Local Government Act 2000 (c. 22)

(The document as of February, 2008)

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(9) A relevant authority must comply with any notice given to its standards committee under subsection (8).

(10) Where a case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned--

(a) stating that the person has failed to comply with that code of conduct,

(b) specifying the details of that failure, and

(c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided.

(11) The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c).

(12) A copy of any notice under this section--

(a) must be given--

(i) to the Standards Board for England, where the relevant authority concerned is in England,

(ii) to the Commission for Local Administration in Wales, where the relevant authority concerned is in Wales,

(b) must be given to any person who is the subject of the decision to which the notice relates, and

(13) Where the person concerned 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 the same country (that is to say, England or Wales)--

(a) a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority,

(b) the references in subsections (4)(a) and (8)(c) to the relevant authority concerned are to be treated as references to that other relevant authority,

(c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty--

(i) to give that notice to the standards committee of that other relevant authority, and

(ii) to give a copy of that notice to the standards committee of the relevant authority concerned,

(d) the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

(14) A case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the case tribunal under this section.

(15) Where a case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him.

80 Recommendations by case tribunals

(1) A case tribunal which has adjudicated on any matter may make recommendations to a relevant authority about any matters relating to--

(a) the exercise of the authority's functions,

(b) the authority's code of conduct, or

(2) A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant person.

(3) A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the relevant person giving details of what action the authority have taken or are proposing to take as a result of the recommendations.

(4) A relevant authority's function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the [1972 c. 70.] Local Government Act 1972 applies, is not to be a function to which that section applies).

(5) If the relevant person is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the relevant person may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority's reasons for not fully implementing the recommendations.

(6) In this section "the relevant person" means--

(a) the Standards Board for England where the relevant authority concerned is in England,

(b) a Local Commissioner in Wales where the relevant authority concerned is in Wales.

Chapter V Supplementary

Disclosure and registration of members' interests etc.

81 Disclosure and registration of members' interests etc

(1) The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.

(2) The mandatory provisions of the model code applicable to each relevant authority ("the mandatory provisions") must require the members and co-opted members of each authority to register in that authority's register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.

(3) The mandatory provisions must also--

(a) require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,

(b) make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.

(4) Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority's code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority's standards committee in accordance with regulations made under subsection (5).

(5) The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).

(6) A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours.

(7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must--

(a) publish in one or more newspapers circulating in their area a notice which--

(i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and

(ii) specifies the address of that office, and

(b) inform the Standards Board for England that copies of the register are so available.

(8) In its application to standards committees of relevant authorities in Wales (other than police authorities), subsection (5) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

Code of conduct for local government employees

82 Code of conduct for local government employees

(1) The Secretary of State may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in England and police authorities in Wales.

(2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in Wales (other than police authorities).

(3) The power under subsection (1) or (2) to issue a code includes power--

(a) to issue a separate code for council managers (within the meaning of Part II of this Act), and

(b) to revise any code which has been issued.

(4) Before making an order under this section, the Secretary of State must consult--

(a) such representatives of relevant authorities in England, and of employees of such authorities, as he considers appropriate,

(b) the Audit Commission, and

(5) Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult--

(a) such representatives of police authorities in Wales, and of employees of such authorities, as he considers appropriate,

(b) the Commission for Local Administration in Wales, and

(6) Before making an order under this section, the National Assembly for Wales must consult--

(a) such representatives of relevant authorities in Wales, and of employees of such authorities, as it considers appropriate,

(b) the Audit Commission, and

(7) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.

(8) In this section "qualifying employee", in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.

(9) The power to make regulations under subsection (8) is to be exercised--

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the National Assembly for Wales.

Interpretation

83 Interpretation of Part III

(1) In this Part--

"the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales,
"case tribunal" has the meaning given by section 76(1),
"code of conduct" means a code of conduct under section 51,
"co-opted member" has the meaning given by section 49(7),
"elected mayor" and "elected executive member" have the meaning given by section 39(1) and (4),
"ethical standards officer" means a person appointed under section 57(5)(a),
"executive" is to be construed in accordance with section 11,
"executive arrangements" has the meaning given by section 10,
"executive leader" has the meaning given by section 11(3)(a),
"interim case tribunal" has the meaning given by section 76(2),
"Local Commissioner in Wales" has the meaning given by section 68(5),
"model code of conduct" is to be construed in accordance with section 50(1) and (2),
"police authority" means a police authority established under section 3 of the [1996 c. 16.] Police Act 1996,
"the relevant Adjudication Panel" means--
(a)
in relation to matters referred or to be referred by an ethical standards officer, the Adjudication Panel for England,
(b)
in relation to matters referred or to be referred by a Local Commissioner in Wales, the Adjudication Panel for Wales,
"relevant authority" has the meaning given by section 49(6).

(2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.

(3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.

(4) Any reference in this Part to a member of a relevant authority, in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.

(5) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

(6) Any reference in this Part to a failure to comply with a relevant authority's code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).

(7) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.

(8) The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.

(9) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.

(10) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

(11) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified--

(a) for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and

(b) if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.

(12) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which are the responsible authority in relation to the parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.

(13) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.

(14) Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.

(15) Any functions which are conferred on the Greater London Authority by virtue of this Part are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

(16) Subsections (12) and (13) of section 55 are to apply for the purposes of subsection (12) as they apply for the purposes of that section.

Part IV Elections

84 Meaning of "local authority" and "principal council" in Part IV

(1) In relation to England--

"local authority" means a principal council or a parish council,
"principal council" means a county council, a district council or a London borough council.

(2) In relation to Wales--

"local authority" means a principal council or a community council,
"principal council" means a county council or a county borough council.

(3) This section applies for the purposes of this Part.

85 Options for elections

(1) For the purposes of this Part the three options for the scheme for the ordinary elections of councillors of a principal council are those set out in this section.

(2) The first option is for a scheme under which--

(a) the term of office of councillors is four years,

(b) the elections are held in a given year and every fourth year after it,

(d) the councillors retire together.

(3) The second option is for a scheme under which--

(a) the term of office of councillors is four years,

(b) the elections are held in a given year and every second year after it,

(d) one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.

(4) The third option is for a scheme under which--

(a) the term of office of councillors is four years,

(b) the elections are held in a given year and every year after it other than every third year after it,

(d) one third (or as nearly as may be) of the councillors retire in each year in which the elections are held.

86 Power to specify a scheme for elections

(1) The Secretary of State may by order make provision to secure that the scheme for the ordinary elections of councillors of any specified council is the scheme under such of the options set out in section 85 as is specified in the order.

(2) A council is specified if it is--

(a) a principal council (or one of the principal councils) specified by name in the order, or

(b) a principal council falling within any description of principal council specified in the order.

(3) An order may make provision in relation to a council if the scheme specified in the order is different from the scheme which prevails (whether by virtue of an earlier order under this section or otherwise) for the ordinary elections of its councillors.

(4) An order may include provision specifying the years in which the ordinary elections are to be held.

(5) In a case where the specified scheme is that under the second or third option, an order may include provision for identifying which councillors are to retire in a particular year, and such provision may include--

(a) provision for identifying the electoral divisions or wards affected,

(b) provision for identifying the councillors affected within particular electoral divisions or wards.

(6) Provision under subsection (5) may include--

(a) provision allowing the Secretary of State to direct councils to propose methods (complying with any guidance he may issue) for identifying electoral divisions, wards or councillors,

(b) provision allowing him to give directions as to the methods to be adopted (whether those proposed or otherwise).

(7) An order may include provision designed to secure the transition from a prevailing scheme to the one specified in the order, and such provision may include--

(a) provision to secure the retirement of existing councillors at times different from those applying under a prevailing scheme,

(b) in a case where the specified scheme is that under the second or third option, provision for the initial election of all the councillors, for the retirement of some of them before the end of the normal term of four years, and for identifying which of them are so to retire.

87 Power to change years in which elections held

(1) The Secretary of State may by order make provision which changes the years in which the ordinary elections of councillors of any specified local authority are to be held but which does not change the scheme which prevails (whether by virtue of an order under section 86 or otherwise) for the ordinary elections of those councillors.

(2) A local authority is specified if it is--

(a) a local authority (or one of the local authorities) specified by name in the order, or

(b) a local authority falling within any class or description of local authority specified in the order.

(3) An order may include provision to secure the retirement of existing councillors at times different from those at which they would otherwise retire.

88 Separate power to make incidental provisions etc

(1) If the Secretary of State makes an order under section 86 or 87 he may make a separate order containing such incidental, consequential, transitional or supplemental provision as could have been included in the order made under that section.

(2) This applies whether or not the order under section 86 or 87 itself includes incidental, consequential, transitional or supplemental provision.

89 Consequential electoral changes

(1) The [1992 c. 19.] Local Government Act 1992 is amended as mentioned in subsections (2) and (3).

(2) In section 14 (changes that may be recommended), after subsection (7) there is inserted--

" (8) Notwithstanding section 6(2)(a) of the [1992 c. 19.] Local Government Act 1972, the Local Government Commission may recommend under section 13(1) above that an electoral division of a non-metropolitan county should return more than one councillor. "

(3) In section 17 (implementation of recommendations by order), after subsection (6) there is inserted--

" (7) An order under this section may provide for an electoral division of a non-metropolitan county to return more than one councillor; and in such a case section 6(2)(a) of the Local Government Act 1972 shall not apply. "

(4) In section 6(2)(a) of the [1972 c. 70.] Local Government Act 1972 (electoral division of non-metropolitan county to return one councillor) after "Act" insert " and subject to sections 14(8) and 17(7) of the Local Government Act 1992".

Part V Miscellaneous

Surcharge etc.

90 Surcharge etc

(1) The [1998 c. 18.] Audit Commission Act 1998 is amended as follows.

(2) In section 17 (declaration that item of account is unlawful)--

(a) subsection (1)(b),

(b) in subsection (2), the words "subject to subsection (3)" and paragraphs (a) and (b), and

are omitted.

(3) Section 18 (recovery of amount not accounted for etc.) is omitted.

91 Advisory notices

(1) After section 19 of the [1998 c. 18.] Audit Commission Act 1998 there is inserted--

" 19A Other bodies: advisory notices

(1) The auditor for the time being of the accounts of a body subject to audit other than a health service body may issue a notice under this section ("an advisory notice") if he has reason to believe that the body or an officer of the body--

(a) is about to make or has made a decision which involves or would involve the body incurring expenditure which is unlawful,

(b) is about to take or has begun to take a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency, or

(2) For the purposes of this section and section 19B the actions of--

(a) a committee or sub-committee of a body, or

(b) any other person (other than an officer) authorised to act on behalf of the body,

are to be treated as the actions of the body itself.

(3) An advisory notice is a notice which--

(a) is addressed to the body or officer concerned,

(b) specifies the paragraph of subsection (1) which is relevant and the decision, course of action or item of account to which the notice relates,

(c) specifies that the notice will take effect on the day a copy of the notice is served on the person to whom it is addressed, and

(d) requires the body or officer before--

(i) making or implementing the decision,

(ii) taking or continuing to take the course of action, or

(iii) entering the item of account,

(as the case may be) to give the person who is for the time being the auditor of the accounts of the body not less than the specified number of days' notice in writing of the intention of the body or officer to do that thing,

and in paragraph (d) the reference to the specified number is to such number not exceeding 21 as is specified in the notice.

(4) Where two or more auditors are appointed in relation to the accounts of any body--

(a) the power to issue an advisory notice may be exercised by the auditors acting jointly or by such one of them as they may determine, and

(b) in relation to such a notice, references in subsections (5) and (6) to the auditor are references to the auditor or auditors by whom the notice is issued.

(5) A copy of an advisory notice--

(a) shall be served on the body to which, or to an officer of which, it is addressed,

(b) in the case of a notice addressed to an officer, shall also be served on him, and

(6) The auditor shall serve a statement of his reasons for the belief referred to in subsection (1) on the body concerned, and on any officer on whom a copy of the notice was served under subsection (5)(b), before the end of the period of 7 days beginning on the day on which a copy of the notice was served on the person to whom it is addressed.

(7) Where this section requires any document to be served on an officer of a body, it shall be served on him by addressing it to him and delivering it to him or leaving it at, or sending it by post to, the office at which he is employed.

(8) An advisory notice may at any time be withdrawn by the person who is for the time being the auditor in relation to the accounts of the body to which, or to an officer of which, the notice was addressed, and the auditor shall give notice in writing of the withdrawal to any body or person on whom a copy of the advisory notice was served under subsection (5).

19B Effect of an advisory notice

(1) While an advisory notice has effect, it is not lawful for the body concerned or any officer of that body--

(a) where the notice relates to a decision, to make or implement the decision,

(b) where the notice relates to a course of action, to take or continue to take the course of action, or

unless and until the conditions set out in subsection (2) are satisfied.

(2) The conditions are--

(a) that the body has considered, in the light of the advisory notice and the statement under section 19A(6), the consequences of doing the thing mentioned in the paragraph of subsection (1) which is relevant,

(b) that the body or officer has given the person who is for the time being the auditor of the accounts of the body the period of notice in writing required by the advisory notice under section 19A(3)(d), and

(3) An advisory notice takes effect on the day on which a copy of the notice is served on the person to whom it is addressed, and ceases to have effect--

(a) where a statement of reasons is not served in accordance with subsection (6) of section 19A, at the end of the period specified in that subsection, or

(b) when it is withdrawn under section 19A(8).

(4) Any expenses reasonably incurred by an auditor in or in connection with the issue of an advisory notice are recoverable by him from the body concerned.

(5) In this section "the body concerned", in relation to an advisory notice, means the body to which, or to any officer of which, the notice is addressed.

19C.--(1) Where--
(a)
before an advisory notice is served, a body enters into a contract to dispose of or acquire an interest in land, and
(b)
before the disposal or acquisition is completed, an advisory notice takes effect as a result of which it is unlawful for the body to complete the disposal or acquisition,

the existence of the advisory notice does not prejudice any remedy in damages which may be available to any person by reason of the body's failure to complete the contract.

(2) No action lies against an auditor in respect of loss or damage alleged to have been caused by reason of the issue of an advisory notice which was issued in good faith. "

(2) Sections 20 to 23 of the [1998 c. 18.] Audit Commission Act 1998 (prohibition orders) cease to have effect.

Maladministration etc.

92 Payments in cases of maladministration etc

(1) Where a relevant authority consider--

(a) that action taken by or on behalf of the authority in the exercise of their functions amounts to, or may amount to, maladministration, and

(b) that a person has been, or may have been, adversely affected by that action,

the authority may, if they think appropriate, make a payment to, or provide some other benefit for, that person.

(2) Any function which is conferred on the Greater London Authority under this section is to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

(3) In this section--

"action" includes failure to act,
"relevant authority" has the same meaning as in Part III of this Act.

Welfare services

93 Grants for welfare services

(1) The Secretary of State may, with the consent of the Treasury, pay grants to local authorities in England towards expenditure incurred by them in providing, or contributing to the provision of, such welfare services as may be determined by the Secretary of State.

(2) The National Assembly for Wales may pay grants to local authorities in Wales towards expenditure incurred by them in providing, or contributing to the provision of, such welfare services as may be determined by the Assembly.

(3) The amount of any grants under this section and the manner of their payment are to be such as may be determined by the Secretary of State or the Assembly (as the case may be).

(4) Grants under this section may be paid--

(a) to all local authorities,

(b) to particular local authorities, or

(c) to particular descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

(5) Grants under this section may be paid on such terms and conditions as the Secretary of State or, as the case may be, the Assembly may determine; and nothing in subsection (6) affects the generality of this subsection.

(6) Those terms and conditions may include provision as to the circumstances in which the whole or any part of a grant under this section must be repaid to the Secretary of State or the Assembly.

(7) A local authority must supply the Secretary of State or, as the case may be, the Assembly with such information as he or it may require for the purposes of this section.

(8) A local authority must have regard to any guidance for the time being issued by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.

(9) A local authority must comply with any directions for the time being given by the Secretary of State or, as the case may be, the Assembly with respect to the administration and application of grants under this section which are paid to them.

(10) Any determination, guidance or directions under this section may make different provision in relation to different local authorities or descriptions of local authority (including descriptions framed by reference to authorities in particular areas).

(11) Before making any determination, issuing any guidance or giving any directions under this section relating to all local authorities in England or Wales or any description of such authorities, the Secretary of State or (as the case may be) the National Assembly for Wales must consult--

(a) such local authorities or representatives of local authorities as appear to him or it to be appropriate,

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