Local Government Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

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After Clause 48
 
  
BY THE LORD WHITTY
 
344C*     Insert the following new Clause-- 
     (".--(1) The Secretary of State may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority--
    (a)  under section 43(2A), or
    (b)  as a result of a finding under section 42(5)(c),
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 in respect of any matters referred to him,
    (c)  enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),
    (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 of the authority who is the subject of any such report or recommendation).
    (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 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 of the authority,
    (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 for a limited period,
    (c)  conferring a right of appeal on a 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).
 
    (6)  An ethical standards officer who refers any matters to the monitoring officer of a relevant authority--
    (a)  under section 43(2A), or
    (b)  as a result of a finding under section 42(5)(c),
may give directions to the monitoring officer as to the way in which those matters are to be dealt with.
 
    (7)  In its application to Wales, subsection (1) is to have effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.")
Matters referred to monitoring officers.
  
Clause 49
 
  
BY THE LORD WHITTY
 
344D*     Page 29, line 14, leave out ("case") 
344E*     Page 29, line 14, at end insert ("drawn from the Panel") 
344F*     Page 29, line 16, leave out ("case") 
344G*     Page 29, line 16, at end insert ("drawn from the Panel") 
344H*     Page 29, line 33, leave out ("case") 
344J*     Page 29, line 33, after ("tribunals") insert ("drawn from the Panel") 
344K*     Page 29, line 37, leave out ("case") 
344L*     Page 29, line 37, after ("tribunals") insert ("drawn from the Panel") 
  
Clause 50
 
  
BY THE LORD WHITTY
 
344M*     Page 29, line 40, leave out ("for adjudication") and insert ("under section 47(3)") 
344N*     Page 29, line 42, at end insert--
 
    ("(1A)  Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 48(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.")
 
344P*     Page 30, line 2, at end insert ("or interim case tribunal") 
344Q*     Page 30, line 5, leave out ("for adjudication") and insert ("under section 47(3)") 
344R*     Page 30, line 5, at end insert--
 
    ("(  )  An interim case tribunal drawn from the relevant Adjudication Panel may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section 48(4).")
 
344S*     Page 30, line 7, after ("tribunal") insert ("or interim case tribunal") 
344T*     Page 30, line 9, after ("tribunal") insert ("or interim case tribunal") 
345     Page 30, line 10, leave out ("members") and insert ("co-opted member") 
346     Page 30, line 12, leave out ("(by co-option) of a committee") and insert ("of any committee, sub-committee, joint committee or joint sub-committee") 
346A*     Page 30, line 13, at end insert--
 
    ("(  )  A person who is a member of an interim case tribunal which, as a result of an investigation under section 42, 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.")
 
346B*     Page 30, line 15, after ("tribunals") insert ("or interim case tribunals") 
346C*     Page 30, line 18, after ("tribunals") insert ("or interim case tribunals") 
  
Clause 51
 
  
BY THE LORD WHITTY
 
346D*     Page 30, line 22, after first ("tribunal") insert ("or interim case tribunal") 
346E*     Page 30, line 27, after ("tribunals") insert ("or interim case tribunals") 
346F*     Page 30, line 30, after ("tribunals") insert ("or interim case tribunals") 
346G*     Page 30, line 33, after ("attend") insert ("adjudications") 
346H*     Page 30, line 38, leave out ("conducted by a case tribunal") 
346J*     Page 30, line 40, leave out ("to a case tribunal") 
346K*     Page 31, line 3, leave out ("case") 
  
After Clause 51
 
  
BY THE LORD WHITTY
 
346L*     Insert the following new Clause-- 
     (".--(1) An interim case tribunal which adjudicates on any matters which are the subject of an interim report must reach one of the following decisions--
    (a)  that the person to whom the recommendation mentioned in section 48(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 authority concerned in the way and for the period recommended in the report, or
    (c)  that that person should be suspended or partially suspended from being a member or co-opted member of the authority concerned in a different way or for a different period from that recommended in the report.
    (2)  The period mentioned in subsection (1)(c) must not exceed six months or (if shorter) the remainder of the person's term of office.
 
    (3)  An interim case tribunal must give notice of its decision to the standards committee of the relevant authority concerned.
 
    (4)  If the decision of an interim case tribunal is that a person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned-
    (a)  the notice must specify the date on which the suspension or partial suspension is to begin, and
    (b)  the relevant authority must suspend or partially suspend the person in accordance with the notice.
    (5)  A decision of an interim case tribunal under this section shall not prevent an ethical standards officer from continuing with the investigation under section 42 which gave rise to the interim report concerned and producing a report under section 47, or a further interim report under section 48, 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 cease to have effect on the day that a notice under section 52 is given 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 member or co-opted member of the relevant authority concerned who is the subject of the notice, and
    (b)  to the monitoring officer of the relevant authority concerned.
    (8)  An interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section 42 of its decision under this section.
 
    (9)  A person who is suspended or partially suspended under this section may appeal to the High Court--
    (a)  against the suspension or partial suspension, or
    (b)  against the length of the suspension.")
Decisions of interim case tribunals.
  
Clause 52
 
  
BY THE LORD WHITTY
 
346M*     Page 31, line 11, leave out ("is to adjudicate") and insert ("adjudicates") 
347     Page 31, line 21, leave out from beginning to ("member") in line 23 and insert ("suspended or disqualified in accordance with subsection (3A) or (3B).
 
    (3A)  A member of a relevant authority may be--
    (a)  suspended--
          (i)  from exercising particular functions as a member of the authority, or
          (ii)  from being a member of the authority, or
    (b)  disqualified for being, or being elected or appointed, a member or co-opted member of that or any other relevant authority.
    (3B)  A co-opted member of a relevant authority may be--
    (a)  suspended from being a co-opted member of that authority, or
    (b)  disqualified for being, or being elected or appointed, a member or co-opted")
 
348     Page 31, line 26, leave out ("(3)(a),") and insert ("(3A)(a) or (3B)(a),") 
349     Page 31, line 30, leave out ("(3)(b),") and insert ("(3A)(b) or (3B)(b),") 
350     Page 31, line 34, leave out ("(3),") and insert ("(3A) or (3B),") 
351     Page 31, line 41, leave out ("(3)(a),") and insert ("(3A)(a) or (3B)(a),") 
352     Page 32, line 1, leave out from ("authority") to ("for") in line 3 
353     Page 32, line 3, after ("period") insert (", and to the extent,") 
354     Page 32, line 9, leave out ("(3)(b),") and insert ("(3A)(b) or (3B)(b),") 
355     Page 32, line 14, leave out ("and") and insert ("or") 
356     Page 32, line 14, after ("elected") insert ("or appointed") 
357     Page 32, line 15, after ("member") insert ("or co-opted member") 
  
BY THE LORD DIXON-SMITH
 
357A*     Page 32, line 36, at end insert--
 
    ("(  )  Where a person is subject to a compensation order under section (Compensation orders) he shall be disqualified until full restitution is paid.")
 
  
After Clause 52
 
  
BY THE LORD WHITTY
 
358     Insert the following new Clause-- 
     (".--(1) Any case tribunal which gives notice to a standards committee of a relevant authority under section 52 may also make recommendations to the 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)  A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant Standards Board.
 
    (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 relevant Standards Board 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) must be discharged only by the authority or by the standards committee of that authority.
 
    (5)  If the relevant Standards Board is not satisfied with the action the relevant authority has taken or proposes to take in relation to the recommendations, the Board 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.
 
    (6)  In this section "the relevant Standards Board" means--
    (a)  the Standards Board for England where the relevant authority concerned is in England,
    (b)  the Standards Board for Wales where the relevant authority concerned is in Wales.")
Recommendations by case tribunals.
 
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