Local Government Bill [H.L.] - continued        House of Lords
PART III, CONDUCT OF LOCAL GOVERNMENT MEMBERS AND EMPLOYEES - continued

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Adjudications
Adjudications by case tribunals.     51. - (1) A person who is the subject of an adjudication conducted by a 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.
      (2) The Secretary of State may by regulations make such provision as appears to him to be necessary or expedient with respect to adjudications by case tribunals drawn from the Adjudication Panel for England.
 
      (3) 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 drawn from the Adjudication Panel for Wales.
 
      (4) Regulations under this section may, in particular, include provision-
 
 
    (a) for requiring persons to attend 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 conducted by a case tribunal, including-
 
      (i) provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence to a case tribunal,
 
      (ii) provision enabling the president or deputy president to determine the procedure to be followed in relation to any matters specified in the regulations,
 
    (d) for the award of costs or expenses,
 
    (e) for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in a county court),
 
    (f) for the registration and proof of decisions and awards of case tribunals.
      (5) A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (4)(a) or (b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (6) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
 
Decisions of case tribunals.     52. - (1) A case tribunal which is to adjudicate 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 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 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-
 
 
    (a) suspended from being a member of that authority or any committee or sub-committee of that authority, or
 
    (b) disqualified for being, and being elected, a member of that or any other relevant authority.
      (4) Where a case tribunal makes such a decision as is mentioned in subsection (3)(a), it must decide the period for which the person should be suspended (which must not exceed one year or, if shorter, the remainder of the person's term of office).
 
      (5) Where a case tribunal makes such a decision as is mentioned in subsection (3)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).
 
      (6) Where a 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 (3), 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.
      (7) Where a case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended as mentioned in subsection (3)(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 must be suspended by the authority from being a member of the authority or any committee or sub-committee of the authority for the period which the tribunal has decided.
      (8) A relevant authority must comply with any notice given to its standards committee under subsection (7).
 
      (9) Where a 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 (3)(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, and being elected, a member of that or any other relevant authority for the period which the tribunal has decided.
      (10) The effect of a notice given to the standards committee of a relevant authority under subsection (9) is to disqualify the person concerned as mentioned in subsection (9)(c).
 
      (11) A copy of any notice under this section-
 
 
    (a) must be given-
 
      (i) to the Standards Board for England, where the relevant authority concerned is in England,
 
      (ii) to the Standard Board for Wales, where the relevant authority concerned is in 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.
      (12) A 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 case tribunal under this section.
 
      (13) Where a 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.
 
 
Disclosure and registration of members' interests etc.
Disclosure and registration of members' interests etc.     53. The Secretary of State may by regulations make provision with respect to-
 
 
    (a) the disclosure by members of local authorities of such pecuniary and other interests as may be prescribed by the regulations,
 
    (b) the maintenance by local authorities of registers of such interests, and
 
    (c) the circumstances in which members of local authorities are not entitled to take part in proceedings of those authorities.
 
Code of conduct for local government employees
Code of conduct for local government employees.     54. - (1) The Secretary of State may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in England.
 
      (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 in Wales.
 
      (3) Before making an order under this section, the Secretary of State must consult-
 
 
    (a) such representatives of local government, and of local government employees, in England as he considers appropriate,
 
    (b) the Audit Commission, and
 
    (c) the Commission for Local Administration in England.
      (4) Before making an order under this section, the National Assembly for Wales must consult-
 
 
    (a) such representatives of local government, and of local government employees, in Wales as it considers appropriate,
 
    (b) the Audit Commission, and
 
    (c) the Commission for Local Administration in Wales.
      (5) 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 issued under subsection (1) or (2) (as the case may be).
 
      (6) In this section "qualifying employee", in relation to a relevant authority, means a person-
 
 
    (a) who is employed by the authority, and
 
    (b) for whom provision with respect pensions, allowances or gratuities is made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc).
 
Interpretation
Interpretation of Part III.     55. In this Part-
 
 
    "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales,
 
    "case tribunal" has the meaning given by 50(1),
 
    "code of conduct" means a code of conduct under section 36,
 
    "elected mayor" has the meaning given by section 25(1),
 
    "ethical standards officer" means a person appointed under section 40(6)(a) or (8)(a),
 
    "executive", in relation to a local authority, is to be construed in accordance with section 10,
 
    "executive arrangements" has the meaning given by section 9,
 
    "executive leader" has the meaning given by section 10(3)(a),
 
    "local authority" has the meaning given by section 38(9) (subject to paragraph 3(3) of Schedule 3),
 
    "model code" is to be construed in accordance with section 35(1) and (2),
 
    "the relevant Adjudication Panel" means-
 
      (a) in relation to matters referred or to be referred by an ethical standards officer of the Standards Board for England, the Adjudication Panel for England,
 
      (b) in relation to matters referred or to be referred by an ethical standards officer of the Standards Board for Wales, the Adjudication Panel for Wales,
 
    "relevant authority" has the meaning given by section 34(5).
 
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Prepared 26 November 1999