The Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001

Explanatory Note

(This note does not form part of the Regulations)

Part III of the Local Government Act 2000 (“the Act”) makes provision for the adoption by county and county borough councils, community councils, fire authorities, police authorities and National Park authorities in Wales (“relevant authorities”) of a code of conduct for members and co-opted members and for the investigation by a Local Commissioner in Wales of cases in which it is alleged that a member or co-opted member (or former member or co-opted member) of a relevant authority has failed, or may have failed, to comply with the authority’s code of conduct.

Following such an investigation, a Local Commissioner in Wales may determine that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1) of the Act (“a case tribunal”).

In certain circumstances a Local Commissioner in Wales may, before completion of an investigation, produce an interim report and refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2) of the Act (“an interim case tribunal”).

These regulations, which are made under section 77(4) and (6) of the Act, make provision with respect to adjudications by case tribunals and interim case tribunals.