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
93

(6)
The Standards Board for England—
(a)
without prejudice to section 54(6), may issue guidance with
respect to the exercise of functions under this section and
section 57B by standards committees of relevant authorities in
England;
5
(b)
may give a direction to the standards committee of a relevant
authority in England with respect to the exercise of the
committee’s functions under this section.
57B
Right to request review of decision not to act
(1)
This section applies where a decision is made under section 57A(2) that
10
no action should be taken in respect of an allegation.
(2)
The person who made the allegation may make a request to the
standards committee of the relevant authority concerned for that
decision to be reviewed.
(3)
A request under subsection (2)—
15
(a)
must be in writing, and
(b)
may not be made after 30 days beginning with the date of the
notice under section 57A(4).
(4)
Where a request under subsection (2) is received by a standards
committee—
20
(a)
section 57A(2) to (4) again apply to the standards committee,
and
(b)
it must make a reference under section 57A(2)(a) or (b) or (3), or
a decision under section 57A(2)(c), within 3 months beginning
with the date it received the request.
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(5)
If by virtue of subsection (4) a decision is made under section 57A(2)
that no action should be taken in respect of an allegation, this section
does not apply in relation to that decision.
(6)
Subsection (4) is subject to any direction under section 57C.
57C
Power to suspend standards committee’s powers
30
(1)
In such circumstances as may be prescribed, the Standards Board for
England may direct that, until such time as the direction may be
revoked by the Standards Board for England—
(a)
section 57A(2) to (4) and 57B(4) shall not apply to the standards
committee of a specified authority in relation to relevant
35
allegations and relevant requests, and
(b)
that standards committee must refer any such allegations or
requests to a specified body.
(2)
The body which is specified in the direction may be—
(a)
the Standards Board for England, or
40
(b)
the standards committee of another relevant authority in
England, if that committee has consented to being so specified.
(3)
For the purposes of subsection (1) an allegation is “relevant” if it is an
allegation under section 57A which—
(a)
is received after the direction is given, or
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Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
94

(b)
was received before that date, but is an allegation in respect of
which the standards committee has yet to comply with section
57A(2).
(4)
For the purposes of subsection (1) a request is “relevant” if it is a request
under section 57B which—
5
(a)
is received after the direction is given, or
(b)
was received before that date, but relates to an allegation in
respect of which the standards committee has yet to comply
with section 57A(2) (as applied by section 57B(4)).
(5)
In subsection (3) “received”, in relation to an allegation, means—
10
(a)
received under section 57A, or
(b)
received on a reference back to the standards committee under
section 58 or regulations under section 66.
(6)
The Secretary of State may by regulations make provision—
(a)
for prescribed provisions of or made under this Part to apply,
15
with or without modifications, where an allegation or request
has been referred by reason of a direction (including where it
has been referred and subsequently the direction is revoked),
(b)
prescribing the circumstances in which the power to revoke a
direction under this section is exercisable,
20
(c)
with respect to the procedure to be followed (including the
publicity to be given) where a direction has been made or
revoked,
(d)
modifying section 67(2) in relation to any case where a direction
under this section is in force at a time when a Local
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Commissioner is of the opinion mentioned there.
(7)
The Standards Board for England may issue guidance in connection
with—
(a)
this section or any regulations under this section, or
(b)
any direction under this section.
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(8)
In this section—
“prescribed” means prescribed by regulations made by the
Secretary of State,
“specified” means specified in the direction.
58
Allegations referred to Standards Board
35
(1)
Where an allegation is referred to the Standards Board for England
under section 57A(2), the Standards Board for England must—
(a)
refer the case to one of its ethical standards officers for
investigation under section 59,
(b)
decide that no action should be taken in respect of the
40
allegation, or
(c)
refer the allegation back to the standards committee of the
relevant authority concerned.
(2)
If the Standards Board for England decides that no action should be
taken in respect of the allegation, it must take reasonable steps to give
45
notice in writing, to the person who made the allegation, of the decision
and the reasons for the decision.

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
95

(3)
On a reference back under subsection (1)(c), section 57A(2) to (4) again
apply to the standards committee but as if section 57A(2)(b) were
omitted.
(4)
Subsection (3) is subject to any direction under section 57C.”
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Information to be provided to Standards Board by relevant authority
5
After section 66A of the Local Government Act 2000 (c. 22) (inserted by section
142 of this Act) insert—
“Information to be provided to Standards Board by relevant authority
66B
Periodic returns
(1)
A relevant authority in England must send to the Standards Board,
10
within such period beginning with the end of each relevant period as
the Standards Board may direct, a return containing the required
information.
(2)
In subsection (1) “relevant period” means such period as the Standards
Board may direct.
15
(3)
In subsection (1) “the required information” means such information
relating to—
(a)
allegations under section 57A received by the standards
committee of the authority during the relevant period,
(b)
requests under section 57B so received,
20
(c)
the exercise during that period of any functions conferred by or
under this Part on the standards committee, or
(d)
the exercise during that period of any functions conferred by or
under this Part on the monitoring officer of the authority,

as the Standards Board may direct.
25
(4)
Section 57C(5) (meaning of “received”) applies for the purposes of
subsection (3)(a).
(5)
A return under subsection (1) must be in such form as the Standards
Board may direct.
(6)
Different directions under this section may be given in relation to
30
different relevant authorities or different descriptions of relevant
authority.
(7)
A direction may specify different periods under subsection (2), and
may make different provision under subsection (1), (3) or (5) in relation
to returns relating to different periods.
35
(8)
Any direction under this section may be varied or revoked by a
subsequent direction of the Standards Board.
(9)
In this section and section 66C—
(a)
references to a relevant authority in England do not include a
parish council,
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(b)
“the Standards Board” means the Standards Board for England.

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
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66C
Information requests
(1)
If the Standards Board requests a relevant authority in England to
provide information within subsection (2), the authority must comply
with the request by such date as the Standards Board may specify.
(2)
Information is within this subsection if it is specified in the request and
5
it relates to the exercise of functions conferred by or under this Part
on—
(a)
the standards committee of the relevant authority, or
(b)
the monitoring officer of the relevant authority.”
Conduct of local authority members: miscellaneous amendments
10
134
Chairmen of standards committees
In section 53(4) of the Local Government Act 2000 (c. 22) (composition of
standards committees), at the end (but not as part of paragraph (b)) insert “and
must be chaired by a person falling within paragraph (b)”.
135
Sub-committees of standards committees
15
(1)
In section 54A of the Local Government Act 2000 (sub-committees of standards
committees)—
(a)
in subsection (2) omit the words “55 or”;
(b)
in subsection (3) at the end insert “, but this is subject to section
55(7)(b)”;
20
(c)
in subsection (6) after “Subject to” insert “section 55(5) and to”.
(2)
In section 55 of that Act (standards committees or sub-committees for parish
councils)—
(a)
in the sidenote, omit “or sub-committees”;
(b)
omit subsection (3);
25
(c)
in subsection (4), for “the functions” substitute “a function”;
(d)
in subsection (5), for the words from the beginning to “county council,”
substitute “Where a function conferred by this section is to be exercised
by a sub-committee of the standards committee of a district council or
unitary county council, the number of members of the sub-committee,”;
30
(e)
after subsection (5) insert—
“(5A)
Subsection (5) is subject to any provision made by regulations
under section 53(6)(a) (as applied by section 54A).”;
(f)
in subsection (6), for “the functions” substitute “any function”;
(g)
for subsection (7) substitute—
35
“(7)
Where a sub-committee of the standards committee of a district
council or unitary county council discharges any function
conferred by this section, the sub-committee—
(a)
must include at least one member of the standards
committee who falls within section 53(4)(b);
40
(b)
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

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
97

(c)
must ensure that at least one person falling within
paragraph (b) is present at any meeting of the sub-
committee when matters relating to those parish
councils, or the members of those parish councils, are
being considered.”;
5
(h)
in subsection (8), omit the words from the beginning to “section, and”;
(i)
omit subsections (9) and (10);
(j)
in subsection (11)—
(i)
omit “or in relation to” in both places where it occurs;
(ii)
in paragraph (b) for “under this section,” substitute “with
10
responsibility for that function,”;
(iii)
omit the words after paragraph (b);
(k)
after subsection (11) insert—
“(11A)
Any function which by virtue of the following provisions of this
Part is exercisable in relation to the standards committee of a
15
relevant authority which is a parish council is to be exercisable
in relation to the standards committee of the district council or
unitary county council which are the responsible authority in
relation to the parish council.
(11B)
Any reference in the following provisions of this Part to the
20
standards committee of a relevant authority which is a parish
council is to be construed in accordance with subsections (11)
and (11A).”
136
Joint committees of relevant authorities in England
After section 56 of the Local Government Act 2000 there is inserted—
25
“56A
Joint committees of relevant authorities in England
(1)
The Secretary of State may make regulations under which two or more
relevant authorities in England may—
(a)
establish a joint committee of those authorities; and
(b)
arrange for relevant functions to be exercisable by that
30
committee.
(2)
In this section a “relevant function” means a function conferred by or
under this Part or any other enactment on the standards committee of
any (or each) of the relevant authorities.
(3)
The regulations may in particular—
35
(a)
specify functions in relation to which arrangements may, or
may not, be made;
(b)
make provision, in relation to joint committees or sub-
committees of joint committees, which corresponds to or
applies (with or without modifications)—
40
(i)
any provision of, or that could be made under,
regulations under section 53(6) or 54(4),
(ii)
any provision of section 53(3) to (5), (7) to (9), 54(6) or
54A(1), (3) or (6), or
(iii)
any provision of section 55(4) to (7).
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Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 1 — Conduct of local authority members
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(4)
Regulations under this section may modify any provision of this Part,
or any other enactment relating to a standards committee or to any
function of a standards committee, in relation to cases where a function
of a standards committee is exercisable by a joint committee.
(5)
In this section “enactment” includes any enactment or subordinate
5
legislation, whenever passed or made.
(6)
Any reference in this section to a relevant authority in England does not
include a parish council.”
137
Standards Board for England: functions
(1)
In section 57(5) of the Local Government Act 2000 (c. 22) (functions of
10
Standards Board for England), after paragraph (a) insert—
“(aa)
may issue guidance to ethical standards officers with respect to
the exercise by those officers of their functions,”.
(2)
In Schedule 4 to that Act (further provision about Standards Board), in
paragraph 2(1)—
15
(a)
omit the “or” following paragraph (b);
(b)
after paragraph (c) insert—
“(d)
the functions of the standards committee of a relevant
authority in England, or
(e)
the functions of the monitoring officer of a relevant
20
authority in England.”
138
Ethical standards officers: investigations and findings
(1)
In section 59 of the Local Government Act 2000 (functions of ethical standards
officers)—
(a)
in subsection (1)(a) for “58(2)” substitute “58(1)”;
25
(b)
in subsection (4)(a) for “is no evidence of any” substitute “has been no”;
(c)
for subsection (4)(b) substitute—
“(b)
that there has been such a failure to comply but no
action needs to be taken,”.
(2)
In the cross-heading before section 60 of that Act, after “Investigations” insert
30
“by ethical standards officers”.
(3)
In section 62(1) of that Act (ethical standards officer’s right of access to
documents relating to a relevant authority)—
(a)
omit the words “relating to a relevant authority”;
(b)
omit the words from “in relation to” to the end.
35
(4)
In section 63(1) of that Act (restrictions on disclosure of information obtained
by ethical standards officers), after paragraph (f) insert—
“(g)
the disclosure is made for the purposes of enabling the
monitoring officer of a relevant authority to perform functions
conferred on him by or under this Part,
40
(h)
the disclosure is made to the Commission for Local
Administration in England for the purposes of any of its
functions,

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Chapter 1 — Conduct of local authority members
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(i)
the disclosure is made to the Electoral Commission for the
purposes of any of its functions,
(j)
the disclosure is made to any person specified in an order made
by the Secretary of State for the purposes of this paragraph, for
purposes so specified.”
5
139
Ethical standards officers: reports etc
(1)
In the cross-heading before section 64 of the Local Government Act 2000, after
“Reports etc” insert “by ethical standards officers”.
(2)
Section 64 of that Act (reports etc by ethical standards officers) is amended as
mentioned in subsections (3) to (5) below.
10
(3)
After subsection (3) insert—
“(3A)
Where an ethical standards officer produces a report under subsection
(1) or (3), he may send a copy of it to the standards committee of the
relevant authority concerned if he believes that it will assist that
committee in the discharge of its functions under this Part.”
15
(4)
In subsection (4)(a), for “and (3)(c)” substitute “, (3)(c) and (3A)”.
(5)
After subsection (6) insert—
“(7)
The Secretary of State may by regulations make provision for or in
connection with the withdrawal of a reference under subsection (3)(b).”
(6)
Section 65 of that Act (interim reports by ethical standards officers) is amended
20
as mentioned in subsections (7) to (10) below.
(7)
In subsection (3)(b) for “79(4)(b)” substitute “78A”.
(8)
After subsection (4) insert—
“(4A)
The Secretary of State may by regulations make provision for or in
connection with the withdrawal of a reference under subsection (4).”
25
(9)
After subsection (5) insert—
“(5A)
A copy of any report under this section may be given to the standards
committee of the relevant authority concerned if the ethical standards
officer believes that it will assist that committee in the discharge of its
functions under this Part.”
30
(10)
In subsection (6)(b), for “the reference in subsection (5)(b)” substitute “any
reference in subsection (5)(b) or (5A)”.
140
Disclosure by monitoring officers of ethical standards officers’ reports
(1)
After section 65 of the Local Government Act 2000 (c. 22) insert—
“65A
Disclosure by monitoring officers of ethical standards officers’ reports
35
(1)
Where by virtue of section 64(1)(c) or (d) the monitoring officer of a
relevant authority—
(a)
receives a copy of a report on the outcome of an investigation, or
(b)
is informed of the outcome of an investigation,

he may inform any relevant person of the outcome of the investigation.
40