Local Government Act 2000

Chapter IVE+W Adjudications

[F1The Adjudication Panel for Wales] E+W

75 [F2Adjudication Panel for Wales].E+W

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel.

F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine.

(6)The National Assembly for Wales—

(a)must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and

(b)may appoint one of those members as deputy president of the Panel.

F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Such members of the Adjudication Panel for Wales as the National Assembly for Wales thinks fit must possess such qualifications as may be determined by the National Assembly for Wales.

F6(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible—

(a)for training the members of the Panel,

(b)for issuing guidance on how tribunals drawn from the Panel are to reach decisions.

F7(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(12)A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Adjudication Panel for Wales may, at the request of the president or the deputy president (if any) and with the approval of the President of Welsh Tribunals, act as a member of a tribunal drawn from the Panel.]

Case tribunals and interim case tribunalsE+W

76 Case tribunals and interim case tribunals.E+W

(1)Adjudications in respect of matters referred to the president of the [F9Adjudication Panel for Wales] under section F10... 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.

(2)Adjudications in respect of matters referred to the president of the [F11Adjudication Panel for Wales] under section F12... 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.

(3)The president of the [F13Adjudication Panel for Wales] (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.

(4)A case tribunal drawn from the [F14Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F15... 71(3).

(5)An interim case tribunal drawn from the [F16Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F17...72(4).

(6)The president or the deputy president of the [F18Adjudication Panel for Wales] may be a member of a case tribunal or interim case tribunal drawn from the Panel.

(7)A member of the [F19Adjudication Panel for Wales] may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating 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 member of the Panel 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.

(8)A member of the [F20Adjudication Panel for Wales] who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—

(a)must disclose the nature of his interest to the president or deputy president of that Panel, and

(b)may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.

(9)Where there is no deputy president of the [F21Adjudication Panel for Wales], the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as F22...the National Assembly for Wales may specify.

F23(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A person who is a member of an interim case tribunal which, as a result of an investigation under section F24... 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.

F25(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.

(14)The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.

F27(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AdjudicationsE+W

77 Adjudications.E+W

(1)A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by—

(a)counsel or a solicitor, or

(b)any other person whom he desires to represent him.

F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.

F29(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Regulations under this section may, in particular, include provision—

(a)for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses,

(b)for requiring persons to furnish further particulars,

(c)for prescribing the procedure to be followed in adjudications, including provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,

(d)for the award of costs or expenses (including provision with respect to interest and provision with respect to the enforcement of any such award),

(e)for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in [F30the county court]),

(f)for the registration and proof of decisions and awards of tribunals.

(7)A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (6)(a) or (b) F31... is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.

78 Decisions of [F32[F33the First-tier Tribunal or]] interim case tribunals.E+W

(1)[F34In adjudicating on any of the matters which are the subject of an interim report, [F35the First-tier Tribunal or] an interim case tribunal] must reach one of the following decisions—

(a)that the person to whom the recommendation mentioned in section [F3665(3) or] 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,

(b)that that person should be suspended or partially suspended from being a member or co-opted member of the [F37relevant authority concerned ] for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

[F38(2)If the decision of [F39[F40the tribunal concerned] [F40 the interim case tribunal ]] is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned.

(3)If the decision of [F41[F42the tribunal concerned] [F42 the interim case tribunal ]] is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided.

(3A)The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).]

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A decision of an interim case tribunal under this section shall not prevent [F44 the Public Services Ombudsman for Wales] from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation.

(6)The suspension or partial suspension of any person under this section shall not extend beyond the day on which a notice [F45is given by virtue of section [F4678A or] 79] to the standards committee of the relevant authority concerned with respect to that person.

(7)A copy of any notice under this section must be given—

(a)to any person who is the subject of the notice, and

(b)to the monitoring officer of the relevant authority concerned.

[F47(8)Where the person concerned 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—

(a)the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority,

(b)the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority,

(c)the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty—

(i)to give that notice to the standards committee of that other relevant authority, and

(ii)to give a copy of that notice to the standards committee of the relevant authority concerned.

(8A)Subsection (8) does not apply unless—

(a)[F48where the relevant authority concerned is in England, the other relevant authority is also in England,]

(b)[F49where the relevant authority concerned is in Wales,] the other relevant authority is also in Wales.]

(9)[F50[F51The First-tier Tribunal or (as the case may be)]] an interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section [F5259 or] 69 of its decision under this section.

[F53(9A)[F54Where a person is suspended or partially suspended under this section by a decision of the First-tier Tribunal, the person may appeal to the Upper Tribunal—

(a)against the suspension or partial suspension; or

(b)against the length of the suspension or partial suspension,

(unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).]

(9B)[F54An appeal may not be brought under subsection (9A) on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007).]

(9C)[F54An appeal may be brought under subsection (9A) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.]

(9D)[F54In any case where the Upper Tribunal is determining an appeal under subsection (9A), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.]]

(10)[F55Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person] may appeal to the High Court—

(a)against the suspension or partial suspension, or

(b)against the length of the suspension or partial suspension.

[F56(11)An appeal may not be brought under subsection (10) except with the leave of the High Court.]

F5878ADecisions of [F57First-tier Tribunal] E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5978B Section 78A: supplementaryE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79 [F60Decisions of case tribunals: Wales.]E+W

[F61(A1)In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.]

(1)A [F62Welsh case tribunal] which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned.

(2)Where a [F62Welsh case tribunal] decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned.

(3)Where a [F62Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4).

(4)A person may be—

(a)suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or

(b)disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority.

(5)Where a [F62Welsh case tribunal] makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office).

(6)Where a [F62Welsh case tribunal] makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).

(7)Where a [F62Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned—

(a)stating that the person has failed to comply with that code of conduct, and

(b)specifying the details of that failure.

(8)Where a [F62Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned—

(a)stating that the person has failed to comply with that code of conduct,

(b)specifying the details of that failure, and

(c)stating that the person [F63is suspended or partially suspended] for the period, and in the way, which the tribunal has decided.

[F64(9)The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).]

(10)Where a [F62Welsh case tribunal] decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned—

(a)stating that the person has failed to comply with that code of conduct,

(b)specifying the details of that failure, and

(c)stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.

(11)The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).

(12)A copy of any notice under this section—

[F65(a)must be given to the Public Services Ombudsman for Wales,]

(b)must be given to any person who is the subject of the decision to which the notice relates, and

(c)must be published in one or more newspapers circulating in the area of the relevant authority concerned.

(13)Where the person concerned 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 F66...

(a)a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,

[F67(b)the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,]

(c)the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty—

(i)to give that notice to the standards committee of that other relevant authority, and

(ii)to give a copy of that notice to the standards committee of the relevant authority concerned,

(d)the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

(14)A [F62Welsh case tribunal] must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the [F62Welsh case tribunal] under this section.

(15)Where a [F62Welsh case tribunal] decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.

[F68(16)An appeal may not be brought under subsection (15) except with the leave of the High Court.]

80 Recommendations by F69... case tribunals.E+W

(1)[F70Where F71... a case tribunal has adjudicated on any matter under this Act, it] may make recommendations to a relevant authority about any matters relating to—

(a)the exercise of the authority’s functions,

(b)the authority’s code of conduct, or

(c)the authority’s standards committee.

(2)[F72A case tribunal] must send a copy of any recommendations it makes under subsection (1) to the relevant person.

(3)A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the [F73Public Services Ombudsman for Wales] giving details of what action the authority have taken or are proposing to take as a result of the recommendations.

(4)A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the M1Local Government Act 1972 applies, is not to be a function to which that section applies).

(5)If the [F74Public Services Ombudsman for Wales] is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the [F74Public Services Ombudsman for Wales] may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations.

F75(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .