The Standards Committee (Further Provisions) (England) Regulations 2009

Notice of intention to serve direction

5.—(1) Where the Standards Board intends to give a direction under section 57D(1) of the Act, it must give notice of that intention, in accordance with the provisions of this regulation, to the authority which it considers should be specified in the direction.

(2) The notice shall be given in writing and shall—

(a) state the intention of the Standards Board to give a direction under section 57D(1) of the Act;

(b) give the reasons why the Standards Board intends to give such a direction; and

(c) set a date no later than 6 months from the date on which the notice is served, before which a direction may be given.

(3) The Standards Board shall send a copy of the notice served under paragraph (2) to the chair of the standards committee and to the monitoring officer of the authority.

(4) The notice served under paragraph (2) shall give the authority no less than 28 days in which to submit observations to the Standards Board.

(5) The Standards Board shall take account of any observations received and any other relevant evidence before deciding whether to proceed to give a direction.

(6) If no direction is given before the date specified in a notice served under paragraph (2), the Standards Board must serve a fresh notice under that paragraph before it may give a direction.

(7) This regulation does not apply—

(a) where a direction is given pursuant to an invitation under regulation 3(2)(e) or (f) to the Standards Board to suspend any functions of a standards committee; or

(b) to a further direction given under regulation 7.