Regulation 5 Withdrawal of references by ethical standards officerI1

England and Wales

(1)

F1Subject to any provision in Tribunal Procedure Rules relating to the withdrawal of proceedings, an ethical standards officer who has referred a matter to the F2First-tier Tribunal under section 64(3)(b) or 65(4) of the Act may withdraw that reference if—

(a)

the circumstances are as mentioned in any of sub-paragraphs (a) to (c) of paragraph (2); and

(b)

the requirements of F3paragraph (3) of this regulation are satisfied.

(2)

(a)

A sentence of imprisonment (whether suspended or not) for a period of not less than three months, without the option of a fine, has been passed on the respondent.

(b)

The ethical standards officer is satisfied—

(i)

that the matter is materially less serious than appeared to be the case when it was referred to the F4First-tier Tribunal and that as a consequence is not sufficiently serious to be determined by F5the First-tier Tribunal or a standards committee; or

(ii)

that the pursuit of the matter would not be in the public interest.

(c)

The F6First-tier Tribunal invites the ethical standards officer to withdraw the reference.

(3)

Except in a case where the First-tier Tribunal agrees to dispense with the requirement in this paragraph, the ethical standards officer—

(a)

has given 28 days notice in writing to—

(i)

the person who made the written allegation under section 57A of the Act which gave rise to the investigation;

(ii)

the respondent;

(iii)

the standards committee of any relevant authority concerned; and

(iv)

the monitoring officer of any relevant authority concerned,

that a request is to be made to the F7First-tier Tribunal to withdraw the reference, and

(b)

has considered any representations received from any person in that regard.

F8(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The F9First-tier Tribunal shall give reasons in writing for the giving of an invitation under paragraph (2)(c) F10....

(6)

Where a reference to the president of the Adjudication Panel is withdrawn under this regulation, the ethical standards officer shall give to each person or body to whom notice was given under paragraph (3)(a)—

(a)

written notice of the withdrawal; and

F11(b)

any written reasons given by the First-tier Tribunal in relation to the withdrawal, including any written reasons given under paragraph (5).

Annotations

Textual amendments

F1: Words in reg. 5(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(a)(i)
F2: Words in reg. 5(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(a)(ii)
F3: Words in reg. 5(1)(b) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(a)(iii)
F4: Words in reg. 5(2)(b)(i) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(b)
F5: Words in reg. 5(2)(b)(i) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(c)
F6: Words in reg. 5(2)(c)(3) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(d)
F7: Words in reg. 5(3)(a) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(b)
F8: Reg. 5(4) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(e)
F9: Words in reg. 5(5) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(f)(i)
F10: Words in reg. 5(5) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(f)(ii)
F11: Reg. 5(6)(b) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 175(g)

Commencement

I1: Reg. 5 in force at 12.12.2008, see reg. 1(1)