Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 9 — The Commission for Local Administration in England
129

disclosure of information), after subsection (3) insert—
“(3A)
A notice under subsection (3) above may not be given electronically.”
(2)
In section 34 of that Act (interpretation of Part), after subsection (1) insert—
“(1A)
In this Part of this Act, except as otherwise provided, references to
something being done in writing are to it being done in writing whether
5
electronically or otherwise (and references to anything written shall be
interpreted accordingly).”
184
Disqualifications
(1)
Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is
amended as follows.
10
(2)
In paragraph 1(1) (disqualification for being Local Commissioner)—
(a)
in paragraph (a), for “any of the authorities mentioned in section 25(1)
of this Act” substitute “any authority to which Part 3 of this Act
applies”;
(b)
in paragraph (b), omit “or is a member (by co-option) of a committee of
15
any of those authorities”.
(3)
In paragraph 1(2) (restriction on Local Commissioners conducting cases), for
the words from “has been a member of that authority” to the end substitute “—
(a)
has been a member of that authority,
(b)
has taken action on behalf of that authority in the exercise of
20
any of their functions, or
(c)
has taken action which, by virtue of an enactment, is treated
as having been taken by that authority in the exercise of any
of their functions.”
(4)
For paragraph 2 (disqualification of Local Commissioners for appointment to
25
paid office by authority) substitute—
“2A
A Local Commissioner shall be disqualified for being appointed to a
paid office by an authority to which Part 3 of this Act applies—
(a)
while the categories of matter for which the Local
Commissioner has responsibility pursuant to section 23(8A)
30
include—
(i)
matters relating to the authority, or
(ii)
matters of a description which may include matters
relating to the authority, and
(b)
for three years after the Local Commissioner ceases to have
35
responsibility for such matters pursuant to section 23(8A).”
185
Expenses of the Commission
In Schedule 4 to the Local Government Act 1974 (the Commission) for
paragraphs 6 to 8 substitute—
“5A   (1)
The Secretary of State must pay to the Commission in respect of each
40
financial year such amount as he determines to be the amount
required for the discharge during that year of the functions of the
Commission.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
130

      (2)
A determination under sub-paragraph (1) must be approved by the
Treasury.”
186
Delegation
In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the
end insert—
5
“Delegation
13    (1)
Any function of a Commissioner may be discharged on the
Commissioner’s behalf—
(a)
by any person authorised by the Commissioner to do so, and
(b)
to the extent so authorised.
10
      (2)
Sub-paragraph (1) does not affect the responsibility of the
Commissioner for the discharge of the function.”
187
Minor and consequential amendments
Schedule 13 (minor and consequential amendments) has effect.
Part 10
15
Ethical standards
Chapter 1
Conduct of local authority members
Codes of conduct
188
Conduct that may be covered by code
20
(1)
In section 49 of the Local Government Act 2000 (c. 22) (principles governing
conduct of members of relevant authorities), after subsection (2) insert—
“(2A)
The principles which may be specified under subsection (1) or (2)
include principles which are to apply at all times to a person who is a
member or co-opted member.”
25
(2)
In section 50 of that Act (model code of conduct), after subsection (4) insert—
“(4A)
The provisions which may be included in a model code of conduct
include provisions which are to apply at all times to a person who is a
member or co-opted member.”
(3)
In section 51 of that Act (duty of relevant authorities to adopt codes of
30
conduct), after subsection (4) insert—
“(4A)
The provisions which may be included under subsection (4)(c) include
provisions which are to apply at all times to a person who is a member
or co-opted member.”
(4)
In section 52 of that Act (duty to comply with code of conduct), in each of
35
subsections (1) to (4), omit the words “in performing his functions”.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
131

(5)
Subsection (6) below applies where immediately before the commencement
date a person is a member or co-opted member of a relevant authority and not
prevented by any provision of section 52 of that Act from acting as such.
(6)
The coming into force of this section shall not have the effect of preventing the
person from acting as a member or co-opted member of the relevant authority,
5
but—
(a)
he must before the end of the prescribed period give to that authority a
written undertaking that he will observe the authority’s code of
conduct for the time being; and
(b)
if he fails to comply with paragraph (a), he shall cease to be a member
10
or co-opted member at the end of that period.
(7)
With effect from the commencement date—
(a)
any order under section 49 or 50 of the Local Government Act 2000
(c. 22), and
(b)
any code of conduct of a relevant authority,
15

which is in force immediately before that date shall have effect as if the
amendments made by this section had always had effect.
(8)
Subsection (7) does not affect the operation of any order or code in relation to
any time before the commencement date.
(9)
In this section the following expressions have the same meanings as in Part 3
20
of the Local Government Act 2000—
“code of conduct”;
“co-opted member”;
“member of a relevant authority”;
“relevant authority”.
25
(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.
(11)
In this section—
30
“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.
189
Certain references to code of conduct to include default code
35
(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
reference in subsection (1)(c) to the authority’s code of conduct for the
40
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

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
132

(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
5
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
10
the first time are to be read as references to any time after the
coming into force of section 189 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—
15
“(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.”
Conduct of members of authorities in England: assessment of allegations
20
190
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
(1)
A person may make a written allegation to the standards committee of
25
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
(1) it must—
30
(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
(c)
decide that no action should be taken in respect of the
35
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
authority concerned, but
40
(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

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
133

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
5
reasons for the decision.
(5)
Subsections (2) to (4) are subject to any direction under section 57D.
(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
10
sections 57B and 57C 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.
15
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.
(2)
The person who made the allegation may make a request to the
standards committee of the relevant authority concerned for that
20
decision to be reviewed.
(3)
A request under subsection (2)—
(a)
must be in writing, and
(b)
may not be made after 30 days beginning with the date of the
notice under section 57A(4).
25
(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,
and
(b)
it must make a reference under section 57A(2)(a) or (b) or (3), or
30
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)
that no action should be taken in respect of an allegation, this section
does not apply in relation to that decision.
35
(6)
Subsection (4) is subject to any direction under section 57D.
57C
Information to be given to subject of allegation
(1)
Subsections (2) to (4) apply where a person makes an allegation under
section 57A to a standards committee.
(2)
The standards committee must take reasonable steps to give a written
40
summary of the allegation to the person who is the subject of the
allegation (“P”); but this is subject to regulations under subsection (7).
(3)
If the standards committee makes a decision under section 57A(2) that
no action should be taken in respect of the allegation, it must take

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Chapter 1 — Conduct of local authority members
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reasonable steps to give notice in writing to P of the decision and the
reasons for the decision.
(4)
If the standards committee receives a request under section 57B in
relation to the allegation, it must take reasonable steps to give notice in
writing to P of the request.
5
(5)
The reference in subsection (3) to a decision under section 57A(2)
includes a decision under section 57A(2) as applied by section 57B(4) or
58(3).
(6)
Subsections (2) to (4) are subject to any direction under section 57D.
(7)
The Secretary of State may by regulations—
10
(a)
provide that in circumstances prescribed by the regulations the
duty in subsection (2) does not arise at the time the standards
committee receives the allegation, and
(b)
make provision, in relation to cases where that duty has been
prevented by the regulations from arising at that time, as to
15
when it does arise.
57D
Power to suspend standards committee’s functions
(1)
In such circumstances as may be prescribed, the Standards Board for
England may direct that, until such time as the direction may be
revoked by the Standards Board for England—
20
(a)
sections 57A(2) to (4), 57B(4) and 57C(2) to (4) shall not apply to
the standards committee of a specified authority in relation to
relevant allegations and relevant requests, and
(b)
that standards committee must refer any such allegations or
requests to a specified body.
25
(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
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
30
allegation under section 57A which—
(a)
is received after the direction is given, or
(b)
was received before then, but is an allegation in respect of 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
35
under section 57B which—
(a)
is received after the direction is given, or
(b)
was received before then, 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)).
40
(5)
In subsection (3) “received”, in relation to an allegation, means—
(a)
received under section 57A, or
(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—
45

Local Government and Public Involvement in Health Bill
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Chapter 1 — Conduct of local authority members
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(a)
for prescribed provisions of or made under this Part to apply,
with or without modifications, where an allegation or request
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
5
direction under this section is exercisable,
(c)
with respect to the procedure to be followed (including the
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
10
under this section is in force at a time when a Local
Commissioner is of the opinion mentioned there,
(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
15
there.
(7)
The Standards Board for England may issue guidance in connection
with—
(a)
this section or any regulations under this section, or
(b)
any direction under this section.
20
(8)
In this section—
“prescribed” means prescribed by regulations made by the
Secretary of State,
“specified” means specified in the direction.
58
Allegations referred to Standards Board
25
(1)
Where an allegation is referred to the Standards Board for England
under section 57A(2), the Standards Board for England must—
(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
30
allegation, or
(c)
refer the allegation back to the standards committee of the
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
35
notice in writing of the decision and the reasons for the decision to—
(a)
the person who made the allegation, and
(b)
the person who was the subject of the allegation.
(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
40
omitted.
(4)
Subsection (3) is subject to any direction under section 57D.”
191
Information to be provided to Standards Board by relevant authority
After section 66A of the Local Government Act 2000 (c. 22) (inserted by section