{
  "url": "https://openlegislation.uk/local-authorities-case-and-interim-case-tribunals-and-standards-committees-amendment-wales-regulations-2009/note",
  "json_url": "https://openlegislation.uk/local-authorities-case-and-interim-case-tribunals-and-standards-committees-amendment-wales-regulations-2009/note.json",
  "legislation": "wsi/2009/2578",
  "legislation_title": "The Local Authorities (Case and Interim Case Tribunals and Standards Committees) (Amendment) (Wales) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/local-authorities-case-and-interim-case-tribunals-and-standards-committees-amendment-wales-regulations-2009",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations, which apply in relation to Wales, amend the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 (“the Standards Committees Regulations”) and the Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 (“the Case Tribunals Regulations”).\nPart 3 of the Local Government Act 2000 (“the 2000 Act”) makes provision for the adoption by county and county borough councils, community councils, fire and rescue authorities, police authorities and National Park authorities in Wales (“relevant authorities”) of a code of conduct for members and co-opted members and for the investigation by the Public Services Ombudsman for Wales (“the Ombudsman”) of cases in which it is alleged that a member or co-opted member (or former member or co-opted member) of a relevant authority has failed, or may have failed, to comply with the authority’s code of conduct.\nWhere the Ombudsman ceases such an investigation before it is completed (under section 70(4) of the 2000 Act) he or she may refer the matter subject to the investigation to the monitoring officer of the relevant authority. Alternatively, under section 71(2) of the 2000 Act, where the Ombudsman determines after investigating that he or she should refer the matter to the monitoring officer of the relevant authority, he or she must produce a report on the outcome of the investigation and send it to the authority’s monitoring officer and standards committee. Section 73 of the 2000 Act enables the Welsh Ministers to make regulations specifying how such referred matters are to be dealt with by relevant authorities other than police authorities in Wales. The Standards Committees Regulations make provision for the functions of monitoring officers and the determinations of standards committees.\nFollowing an investigation by the Ombudsman, he or she may determine that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1) of the 2000 Act (“a case tribunal”). In certain circumstances the Ombudsman may, before completion of an investigation, produce an interim report and refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2) of the 2000 Act (“an interim case tribunal”). The Case Tribunals Regulations, which were made under section 77(4) and (6) of the 2000 Act, make provision with respect to adjudications by case tribunals and interim case tribunals.\nRegulation 4(2) replaces regulation 8(2) and (3) of the Standards Committees Regulations with new provisions as to the roles of the Ombudsman and monitoring officers at hearings of standards committees.\nOther minor amendments are made to the Standards Committees Regulations.\nRegulation 6(1) omits the definition of “investigating officer” in paragraph 1 of the Schedule to the Case Tribunals Regulations. This is a consequence of the amendment in regulation 6(2).\nRegulation 6(2) replaces paragraph 9 of the Schedule to the Case Tribunals Regulations (attendance of investigating officers) with new provisions as to the role of the Ombudsman at hearings of case tribunals and interim case tribunals.\nRegulation 6(3) amends paragraph 16 of the Schedule to the Case Tribunals Regulations by deleting an unnecessary provision concerning attendance by members of the former Council on Tribunals and by making provision for the representative of a monitoring officer to attend hearings of case tribunals and interim case tribunals.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2009/2578/note",
    "retrieved_at": "2026-10-28T23:55:28.053245+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}