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Standards committeesE+W

53 Standards committees.E+W

(1)Subject to subsection (2), every relevant authority must establish a committee (referred to in this Part as a standards committee) which is to have the functions conferred on it by or under this Part.

(2)Subsection (1) does not apply to a parish council or community council.

(3)[F1The number of members of a standards committee of a relevant authority in England or a police authority in Wales and their term of office are to be fixed by the authority (subject to any provision made by virtue of subsection (6)(a)).]

(4)[F1A standards committee of a relevant authority in England or a police authority in Wales must include—

(a)at least two members of the authority, and

(b)at least one person who is not a member, or an officer, of that or any other relevant authority,

[F2and must be chaired by a person falling within paragraph (b) ]. ]

[F2(5)[F1A standards committee of a relevant authority in England which are operating executive arrangements—

(a)may not include the elected mayor or executive leader, and

(b)may not be chaired by a member of the executive.]

(6)[F1The Secretary of State may by regulations make provision—

(a)as to the size and composition of standards committees of relevant authorities in England and police authorities in Wales,

(b)as to the appointment to such committees of persons falling within subsection (4)(b),

(c)with respect to the access of the public to meetings of such committees,

(d)with respect to the publicity to be given to meetings of such committees,

(e)with respect to the production of agendas for, or records of, meetings of such committees,

(f)with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of such committees,

(g)as to the proceedings and validity of proceedings of such committees.]

(7)[F1The Standards Board for England—

(a)may issue guidance with respect to the size and composition of standards committees of relevant authorities in England and police authorities in Wales, and

(b)must send a copy of any such guidance to the Secretary of State.]

(8)[F1A member of a standards committee of a relevant authority in England or a police authority in Wales who is not a member of the authority is entitled to vote at meetings of the committee.]

(9)[F1A relevant authority in England and a police authority in Wales must send a statement which sets out the terms of reference, or any revised terms of reference, of their standards committee to the Standards Board for England.]

(10)[F1A standards committee of a relevant authority in England or a police authority in Wales is not to be regarded as a body to which section 15 of the M1Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.]

(11)The National Assembly for Wales may by regulations make provision—

(a)as to the size and composition of standards committees of relevant authorities in Wales other than police authorities (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority concerned),

(b)as to the term of office of members of any such committees,

(c)as to the persons who may, may not or must chair any such committees,

(d)as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,

(e)for or in connection with treating any such committees as bodies to which section 15 of the M2Local Government and Housing Act 1989 does not apply,

(f)with respect to the access of the public to meetings of such committees,

(g)with respect to the publicity to be given to meetings of such committees,

(h)with respect to the production of agendas for, or records of, meetings of such committees,

(i)with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees,

(j)as to the proceedings and validity of proceedings of any such committees,

(k)for or in connection with requiring relevant authorities in Wales (other than police authorities) to send to [F3the Public Services Ombudsman for Wales] statements which set out the terms of reference of their standards committees.

(12)The provision which may be made by virtue of subsection (6)(c) to (f) or (11)(f) to (i) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.]

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Amendments (Textual)

F3Words in s. 53(11)(k) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 4; S.I. 2005/2800, arts. 4(1)(a)(2), 5(1) (with art. 4(3))

Modifications etc. (not altering text)

Commencement Information

I1S. 53 wholly in force at 28.7.2001; s. 53 not in force at Royal Assent see s. 108; s. 53(11)(12) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 53 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 53 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F454ASub-committees of standards committeesE+W

(1)A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.

(2)Subsection (1) does not apply to functions under section F5...56.

(3)A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed [F6, but this is subject to section 55(7)(b)].

(4)As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in England or of a police authority in Wales—

(a)regulations under section 53(6)(a) and (c) to (g) may make provision in relation to such sub-committees, and

(b)sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to such sub-committees as they apply in relation to standards committees.

(5)As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority in Wales other than a police authority—

(a)regulations under section 53(11) may make provision in relation to such sub-committees, and

(b)section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.

(6)Subject to [F7section 55(5) and to ] any provision made by regulations under section 53(6)(a) or (11)(a) (as applied by this section)—

(a)the number of members of a sub-committee under subsection (1), and

(b)the term of office of those members,

are to be fixed by the standards committee by which the sub-committee is appointed.]

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Amendments (Textual)

F4S. 54A inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(1), 128(2)(d)

54 Functions of standards committees.E+W

(1)The general functions of a standards committee of a relevant authority are—

(a)promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and

(b)assisting members and co-opted members of the authority to observe the authority’s code of conduct.

(2)Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions—

(a)advising the authority on the adoption or revision of a code of conduct,

(b)monitoring the operation of the authority’s code of conduct, and

(c)advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct.

(3)A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.

[F8(3A)In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.]

(4)The Secretary of State may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in England and police authorities in Wales.

(5)The National Assembly for Wales may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in Wales (other than police authorities).

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The National Assembly for Wales may issue guidance with respect to the exercise of functions by standards committees of relevant authorities in Wales (other than police authorities).

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Amendments (Textual)

Commencement Information

I2S. 54 wholly in force at 28.7.2001; s. 54 not in force at Royal Assent see s. 108; s. 54(5)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 54 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 54 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

55 Standards committees F10... for parish councils.E+W

(1)A standards committee of a district council is to have the same functions in relation to—

(a)the parish councils for which the district council are the responsible authority, and

(b)the members of those parish councils,

as the standards committee has under section 54(1) and (2) in relation to the district council and the members of the district council.

(2)A standards committee of a unitary county council is to have the same functions in relation to—

(a)the parish councils for which the county council are the responsible authority, and

(b)the members of those parish councils,

as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.

F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge [F12a function] conferred by this section, a district council or unitary county council must consult the parish councils for which they are the responsible authority.

(5)[F13 Where a function conferred by this section is to be exercised by a sub-committee of the standards committee of a district council or unitary county council, the number of members of the sub-committee, ] and the term of office of those members, are to be fixed by the standards committee after consultation with the parish councils for which the district council or unitary county council are the responsible authority.

[F14(5A)Subsection (5) is subject to any provision made by regulations under section 53(6)(a) (as applied by section 54A).]

(6)Where the standards committee of a district council or unitary county council discharges [F15any function] conferred by this section, the standards committee—

(a)must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority, and

(b)must ensure that at least one person falling within paragraph (a) is present at any meeting of the committee when matters relating to those parish councils, or the members of those parish councils, are being considered.

[F16(7)Where a sub-committee of the standards committee of a district council or unitary county council discharges any function conferred by this section, the sub-committee—

(a)must include at least one member of the standards committee who falls within section 53(4)(b);

(b)must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority; and

(c)must ensure that at least one person falling within paragraph (b) is present at any meeting of the sub-committee when matters relating to those parish councils, or the members of those parish councils, are being considered.]

(8)F17... regulations under section 53(6)(b) may make provision as to the appointment of persons falling within subsection (6)(a) or (7)(a) or (b) of this section.

F18(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Any function which by virtue of the following provisions of this Part is exercisable by F20... the standards committee of a relevant authority which is a parish council is to be exercisable by F20...—

(a)the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council, or

(b)where that standards committee has appointed a sub-committee [F21with responsibility for that function,] that sub-committee;

F22...

[F23(11A)Any function which by virtue of the following provisions of this Part is exercisable in relation to the standards committee of a relevant authority which is a parish council is to be exercisable in relation to the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council.

(11B)Any reference in the following provisions of this Part to the standards committee of a relevant authority which is a parish council is to be construed in accordance with subsections (11) and (11A).]

(12)A district council or unitary county council are the responsible authority—

(a)in relation to a parish council which is not a common parish council, if the parish is situated within the area of the district council or county council,

(b)in relation to a parish council which is a common parish council—

(i)if the parishes in the group are wholly situated within that area, or

(ii)where that is not the case, if the greatest number of local government electors for the parishes in the group is situated in that area.

(13)In this section “unitary county council” means the council of a county in England in which there are no district councils.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I3S. 55 wholly in force at 28.7.2001; s. 55 not in force at Royal Assent see s. 108; s. 55 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 55 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

56 Standards committees or sub-committees for community councils.E+W

(1)A standards committee of a county council in Wales is to have the same functions in relation to—

(a)the community councils which are situated in the area of the county council, and

(b)the members of those community councils,

as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.

(2)A standards committee of a county borough council is to have the same functions in relation to—

(a)the community councils which are situated in the area of the county borough council, and

(b)the members of those community councils,

as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council.

(3)A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.

(4)In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.

(5)Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section.

(6)Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.

(7)Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to—

(a)the standards committee of the county council or county borough council in whose area the community council is situated, or

(b)where that standards committee has appointed a sub-committee under this section, that sub-committee;

and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.

[F2456AJoint committees of relevant authorities in EnglandE+W

(1)The Secretary of State may make regulations under which two or more relevant authorities in England may—

(a)establish a joint committee of those authorities; and

(b)arrange for relevant functions to be exercisable by that committee.

(2)In this section a “relevant function” means a function conferred by or under this Part or any other enactment on the standards committee of any (or each) of the relevant authorities.

(3)The regulations may in particular—

(a)specify functions in relation to which arrangements may, or may not, be made;

(b)make provision, in relation to joint committees or sub-committees of joint committees, which corresponds to or applies (with or without modifications)—

(i)any provision of, or that could be made under, regulations under section 53(6) or 54(4),

(ii)any provision of section 53(3) to (5), (7) to (9), 54(6) or 54A(1), (3) or (6), or

(iii)any provision of section 55(4) to (7).

(4)Regulations under this section may modify any provision of this Part, or any other enactment relating to a standards committee or to any function of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.

(5)In this section “enactment” includes any enactment or subordinate legislation, whenever passed or made.

(6)Any reference in this section to a relevant authority in England does not include a parish council.]

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Amendments (Textual)

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