Regulation 16 References back from monitoring officer

(1)

Where a matter is referred to a monitoring officer under section 57A(2)(a) of the Act for investigation, the monitoring officer may, subject to paragraph (4), refer that matter back to the standards committee concerned if—

(a)

as a result of new evidence or information, the monitoring officer is of the opinion that the matter—

(i)

is materially more serious; or

(ii)

materially less serious

than may have seemed apparent to the standards committee when it made its decision under section 57A(2) of the Act, and

(iii)

that the standards committee would have made a different decision had it been aware of that new evidence or information; or

(b)

the person who is the subject of the allegation—

(i)

has died; or

(ii)

is seriously ill; or

(iii)

has resigned from the authority concerned, and

the monitoring officer is of the opinion that in the circumstances it is no longer appropriate to continue with an investigation.

(2)

If a matter is referred back to a standards committee under this regulation, the standards committee shall make a decision under section 57A(2) of the Act as if the matter had been made to it under section 57A(1) of the Act.

(3)

In forming an opinion for the purposes of paragraph (1)(a), a monitoring officer may take account of—

(a)

the failure of any person to co-operate with an investigation; or

(b)

an allegation that the member concerned has engaged in a further breach of the code of conduct of a relevant authority; or

(c)

an allegation that another member has engaged in a related breach of the code of conduct of a relevant authority.

(4)

Where a standards committee considers a matter referred back to it under this regulation, it may direct that the matter should not be referred back a further time.