Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001

Procedure and Powers of Standards Committees

8.—(1) Subject to any express provision in these Regulations or in the Standards Committees (Wales) Regulations 2001(1), the practice and procedure to be followed in exercising its functions under these Regulations shall be for the Standards Committee of the relevant authority to decide.

(2) The Standards Committee of the relevant authority may require the investigating officer to attend before it when considering any representations made by any person who is the subject of the investigation (or if no such representations are made, at any reasonable time), for the purpose of the presenting his or her report or explaining any of the matters contained in it (but not otherwise).

(3) In paragraph (2) above, “investigating officer” means:

(a) in the case of an investigation undertaken by or on behalf of a Local Commissioner in Wales and referred to the monitoring officer of the relevant authority under section 71(2) of the 2000 Act, the person who conducted the investigation; or

(b) in the case of an investigation referred to him or her under section 70 (4) of the 2000 Act, the monitoring officer of the relevant authority.

(4) If any person who is the subject of the investigation fails to make representations in accordance with Regulation 7(b) above, the Standards Committee may:

(a) unless it is satisfied that there is sufficient reason for such failure, consider the monitoring officer’s report and make a determination in that person’s absence; or

(b) give that person a further opportunity to make representations.

(5) Where appropriate, and in accordance with the provisions of these Regulations, the Standards Committee has power to censure any member or co-opted member (or former member or co-opted member) of the relevant authority, or suspend or partially suspend a member or co-opted member for a period not exceeding 6 months.

(6) Any period of suspension or partial suspension shall commence on the day after:

(a) the expiry of the time allowed to lodge a notice of appeal under Regulation 10(2) below,

(b) receipt of notification of the conclusion of any appeal in accordance with Regulation 12(a)(i) or (b) below, or

(c) a further determination by the Standards Committee made after receiving a recommendation from an appeals tribunal under Regulation 12(a)(ii) below,

whichever occurs last.

(1)

SI 2001/2283 (W.172).