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

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References to monitoring officers
Matters referred to monitoring officers.     60. - (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 54(3), or
 
    (b) as a result of a finding under section 53(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 54(3), or
 
    (b) as a result of a finding under section 53(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.
 
 
Adjudication Panels
Adjudication Panels.     61. - (1) There is to be panel of persons, known as the Adjudication Panel for England, eligible for membership of tribunals drawn from the Panel.
 
      (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.
 
      (3) The members of the Adjudication Panel for England are to be appointed by the Secretary of State on such terms and conditions as he may determine, and he must appoint, from among those members, a president and deputy president of the Panel.
 
      (4) 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, and it must appoint, from among those members, a president and a deputy president of the Panel.
 
      (5) The Adjudication Panel for England must include persons possessing such qualifications as may be determined by the Secretary of State.
 
      (6) The Adjudication Panel for Wales must include persons possessing such qualifications as may be determined by the National Assembly for Wales.
 
      (7) The president and deputy president of the Adjudication Panel for England 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.
      (8) The president and deputy president 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.
 
Case tribunals
Case tribunals.     62. - (1) Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 58(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 relevant Adjudication Panel under section 59(5) 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 relevant Adjudication Panel (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 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 58(3).
 
      (5) 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 59(5).
 
      (6) The president or the deputy president of the relevant Adjudication Panel may be a member of a case tribunal or interim case tribunal drawn from the Panel.
 
      (7) A member of the relevant Adjudication Panel 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 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 person who is a member of an interim case tribunal which, as a result of an investigation under section 53, 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.
 
      (9) The Secretary of State may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for England.
 
      (10) 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.
 
 
Adjudications
Adjudications by case tribunals.     63. - (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.
      (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 or interim 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 or interim 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 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-
 
      (i) provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,
 
      (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 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 interim case tribunals.     64. - (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 59(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 53 which gave rise to the interim report concerned and producing a report under section 58, or a further interim report under section 59, 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 65 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 53 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.
 
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