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The Case Tribunals (England) Regulations 2008

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Withdrawal of references by ethical standards officer

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5.—(1) An ethical standards officer who has referred a matter to the president of the Adjudication Panel under section 64(3)(b) or 65(4) of the Act may withdraw that reference if—

(a)the circumstances are as mentioned in any of sub-paragraphs (a) to (c) of paragraph (2); and

(b)the requirements of paragraphs (3) and (4) of this regulation are satisfied.

(2) (a) A sentence of imprisonment (whether suspended or not) for a period of not less than three months, without the option of a fine, has been passed on the respondent.

(b)The ethical standards officer is satisfied—

(i)that the matter is materially less serious than appeared to be the case when it was referred to the president of the Adjudication Panel and that as a consequence is not sufficiently serious to be determined by a case tribunal or a standards committee; or

(ii)that the pursuit of the matter would not be in the public interest.

(c)The president or deputy president of the Adjudication Panel invites the ethical standards officer to withdraw the reference.

(3) Except in a case where the president or deputy president of the Adjudication Panel agrees to dispense with the requirement in this paragraph, the ethical standards officer—

(a)has given 28 days notice in writing to—

(i)the person who made the written allegation under section 57A of the Act which gave rise to the investigation;

(ii)the respondent;

(iii)the standards committee of any relevant authority concerned; and

(iv)the monitoring officer of any relevant authority concerned,

that a request is to be made to the president of the Adjudication Panel to withdraw the reference, and

(b)has considered any representations received from any person in that regard.

(4) The president of the Adjudication Panel, or in the absence of the president, the deputy president of the Adjudication Panel, has given consent to the withdrawal of the reference.

(5) The president of the Adjudication Panel, or the deputy president, as the case may be, shall give reasons in writing for the giving of an invitation under paragraph (2)(c) or of consent under paragraph (4).

(6) Where a reference to the president of the Adjudication Panel is withdrawn under this regulation, the ethical standards officer shall give to each person or body to whom notice was given under paragraph (3)(a)—

(a)written notice of the withdrawal; and

(b)a copy of the reasons referred to in paragraph (5).

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