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Standards committees |
| Standards committees. |
49. - (1) Subject to subsection (2), every relevant authority must establish a committee (referred to in this Part as a standards committee) which is to have the functions conferred on it by or under this Part.
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(2) Subsection (1) does not apply to a parish council or community council.
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(3) The number of members of a standards committee of a relevant authority in England and their terms of office are to be fixed by the authority (subject to any provision made by virtue of subsection (6)(a)).
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(4) A standards committee of a relevant authority in England must include-
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(a) at least two members of the authority, and |
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(b) at least one person who is not a member, or an officer, of that or any other relevant authority. |
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(5) A standards committee of a relevant authority in England which is operating executive arrangements-
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(a) may not include the elected mayor or executive leader, and |
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(b) may not be chaired by a member of the executive. |
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(6) The Secretary of State may by regulations make provision-
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(a) as to the size and composition of standards committees of relevant authorities in England, |
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(b) as to the appointment to such committees of persons falling within subsection (4)(b), and |
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(c) as to the proceedings and validity of proceedings of such committees. |
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(7) The Standards Board for England-
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(a) may issue guidance with respect to the size and composition of standards committees of local authorities in England, and |
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(b) must send a copy of any such guidance to the Secretary of State. |
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(8) A member of a standards committee of a relevant authority in England who is not a member of the authority is entitled to vote at meetings of the committee.
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(9) A relevant authority in England must send a statement which sets out the terms of reference, or any revised terms of reference, of their standards committee to the Standards Board for England.
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(10) A standards committee of a relevant authority in England is not to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
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(11) The National Assembly for Wales may by regulations make provision-
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(a) as to the size and composition of standards committees of relevant authorities in Wales (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority concerned), |
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(b) as to the persons who may, may not or must chair any such committees, |
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(c) as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned, |
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(d) for or in connection with treating any such standards committees as bodies to which section 15 of the Local Government and Housing Act 1989 does not apply, |
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(e) as to the proceedings and validity of proceedings of such committees, |
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(f) for or in connection with requiring relevant authorities in Wales to send to the Commission for Local Administration in Wales statements which set out the terms of reference of their standards committees. |
| Functions of standards committees. |
50. - (1) The general functions of a standards committee of a relevant authority are-
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(a) promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and |
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(b) assisting members and co-opted members of the authority to observe the authority's code of conduct. |
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(2) Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions-
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(a) advising the authority on the adoption or revision of a code of conduct, |
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(b) monitoring the operation of the authority's code of conduct, and |
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(c) advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority's code of conduct. |
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(3) A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.
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(4) The Secretary of State may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in England.
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(5) The National Assembly for Wales may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in Wales.
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(6) The Standards Board for England may issue guidance with respect to the exercise of functions by standards committees of local authorities in England.
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(7) The National Assembly for Wales may issue guidance with respect to the exercise of functions by standards committees of local authorities in Wales.
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(8) Section 47(9) applies for the purposes of this section as it applies for the purpose of that section.
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| Standards committees or sub-committees for parish councils. |
51. - (1) A standards committee of a district council is to have the same functions in relation to-
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(a) the parish councils for which the district council are the responsible authority, and |
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(b) the members of those parish councils, |
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as the standards committee has under section 50(1) and (2) in relation to the district council and the members of the district council.
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(2) A standards committee of a unitary county council is to have the same functions in relation to-
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(a) the parish councils for which the county council are the responsible authority, and |
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(b) the members of those parish councils, |
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as the standards committee has under section 50(1) and (2) in relation to the county council and the members of the county council.
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(3) A standards committee of a district council or unitary county council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
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(4) In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a district council or unitary county council must consult the parish councils for which they are the responsible authority.
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(5) The number of members of a sub-committee of a standards committee of a district council or unitary county council, and the terms of office of those members, are to be fixed by the standards committee after consultation with the parish councils for which the district council or unitary county council are the responsible authority.
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(6) Where the standards committee of a district council or unitary county council discharges the functions conferred by this section, the standards committee-
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(a) must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority, and |
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(b) must ensure that at least one person falling within paragraph (a) is present at any meeting of the committee when matters relating to those parish councils, or the members of those parish councils, are being considered. |
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(7) Where a sub-committee of the standards committee of a district council or unitary county council discharges the functions conferred by this section, the sub-committee must include-
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(a) at least one member of the standards committee who falls within section 49(4)(b), and |
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(b) at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority. |
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(8) Regulations under section 49(6)(a) and (c) may make provision in relation to sub-committees appointed under this section, and regulations under section 49(6)(b) may make provision as to the appointment of persons falling within subsection (6)(a) or (7)(a) or (b) of this section.
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(9) Subsections (7), (8), (9) and (10) of section 49 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
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(10) Subsections (4) and (6) of section 50 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
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(11) In relation to a parish council, any reference in the following provisions of this Part to the standards committee of a relevant authority is a reference-
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(a) to the standards committee of the district council or unitary county council which is the responsible authority in relation to the parish council, or |
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(b) where that standards committee has appointed a sub-committee under this section, to that sub-committee. |
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(12) A district council or unitary county council is the responsible authority-
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(a) in relation to a parish council which is not a common parish council, if the parish is situated within the area of the district council or county council, |
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(b) in relation to a parish council which is a common parish council- |
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(i) if the parishes in the group are wholly situated within that area, or
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(ii) where that is not the case, if the greatest number of local government electors for the parishes in the group is situated in that area.
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(13) In this section "unitary county council" means the council of a county in England in which there are no district councils.
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| Standards committees or sub-committees for community councils. |
52. - (1) A standards committee of a county council in Wales is to have the same functions in relation to-
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(a) the community councils which are situated in the area of the county council, and |
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(b) the members of those community councils, |
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as the standards committee has under section 50(1) and (2) in relation to the county council and the members of the county council.
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(2) A standards committee of a county borough council is to have the same functions in relation to-
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(a) the community councils which are situated in the area of the county borough council, and |
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(b) the members of those community councils, |
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as the standards committee has under section 50(1) and (2) in relation to the county borough council and the members of the county borough council.
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(3) A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
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(4) In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.
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(5) Regulations under section 49(11) may make provision in relation to sub-committees appointed under this section.
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(6) Subsections (5) and (7) of section 50 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
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(7) In relation to a community council, any reference in the following provisions of this Part to the standards committee of a relevant authority is a reference-
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(a) to the standards committee of the county council or county borough council in whose area the community council is situated, or |
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(b) where that standards committee has appointed a sub-committee under this section, to that sub-committee. |
