Localism Bill (HL Bill 100)

(3) In subsection (9) omit “(within the meaning of Part 2 of the Local
Government Act 2000 (c. 22)Local
Government Act 2000 (c. 22))”.

(4) After subsection (9) insert—

“(9A) In subsection (9) “overview and scrutiny committee” means—

(a) 5in relation to England, an overview and scrutiny committee
within the meaning of Chapter 2 of Part 1A of the Local
Government Act 2000 (see section 9F of that Act), and

(b) in relation to Wales, an overview and scrutiny committee
within the meaning of Part 2 of that Act (see section 21 of that
10Act).

(9B) In the case of a local authority that operates a committee system and
has appointed one or more overview and scrutiny committees under
section 9JA of the Local Government Act 2000, the crime and
disorder committee is to be one of those committees.”

(5) 15In subsection (10) for the words from “not” to “Act 2000” substitute “in cases
that are not within subsection (9) or (9B)”.

(6) In subsection (11)—

(a) before the definition of “crime and disorder functions” insert—

• ““committee system” has the same meaning as in Part
  201A of the Local Government Act 2000 (see section
  9B(4) of that Act);”

(b) in the definition of “executive arrangements” for the words from the
second “executive” to the end substitute “—

(a) in relation to England, executive arrangements under
25Part 1A of the Local Government Act 2000, and

(b) in relation to Wales, executive arrangements under
Part 2 of that Act;”.

81 In Schedule 8 (further provision about crime and disorder committees of
certain local authorities) in paragraph 1(1)—

(a) 30after “authority” insert “—

(a)”,

(b) after “Part” insert “1A or”, and

(c) after “(c. 22)” insert “, and

(b) that has not appointed an overview and scrutiny
35committee under section 9JA of that Act”.

Section 26

SCHEDULE 4 Conduct of local government members

Part 1 Amendments of existing provisions

5Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) omit the entry for the Standards Board for England.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
10(bodies of which all members are disqualified) omit the entry for the
Standards Board for England.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) omit the entry for
15the Standards Board for England.

Race Relations Act 1976 (c. 74)Race Relations Act 1976 (c. 74)

4 In Part 3 of Schedule 1A to the Race Relations Act 1976 (bodies and other
persons subject to general statutory duty) omit the entry for the Standards
Board for England.

20Local Government and Housing Act 1989 (c. 42)Local Government and Housing Act 1989 (c. 42)

5 (1) Section 3A of the Local Government and Housing Act 1989 (grant and
supervision of exemptions from political restriction: England) is amended as
follows.

(2) In subsection (1)—

(a) 25for “standards committee” substitute “head of paid service”,

(b) omit “which is a relevant authority”,

(c) in paragraph (a) for “committee” substitute “head of paid service”,
and

(d) in that paragraph and paragraph (b) omit “relevant”.

(3) 30In subsection (2)(a) omit “relevant”.

(4) In subsection (3)—

(a) for “standards committee” substitute “head of paid service”,

(b) for “committee” substitute “head of paid service”, and

(c) in paragraph (b) omit “relevant”.

(5) 35In subsection (4)—

(a) for “standards committee” substitute “local authority’s head of paid
service”,

(b) for “committee” substitute “head of paid service”, and

(c) in paragraph (b)(i) omit “relevant”.

(6) Omit subsection (5).

(7) In subsection (6)—

(a) omit “which is a relevant authority”, and

(b) 5in paragraph (a)—

(i) for “standards committee” substitute “head of paid service”,

(ii) for “committee” substitute “head of paid service”, and

(iii) omit “its”.

(8) In subsection (7)—

(a) 10omit “its”, and

(b) for “standards committee” substitute “local authority’s head of paid
service”.

(9) After that subsection insert—

“(7A) In carrying out functions under this section a local authority’s head
15of paid service must consult the monitoring officer of that authority
(unless they are the same person).

(7B) The Secretary of State may by regulations make provision about the
application of this section to a local authority that is not required to
designate one of its officers as the head of its paid service.

(7C) 20Regulations under subsection (7B) may apply any provisions of this
section (with or without modifications) to an authority to which they
apply.”

(10) Omit subsections (8) to (10).

Local Government Act 2000 (c. 22)Local Government Act 2000 (c. 22)

6 25The Local Government Act 2000 is amended as follows.

7 (1) Section 49 (principles governing conduct of members of relevant authorities)
is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2) omit “in Wales (other than police authorities)”.

(4) 30Omit subsections (2C), (3) and (4).

(5) In subsection (5)(a) omit “in Wales”.

(6) In subsection (6)—

(a) in paragraph (a) at the end insert “in Wales”,

(b) omit paragraphs (c) to (e),

(c) 35omit paragraphs (g) to (k),

(d) in paragraph (l) after “authority” insert “in Wales”,

(e) omit paragraphs (m) to (o), and

(f) in paragraph (p) after “authority” insert “in Wales”.

8 (1) Section 50 (model code of conduct) is amended as follows.

(2) 40Omit subsection (1).

(3) In subsection (2) omit “in Wales other than police authorities”.

(4) In subsection (3) omit “(1) or”.

(5) In subsection (4)(a) omit—

(a) “49(1) or”, and

(b) 5“(as the case may be)”.

(6) Omit subsections (4C) and (4D).

(7) In subsection (5) omit “the Secretary of State or”.

(8) Omit subsections (6) and (7).

9 (1) Section 51 (duty of relevant authorities to adopt codes of conduct) is
10amended as follows.

(2) In subsection (4C) omit the words from “by a” to “police authority”.

(3) In subsection (6)(c)—

(a) omit sub-paragraph (i), and

(b) in sub-paragraph (ii) omit the words from “in the case” to “in
15Wales,”.

10 In section 52(2) (power for prescribed form of declaration of acceptance of
office to include undertaking to observe code of conduct) after “1972” insert
“in relation to a relevant authority”.

11 (1) Section 53 (standards committees) is amended as follows.

(2) 20In subsection (2) omit “parish council or”.

(3) Omit subsections (3) to (10).

(4) In subsection (11)—

(a) in paragraph (a) omit “in Wales other than police authorities”, and

(b) in paragraph (k) omit “in Wales (other than police authorities)”.

(5) 25In subsection (12) omit “(6)(c) to (f) or”.

12 (1) Section 54 (functions of standards committees) is amended as follows.

(2) Omit subsection (4).

(3) In subsection (5) omit “in Wales (other than police authorities)”.

(4) Omit subsection (6).

(5) 30In subsection (7) omit “in Wales (other than police authorities)”.

13 (1) Section 54A (sub-committees of standards committees) is amended as
follows.

(2) In subsection (3) omit “, but this is subject to section 55(7)(b)”.

(3) Omit subsection (4).

(4) 35In subsection (5) omit “in Wales other than a police authority”.

(5) In subsection (6)—

(a) omit “section 55(5) and to”, and

(b) for “53(6)(a) or (11)(a)” substitute “53(11)(a)”.

14 Omit section 55 (standards committees for parish councils).

15 Omit section 56A (joint committees of relevant authorities in England).

16 Omit section 57 (Standards Board for England).

17 Omit section 57A (written allegations: right to make, and initial assessment).

18 5Omit section 57B (right to request review of decision not to act).

19 Omit section 57C (information to be given to subject of allegation).

20 Omit section 57D (power to suspend standards committee’s functions).

21 Omit section 58 (allegations referred to Standards Board).

22 Omit section 59 (functions of ethical standards officers).

23 10Omit section 60 (conduct of investigations).

24 Omit section 61 (procedure in respect of investigations).

25 Omit section 62 (investigations: further provisions).

26 Omit section 63 (restrictions on disclosure of information).

27 Omit section 64 (reports etc).

28 15Omit section 65 (interim reports).

29 Omit section 65A (disclosure by monitoring officers of ethical standards
officers’ reports).

30 Omit section 66 (matters referred to monitoring officers).

31 Omit section 66A (references to First-tier Tribunal).

32 20Omit section 66B (periodic returns).

33 Omit section 66C (information requests).

34 Omit section 67 (consultation with ombudsmen).

35 In section 68(2) (guidance by Public Services Ombudsman for Wales)—

(a) in paragraph (a)—

(i) 25omit “in Wales (other than police authorities)”, and

(ii) for “such” substitute “those”, and

(b) in paragraph (b) omit “in Wales (other than police authorities)”.

36 (1) Section 69 (investigations by the Public Services Ombudsman for Wales) is
amended as follows.

(2) 30In subsection (1) omit “in Wales” in both places.

(3) In subsection (5) omit “in Wales”.

37 (1) Section 70 (investigations: further provisions) is amended as follows.

(2) In subsection (2)(a), after “63” insert “as those sections had effect
immediately before their repeal by the Localism Act 2011”.

(3) 35In subsection (5) omit “in Wales”.

38 In section 71(4) (reports etc) omit “in Wales”.

39 In section 72(6) (interim reports) omit “in Wales”.

40 In section 73 (matters referred to monitoring officers) omit subsection (6).

41 In section 77(7) (offence of failure to comply with regulations about
adjudications in Wales or equivalent provisions of Tribunal Procedure
5Rules) omit the words from “, or with” to “First-tier Tribunal,”.

42 (1) Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is
amended as follows.

(2) In the heading omit “the First-tier Tribunal or”.

(3) In subsection (1)—

(a) 10omit “the First-tier Tribunal or”, and

(b) in paragraph (a) omit “65(3) or”.

(4) In subsection (2) for “the tribunal concerned” substitute “the interim case
tribunal”.

(5) In subsection (3) for “the tribunal concerned” substitute “the interim case
15tribunal”.

(6) Omit subsection (4).

(7) In subsection (6) omit “78A or”.

(8) In subsection (8A)—

(a) omit paragraph (a), and

(b) 20in paragraph (b) omit “where the relevant authority concerned is in
Wales,”.

(9) In subsection (9) omit—

(a) “The First-tier Tribunal or (as the case may be)”, and

(b) “59 or”.

(10) 25Omit subsections (9A) to (9D).

43 Omit section 78A (decisions of First-tier Tribunal).

44 Omit section 78B (section 78A: supplementary).

45 In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit
“in Wales”.

46 (1) 30Section 80 (recommendations by First-tier Tribunal or case tribunals) is
amended as follows.

(2) In the heading omit “First-tier Tribunal or”.

(3) In subsection (1) omit “the First-tier Tribunal or”.

(4) In subsection (2) for “The tribunal concerned” substitute “A case tribunal”.

(5) 35In subsection (3) for “relevant person” substitute “Public Services
Ombudsman for Wales”.

(6) In subsection (5) for “relevant person” in both places substitute “Public
Services Ombudsman for Wales”.

(7) Omit subsection (6).

47 (1) Section 81 (disclosure and registration of members’ interests) is amended as
follows.

(2) In subsection (5) for “Secretary of State” substitute “Welsh Ministers”.

(3) In subsection (7)—

(a) 5omit paragraph (b), and

(b) in paragraph (c) omit “if it is a relevant authority in Wales,”.

(4) Omit subsection (8).

48 (1) Section 82 (code of conduct for local government employees) is amended as
follows.

(2) 10Omit subsection (1).

(3) In subsection (2) omit “in Wales (other than police authorities)”.

(4) In subsection (3) omit “(1) or”.

(5) Omit subsections (4) and (5).

(6) In subsection (6)(a)—

(a) 15omit “in Wales”, and

(b) for “such” substitute “those”.

(7) In paragraph (9) omit—

(a) paragraph (a), and

(b) in paragraph (b) “in relation to Wales,”.

49 20In section 82A (monitoring officers: delegation of functions under Part 3),
omit “57A, 60(2) or (3), 64(2) or (4),”.

50 (1) Section 83 (interpretation of Part 3) is amended as follows.

(2) In subsection (1)—

(a) omit the definitions of—

(i) 25“the Audit Commission”,

(ii) “ethical standards officer”, and

(iii) “police authority”, and

(b) in the definition of “model code of conduct” omit “(1) and”.

(3) Omit subsections (4), (12), (15) and (16).

51 30In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”.

52 Omit Schedule 4 (Standards Board for England).

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

53 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities) omit the entry for the Standards Board for England.

35Local Government and Public Involvement in Health Act 2007 (c. 28)2007 (c. 28)

54 (1) Section 183 of the Local Government and Public Involvement in Health Act
2007 (conduct of local authority members: codes of conduct) is amended as
follows.

(2) In subsection (1) omit the subsections (2A) and (2B) to be inserted into
section 49 of the Local Government Act 2000.

(3) In subsection (2) omit the subsections (4A) and (4B) to be inserted into
section 50 of the Local Government Act 2000.

(4) 5In subsection (3) omit the subsections (4A) and (4B) to be inserted into
section 51 of the Local Government Act 2000.

(5) In subsection (7)(b) omit “in Wales other than a police authority”.

Part 2 Provision supplementary to Part 1

10Codes of conduct under the Local Government Act 2000

55 (1) A code of conduct adopted by a relevant authority (within the meaning of
this Chapter of this Part of this Act) ceases to have effect.

(2) An undertaking to comply with a code of conduct given by a person under
section 52 of the Local Government Act 2000 or as part of a declaration of
15acceptance of office in a form prescribed by order under section 83 of the
Local Government Act 1972 ceases to have effect when the code ceases to
have effect.

(3) In this paragraph “code of conduct” means a code of conduct under section
51 of the Local Government Act 2000 or a model code of conduct issued by
20order under section 50(1) of that Act.

Power to make provision in connection with the abolition of Standards Board for England

56 (1) The Secretary of State may by order make provision in connection with the
abolition of the Standards Board for England (“the Board”).

(2) An order under this paragraph may make provision that has effect on or
25before the abolition date.

(3) An order under this paragraph may, in particular, make provision about the
property, rights and liabilities of the Board (including rights and liabilities
relating to contracts of employment).

(4) This includes—

(a) 30provision for the transfer of property, rights and liabilities (including
to the Secretary of State), and

(b) provision for the extinguishment of rights and liabilities.

(5) An order under this paragraph that makes provision for the transfer of
property, rights and liabilities may—

(a) 35make provision for certificates issued by the Secretary of State to be
conclusive evidence that property has been transferred;

(b) make provision about the transfer of property, rights and liabilities
that could not otherwise be transferred;

(c) make provision about the continuation of things (including legal
40proceedings) in the process of being done by, on behalf of or in
relation to the Board in respect of anything transferred;

(d) make provision for references to the Board in an instrument or
document in respect of anything transferred to be treated as
references to the transferee.

(6) An order under this paragraph may—

(a) 5make provision about the continuing effect of things done by or in
relation to the Board before such date as the order may specify;

(b) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in
relation to the Board on such a date;

(c) 10make provision for references to the Board in an instrument or
document to be treated on and after such a date as references to such
person as the order may specify;

(d) make provision for the payment of compensation by the Secretary of
State to persons affected by the provisions it makes about the
15property, rights and liabilities of the Board.

Power to give directions in connection with the abolition of Standards Board for England

57 (1) The Secretary of State may direct the Board to take such steps as the
Secretary of State may specify in connection with the abolition of the Board.

(2) The Secretary of State may, in particular give directions to the Board about
20information held by the Board, including—

(a) directions requiring information to be transferred to another person
(including to the Secretary of State);

(b) directions requiring information to be destroyed or made
inaccessible.

(3) 25The Secretary of State may make available to the Board such facilities as the
Board may reasonably require for exercising its functions by virtue of this
Part of this Schedule.

(4) The Secretary of State may exercise a function of the Board for the purposes
of taking steps in connection with its abolition (including functions by virtue
30of an order under paragraph 56).

(5) Sub-paragraph (4) does not prevent the exercise of the function by the Board.

(6) In the case of a duty of the Board, sub-paragraph (4) permits the Secretary of
State to comply with that duty on behalf of the Board but does not oblige the
Secretary of State to do so.

35Final statement of accounts

58 (1) As soon as is reasonably practicable after the abolition date, the Secretary of
State must prepare—

(a) a statement of the accounts of the Board for the last financial year to
end before the abolition date, and

(b) 40a statement of the accounts of the Board for the period (if any)
beginning immediately before the end of that financial year and
ending immediately before the abolition date.

(2) The Secretary of State must, as soon as is reasonably practicable after
preparing a statement under this paragraph, send a copy of it to the
45Comptroller and Auditor General.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement, and

(b) lay a copy of the statement and the report before each House of
Parliament.

(4) 5Sub-paragraph (1)(a) does not apply if the Board has already sent a copy of
its statement of accounts for the year to the Comptroller and Auditor
General.

(5) In such a case the repeal of paragraph 13(4B) of Schedule 4 to the Local
Government Act 2000 does not remove the obligation of the Comptroller
10and Auditor General to take the steps specified in that provision in relation
to the statement of accounts if the Comptroller has not already done so.

Disclosure of information

59 (1) Section 63 of the Local Government Act 2000 applies in relation to
information obtained by a person who is exercising a function of the Board
15by virtue of paragraph 57(4) as it applies to information obtained by an
ethical standards officer.

(2) That section has effect (in relation to information to which it applies apart
from sub-paragraph (1) as well as to information to which it applies by
virtue of that sub-paragraph) as if it permitted the disclosure of information
20for the purposes of the abolition of the Board.

(3) The repeal by Part 1 of that section, or of any provision by virtue of which it
is applied to information obtained other than by ethical standards officers,
does not affect its continuing effect in relation to information to which it
applied before its repeal (including by virtue of this paragraph).

25Interpretation

60 In this Part of this Schedule—

• “the abolition date” means the date on which paragraphs 16 and 52
  (repeal of section 57 of and Schedule 4 to the Local Government Act
  2000) come fully into force;

• 30“the Board” has the meaning given by paragraph 56(1);

• “financial year” means the period of 12 months ending with 31st March
  in any year.