Announcement of Turkey Accelerating Completion of Irrigation Systems on June 7, 1984
In this Part “local authority” means—
in relation to England—
a county council,
a district council,
a London borough council,
the Common Council of the City of London in its capacity as a local authority,
the Council of the Isles of Scilly,
in relation to Wales, a county council or a county borough council.
Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects—
the promotion or improvement of the economic well-being of their area,
the promotion or improvement of the social well-being of their area, and
the promotion or improvement of the environmental well-being of their area.
The power under subsection (1) may be exercised in relation to or for the benefit of—
the whole or any part of a local authority’s area, or
all or any persons resident or present in a local authority’s area.
In determining whether or how to exercise the power under subsection (1), a local authority must have regard to their strategy under section 4.
The power under subsection (1) includes power for a local authority to—
incur expenditure,
give financial assistance to any person,
enter into arrangements or agreements with any person,
co-operate with, or facilitate or co-ordinate the activities of, any person,
exercise on behalf of any person any functions of that person, and
provide staff, goods, services or accommodation to any person.
The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
The Secretary of State may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
Before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.
Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Every local authority must prepare a strategy (referred to in this section as a community strategy) for promoting or improving the economic, social and environmental well-being of their area and contributing to the achievement of sustainable development in the United Kingdom.
A local authority may from time to time modify their community strategy.
In preparing or modifying their community strategy, a local authority—
must consult and seek the participation of such persons as they consider appropriate, and
must have regard to any guidance for the time being issued by the Secretary of State.
Before issuing any guidance under this section, the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
If the Secretary of State thinks that an enactment (whenever passed or made) prevents or obstructs local authorities from exercising their power under section 2(1) he may by order amend, repeal, revoke or disapply that enactment.
The power under subsection (1) may be exercised in relation to—
all local authorities,
particular local authorities, or
particular descriptions of local authority.
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
In exercising the power under subsection (1), the Secretary of State—
must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
must not make any provision in relation to legislation made by the National Assembly for Wales without the consent of the Assembly.
The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Subject to subsection (3), the Secretary of State may by order amend, repeal, revoke or disapply any enactment (whenever passed or made) which requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter.
The power under subsection (1) may be exercised in relation to—
all local authorities,
particular local authorities, or
particular descriptions of local authority.
The power under subsection (1) may be exercised in relation to a local authority only if the Secretary of State considers—
that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
that any such enactment should be amended so that it operates more effectively in relation to the authority.
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
In exercising the power under subsection (1), the Secretary of State—
must not make any provision which has effect in relation to Wales unless he has consulted the National Assembly for Wales, and
must not make any provision— without the consent of the Assembly.
in relation to legislation made by the National Assembly for Wales, or
which has effect both in relation to Wales and in relation to any enactment to which section 7(2) applies,
The National Assembly for Wales may submit proposals to the Secretary of State that the power under subsection (1) should be exercised in relation to Wales in accordance with those proposals.
An order under this section which would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument shall proceed in that House as if it were not such an instrument.
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
Subject to subsections (4) and (6), the National Assembly for Wales may by order amend, repeal, revoke or disapply any enactment to which subsection (2) applies so far as that enactment has effect in relation to a local authority in Wales.
This subsection applies to—
section 49(1)(c) of the Environmental Protection Act 1990,
section 2 of the Home Energy Conservation Act 1995,
section 84(2)(b) of the Environment Act 1995,
any other enactment (whenever passed or made) which—
requires a local authority to prepare, produce or publish any plan or strategy relating to any particular matter, and
is specified in an order made by the Secretary of State under this subsection.
The power under subsection (1) may be exercised in relation to—
all local authorities in Wales,
particular local authorities in Wales, or
particular descriptions of local authority in Wales.
The power under subsection (1) may be exercised in relation to a local authority only if the National Assembly for Wales considers—
that it is not appropriate for any such enactment as is mentioned in that subsection to apply to the authority, or
that any such enactment should be amended so that it operates more effectively in relation to the authority.
The power under subsection (1) to amend or disapply an enactment includes a power to amend or disapply an enactment for a particular period.
An order under subsection (2)(d)(ii) which specifies any enactment may provide that the power under subsection (1) may be exercised in relation to that enactment only if the National Assembly for Wales complies with any conditions specified in the order.
In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
In section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), for subsection (9) there is substituted—
Before the Secretary of State makes an order under section 5 or 6 he must consult— as appear to him to be likely to be affected by his proposals.
such local authorities,
such representatives of local government, and
such other persons (if any),
Where those proposals affect any local authorities in Wales, the Secretary of State must also consult the National Assembly for Wales.
If, following consultation under the preceding provisions of this section, the Secretary of State proposes to make an order under section 5 or 6 he must lay before each House of Parliament a document which—
explains his proposals,
sets them out in the form of a draft order,
gives details of consultation under subsection (1), and
where consultation has taken place under subsection (2), sets out the views of the National Assembly for Wales.
Where a document relating to proposals is laid before Parliament under subsection (3), no draft of an order under section 5 or 6 to give effect to the proposals (with or without modifications) is to be laid before Parliament in accordance with section 105(6) until after the expiry of the period of sixty days beginning with the day on which the document was laid.
In calculating the period mentioned in subsection (4) no account is to be taken of any time during which—
Parliament is dissolved or prorogued, or
either House is adjourned for more than four days.
In preparing a draft order under section 5 or 6 the Secretary of State must consider any representations made during the period mentioned in subsection (4).
A draft order under section 5 or 6 which is laid before Parliament in accordance with section 105(6) must be accompanied by a statement of the Secretary of State giving details of—
any representations considered in accordance with subsection (6), and
any changes made to the proposals contained in the document laid before Parliament under subsection (3).
In this Part “executive arrangements” means arrangements by a local authority—
for and in connection with the creation and operation of an executive of the authority, and
under which certain functions of the authority are the responsibility of the executive.
Executive arrangements by a local authority must conform with any provisions made by or under this Part which relate to such arrangements.
The executive of a local authority must take one of the forms specified in subsections (2) to (5).
It may consist of— Such an executive is referred to in this Part as a mayor and cabinet executive.
an elected mayor of the authority, and
two or more councillors of the authority appointed to the executive by the elected mayor.
It may consist of— Such an executive is referred to in this Part as a leader and cabinet executive.
a councillor of the authority (referred to in this Part as the executive leader) elected as leader of the executive by the authority, and
two or more councillors of the authority appointed to the executive by one of the following—
the executive leader, or
the authority.
It may consist of— Such an executive is referred to in this Part as a mayor and council manager executive.
an elected mayor of the authority, and
an officer of the authority (referred to in this Part as the council manager) appointed to the executive by the authority.
It may take any such form as may be prescribed in regulations made by the Secretary of State.
Regulations under subsection (5) may, in particular, provide for—
a form of executive some or all of the members of which are elected by the local government electors for the authority’s area to a specified post in the executive associated with the discharge of particular functions,
a form of executive some or all of the members of which are elected by those electors but not to any such post,
the system of voting that will be used for elections under paragraph (a) or (b).
A local authority executive may not include the chairman or vice-chairman of the authority.
The number of members of a mayor and cabinet executive or a leader and cabinet executive may not exceed 10.
The Secretary of State may by regulations amend subsection (8) so as to provide for a different maximum number of members of an executive to which that subsection applies, but the power under this subsection may not be exercised so as to provide for a maximum number which exceeds 10.
Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of electing a leader under subsection (3)(a) or appointing councillors or an officer to the executive under subsection (3)(b)(ii) or (4)(b).
In deciding whether to make regulations under section 11(5) prescribing a particular form of executive, or which provision to make under section 17 in relation to that form of executive, the Secretary of State must have regard to—
any proposals made to him under subsection (2),
the extent to which he considers that the operation by a local authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way,
the extent to which that form of executive differs from the forms of executive for the time being permitted by or under section 11,
the number and description of authorities for which he considers that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive to consider.
For the purposes of subsection (1), a local authority may propose to the Secretary of State a form of executive in relation to which the authority consider that the conditions mentioned in subsection (3) are satisfied.
Those conditions are—
that the operation by the authority of executive arrangements involving that form of executive would be an improvement on the arrangements which the authority have in place for the discharge of their functions at the time that the proposal is made to the Secretary of State,
that the operation by the authority of executive arrangements involving that form of executive would be likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way, and
that that form of executive, if prescribed in regulations made under section 11(5), would be an appropriate form of executive for all local authorities, or for any particular description of local authority, to consider.
A proposal under subsection (2)—
must describe the form of executive to which it relates,
must describe the provision which the authority consider should be made under section 17 in relation to that form of executive, and
must explain why the authority consider that the conditions mentioned in subsection (3) are satisfied in relation to that form of executive.
This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of a local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.
The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—
to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,
to be a function which may be the responsibility of such an executive under such arrangements, or
to be a function which—
to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—
to be a function which is to be the responsibility of an executive of the authority,
to be a function which is not to be the responsibility of such an executive, or
to be a function which—
to the extent provided by the arrangements is to be the responsibility of such an executive, and
to the extent provided by the arrangements is not to be the responsibility of such an executive.
The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority—
to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and
to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.
The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
Any function which is the responsibility of an executive of a local authority under executive arrangements—
is to be regarded as exercisable by the executive on behalf of the authority, and
may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.
Accordingly any function which is the responsibility of an executive of a local authority under executive arrangements—
may not be discharged by the authority,
is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 20.
Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.
In this section—
“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—
the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
the doing of anything incidental or conducive to the discharge of the function, or
the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
The elected mayor—
may discharge any of those functions, or
may arrange for the discharge of any of those functions—
by the executive,
by another member of the executive,
by a committee of the executive, or
by an officer of the authority.
Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions—
by a committee of the executive, or
by an officer of the authority.
Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the elected mayor otherwise directs, that member may arrange for the discharge of any of those functions by an officer of the authority.
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
Any arrangements made by virtue of this section by an elected mayor, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive are to be discharged in accordance with this section.
The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—
the executive,
any members of the executive,
any committees of the executive, and
any officers of the authority.
If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—
may discharge any of those functions, or
may arrange for the discharge of any of those functions—
by the executive,
by another member of the executive,
by a committee of the executive, or
by an officer of the authority.
Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—
by a committee of the executive, or
by an officer of the authority.
Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.
Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.
Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.
Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.
The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.
Subject to any provision made under section 18, 19 or 20, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
The council manager—
may discharge any of those functions, or
may arrange for the discharge of any of those functions—
by the executive, or
by an officer of the authority.
In deciding— the council manager must have regard to any advice given by the elected mayor.
whether or how to discharge any functions, or
whether to arrange for any functions to be discharged by the executive or an officer of the authority,
Where by virtue of this section any functions may be discharged by the executive of a local authority, the executive may arrange for the discharge of any of those functions by an officer of the authority.
Any arrangements made by virtue of this section by a council manager or executive for the discharge of any functions by an executive or officer are not to prevent the council manager or executive by whom the arrangements are made from exercising those functions.
The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(5) are to be discharged.
The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 14, 15 or 16.
Nothing in subsection (2) affects the generality of the power under subsection (1).
Any provision made by regulations under this section is subject to any provision made under section 18, 19 or 20.
The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
In this section—
“executive arrangements” has the meaning given by section 10,
in relation to England, a county council, a district council or a London borough council, and
in relation to Wales, a county council or a county borough council,
“specified” means specified in regulations under this section.
A committee or sub-committee of a local authority satisfies the conditions in this subsection if—
the committee or sub-committee is established to discharge functions in respect of part of the area of the authority,
the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part, and
either or both of the conditions in subsection (5) are satisfied in relation to that part.
Those conditions are—
that the area of that part does not exceed two-fifths of the total area of the authority,
that the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.
The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—
by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
The reference in subsection (2) to the functions of a local authority, in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.
Regulations under subsection (1) or (2) may include provision—
requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,
which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,
which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.
The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).
Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
In this section “specified” means specified in regulations under this section.
The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
The provision which may be made under subsection (1) includes provision—
as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
as to the circumstances in which— are both to be parties to the arrangements,
the authority, and
the executive or a committee or specified member of the executive,
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
as to the circumstances in which any functions of the local authority under section 101(2) or 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a committee or specified member of the executive.
Nothing in subsection (2) affects the generality of the power under subsection (1).
In this section “specified” means specified in regulations under this section.
Executive arrangements by a local authority must include provision for the appointment by the authority of one or more committees of the authority (referred to in this Part as overview and scrutiny committees).
Executive arrangements by a local authority must ensure that their overview and scrutiny committee has power (or their overview and scrutiny committees have power between them)—
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive,
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are the responsibility of the executive,
to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive,
to make reports or recommendations to the authority or the executive with respect to the discharge of any functions which are not the responsibility of the executive,
to make reports or recommendations to the authority or the executive on matters which affect the authority’s area or the inhabitants of that area.
The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—
to recommend that the decision be reconsidered by the person who made it, or
to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the authority.
Subject to subsection (5), an overview and scrutiny committee of a local authority may not discharge any functions other than its functions under this section.
If or to the extent that a local authority’s function of conducting best value reviews under section 5 of the Local Government Act 1999 is not the responsibility of an executive of the authority, the authority may arrange for their overview and scrutiny committee (or any of their overview and scrutiny committees) to conduct such a review.
An overview and scrutiny committee of a local authority—
may appoint one or more sub-committees, and
may arrange for the discharge of any of its functions by any such sub-committee.
A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (6)(b).
Executive arrangements by a local authority must include provision which enables—
any member of an overview and scrutiny committee of the authority to ensure that any matter which is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and
any member of a sub-committee of such a committee to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, may not include any member of the authority’s executive.
An overview and scrutiny committee of a local authority, or any sub-committee of such a committee, may include persons who are not members of the authority, but (subject to any provision made by or under paragraphs 7 to 9 of Schedule 1) any such persons are not entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.
An overview and scrutiny committee of a local authority, or a sub-committee of such a committee, is to be treated—
as a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), and
as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
Subsections (2) and (5) of section 102 of the Local Government Act 1972 are to apply to an overview and scrutiny committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
An overview and scrutiny committee of a local authority or a sub-committee of such a committee—
may require members of the executive, and officers of the authority, to attend before it to answer questions, and
may invite other persons to attend meetings of the committee.
It is the duty of any member or officer mentioned in subsection (13)(a) to comply with any requirement so mentioned.
A person is not obliged by subsection (14) to answer any question which he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
Meetings of a local authority executive, or a committee of such an executive, are to be open to the public or held in private.
Subject to regulations under subsection (9), it is for a local authority executive to decide which of its meetings, and which of the meetings of any committee of the executive, are to be open to the public and which of those meetings are to be held in private.
A written record must be kept of prescribed decisions made at meetings of local authorities executives, or committees of such executives, which are held in private.
A written record must be kept of prescribed decisions made by individual members of local authority executives.
Written records under subsection (3) or (4) must include reasons for the decisions to which they relate.
Written records under subsections (3) and (4), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations made by the Secretary of State.
Regulations under subsection (6) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.
The Secretary of State may by regulations make provision—
with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private),
for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private,
for or in connection with requiring written records falling within paragraph (b) to include reasons,
for or in connection with requiring any such written records to be made available to members of the public,
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.
The Secretary of State may by regulations make provision—
as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be open to the public,
as to the circumstances in which meetings mentioned in subsection (2), or particular proceedings at such meetings, must be held in private,
with respect to the information which is to be included in written records kept by virtue of this section,
with respect to the reasons which are to be included in any such written records,
with respect to the persons who are to produce, keep or make available any such written records,
for or in connection with requiring any such written records to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of local authorities or to overview and scrutiny committees or sub-committees,
for or in connection with requiring information to be made available by electronic means,
for or in connection with conferring rights on members of the public, members of local authorities or overview and scrutiny committees or sub-committees in relation to records or documents,
for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section.
The Secretary of State may by regulations make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a local authority executive to be made available to members of the public or members of the authority.
The provision which may be made under subsection (10) includes provision—
requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection,
as to the way or form in which prescribed information is to be made available.
The Secretary of State may by regulations make provision which, in relation to meetings of— applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
local authority executives or committees of such executives, or
joint committees, or sub-committees of such committees, falling within subsection (8)(a),
In this section—
“joint committee” means a joint committee falling within section 101(5)(a) of the Local Government Act 1972,
“prescribed” means prescribed by regulations made by the Secretary of State.
Schedule 1 (which makes further provision in relation to executive arrangements) has effect.
Neither— is to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
a local authority executive, nor
a committee of a local authority executive,
Subject to section 31, every local authority must—
draw up proposals for the operation of executive arrangements, and
send a copy of the proposals to the Secretary of State.
Before drawing up proposals under this section, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
In drawing up proposals under this section, a local authority must decide—
which form the executive is to take, and
the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.
In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
A local authority must comply with any directions given by the Secretary of State for the purposes of this section.
Proposals under this section must include—
such details of the executive arrangements as the Secretary of State may direct,
a timetable with respect to the implementation of the proposals, and
details of any transitional arrangements which are necessary for the implementation of the proposals.
A copy of proposals under this section which is sent to the Secretary of State must be accompanied by a statement which describes—
the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and
the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
The Secretary of State may by order specify a date by which every local authority, or every local authority falling within any description of authority specified in the order, must comply with this section.
Where a local authority’s proposals under section 25 do not involve a form of executive for which a referendum is required, the authority must implement the proposals in accordance with the timetable included in the proposals.
Any reference in this Part to a form of executive for which a referendum is required is a reference to—
a mayor and cabinet executive,
a mayor and council manager executive, or
a form of executive prescribed in regulations under section 11(5) which is expressed in those regulations to be a form of executive for which a referendum is required.
Where a local authority’s proposals under section 25 involve a form of executive for which a referendum is required, the authority—
must hold a referendum on their proposals before taking any steps to implement them, and
must draw up and send to the Secretary of State an outline of the fall-back proposals (referred to in this section as outline fall-back proposals) that they intend to implement if the proposals under section 25 are rejected in a referendum.
Fall-back proposals are proposals—
for the operation of executive arrangements which do not involve a form of executive for which a referendum is required, or
for the operation of alternative arrangements of a particular type permitted by regulations under section 32.
For the purpose of drawing up outline fall-back proposals, a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
Outline fall-back proposals must include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals under section 25 are rejected in a referendum.
A local authority must send a copy of their outline fall-back proposals to the Secretary of State at the same time that a copy of the proposals under section 25 is sent to him.
A local authority may not hold a referendum under this section before the end of the period of two months beginning with the date on which a copy of the proposals under section 25 is sent to the Secretary of State.
If the result of a referendum under subsection (1) is to approve a local authority’s proposals under section 25, the authority must implement the proposals in accordance with the timetable included in the proposals.
If the result of a referendum under subsection (1) is to reject a local authority’s proposals under section 25, the authority—
may not implement those proposals,
must draw up detailed fall-back proposals which are based on the outline fall-back proposals, and
must send a copy of the detailed fall-back proposals to the Secretary of State.
In drawing up outline fall-back proposals or detailed fall-back proposals under this section, a local authority must comply with any directions given by the Secretary of State.
Outline fall-back proposals and detailed fall-back proposals must include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct.
Subsections (2), (3)(b), (4) and (6)(c) of section 25 are to apply to detailed fall-back proposals involving executive arrangements as they apply to proposals under that section.
Subsections (2), (4) and (6)(c) of that section are to apply to detailed fall-back proposals involving alternative arrangements as they apply to proposals under that section.
A local authority must implement detailed fall-back proposals in accordance with the timetable mentioned in subsection (4).
A local authority may apply to the Secretary of State for the approval of outline fall-back proposals involving fall-back proposals which are not permitted by or under this Part but which would be so permitted if the necessary regulations were made under section 11(5) or 32 (as the case may be).
The form and content of an application under subsection (1) must comply with any directions given by the Secretary of State.
Where the Secretary of State approves a local authority’s proposals under subsection (1)—
the authority may use those proposals as their outline fall-back proposals for the purposes of section 27, and
the timetable referred to in section 27(13) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).
A resolution of a local authority is required in order for the authority to operate executive arrangements.
As soon as practicable after passing such a resolution a local authority must—
secure that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at all reasonable hours, and
publish in one or more newspapers circulating in their area a notice which—
states that they have resolved to operate the arrangements,
states the date on which they are to begin operating the arrangements,
describes the main features of the arrangements,
states that copies of a document setting out the provisions of the arrangements are available at their principal office for inspection by members of the public at such times as may be specified in the notice, and
specifies the address of their principal office.
A local authority which pass a resolution under this section may not at any subsequent time cease to operate executive arrangements unless, by virtue of any provision made under section 33(5), the authority operate alternative arrangements in place of the executive arrangements.
The Secretary of State may by regulations make provision for or in connection with the operation by a local authority which are operating executive arrangements (“the existing arrangements”) of executive arrangements (“the different arrangements”) which differ from the existing arrangements in any respect.
The provision which may be made by virtue of subsection (1) includes provision—
which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29,
for or in connection with requiring the consent of an elected mayor under the existing arrangements to the operation of the different arrangements,
with respect to changes to the existing arrangements as a result of changes to the functions which are the responsibility of an executive.
Nothing in subsection (2) affects the generality of the power under subsection (1).
This section applies to—
any local authority which falls within subsection (2), and
any local authority which falls within any description of local authority specified in regulations made by the Secretary of State under this section.
A local authority falls within this subsection if—
it is the council for a district comprised in an area for which there is a county council, and
the resident population of the authority’s area on 30th June 1999 was less than 85,000.
For the purposes of subsection (2)(b) the resident population of any area on 30th June 1999 is to be taken to be the Registrar General’s estimate of that population on that date.
A local authority to which this section applies must either—
draw up proposals for the operation of alternative arrangements of a particular type permitted by regulations under section 32, or
draw up proposals under section 25.
In deciding whether to draw up proposals under this section or proposals under section 25, a local authority to which this section applies must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
In drawing up proposals under this section, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
A local authority which draw up proposals under this section must comply with such requirements as may be specified in regulations made by the Secretary of State under this section.
The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.
Nothing in subsection (8) affects the generality of the power under subsection (7).
The Secretary of State may by regulations specify arrangements by a local authority with respect to the discharge of their functions (referred to in this Part as alternative arrangements) which are arrangements of a type—
which do not involve the creation and operation of an executive of the authority,
which include arrangements for the appointment of committees or sub-committees of the authority to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of the authority, and
which the Secretary of State considers are likely to ensure that decisions of the authority are taken in an efficient, transparent and accountable way.
The arrangements which may be specified by regulations under this section include—
arrangements for the discharge of functions of a local authority by individual members of the authority or by individual members of any committee or sub-committee of the authority,
arrangements for the appointment of committees or sub-committees of a local authority the membership of which is determined otherwise than in accordance with the political balance requirements.
Regulations under this section may make provision with respect to committees or sub-committees falling within subsection (1)(b) (including provision which applies or reproduces (with or without modifications) any provisions of section 21 or paragraphs 7 to 11 of Schedule 1).
Regulations under this section may make provision for the purpose of determining the functions of a local authority which may, may not or must be the subject of alternative arrangements of any particular type.
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
A local authority may not operate alternative arrangements unless permitted or required to do so by virtue of any provision made by or under this Part.
A resolution of a local authority is required in order for the authority to operate alternative arrangements.
Subsection (2) of section 29 is to apply for the purposes of this section as it applies for the purposes of that section.
A local authority which pass a resolution under this section to operate alternative arrangements may not at any subsequent time cease to operate those arrangements unless, by virtue of any provision made under subsection (9) or section 34, 35 or 36, the authority operate executive arrangements in place of those arrangements.
The Secretary of State may by regulations make provision for or in connection with enabling a local authority to which section 31 applies which are operating executive arrangements to operate alternative arrangements in place of the executive arrangements.
The provision which may be made by virtue of subsection (5) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27 or 28.
The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate alternative arrangements which differ from the existing alternative arrangements in any respect.
The provision which may be made by virtue of subsection (7) includes provision which applies or reproduces (with or without modifications) any provisions of section 25 or 26.
The Secretary of State may by regulations make provision for or in connection with enabling a local authority which are operating alternative arrangements to operate executive arrangements in place of the alternative arrangements.
The provision which may be made by virtue of subsection (9) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 26, 27, 28 or 29.
Nothing in subsection (6), (8) or (10) affects the generality of the power under subsection (5), (7) or (9) (as the case may be).
The Secretary of State may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate executive arrangements involving a form of executive for which a referendum is required.
The provision which may be made by regulations under subsection (1) includes provision—
as to the form and content of petitions (including provision for petitions in electronic form),
as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations,
for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority,
as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means),
as to the action which may, may not or must be taken by a local authority in connection with any petition,
as to the manner in which a petition is to be presented to a local authority,
as to the verification of any petition,
as to the date on which, or the time by which, a referendum must be held,
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
as to the action which may, may not or must be taken by a local authority after a referendum, and
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33.
The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times.
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
The Secretary of State may by regulations make provision for or in connection with enabling him, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.
The provision which may be made by regulations under this section includes provision—
as to the date on which, or the time by which, a referendum must be held,
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
as to the action which may, may not or must be taken by a local authority after a referendum, and
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action.
The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33.
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
The Secretary of State may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order.
The provision which may be made by an order under this section includes provision—
as to the date on which, or the time by which, a referendum must be held,
as to the action which may, may not or must be taken by a local authority before or in connection with a referendum,
as to the action which may, may not or must be taken by a local authority after a referendum,
for or in connection with enabling the Secretary of State, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action.
The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33.
Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).
A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains—
such information as the Secretary of State may direct,
a copy of the authority’s standing orders for the time being,
a copy of the authority’s code of conduct for the time being under section 51, and
such other information (if any) as the authority consider appropriate.
A local authority must ensure that copies of their constitution are available at their principal office for inspection by members of the public at all reasonable hours.
A local authority must supply a copy of their constitution to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
A local authority must have regard to any guidance for the time being issued by the Secretary of State for the purposes of this Part.
Guidance under this section may make different provision for different cases or descriptions of local authority.
In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under this Part.
An elected mayor of a local authority in England is to be entitled to the style of “mayor”.
An elected mayor of a local authority in Wales is to be entitled to the style of “mayor” or “maer”.
In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor.
An elected mayor of a local authority is to be treated as a member or councillor of the authority for the purposes of such enactments (whenever passed or made) as may be specified in regulations made by the Secretary of State under this subsection.
Subject to regulations under section 41, the term of office of an elected mayor or elected executive member is to be four years.
If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor.
If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority— a vacancy shall arise in the office of councillor.
is a councillor of the authority, and
was returned as such a councillor at an election held at an earlier time than the mayoral election,
Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority.
A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.
The Secretary of State may by regulations make provision—
as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place,
as to the intervals between elections for the return of elected mayors or elected executive members,
as to the term of office of elected mayors or elected executive members, and
as to the filling of vacancies in the office of elected mayor or elected executive member.
Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes—
one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and
if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates.
The elected mayor is to be returned under the simple majority system, unless there are three or more candidates.
If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.
The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll—
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and
are registered in the register of local government electors at an address within the authority’s area.
A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.
The Secretary of State may by regulations make provision as to—
the conduct of elections for the return of elected mayors or elected executive members, and
the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities.
The provision which may be made under subsection (1)(a) includes, in particular, provision—
about the registration of electors,
for disregarding alterations in a register of electors,
about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses),
for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and
for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors).
Regulations under this section may—
apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections,
modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and
so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors.
No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.
A local authority may not hold more than one referendum in any period of five years.
If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order.
If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order.
The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum—
would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority’s area, and
are registered in the register of local government electors at an address within the authority’s area.
The Secretary of State may by regulations make provision as to the conduct of referendums.
The Secretary of State may by regulations make provision for the combination of polls at referendums with polls at any elections.
Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums.
The provision which may be made under subsection (5) includes, in particular, provision—
as to the question to be asked in a referendum,
as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum),
about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure),
as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum,
as to when, where and how voting in a referendum is to take place,
as to how the votes cast in a referendum are to be counted, and
for disregarding alterations in a register of electors.
In subsections (1), (4) to (6) and (8) “referendum” means a referendum held under section 27 or by virtue of regulations or an order made under any provision of this Part.
Schedule 3, which contains amendments to the Local Government Act 1972, has effect.
The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part.
The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made).
The power under subsection (2) to modify an enactment is a power—
to apply that enactment with or without modifications,
to extend, disapply or amend that enactment, or
to repeal or revoke that enactment with or without savings.
In this Part, unless the context otherwise requires—
“alternative arrangements” has the meaning given by section 32(1),
“council manager” has the meaning given by section 11(4)(b),
“first preference vote” has the meaning given by section 42(1)(a),
Any reference in this Part to the chairman of a local authority—
is a reference to that person whether or not he is entitled to another style, and
in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part I of that Schedule as the mayor of the borough.
Any reference in this Part to the vice-chairman of a local authority—
is a reference to that person whether or not he is entitled to another style, and
in the case of a London borough, is a reference to the person who (disregarding paragraphs 5B to 5I of Schedule 2 to the Local Government Act 1972) is referred to in Part I of that Schedule as the deputy mayor.
Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions.
Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part.
Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements.
Any directions given by the Secretary of State under any provision of this Part—
may be varied or revoked by subsequent directions given by him under that provision, and
may make different provision for different cases, local authorities or descriptions of local authority.
The Secretary of State may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in England and police authorities in Wales.
The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in Wales (other than police authorities).
Before making an order under this section, the Secretary of State must consult—
such representatives of relevant authorities in England as he considers appropriate,
the Audit Commission,
the Commission for Local Administration in England, and
such other persons (if any) as he considers appropriate.
Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—
such representatives of police authorities in Wales as he considers appropriate,
the Commission for Local Administration in Wales, and
the National Assembly for Wales.
Before making an order under this section, the National Assembly for Wales must consult—
such representatives of relevant authorities in Wales as it considers appropriate,
the Audit Commission,
the Commission for Local Administration in Wales, and
such other persons (if any) as it considers appropriate.
In this Part “relevant authority” means—
a county council,
a county borough council,
a district council,
a London borough council,
a parish council,
a community council,
the Greater London Authority,
the Metropolitan Police Authority,
the London Fire and Emergency Planning Authority,
the Common Council of the City of London in its capacity as a local authority or police authority,
the Council of the Isles of Scilly,
a fire authority constituted by a combination scheme under the Fire Services Act 1947,
a police authority,
a joint authority established by Part IV of the Local Government Act 1985,
the Broads Authority, or
a National Park authority established under section 63 of the Environment Act 1995.
In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who— and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.
is a member of any committee or sub-committee of the authority, or
is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
The Secretary of State may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in England and police authorities in Wales (referred to in this Part as a model code of conduct).
The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in Wales other than police authorities (also referred to in this Part as a model code of conduct).
The power under subsection (1) or (2) to issue a model code of conduct includes power to revise any such model code which has been issued.
A model code of conduct—
must be consistent with the principles for the time being specified in an order under section 49(1) or 49(2) (as the case may be),
may include provisions which are mandatory, and
may include provisions which are optional.
Before making an order under this section, the Secretary of State or the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section.
For the purpose of facilitating the making of an order under this section, the Secretary of State may invite such body as he considers appropriate to draw up, and send to him, a proposed model code of conduct or proposed revisions to such a model code.
An invitation under subsection (6)—
must be made in writing,
may be made to more than one body,
may be limited to particular descriptions of authority,
must specify the period within which the proposals are to be drawn up and sent to the Secretary of State,
may require different proposals to be drawn up for different authorities or descriptions of authority, and
may require any body to which the invitation is made to consult such persons as may be specified in the invitation.
It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct).
It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution—
adopting a code of conduct in place of their existing code of conduct under this section, or
revising their existing code of conduct under this section.
A relevant authority may by resolution—
adopt a code of conduct in place of their existing code of conduct under this section, or
revise their existing code of conduct under this section.
A code of conduct or revised code of conduct—
must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority,
may incorporate any optional provisions of that model code, and
may include other provisions which are consistent with that model code.
Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection—
they must comply with that duty as soon as reasonably practicable after the end of that period, and
any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty.
As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must—
ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours,
publish in one or more newspapers circulating in their area a notice which—
states that they have adopted or revised a code of conduct,
states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and
specifies the address of that office, and
send a copy of the code or revised code—
in the case of a relevant authority in England or a police authority in Wales, to the Standards Board for England,
in the case of a relevant authority in Wales, to the Commission for Local Administration in Wales.
Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.
A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate.
A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 applies, is not to be a function to which that section applies).
A person who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—
must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51, and
if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the Local Government Act 1972 may include an undertaking by the declarant that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
Subject to subsection (2), every relevant authority must establish a committee (referred to in this Part as a standards committee) which is to have the functions conferred on it by or under this Part.
Subsection (1) does not apply to a parish council or community council.
The number of members of a standards committee of a relevant authority in England or a police authority in Wales and their term of office are to be fixed by the authority (subject to any provision made by virtue of subsection (6)(a)).
A standards committee of a relevant authority in England or a police authority in Wales must include—
at least two members of the authority, and
at least one person who is not a member, or an officer, of that or any other relevant authority.
A standards committee of a relevant authority in England which are operating executive arrangements—
may not include the elected mayor or executive leader, and
may not be chaired by a member of the executive.
The Secretary of State may by regulations make provision—
as to the size and composition of standards committees of relevant authorities in England and police authorities in Wales,
as to the appointment to such committees of persons falling within subsection (4)(b),
with respect to the access of the public to meetings of such committees,
with respect to the publicity to be given to meetings of such committees,
with respect to the production of agendas for, or records of, meetings of such committees,
with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of such committees,
as to the proceedings and validity of proceedings of such committees.
The Standards Board for England—
may issue guidance with respect to the size and composition of standards committees of relevant authorities in England and police authorities in Wales, and
must send a copy of any such guidance to the Secretary of State.
A member of a standards committee of a relevant authority in England or a police authority in Wales who is not a member of the authority is entitled to vote at meetings of the committee.
A relevant authority in England and a police authority in Wales must send a statement which sets out the terms of reference, or any revised terms of reference, of their standards committee to the Standards Board for England.
A standards committee of a relevant authority in England or a police authority in Wales is not to be regarded as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
The National Assembly for Wales may by regulations make provision—
as to the size and composition of standards committees of relevant authorities in Wales other than police authorities (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority concerned),
as to the term of office of members of any such committees,
as to the persons who may, may not or must chair any such committees,
as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned,
for or in connection with treating any such committees as bodies to which section 15 of the Local Government and Housing Act 1989 does not apply,
with respect to the access of the public to meetings of such committees,
with respect to the publicity to be given to meetings of such committees,
with respect to the production of agendas for, or records of, meetings of such committees,
with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees,
as to the proceedings and validity of proceedings of any such committees,
for or in connection with requiring relevant authorities in Wales (other than police authorities) to send to the Commission for Local Administration in Wales statements which set out the terms of reference of their standards committees.
The provision which may be made by virtue of subsection (6)(c) to (f) or (11)(f) to (i) includes provision which applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972.
The general functions of a standards committee of a relevant authority are—
promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and
assisting members and co-opted members of the authority to observe the authority’s code of conduct.
Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions—
advising the authority on the adoption or revision of a code of conduct,
monitoring the operation of the authority’s code of conduct, and
advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct.
A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate.
The Secretary of State may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in England and police authorities in Wales.
The National Assembly for Wales may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities in Wales (other than police authorities).
The Standards Board for England may issue guidance with respect to the exercise of functions by standards committees of relevant authorities in England and police authorities in Wales.
The National Assembly for Wales may issue guidance with respect to the exercise of functions by standards committees of relevant authorities in Wales (other than police authorities).
A standards committee of a district council is to have the same functions in relation to— as the standards committee has under section 54(1) and (2) in relation to the district council and the members of the district council.
the parish councils for which the district council are the responsible authority, and
the members of those parish councils,
A standards committee of a unitary county council is to have the same functions in relation to— as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.
the parish councils for which the county council are the responsible authority, and
the members of those parish councils,
A standards committee of a district council or unitary county council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a district council or unitary county council must consult the parish councils for which they are the responsible authority.
The number of members of a sub-committee of a standards committee of a district council or unitary county council, and the term of office of those members, are to be fixed by the standards committee after consultation with the parish councils for which the district council or unitary county council are the responsible authority.
Where the standards committee of a district council or unitary county council discharges the functions conferred by this section, the standards committee—
must include at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority, and
must ensure that at least one person falling within paragraph (a) is present at any meeting of the committee when matters relating to those parish councils, or the members of those parish councils, are being considered.
Where a sub-committee of the standards committee of a district council or unitary county council discharges the functions conferred by this section, the sub-committee must include—
at least one member of the standards committee who falls within section 53(4)(b), and
at least one member of any of the parish councils for which the district council or unitary county council are the responsible authority.
Regulations under section 53(6)(a) and (c) to (g) may make provision in relation to sub-committees appointed under this section, and regulations under section 53(6)(b) may make provision as to the appointment of persons falling within subsection (6)(a) or (7)(a) or (b) of this section.
Subsections (7), (8), (9) and (10) of section 53 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
Subsections (4) and (6) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a parish council is to be exercisable by or in relation to— and any reference in the following provisions of this Part to the standards committee of a relevant authority which is a parish council is to be construed accordingly.
the standards committee of the district council or unitary county council which are the responsible authority in relation to the parish council, or
where that standards committee has appointed a sub-committee under this section, that sub-committee;
A district council or unitary county council are the responsible authority—
in relation to a parish council which is not a common parish council, if the parish is situated within the area of the district council or county council,
in relation to a parish council which is a common parish council—
if the parishes in the group are wholly situated within that area, or
where that is not the case, if the greatest number of local government electors for the parishes in the group is situated in that area.
In this section “unitary county council” means the council of a county in England in which there are no district councils.
A standards committee of a county council in Wales is to have the same functions in relation to— as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council.
the community councils which are situated in the area of the county council, and
the members of those community councils,
A standards committee of a county borough council is to have the same functions in relation to— as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council.
the community councils which are situated in the area of the county borough council, and
the members of those community councils,
A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section.
In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area.
Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section.
Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees.
Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to— and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.
the standards committee of the county council or county borough council in whose area the community council is situated, or
where that standards committee has appointed a sub-committee under this section, that sub-committee;
There is to be a body corporate known as the Standards Board for England.
The Standards Board for England is to consist of not less than three members appointed by the Secretary of State.
The Standards Board for England is to have the functions conferred on it by this Part and such other functions as may be conferred on it by order made by the Secretary of State under this subsection.
In exercising its functions the Standards Board for England must have regard to the need to promote and maintain high standards of conduct by members and co-opted members of relevant authorities in England.
The Standards Board for England—
must appoint employees known as ethical standards officers who are to have the functions conferred on them by this Part,
may issue guidance to relevant authorities in England and police authorities in Wales on matters relating to the conduct of members and co-opted members of such authorities,
may issue guidance to relevant authorities in England and police authorities in Wales in relation to the qualifications or experience which monitoring officers should possess, and
may arrange for any such guidance to be made public.
Schedule 4 makes further provision in relation to the Standards Board for England.
A person may make a written allegation to the Standards Board for England that a member or co-opted member (or former member or co-opted member) of a relevant authority in England has failed, or may have failed, to comply with the authority’s code of conduct.
If the Standards Board for England considers that a written allegation under subsection (1) should be investigated, it must refer the case to one of its ethical standards officers.
If the Standards Board for England considers that a written allegation under subsection (1) should not be investigated, it must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.
The functions of ethical standards officers are to investigate—
cases referred to them by the Standards Board for England under section 58(2), and
other cases in which any such officer considers that a member or co-opted member (or former member or co-opted member) of a relevant authority in England has failed, or may have failed, to comply with the authority’s code of conduct and which have come to the attention of any such officer as a result of an investigation under paragraph (a).
The Standards Board for England may make arrangements in relation to the assignment of investigations under this section to particular ethical standards officers.
The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.
Those findings are—
that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,
that no action needs to be taken in respect of the matters which are the subject of the investigation,
that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or
that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for England for adjudication by a tribunal falling within section 76(1).
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly an ethical standards officer who reaches a finding under subsectio(4)(c) must decide to which of those monitoring officers to refer the matters concerned).
An ethical standards officer may arrange for any person to assist him in the conduct of any investigation under section 59.
An ethical standards officer to whom an investigation under section 59 is assigned may—
cease the investigation at any stage before its completion, and
refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, an ethical standards officer may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (2)(b), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.
An ethical standards officer may not at any time conduct an investigation under section 59 in relation to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the ethical standards officer has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
An ethical standards officer who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an investigation under section 59—
must disclose the nature of his interest to the Standards Board for England, and
may not take part in any investigation under that section which relates to that matter.
The validity of any acts of an ethical standards officer are not to be affected by any contravention of subsection (4) or (5) or paragraph 3(2) of Schedule 4 or any breach falling within paragraph 3(3) of that Schedule.
The procedure for conducting an investigation under section 59 is to be such as the ethical standards officer considers appropriate in the circumstances of the case.
Without prejudice to subsection (1), the ethical standards officer must give any person who is the subject of an investigation under section 59 an opportunity to comment on any allegation that he has failed, or may have failed, to comply with the relevant authority concerned’s code of conduct.
An ethical standards officer may, if he thinks fit, pay to persons who attend or furnish information for the purposes of an investigation under section 59— as may be determined by the Secretary of State.
such sums in respect of the expenses properly incurred by them, and
such allowances by way of compensation for the loss of their time,
The carrying out of an investigation under section 59 is not to affect—
any action taken by the relevant authority concerned, or
any power or duty of the relevant authority concerned to take further action with respect to any matters which are the subject of the investigation.
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England, any reference in subsection (4) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
An ethical standards officer, or a person authorised by such an officer, has a right of access at all reasonable times to every document relating to a relevant authority which appears to him necessary for the purpose of conducting an investigation under section 59 in relation to a member or co-opted member (or former member or co-opted member) of the authority.
An ethical standards officer, or a person authorised by such an officer, may—
make such inquiries of any person as he thinks necessary for the purpose of conducting such an investigation,
require any person to give him such information or explanation as he thinks necessary for the purpose of conducting such an investigation, and
if he thinks necessary, require any person to attend before him in person for the purpose of making inquiries of that person or requiring that person to give any information or explanation.
Without prejudice to subsections (1) and (2), a relevant authority must provide an ethical standards officer, or a person authorised by such an officer, with every facility and all information which he may reasonably require for the purposes of conducting an investigation under section 59 in relation to a member or co-opted member (or former member or co-opted member) of the authority.
An ethical standards officer, or a person authorised by such an officer, may under this section require any person—
to furnish information concerning communications between the authority concerned and any Government department, or
to produce any correspondence or other documents forming part of any such communications.
No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, is to apply to the disclosure of information in accordance with subsection (4).
Where subsection (4) applies, the Crown is not to be entitled to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.
Nothing in this section affects—
the restriction, imposed by section 11(2) of the Parliamentary Commissioner Act 1967, on the disclosure of information by the Parliamentary Commissioner or his officers,
the restriction, imposed by section 32(2) of the Local Government Act 1974, on the disclosure of information by any members or officers of the Commission for Local Administration in England or the Commission for Local Administration in Wales, or
the restriction, imposed by section 15 of the Health Service Commissioners Act 1993, on the disclosure of information by the Health Service Commissioner for England or the Health Service Commissioner for Wales, or by their officers.
To assist him in any investigation under section 59, an ethical standards officer may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine with the approval of the Secretary of State.
Subject to subsections (5) and (6), no person may be compelled for the purposes of an investigation under section 59 to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.
A person who without reasonable excuse fails to comply with any requirement under subsection (2) or (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
Information obtained by ethical standards officers under section 61 or 62 must not be disclosed unless one or more of the following conditions is satisfied—
the disclosure is made for the purposes of enabling the Standards Board for England, an ethical standards officer, the Commission for Local Administration in Wales, a Local Commissioner in Wales or the president, deputy president or any tribunal of either of the Adjudication Panels to perform their functions under this Part,
the person to whom the information relates has consented to its disclosure,
the information has previously been disclosed to the public with lawful authority,
the disclosure is for the purposes of criminal proceedings in any part of the United Kingdom and the information in question was not obtained under section 62(2),
the disclosure is made to the Audit Commission for the purposes of any functions of the Audit Commission or an auditor under the Audit Commission Act 1998.
The Secretary of State or a relevant authority in England may give notice in writing to any ethical standards officer with respect to— that, in his or (as the case may be) their opinion, the disclosure of that document or information, or of documents or information of that class, would be contrary to the public interest.
any document or information specified in the notice, or
any class of documents or information so specified,
Where notice is given under subsection (2) to an ethical standards officer, any document or information specified in the notice, or any document or information of a class so specified, may not be disclosed by the ethical standards officer or any other person.
A person who discloses information or a document in contravention of subsection (1) is guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding six months, or
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Where an ethical standards officer determines in relation to any case that a finding under section 59(4)(a) or (b) is appropriate—
he may produce a report on the outcome of his investigation,
he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
Where an ethical standards officer determines in relation to any case that a finding under section 59(4)(c) is appropriate he must—
produce a report on the outcome of his investigation,
subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
Where an ethical standards officer determines in relation to any case that a finding under section 59(4)(d) is appropriate he must—
produce a report on the outcome of his investigation,
refer the matters which are the subject of the investigation to the president of the Adjudication Panel for England for adjudication by a tribunal falling within section 76(1), and
send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for England.
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England—
the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and
an ethical standards officer who reaches a finding under section 59(4)(c) must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.
A report under this section may cover more than one investigation under section 59 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
An ethical standards officer must— of the outcome of the investigation.
inform any person who is the subject of an investigation under section 59, and
take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
Where he considers it necessary in the public interest, an ethical standards officer may, before the completion of an investigation under section 59, produce an interim report on that investigation.
An interim report under this section may cover more than one investigation under section 59 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
Where the prima facie evidence is such that it appears to the ethical standards officer producing the interim report— the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
that the person who is the subject of the report has failed to comply with the code of conduct of the relevant authority concerned,
that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and
that it is in the public interest to suspend or partially suspend that person immediately,
Where an ethical standards officer produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for England for adjudication by a tribunal falling within section 76(2).
A copy of any report under this section must be given—
to any person who is the subject of the report,
to the monitoring officer of the relevant authority concerned, and
to the president of the Adjudication Panel for England.
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority in England—
the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
In this Part “partially suspended” and cognate expressions are to be construed in accordance with section 83(7) and (8).
The Secretary of State may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section 60(2) or 64(2) are to be dealt with.
The provision which may be made by regulations under subsection (1) includes provision for or in connection with—
enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,
enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority in respect of any matters referred to him,
enabling a standards committee of a relevant authority to consider any report or recommendations made to it by a monitoring officer of the authority (including provision with respect to the procedure to be followed by the standards committee),
enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of the authority who is the subject of any such report or recommendation),
the publicity to be given to any such reports, recommendations or action.
The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—
conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,
conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.
The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—
enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member) of the authority,
enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority for a limited period,
conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
An ethical standards officer who refers any matters to the monitoring officer of a relevant authority under section 60(2) or 64(2) may give directions to the monitoring officer as to the way in which those matters are to be dealt with.
If, at any stage in the course of conducting an investigation under section 59, an ethical standards officer forms the opinion that the matters which are the subject of the investigation relate partly to a matter which could be the subject of an investigation under Part III of the Local Government Act 1974, he may consult the appropriate Local Commissioner about the investigation and, if he considers it necessary, inform any person who made the allegation which gave rise to the investigation of the steps necessary to initiate a complaint under Part III of that Act.
If, at any stage in the course of conducting an investigation under Part III of that Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under section 59 of this Act, he may consult the Standards Board for England about the investigation and, if he considers it necessary, inform the person initiating the complaint of the steps necessary to make an allegation under section 58.
Consultation under subsection (1) or (2) may relate to any matter concerned with the investigation, including—
the conduct of the investigation, and
the form, content and publication of any report relating to the investigation.
Nothing in section 32(2) of the Local Government Act 1974 or section 63(1) of this Act shall apply in relation to the disclosure of information in the course of consultation held in accordance with this section.
In this section “Local Commissioner” has the same meaning as in Part III of the Local Government Act 1974.