| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
(".--(1) Where he considers it necessary in the public interest, a Local Commissioner in Wales may produce an interim report on an investigation conducted by him under section (Investigations by Local Commissioner in Wales).
(2) An interim report under this section may cover more than one investigation under section (Investigations by Local Commissioner in Wales) in relation to any members or co-opted members of the same relevant authority.
(3) Where the prima facie evidence is such that it appears to a Local Commissioner in Wales--
(a) that the person who is the subject of the interim report has failed to comply with the code of conduct of a relevant authority,
(b) that the nature of that failure is such as to be likely to lead to disqualification under section 65(4)(b) or (5)(b), and
(c) that it is in the public interest to suspend that person immediately,
the interim report may include a recommendation that that person should be suspended or partially suspended by the relevant authority concerned from being a member or co-opted member of the authority.
(4) The period of suspension or partial suspension which may be recommended under subsection (3) must not exceed six months or (if shorter) the remainder of the person's term of office.
(5) Where a Local Commissioner in Wales produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 62(2).
(6) A copy of any report under this section must be given--
(a) to any person who is the subject of the report,
(b) to the monitoring officer of the relevant authority concerned, and
(c) to the president of the Adjudication Panel for Wales.").
After Clause 60, insert the following new clause--
(".--(1) The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority--
(a) under section (Investigations: further provisions)(4), or
(b) as a result of a finding under section (Investigations by Local Commissioner in Wales)(3)(c),
are to be dealt with.
(2) The provision which may be made by regulations under subsection (1) includes provision for or in connection with--
(a) enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,
(b) enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority in respect of any matters referred to him,
(c) enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),
(d) enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member of the authority who is the subject of any such report or recommendation).
(3) The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with--
(a) conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,
(b) conferring rights (including the right to make representations) on any member or co-opted member of a relevant authority who is the subject of any such investigation.
(4) The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with--
(a) enabling a standards committee of a relevant authority to censure a member or co-opted member of the authority,
(b) enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority for a limited period,
(c) conferring a right of appeal on a member or co-opted member of a relevant authority in respect of any action taken against him.
(5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
(6) Where a Local Commissioner in Wales refers any matters to the monitoring officer of a relevant authority--
(a) under section (Investigations: further provisions)(4), or
(b) as a result of a finding under section (Investigations by Local Commissioner in Wales)(3)(c),
he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.").
On Question, amendments agreed to.
Clause 61 [Adjudication Panels]:
Lord Whitty moved Amendment No. 92:
The noble Lord said: My Lords, in moving the amendment, I speak also to Amendment No. 157, both of which are technical. It is our policy that a Secretary of State should appoint the members of the adjudication committee and should determine the terms and conditions on which those appointments are made. Members of the adjudication panel will, however, be paid any such remuneration fees or allowances by the standards board because payment is not made directly by the Secretary of State. The amendments help to clarify that so that although it is the Secretary of State who sets the terms and conditions, he is not responsible for payment. I beg to move.
On Question, amendment agreed to.
Page 41, line 17, leave out ("on such terms and conditions as he may determine").
7.30 p.m.
Baroness Farrington of Ribbleton moved Amendments Nos. 93 to 111:
- Page 41, line 22, leave out from ("determine") to end of line 23 and insert--
The noble Baroness said: My Lords, I spoke to these amendments with Amendment No. 43. I beg to move.
On Question, amendments agreed to.
Clause 67 [Disclosure of registration of members' interests etc.]:
("( ) The National Assembly for Wales--
(a) must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and
(b) may appoint one of those members as deputy president of the Panel.").
Page 41, line 34, after second ("president") insert ("(if any)").
Page 41, line 41, after (" 58(3)") insert ("or (Reports)(3)").
Page 42, line 2, after (" 59(5)") and insert ("or (Interim reports)(5)").
Page 42, line 7, at end insert--
("( ) Where there is no deputy president of the Adjudication Panel for Wales, the reference in subsection (3) to the deputy president is to be treated as a reference to such member of the Adjudication Panel for Wales as the National Assembly for Wales may specify.").
Page 42, line 10, at end insert ("or (Reports)(3)").
Page 42, line 13, at end insert ("or (Interim reports)(5)").
Page 42, line 25, after (" 53") insert ("or (Investigations by Local Commissioner in Wales)").
Page 42, line 34, at end insert--
("( ) The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.").
Page 43, line 29, after (" 59(3)") insert ("or (Interim reports)").
Page 44, line 7, at end insert--
("( ) A decision of an interim case tribunal under this section shall not prevent a Local Commissioner in Wales from continuing with the investigation under section (Investigations by Local Commissioner in Wales) which gave rise to the interim report concerned and producing a report under section (Reports), or a further interim report under section (Interim reports), in respect of any matters which are the subject of the investigation.").
Page 44, line 18, after (" 53") insert ("or (Investigations by Local Commissioner in Wales)").
Page 45, line 43, leave out ("Standard Board for Wales") and insert ("Commission for Local Administration in Wales").
Page 46, line 17, leave out ("Standards Board") and insert ("person").
Page 46, line 21, leave out ("Standards Board") and insert ("person").
Page 46, line 27, leave out ("Standards Board") and insert ("person").
Page 46, line 29, leave out ("Board") and insert ("relevant person").
Page 46, line 32, leave out ("Standards Board"") and insert ("person"").
Page 46, line 35, leave out ("the Standards Board for") and insert ("a Local Commissioner in").
Next Section
Back to Table of Contents
Lords Hansard Home Page