Local Government Bill [H.L.]

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

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	CHAPTER IV
	ADJUDICATIONS
	Adjudication Panels
Adjudication Panels.	69. - (1) There is to be panel of persons, known as the Adjudication Panel for England, eligible for membership of tribunals drawn from the Panel.
	(2) There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel.
	(3) The members of the Adjudication Panel for England are to be appointed by the Secretary of State, and he must appoint, from among those members, a president and deputy president of the Panel.
	(4) The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine.
	(5) 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.
	(6) The Adjudication Panel for England must include persons possessing such qualifications as may be determined by the Secretary of State.
	(7) The Adjudication Panel for Wales must include persons possessing such qualifications as may be determined by the National Assembly for Wales.
	(8) The president and deputy president of the Adjudication Panel for England are to be responsible-
	(a) for training the members of the Panel,
	(b) for issuing guidance on how tribunals drawn from the Panel are to reach decisions.
	(9) The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible-
	(a) for training the members of the Panel,
	(b) for issuing guidance on how tribunals drawn from the Panel are to reach decisions.
	Case tribunals
Case tribunals.	70. - (1) Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 60(3) or 66(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.
	(2) Adjudications in respect of matters referred to the president of the relevant Adjudication Panel under section 61(5) or 67(5) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.
	(3) The president of the relevant Adjudication Panel (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.
	(4) 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.
	(5) A case tribunal drawn from the relevant Adjudication Panel may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section 60(3) or 66(3).
	(6) An interim case tribunal drawn from the relevant Adjudication Panel may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section 61(5) or 67(5).
	(7) The president or the deputy president of the relevant Adjudication Panel may be a member of a case tribunal or interim case tribunal drawn from the Panel.
	(8) A member of the relevant Adjudication Panel may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
	(9) A person who is a member of an interim case tribunal which, as a result of an investigation under section 55 or 64, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.
	(10) The Secretary of State may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for England.
	(11) The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
	(12) The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.
	Adjudications
Adjudications by case tribunals.	71. - (1) A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by-
	(a) counsel or a solicitor, or
	(b) any other person whom he desires to represent him.
	(2) The Secretary of State may by regulations make such provision as appears to him to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for England.
	(3) The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.
	(4) Regulations under this section may, in particular, include provision-
	(a) for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses,
	(b) for requiring persons to furnish further particulars,
	(c) for prescribing the procedure to be followed in adjudications, including-
	(i) provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence,
	(ii) provision enabling the president or deputy president to determine the procedure to be followed in relation to any matters specified in the regulations,
	(d) for the award of costs or expenses,
	(e) for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in a county court),
	(f) for the registration and proof of decisions and awards of tribunals.
	(5) A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (4)(a) or (b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
	(6) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
Decisions of interim case tribunals.	72. - (1) An interim case tribunal which adjudicates on any matters which are the subject of an interim report must reach one of the following decisions-
	(a) that the person to whom the recommendation mentioned in section 61(3) or 67 relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,
	(b) that that person should be suspended or partially suspended from being a member or co-opted member of the authority concerned in the way and for the period recommended in the report, or
	(c) that that person should be suspended or partially suspended from being a member or co-opted member of the authority concerned in a different way or for a different period from that recommended in the report.
	(2) The period mentioned in subsection (1)(c) must not exceed six months or (if shorter) the remainder of the person's term of office.
	(3) An interim case tribunal must give notice of its decision to the standards committee of the relevant authority concerned.
	(4) If the decision of an interim case tribunal is that a person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned-
	(a) the notice must specify the date on which the suspension or partial suspension is to begin, and
	(b) the relevant authority must suspend or partially suspend the person in accordance with the notice.
	(5) A decision of an interim case tribunal under this section shall not prevent an ethical standards officer from continuing with the investigation under section 55 which gave rise to the interim report concerned and producing a report under section 60, or a further interim report under section 61, in respect of any matters which are the subject of the investigation.
	(6) 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 64 which gave rise to the interim report concerned and producing a report under section 66, or a further interim report under section 67, in respect of any matters which are the subject of the investigation.
	(7) The suspension or partial suspension of any person under this section shall cease to have effect on the day that a notice under section 73 is given to the standards committee of the relevant authority concerned with respect to that person.
	(8) A copy of any notice under this section must be given-
	(a) to any member or co-opted member of the relevant authority concerned who is the subject of the notice, and
	(b) to the monitoring officer of the relevant authority concerned.
	(9) An interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section 55 or 64 of its decision under this section.
	(10) A person who is suspended or partially suspended under this section may appeal to the High Court-
	(a) against the suspension or partial suspension, or
	(b) against the length of the suspension.
Decisions of case tribunals.	73. - (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 Commission for Local Administration in 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.	74. - (1) Any case tribunal which gives notice to a standards committee of a relevant authority under section 73 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 person.
	(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 person 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 person is not satisfied with the action the relevant authority has taken or proposes to take in relation to the recommendations, the relevant person 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 person" means-
	(a) the Standards Board for England where the relevant authority concerned is in England,
	(b) a Local Commissioner in Wales where the relevant authority concerned is in Wales.

Prepared 14 March 2000