Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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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
142

200
References to Adjudication Panel for action in respect of misconduct
After section 66 of the Local Government Act 2000 (c. 22) insert—
“66A
References to Adjudication Panel for action in respect of misconduct
(1)
The provision which may be made by regulations under section 66 by
virtue of subsection (2)(d) of that section also includes provision for or
5
in connection with—
(a)
enabling a standards committee, where it considers that the
action it could take against a person is insufficient, to refer the
case to the president of the Adjudication Panel for England for
a decision by members of that Panel on the action that should be
10
taken against the person,
(b)
the appointment of members of that Panel to deal with such a
reference,
(c)
enabling those members (“the panel”) to decide what action, of
a kind authorised by the regulations, should be taken against
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the person and enabling them to take that action,
(d)
the composition, practice and procedure of the panel (including
provision corresponding to or applying, with or without
modifications, any provision of section 76(6) to (12) and (15)),
(e)
conferring a right of appeal on a person in respect of action
20
taken against him by the panel.
(2)
The kinds of action that may be authorised by virtue of subsection (1)(c)
include any kinds of action that may be authorised in relation to a
tribunal by regulations under section 78A(4) to (6).”
201
Consultation with ombudsmen
25
(1)
Before section 67 of the Local Government Act 2000, insert the following cross-
heading—
“Consultation with ombudsmen”.
(2)
In section 67 of that Act (consultation with ombudsmen), in each of subsections
(2) and (2A)—
30
(a)
after “section 59 of this Act” insert “or regulations under section 66 of
this Act”;
(b)
after “Standards Board for England” insert “or the standards committee
of the relevant authority concerned”;
(c)
for “58” substitute “57A”.
35
202
Interim case tribunals
(1)
Section 78 of the Local Government Act 2000 (decisions of interim case
tribunals) is amended as follows.
(2)
In subsection (1)(b) for “authority concerned” substitute “relevant authority
concerned”.
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Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
143

(3)
For subsections (2) and (3) substitute—
“(2)
If the decision of the interim case tribunal is as mentioned in subsection
(1)(a), the tribunal must give notice of its decision to the standards
committee of the relevant authority concerned.
(3)
If the decision of the interim case tribunal is as mentioned in subsection
5
(1)(b), the tribunal must give notice to the standards committee of the
relevant authority concerned stating that the person concerned is
suspended or partially suspended for the period, and in the way, that
the tribunal has decided.
(3A)
The effect of a notice given under subsection (3) is to suspend or
10
partially suspend the person concerned as mentioned in subsection
(3).”
(4)
In subsection (6) for “under section 79 is given” substitute “is given by virtue
of section 78A or 79”.
(5)
For subsection (8) substitute—
15
“(8)
Where the person concerned is no longer a member or co-opted
member of the relevant authority concerned, but is a member or co-
opted member of another relevant authority—
(a)
the references in subsection (1) to the relevant authority
concerned are to be treated as references to that other authority,
20
(b)
the references in subsections (2) and (7)(b) to the relevant
authority concerned are to be treated as including a reference to
that other relevant authority,
(c)
the duty under subsection (3) to give notice to the standards
committee of the relevant authority concerned is to be treated as
25
a duty—
(i)
to give that notice to the standards committee of that
other relevant authority, and
(ii)
to give a copy of that notice to the standards committee
of the relevant authority concerned.
30
(8A)
Subsection (8) does not apply unless—
(a)
where the relevant authority concerned is in England, the other
relevant authority is also in England,
(b)
where the relevant authority concerned is in Wales, the other
relevant authority is also in Wales.”
35
(6)
After subsection (10) insert—
“(11)
An appeal may not be brought under subsection (10) except with the
leave of the High Court.”
203
Case tribunals: England
After section 78 of the Local Government Act 2000 (c. 22) insert—
40
“78A
Decisions of case tribunals: England
(1)
In this section “English case tribunal” means a case tribunal drawn
from the Adjudication Panel for England.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
144

(2)
An English case tribunal which adjudicates on any matter must decide
whether or not any person to which that matter relates has failed to
comply with the code of conduct of the relevant authority concerned.
(3)
Where an English case tribunal decides that a person has not failed to
comply with the code of conduct of the relevant authority concerned, it
5
must give notice to that effect to the standards committee of the
relevant authority concerned.
(4)
Where an English case tribunal decides that a person has failed to
comply with the code of conduct of the relevant authority concerned, it
may—
10
(a)
take in respect of him any action authorised by regulations
made by the Secretary of State for the purposes of this
subsection, or
(b)
decide to take no action against him.
(5)
Regulations made under subsection (4) may in particular—
15
(a)
enable the tribunal to censure the person,
(b)
enable it to suspend, or partially suspend, the person from
being a member or co-opted member of the relevant authority
concerned for a limited period,
(c)
enable it to disqualify the person, for a period not exceeding five
20
years, for being or becoming (whether by election or otherwise)
a member of that or any other relevant authority.
(6)
The reference in subsection (5)(b) to the relevant authority concerned is
to be read, in relation to a person who is no longer a member or co-
opted member of the relevant authority concerned but is a member or
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co-opted member of another relevant authority in England, as a
reference to that other relevant authority.
(7)
Regulations made by the Secretary of State may require an English case
tribunal to give a notice to the standards committee of the relevant
authority concerned where it decides that a person has failed to comply
30
with the code of conduct of that authority and—
(a)
decides to suspend or partially suspend the person,
(b)
decides to disqualify the person,
(c)
decides to take action against the person other than suspension,
partial suspension or disqualification, or
35
(d)
decides to take no action against him.
(8)
Regulations under subsection (7) may—
(a)
prescribe the content of any notice,
(b)
provide for the effect that any notice is to have,
(c)
provide for provisions of the regulations to have effect with
40
prescribed modifications where the person concerned is no
longer a member or co-opted member of the relevant authority
concerned, but is a member or co-opted member of another
relevant authority in England.
78B
English case tribunal decisions: supplementary
45
(1)
A copy of any notice given under section 78A(3) or under regulations
made under section 78A(7)—
(a)
must be given to the Standards Board for England,

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
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(b)
must be given to any person who is the subject of the decision
to which the notice relates, and
(c)
must be published in one or more newspapers circulating in the
area of the relevant authority concerned.
(2)
Where the person concerned is no longer a member or co-opted
5
member of the relevant authority concerned but is a member or co-
opted member of another relevant authority in England, the following
references to the relevant authority concerned are to be treated as
including references to that other relevant authority—
(a)
the second reference in section 78A(3);
10
(b)
the reference in subsection (1)(c) above.
(3)
Where an English case tribunal adjudicates on any matter, it must take
reasonable steps to give notice of its decision to any person who made
any allegation which gave rise to the adjudication.
(4)
Where an English case tribunal decides under section 78A that a person
15
has failed to comply with the code of conduct of the relevant authority
concerned, that person may appeal to the High Court against that
decision, or any other decision made by the tribunal by virtue of section
78A which relates to him.
(5)
An appeal may not be brought under subsection (4) except with the
20
leave of the High Court.”
204
Case tribunals: Wales
(1)
Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals)
is amended as follows.
(2)
For the sidenote substitute “Decisions of case tribunals: Wales”.
25
(3)
Before subsection (1) insert—
“(A1)
In this section “Welsh case tribunal” means a case tribunal drawn from
the Adjudication Panel for Wales.”
(4)
In subsections (1) to (15) for “case tribunal”, in each place where it occurs,
substitute “Welsh case tribunal”.
30
(5)
In subsection (8)(c) for “must be suspended or partially suspended by the
relevant authority concerned” substitute “is suspended or partially
suspended”.
(6)
For subsection (9) substitute—
“(9)
The effect of a notice given to the standards committee of a relevant
35
authority under subsection (8) is to suspend or partially suspend the
person concerned as mentioned in subsection (8)(c).”
(7)
In subsection (12), for paragraph (a) substitute—
“(a)
must be given to the Public Services Ombudsman for Wales,”.
(8)
In subsection (13)—
40
(a)
for “the same country (that is to say, England or Wales)” substitute
“Wales”;

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
146

(b)
for paragraph (b) substitute—
“(b)
the reference in subsection (4)(a) to the relevant
authority concerned is to be treated as a reference to that
other relevant authority,”.
(9)
After subsection (15) insert—
5
“(16)
An appeal may not be brought under subsection (15) except with the
leave of the High Court.”
205
Exemption from Data Protection Act 1998
In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory
activity), after subsection (6) insert—
10
“(7)
Personal data processed for the purpose of discharging any function
which is conferred by or under Part 3 of the Local Government Act 2000
on—
(a)
the monitoring officer of a relevant authority,
(b)
an ethical standards officer, or
15
(c)
the Public Services Ombudsman for Wales,

are exempt from the subject information provisions in any case to the
extent to which the application of those provisions to the data would be
likely to prejudice the proper discharge of that function.
(8)
In subsection (7)—
20
(a)
“relevant authority” has the meaning given by section 49(6) of
the Local Government Act 2000, and
(b)
any reference to the monitoring officer of a relevant authority,
or to an ethical standards officer, has the same meaning as in
Part 3 of that Act.”
25
206
Supplementary and consequential provision
(1)
Subsection (2) applies in relation to any provision of Part 3 of the Local
Government Act 2000 (c. 22) which is applied (with or without modifications)
by an order under section 70 of that Act made before the passing of this Act.
(2)
Any amendment of that provision by this Part does not extend to the provision
30
as so applied.
(3)
Where a provision mentioned in section 70(2)(a) of that Act is amended by this
Part, the power in section 70(2) of that Act to apply or reproduce that provision
(with or without modifications) is a power to apply or reproduce (with or
without modifications) that provision either as amended by this Part or
35
without the amendments made by this Part.
(4)
In the Local Government Act 1972 (c. 70)—
(a)
in section 85(3A) (vacation of office by failure to attend), for “73, 78”
substitute “66A, 73, 78, 78A”;
(b)
in section 86(1)(b) (declaration of vacancy in office), before “79” insert
40
“66A, 78A or”;
(c)
in section 87(1)(ee) (date of casual vacancies), before “79” insert “66A,
78A or”.
(5)
In section 49(1) of the Audit Commission Act 1998 (c. 18) (restriction on

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 2 — Employees
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disclosure of information), after paragraph (de) insert—
“(df)
for the purposes of the functions of a monitoring officer under
that Part or regulations made under that Part;”.
(6)
In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and
13(2) (failure to attend meetings), for “73, 78” substitute “66A, 73, 78, 78A”.
5
Chapter 2
Employees
207
Politically restricted posts: grant and supervision of exemptions
(1)
In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and
supervision of exemptions from political restriction of posts)—
10
(a)
at the end of the sidenote, insert “: Scotland and Wales”;
(b)
in subsection (1) for the words “It shall be the duty of the Secretary of
State to appoint a person” substitute “It shall be the duty of the Scottish
Ministers to appoint in relation to Scotland, and the duty of the Welsh
Ministers to appoint in relation to Wales, a person”;
15
(c)
omit subsection (8)(a);
(d)
in subsection (8)(b), for “that subsection” substitute “subsection (1)”.
(2)
After that section insert—
“3A
Grant and supervision of exemptions from political restriction:
England
20
(1)
The standards committee of a local authority in England which is a
relevant authority—
(a)
must consider any application for exemption from political
restriction which is made to the committee, in respect of any
post under the relevant authority, by the holder for the time
25
being of that post; and
(b)
may, on the application of any person or otherwise, give
directions to the relevant authority requiring it to include a post
in the list maintained by the authority under section 2(2).
(2)
An application may not be made under subsection (1)(a) unless—
30
(a)
the relevant authority have specified or are proposing to specify
the post in the list maintained by them under section 2(2); and
(b)
in the case of a post within section 2(2)(a) or (b), the relevant
authority have certified whether or not, in their opinion, the
duties of the post fall within section 2(3);
35

and the relevant authority must give a certificate for the purposes of
paragraph (b) above in relation to any post if requested to do so by the
holder of that post.
(3)
If, on an application under subsection (1)(a) in respect of any post, the
standards committee is satisfied that the duties of the post do not fall
40
within section 2(3), the committee must direct—
(a)
that, for so long as the direction has effect in accordance with its
terms, the post is not to be regarded as a politically restricted
post; and

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Chapter 2 — Employees
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(b)
that accordingly the post is not to be specified in the list
maintained by the relevant authority under section 2(2) or (as
the case may be) is to be removed from that list.
(4)
A standards committee may not give a direction under subsection
(1)(b) in respect of any post unless the committee is satisfied that—
5
(a)
the duties of the post fall within section 2(3); and
(b)
the post is neither—
(i)
in any list maintained by the relevant authority in
accordance with section 2(2) above or section 100G(2) of
the Local Government Act 1972; nor
10
(ii)
of a description specified in any regulations under
section 2(2) above.
(5)
A standards committee must when determining for the purposes of
subsection (3) or (4) whether or not the duties of a post fall within
section 2(3) have regard to any general advice given by the Secretary of
15
State under section 3B.
(6)
Every local authority in England which is a relevant authority must—
(a)
give its standards committee all such information as the
committee may reasonably require for the purpose of carrying
out its functions under this section;
20
(b)
comply with any direction under this section with respect to the
list maintained by the authority; and
(c)
on being given a direction under subsection (1)(b), notify the
terms of the direction to the person who holds the post to which
the direction relates.
25
(7)
In carrying out its functions under this section a standards committee
must give priority, according to the time available before the election,
to any application under subsection (1)(a) from a person who certifies
that the application is made for the purpose of enabling him to be a
candidate in a forthcoming election.
30
(8)
The Secretary of State may make regulations requiring a local authority
in England which is not a relevant authority to establish a committee to
exercise the functions conferred by this section on the standards
committee of a local authority in England which is a relevant authority.
(9)
Regulations under subsection (8) may include provision—
35
(a)
applying any provisions of this section (with or without
modification) where a committee has been established under
the regulations;
(b)
applying (with or without modification) any provision of
section 53 of the Local Government Act 2000 or regulations
40
made under subsection (6) of that section.
(10)
In this section—
“standards committee” means a committee established under
section 53(1) of the Local Government Act 2000;
“relevant authority” has the meaning given by section 49(6) of that
45
Act.