Search Legislation

Local Government Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Local Government Act 2000, Part III is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part IIIU.K. Conduct of local government members and employees

Modifications etc. (not altering text)

C5Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C6Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C7Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14

Chapter IE+W Conduct of members

Modifications etc. (not altering text)

C11Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)

Standards of conductE+W

49 Principles governing conduct of members of relevant authorities.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities F2....

[F3(2A)An order under subsection (1) must provide as respects each specified principle—

(a)that it applies to a person only when acting in an official capacity; or

(b)that it applies to a person only when not acting in an official capacity;

but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B).

(2B)A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.

F4(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D)An order under subsection (2)—

(a)may specify principles which are to apply to a person at all times;

(b)may specify principles which are to apply to a person otherwise than at all times.]

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before making an order under this section, the National Assembly for Wales must consult—

(a)such representatives of relevant authorities F6... as it considers appropriate,

(b)the [F7Auditor General for Wales],

(c)[F8the Public Services Ombudsman for Wales], and

(d)such other persons (if any) as it considers appropriate.

(6)In this Part “relevant authority” means—

(a)a county council [F9in Wales],

(b)a county borough council,

[F10(ba)a corporate joint committee;]

F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a community council,

F12(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13(l)a fire and rescue authority [F14in Wales] constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,]

F15(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(na). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(nb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p)a National Park authority [F16in Wales] established under section 63 of the M1Environment Act 1995.

(7)In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—

(a)is a member of any committee or sub-committee of the authority, or

(b)is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.

[F17(8)In this Part, “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.]

Textual Amendments

F1S. 49(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F2Words in s. 49(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F4S. 49(2C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F5S. 49(3)(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F6Words in s. 49(5)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F8Words in s. 49(5)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 2(b); S.I. 2005/2800, arts. 4(1)(a)(2), 5(1)(3) (with art. 4(3))

F9Words in s. 49(6)(a) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F11S. 49(6)(c)-(e) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F12S. 49(6)(g)-(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(c), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F13S. 49(6)(I) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 94; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F14Words in s. 49(6)(l) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(d); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F15S. 49(6)(m)-(o) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(e), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F16Words in s. 49(6)(p) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(f); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

Modifications etc. (not altering text)

Commencement Information

I1S. 49 wholly in force at 28.7.2001; s. 49 not in force at Royal Assent see s. 108; s. 49(2)(5)(6)(a)(b)(f)(l)(m)(p)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 49 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 49 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

50 Model code of conduct.E+W

F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities F19... (also referred to in this Part as a model code of conduct).

(3)The power under subsection F20... (2) to issue a model code of conduct includes power to revise any such model code which has been issued.

(4)A model code of conduct—

(a)must be consistent with the principles for the time being specified in an order under section F21... 49(2) F22...,

(b)may include provisions which are mandatory, and

(c)may include provisions which are optional.

[F23(4A)A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection—

(a)that the provision applies to a person only when acting in an official capacity; or

(b)that it applies to a person only when not acting in an official capacity;

but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).

(4B)A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.

F24(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4E)A model code of conduct issued under subsection (2) may include—

(a)provisions which are to apply to a person at all times;

(b)provisions which are to apply to a person otherwise than at all times.]

(5)Before making an order under this section, F25... the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section.

F26(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18S. 50(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F19Words in s. 50(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F20Words in s. 50(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F21Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F22Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F24S. 50(4C)(4D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(6), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F25Words in s. 50(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F26S. 50(6)(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(8), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I2S. 50 wholly in force at 28.7.2001; s. 50 not in force at Royal Assent see s. 108; s. 50(2)-(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 50 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 50 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

51 Duty of relevant authorities to adopt codes of conduct.E+W

(1)It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct).

(2)It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution—

(a)adopting a code of conduct in place of their existing code of conduct under this section, or

(b)revising their existing code of conduct under this section.

(3)A relevant authority may by resolution—

(a)adopt a code of conduct in place of their existing code of conduct under this section, or

(b)revise their existing code of conduct under this section.

(4)A code of conduct or revised code of conduct—

(a)must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority,

(b)may incorporate any optional provisions of that model code, and

(c)may include other provisions which are consistent with that model code.

[F27(4A)Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England F28..., the code must provide—

(a)that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or

(b)that it applies to a person only when not acting in an official capacity (within that meaning);

but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).

(4B)A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code.

(4C)The provisions which may be included under subsection (4)(c) F29... include—

(a)provisions which are to apply to a person at all times;

(b)provisions which are to apply to a person otherwise than at all times.]

(5)Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection—

(a)they must comply with that duty as soon as reasonably practicable after the end of that period, and

(b)any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty.

(6)As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must—

(a)ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours,

(b)publish in one or more newspapers circulating in their area a notice which—

(i)states that they have adopted or revised a code of conduct,

(ii)states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and

(iii)specifies the address of that office, and

(c)send a copy of the code or revised code—

F30(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)F31... to the [F32Public Services Ombudsman for Wales ].

(7)Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.

[F33(7A)But subsections (6)(a) and (b) and (7) do not apply in relation to a corporate joint committee.

(7B)As soon as reasonably practicable after adopting or revising a code of conduct under this section, a corporate joint committee must publish the code or revised code electronically.

(7C)A corporate joint committee must send a copy of its code to any member of the public who requests a copy, as soon as reasonably practicable after receiving the request.]

(8)A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate.

(9)A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the M2Local Government Act 1972 [F34or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021] applies, is not to be a function to which [F35that section or regulation, applies]).

Textual Amendments

F29Words in s. 51(4C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F31Words in s. 51(6)(c)(ii) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F32Words in s. 51(6)(c)(ii) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 3; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

Modifications etc. (not altering text)

Commencement Information

I3S. 51 wholly in force at 28.7.2001; s. 51 not in force at Royal Assent see s. 108; s. 51 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 51 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

52 Duty to comply with code of conduct.E+W

(1)[F36Subject to subsection (1A), a person] who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—

(a)must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51, and

(b)if he fails to do so, is to cease to be a member or co-opted member at the end of that period.

[F38(1A)This section does not apply in the case of a member or co-opted member of a corporate joint committee (as to which see section 52ZA). ]

(2)The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the M3Local Government Act 1972 [F39in relation to a relevant authority] may include an undertaking by the declarant that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

(3)A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

(4)A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.

[F40(5)In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—

(a)the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and

(b)the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.]

Textual Amendments

F39Words in s. 52(2) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 11; S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

Commencement Information

I4S. 52 wholly in force at 28.7.2001; s. 52 not in force at Royal Assent see s. 108; s. 52 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 52 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

[F4152ACounty and county borough councils: duties of leaders of political groups in relation to standards of conductE+W

(1)A leader of a political group consisting of members of a county council or county borough council in Wales—

(a)must take reasonable steps to promote and maintain high standards of conduct by the members of the group, and

(b)must co-operate with the council's standards committee (and any sub-committee of the committee) in the exercise of the standards committee's functions.

(2)In complying with subsection (1), a leader of a political group must have regard to any guidance about the functions under that subsection issued by the Welsh Ministers.

(3)The Welsh Ministers may by regulations make provision for the purposes of this section about the circumstances in which—

(a)members of a county council or county borough council in Wales are to be treated as constituting a political group;

(b)a member of a political group is to be treated as a leader of the group.

(4)Before making regulations under subsection (3), the Welsh Ministers must consult such persons as they think appropriate.]

[F4252ZADuty to comply with code of conduct for corporate joint committeesE+W

(1)A person who is a member or co-opted member of a corporate joint committee must observe a code of conduct adopted by the corporate joint committee under section 51, including a code revised under subsection (3)(b) of that section.

(2)In relation to a corporate joint committee whose members or co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1) to the code of conduct adopted by the corporate joint committee includes the mandatory provisions which for the time being apply to the members or co-opted members of the corporate joint committee.]

Standards committeesE+W

53 Standards committees.E+W

(1)Subject to subsection (2), every relevant authority must establish a committee [F43or, with one or more other relevant authorities, a joint committee] which is to have the functions conferred on it by or under this Part.

[F44(1ZA)Subsections (1ZB) and (1ZC) apply for the purposes of subsection (1).

(1ZB)Where a relevant authority is a corporate joint committee—

(a)the reference to establishing a committee is to be read as a reference to establishing a sub-committee;

(b)the reference to establishing a joint committee with one or more other relevant authorities is to be read, where all of the other relevant authorities are corporate joint committees, as a reference to establishing a joint sub-committee.

(1ZC)The reference to establishing a joint committee is to be read, where one or more of the relevant authorities are corporate joint committees and one or more of the relevant authorities are not corporate joint committees, as a reference to establishing a joint committee which is—

(a)a sub-committee in relation to the corporate joint committee (or committees), and

(b)a committee in relation to the relevant authority which is not (or relevant authorities which are not) a corporate joint committee.]

[F45(1A)In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1) [F46(read in accordance with subsections (1ZA) to (1ZC))].]

[F47(1B)A relevant authority which is a corporate joint committee must establish its first standards committee within the period of 90 days which begins with the day after the day on which the first regulations under subsection (11) which apply to the corporate joint committee come into force.]

(2)Subsection (1) does not apply to a F48... community council.

F49(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The [F50Welsh Ministers] may by regulations make provision—

(a)as to the size and composition of standards committees of relevant authorities F51... (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority [F52or authorities] concerned),

(b)as to the term of office of members of any such committees,

(c)as to the persons who may, may not or must chair any such committees,

(d)as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,

[F53(da)about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee),]

(e)for or in connection with treating any [F54standards] committees as bodies to which section 15 of the M4Local Government and Housing Act 1989 does not apply,

(f)with respect to the access of the public to meetings of such committees,

(g)with respect to the publicity to be given to meetings of such committees,

(h)with respect to the production of agendas for, or records of, meetings of such committees,

(i)with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees,

(j)as to the proceedings and validity of proceedings of any such committees,

(k)for or in connection with requiring relevant authorities F55... to send to [F56the Public Services Ombudsman for Wales] statements which set out the terms of reference of their standards committees.

(12)The provision which may be made by virtue of subsection F57... (11)(f) to (i) includes provision which

[F58(a)]applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972;

[F59(b)in relation to a standards committee which is established by a corporate joint committee and which is not a joint standards committee, disapplies or modifies any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (meetings and proceedings; see also regulation 22 of those Regulations);

(c)in relation to a standards committee which is established by a corporate joint committee and which is a joint standards committee, applies or reproduces (with or without modifications) any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (but the power in this paragraph does not affect the exercise of the power in paragraph (a) in relation to such joint standards committees).]

[F60(13)A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so.]

Textual Amendments

F48Words in s. 53(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F49S. 53(3)-(10) repealed (31.1.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(3), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(c) (with arts. 6, 8); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F51Words in s. 53(11)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(4)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F55Words in s. 53(11)(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(4)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F56Words in s. 53(11)(k) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 4; S.I. 2005/2800, arts. 4(1)(a)(2), 5(1) (with art. 4(3))

F57Words in s. 53(12) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 12(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I5S. 53 wholly in force at 28.7.2001; s. 53 not in force at Royal Assent see s. 108; s. 53(11)(12) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 53 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 53 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

54 Functions of standards committees.E+W

(1)The general functions of a standards committee of a relevant authority are—

(a)promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and

(b)assisting members and co-opted members of the authority to observe the authority’s code of conduct.

(2)Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions—

(a)advising the authority on the adoption or revision of a code of conduct,

(b)monitoring the operation of the authority’s code of conduct, and

(c)advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct.

[F61(2A)A standards committee of a county council or county borough council in Wales also has the specific functions of—

(a)monitoring compliance by leaders of political groups on the council with their duties under section 52A(1), and

(b)advising, training or arranging to train leaders of political groups on the council about matters relating to those duties.]

(3)A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.

[F62(3A)In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.]

F63(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F64Welsh Ministers] may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities F65....

[F66(5A)Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee.

(5B)In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), whenever passed or made.]

F67(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F68(7)A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.]

Textual Amendments

F63S. 54(4) repealed (7.6.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(2), Sch. 25 Pt. 5; S.I. 2012/1463, arts. 2(h), 5(a)(d) (with arts. 6, 7); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F65Words in s. 54(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 13(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I6S. 54 wholly in force at 28.7.2001; s. 54 not in force at Royal Assent see s. 108; s. 54(5)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 54 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 54 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F6954ASub-committees of standards committeesE+W

(1)A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee.

[F70(1A)Subsection (1) does not apply to a standards committee established by a corporate joint committee.]

(2)Subsection (1) does not apply to functions under section F71...56.

(3)A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed F72....

F73(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority F74...—

(a)regulations under section 53(11) may make provision in relation to such sub-committees, and

(b)section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees.

(6)Subject to F75... any provision made by regulations under section [F7653(11)(a)] (as applied by this section)—

(a)the number of members of a sub-committee under subsection (1), and

(b)the term of office of those members,

are to be fixed by the standards committee by which the sub-committee is appointed.]

Textual Amendments

F72Words in s. 54A(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F73S. 54A(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F74Words in s. 54A(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F75Words in s. 54A(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F76Words in s. 54A(6) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 14(5)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F7855 Standards committees F77... for parish councils.E+W

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

Textual Amendments

F78S. 55 repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 15, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

56 Standards committees or sub-committees for community councils.E+W

(1)A standards committee of a county council in Wales is to have the same functions in relation to—

(a)the community councils which are situated in the area of the county council, and

(b)the members of those community councils,

as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.

(2)A standards committee of a county borough council is to have the same functions in relation to—

(a)the community councils which are situated in the area of the county borough council, and

(b)the members of those community councils,

as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council.

(3)A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.

(4)In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.

(5)Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section.

(6)Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.

(7)Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to—

(a)the standards committee of the county council or county borough council in whose area the community council is situated, or

(b)where that standards committee has appointed a sub-committee under this section, that sub-committee;

and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.

F7956AJoint committees of relevant authorities in EnglandE+W

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

Textual Amendments

F79S. 56A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 16, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

[F8056BAnnual reports by standards committeesE+W

(1)As soon as reasonably practicable after the end of each financial year, a standards committee of a relevant authority must make an annual report to the authority in respect of that year.

(2)The annual report must describe how the committee's functions have been discharged during the financial year.

(3)In particular, the report must include a summary of—

(a)what has been done to discharge the general and specific functions conferred on the committee by section 54 or 56;

(b)reports and recommendations made or referred to the committee under Chapter 3 of this Part;

(c)action taken by the committee following its consideration of such reports and recommendations;

(d)notices given to the committee under Chapter 4 of this Part.

(4)An annual report by a standards committee of a county council or county borough council in Wales must include the committee's assessment of the extent to which leaders of political groups on the council have complied with their duties under section 52A(1) during the financial year.

(5)An annual report by a standards committee of a relevant authority may include recommendations to the authority about any matter in respect of which the committee has functions.

(6)A relevant authority must consider each annual report made by its standards committee before the end of 3 months beginning with the day on which the authority receives the report.

(7)The function of considering the report may be discharged only by the relevant authority (and accordingly is not a function to which section 101 of the Local Government Act 1972 [F81or, in the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions)] applies).

(8)In this section “financial year” means a period of 12 months ending with 31 March.]

Chapter IIU.K. Investigations etc: England

Standards Board for EnglandU.K.

F8257 Standards Board for England.U.K.

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

Textual Amendments

F82S. 57 repealed (31.1.2012 for specified purposes, 1.4.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 17, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(e) (with arts. 6, 8); S.I. 2012/628, art. 6(h) (with arts. 9, 11, 14, 15, 17)

[F83Written allegations]U.K.

Textual Amendments

F83Ss. 57A-57D and 58 substituted for s. 58 (31.1.2008 for specified purposes, 8.5.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 185, 245(5) (with s. 201); S.I. 2008/172, art. 6; S.I. 2008/1265, art. 2(a) (with art. 3)

F8457AWritten allegations: right to make, and initial assessmentU.K.

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

Textual Amendments

F84S. 57A repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 18, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(f) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F8557BRight to request review of decision not to actU.K.

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

Textual Amendments

F85S. 57B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 19, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(g) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F867CInformation to be given to subject of allegationU.K.

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

Textual Amendments

F86S. 57C repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 20, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(h) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F8757DPower to suspend standards committee's functionsU.K.

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

F8858Allegations referred to Standards BoardE+W

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

Functions of ethical standards officersE+W

F8959 Functions of ethical standards officers.E+W

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

Investigations [F90by ethical standards officers] E+W

Textual Amendments

F90Words in s. 60 cross-heading inserted (1.4.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 191(2), 245(5) (with s. 201); S.I. 2008/172, art. 7(2)

F9160 Conduct of investigations.E+W

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

F9261 Procedure in respect of investigations.E+W

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

F9362 Investigations: further provisions.E+W

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

F9463 Restrictions on disclosure of information.E+W

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

Reports etc. [F95by ethical standards officers ] E+W

Textual Amendments

F9664 Reports etc.E+W

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

F9765 Interim reports.E+W

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

F9865ADisclosure by monitoring officers of ethical standards officers' reportsE+W

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

References to monitoring officersE+W

F9966 Matters referred to monitoring officers.E+W

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

Textual Amendments

F99S. 66 repealed (7.6.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 31, Sch. 25 Pt. 5; S.I. 2012/1463, arts. 2(h), 5(a)(d) (with arts. 6, 7); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F10166AReferences to [F100First-tier Tribunal] for action in respect of misconductE+W

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

Textual Amendments

F101S. 66A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 32, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

[F102Information to be provided to Standards Board by relevant authority]U.K.

Textual Amendments

F10366BPeriodic returnsU.K.

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

F10466CInformation requestsU.K.

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

[F105Consultation with ombudsmen]U.K.

Textual Amendments

F10767 Consultation with [F106ombudsmen ].E+W

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

Textual Amendments

F106Word in s. 67 heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 7; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F107S. 67 repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 35, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(k) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

Chapter IIIE+W Investigations etc: Wales

[F108Public Services Ombudsman for Wales]E+W

Textual Amendments

F108Pt. III Ch. III cross-heading preceding s. 68 substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 9; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

68 [F109Public Services Ombudsman for Wales .]E+W

(1)[F110The Public Services Ombudsman for Wales] is to have the functions conferred on him by this Part and such other functions as may be conferred on him by order made by the National Assembly for Wales under this subsection.

(2)[F111The Public Services Ombudsman for Wales]

(a)may issue guidance to relevant authorities F112... on matters relating to the conduct of members and co-opted members of [F113those] authorities,

(b)may issue guidance to relevant authorities F114... in relation to the qualifications or experience which monitoring officers should possess, and

(c)may arrange for any such guidance to be made public.

[F115(3)The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of [F116the Public Services Ombudsman (Wales) Act 2019] specified in the regulations, treats—

(a)functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or

(b)expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part.]

(4)The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of F117...that Act.

F118(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109S. 68 heading: word substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 10; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F110Words in s. 68(1) substituted (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(a); S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F111Words in s. 68(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F112Words in s. 68(2)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(a)(i), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F113Word in s. 68(2)(a) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(a)(ii); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F114Words in s. 68(2)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 36(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F117Words in s. 68(4) repealed (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(d), Sch. 7; S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

F118S. 68(5) repealed (12.10.2005 for specified purposes) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 11(e), Sch. 7; S.I. 2005/2800, art. 4(1)(b)(2) (with art. 4(3))

Commencement Information

I7S. 68 wholly in force at 28.7.2001; s. 68 not in force at Royal Assent see s. 108; s. 68(3)-(5) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 68 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

InvestigationsE+W

69 [F119Investigations by the Public Services Ombudsman for Wales.]E+W

(1)[F120The Public Services Ombudsman for Wales] may investigate—

(a)cases in which a written allegation is made to him by any person that a member or co-opted member (or former member or co-opted member) of a relevant authority F121... has failed, or may have failed, to comply with the authority’s code of conduct, and

(b)other cases in which he considers that a member or co-opted member (or former member or co-opted member) of a relevant authority F121... has failed, or may have failed, to comply with the authority’s code of conduct and which have come to his attention as a result of an investigation under paragraph (a).

(2)If [F122the Public Services Ombudsman for Wales] considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.

(3)The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.

(4)Those findings are—

(a)that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,

(b)that no action needs to be taken in respect of the matters which are the subject of the investigation,

(c)that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or

(d)that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1).

(5)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 F123..., the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly [F124if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he] must decide to which of those monitoring officers to refer the matters concerned).

[F125(6)Sections 69A to 69E apply in relation to the exercise of the functions of the Public Services Ombudsman for Wales under this section.]

Textual Amendments

F119Pt. III Ch. III(crossheading)(investigations) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 12; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F120Words in s. 69(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F121Words in s. 69(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 37(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F122Words in s. 69(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F123Words in s. 69(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 37(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F124Words in s. 69(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 13(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

[F12669APossible conflict of interest in an investigationE+W

(1)If subsection (2) or (4) applies in a case involving a member or co-opted member (or former member or co-opted member) of a relevant authority, the Public Services Ombudsman for Wales (“the Ombudsman”) must exercise the power in paragraph 14 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2019 to delegate—

(a)the decision as to whether to investigate the case under section 69, and

(b)any investigation of the case.

(2)This subsection applies if at any time within the period of five years ending with the date mentioned in subsection (3) the Ombudsman was—

(a)a member,

(b)a member of a committee, sub-committee, joint committee or joint sub-committee, or

(c)an officer,

of the relevant authority concerned.

(3)The date is—

(a)if the case is within section 69(1)(a), the date on which the Ombudsman received the written allegation, or

(b)if the case is within section 69(1)(b), the date on which the Ombudsman received the written allegation investigated under section 69(1)(a).

(4)This subsection applies if the Ombudsman considers that the Ombudsman has, or is likely to have, an interest in the matters which may be investigated or the outcome of any investigation.

(5)If subsection (4) applies the Ombudsman must disclose the nature of the interest to the person to whom any investigation under section 69 would or does relate, and to any person who has made an allegation as described in section 69(1)(a).

(6)If the Ombudsman makes a decision as to whether to investigate a case, or investigates a case, in contravention of subsection (1), that contravention does not affect the validity of anything done by the Ombudsman.

69BInvestigation procedureE+W

(1)If the Ombudsman conducts an investigation under section 69, the Ombudsman must give the person to whom the investigation relates an opportunity to comment on whether that person has failed to comply with the code of conduct of the relevant authority of which that person is or was a member or co-opted member.

(2)An investigation must be conducted in private.

(3)Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case.

(4)The Ombudsman may, among other things—

(a)make any inquiries which the Ombudsman thinks appropriate;

(b)determine whether any person may be represented in the investigation by an authorised person or another person.

(5)In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

(6)The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation—

(a)sums in respect of the expenses properly incurred by them, and

(b)allowances to compensate for the loss of their time.

(7)The Ombudsman may attach conditions to payments under subsection (6).

(8)The carrying out of an investigation under section 69 does not affect—

(a)the validity of any action taken by a relevant authority, or

(b)any power or duty of a relevant authority to take further action in respect of any matter under investigation.

69CInformation, documents, evidence and facilitiesE+W

(1)The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation under section 69 to do so.

(2)The Ombudsman has the same powers as the High Court in relation to—

(a)the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b)the production of documents.

(3)The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation to provide any facility the Ombudsman may reasonably require.

(4)The Ombudsman may require the relevant authority concerned to provide any facility the Ombudsman may reasonably require.

(5)Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.

(6)The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings.

(7)Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or a rule of law, the obligation or restriction does not apply to the disclosure of information for the purposes of the investigation.

69DObstruction and contemptE+W

(1)If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court.

(2)The condition is that the person—

(a)without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or

(b)has done an act in relation to an investigation under section 69 which, if the investigation were proceedings in the High Court, would constitute contempt of court.

(3)But the condition in subsection (2) is not met in relation to a person merely because that person has taken action such as is mentioned in section 69B(8).

(4)If the Ombudsman issues a certificate under subsection (1), the High Court may inquire into the matter.

(5)If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court.

69EDisclosure of informationE+W

(1)This section applies to information obtained in the exercise of the Ombudsman's functions under this Part by—

(a)the Ombudsman;

(b)a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf;

(c)a person assisting the Ombudsman.

(2)The information may be disclosed only—

(a)for the purposes of the Ombudsman's functions under—

(i)Chapter 3 or 4 of this Part;

(ii)Part 3 or 5 of the Public Services Ombudsman (Wales) Act 2019;

(b)for the purposes of the functions of the Adjudication Panel for Wales, including the functions of its President, Deputy President and tribunals, under Chapter 4 of this Part;

(c)for the purposes of criminal proceedings or the investigation of a criminal offence;

(d)if the disclosure is made to the Auditor General for Wales for the purposes of the Auditor General's functions under Part 2 of the Public Audit (Wales) Act 2004;

(e)if the disclosure is made to the Electoral Commission for the purposes of any of its functions.

69FPower of the Welsh Ministers to amend this ChapterE+W

The Welsh Ministers may by regulations amend this Chapter to make further or different provision about the exercise of the functions of the Public Services Ombudsman for Wales under section 69.]

70 [F127Ceasing investigations etc.]E+W

F128(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F130The Public Services Ombudsman for Wales] may cease an investigation under section 69 at any stage before its completion.

(4)Where [F131the Public Services Ombudsman for Wales ] ceases an investigation under section 69 before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.

(5)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 F132..., [F131the Public Services Ombudsman for Wales ] may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.

Textual Amendments

F130Words in s. 70(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 14(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F131Words in s. 70(4)(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 14(c); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F132Words in s. 70(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 38(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Modifications etc. (not altering text)

Commencement Information

I8S. 70 wholly in force at 28.7.2001; s. 70 not in force at Royal Assent see s. 108; s. 70(1)(2) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 70 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Reports etc.E+W

71 Reports etc.E+W

(1)Where [F133the Public Services Ombudsman for Wales] determines in relation to any case that a finding under section 69(4)(a) or (b) is appropriate—

(a)he may produce a report on the outcome of his investigation,

(b)he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,

(c)he must send to the monitoring officer of the relevant authority concerned a copy of any such report, F134...

[F135(ca)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who 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 Ombudsman must send a copy of any such report to the monitoring officer of that constituent council or National Park authority (in addition to sending a copy of the report to the monitoring officer of the corporate joint committee in accordance with paragraph (c)),]

(d)where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation[F136, and

(da)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who 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,

where the Ombudsman does not produce any such report the Ombudsman must inform the monitoring officer of that constituent council or National Park authority of the outcome of the investigation (in addition to informing the monitoring officer of the corporate joint committee in accordance with paragraph (d)).]

(2)Where [F133the Public Services Ombudsman for Wales] determines in relation to any case that a finding under section 69(4)(c) is appropriate he must—

(a)produce a report on the outcome of his investigation,

(b)subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and

(c)send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.

[F137(2A)Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

(a)a constituent council of the corporate joint committee;

(b)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,

that a finding under section 69(4)(c) is appropriate, in addition to taking the steps set out in subsection (2) the Ombudsman must send a copy of the report to the monitoring officer and standards committee of that constituent council or National Park authority.]

(3)Where [F133the Public Services Ombudsman for Wales] determines in relation to any case that a finding under section 69(4)(d) is appropriate he must—

(a)produce a report on the outcome of his investigation,

(b)refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1), and

(c)send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.

[F138(3A)Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

(a)a constituent council of the corporate joint committee;

(b)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,

that a finding under section 69(4)(d) is appropriate, in addition to taking the steps set out in subsection (3) the Ombudsman must send a copy of the report to the monitoring officer of that constituent council or National Park authority.]

(4)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 F139...—

(a)the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and

(b)[F140if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he] must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.

(5)A report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.

(6)[F141The Public Services Ombudsman for Wales] must—

(a)inform any person who is the subject of an investigation under section 69, and

(b)take reasonable steps to inform any person who made any allegation which gave rise to the investigation,

of the outcome of the investigation.

[F142(7)In this Part a reference to a constituent council of a corporate joint committee means a constituent council as set out in the regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]

Textual Amendments

F133Words in s. 71(1)-(3) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(a); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F139Words in s. 71(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 39, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F140Words in s. 71(4)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(b); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F141Words in s. 71(6) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 15(c); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

72 Interim reports.E+W

(1)Where he considers it necessary in the public interest, [F143the Public Services Ombudsman for Wales] may, before the completion of an investigation under section 69, produce an interim report on that investigation.

(2)An interim report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.

(3)Where the prima facie evidence is such that it appears to [F143the Public Services Ombudsman for Wales]

(a)that the person who is the subject of the interim report has failed to comply with the code of conduct of the relevant authority concerned,

(b)that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and

(c)that it is in the public interest to suspend or partially suspend that person immediately,

the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

(4)Where [F143the Public Services Ombudsman for Wales] produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2).

(5)A copy of any report under this section must be given—

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

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

[F144(ba)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who 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,

to the monitoring officer of that constituent council or National Park authority (in addition to being given to the monitoring officer of the corporate joint committee in accordance with paragraph (b)),] and

(c)to the president of the Adjudication Panel for Wales.

(6)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 F145...—

(a)the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and

(b)the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

Textual Amendments

F143Words in s. 72(1)(3)(4) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 16; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4); S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F145Words in s. 72(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 40, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

References to monitoring officersE+W

73 Matters referred to monitoring officers.E+W

(1)The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section [F14670(4) or (5) or 71(2) or (4)] are to be dealt with.

(2)The provision which may be made by regulations under subsection (1) includes provision for or in connection with—

(a)enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,

(b)enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority[F147, or to the standards committee of another relevant authority,] in respect of any matters referred to him,

[F148(ba)enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority,]

[F149(c)enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by—

(i)a monitoring officer of a relevant authority, or

(ii)the standards committee of another relevant authority.

(ca)the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it,]

(d)enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of [F150a relevant authority] who is the subject of any such report or recommendation),

(e)the publicity to be given to any such reports, recommendations or action.

(3)The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—

(a)conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,

(b)conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.

(4)The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—

(a)enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)F151...,

(b)enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority [F152of which they are a member] for a limited period,

(c)conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.

(5)Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).

F153(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where [F154the Public Services Ombudsman for Wales] refers any matters to the monitoring officer of a relevant authority under section [F155 70(4) or (5) or 71(2) or (4) ] he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

Textual Amendments

F153S. 73(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 41, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F154Words in s. 73(7) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 17; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

Commencement Information

I9S. 73 wholly in force at 28.7.2001; s. 73 not in force at Royal Assent see s. 108; s. 73 in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 73 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F156Law of defamationE+W

74Law of defamation: absolute privilegeE+W

For the purposes of the law of defamation a publication of a matter is absolutely privileged if—

(a)the publication is made in the exercise of the functions of the Ombudsman under Chapters 3 and 4 of this Part;

(b)the publication—

(i)is made in communications with the Ombudsman or a person exercising a function of the Ombudsman, and

(ii)is made for the purposes of, or in connection with, the Ombudsman's functions under Chapters 3 and 4 of this Part.]

Chapter IVE+W Adjudications

[F157The Adjudication Panel for Wales] E+W

Textual Amendments

75 [F158Adjudication Panel for Wales].E+W

F159(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.

F160(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(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.

F161(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.

F162(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.

F163(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F164(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.]

Textual Amendments

F164S. 75(12) inserted (12.12.2017 being the day on which S.I. 2017/1282 comes into force) by Wales Act 2017 (c. 4), ss. 62(5), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

Commencement Information

I10S. 75 wholly in force at 28.7.2001; s. 75 not in force at Royal Assent see s. 108; s. 75(2)(5)(6)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 75 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 75 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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 [F165Adjudication Panel for Wales] under section F166... 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 [F167Adjudication Panel for Wales] under section F168... 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 [F169Adjudication 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 [F170Adjudication 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 F171... 71(3).

(5)An interim case tribunal drawn from the [F172Adjudication 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 F173...72(4).

(6)The president or the deputy president of the [F174Adjudication Panel for Wales] may be a member of a case tribunal or interim case tribunal drawn from the Panel.

(7)A member of the [F175Adjudication 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 [F176Adjudication 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 [F177Adjudication 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 F178...the National Assembly for Wales may specify.

F179(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A person who is a member of an interim case tribunal which, as a result of an investigation under section F180... 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.

F181(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182(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.

F183(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I11S. 76 wholly in force at 28.7.2001; s. 76 not in force at Royal Assent see s. 108; s. 76(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 76 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 76 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

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.

F184(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F184(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.

F185(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 [F186the 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) F187... 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.

Textual Amendments

F185S. 77(5) omitted (12.12.2017 being the day on which S.I. 2017/1282 comes into force) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 58 (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2)

F186Words in s. 77(6)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F187Words in s. 77(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 42, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I12S. 77 wholly in force at 28.7.2001; s. 77 not in force at Royal Assent see s. 108; s. 77(4)(6) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 77 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 77 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

78 Decisions of F188... interim case tribunals.E+W

(1)[F189In adjudicating on any of the matters which are the subject of an interim report, F190... an interim case tribunal] must reach one of the following decisions—

(a)that the person to whom the recommendation mentioned in section F191... 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 [F192relevant authority concerned] for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.

[F193(2)If the decision of [F194the 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 [F195the 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).]

F196(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A decision of an interim case tribunal under this section shall not prevent [F197the 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 [F198is given by virtue of section F199... 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, F200...

(b)to the monitoring officer of the relevant authority concerned[F201, and

(ba)where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who 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,

to the monitoring officer of that constituent council or National Park authority (in addition to being given to the monitoring officer of the corporate joint committee in accordance with paragraph (b)).]

[F202(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—

F203(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F204... the other relevant authority is also in Wales.]

(9)F205... an interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section F206... 69 of its decision under this section.

F207(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(9B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(9C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(9D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)[F208Where 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.

[F209(11)An appeal may not be brought under subsection (10) except with the leave of the High Court.]

Textual Amendments

F188Words in s. 78 heading repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F190Words in s. 78(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(3)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F191Words in s. 78(1)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F194Words in s. 78(2) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(4); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F195Words in s. 78(3) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(5); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F197Words in s. 78(5) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 19; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)

F199Words in s. 78(6) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F203S. 78(8A)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(8)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F204Words in s. 78(8A)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(8)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F205Words in s. 78(9) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(9)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F206Words in s. 78(9) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(9)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F207S. 78(9A)-(9D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 43(10), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

Commencement Information

I13S. 78 wholly in force at 28.7.2001; s. 78 not in force at Royal Assent see s. 108; s. 78 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 78 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

F21178ADecisions of [F210First-tier Tribunal] E+W

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

Textual Amendments

F211S. 78A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 44, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F21278B Section 78A: supplementaryE+W

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

Textual Amendments

F212S. 78B repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 45, Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(m) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

79 [F213Decisions of case tribunals: Wales.]E+W

[F214(A1)In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.]

(1)A [F215Welsh 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 [F215Welsh 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 [F215Welsh 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 [F215Welsh 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 [F215Welsh 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 [F215Welsh 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 [F215Welsh 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 [F216is suspended or partially suspended] for the period, and in the way, which the tribunal has decided.

[F217(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 [F215Welsh 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—

[F218(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.

[F219(12A)In the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of—

(a)a constituent council of the corporate joint committee;

(b)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,

a copy of any notice under this section must be given to the monitoring officer of that constituent council or National Park authority (in addition to the steps required by subsection (12) being taken).]

(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 F220...

(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,

[F221(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 [F215Welsh 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 [F215Welsh case tribunal] under this section.

(15)Where a [F215Welsh 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.

[F222(16)An appeal may not be brought under subsection (15) except with the leave of the High Court.]

Textual Amendments

F220Words in s. 79(13) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 46, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F221S. 79(13)(b) substituted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(8)(b), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

F222S. 79(16) inserted (12.12.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 199(9), 245(5) (with s. 201); S.I. 2008/3110, art. 2(f)

Commencement Information

I14S. 79 wholly in force at 28.7.2001; s. 79 not in force at Royal Assent see s. 108; s. 79 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 79 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

80 Recommendations by F223... case tribunals.E+W

(1)[F224Where F225... 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)[F226A 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 [F227Public 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 M5Local Government Act 1972 [F228or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions)] applies, is not to be a function to which [F229that section or regulation applies]).

(5)If the [F230Public 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 [F230Public 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.

F231(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F223Words in s. 80 heading repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F225Words in s. 80(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F226Words in s. 80(2) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(4); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F227Words in s. 80(3) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(5); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F230Words in s. 80(5) substituted (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(6); S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F231S. 80(6) repealed (31.1.2012 for specified purposes, 1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 47(7), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(n) (with arts. 6, 8); S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I15S. 80 wholly in force at 28.7.2001; s. 80 not in force at Royal Assent see s. 108; s. 80 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 80 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Marginal Citations

Chapter VE+W Supplementary

Disclosure and registration of members’ interests etc.E+W

81 Disclosure and registration of members’ interests etc.E+W

(1)The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.

(2)The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.

(3)The mandatory provisions must also—

(a)require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,

(b)make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.

(4)Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committee[F232, or by the standards committee of another relevant authority,] in accordance with regulations made under subsection (5).

(5)The [F233Welsh Ministers] may prescribe in regulations the

[F234(a)]circumstances in which standards committees may grant dispensations under subsection (4),

[F235(b)procedure to be followed for the granting of dispensations.]

(6)A relevant authority must ensure that

[F236(a)] copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours,

[F237(b)the register mentioned in paragraph (a) is published electronically.]

(7)As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—

(a)publish in one or more newspapers circulating in their area a notice which—

(i)states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and

(ii)specifies the address of that office, and

[F238(iii)states that the register is available to be viewed electronically, and

(iv)specifies how to access the electronic version,]

F239(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F240(c)F241... inform the Public Services Ombudsman for Wales that copies of the register are so available.]

[F242(7ZA)But subsections (6) and (7) do not apply to a relevant authority which is a corporate joint committee.

(7ZB)A relevant authority which is a corporate joint committee must publish electronically the register maintained under subsection (1).]

[F243(7A)For the purposes of this section—

(a)section 83(13) does not apply, and

(b)in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972).]

F244(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233Words in s. 81(5) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(2); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F236Words in s. 81(6) renumbered as s. 81(6)(a) (1.5.2015) by Local Government (Democracy) (Wales) Act 2013 (anaw 4), ss. 58(2)(a), 75(3); S.I. 2015/1182, art. 2(d)

F240S. 81(7)(c) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 22(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F241Words in s. 81(7)(c) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F244S. 81(8) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 48(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I16S. 81 wholly in force at 28.7.2001; s. 81 not in force at Royal Assent see s. 108; s. 81(5)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 81 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 81 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Code of conduct for local government employeesE+W

82 Code of conduct for local government employees.E+W

F245(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities F246....

(3)The power under subsection F247... (2) to issue a code includes power—

(a)to issue a separate code for council managers (within the meaning of Part II of this Act), and

(b)to revise any code which has been issued.

F248(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F248(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Before making an order under this section, the National Assembly for Wales must consult—

(a)such representatives of relevant authorities F249... and of employees of [F247those] authorities, as it considers appropriate,

(b)the [F250Auditor General for Wales], and

(c)[F251the Public Services Ombudsman for Wales ].

(7)The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.

(8)In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.

(9)The power to make regulations under subsection (8) is to be exercised—

F252(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F253... by the National Assembly for Wales.

Textual Amendments

F245S. 82(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F246Words in s. 82(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F247Word in s. 82(6)(a) substituted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(6)(b); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)

F248S. 82(4)(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F249Words in s. 82(6)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(6)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F251Words in s. 82(6)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 23; S.I. 2005/2800, arts. 4(1)(d)(2), 5(1) (with art. 4(3))

F252S. 82(9)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(7)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F253Words in s. 82(9)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 49(7)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I17S. 82 wholly in force at 28.7.2001; s. 82 not in force at Royal Assent see s. 108; s. 82(2)(3)(6)(8)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 82 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 82 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

[F254Delegation by monitoring officersE+W

Textual Amendments

F254S. 82A and cross-heading inserted (18.11.2003) by Local Government Act 2003 (c. 26), ss. 113(2), 128(2)(d)

82AMonitoring officers: delegation of functions under Part 3E+W

(1)This section applies to functions of a monitoring officer of a relevant authority in relation to matters referred to him under section F255[F256... 70(4) or (5) or 71(2) or (4) ] .

(2)Where the monitoring officer considers that in a particular case he himself ought not to perform particular functions to which this section applies, those particular functions shall in that case be performed personally by a person nominated for the purpose by the monitoring officer.

(3)Where a deputy nominated by the monitoring officer under section 5(7) of the Local Government and Housing Act 1989 (nomination of member of monitoring officer’s staff to act as deputy when monitoring officer absent or ill) considers that in a particular case he himself ought not to perform particular functions—

(a)to which this section applies, and

(b)which, by reason of the absence or illness of the monitoring officer, would but for this subsection fall to be performed by the deputy,

those particular functions shall, while the monitoring officer continues to be unable to act by reason of absence or illness, be performed in that case personally by a person nominated for the purpose by the deputy.

(4)Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is an officer of the relevant authority, the authority shall provide the officer with such staff, accommodation and other resources as are, in the officer’s opinion, sufficient to allow those functions to be performed.

(5)Where functions to which this section applies are to be performed by a person nominated under subsection (2) or (3) who is not an officer of the relevant authority, the authority shall—

(a)pay the person a reasonable fee for performing the functions,

(b)reimburse expenses properly incurred by the person in performing the functions, but only to the extent that the amount of the expenses is reasonable, and

(c)provide the person with such staff, accommodation and other resources as are reasonably necessary for the person’s performance of the functions.]

Textual Amendments

F255Words in s. 82A repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 50, Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

InterpretationE+W

83 Interpretation of Part III.E+W

(1)In this Part—

  • F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • case tribunal” has the meaning given by section 76(1),

  • code of conduct” means a code of conduct under section 51,

  • [F258constituent council”, in relation to a corporate joint committee, has the meaning given by section 71(7),]

  • co-opted member” has the meaning given by section 49(7),

  • [F258corporate joint committee” has the meaning given by section 49(8),]

  • elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),

  • F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • executive” is to be construed in accordance with section 11,

  • executive arrangements” has the meaning given by section 10,

  • F260...

  • interim case tribunal” has the meaning given by section 76(2),

  • F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • model code of conduct” is to be construed in accordance with section 50 F262... (2),

  • F263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • relevant authority” has the meaning given by section 49(6).

(2)Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.

(3)Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.

F265(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

(6)Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).

(7)Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.

(8)The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.

(9)A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.

F266(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

[F267(10A)A person who is suspended under this Part from being a member of a relevant authority other than a corporate joint committee shall also be suspended, if they are a member of a corporate joint committee, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.]

(11)A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—

(a)for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and

(b)if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.

F268(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.

(14)Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.

F269(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F257Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(i), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F259Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(ii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F261Words in s. 83(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 24(a), 7; S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

F262Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F263Words in s. 83(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(2)(a)(iii), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F265S. 83(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F268S. 83(12) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

F269S. 83(15)(16) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 51(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)

Commencement Information

I18S. 83 wholly in force at 28.7.2001; s. 83 not in force at Royal Assent see s. 108; s. 83(1)-(3)(5)-(14) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 83 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 83 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources