Regulation 7 Findings of standards committees

(1)

Following a hearing held pursuant to regulation 6(1), a standards committee shall make one of the following findings—

(a)

that the member who was the subject of the hearing had not failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned;

(b)

that the member who was the subject of the hearing had failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned but that no action needs to be taken in respect of the matters which were considered by the standards committee; or

(c)

that the member who was the subject of the hearing had failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned and that a sanction under paragraph (2) or (3) should be imposed.

(2)

If a standards committee makes a finding under paragraph (1)(c) in respect of a person who is no longer a member of any authority in respect of which that standards committee exercises any functions under Part III of the Act, it shall censure that person.

(3)

If a standards committee makes a finding under paragraph (1)(c) in respect of a member who is a member of an authority in respect of which that standards committee exercises any functions under Part III of the Act, it shall impose any one of, or any combination of, the following sanctions—

(i)

censure of that member;

(ii)

restriction for a maximum period of three months of that member’s access to the premises of the authority and that member’s use of the resources of the authority, provided that any such restrictions imposed upon the member—

(aa)

are reasonable and proportionate to the nature of the breach; and

(bb)

do not unduly restrict the member’s ability to perform his functions and duties as a member.

(iii)

partial suspension^f1 of that member for a maximum period of three months;

(iv)

partial suspension of that member for a maximum period of three months or until such time as he submits a written apology or undertakes any training or conciliation specified by the standards committee;

(v)

suspension^f2 of that member for a maximum period of three months;

(vi)

suspension of that member for a maximum period of three months or until such time as he submits a written apology or undertakes any training or conciliation specified by the standards committee.

(4)

Subject to paragraph (5), any sanction imposed under this regulation shall commence immediately following its imposition by the standards committee.

(5)

A standards committee may direct that any sanction imposed under paragraphs (3)(ii) to (vi) shall commence on any date within a period of six months after the imposition of that sanction.

Annotations

Footnotes

f1: See section 83(7), (9) and (10) of the Act for the interpretation of partial suspension.
f2: See section 83(9) and (10) of the Act for the interpretation of suspension.