant authority must comply with any notice given to its standards committee under subsection (8).
(10) Where a case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—
(a) stating that the person has failed to comply with that code of conduct,
(b) specifying the details of that failure, and
(c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.
(11) The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).
(12) A copy of any notice under this section—
(a) must be given—
(i) to the Standards Board for England, where the relevant authority concerned is in England,
(ii) to the Commission for Local Administration in Wales, where the relevant authority concerned is in Wales,
(b) must be given to any person who is the subject of the decision to which the notice relates, and
(c) must be published in one or more newspapers circulating in the area of the relevant authority concerned.
(13) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in the same country (that is to say, England or Wales)—
(a) a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,
(b) the references in subsections (4)(a) and (8)(c) to the relevant authority concerned are to be treated as references to that other relevant authority,
(c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—
(i) to give that notice to the standards committee of that other relevant authority, and
(ii) to give a copy of that notice to the standards committee of the relevant authority concerned,
(d) the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
(14) A case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the case tribunal under this section.
(15) Where a case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.
(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 [1972 c. 70.] Local 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) a Local Commissioner in Wales where the relevant authority concerned is in Wales.
(1) The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
(2) The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
(3) The mandatory provisions must also—
(a) require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,
(b) make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.
(4) Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committee in accordance with regulations made under subsection (5).
(5) The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).
(6) A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours.
(7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—
(a) publish in one or more newspapers circulating in their area a notice which—
(i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
(ii) specifies the address of that office, and
(b) inform the Standards Board for England that copies of the register are so available.
(8) In its application to standards committees of relevant authorities in Wales (other than police authorities), subsection (5) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
(1) The Secretary of State may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in England and police authorities in Wales.
(2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in Wales (other than police authorities).
(3) The power under subsection (1) or (2) to issue a code includes power—
(a) to issue a separate code for council managers (within the meaning of Part II of this Act), and
(b) to revise any code which has been issued.
(4) Before making an order under this section, the Secretary of State must consult—
(a) such representatives of relevant authorities in England, and of employees of such authorities, as he considers appropriate,
(b) the Audit Commission, and
(c) the Commission for Local Administration in England.
(5) Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—
(a) such representatives of police authorities in Wales, and of employees of such authorities, as he considers appropriate,
(b) the Commission for Local Administration in Wales, and
(c) the National Assembly for Wales.
(6) Before making an order under this section, the National Assembly for Wales must consult—
(a) such representatives of relevant authorities in Wales, and of employees of such authorities, as it considers appropriate,
(b) the Audit Commission, and
(c) the Commission for Local Administration in Wales.
(7) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.
(8) In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.
(9) The power to make regulations under subsection (8) is to be exercised—
(a) in relation to England, by the Secretary of State, and
(b) in relation to Wales, by the National Assembly for Wales.
(1) In this Part—
“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales,
“case tribunal” has the meaning given by section 76(1),
“code of conduct” means a code of conduct under section 51,
“co-opted member” has the meaning given by section 49(7),
“elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),
“ethical standards officer” means a person appointed under section 57(5)(a),
“executive” is to be construed in accordance with section 11,
“executive arrangements” has the meaning given by section 10,
“executive leader” has the meaning given by section 11(3)(a),
“interim case tribunal” has the meaning given by section 76(2),
“Local Commissioner in Wales” has the meaning given by section 68(5),
“model code of conduct” is to be construed in accordance with section 50(1) and (2),
“police authority” means a police authority established under section 3 of the [1996 c. 16.] Police Act 1996,
“the relevant Adjudication Panel” means—
in relation to matters referred or to be referred by an ethical standards officer, the Adjudication Panel for England,
in relation to matters referred or to be referred by a Local Commissioner in Wales, the Adjudication Panel for Wales,
“relevant authority” has the meaning given by section 49(6).
(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
(3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
(4) Any reference in this Part to a member of a relevant authority, in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.
(5) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
(6) Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).
(7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
(8) The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.
(9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
(10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.
(11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—
(a) for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and
(b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.
(12) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which are the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
(13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
(14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.
(15) Any functions which are conferred on the Greater London Authority by virtue of this Part are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
(16) Subsections (12) and (13) of section 55 are to apply for the purposes of subsection (12) as they apply for the purposes of that section.
Local Government Act 2000