{
  "url": "https://openlegislation.uk/local-authorities-code-of-conduct-local-determination-amendment-regulations-2004/regulation-7",
  "json_url": "https://openlegislation.uk/local-authorities-code-of-conduct-local-determination-amendment-regulations-2004/regulation-7.json",
  "legislation": "uksi/2004/2617",
  "legislation_title": "The Local Authorities (Code of Conduct) (Local Determination) (Amendment) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/local-authorities-code-of-conduct-local-determination-amendment-regulations-2004",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "Amendment of regulation 6",
  "text": "In regulation 6 (hearings by standards committees)—\n(a) for paragraph (1) substitute the following paragraph—\n“(1) Where—\n(a) a monitoring officer refers to a standards committee of an authority—\n(i) a report received from an ethical standards officer under section 64(2) or 71(2) of the Act, or\n(ii) a report prepared by the monitoring officer in accordance with regulation 5(7)(b) and which concerns a finding of failure; or\n(b) a standards committee makes a finding of the description in regulation 5(8)(b),\nthe standards committee shall convene to conduct a hearing in relation to the allegation that the member failed to comply with the code of conduct of the authority concerned or, as the case may be, of any other authority concerned.”;\n(b) in paragraph (2), for sub-paragraphs (a) to (c), substitute the following sub-paragraphs—\n“(a) the hearing is conducted having regard to any guidance issued by the Standards Board pursuant to section 57(5) of the Act or pursuant to any order made under section 57(3) of the Act;\n(b) subject to sub-paragraph (c), the hearing is held within the period of three months beginning—\n(i) in the case of a report referred by an ethical standards officer under section 64(2) or 71(2) of the Act, on the date on which the monitoring officer first received that report; or\n(ii) in the case of a report prepared by the monitoring officer under regulation 5(7)(b), on the date on which that report is completed;\n(c) the hearing shall not be held until at least fourteen days after the date on which—\n(i) in the case of a report referred by the ethical standards officer under section 64(2) or 71(2) of the Act, the monitoring officer sent the report to the member who is the subject of the allegation; or\n(ii) in the case of a report prepared by the monitoring officer under regulation 5(7)(b), he sent the report to the member who is the subject of the allegation\nunless, in either case, the member concerned agrees to the hearing being held earlier;”; and\n(c) after paragraph (8) insert the following paragraphs—\n“(9) A standards committee may at any stage prior to the conclusion of the hearing adjourn the hearing and require the monitoring officer to seek further information or undertake further investigation on any point specified by the standards committee; but the standards committee shall not adjourn the hearing on more than one occasion under the provisions of this paragraph.\n(10) A standards committee may at any stage prior to the conclusion of the hearing adjourn the hearing and make a written request to the ethical standards officer concerned that the matter be referred back to the ethical standards officer for him to undertake an investigation; and any such request must set out the committee’s reasons for making it.\n(11) Where a matter is referred to an ethical standards officer under paragraph (10) the ethical standards officer must respond to the request within 21 days of its receipt and may—\n(a) direct that the matter be referred to him for investigation, in which case the standards committee shall cease its consideration of the matter; or\n(b) direct that the standards committee shall continue to deal with the matter in accordance with these Regulations, in which case the standards committee shall do so and shall not make any further request under paragraph (10) in respect of that matter.\n(12) Where an ethical standards officer gives a direction under paragraph (11)(b), the standards committee shall convene to continue its consideration of the matter within three months of the receipt of the ethical standards officer’s direction.” .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/2617/regulation/7",
    "retrieved_at": "2026-10-29T05:17:25.871545+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."
}