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Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001
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Determinations of the Standards CommitteeE+W
9.—(1) After considering any representations, a Standards Committee must determine:
(a)that there is no evidence of any failure to comply with the code of conduct of the relevant authority and that therefore no action needs to be taken in respect of the matters which are the subject of the investigation;
(b)that a member or co-opted member (or former member or co-opted member) of a relevant authority has failed to comply with the relevant authority’s code of conduct but that no action needs to be taken in respect of that failure;
(c)that a member or co-opted member (or former member or co-opted member) of [F1a relevant authority] has failed to comply with the authority’s code of conduct and should be censured, or
(d)that a member or co-opted member of a relevant authority has failed to comply with the authority’s code of conduct and should be suspended or partially suspended from being a member or co-opted member of that authority for a period not exceeding six months [F2or, if shorter, for the remainder of that person’s term of office].
(2) Where an appeals tribunal drawn from the Adjudication Panel for Wales makes a recommendation in accordance with [F3regulation 12(1)(a)(ii)] below that a different penalty should be imposed, the Standards Committee must also determine whether or not it should uphold its original determination or accept the recommendation.
[F4(3) After making a determination in accordance with paragraph (1) or (2) the Standards Committee must notify:
(a)the person or persons who is or are the subject of the investigation;
[F5(aa)where a subject of the investigation is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—
(i)a constituent council of the corporate joint committee;
(ii)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,
the monitoring officer of that constituent council or National Park authority;]
(b)the person or persons making the allegation of misconduct giving rise to the investigation;
(c)the Public Services Ombudsman for Wales; and
(d)where the Standards Committee has made its determination pursuant to arrangements with the monitoring officer or Standards Committee of another relevant authority, the Standards Committee of that authority.]
(4) After making a determination in accordance with paragraph (2) above the Standards Committee must also notify the president of the Adjudication Panel for Wales.
[F6(5) Notice given under paragraphs (3) and (4) must include reasons for the determination.]
Textual Amendments
F1Words in reg. 9(1)(c) substituted (1.4.2016) by The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(9)(a)(i)
F2Words in reg. 9(1)(d) inserted (1.4.2016) by The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(9)(a)(ii)
F3Words in reg. 9(2) substituted (5.8.2022) by The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 (S.I. 2022/802), regs. 1, 9(a)
F4Reg. 9(3) substituted (1.4.2016) by The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(9)(b)
F5Reg. 9(3)(aa) inserted (5.8.2022) by The Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) (Amendment) Regulations 2022 (S.I. 2022/802), regs. 1, 9(b)
F6Reg. 9(5) inserted (1.4.2016) by The Local Government (Standards Committees, Investigations, Dispensations and Referral) (Wales) (Amendment) Regulations 2016 (S.I. 2016/85), regs. 1(1), 3(9)(c)
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