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
137

Conduct of local authority members: miscellaneous amendments
186
Chairmen of standards committees
In section 53(4) of the Local Government Act 2000 (c. 22) (composition of
standards committees), at the end (but not as part of paragraph (b)) insert “and
must be chaired by a person falling within paragraph (b)”.
5
187
Sub-committees of standards committees
(1)
In section 54A of the Local Government Act 2000 (sub-committees of standards
committees)—
(a)
in subsection (2) omit the words “55 or”;
(b)
in subsection (3) at the end insert “, but this is subject to section
10
55(7)(b)”;
(c)
in subsection (6) after “Subject to” insert “section 55(5) and to”.
(2)
In section 55 of that Act (standards committees or sub-committees for parish
councils)—
(a)
in the sidenote, omit “or sub-committees”;
15
(b)
omit subsection (3);
(c)
in subsection (4), for “the functions” substitute “a function”;
(d)
in subsection (5), for the words from the beginning to “county council,”
substitute “Where a function conferred by this section is to be exercised
by a sub-committee of the standards committee of a district council or
20
unitary county council, the number of members of the sub-committee,”;
(e)
after subsection (5) insert—
“(5A)
Subsection (5) is subject to any provision made by regulations
under section 53(6)(a) (as applied by section 54A).”;
(f)
in subsection (6), for “the functions” substitute “any function”;
25
(g)
for subsection (7) substitute—
“(7)
Where a sub-committee of the standards committee of a district
council or unitary county council discharges any function
conferred by this section, the sub-committee—
(a)
must include at least one member of the standards
30
committee who falls within section 53(4)(b);
(b)
must include at least one member of any of the parish
councils for which the district council or unitary county
council are the responsible authority; and
(c)
must ensure that at least one person falling within
35
paragraph (b) is present at any meeting of the sub-
committee when matters relating to those parish
councils, or the members of those parish councils, are
being considered.”;
(h)
in subsection (8), omit the words from the beginning to “section, and”;
40
(i)
omit subsections (9) and (10);
(j)
in subsection (11)—
(i)
omit “or in relation to” in both places where it occurs;
(ii)
in paragraph (b) for “under this section,” substitute “with
responsibility for that function,”;
45
(iii)
omit the words after paragraph (b);

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
138

(k)
after subsection (11) insert—
“(11A)
Any function which by virtue of the following provisions of this
Part is exercisable in relation to the standards committee of a
relevant authority which is a parish council is to be exercisable
in relation to the standards committee of the district council or
5
unitary county council which are the responsible authority in
relation to the parish council.
(11B)
Any reference in the following provisions of this Part to the
standards committee of a relevant authority which is a parish
council is to be construed in accordance with subsections (11)
10
and (11A).”
188
Joint committees of relevant authorities in England
After section 56 of the Local Government Act 2000 there is inserted—
“56A
Joint committees of relevant authorities in England
(1)
The Secretary of State may make regulations under which two or more
15
relevant authorities in England may—
(a)
establish a joint committee of those authorities; and
(b)
arrange for relevant functions to be exercisable by that
committee.
(2)
In this section a “relevant function” means a function conferred by or
20
under this Part or any other enactment on the standards committee of
any (or each) of the relevant authorities.
(3)
The regulations may in particular—
(a)
specify functions in relation to which arrangements may, or
may not, be made;
25
(b)
make provision, in relation to joint committees or sub-
committees of joint committees, which corresponds to or
applies (with or without modifications)—
(i)
any provision of, or that could be made under,
regulations under section 53(6) or 54(4),
30
(ii)
any provision of section 53(3) to (5), (7) to (9), 54(6) or
54A(1), (3) or (6), or
(iii)
any provision of section 55(4) to (7).
(4)
Regulations under this section may modify any provision of this Part,
or any other enactment relating to a standards committee or to any
35
function of a standards committee, in relation to cases where a function
of a standards committee is exercisable by a joint committee.
(5)
In this section “enactment” includes any enactment or subordinate
legislation, whenever passed or made.
(6)
Any reference in this section to a relevant authority in England does not
40
include a parish council.”
189
Standards Board for England: functions
(1)
In section 57(5) of the Local Government Act 2000 (c. 22) (functions of

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
139

Standards Board for England), after paragraph (a) insert—
“(aa)
may issue guidance to ethical standards officers with respect to
the exercise by those officers of their functions,”.
(2)
In Schedule 4 to that Act (further provision about Standards Board), in
paragraph 2(1)—
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(a)
omit the “or” following paragraph (b);
(b)
after paragraph (c) insert—
“(d)
the functions of the standards committee of a relevant
authority in England, or
(e)
the functions of the monitoring officer of a relevant
10
authority in England.”
190
Ethical standards officers: investigations and findings
(1)
In section 59 of the Local Government Act 2000 (functions of ethical standards
officers)—
(a)
in subsection (1)(a) for “58(2)” substitute “58(1)”;
15
(b)
in subsection (4)(a) for “is no evidence of any” substitute “has been no”;
(c)
for subsection (4)(b) substitute—
“(b)
that there has been such a failure to comply but no
action needs to be taken,”.
(2)
In the cross-heading before section 60 of that Act, after “Investigations” insert
20
“by ethical standards officers”.
(3)
In section 62(1) of that Act (ethical standards officer’s right of access to
documents relating to a relevant authority)—
(a)
omit the words “relating to a relevant authority”;
(b)
omit the words from “in relation to” to the end.
25
(4)
In section 63(1) of that Act (restrictions on disclosure of information obtained
by ethical standards officers), after paragraph (f) insert—
“(g)
the disclosure is made for the purposes of enabling the
monitoring officer of a relevant authority to perform functions
conferred on him by or under this Part,
30
(h)
the disclosure is made to the Commission for Local
Administration in England for the purposes of any of its
functions,
(i)
the disclosure is made to the Electoral Commission for the
purposes of any of its functions,
35
(j)
the disclosure is made to any person specified in an order made
by the Secretary of State for the purposes of this paragraph, for
purposes so specified.”
(5)
In section 105(6) of that Act (instruments subject to affirmative procedure) after
“49” insert “, 63(1)(j)”.
40
191
Ethical standards officers: reports etc
(1)
In the cross-heading before section 64 of the Local Government Act 2000, after
“Reports etc” insert “by ethical standards officers”.

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
140

(2)
Section 64 of that Act (reports etc by ethical standards officers) is amended as
mentioned in subsections (3) to (5) below.
(3)
After subsection (3) insert—
“(3A)
Where an ethical standards officer produces a report under subsection
(1) or (3), he may send a copy of it to the standards committee of the
5
relevant authority concerned if he believes that it will assist that
committee in the discharge of its functions under this Part.”
(4)
In subsection (4)(a), for “and (3)(c)” substitute “, (3)(c) and (3A)”.
(5)
After subsection (6) insert—
“(7)
The Secretary of State may by regulations make provision for or in
10
connection with the withdrawal of a reference under subsection (3)(b).”
(6)
Section 65 of that Act (interim reports by ethical standards officers) is amended
as mentioned in subsections (7) to (10) below.
(7)
In subsection (3)(b) for “79(4)(b)” substitute “78A”.
(8)
After subsection (4) insert—
15
“(4A)
The Secretary of State may by regulations make provision for or in
connection with the withdrawal of a reference under subsection (4).”
(9)
After subsection (5) insert—
“(5A)
A copy of any report under this section may be given to the standards
committee of the relevant authority concerned if the ethical standards
20
officer believes that it will assist that committee in the discharge of its
functions under this Part.”
(10)
In subsection (6)(b), for “the reference in subsection (5)(b)” substitute “any
reference in subsection (5)(b) or (5A)”.
192
Disclosure by monitoring officers of ethical standards officers’ reports
25
(1)
After section 65 of the Local Government Act 2000 (c. 22) insert—
“65A
Disclosure by monitoring officers of ethical standards officers’ reports
(1)
Where by virtue of section 64(1)(c) or (d) the monitoring officer of a
relevant authority—
(a)
receives a copy of a report on the outcome of an investigation, or
30
(b)
is informed of the outcome of an investigation,

he may inform any relevant person of the outcome of the investigation.
(2)
Where by virtue of section 64(1)(c) or 65(5) the monitoring officer of a
relevant authority receives a copy of a report, he may send a copy of it
or of any part of it to any relevant person; but this is subject to
35
subsection (3).
(3)
A monitoring officer may exercise a power under subsection (2) only
where he believes that it will assist in promoting high standards of
conduct by the members and co-opted members of the relevant
authority.
40
(4)
In this section “relevant person” means—

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
141

(a)
any member or co-opted member of the relevant authority;
(b)
any officer of that authority;
(c)
where that authority has an executive, any member of the
executive.”
193
Matters referred to monitoring officers
5
(1)
Section 66 of the Local Government Act 2000 (matters referred to monitoring
officers in England) is amended as mentioned in subsections (2) to (7) below.
(2)
In subsection (1), for “60(2) or 64(2)” substitute “57A, 60(2) or (3) or 64(2) or (4)”.
(3)
In subsection (2), after paragraph (e) insert—
“(f)
enabling a monitoring officer of a relevant authority, in such
10
circumstances as may be prescribed by the regulations, to refer
back any matters that were referred to him under section 57A.”
(4)
After subsection (3) insert—
“(3A)
Provision made by virtue of subsection (2)(a) and (3) may make
provision corresponding to or applying, with or without modifications,
15
any provisions of sections 62 and 63 (including sections 62(10) and
63(4)) or section 67(1), (1A) and (3) to (5).
(3B)
The provision which may be made by virtue of subsection (2)(b)
includes provision for or in connection with—
(a)
interim reports;
20
(b)
the disclosure of reports.”
(5)
After subsection (4) insert—
“(4A)
The provision which may be made by virtue of subsection (2)(f)
includes provision applying any provisions of section 57A or 57C, with
or without modifications, where matters have been referred back by the
25
monitoring officer.”
(6)
In subsection (5), for “subsection (2), (3) or (4)” substitute “subsections (2) to
(4A) or section 66A”.
(7)
In subsection (6), for the words from the beginning to “64(2)” substitute “A
person who refers any matters to the monitoring officer of a relevant authority
30
under section 57A, 60(2) or (3) or 64(2) or (4),”.
(8)
In section 73 of that Act (matters referred to monitoring officers in Wales), in
each of subsections (1) and (7), for “70(4) or 71(2)” substitute “70(4) or (5) or
71(2) or (4)”.
(9)
In section 82A(1) of that Act (delegation of functions by monitoring officers),
35
for the words from “60(2)” to “71(2)” substitute “57A, 60(2) or (3), 64(2) or (4),
70(4) or (5) or 71(2) or (4)”.