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Part IIIU.K. Conduct of local government members and employees

Modifications etc. (not altering text)

C5Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C6Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C7Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14

Chapter IIU.K. Investigations etc: England

Standards Board for EnglandU.K.

57 Standards Board for England.U.K.

[F1(1)There is to be a body corporate known as the Standards Board for England.

(2)The Standards Board for England is to consist of not less than three members appointed by the Secretary of State.

(3)The Standards Board for England is to have the functions conferred on it by this Part and such other functions as may be conferred on it by order made by the Secretary of State under this subsection.

(4)In exercising its functions the Standards Board for England must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of relevant authorities in England.

(5)The Standards Board for England—

(a)must appoint employees known as ethical standards officers who are to have the functions conferred on them by this Part,

[F2(aa)may issue guidance to ethical standards officers with respect to the exercise by those officers of their functions,]

(b)may issue guidance to relevant authorities in England and police authorities in Wales on matters relating to the conduct of members and co-opted members of such authorities,

(c)may issue guidance to relevant authorities in England and police authorities in Wales in relation to the qualifications or experience which monitoring officers should possess, and

(d)may arrange for any such guidance to be made public.

(6)Schedule 4 makes further provision in relation to the Standards Board for England.]

Textual Amendments

F1S. 57 repealed (31.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 17, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(e) (with arts. 6, 8); S.I. 2012/628, art. 6(h) (with arts. 9, 11, 14, 15, 17)

Commencement Information

I1S. 57 wholly in force at 28.7.2001; s. 57 not in force at Royal Assent see s. 108; s. 57 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 57 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F3Written allegationsU.K.

Textual Amendments

F3Ss. 57A-57D and 58 substituted for s. 58 (31.1.2008 for specified purposes, 8.5.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 185, 245(5) (with s. 201); S.I. 2008/172, art. 6; S.I. 2008/1265, art. 2(a) (with art. 3)

57AWritten allegations: right to make, and initial assessmentU.K.

[F4(1)A person may make a written allegation to the standards committee of a relevant authority in England that a member or co-opted member (or former member or co-opted member) of that authority has failed, or may have failed, to comply with the authority's code of conduct.

(2)Where a standards committee receives an allegation under subsection (1) it must—

(a)refer the allegation to the monitoring officer of the relevant authority concerned (see section 66),

(b)refer the allegation to the Standards Board for England (see section 58), or

(c)decide that no action should be taken in respect of the allegation.

(3)Where an allegation under subsection (1) is in respect of a person who—

(a)is no longer a member or co-opted member of the relevant authority concerned, but

(b)is a member or co-opted member of another relevant authority in England,

the standards committee may, if it thinks it more appropriate than referring the allegation to the monitoring officer of the relevant authority concerned, refer the allegation to the monitoring officer of that other relevant authority.

(4)If the standards committee decides that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing, to the person who made the allegation, of the decision and the reasons for the decision.

(5)Subsections (2) to (4) are subject to any direction under section 57D.

(6)The Standards Board for England—

(a)without prejudice to section 54(6), may issue guidance with respect to the exercise of functions under this section and sections 57B and 57C by standards committees of relevant authorities in England;

(b)may give a direction to the standards committee of a relevant authority in England with respect to the exercise of the committee's functions under this section.]

Textual Amendments

F4S. 57A repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 18, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(f) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

57BRight to request review of decision not to actU.K.

[F5(1)This section applies where a decision is made under section 57A(2) that no action should be taken in respect of an allegation.

(2)The person who made the allegation may make a request to the standards committee of the relevant authority concerned for that decision to be reviewed.

(3)A request under subsection (2)—

(a)must be in writing, and

(b)may not be made after 30 days beginning with the date of the notice under section 57A(4).

(4)Where a request under subsection (2) is received by a standards committee—

(a)section 57A(2) to (4) again apply to the standards committee, and

(b)it must make a reference under section 57A(2)(a) or (b) or (3), or a decision under section 57A(2)(c), within 3 months beginning with the date it received the request.

(5)If by virtue of subsection (4) a decision is made under section 57A(2) that no action should be taken in respect of an allegation, this section does not apply in relation to that decision.

(6)Subsection (4) is subject to any direction under section 57D.]

Textual Amendments

F5S. 57B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 19, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(g) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

57CInformation to be given to subject of allegationU.K.

[F6(1)Subsections (2) to (4) apply where a person makes an allegation under section 57A to a standards committee.

(2)The standards committee must take reasonable steps to give a written summary of the allegation to the person who is the subject of the allegation (“P”); but this is subject to regulations under subsection (7).

(3)If the standards committee makes a decision under section 57A(2) that no action should be taken in respect of the allegation, it must take reasonable steps to give notice in writing to P of the decision and the reasons for the decision.

(4)If the standards committee receives a request under section 57B in relation to the allegation, it must take reasonable steps to give notice in writing to P of the request.

(5)The reference in subsection (3) to a decision under section 57A(2) includes a decision under section 57A(2) as applied by section 57B(4) or 58(3).

(6)Subsections (2) to (4) are subject to any direction under section 57D.

(7)The Secretary of State may by regulations—

(a)provide that in circumstances prescribed by the regulations the duty in subsection (2) does not arise at the time the standards committee receives the allegation, and

(b)make provision, in relation to cases where that duty has been prevented by the regulations from arising at that time, as to when it does arise.]]

Textual Amendments

F6S. 57C repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 20, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(h) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

F757DPower to suspend standards committee's functionsU.K.

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Textual Amendments

F858Allegations referred to Standards BoardE+W

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Textual Amendments

Functions of ethical standards officersE+W

F959 Functions of ethical standards officers.E+W

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Textual Amendments

Investigations [F10by ethical standards officers] E+W

Textual Amendments

F10Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)

F1160 Conduct of investigations.E+W

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Textual Amendments

F1261 Procedure in respect of investigations.E+W

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Textual Amendments

F1362 Investigations: further provisions.E+W

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Textual Amendments

F1463 Restrictions on disclosure of information.E+W

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Textual Amendments

Reports etc. [F15by ethical standards officers ] E+W

Textual Amendments

F1664 Reports etc.E+W

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Textual Amendments

F1765 Interim reports.E+W

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Textual Amendments

F1865ADisclosure by monitoring officers of ethical standards officers' reportsE+W

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Textual Amendments

References to monitoring officersE+W

66 Matters referred to monitoring officers.E+W

(1)The Secretary of State may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section [F1957A, 60(2) or (3) or 64(2) or (4) ] are to be dealt with.

(2)The provision which may be made by regulations under subsection (1) includes provision for or in connection with—

(a)enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,

(b)enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority in respect of any matters referred to him,

(c)enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),

(d)enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of the authority who is the subject of any such report or recommendation),

(e)the publicity to be given to any such reports, recommendations or action.

[F20(f)enabling a monitoring officer of a relevant authority, in such circumstances as may be prescribed by the regulations, to refer back any matters that were referred to him under section 57A.]

(3)The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—

(a)conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,

(b)conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.

[F21(3A)Provision made by virtue of subsection (2)(a) and (3) may make provision corresponding to or applying, with or without modifications, any provisions of sections 62 and 63 (including sections 62(10) and 63(4)) or section 67(1), (1A) and (3) to (5).

(3B)The provision which may be made by virtue of subsection (2)(b) includes provision for or in connection with—

(a)interim reports;

(b)the disclosure of reports.]

(4)The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—

(a)enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member) of the authority,

(b)enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority for a limited period,

(c)conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.

[F22(4A)The provision which may be made by virtue of subsection (2)(f) includes provision applying any provisions of section 57A or 57C, with or without modifications, where matters have been referred back by the monitoring officer.]

(5)Nothing in [F23subsections (2) to (4A) or section 66A] affects the generality of the power under subsection (1).

(6)[F24A person who refers any matters to the monitoring officer of a relevant authority under section 57A, 60(2) or (3) or 64(2) or (4),] may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

Textual Amendments

Commencement Information

I2S. 66 wholly in force at 28.7.2001; s. 66 not in force at Royal Assent see s. 108; s. 66 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 66 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F2566AReferences to [F26First-tier Tribunal] for action in respect of misconductE+W

(1)The provision which may be made by regulations under section 66 by virtue of subsection (2)(d) of that section also includes provision for or in connection with—

(a)enabling a standards committee, where it considers that the action it could take against a person is insufficient, to refer the case to the [F27First-tier Tribunal for a decision] on the action that should be taken against the person,

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)enabling [F29the First-tier Tribunal] to decide what action, of a kind authorised by the regulations, should be taken against the person and enabling [F30the tribunal] to take that action,

F31(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The kinds of action that may be authorised by virtue of subsection (1)(c) include any kinds of action that may be authorised in relation to [F32the First-tier Tribunal] by regulations under section 78A(4) to (6).]

Textual Amendments

[F33Information to be provided to Standards Board by relevant authority]U.K.

Textual Amendments

F33Ss. 66B, 66C and cross-heading inserted (8.5.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 186, 245(5) (with s. 201); S.I. 2008/1265, art. 2(b) (with art. 3)

F3466BPeriodic returnsU.K.

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Textual Amendments

F3566CInformation requestsU.K.

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Textual Amendments

[F36Consultation with ombudsmen]U.K.

Textual Amendments

67 Consultation with [F37ombudsmen ].E+W

[F38(1)If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the M1Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.

[F39(1A)If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part 2 of the Public Services Ombudsman (Wales) Act 2005, he may consult the Public Services Ombudsman for Wales about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part 2 of that Act.]

(2)If, at any stage in the course of conducting an investigation under Part III of [F40the Local Government Act 1974 ], a Local Commissioner forms the opinion that [F41the matters which are the subject of the investigation relate] partly to a matter which could be the subject of an investigation under section 59 of this Act [F42or regulations under section 66 of this Act ], he may consult the Standards Board for England [F43or the standards committee of the relevant authority concerned] about the investigation and [F44, where a complaint was made about the matter, he may ], if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section [F4557A].

[F46(2A)If, at any stage in the course of conducting an investigation under Part 2 of the Public Services Ombudsman (Wales) Act 2005, the Public Services Ombudsman for Wales forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 59 of this Act [F47or regulations under section 66 of this Act], he may consult the Standards Board for England [F48or the standards committee of the relevant authority concerned] about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section [F4957A].]

(3)Consultation under [F50any of subsections (1) to (2A)] may relate to any matter concerned with the investigation, including—

(a)the conduct of the investigation, and

(b)the form, content and publication of any report relating to the investigation.

(4)Nothing in section 32(2) of the M2Local Government Act 1974[F51 , section 26 of the Public Services Ombudsman (Wales) Act 2005] or section 63(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.

(5)In this section “Local Commissioner” has the same meaning as in Part III of the M3Local Government Act 1974.]

Textual Amendments

F37Word in s. 67 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 7; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F38S. 67 repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 35, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(k) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F39S. 67(1A) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 8(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F40Words in s. 67(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 8(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F46S. 67(2A) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 8(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F50Words in s. 67(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 8(d); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F51Words in s. 67(4) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 8(e); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

Commencement Information

I3S. 67 wholly in force at 28.7.2001; s. 67 not in force at Royal Assent see s. 108; s. 67 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 67 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations