Part III

Conduct of local government members and employees
Chapter II

Investigations etc: England

Investigations

Conduct of investigations
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1
An ethical standards officer may arrange for any person to assist him in the conduct of any investigation under section 59.
2
An ethical standards officer to whom an investigation under section 59 is assigned may—
a
cease the investigation at any stage before its completion, and
b
refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.
3
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, an ethical standards officer may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (2)(b), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.
4
An ethical standards officer may not at any time conduct an investigation under section 59 in relation to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the ethical standards officer has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
5
An ethical standards officer who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an investigation under section 59—
a
must disclose the nature of his interest to the Standards Board for England, and
b
may not take part in any investigation under that section which relates to that matter.
6
The validity of any acts of an ethical standards officer are not to be affected by any contravention of subsection (4) or (5) or paragraph 3(2) of Schedule 4 or any breach falling within paragraph 3(3) of that Schedule.