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 10 — Ethical standards
Chapter 1 — Conduct of local authority members
105

148
Standards Board for England: functions
(1)
In section 57(5) of the Local Government Act 2000 (c. 22) (functions of
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,”.
5
(2)
In Schedule 4 to that Act (further provision about Standards Board), in
paragraph 2(1)—
(a)
omit the “or” following paragraph (b);
(b)
after paragraph (c) insert—
“(d)
the functions of the standards committee of a relevant
10
authority in England, or
(e)
the functions of the monitoring officer of a relevant
authority in England.”
149
Ethical standards officers: investigations and findings
(1)
In section 59 of the Local Government Act 2000 (functions of ethical standards
15
officers)—
(a)
in subsection (1)(a) for “58(2)” substitute “58(1)”;
(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
20
action needs to be taken,”.
(2)
In the cross-heading before section 60 of that Act, after “Investigations” insert
“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)—
25
(a)
omit the words “relating to a relevant authority”;
(b)
omit the words from “in relation to” to the end.
(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
30
monitoring officer of a relevant authority to perform functions
conferred on him by or under this Part,
(h)
the disclosure is made to the Commission for Local
Administration in England for the purposes of any of its
functions,
35
(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.”
40
150
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”.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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(2)
Section 64 of that Act (reports etc by ethical standards officers) is amended as
mentioned in subsections (3) to (5) below.
(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
5
relevant authority concerned if he believes that it will assist that
committee in the discharge of its functions under this Part.”
(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
10
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
as mentioned in subsections (7) to (10) below.
(7)
In subsection (3)(b) for “79(4)(b)” substitute “78A”.
(8)
After subsection (4) insert—
15
“(4A)
The Secretary of State may by regulations make provision for or in
connection with the withdrawal of a reference under subsection (4).”
(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
20
officer believes that it will assist that committee in the discharge of its
functions under this Part.”
(10)
In subsection (6)(b), for “the reference in subsection (5)(b)” substitute “any
reference in subsection (5)(b) or (5A)”.
151
Disclosure by monitoring officers of ethical standards officers’ reports
25
(1)
After section 65 of the Local Government Act 2000 (c. 22) insert—
“65A
Disclosure by monitoring officers of ethical standards officers’ reports
(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
30
(b)
is informed of the outcome of an investigation,

he may inform any relevant person of the outcome of the investigation.
(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
35
subsection (3).
(3)
A monitoring officer may exercise a power under subsection (2) only
where he believes that it will assist in promoting high standards of
conduct by the members and co-opted members of the relevant
authority.
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(4)
In this section “relevant person” means—

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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(a)
any member or co-opted member of the relevant authority;
(b)
any officer of that authority;
(c)
where that authority has an executive, any member of the
executive.”
152
Matters referred to monitoring officers
5
(1)
Section 66 of the Local Government Act 2000 (matters referred to monitoring
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
10
circumstances as may be prescribed by the regulations, to refer
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,
15
any provisions of sections 62 and 63 (including sections 62(10) and
63(4)) or section 67(1), (1A) and (3) to (5).
(3B)
The provision which may be made by virtue of subsection (2)(b)
includes provision for or in connection with—
(a)
interim reports;
20
(b)
the disclosure of reports.”
(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
25
monitoring officer.”
(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
30
under section 57A,”.
(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)”.
(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),
35
70(4) or (5) or 71(2) or (4)”.

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Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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153
References to Adjudication Panel for action in respect of misconduct
After section 66 of the Local Government Act 2000 (c. 22) insert—
“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
5
in connection with—
(a)
enabling a standards committee, where it considers that the
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
10
taken against the person,
(b)
the appointment of members of that Panel to deal with such a
reference,
(c)
enabling those members (“the panel”) to decide what action, of
a kind authorised by the regulations, should be taken against
15
the person and enabling them to take that action,
(d)
the composition, practice and procedure of the panel (including
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
20
taken against him by the panel.
(2)
The kinds of action that may be authorised by virtue of subsection (1)(c)
include any kinds of action that may be authorised in relation to a
tribunal by regulations under section 78A(4) to (6).”
154
Consultation with ombudsmen
25
(1)
Before section 67 of the Local Government Act 2000, insert the following cross-
heading—
“Consultation with ombudsmen”.
(2)
In section 67 of that Act (consultation with ombudsmen), in each of subsections
(2) and (2A)—
30
(a)
after “section 59 of this Act” insert “or regulations under section 66 of
this Act”;
(b)
after “Standards Board for England” insert “or the standards committee
of the relevant authority concerned”;
(c)
for “58” substitute “57A”.
35
155
Interim case tribunals
(1)
Section 78 of the Local Government Act 2000 (decisions of interim case
tribunals) is amended as follows.
(2)
In subsection (1)(b) for “authority concerned” substitute “relevant authority
concerned”.
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Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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(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
committee of the relevant authority concerned.
(3)
If the decision of the interim case tribunal is as mentioned in subsection
5
(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
the tribunal has decided.
(3A)
The effect of a notice given under subsection (3) is to suspend or
10
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
of section 78A or 79”.
(5)
For subsection (8) substitute—
15
“(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—
(a)
the references in subsection (1) to the relevant authority
concerned are to be treated as references to that other authority,
20
(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,
(c)
the duty under subsection (3) to give notice to the standards
committee of the relevant authority concerned is to be treated as
25
a duty—
(i)
to give that notice to the standards committee of that
other relevant authority, and
(ii)
to give a copy of that notice to the standards committee
of the relevant authority concerned.
30
(8A)
Subsection (8) does not apply unless—
(a)
where the relevant authority concerned is in England, the other
relevant authority is also in England,
(b)
where the relevant authority concerned is in Wales, the other
relevant authority is also in Wales.”
35
(6)
After subsection (10) insert—
“(11)
An appeal may not be brought under subsection (10) except with the
leave of the High Court.”
156
Case tribunals: England
After section 78 of the Local Government Act 2000 (c. 22) insert—
40
“78A
Decisions of case tribunals: England
(1)
In this section “English case tribunal” means a case tribunal drawn
from the Adjudication Panel for England.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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(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
5
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—
10
(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—
15
(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
20
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
25
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
30
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
35
(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
40
prescribed modifications 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.
78B
English case tribunal decisions: supplementary
45
(1)
A copy of any notice given under section 78A(3) or under regulations
made under section 78A(7)—
(a)
must be given to the Standards Board for England,

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Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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(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.
(2)
Where the person concerned is no longer a member or co-opted
5
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
including references to that other relevant authority—
(a)
the second reference in section 78A(3);
10
(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
any allegation which gave rise to the adjudication.
(4)
Where an English case tribunal decides under section 78A that a person
15
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
78A which relates to him.
(5)
An appeal may not be brought under subsection (4) except with the
20
leave of the High Court.”
157
Case tribunals: Wales
(1)
Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals)
is amended as follows.
(2)
For the sidenote substitute “Decisions of case tribunals: Wales”.
25
(3)
Before subsection (1) insert—
(4)
In this section “Welsh case tribunal” means a case tribunal drawn from the
Adjudication Panel for Wales.”
(5)
In subsections (1) to (15) for “case tribunal”, in each place where it occurs,
substitute “Welsh case tribunal”.
30
(6)
In subsection (8)(c) for “must be suspended or partially suspended by the
relevant authority concerned” substitute “is suspended or partially
suspended”.
(7)
For subsection (9) substitute—
“(9)
The effect of a notice given to the standards committee of a relevant
35
authority under subsection (8) is to suspend or partially suspend the
person concerned as mentioned in subsection (8)(c).”
(8)
In subsection (12), for paragraph (a) substitute—
“(a)
must be given to the Public Services Ombudsman for Wales,”.
(9)
In subsection (13)—
40
(a)
for “the same country (that is to say, England or Wales)” substitute
“Wales”;