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Statutory Instruments

2008 No. 1085

Local Government, England And Wales

The Standards Committee (England) Regulations 2008

Made

14th April 2008

Laid before Parliament

17th April 2008

Coming into force

8th May 2008

Contents

Go to Preamble

  1. PART 1

    GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  2. PART 2

    CONSTITUTION AND GENERAL PROCEEDINGS OF STANDARDS COMMITTEEES AND SUB-COMMITTEES

    1. 3.Interpretation of Part 2

    2. 4.Composition of standards committees

    3. 5.Appointments to standards committees

    4. 6.Sub-committees of standards committees

    5. 7.Validity of proceedings

    6. 8.Application of the Local Government Act 1972

  3. PART 3

    PROCEDURES RELATING TO ALLEGATIONS

    1. 9.Interpretation of Part 3

    2. 10.Written allegations

    3. 11.Modification of duty to give written summary to subject of allegation

    4. 12.Application of section 63 of the Local Government Act 2000 with modification

    5. 13.Referral of matters to monitoring officer for steps other than an investigation

    6. 14.Referral of matters to a monitoring officer for investigation

    7. 15.Matters referred to monitoring officer after investigation

    8. 16.References back from monitoring officer

    9. 17.Consideration of reports by standards committee

    10. 18.Hearings by standards committee

    11. 19.Findings of standards committees

    12. 20.Notification of findings of standards committees

    13. 21.Notices of appeals

    14. 22.Conduct of appeals

    15. 23.Composition and procedures of appeal tribunals

    16. 24.Failure of member concerned to attend appeal hearing

    17. 25.Outcome of appeals

  4. PART 4

    AMENDMENTS TO REGULATIONS

  5. SCHEDULE

Go to Explanatory Note

The Secretary of State, in exercise of the powers conferred by sections 53(6) and (12), 54(4), 54A(4), 55(8), 57C(7), 66(1) to (4A), 73(1) and (6) and 105 of the Local Government Act 2000(1), makes the following Regulations:

PART 1 GENERAL

Citation and commencement

1.  These Regulations may be cited as the Standards Committee (England) Regulations 2008 and shall come into force on 8th May 2008.

Interpretation

2.  In these Regulations—

“the Act” means the Local Government Act 2000;

“the 1972 Act” means the Local Government Act 1972(2);

“the 1989 Act” means the Local Government and Housing Act 1989(3);

“Adjudication Panel” means the Adjudication Panel for England constituted under section 75 of the Act;

“ethical standards officer” means an ethical standards officer appointed under section 57(5)(a) of the Act;

“independent member” means a person appointed to a standards committee, or sub-committee of the standards committee, of an authority, who is not a member, or an officer, of that or any other relevant authority;

“member”, in relation to parish councils, includes persons appointed under section 16A of the 1972 Act;

“monitoring officer”, in relation to an authority which is a relevant authority for the purposes of section 5 of the 1989 Act (designation and reports of monitoring officer)(4) means the monitoring officer designated under subsection (1) of that section and includes any person for the time being nominated by the monitoring officer as deputy for the purposes of that section and any person nominated under section 82A(2) or (3) of the Act(5) to perform any function;

“partner” includes a spouse, civil partner or someone a person lives with in a similar capacity;

“relative” means a partner, a parent, a parent of a partner, a son or daughter, a stepson or stepdaughter, the child of a partner, a brother or sister, a brother or sister of a partner, a grandparent, a grandchild, an uncle or aunt, a nephew or niece and the partners of any of the preceding persons;

“responsible authority” means a district council or unitary county council(6) which has functions in relation to parish councils for which it is responsible under section 55(12) of the Act;

“Standards Board” means the Standards Board for England constituted under section 57 of the Act.

(1)

2000 c. 22. Section 54A was inserted into the 2000 Act by section 113(1) of the Local Government Act 2003 (c. 26); section 55 was amended by section 188(2) of the Local Government and Public Involvement in Health Act 2007 (c.28), and section 66 was amended by section 194 of the 2007 Act; section 57C was inserted into the 2000 Act by section 185 of the 2007 Act; section 73(1) and (6) were amended by section 194(8) of the 2007 Act. There are other amendments to section 73 which are not relevant to these Regulations. Back [1]

(2)

1972 c. 70. Back [2]

(4)

As to “relevant authority”, see the definition in section 5(8) of the 1989 Act. That definition was amended by the Local Government Act 2000 (c. 22), Schedule 5, paragraph 24(1) and (7). A relevant amendment to section 5 of the 1989 Act (the insertion of subsection (8A)) was made by paragraph 24(1) and (8) of that Schedule. There are other amendments to section 5 that are not relevant to these Regulations. Back [4]

(5)

Section 82A was inserted by section 113(2) of the Local Government Act 2003 (c. 26). Subsection (1) was amended by section 194(9) of the Local Government and Public Involvement in Health Act 2007 (c. 28). Back [5]

(6)

See section 55(13) of the Act for the definition of “unitary county council”. Back [6]

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