C1C2C3C4C5C6Part III Conduct of local government members and employees

Annotations:
Modifications etc. (not altering text)
C5

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

C6

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

C4Chapter II Investigations etc: England

F7Consultation with ombudsmen

Annotations:
Amendments (Textual)

I167 Consultation with F1ombudsmen .

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.

F21A

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 F3the Local Government Act 1974 , a Local Commissioner forms the opinion that F14the 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 F8or regulations under section 66 of this Act , he may consult the Standards Board for England F9or the standards committee of the relevant authority concerned about the investigation and F15, 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 F1057A.

F42A

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 F11or regulations under section 66 of this Act, he may consult the Standards Board for England F12or 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 F1357A.

3

Consultation under F5any 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 1974F6 , 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.