OpenLegislation

Regulation 3 Sanctions available to First-tier TribunalF4I1

England and Wales

(1)

If F1the First-tier Tribunal makes a decision under section 78A(4) of the Act in respect of a respondent, other than a decision to take no action, it may, subject to paragraphs (2) and (3), impose any one of, or any combination of, the following sanctions—

(a)

censure of the respondent;

(b)

restriction for a period not exceeding 12 months of the respondent’s access to the premises of, or the respondent’s use of the resources of, the relevant authority concerned, or any relevant authority concerned, provided that any such restriction—

(i)

is reasonable and proportionate to the nature of the failure to comply with the authority’s code of conduct; and

(ii)

does not unduly restrict the respondent’s ability to perform the functions of a member;

(c)

partial suspensionf1 of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months;

(d)

suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months;

(e)

a requirement that the respondent submit a written apology in a form specified by F2the First-tier Tribunal;

(f)

a requirement that the respondent undertake such training or participate in such conciliation as the First-tier Tribunal specifies;

(g)

partial suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent submits a written apology in a form specified by the First-tier Tribunal;

(h)

partial suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent has undertaken such training or participated in such conciliation as the First-tier Tribunal specifies;

(i)

suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent has submitted a written apology in a form specified by the First-tier Tribunal;

(j)

suspension of the respondent from the relevant authority concerned, or any relevant authority concerned, for a period not exceeding 12 months or until such time as the respondent has undertaken such training or participated in such conciliation as the First-tier Tribunal specifies; or

(k)

disqualification of the respondent for being, or becoming (whether by election or otherwise) a member of the relevant authority concerned, or any other relevant authority, for a period not exceeding 5 years.

(2)

If F3the First-tier Tribunal imposes a sanction under paragraph (1)(c) or (d) or any of the sub-paragraphs from (g) to (j), the period for which the respondent is suspended or partially suspended must not exceed the remainder of the respondent’s term of office.

(3)

If the First-tier Tribunal makes a decision under section 78A(4) of the Act, other than a decision to take no action, in respect of a respondent who has ceased to be a member of any relevant authority at the date on which it makes the decision, it may only impose a sanction under either paragraph (1)(a) or (1)(k).

Annotations

Textual amendments

F1

Words in reg. 3(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 173(b)(i)

F2

Words in reg. 3(1)(e)-(j) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 173(b)(ii)

F3

Words in reg. 3(2)(3) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 173(c)

F4

Words in reg. 3 heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 173(a)

Commencement

I1

Reg. 3 in force at 12.12.2008, see reg. 1(1)

Footnotes

f1

See section 83(7) of the Local Government Act 2000 (c.22) for the meaning of partial suspension.