# The Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations prescribe the circumstances in which a standards committee may grant dispensations to members and co-opted members of relevant authorities in England, and police authorities in Wales. If a member or co-opted member acts in accordance with the grant of a dispensation, any participation in business prohibited by the mandatory provisions of a model code of conduct issued under section 50(1) of that Act is not a failure to comply with the authority’s code of conduct.
Regulations 1 and 2 make provision on citation, commencement and application, and define terms used in the Regulations.
Regulation 3 sets out the circumstances in which standards committees may grant dispensations. Paragraph (1) specifies that dispensations may only be granted if half the members entitled or required to participate in the business of the authority would not otherwise be able to, or the authority would not able to comply with political balance principles. It specifies further that a member must submit a written request for a dispensation and that the standards committee must conclude that having regard to these matters and all the other circumstances of the case, it is appropriate to grant the dispensation. Paragraph (2) provides that a dispensation cannot be granted in respect of business conducted after four years. It also specifies that the circumstances in which dispensations can be granted do not extend to allowing a member of an overview and scrutiny committee to participate in the scrutiny of the decision of another committee in which he was involved or to allowing an individual to exercise executive functions where he is prohibited by the mandatory provisions from doing so.
Regulation 4 makes provision on keeping records of the dispensations granted.

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Source: https://www.legislation.gov.uk/uksi/2002/339/note (the official version)
Page: https://openlegislation.uk/relevant-authorities-standards-committee-dispensations-regulations-2002/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.