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

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Decisions of case tribunals.     65. - (1) A 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 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 suspended or disqualified in accordance with subsection (4) or (5).
 
      (4) 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.
      (5) 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 member of that or any other relevant authority.
      (6) Where a case tribunal makes such a decision as is mentioned in subsection (4)(a) or (5)(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).
 
      (7) Where a case tribunal makes such a decision as is mentioned in subsection (4)(b) or (5)(b), it must decide the period for which the person should be disqualified (which must not exceed five years).
 
      (8) 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 (4) or (5), 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.
      (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 suspended as mentioned in subsection (4)(a) or (5)(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 for the period, and to the extent, which the tribunal has decided.
      (10) A relevant authority must comply with any notice given to its standards committee under subsection (9).
 
      (11) 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 (4)(b) or (5)(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 being elected or appointed, a member or co-opted member of that or any other relevant authority for the period which the tribunal has decided.
      (12) The effect of a notice given to the standards committee of a relevant authority under subsection (11) is to disqualify the person concerned as mentioned in subsection (11)(c).
 
      (13) 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.
      (14) 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.
 
      (15) 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.
 
Recommendations by case tribunals.     66. - (1) Any case tribunal which gives notice to a standards committee of a relevant authority under section 65 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.
 
Disclosure and registration of members' interests etc.
Disclosure and registration of members' interests etc.     67. - (1) Every 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 in accordance with regulations made under subsection (5).
 
      (5) The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).
 
      (6) Every register maintained under this section must be published and made available for public inspection.
 
      (7) The interests which may be specified under subsection (2) in relation to a member or co-opted member of a relevant authority may include any interests of that member's spouse or partner or any member of that member's household.
 
      (8) In this section "partner", in relation to a member or co-opted member of a relevant authority, means a person to whom the member is not married but with whom the member lives as husband or wife.
 
      (9) The duty of a relevant authority under subsection (1) is to be discharged by the monitoring officer of the relevant authority.
 
 
Code of conduct for local government employees
Code of conduct for local government employees.     68. - (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.     69. - (1) 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 62(1),
 
    "code of conduct" means a code of conduct under section 46,
 
    "co-opted member" has the meaning given by section 44(6),
 
    "elected mayor" has the meaning given by section 35(1),
 
    "ethical standards officer" means a person appointed under section 51(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),
 
    "interim case tribunal" has the meaning given by section 62(2),
 
    "model code" is to be construed in accordance with section 45(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 44(5).
      (2) In relation to a parish council, the functions of a monitoring officer under any provisions of this Part are to be discharged by the monitoring officer of the district council or unitary county council which is the responsible authority in relation to that parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
 
      (3) Subsections (12) and (13) of section 50 apply for the purposes of subsection (2) of this section as they apply for the purposes of that section.
 
 
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