Regulation 17 Consideration of reports by standards committee

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 17(1)(c) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 163(a)
reg. 17(2)(b) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 163(b)
reg. 17(6) substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 163(c)
reg. 17(7) omitted by Transfer of Tribunal Functions 2010 Sch. 3 para. 163(d)
reg. 17 applied (with modifications) by Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) 2009 reg. 5(2)

(1)

Where a monitoring officer refers a report to the standards committee of any authority under regulation 14 or 15, that standards committee shall convene to consider that report and make one of the following findings—

(a)

that it accepts the monitoring officer’s finding of no failure (“a finding of acceptance”); or

(b)

that the matter should be considered at a hearing of the standards committee conducted under regulation 18; or

(c)

that the matter should be referred to the Adjudication Panel for determination.

(2)

A standards committee may only make a finding under sub-paragraph (1)(c) if—

(a)

it has determined that the action it could take against the member would be insufficient were a finding of failure to be made; and

(b)

the president or deputy president of the Adjudication Panel has agreed to accept the referral.

(3)

As soon as reasonably practicable after making a finding of acceptance, the standards committee shall—

(a)

give written notice of that finding to—

(i)

the member who is the subject of the finding of no failure;

(ii)

any ethical standards officer concerned;

(iii)

the standards committee of any other authority concerned;

(iv)

any parish council concerned; and

(v)

the person who made the allegation that gave rise to the investigation; and

(b)

subject to paragraph (4), arrange for a notice to be published stating that the standards committee have found that there has been no failure on the part of the member concerned to comply with the code of conduct of the authority concerned or, as the case may be, with the code of conduct of any other authority concerned.

(4)

The notices referred to in paragraph (3)(b) shall not be published if the member concerned so requests.

(5)

Unless paragraph (4) applies, the notice referred to in paragraph (3)(b) shall be published—

(a)

in at least one newspaper circulating in the area of any authority concerned; and

(b)

if considered appropriate by the standards committee, on the web page of any authority concerned; and

(c)

if considered appropriate by the standards committee, in any other publication.

(6)

A tribunal may be appointed from the members of the Adjudication Panel to deal with a reference under sub-paragraph (1)(c), as if the reference had been made under section 64(3)(b) of the Act and shall have the same powers to take action as in such a case.

(7)

Where a tribunal appointed under paragraph (6) decides that a member has failed to comply with the code of conduct of an authority, the member may appeal to the High Court against that decision, or any other decision made by that tribunal.