Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

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
98

(9)
In this section the following expressions have the same meanings as in Part 3
of the Local Government Act 2000 (c. 22)—
“code of conduct”;
“co-opted member”;
“member of a relevant authority”;
5
“relevant authority”.
(10)
References in subsections (6) to (8) to the code of conduct of a relevant
authority include, in relation to a relevant authority whose members and co-
opted members are subject to mandatory provisions by virtue of section
51(5)(b) of the Local Government Act 2000, those mandatory provisions.
10
(11)
In this section—
“the commencement date” means the date this section comes into force;
“the prescribed period” means such period, beginning with the
commencement date, as may be prescribed for the purposes of
subsection (6) by order made by the Secretary of State.
15
142
Certain references to code of conduct to include default code
(1)
In section 37 of the Local Government Act 2000 (local authority constitution),
after subsection (3) insert—
“(4)
In relation to an authority whose members and co-opted members are
subject to mandatory provisions by virtue of section 51(5)(b), the
20
reference in subsection (1)(c) to the authority’s code of conduct for the
time being under section 51 is to the mandatory provisions which for
the time being apply to the members and co-opted members of the
authority.”
(2)
In section 52 of that Act (duty to comply with code of conduct), after subsection
25
(4) insert—
“(5)
In relation to a relevant authority whose members and co-opted
members are subject to mandatory provisions by virtue of section
51(5)(b)—
(a)
the references in subsections (2) to (4) to the authority’s code of
30
conduct for the time being under section 51 include the
mandatory provisions which for the time being apply to the
members and co-opted members of the authority, and
(b)
the references in subsections (3) and (4) to any time after the
authority have adopted a code of conduct under section 51 for
35
the first time are to be read as references to any time after the
coming into force of section 142 of the Local Government and
Public Involvement in Health Act 2007.”
(3)
In section 54 of that Act (functions of standards committees), after subsection
(3) insert—
40
“(3A)
In relation to a relevant authority whose members and co-opted
members are subject to mandatory provisions by virtue of section
51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the
authority’s code of conduct are to those mandatory provisions.”

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
99

Conduct of members of authorities in England: assessment of allegations
143
Assessment of allegations
For section 58 of the Local Government Act 2000 (c. 22) substitute—
“Written allegations
57A
Written allegations: right to make, and initial assessment
5
(1)
A person may make a written allegation to the standards committee of
a relevant authority in England that a member or co-opted member (or
former member or co-opted member) of that authority has failed, or
may have failed, to comply with the authority’s code of conduct.
(2)
Where a standards committee receives an allegation under subsection
10
(1) it must—
(a)
refer the allegation to the monitoring officer of the relevant
authority concerned (see section 66),
(b)
refer the allegation to the Standards Board for England (see
section 58), or
15
(c)
decide that no action should be taken in respect of the
allegation.
(3)
Where an allegation under subsection (1) is in respect of a person
who—
(a)
is no longer a member or co-opted member of the relevant
20
authority concerned, but
(b)
is a member or co-opted member of another relevant authority
in England,

the standards committee may, if it thinks it more appropriate than
referring the allegation to the monitoring officer of the relevant
25
authority concerned, refer the allegation to the monitoring officer of
that other relevant authority.
(4)
If the standards committee decides that no action should be taken in
respect of the allegation, it must take reasonable steps to give notice in
writing, to the person who made the allegation, of the decision and the
30
reasons for the decision.
(5)
Subsections (2) to (4) are subject to any direction under section 57C.
(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
35
section 57B by standards committees of relevant authorities in
England;
(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.
40
57B
Right to request review of decision not to act
(1)
This section applies where a decision is made under section 57A(2) that
no action should be taken in respect of an allegation.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
100

(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)—
(a)
must be in writing, and
5
(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—
(a)
section 57A(2) to (4) again apply to the standards committee,
10
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.
(5)
If by virtue of subsection (4) a decision is made under section 57A(2)
15
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
(1)
In such circumstances as may be prescribed, the Standards Board for
20
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
allegations and relevant requests, and
25
(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
(b)
the standards committee of another relevant authority in
30
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
(b)
was received before that date, but is an allegation in respect of
35
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—
(a)
is received after the direction is given, or
40
(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—
(a)
received under section 57A, or
45

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
101

(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,
with or without modifications, where an allegation or request
5
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,
(c)
with respect to the procedure to be followed (including the
10
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
Commissioner is of the opinion mentioned there,
15
(e)
modifying section 67(2A) in relation to any case where a
direction under this section is in force at a time when the Public
Services Ombudsman for Wales is of the opinion mentioned
there.
(7)
The Standards Board for England may issue guidance in connection
20
with—
(a)
this section or any regulations under this section, or
(b)
any direction under this section.
(8)
In this section—
“prescribed” means prescribed by regulations made by the
25
Secretary of State,
“specified” means specified in the direction.
58
Allegations referred to Standards Board
(1)
Where an allegation is referred to the Standards Board for England
under section 57A(2), the Standards Board for England must—
30
(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
allegation, or
(c)
refer the allegation back to the standards committee of the
35
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
notice in writing, to the person who made the allegation, of the decision
and the reasons for the decision.
40
(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.”
144
Information to be provided to Standards Board by relevant authority
45
After section 66A of the Local Government Act 2000 (c. 22) (inserted by section

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
102

153 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,
within such period beginning with the end of each relevant period as
5
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.
(3)
In subsection (1) “the required information” means such information
10
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,
(c)
the exercise during that period of any functions conferred by or
15
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.
(4)
Section 57C(5) (meaning of “received”) applies for the purposes of
20
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
different relevant authorities or different descriptions of relevant
25
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.
(8)
Any direction under this section may be varied or revoked by a
30
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,
(b)
“the Standards Board” means the Standards Board for England.
35
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
40
it relates to the exercise of functions conferred by or under this Part
on—
(a)
the standards committee of the relevant authority, or

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
103

(b)
the monitoring officer of the relevant authority.”
Conduct of local authority members: miscellaneous amendments
145
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
5
must be chaired by a person falling within paragraph (b)”.
146
Sub-committees of standards committees
(1)
In section 54A of the Local Government Act 2000 (sub-committees of standards
committees)—
(a)
in subsection (2) omit the words “55 or”;
10
(b)
in subsection (3) at the end insert “, but this is subject to section
55(7)(b)”;
(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)—
15
(a)
in the sidenote, omit “or sub-committees”;
(b)
omit subsection (3);
(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
20
by a sub-committee of the standards committee of a district council or
unitary county council, the number of members of the sub-committee,”;
(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).”;
25
(f)
in subsection (6), for “the functions” substitute “any function”;
(g)
for subsection (7) substitute—
“(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—
30
(a)
must include at least one member of the standards
committee who falls within section 53(4)(b);
(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
35
(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.”;
40
(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;

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
104

(ii)
in paragraph (b) for “under this section,” substitute “with
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
5
Part is exercisable in relation to the standards committee of a
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.
10
(11B)
Any reference in the following provisions of this Part to the
standards committee of a relevant authority which is a parish
council is to be construed in accordance with subsections (11)
and (11A).”
147
Joint committees of relevant authorities in England
15
After section 56 of the Local Government Act 2000 there is inserted—
“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
20
(b)
arrange for relevant functions to be exercisable by that
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.
25
(3)
The regulations may in particular—
(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
30
applies (with or without modifications)—
(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
35
(iii)
any provision of section 55(4) to (7).
(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.
40
(5)
In this section “enactment” includes any enactment or subordinate
legislation, whenever passed or made.
(6)
Any reference in this section to a relevant authority in England does not
include a parish council.”