The Standards Committee (England) Regulations 2008

Hearings by standards committee

18.—(1) Where a standards committee holds a hearing pursuant to a finding under regulation 17(1)(b), it shall ensure that—

(a) the hearing is conducted having regard to any relevant guidance issued by the Standards Board;

(b) subject to sub-paragraph (c), the hearing is held within the period of 3 months beginning—

(i) in the case of a report referred by an ethical standards officer, on the date on which the monitoring officer received the report; or

(ii) in the case of a report prepared by the monitoring officer, on the date on which the report is completed;

(c) the hearing is not held until at least fourteen days after the date on which the monitoring officer sent the report to the member who is the subject of the allegation, unless the member concerned agrees to the hearing being held earlier;

(d) if the hearing is not held within the period specified in sub-paragraph (b), it is held as soon as reasonably practicable thereafter;

(e) any member who is the subject of a report being considered by the standards committee is given the opportunity to present evidence and make representations at the hearing—

(i) either orally or, if the member chooses, in writing; and

(ii) either personally, or by counsel or by a solicitor or, with the committee’s consent, by any other representative.

(2) A standards committee may, subject to paragraph (1)(a) and (e), conduct a hearing using such procedures as it considers appropriate in the circumstances.

(3) A standards committee may arrange for the attendance at a hearing of such witnesses as it considers appropriate.

(4) Subject to paragraph (5), a member who is the subject of a hearing may arrange for the attendance at that hearing of such witnesses as that person wishes.

(5) A standards committee may place a limit on the number of witnesses a member who is the subject of a hearing may call if it considers that the number that the member proposes to call is unreasonable.

(6) A member who is the subject of a hearing may be represented by counsel, by a solicitor or, with the consent of the standards committee, by any other representative.

(7) If a member who is the subject of a report to the standards committee fails to attend a hearing of which that member has been given notice, the standards committee may—

(a) unless it is satisfied that there is sufficient reason for such failure, consider the allegation and make a determination in the absence of that member; or

(b) adjourn the hearing to another date.

(8) A standards committee may, at any stage prior to the conclusion of the hearing, adjourn the hearing and require the monitoring officer to seek further information or undertake further investigation on any point specified by it; but the standards committee shall not adjourn the hearing on more than one occasion under this paragraph.

(9) Paragraphs (10) to (13) apply only to cases where the report under consideration has been referred to a monitoring officer under section 64(2) or (4) of the Act.

(10) A standards committee may at any stage prior to the conclusion of the hearing, adjourn the hearing and make a written request to the ethical standards officer concerned that the matter be referred back to the ethical standards officer for further investigation; and any such request must set out the committee’s reasons for making it.

(11) Where a matter is referred to an ethical standards officer under paragraph (10), the ethical standards officer must respond to the request within 21 days of its receipt and may—

(a) agree to accept the referral for further investigation and direct that the standards committee shall cease its consideration of the matter; or

(b) direct the standards committee to continue to deal with the matter in accordance with these Regulations, in which case the standards committee shall do so and shall not make any further request under paragraph (10) in respect of the matter.

(12) Where the ethical standards officer gives a direction under paragraph (11)(b), the standards committee shall convene to continue its consideration of the matter within three months of the receipt of the ethical standards officer’s direction or as soon as practicable thereafter.

(13) Paragraph (1)(a), (c) and (e) and paragraphs (2) to (8) of this regulation shall apply to a hearing convened under paragraph (12) as they apply to a hearing convened under paragraph (1).