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

back to previous amendments
 
  
After Clause 60
 
  
BY THE LORD WHITTY
 
86     Insert the following new Clause-- 
     (".--(1) A Local Commissioner in Wales is to have the functions conferred on him by this Part and such other functions as may conferred on him by order made by the National Assembly for Wales under this subsection.
 
    (2)  The Commission for Local Administration in Wales--
    (a)  may issue guidance to relevant authorities in Wales on matters relating to the conduct of members and co-opted members of such authorities, and
    (b)  may arrange for any such guidance to be made public.
Local Commissioner and Commission for Local Administration in Wales.
     (3)  The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of Part III of the Local Government Act 1974 specified in the regulations, treats--
    (a)  functions of a Local Commissioner in Wales under Part III of that Act as including his functions under this Part,
    (b)  functions of the Commission for Local Administration in Wales under Part III of that Act as including functions of the Commission under this Part, or
    (c)  expenses of the Commission for Local Administration in Wales under Part III of that Act as including expenses of the Commission, or a Local Commissioner in Wales, under this Part.
    (4)  The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of Part III of that Act.
 
    (5)  In this Part "Local Commissioner in Wales" means a Local Commissioner (within the meaning of Part III of that Act) who is a member of the Commission for Local Administration in Wales.")
1974 c. 7.
87     Insert the following new Clause-- 
     (".--(1) A Local Commissioner in Wales may investigate--
    (a)  cases in which a written allegation is made to him by any person that a member or co-opted member of a relevant authority in Wales has failed, or may have failed, to comply with the authority's code of conduct, and
    (b)  other cases in which he considers that a member or co-opted member of a relevant authority in Wales has failed, or may have failed, to comply with the authority's code of conduct and which have come to his attention as a result of an investigation under paragraph (a).
    (2)  The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (3) is appropriate.
 
    (3)  Those findings are--
    (a)  that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,
    (b)  that no action needs to be taken in respect of the matters which are the subject of the investigation,
    (c)  that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or
    (d)  that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 62(1).")
Investigations by Local Commissioner in Wales.
88     Insert the following new Clause-- 
     (".--(1) The National Assembly for Wales may by order make provision with respect to investigations under section (Investigations by Local Commissioner for Wales) (including provision with respect to the obtaining or disclosure of documents or information).
 
    (2)  The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications)--
    (a)  any provisions of sections 54 to 57, or
Investigations: further provisions.
 
    (b)  any provisions of sections 28, 29, 32 or 33 of the Local Government Act 1974.
    (3)  A Local Commissioner in Wales may cease an investigation under section (Investigations by Local Commissioner in Wales) at any stage before its completion.
 
    (4)  Where a Local Commissioner in Wales ceases an investigation under section (Investigations by Local Commissioner in Wales) before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.")
1974 c. 7.
89     Insert the following new Clause-- 
     (".--(1) Where a Local Commissioner in Wales determines in relation to any case that a finding under section (Investigations by Local Commissioner in Wales)(3)(a) or (b) is appropriate--
    (a)  he may produce a report on the outcome of his investigation,
    (b)  he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
    (c)  he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
    (d)  where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
    (2)  Where a Local Commissioner in Wales determines in relation to any case that a finding under section (Investigations by Local Commissioner in Wales)(3)(c) is appropriate he must--
    (a)  produce a report on the outcome of his investigation,
    (b)  refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
    (c)  send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
    (3)  Where a Local Commissioner in Wales determines in relation to any case that a finding under section (Investigations by Local Commissioner in Wales)(3)(d) is appropriate he must--
    (a)  produce a report on the outcome of his investigation,
    (b)  refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 62(1), and
    (c)  send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.
    (4)  A report under this section may cover more than one investigation under section (Investigations by Local Commissioner in Wales) in relation to any members or co-opted members of the same relevant authority.
 
    (5)  A Local Commissioner in Wales must--
    (a)  inform any person who is the subject of an investigation under section (Investigations by Local Commissioner in Wales), and
    (b)  take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
of the outcome of the investigation.")
Reports.
90     Insert the following new Clause-- 
     (".--(1) Where he considers it necessary in the public interest, a Local Commissioner in Wales may produce an interim report on an investigation conducted by him under section (Investigations by Local Commissioner in Wales).
 
    (2)  An interim report under this section may cover more than one investigation under section (Investigations by Local Commissioner in Wales) in relation to any members or co-opted members of the same relevant authority.
 
    (3)  Where the prima facie evidence is such that it appears to a Local Commissioner in Wales--
    (a)  that the person who is the subject of the interim report has failed to comply with the code of conduct of a relevant authority,
    (b)  that the nature of that failure is such as to be likely to lead to disqualification under section 65(4)(b) or (5)(b), and
    (c)  that it is in the public interest to suspend that person immediately,
the interim report may include a recommendation that that person should be suspended or partially suspended by the relevant authority concerned from being a member or co-opted member of the authority.
 
    (4)  The period of suspension or partial suspension which may be recommended under subsection (3) must not exceed six months or (if shorter) the remainder of the person's term of office.
 
    (5)  Where a Local Commissioner in Wales produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 62(2).
 
    (6)  A copy of any report under this section must be given--
    (a)  to any person who is the subject of the report,
    (b)  to the monitoring officer of the relevant authority concerned, and
    (c)  to the president of the Adjudication Panel for Wales.")
Interim reports.
91     Insert the following new Clause-- 
     (".--(1) The National Assembly for Wales 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 (Investigations: further provisions)(4), or
    (b)  as a result of a finding under section (Investigations by Local Commissioner in Wales)(3)(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)  Where a Local Commissioner in Wales refers any matters to the monitoring officer of a relevant authority--
    (a)  under section (Investigations: further provisions)(4), or
    (b)  as a result of a finding under section (Investigations by Local Commissioner in Wales)(3)(c),
he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.")
Matters referred to monitoring officers.
  
Clause 61
 
  
BY THE LORD WHITTY
 
92     Page 41, line 17, leave out ("on such terms and conditions as he may determine") 
93     Page 41, line 22, leave out from ("determine") to end of line 23 and insert--
 
    ("(  )  The National Assembly for Wales--
    (a)  must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and
    (b)  may appoint one of those members as deputy president of the Panel.")
 
94     Page 41, line 34, after second ("president") insert ("(if any)") 
  
Clause 62
 
  
BY THE LORD WHITTY
 
95     Page 41, line 41, after (" 58(3)") insert ("or (Reports)(3)") 
96     Page 42, line 2, after (" 59(5)") and insert ("or (Interim reports)(5)") 
97     Page 42, line 7, at end insert--
 
    ("(  )  Where there is no deputy president of the Adjudication Panel for Wales, the reference in subsection (3) to the deputy president is to be treated as a reference to such member of the Adjudication Panel for Wales as the National Assembly for Wales may specify.")
 
98     Page 42, line 10, at end insert ("or (Reports)(3)") 
99     Page 42, line 13, at end insert ("or (Interim reports)(5)") 
100     Page 42, line 25, after (" 53") insert ("or (Investigations by Local Commissioner in Wales)") 
101     Page 42, line 34, at end insert--
 
    ("(  )  The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.")
 
  
Clause 64
 
  
BY THE LORD WHITTY
 
102     Page 43, line 29, after (" 59(3)") insert ("or (Interim reports)") 
103     Page 44, line 7, at end insert--
 
    ("(  )  A decision of an interim case tribunal under this section shall not prevent a Local Commissioner in Wales from continuing with the investigation under section (Investigations by Local Commissioner in Wales) which gave rise to the interim report concerned and producing a report under section (Reports), or a further interim report under section (Interim reports), in respect of any matters which are the subject of the investigation.")
 
104     Page 44, line 18, after (" 53") insert ("or (Investigations by Local Commissioner in Wales)") 
  
Clause 65
 
  
BY THE LORD WHITTY
 
105     Page 45, line 43, leave out ("Standard Board for Wales") and insert ("Commission for Local Administration in Wales") 
  
Clause 66
 
  
BY THE LORD WHITTY
 
106     Page 46, line 17, leave out ("Standards Board") and insert ("person") 
107     Page 46, line 21, leave out ("Standards Board") and insert ("person") 
108     Page 46, line 27, leave out ("Standards Board") and insert ("person") 
109     Page 46, line 29, leave out ("Board") and insert ("relevant person") 
110     Page 46, line 32, leave out ("Standards Board"") and insert ("person"") 
111     Page 46, line 35, leave out ("the Standards Board for") and insert ("a Local Commissioner in") 
  
Clause 67
 
  
BY THE LORD WHITTY
 
112     Page 47, line 28, at end insert--
 
    ("(  )  In its application to Wales, subsection (4) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.")
 
  
Clause 69
 
  
BY THE LORD WHITTY
 
113     Page 48, line 24, leave out ("or (8)(a)") 
114     Page 48, line 29, at end insert--
    (""Local Commissioner in Wales" has the meaning given by section (Local Commissioner and Commission for Local Administration in Wales)(5),"")
 
115     Page 48, line 34, leave out ("of the Standards Board for England") 
116     Page 48, line 36, leave out ("an ethical standards officer of the Standards Board for Wales") and insert ("a Local Commissioner in Wales") 
117     Page 49, line 2, at end insert--
 
    ("(  )  In relation to a community council, the functions of a monitoring officer under any provisions of this Part are to be discharged by the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.")
 
 
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