Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill (Volume I)
Part 1 — Local Government
Chapter 5 — Standards
15

(b)
is a member of, and represents the authority on, any joint committee or
joint sub-committee of the authority,

and who is entitled to vote on any question that falls to be decided at any
meeting of that committee or sub-committee.
(3)
The reference in subsection (2) to a joint committee or joint sub-committee of a
5
relevant authority is a reference to a joint committee on which the authority is
represented or a sub-committee of such a committee.
(4)
In this Chapter “relevant authority” means—
(a)
a county council in England,
(b)
a district council,
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(c)
a London borough council,
(d)
a parish council,
(e)
the Greater London Authority,
(f)
the Metropolitan Police Authority,
(g)
the London Fire and Emergency Planning Authority,
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(h)
the Common Council of the City of London in its capacity as a local
authority or police authority,
(i)
the Council of the Isles of Scilly,
(j)
a fire and rescue authority in England constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to which
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section 4 of that Act applies,
(k)
a police authority (in England or in Wales) established under section 3
of the Police Act 1996,
(l)
a joint authority established by Part 4 of the Local Government Act
1985,
25
(m)
an economic prosperity board established under section 88 of the Local
Democracy, Economic Development and Construction Act 2009,
(n)
a combined authority established under section 103 of that Act,
(o)
the Broads Authority, or
(p)
a National Park authority in England established under section 63 of
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the Environment Act 1995.
(5)
Any reference in this Chapter to a member of a relevant authority—
(a)
in the case of a relevant authority to which Part 1A of the Local
Government Act 2000 applies, includes a reference to an elected mayor;
(b)
in the case of the Greater London Authority, is a reference to the Mayor
35
of London or a London Assembly member.
(6)
Functions that are conferred by this Chapter on a relevant authority to which
Part 1A of the Local Government Act 2000 applies are not to be the
responsibility of an executive of the authority under executive arrangements.
(7)
Functions that are conferred by this Chapter on the Greater London Authority
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are to be exercisable by the London Assembly acting on behalf of the
Authority.
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Voluntary codes of conduct
(1)
A relevant authority may adopt a code dealing with the conduct that is
expected of members and co-opted members of the authority when they are
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acting in that capacity (referred to in this section as a “code of conduct”).

Localism Bill (Volume I)
Part 1 — Local Government
Chapter 5 — Standards
16

(2)
A relevant authority may—
(a)
revise its existing code of conduct,
(b)
adopt a code of conduct to replace its existing code of conduct, or
(c)
withdraw its existing code of conduct without replacing it.
(3)
If a written allegation is made to a relevant authority that a member or co-
5
opted member of the authority has failed, or may have failed, to comply with
its code of conduct, it must—
(a)
consider whether it is appropriate to investigate the allegation, and
(b)
if it decides that an investigation is appropriate, investigate the
allegation in such manner as it thinks fit.
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(4)
If a relevant authority finds that a member or co-opted member of the authority
has failed to comply with its code of conduct (whether or not the finding is
made following an investigation under this section) it may have regard to the
failure in deciding—
(a)
whether to take action in relation to the member or co-opted member,
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and
(b)
what action to take.
(5)
A relevant authority may publicise its adoption, revision or withdrawal of a
code of conduct in any manner that it considers appropriate.
(6)
A relevant authority’s function of adopting, revising or withdrawing a code of
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conduct under this section may be discharged only by the authority.
(7)
Accordingly—
(a)
in the case of an authority to whom section 101 of the Local
Government Act 1972 (arrangements for discharge of functions)
applies, the function is not a function to which that section applies;
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(b)
in the case of the Greater London Authority, the function is not a
function to which section 54 of the Greater London Authority Act 1999
(discharge of Assembly functions by committees or single members)
applies.
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Disclosure and registration of members’ interests
30
(1)
The Secretary of State may by regulations make provision for or in connection
with requiring the monitoring officer of a relevant authority to establish and
maintain a register of interests of the members and co-opted members of the
authority.
(2)
Regulations under this section may, in particular, make provision—
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(a)
specifying the financial and other interests that are to be registered in
the register;
(b)
requiring any member or co-opted member of a relevant authority who
has an interest of a specified kind to disclose that interest before taking
part in business of the authority relating to the interest;
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(c)
preventing or restricting the participation of a member or co-opted
member of a relevant authority in any business of the authority to
which an interest disclosed by virtue of paragraph (b) relates;
(d)
for a relevant authority to grant dispensations in specified
circumstances from a prohibition imposed by virtue of paragraph (c);
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Localism Bill (Volume I)
Part 1 — Local Government
Chapter 5 — Standards
17

(e)
about the sanctions that a relevant authority may impose on a member
or co-opted member for failure to comply with regulations under this
section;
(f)
requiring a relevant authority to make copies of the register available to
the public and to inform the public that copies are available.
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(3)
The provision that may be made by virtue of subsection (2)(e) does not include
provision—
(a)
for the suspension or partial suspension of a person from being a
member or co-opted member of the authority, or
(b)
for the disqualification of a person for being or becoming (by election
10
or otherwise) a member or co-opted member of that or any other
relevant authority.
(4)
The reference in subsection (1) to a monitoring officer of a relevant authority
includes, in relation to a relevant authority that is a parish council, such person
as may be specified.
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(5)
In this section “specified” means specified in regulations under this section.
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Offence of breaching regulations under section 17
(1)
A person who is a member or co-opted member of a relevant authority
commits an offence if, without reasonable excuse, the person—
(a)
fails to register a financial or other interest in accordance with
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regulations under section 17,
(b)
fails to disclose an interest of a kind specified in such regulations in
accordance with such regulations before taking part in business of the
authority relating to the interest, or
(c)
takes part in business of the authority to which an interest disclosed by
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virtue of such regulations relates contrary to a prohibition or restriction
imposed by such regulations.
(2)
A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(3)
Where a person is convicted of an offence under this section, the court may by
30
order disqualify the person, for a period not exceeding five years, for being or
becoming (by election or otherwise) a member or co-opted member of the
relevant authority in question or any other relevant authority.
(4)
A prosecution for an offence under this section is not to be instituted except by
or on behalf of the Director of Public Prosecutions.
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(5)
Proceedings for an offence under this section may be brought within a period
of 12 months beginning with the date on which evidence sufficient in the
opinion of the prosecutor to warrant the proceedings came to the prosecutor’s
knowledge.
(6)
But no such proceedings may be brought more than three years—
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(a)
after the commission of the offence, or
(b)
in the case of a continuous contravention, after the last date on which
the offence was committed.
(7)
A certificate signed by the prosecutor and stating the date on which such
evidence came to the prosecutor’s knowledge is conclusive evidence of that
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Localism Bill (Volume I)
Part 1 — Local Government
Chapter 6 — Pay accountability
18

fact; and a certificate to that effect and purporting to be so signed is to be
treated as being so signed unless the contrary is proved.
19
Amendment of section 15 following abolition of police authorities
In section 15(4) (which defines “relevant authority” for the purposes of this
Chapter) omit—
5
(a)
paragraph (f) (the Metropolitan Police Authority), and
(b)
paragraph (k) (police authorities).
20
Transitional provision
(1)
An order under section 206(2) may, in particular, provide for any provision
made by or under Part 3 of the Local Government Act 2000 to have effect with
10
modifications in consequence of any partial commencement of any of the
amendments to, or repeals of, provisions of that Part made by Schedule 4.
(2)
An order under section 206(2) may, in particular, make provision for an
allegation or a case that is being investigated under Part 3 of the Local
Government Act 2000 by the Standards Board for England or an ethical
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standards officer—
(a)
to be referred to an authority of a kind specified in or determined in
accordance with the order;
(b)
to be dealt with in accordance with provision made by the order.
(3)
The provision that may be made by virtue of subsection (2)(b) includes—
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(a)
provision corresponding to any provision made by or under Part 3 of
the Local Government Act 2000;
(b)
provision applying any provision made by or under that Part with or
without modifications.
Chapter 6
25
Pay accountability
21
Senior pay policy statements
(1)
A relevant authority must prepare a senior pay policy statement for the
financial year 2012-2013 and each subsequent financial year.
(2)
A senior pay policy statement for a financial year must set out the authority’s
30
policies for the financial year relating to the remuneration of its chief officers.
(3)
The statement must include the authority’s policies relating to—
(a)
the level and elements of remuneration for each chief officer,
(b)
remuneration of chief officers on recruitment,
(c)
increases and additions to remuneration for each chief officer,
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(d)
the use of performance related pay for chief officers,
(e)
the use of bonuses for chief officers,
(f)
the approach to the payment of chief officers on their ceasing to hold
office under or to be employed by the authority, and
(g)
the publication of and access to information relating to remuneration of
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chief officers.

Localism Bill (Volume I)
Part 1 — Local Government
Chapter 6 — Pay accountability
19

(4)
A senior pay policy statement for a financial year may also set out the
authority’s policies for the financial year relating to the other terms and
conditions applying to the authority’s chief officers.
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Supplementary provisions relating to statements
(1)
A relevant authority’s senior pay policy statement must be approved by a
5
resolution of the authority before it comes into force.
(2)
The first statement must be prepared and approved before the end of 31st
March 2012.
(3)
Each subsequent statement must be prepared and approved before the end of
the 31st March immediately preceding the financial year to which it relates.
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(4)
A relevant authority may by resolution amend its senior pay policy statement
(including after the beginning of the financial year to which it relates).
(5)
As soon as is reasonably practicable after approving or amending a senior pay
policy statement, the authority must publish the statement or the amended
statement in such manner as it thinks fit (which must include publication on
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the authority’s website).
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Guidance
(1)
A relevant authority in England must, in performing its functions under
section 21 or 22, have regard to any guidance issued or approved by the
Secretary of State.
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(2)
A relevant authority in Wales must, in performing its functions under section
21 or 22, have regard to any guidance issued or approved by the Welsh
Ministers.
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Determinations relating to remuneration etc
(1)
This section applies to a determination that—
25
(a)
is made by a relevant authority in a financial year beginning on or after
1st April 2012 and
(b)
relates to the remuneration of or other terms and conditions applying
to a chief officer of the authority.
(2)
The relevant authority must comply with its senior pay policy statement for the
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financial year in making the determination.
(3)
Any power of a fire and rescue authority within section 26(1)(i) to appoint
officers and employees is subject to the requirement in subsection (2).
(4)
In section 112 of the Local Government Act 1972 (appointment of staff) after
subsection (2) insert—
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“(2A)
A local authority’s power to appoint officers on such reasonable terms
and conditions as the authority thinks fit is subject to section 24 of the
Localism Act 2011 (requirement for determinations relating to terms
and conditions of chief officers to comply with senior pay policy
statement).”
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