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The Case Tribunals (England) Regulations 2008
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- 2008 No. 2938
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
Tribunals drawn from the Adjudication Panel for England, known as “case tribunals” consider matters referred to them in order to determine whether members and co-opted members (or former members or co-opted members) of relevant authorities in England have failed to comply with an authority’s code of conduct, and if so whether any sanction should be imposed.
Regulation 3(1) makes provision as to the sanctions which are available to a case tribunal when it has decided that a person has failed to comply with an authority’s code of conduct and that a sanction should be imposed. The sanctions specified in paragraphs (1)(b) to (d) and (g) to (j) of that regulation may have effect in respect of any relevant authority in England of which the person is a member or co-opted member. Paragraph (1)(k) enables a case tribunal to disqualify a person, for a period not exceeding five years, for being or becoming a member or co-opted member of the relevant authority with whose code of conduct that person has failed to comply, or any other relevant authority in England and Wales.
Regulation 4 makes provision as to the content and effect of notices served on standards committees by case tribunals.
Regulation 5 makes provision as to the circumstances in which references of matters by an ethical standards officer to the president of the Adjudication Panel for England for adjudication by a case tribunal or interim case tribunal may be withdrawn, and the procedure for so doing.
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