Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
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(2)
Where by virtue of section 64(1)(c) or 65(5) the monitoring officer of a
relevant authority receives a copy of a report, he may send a copy of it
or of any part of it to any relevant person; but this is subject to
subsection (3).
(3)
A monitoring officer may exercise a power under subsection (2) only
5
where he believes that it will assist in promoting high standards of
conduct by the members and co-opted members of the relevant
authority.
(4)
In this section “relevant person” means—
(a)
any member or co-opted member of the relevant authority;
10
(b)
any officer of that authority;
(c)
where that authority has an executive, any member of the
executive.”
141
Matters referred to monitoring officers
(1)
Section 66 of the Local Government Act 2000 (matters referred to monitoring
15
officers in England) is amended as mentioned in subsections (2) to (7).
(2)
In subsection (1), for “60(2) or 64(2)” substitute “57A, 60(2) or (3) or 64(2) or (4)”.
(3)
In subsection (2), after paragraph (e) insert—
“(f)
enabling a monitoring officer of a relevant authority, in such
circumstances as may be prescribed by the regulations, to refer
20
back any matters that were referred to him under section 57A.”
(4)
After subsection (3) insert—
“(3A)
Provision made by virtue of subsection (2)(a) and (3) may make
provision corresponding to or applying, with or without modifications,
any provisions of sections 62 and 63 (including sections 62(10) and
25
63(4)) or section 67(1) and (3).
(3B)
The provision which may be made by virtue of subsection (2)(b)
includes provision for or in connection with—
(a)
interim reports;
(b)
the disclosure of reports.”
30
(5)
After subsection (4) insert—
“(4A)
The provision which may be made by virtue of subsection (2)(f)
includes provision applying any provisions of section 57A, with or
without modifications, where matters have been referred back by the
monitoring officer.”
35
(6)
In subsection (5), for “subsection (2), (3) or (4)” substitute “subsections (2) to
(4A) or section 66A”.
(7)
In subsection (6), for the words from the beginning to “section” substitute “A
person who refers any matters to the monitoring officer of a relevant authority
under section 57A,”.
40
(8)
In section 73(1) of that Act (matters referred to monitoring officers in Wales),
for “70(4) or 71(2)” substitute “70(4) or (5) or 71(2) or (4)”.

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
101

(9)
In section 82A(1) of that Act (delegation of functions by monitoring officers),
for the words from “60(2)” to “71(2)” substitute “57A, 60(2) or (3), 64(2) or (4),
70(4) or (5) or 71(2) or (4)”.
142
References to Adjudication Panel for action in respect of misconduct
After section 66 of the Local Government Act 2000 (c. 22) insert—
5
“66A
References to Adjudication Panel for action in respect of misconduct
(1)
The provision which may be made by regulations under section 66 by
virtue of subsection (2)(d) of that section also includes provision for or
in connection with—
(a)
enabling a standards committee, where it considers that the
10
action it could take against a person is insufficient, to refer the
case to the president of the Adjudication Panel for England for
a decision by members of that Panel on the action that should be
taken against the person,
(b)
the appointment of members of that Panel to deal with such a
15
reference,
(c)
enabling those members (“the panel”) to decide what action, of
a kind authorised by the regulations, should be taken against
the person and enabling them to take that action,
(d)
the composition, practice and procedure of the panel (including
20
provision corresponding to or applying, with or without
modifications, any provision of section 76(6) to (12) and (15)),
(e)
conferring a right of appeal on a person in respect of action
taken against him by the panel.
(2)
The kinds of action that may be authorised by virtue of subsection (1)(c)
25
include any kinds of action that may be authorised in relation to a
tribunal by regulations under section 78A(4) to (6).”
143
Consultation with ombudsmen
(1)
Before section 67 of the Local Government Act 2000, insert the following cross-
heading—
30
“Consultation with ombudsmen”.
(2)
In section 67(2) of that Act (power of Local Commissioner to consult Standards
Board)—
(a)
after “section 59 of this Act” insert “or regulations under section 66 of
this Act”;
35
(b)
after “Standards Board for England” insert “or the standards committee
of the relevant authority concerned”;
(c)
for “58” substitute “57A”.
144
Interim case tribunals
(1)
Section 78 of the Local Government Act 2000 (decisions of interim case
40
tribunals) is amended as follows.

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
102

(2)
In subsection (1)(b) for “authority concerned” substitute “relevant authority
concerned”.
(3)
For subsections (2) and (3) substitute—
“(2)
If the decision of the interim case tribunal is as mentioned in subsection
(1)(a), the tribunal must give notice of its decision to the standards
5
committee of the relevant authority concerned.
(3)
If the decision of the interim case tribunal is as mentioned in subsection
(1)(b), the tribunal must give notice to the standards committee of the
relevant authority concerned stating that the person concerned is
suspended or partially suspended for the period, and in the way, that
10
the tribunal has decided.
(3A)
The effect of a notice given under subsection (3) is to suspend or
partially suspend the person concerned as mentioned in subsection
(3).”
(4)
In subsection (6) for “under section 79 is given” substitute “is given by virtue
15
of section 78A or 79”.
(5)
For subsection (8) substitute—
“(8)
Where the person concerned 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—
20
(a)
the references in subsection (1) to the relevant authority
concerned are to be treated as references to that other authority,
(b)
the references in subsections (2) and (7)(b) to the relevant
authority concerned are to be treated as including a reference to
that other relevant authority,
25
(c)
the duty under subsection (3) to give notice to the standards
committee of the relevant authority concerned is to be treated as
a duty—
(i)
to give that notice to the standards committee of that
other relevant authority, and
30
(ii)
to give a copy of that notice to the standards committee
of the relevant authority concerned.
(8A)
Subsection (8) does not apply unless—
(a)
where the relevant authority concerned is in England, the other
relevant authority is also in England,
35
(b)
where the relevant authority concerned is in Wales, the other
relevant authority is also in Wales.”
(6)
After subsection (10) insert—
“(11)
An appeal may not be brought under subsection (10) except with the
leave of the High Court.”
40

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
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145
Case tribunals: England
After section 78 of the Local Government Act 2000 (c. 22) insert—
“78A
Decisions of case tribunals: England
(1)
In this section “English case tribunal” means a case tribunal drawn
from the Adjudication Panel for England.
5
(2)
An English 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.
(3)
Where an English case tribunal decides that a person has not failed to
comply with the code of conduct of the relevant authority concerned, it
10
must give notice to that effect to the standards committee of the
relevant authority concerned.
(4)
Where an English case tribunal decides that a person has failed to
comply with the code of conduct of the relevant authority concerned, it
may—
15
(a)
take in respect of him any action authorised by regulations
made by the Secretary of State for the purposes of this
subsection, or
(b)
decide to take no action against him.
(5)
Regulations made under subsection (4) may in particular—
20
(a)
enable the tribunal to censure the person,
(b)
enable it to suspend, or partially suspend, the person from
being a member or co-opted member of the relevant authority
concerned for a limited period,
(c)
enable it to disqualify the person, for a period not exceeding five
25
years, for being or becoming (whether by election or otherwise)
a member of that or any other relevant authority.
(6)
The reference in subsection (5)(b) to the relevant authority concerned is
to be read, in relation to a person who is no longer a member or co-
opted member of the relevant authority concerned but is a member or
30
co-opted member of another relevant authority in England, as a
reference to that other relevant authority.
(7)
Regulations made by the Secretary of State may require an English case
tribunal to give a notice to the standards committee of the relevant
authority concerned where it decides that a person has failed to comply
35
with the code of conduct of that authority and—
(a)
decides to suspend or partially suspend the person,
(b)
decides to disqualify the person,
(c)
decides to take action against the person other than suspension,
partial suspension or disqualification, or
40
(d)
decides to take no action against him.
(8)
Regulations under subsection (7) may—
(a)
prescribe the content of any notice,
(b)
provide for the effect that any notice is to have,
(c)
provide for provisions of the regulations to have effect with
45
prescribed modifications where the person concerned is no

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
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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.
78B
English case tribunal decisions: supplementary
(1)
A copy of any notice given under section 78A(3) or under regulations
5
made under section 78A(7)—
(a)
must be given to the Standards Board for England,
(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
10
area of the relevant authority concerned.
(2)
Where the person concerned 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, the following
references to the relevant authority concerned are to be treated as
15
including references to that other relevant authority—
(a)
the second reference in section 78A(3);
(b)
the reference in subsection (1)(c) above.
(3)
Where an English case tribunal adjudicates on any matter, it must take
reasonable steps to give notice of its decision to any person who made
20
any allegation which gave rise to the adjudication.
(4)
Where an English case tribunal decides under section 78A 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 made by the tribunal by virtue of section
25
78A which relates to him.
(5)
An appeal may not be brought under subsection (4) except with the
leave of the High Court.”
146
Case tribunals: Wales
(1)
Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals)
30
is amended as follows.
(2)
For the sidenote substitute “Decisions of case tribunals: Wales”.
(3)
Before subsection (1) insert—
“(A1)
In this section “Welsh case tribunal” means a case tribunal drawn from
the Adjudication Panel for Wales.”
35
(4)
In subsections (1) to (15) for “case tribunal”, in each place where it occurs,
substitute “Welsh case tribunal”.
(5)
In subsection (8)(c) for “must be suspended or partially suspended by the
relevant authority concerned” substitute “is suspended or partially
suspended”.
40

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
105

(6)
For subsection (9) substitute—
“(9)
The effect of a notice given to the standards committee of a relevant
authority under subsection (8) is to suspend or partially suspend the
person concerned as mentioned in subsection (8)(c).”
(7)
In subsection (12), for paragraph (a) substitute—
5
“(a)
must be given to the Public Services Ombudsman for Wales,”.
(8)
In subsection (13)—
(a)
for “the same country (that is to say, England or Wales)” substitute
“Wales”;
(b)
for paragraph (b) substitute—
10
“(b)
the reference in subsection (4)(a) to the relevant
authority concerned is to be treated as a reference to that
other relevant authority,”.
(9)
After subsection (15) insert—
“(16)
An appeal may not be brought under subsection (15) except with the
15
leave of the High Court.”
147
Exemption from Data Protection Act 1998
In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory
activity), after subsection (6) insert—
“(7)
Personal data processed for the purpose of discharging any function
20
which is conferred by or under Part 3 of the Local Government Act 2000
on—
(a)
the monitoring officer of a relevant authority,
(b)
an ethical standards officer, or
(c)
the Public Services Ombudsman for Wales,
25

are exempt from the subject information provisions in any case to the
extent to which the application of those provisions to the data would be
likely to prejudice the proper discharge of that function.
(8)
In subsection (7)—
(a)
“relevant authority” has the meaning given by section 49(6) of
30
the Local Government Act 2000, and
(b)
any reference to the monitoring officer of a relevant authority,
or to an ethical standards officer, has the same meaning as in
Part 3 of that Act.”
148
Supplementary and consequential provision
35
(1)
Subsection (2) applies in relation to any provision of Part 3 of the Local
Government Act 2000 (c. 22) which is applied (with or without modifications)
by an order under section 70 of that Act made before the passing of this Act.
(2)
Any amendment of that provision by this Part does not extend to the provision
as so applied.
40
(3)
Where a provision mentioned in section 70(2)(a) of that Act is amended by this
Part, the power in section 70(2) of that Act to apply or reproduce that provision
(with or without modifications) is a power to apply or reproduce (with or

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 2 — Employees
106

without modifications) that provision either as amended by this Part or
without the amendments made by this Part.
(4)
In the Local Government Act 1972 (c. 70)—
(a)
in section 85(3A) (vacation of office by failure to attend), for “73, 78”
substitute “66A, 73, 78, 78A”;
5
(b)
in section 86(1)(b) (declaration of vacancy in office), before “79” insert
“66A, 78A or”;
(c)
in section 87(1)(ee) (date of casual vacancies), before “79” insert “66A,
78A or”.
(5)
In section 49(1) of the Audit Commission Act 1998 (c. 18) (restriction on
10
disclosure of information), after paragraph (de) insert—
“(df)
for the purposes of the functions of a monitoring officer under
that Part or regulations made under that Part;”.
(6)
In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and
13(2) (failure to attend meetings), for “73, 78” substitute “66A, 73, 78, 78A”.
15
Chapter 2
Employees
149
Politically restricted posts: grant and supervision of exemptions
(1)
In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and
supervision of exemptions from political restriction of posts)—
20
(a)
at the end of the sidenote, insert “: Scotland and Wales”;
(b)
in subsection (1) for the words “It shall be the duty of the Secretary of
State to appoint a person” substitute “It shall be the duty of the Scottish
Ministers to appoint in relation to Scotland, and the duty of the Welsh
Ministers to appoint in relation to Wales, a person”;
25
(c)
omit subsection (8)(a);
(d)
in subsection (8)(b), for “that subsection” substitute “subsection (1)”.
(2)
After that section insert—
“3A
Grant and supervision of exemptions from political restriction:
England
30
(1)
The standards committee of a local authority in England which is a
relevant authority—
(a)
must consider any application for exemption from political
restriction which is made to the committee, in respect of any
post under the relevant authority, by the holder for the time
35
being of that post; and
(b)
may, on the application of any person or otherwise, give
directions to the relevant authority requiring it to include a post
in the list maintained by the authority under section 2(2).
(2)
An application may not be made under subsection (1)(a) unless—
40
(a)
the relevant authority have specified or are proposing to specify
the post in the list maintained by them under section 2(2); and