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
131

(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
or co-opted member at the end of that period.
5
(7)
With effect from the commencement date—
(a)
any order under section 49(2) or 50(2) of the Local Government Act
2000 (c. 22), and
(b)
any code of conduct of a relevant authority in Wales other than a police
authority,
10

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
15
of the Local Government Act 2000—
“code of conduct”;
“co-opted member”;
“member of a relevant authority”;
“relevant authority”.
20
(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—
25
“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.
183
Certain references to code of conduct to include default code
30
(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
35
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
(4) insert—
40
“(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
conduct for the time being under section 51 include the
45

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

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
the first time are to be read as references to any time after the
5
coming into force of section 183 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—
“(3A)
In relation to a relevant authority whose members and co-opted
10
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
184
Assessment of allegations
15
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
a relevant authority in England that a member or co-opted member (or
20
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—
(a)
refer the allegation to the monitoring officer of the relevant
25
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
allegation.
30
(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
(b)
is a member or co-opted member of another relevant authority
35
in England,

the standards committee may, if it thinks it more appropriate than
referring the allegation to the monitoring officer of the relevant
authority concerned, refer the allegation to the monitoring officer of
that other relevant authority.
40
(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
reasons for the decision.

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

(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
sections 57B and 57C by standards committees of relevant
5
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.
57B
Right to request review of decision not to act
10
(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
decision to be reviewed.
15
(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).
(4)
Where a request under subsection (2) is received by a standards
20
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
a decision under section 57A(2)(c), within 3 months beginning
25
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.
(6)
Subsection (4) is subject to any direction under section 57D.
30
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
summary of the allegation to the person who is the subject of the
35
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
reasonable steps to give notice in writing to P of the decision and the
reasons for the decision.
40
(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.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
134

(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—
5
(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
10
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—
15
(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.
20
(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
25
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
30
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)).
35
(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—
40
(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
45
direction under this section is exercisable,

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
135

(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
under this section is in force at a time when a Local
5
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
there.
10
(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.
(8)
In this section—
15
“prescribed” means prescribed by regulations made by the
Secretary of State,
“specified” means specified in the direction.
58
Allegations referred to Standards Board
(1)
Where an allegation is referred to the Standards Board for England
20
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
allegation, or
25
(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
notice in writing of the decision and the reasons for the decision to—
30
(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
omitted.
35
(4)
Subsection (3) is subject to any direction under section 57D.”
185
Information to be provided to Standards Board by relevant authority
After section 66A of the Local Government Act 2000 (c. 22) (inserted by section
194 of this Act) insert—
“Information to be provided to Standards Board by relevant authority
40
66B
Periodic returns
(1)
A relevant authority in England must send to the Standards Board,
within such period beginning with the end of each relevant period as

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
136

the Standards Board may direct, a return containing the required
information.
(2)
In subsection (1) “relevant period” means such period as the Standards
Board may direct.
(3)
In subsection (1) “the required information” means such information
5
relating to—
(a)
allegations under section 57A received by the standards
committee of the authority during the relevant period,
(b)
requests under section 57B so received,
(c)
the exercise during that period of any functions conferred by or
10
under this Part on the standards committee, or
(d)
the exercise during that period of any functions conferred by or
under this Part on the monitoring officer of the authority,

as the Standards Board may direct.
(4)
Section 57D(5) (meaning of “received”) applies for the purposes of
15
subsection (3)(a).
(5)
A return under subsection (1) must be in such form as the Standards
Board may direct.
(6)
Different directions under this section may be given in relation to
different relevant authorities or different descriptions of relevant
20
authority.
(7)
A direction may specify different periods under subsection (2), and
may make different provision under subsection (1), (3) or (5) in relation
to returns relating to different periods.
(8)
Any direction under this section may be varied or revoked by a
25
subsequent direction of the Standards Board.
(9)
In this section and section 66C—
(a)
references to a relevant authority in England do not include a
parish council,
(b)
“the Standards Board” means the Standards Board for England.
30
66C
Information requests
(1)
If the Standards Board requests a relevant authority in England to
provide information within subsection (2), the authority must comply
with the request by such date as the Standards Board may specify.
(2)
Information is within this subsection if it is specified in the request and
35
it relates to the exercise of functions conferred by or under this Part
on—
(a)
the standards committee of the relevant authority, or
(b)
the monitoring officer of the relevant authority.”