Regulation 3 Sanctions available to case tribunals

As made

(1)

If a case 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 suspension^f1 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 the case tribunal;

(f)

a requirement that the respondent undertake such training or participate in such conciliation as the case 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 case 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 case 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 case 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 case 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 a case 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 a case 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

Footnotes

f1: See section 83(7) of the Local Government Act 2000 (c.22) for the meaning of partial suspension.