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Reports etc. |
| Reports etc. |
61. - (1) Where an ethical standards officer determines in relation to any case that a finding under section 56(4)(a) or (b) is appropriate-
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(a) he may produce a report on the outcome of his investigation, |
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(b) he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned, |
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(c) he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and |
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(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. |
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(2) Where an ethical standards officer determines in relation to any case that a finding under section 56(4)(c) is appropriate he must-
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(a) produce a report on the outcome of his investigation, |
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(b) refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and |
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(c) send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned. |
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(3) Where an ethical standards officer determines in relation to any case that a finding under section 56(4)(d) is appropriate he must-
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(a) produce a report on the outcome of his investigation, |
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(b) refer the matters which are the subject of the investigation to the president of the Adjudication Panel for England for adjudication by a tribunal falling within section 73(1), and |
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(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 England. |
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(4) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England-
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(a) the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and |
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(b) an ethical standards officer who reaches a finding under section 56(4)(c) must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority. |
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(5) A report under this section may cover more than one investigation under section 56 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
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(6) An ethical standards officer must-
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(a) inform any person who is the subject of an investigation under section 56, and |
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(b) take reasonable steps to inform any person who made any allegation which gave rise to the investigation, |
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of the outcome of the investigation.
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| Interim reports. |
62. - (1) Where he considers it necessary in the public interest, an ethical standards officer may, before the completion of an investigation under section 56, produce an interim report on that investigation.
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(2) An interim report under this section may cover more than one investigation under section 56 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
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(3) Where the prima facie evidence is such that it appears to the ethical standards officer producing the interim report-
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(a) that the person who is the subject of the report has failed to comply with the code of conduct of the relevant authority concerned, |
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(b) that the nature of that failure is such as to be likely to lead to disqualification under section 76(4)(b), and |
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(c) that it is in the public interest to suspend or partially suspend that person immediately, |
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the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person's term of office.
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(4) Where an ethical standards officer 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 England for adjudication by a tribunal falling within section 73(2).
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(5) A copy of any report under this section must be given-
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(a) to any person who is the subject of the report, |
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(b) to the monitoring officer of the relevant authority concerned, and |
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(c) to the president of the Adjudication Panel for England. |
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(6) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England-
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(a) the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and |
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(b) the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority. |
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(7) In this Part "partially suspended" and cognate expressions are to be construed in accordance with section 80(6) and (7).
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References to monitoring officers |
| Matters referred to monitoring officers. |
63. - (1) The Secretary of State may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section 57(2) or 61(2) are to be dealt with.
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(2) The provision which may be made by regulations under subsection (1) includes provision for or in connection with-
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(a) enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him, |
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(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, |
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(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), |
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(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 (or former member or co-opted member) of the authority who is the subject of any such report or recommendation), |
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(e) the publicity to be given to any such report, recommendations or action. |
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(3) The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with-
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(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, |
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(b) conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation. |
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(4) The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with-
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(a) enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member) of the authority, |
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(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, |
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(c) conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him. |
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(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
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(6) An ethical standards officer who refers any matters to the monitoring officer of a relevant authority under section 57(2) or 61(2) may give directions to the monitoring officer as to the way in which those matters are to be dealt with.
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| Consultation with Local Commissioner. |
64. - (1) If, at any stage in the course of conducting an investigation under section 56, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.
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(2) If, at any stage in the course of conducting an investigation under Part III of that Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 56 of this Act, he may consult the Standards Board for England about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section 55.
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(3) Consultation under subsection (1) or (2) may relate to any matter concerned with the investigation, including-
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(a) the conduct of the investigation, and |
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(b) the form, content and publication of any report relating to the investigation. |
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(4) Nothing in section 32(2) of the Local Government Act 1974 or section 60(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.
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(5) In this section "Local Commissioner" has the same meaning as in Part III of the Local Government Act 1974.
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