Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001

Right of appealE+W

10.—(1) Where a Standards Committee determines under Regulation 9(1) above that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may [F1seek permission to] appeal against the determination to an appeals tribunal drawn from the Adjudication Panel for Wales.

(2) [F2The application for permission to appeal] must be instigated by giving notice in writing within 21 days of receiving notification of the Standard Committee’s determination [F3to the president of the Adjudication Panel for Wales]

(3) The [F4notice seeking permission to] appeal must specify:

(a)the grounds for appeal; and

[F5(b)whether or not permission to appeal is granted, the person seeking permission to appeal consents to the appeal being conducted by way of written representations.]

[F6(4) An application for permission to appeal is to be decided by the president of the Adjudication Panel for Wales or a member of the panel nominated by the president of the Adjudication Panel to exercise this function.

(5) Unless the president or the person nominated considers that special circumstances render a hearing desirable, the decision on whether to grant permission to appeal is to be made in the absence of the parties.

(6) The president of the Adjudication Panel for Wales or the nominated panel member may, in writing, request further information from the parties.

(7) The further information requested in paragraph (6) must be submitted to the president of the Adjudication Panel for Wales or the nominated panel member within a period of 14 days from the date on which the request for further information is received.

(8) In reaching a decision on whether to grant permission to appeal, the president of the Adjudication Panel for Wales or the nominated panel member must have regard to whether the appeal or part of it has a reasonable prospect of success.

(9) The president of the Adjudication Panel for Wales or the nominated panel member must decide whether to grant permission to appeal and give notice of the decision no more than 21 days after receipt of the application for permission to appeal, or where further information has been requested under paragraph (6), no more than 14 days after the end of the period specified in paragraph (7).

(10) The president of the Adjudication Panel for Wales or the nominated panel member must notify the decision in paragraph (8) to:

(a)the person seeking permission to appeal;

[F7(aa)where the person seeking permission to appeal is a member or co-opted member of a corporate joint committee and is also a member or co-opted member of—

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

(ii)a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee,

the monitoring officer of that constituent council or National Park authority;]

(b)the Public Services Ombudsman for Wales; and

(c)the Standards Committee which made the determination that is the subject of the application for permission to appeal.

(11) If permission to appeal is refused the notice given under paragraph (9) must also include the reasons for that decision.

(12) If permission to appeal is granted the president of the Adjudication Panel for Wales or the nominated panel member must refer the matter to an appeals tribunal.]