|
| |
|
| |
(a) | before the definition of “crime and disorder functions” insert— |
| |
““committee system” has the same meaning as in Part |
| |
1A of the Local Government Act 2000 (see section |
| |
| 5 |
(b) | in the definition of “executive arrangements” for the words from the |
| |
second “executive” to the end substitute “— |
| |
“(a) | in relation to England, executive arrangements under |
| |
Part 1A of the Local Government Act 2000, and |
| |
(b) | in relation to Wales, executive arrangements under |
| 10 |
| |
90 | In Schedule 8 (further provision about crime and disorder committees of |
| |
certain local authorities) in paragraph 1(1)— |
| |
(a) | after “authority” insert “— |
| |
| 15 |
(b) | after “Part” insert “1A or”, and |
| |
(c) | after “(c. 22)” insert “, and |
| |
(b) | that has not appointed an overview and scrutiny |
| |
committee under section 9JA of that Act”. |
| |
Local Democracy, Economic Development and Construction Act 2009 (c. 20) |
| 20 |
91 (1) | Sub-paragraph (2) has effect if this paragraph comes into force before the |
| |
coming into force of section 28 (which repeals the provisions about local |
| |
authority petitions in Chapter 2 of Part 1 of the Local Democracy, Economic |
| |
Development and Construction Act 2009). |
| |
(2) | In section 16(5) of the Local Democracy, Economic Development and |
| 25 |
Construction Act 2009 (petitions calling officers to account) for the “and” at |
| |
the end of paragraph (b) substitute— |
| |
“(ba) | if the authority has made the arrangements in section 9HA(2) |
| |
of the Local Government Act 2000 (mayoral management |
| |
arrangements: mayor to be chief executive etc), the |
| 30 |
authority’s elected mayor, and”. |
| |
| |
| |
Conduct of local government members |
| |
| |
Amendments of existing provisions |
| 35 |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
1 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc |
| |
subject to investigation) omit the entry for the Standards Board for England. |
| |
|
| |
|
| |
|
House of Commons Disqualification Act 1975 (c. 24) |
| |
2 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(bodies of which all members are disqualified) omit the entry for the |
| |
Standards Board for England. |
| |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
| 5 |
3 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (bodies of which all members are disqualified) omit the entry for |
| |
the Standards Board for England. |
| |
Race Relations Act 1976 (c. 74) |
| |
4 | In Part 3 of Schedule 1A to the Race Relations Act 1976 (bodies and other |
| 10 |
persons subject to general statutory duty) omit the entry for the Standards |
| |
| |
Local Government and Housing Act 1989 (c. 42) |
| |
5 (1) | Section 3A of the Local Government and Housing Act 1989 (grant and |
| |
supervision of exemptions from political restriction: England) is amended as |
| 15 |
| |
| |
(a) | for “standards committee” substitute “head of paid service”, |
| |
(b) | omit “which is a relevant authority”, |
| |
(c) | in paragraph (a) for “committee” substitute “head of paid service”, |
| 20 |
| |
(d) | in that paragraph and paragraph (b) omit “relevant”. |
| |
(3) | In subsection (2)(a) omit “relevant”. |
| |
| |
(a) | for “standards committee” substitute “head of paid service”, |
| 25 |
(b) | for “committee” substitute “head of paid service”, and |
| |
(c) | in paragraph (b) omit “relevant”. |
| |
| |
(a) | for “standards committee” substitute “local authority’s head of paid |
| |
| 30 |
(b) | for “committee” substitute “head of paid service”, and |
| |
(c) | in paragraph (b)(i) omit “relevant”. |
| |
| |
| |
(a) | omit “which is a relevant authority”, and |
| 35 |
| |
(i) | for “standards committee” substitute “head of paid service”, |
| |
(ii) | for “committee” substitute “head of paid service”, and |
| |
| |
| 40 |
| |
|
| |
|
| |
|
(b) | for “standards committee” substitute “local authority’s head of paid |
| |
| |
(9) | After that subsection insert— |
| |
“(7A) | In carrying out functions under this section a local authority’s head |
| |
of paid service must consult the monitoring officer of that authority |
| 5 |
(unless they are the same person). |
| |
(7B) | The Secretary of State may by regulations make provision about the |
| |
application of this section to a local authority that is not required to |
| |
designate one of its officers as the head of its paid service. |
| |
(7C) | Regulations under subsection (7B) may apply any provisions of this |
| 10 |
section (with or without modifications) to an authority to which they |
| |
| |
(10) | Omit subsections (8) to (10). |
| |
Local Government Act 2000 (c. 22) |
| |
6 | The Local Government Act 2000 is amended as follows. |
| 15 |
7 (1) | Section 49 (principles governing conduct of members of relevant authorities) |
| |
| |
| |
(3) | In subsection (2) omit “in Wales (other than police authorities)”. |
| |
(4) | Omit subsections (2C), (3) and (4). |
| 20 |
(5) | In subsection (5)(a) omit “in Wales”. |
| |
| |
(a) | in paragraph (a) at the end insert “in Wales”, |
| |
(b) | omit paragraphs (c) to (e), |
| |
(c) | omit paragraphs (g) to (k), |
| 25 |
(d) | in paragraph (l) after “authority” insert “in Wales”, |
| |
(e) | omit paragraphs (m) to (o), and |
| |
(f) | in paragraph (p) after “authority” insert “in Wales”. |
| |
8 (1) | Section 50 (model code of conduct) is amended as follows. |
| |
| 30 |
(3) | In subsection (2) omit “in Wales other than police authorities”. |
| |
(4) | In subsection (3) omit “(1) or”. |
| |
(5) | In subsection (4)(a) omit— |
| |
| |
(b) | “(as the case may be)”. |
| 35 |
(6) | Omit subsections (4C) and (4D). |
| |
(7) | In subsection (5) omit “the Secretary of State or”. |
| |
(8) | Omit subsections (6) and (7). |
| |
|
| |
|
| |
|
9 (1) | Section 51 (duty of relevant authorities to adopt codes of conduct) is |
| |
| |
(2) | In subsection (4C) omit the words from “by a” to “police authority”. |
| |
(3) | In subsection (6)(c)— |
| |
(a) | omit sub-paragraph (i), and |
| 5 |
(b) | in sub-paragraph (ii) omit the words from “in the case” to “in |
| |
| |
10 | In section 52(2) of the Local Government Act 2000 (power for prescribed |
| |
form of declaration of acceptance of office to include undertaking to observe |
| |
code of conduct) after “1972” insert “in relation to a relevant authority”. |
| 10 |
11 (1) | Section 53 (standards committees) is amended as follows. |
| |
(2) | In subsection (2) omit “parish council or”. |
| |
(3) | Omit subsections (3) to (10). |
| |
| |
(a) | in paragraph (a) omit “in Wales other than police authorities”, and |
| 15 |
(b) | in paragraph (k) omit “in Wales (other than police authorities)”. |
| |
(5) | In subsection (12) omit “(6)(c) to (f) or”. |
| |
12 (1) | Section 54 (functions of standards committees) is amended as follows. |
| |
| |
(3) | In subsection (5) omit “in Wales (other than police authorities)”. |
| 20 |
| |
(5) | In subsection (7) omit “in Wales (other than police authorities)”. |
| |
13 (1) | Section 54A (sub-committees of standards committees) is amended as |
| |
| |
(2) | In subsection (3) omit “, but this is subject to section 55(7)(b)”. |
| 25 |
| |
(4) | In subsection (5) omit “in Wales other than a police authority”. |
| |
| |
(a) | omit “section 55(5) and to”, and |
| |
(b) | for “53(6)(a) or (11)(a)” substitute “53(11)(a)”. |
| 30 |
14 | Omit section 55 (standards committees for parish councils). |
| |
15 | Omit section 56A (joint committees of relevant authorities in England). |
| |
16 | Omit section 57 (Standards Board for England). |
| |
17 | Omit section 57A (written allegations: right to make, and initial assessment). |
| |
18 | Omit section 57B (right to request review of decision not to act). |
| 35 |
19 | Omit section 57C (information to be given to subject of allegation). |
| |
20 | Omit section 57D (power to suspend standards committee’s functions). |
| |
|
| |
|
| |
|
21 | Omit section 58 (allegations referred to Standards Board). |
| |
22 | Omit section 59 (functions of ethical standards officers). |
| |
23 | Omit section 60 (conduct of investigations). |
| |
24 | Omit section 61 (procedure in respect of investigations). |
| |
25 | Omit section 62 (investigations: further provisions). |
| 5 |
26 | Omit section 63 (restrictions on disclosure of information). |
| |
27 | Omit section 64 (reports etc). |
| |
28 | Omit section 65 (interim reports). |
| |
29 | Omit section 65A (disclosure by monitoring officers of ethical standards |
| |
| 10 |
30 | Omit section 66 (matters referred to monitoring officers). |
| |
31 | Omit section 66A (references to First-tier Tribunal). |
| |
32 | Omit section 66B (periodic returns). |
| |
33 | Omit section 66C (information requests). |
| |
34 | Omit section 67 (consultation with ombudsmen). |
| 15 |
35 | In section 68(2) (guidance by Public Services Ombudsman for Wales)— |
| |
| |
(i) | omit “in Wales (other than police authorities)”, and |
| |
(ii) | for “such” substitute “those”, and |
| |
(b) | in paragraph (b) omit “in Wales (other than police authorities)”. |
| 20 |
36 (1) | Section 69 (investigations by the Public Services Ombudsman for Wales) is |
| |
| |
(2) | In subsection (1) omit “in Wales” in both places. |
| |
(3) | In subsection (5) omit “in Wales”. |
| |
37 (1) | Section 70 (investigations: further provisions) is amended as follows. |
| 25 |
(2) | In subsection (2)(a), after “63” insert “as those sections had effect |
| |
immediately before their repeal by the Localism Act 2011”. |
| |
(3) | In subsection (5) omit “in Wales”. |
| |
38 | In section 71(4) (reports etc) omit “in Wales”. |
| |
39 | In section 72(6) (interim reports) omit “in Wales”. |
| 30 |
40 | In section 73 (matters referred to monitoring officers) omit subsection (6). |
| |
41 | In section 77(7) (offence of failure to comply with regulations about |
| |
adjudications in Wales or equivalent provisions of Tribunal Procedure |
| |
Rules) omit the words from “, or with” to “First-tier Tribunal,”. |
| |
42 (1) | Section 78 (decisions of the First-tier Tribunal or interim case tribunals) is |
| 35 |
| |
(2) | In the heading omit “the First-tier Tribunal or”. |
| |
|
| |
|
| |
|
| |
(a) | omit “the First-tier Tribunal or”, and |
| |
(b) | in paragraph (a) omit “65(3) or”. |
| |
(4) | In subsection (2) for “the tribunal concerned” substitute “the interim case |
| |
| 5 |
(5) | In subsection (3) for “the tribunal concerned” substitute “the interim case |
| |
| |
| |
(7) | In subsection (6) omit “78A or”. |
| |
| 10 |
(a) | omit paragraph (a), and |
| |
(b) | in paragraph (b) omit “where the relevant authority concerned is in |
| |
| |
(9) | In subsection (9) omit— |
| |
(a) | “The First-tier Tribunal or (as the case may be)”, and |
| 15 |
| |
(10) | Omit subsections (9A) to (9D). |
| |
43 | Omit section 78A (decisions of First-tier Tribunal). |
| |
44 | Omit section 78B (section 78A: supplementary). |
| |
45 | In section 79(13) (decisions of case tribunals: Wales) in subsection (13) omit |
| 20 |
| |
46 (1) | Section 80 (recommendations by First-tier Tribunal or case tribunals) is |
| |
| |
(2) | In the heading omit “First-tier Tribunal or”. |
| |
(3) | In subsection (1) omit “the First-tier Tribunal or”. |
| 25 |
(4) | In subsection (2) for “The tribunal concerned” substitute “A case tribunal”. |
| |
(5) | In subsection (3) for “relevant person” substitute “Public Services |
| |
| |
(6) | In subsection (5) for “relevant person” in both places substitute “Public |
| |
Services Ombudsman for Wales”. |
| 30 |
| |
47 (1) | Section 81 (disclosure and registration of members’ interests) is amended as |
| |
| |
(2) | In subsection (5) for “Secretary of State” substitute “Welsh Ministers”. |
| |
| 35 |
(a) | omit paragraph (b), and |
| |
(b) | in paragraph (c) omit “it if is a relevant authority in Wales,”. |
| |
| |
|
| |
|
| |
|
48 (1) | Section 82 (code of conduct for local government employees) is amended as |
| |
| |
| |
(3) | In subsection (2) omit “in Wales (other than police authorities)”. |
| |
(4) | In subsection (3) omit “(1) or”. |
| 5 |
(5) | Omit subsections (4) and (5). |
| |
(6) | In subsection (6)(a)— |
| |
| |
(b) | for “such” substitute “those”. |
| |
(7) | In paragraph (9) omit— |
| 10 |
| |
(b) | in paragraph (b) “in relation to Wales,”. |
| |
49 | In section 82A (monitoring officers: delegation of functions under Part 3), |
| |
omit “57A, 60(2) or (3), 64(2) or (4),”. |
| |
50 (1) | Section 83 (interpretation of Part 3) is amended as follows. |
| 15 |
| |
(a) | omit the definitions of— |
| |
(i) | “the Audit Commission”, |
| |
(ii) | “ethical standards officer”, and |
| |
(iii) | “police authority”, and |
| 20 |
(b) | in the definition of “model code of conduct” omit “(1) and”. |
| |
(3) | Omit subsections (4), (12), (15) and (16). |
| |
51 | In section 105(6) (orders and regulations) omit “, 49, 63(1)(j)”. |
| |
52 | Omit Schedule 4 (Standards Board for England). |
| |
Freedom of Information Act 2000 (c. 36) |
| 25 |
53 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public |
| |
authorities) omit the entry for the Standards Board for England. |
| |
Local Government and Public Involvement in Health Act 2007 |
| |
54 (1) | Section 183 of the Local Government and Public Involvement in Health Act |
| |
2007 (conduct of local authority members: codes of conduct) is amended as |
| 30 |
| |
(2) | In subsection (1) omit the subsections (2A) and (2B) to be inserted into |
| |
section 49 of the Local Government Act 2000. |
| |
(3) | In subsection (2) omit the subsections (4A) and (4B) to be inserted into |
| |
section 50 of the Local Government Act 2000. |
| 35 |
(4) | In subsection (3) omit the subsections (4A) and (4B) to be inserted into |
| |
section 51 of the Local Government Act 2000. |
| |
(5) | In subsection (7)(b) omit “in Wales other than a police authority”. |
| |
|
| |
|