OpenLegislation

Article J9 Designation and reports of monitoring officer

Original text. Later amendments are not shown.

(1)

It shall be the duty of the Authority—

(a)

to designate one of its officers (to be known as “the monitoring officer”) as the officer responsible for performing the duties imposed by this article, and

(b)

to provide that officer with such staff, accommodation and other resources as are, in his opinion, sufficient to allow those duties to be performed,

and the officer so designated may be the head of the Authority’s paid service or the clerk to the Authority but shall not be its chief finance officer.

(2)

It shall be the duty of the Authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the Authority, by any committee of the Authority or by any person holding any office or employment under the Authority constitutes, has given rise to or is likely to or would give rise to—

(a)

a contravention by the Authority, by any committee of the Authority or by any person holding any office or employment under the Authority of any enactment or rule of law or of any code of practice made or approved by or under any enactment; or

(b)

any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974f1, as applied by Part L below,

to prepare a report to the Authority with respect to that proposal, decision or omission.

(3)

It shall be the duty of the Authority’s monitoring officer—

(a)

in preparing a report under this article to consult so far as practicable with the person who is for the time being designated the head of the Authority’s paid service under article 58 above and with its chief finance officer; and

(b)

as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the Authority.

(4)

It shall be the duty of the Authority—

(a)

to consider any report under this article by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the Authority; and

(b)

without prejudice to any duty imposed by virtue of article F4 above (Authority’s duties as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report; and nothing in article D1 shall apply to the duty imposed by virtue of sub-paragraph (a) above.

(5)

For the purposes of sub-paragraph (b) of paragraph (5) above the implementation of a proposal or decision to which a report under this article relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under sub-paragaph (a) of that paragraph is concluded.

(6)

The duties of the Authority’s monitoring officer under this article shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this article.

(7)

In this article “chief finance officer”, in relation to the Authority, means the officer having responsibility, for the purposes of article Fl, for the administration of the Authority’s financial affairs.

Annotations

Footnotes

f1

1974 c. 7.