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CHAPTER II |
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INVESTIGATIONS ETC: ENGLAND |
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Standards Board for England |
| Standards Board for England. |
53. - (1) There is to be a body corporate known as the Standards Board for England.
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(2) The Standards Board for England is to consist of not less than three members appointed by the Secretary of State.
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(3) The Standards Board for England is to have the functions conferred on it under this Part and such other functions as may be conferred on it by order made by the Secretary of State under this subsection.
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(4) The Standards Board for England-
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(a) must appoint employees known as ethical standards officers who are to have the functions conferred on them by section 55, |
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(b) may issue guidance to relevant authorities in England in relation to the conduct of the members and co-opted members of such authorities, and |
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(c) may arrange for any such guidance to be made public. |
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(5) Schedule 3 makes further provision in relation to the Standards Board for England.
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| Written allegations. |
54. - (1) A person may make a written allegation to the Standards Board for England that a member or co-opted member of a relevant authority in England has failed, or may have failed, to comply with the authority's code of conduct.
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(2) If the Standards Board for England considers that a written allegation under subsection (1) should be investigated, it must refer the case to its ethical standards officers.
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Functions of ethical standards officers |
| Functions of ethical standards officers. |
55. - (1) The functions of ethical standards officers are to investigate-
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(a) cases referred to them by the Standards Board for England under section 54(2), and |
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(b) other cases in which any such officer considers that a member or co-opted member of a relevant authority in England has failed, or may have failed, to comply with the authority's code of conduct and which have come to the attention of any such officer as a result of an investigation under paragraph (a). |
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(2) The Standards Board for England may make arrangements in relation to the assignment of investigations under this section to particular ethical standards officers.
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(3) The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.
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(4) Those findings are-
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(a) that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned, |
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(b) that no action needs to be taken in respect of the matters which are the subject of the investigation, |
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(c) that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or |
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(d) that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for England for adjudication by a tribunal falling within section 70(1). |
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Investigations |
| Conduct of investigations. |
56. - (1) An investigation under section 55 may be conducted in relation to a person even though he has ceased to be a member or co-opted member of a relevant authority.
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(2) An ethical standards officer may arrange for any person to assist him in the conduct of any investigation under section 55.
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(3) An ethical standards officer to whom an investigation under section 55 is assigned may-
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(a) cease the investigation at any stage before its completion, and |
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(b) refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned. |
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(4) An ethical standards officer may not at any time conduct an investigation under section 55 in relation to a member or co-opted member of a relevant authority if, within the period of five years ending with that time, the ethical standards officer has been a member or an officer of the authority or a member of any committee or sub-committee of the authority.
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(5) An ethical standards officer who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an investigation under section 55-
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(a) must disclose the nature of his interest to the Standards Board for England, and |
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(b) may not take part in any investigation under that section which relates to that matter. |
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(6) The validity of any acts of an ethical standards officer are not to be affected by any contravention of subsection (4) or (5) or paragraph 3(2) of Schedule 3.
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| Procedure in respect of investigations. |
57. - (1) The procedure for conducting an investigation under section 55 is to be such as the ethical standards officer considers appropriate in the circumstances of the case.
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(2) Without prejudice to subsection (1), the ethical standards officer must give any person who is the subject of an investigation under section 55 an opportunity to comment on any allegation that he has failed, or may have failed, to comply with the authority's code of conduct.
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(3) An ethical standards officer may, if he thinks fit, pay to persons who attend or furnish information for the purposes of an investigation under section 55-
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(a) such sums in respect of the expenses properly incurred by them, and |
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(b) such allowances by way of compensation for the loss of their time, |
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as may be determined by the Secretary of State.
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(4) The carrying out of an investigation under section 55 is not to affect-
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(a) any action taken by the relevant authority concerned, or |
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(b) any power or duty of that authority to take further action with respect to any matters which are the subject of the investigation. |
