Local leadership, local choice

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Annex

Draft Local Government (Organisation and Standards) Bill and Explanatory Notes

Explanatory notes

Introduction

1. These Explanatory Notes relate to the provisions of the Local Government (Organisation and Standards) Bill, published in draft for consultation. The introductory and background information which would usually be included in these Notes is contained for the purposes of this consultation exercise in the opening chapters of the paper in which they are included. They also do not include the information on financial effects, public service manpower implications, regulatory assessment, compatibility with the European Convention on Human Rights and commencement requirements which would be provided for any Bill being introduced to Parliament. The purpose in publishing this section of the Explanatory Notes is to assist the reader of the draft Bill and to help inform consultation on it. The Notes do not form part of the Bill.

Summary

2. Part I of the Bill is intended to enable all councils to move to new political management structures. The Bill requires all local authorities to make proposals for political management structures with a separate executive, and proposes three models initially with which local authorities' proposals must conform. It allows the Secretary of State to add further models at a later date. The Bill requires local authorities to hold a referendum where their proposal includes a directly-elected mayor, where 5% or more of the council's electorate petition for such arrangements, or where the Secretary of State requires an authority to hold a referendum on one of the models available under the Bill.

3. Part II of the Bill would establish a new ethical framework for local government comprising statutory codes of conduct for members and officers, standards committees for each local authority, and an independent process for investigating and penalising instances of unethical conduct. The draft Bill does not include some ancillary provisions on ethics (the replacement of surcharge by compensation orders, the replacement of prohibition notices by advisory notices, and other minor provisions) which could be included in legislation on this issue.

Commentary on clauses

Part I: arrangements with respect to executives

Clause 1: Executive arrangements
4. Clause 1 defines 'executive arrangements' as meaning the setting up and operation by a local authority of an executive, which has responsibility for the executive functions of the authority.

Clause 2: Local authority executives
5. Clause 2 sets out the possible forms of executive. Three models are specified. These are:

  • a directly-elected mayor who appoints an executive of two or more, drawn from councillors;
  • a council leader, appointed by the full council, who then either appoints an executive drawn from the council or heads an executive appointed by and drawn from the council;
  • a directly-elected mayor, with an officer of the authority, appointed by the council, as a council manager.

The clause also allows the Secretary of State to determine further models in regulations at a later date.

6. Clause 2 excludes the chairman or vice-chairman of the authority from being a member of the executive, in order to maintain their independence from the executive. The clause also limits the number of councillors who can be on the executive to whichever is the smaller number of 10 councillors or 15% of the total council, although the absolute limit of 10 can be altered by regulations made by the Secretary of State. The clause also makes clear that a directly-elected mayor is to be counted as a member of the council for the purposes of such a calculation.

Clause 3: Executive functions
7. Clause 3 provides for the division of local authority functions between executive and non-executive functions. The clause allows the Secretary of State to make regulations to specify those functions which may not be carried out by the executive alone and those functions which may be, but need not be, carried out by the executive. Certain functions, such as licensing functions, will need to be carried out by the council as a whole, or a committee of the council. The presumption, however, is that all functions should be carried out by the executive unless otherwise determined by the Secretary of State.

Clauses 4-6: Responsibility for executive functions
8. Clauses 4-6 set out in greater detail how decision-making within each model should work. Clause 4 relates to the elected mayor/executive model. It provides for the mayor to determine how executive functions should be carried out either by the full executive, single members of the executive acting alone, committees of the executive or officers, and for some further sub-delegation within the executive or to officers.

9. Clause 5 relates to the council leader/executive model. It allows for executive functions either to be delegated by the council leader-in a way similar to the model under clause 4-or to be discharged as determined by the council and set out in the executive arrangements agreed by the authority.

10. Clause 6 relates to the elected mayor/council manager model. It allows executive functions to be carried out either by the executive, the council manager, or a nominated officer.

Clause 7: Overview and scrutiny committees
11. Clause 7 requires authorities to set up overview and scrutiny committees, the purpose of which is to hold the executive to account; members of the executive will therefore not be able to sit on an overview and scrutiny committee. The chairman of the authority will also be barred from sitting on an overview and scrutiny committee, to ensure that the chairman is independent of both scrutiny and executive functions.

12. Clause 7 allows an overview and scrutiny committee to require officers and members of the executive to appear before it. It is also allowed to invite any other person to appear before it. An overview and scrutiny committee will be able to make reports and recommendations relating to any of the authority's functions to the executive or council, as appropriate. The Secretary of State will have powers to make regulations relating to overview and scrutiny committees.

Clause 8 and Schedule 1: Executive arrangements: further provision
13. Schedule 1 sets out further details of the working of the three models.

14. For the mayor/executive model, the arrangements must allow the mayor to determine the size of the executive (subject to restrictions in subsection 2(7)). The arrangements must also allow the mayor to appoint his or her own deputy. Such arrangements will allow the mayor to determine how best to run the executive to deliver his or her agenda.

15. For the council leader/executive model, the Schedule allows either the authority or the leader to determine the size of the executive, subject to restrictions in subsection 2(7).

16. For the mayor/council manager model, the proposals must allow the mayor to appoint a deputy, who cannot be the chairman or vice-chairman of the authority or be on an overview and scrutiny committee; this is to preserve independence between the three arms of the council. The Schedule entitles the council manager to attend and speak at council meetings and committee meetings. This allows him to carry out his duties, to advise the council and to be open to scrutiny. He will not, however, be allowed to vote as he will not be an elected council member. Schedule 1 also provides that the post of council manager is a politically restricted post, and that the post cannot be combined with that of chief finance officer or monitoring officer.

17. The Schedule also allows advisory committees to be set up to advise the executive under this third model. This will ensure that the executive has access to advice and that policy-making can be properly informed. The schedule allows such advisory committees not to be politically balanced, reflecting the provisions for the executive as a whole set out in clause 9.

18. The Schedule permits executive arrangements to cover such matters as appointment and terms of office of executive members, how its meetings are held, and similar matters in relation to committees of the executive.

Clause 9: Absence of requirement for political balance
19. Clause 9 allows executives and executive committees to be exempt from the requirement for committees to reflect the political balance of the authority.

Clauses 10-12: Procedure with respect to operation of executive arrangements
20. Clause 10 requires every local authority to draw up proposals for moving to executive arrangements. These proposals must set out the model which the authority intends to adopt, which functions would be the responsibility of the executive, what overview and scrutiny committees would be established, a timetable for implementation of the proposal, and details of any transitional arrangements that will be put into place. Such proposals must be widely consulted with the local community; this should include local electors, but also other interested parties. The aim of this clause is to ensure that the executive arrangements adopted by an authority reflect the aspirations of the community and are appropriate to that authority.

21. Clause 11 requires a local authority to hold a referendum where its proposal is for adoption of a model including a directly-elected mayor. The referendum decision would be binding on the authority. Where such a proposal is rejected, the authority may draw up a different proposal based on either the same or a different form of local governance. However, if this alternative proposal also involves an elected mayor, the proposal must once again be put to a referendum and the provisions on the outcome of the vote will once more apply. Subsection 22(1) prevents an authority from holding another referendum within five years.

22. Clause 12 requires a resolution of the full council to adopt executive arrangements. Once adopted, details of the arrangements must be made available to the public and be widely publicised in the area of the authority. Such publicity should include full details of how the arrangements will work and a date on which the arrangements enter into force.

23. The clause also makes clear that once an authority has adopted an executive model, it cannot revert to arrangements which are not based on a separate executive.

Clause 13: Revised executive arrangements
24. A local authority that has already adopted executive arrangements under clause 12 may draw up proposals to revise its executive arrangements. Clause 13 sets out the procedure that must be followed. The clause mirrors the provisions of clauses 10 and 11, for example, in respect of consultation on the proposals, what must be included in the proposals, and the circumstances in which a referendum can be required.

25. Where a local authority is operating executive arrangements which include a directly-elected mayor, and is seeking to revise those arrangements without changing the form of the executive, the consent of the mayor is required before the authority can implement the changes. However, the mayor's consent is not required where the revised arrangements only concern the operation and functions of overview and scrutiny committees.

26. Where an authority is proposing to move to, or away from, one of the forms of executive that includes a directly-elected mayor, the authority must hold a referendum on the proposals. However, where an authority is seeking to move from an executive which includes a directly-elected mayor to one which does not, and a referendum has approved those proposals, the local authority may not implement the revised executive arrangements before the term of office of the current directly-elected mayor has ended.

27. Any requirement to hold a referendum under this clause will be subject to the constraint in clause 22(1) that a referendum on executive arrangements may not be held more than once in any five years. If a referendum held under this clause rejects the authority's proposals, the authority may not implement them. In these circumstances, a local authority may draw up further revised executive arrangements.

Clauses 14 and 15: Referendums in certain circumstances
28. Clause 14 gives the Secretary of State a power to make regulations concerning public petitions in relation to whether or not a local authority should have a directly-elected mayor. It provides that regulations made under this clause could require a local authority to hold a referendum where it has received a petition, signed by at least 5% of local electors. Regulations may specify matters such as the format of petitions, their verification, the timing of referendums, and the action to be taken by a local authority before and after a referendum. Regulations may also amend the threshold for petitions.

29. Clause 15 gives the Secretary of State a power to make regulations which would enable him to require a local authority to hold a referendum on whether it should adopt executive arrangements which takes one of the three forms set down in clause 2. The regulations will specify the circumstances in which the Secretary of State will be able to invoke this power, and include provisions for the timing of a referendum and the action to be taken by the authority.

30. Any requirement to hold a referendum arising under these clauses will be subject to the constraint in clause 22(1) that a referendum on executive arrangements may not be held more than once in any five years.

Clause 16: Guidance
31. Clause 16 requires local authorities to have regard to any guidance issued by the Secretary of State in relation to Part I of the Bill. The guidance may, in particular, deal with timing, publicity, and arrangements for overview and scrutiny.

Clauses 17 to 21 and Schedule 2: Elected mayors
32. A directly-elected mayor shall be an individual elected to that post by all the local government electors in the authority's area. The normal term of office for an elected mayor will be four years, except as otherwise provided for in regulations made by the Secretary of State under clause 18. This clause also enables the Secretary of State to make regulations providing for the dates, years, and intervals at which mayoral elections can take place. This would enable the Secretary of State to, for example, provide for mayoral elections which are consistent with the different electoral cycles operated by local authorities, and could allow initial terms of office for elected mayors of greater or less than four years so that the mayoral cycle can be brought into step with the normal electoral cycle.

33. Clause 19 describes the method for electing a directly-elected mayor. This will normally be the supplementary vote system (SV), unless there are less than three candidates, in which case the simple majority system is used.

34. Under the SV system, the elector has two votes-a first preference vote, which may be cast for the elector's preferred candidate in the usual way, and a second vote which may be cast for the elector's second preference from among the candidates. Schedule 2 specifies the procedure for returning an elected mayor under the SV system. If any candidate receives more than half of the first preference votes cast, that candidate is the winner. Otherwise, all but the two candidates who received the greatest number of first preference votes are eliminated. Any second preference votes among the votes for the eliminated candidates which have been cast for the two remaining candidates are then added to those candidates' total votes, and the candidate with the highest number of votes overall is elected mayor. Schedule 2 also provides procedures for dealing with an equality of votes at any stage of the process.

35. Clause 21 provides the Secretary of State with a power to make regulations regarding the conduct of mayoral elections. This includes a power to apply or modify any statutory provisions relating to the conduct of elections. This will allow the Secretary of State to ensure that the existing statutory framework for the conduct of elections can be applied to mayoral elections appropriately.

Clause 22: Provisions with respect to referendums
36. A local authority may hold only one referendum on proposals for executive arrangements in any five-year period. This includes referendums triggered by a public petition under clause 14, or required by the Secretary of State under clause 15. The people eligible to vote in a referendum will be those people who would normally be entitled to vote at local government elections in the authority conducting the referendum.

37. Clause 22 also provides for the Secretary of State to make regulations on the conduct of referendums, and to provide for the application of electoral legislation to the holding of referendums.

Clause 23: Power to modify enactments
38. Clause 23 allows the Secretary of State to make regulations which modify, apply, extend, or repeal any legislation as he considers necessary for the purpose of operating the provisions of Part I of the Bill.

Part II: conduct of local government members and employees

Clause 25: General principles of conduct
39. Subsection 25(1) of the Bill provides the Secretary of State with a power to develop a set of general principles of conduct which will apply to all authorities covered by the new ethical framework. The general principles will underpin the codes of conduct that these authorities will adopt for their members. The general principles will also be subject to approval by Parliament, by affirmative resolution of both Houses, before the Secretary of State can introduce them (as specified in clause 44(5)).

40. Subsection 25(2) places a duty on the Secretary of State to consult various bodies in developing the general principles of conduct. They include representatives of local government, the Audit Commission and the Commission for Local Administration in England (the local government Ombudsman).

41. Subsections 25(3) and (4) set out the authorities whose members' conduct is to be governed by the general principles of conduct.

Clause 26: Model code of conduct
42. Clause 26 enables the Secretary of State to issue a model code of conduct for members of authorities listed in clause 25. The model code will give practical effect, in terms of councillors' behaviour, to the general principles. Parliamentary approval of the model codes is required by the negative resolution procedure (as specified in clause 44(4)).

43. This clause specifies that the model code must be consistent with the general principles. A code may include both mandatory or optional provisions (these might be relevant to different types of authority). Once again, the Secretary of State would be required to consult representatives of local government and other persons or organisations before introducing model codes. He would also be able to invite these organisations to draw up a draft model code if he considered it appropriate. In addition, this clause allows different model codes, or different provisions within a model code, to be drawn up for different authorities. In this way it would be possible for a single model code to contain separate provisions e.g. for police authorities and for fire authorities. Alternatively it would enable separate model codes to be drawn up for each of these groups of authority.

Clauses 27 and 28: Duties
44. Clause 27 places a duty upon the authorities whose members are to be governed by the general principles to adopt a code of conduct within six months of a new model code coming into force. Where an authority already has a code of conduct in place, it will be only required to change it if it is not consistent with the new model code. An authority's code of conduct must include any mandatory provisions of the model code that applies to the authority. However, the authority has discretion to incorporate in the model code any optional or additional provisions it wishes to include, providing they are consistent with the general principles of conduct.

45. This clause also makes provision that if an authority fails to adopt a code of conduct within the six months specified, the mandatory provisions of the model code relevant to the authority will apply to it by default until it adopts its own code. Once an authority has adopted or revised its code of conduct, it must publish the fact, make the code of conduct available for public inspection, and send a copy to the Standards Board (see below -clause 31).

46. Clause 28 sets out the duty upon each member of an authority listed in clause 25 to comply with any code of conduct adopted by the authority under these provisions. This is in contrast with the current system whereby, under section 83 of the Local Government Act 1972, the declaration made by councillors includes an undertaking to be guided by the National Code of Local Government Conduct in the performance of their functions. Section 83 applies only to county, district, London borough and parish councils. However, the requirements in this clause extend also to the other 'relevant' authorities listed in clause 25 which are required to develop codes of conduct (such as police and fire authorities)

47. Where an authority adopts a new code or revises an existing code of conduct, every member of the authority must make a written declaration that he or she will observe the code within two months of it coming into effect. Any member who does not make a declaration to this effect within the two month period will then cease to be a member of the authority. Once a member has made the declaration to observe the code, any breaches by that member of the code will be enforceable through the disciplinary procedures set out in clauses 31-41.

Clauses 29 and 30: Standards committees
48. Clause 29 places a duty upon particular local authorities to establish a standards committee. In England the duty applies to county councils and district councils, London borough councils, the Common Council of the City of London and the Council of the Isles of Scilly. In Wales, all county councils and county borough councils are covered.

49. This clause also specifies various details of the composition of an authority's standards committee. Whilst the authority has discretion over the overall number of members of the standards committee, it must have at least three members, two who are elected members of the authority, one of whom is an independent member (i.e. not a member of the authority). In an authority that operates under the executive arrangements set out in Part 1 of the Bill, a standards committee must contain no more than one member of the executive; that person must not be a directly-elected mayor or executive leader, and may not chair the committee.

50. This clause also gives the Secretary of State power to make further regulations on the size and proceedings of a standards committee. It gives independent members on the committee voting rights, and requires the authority to provide the Standards Board with a copy of the standards committee's terms of reference.

51. Clause 30 sets out the functions of a standards committee. The general functions are to promote and maintain high standards of conduct within the local authority and to assist members of the authority to observe the authority's code of conduct.

52. This clause also outlines a range of specific functions. These are to:

  • advise the authority on the adoption or revision of a local code of conduct;
  • monitor the operation of the authority's code, for instance, making recommendations to the authority about changes to keep the code up to date;
  • advise members of the authority on matters relating their code of conduct. This might include providing or arranging for training of members;
  • consider reports referred to it by the Standards Board under clause 34(4).

53. Clause 30 enables the Secretary of State to issue further regulations in respect of the functions of the standards committee. It also allows the Standards Board to issue guidance on the matter.

Clauses 31, 32 and Schedule 3: the Standards Board and Ethical Standards Officers
54. Clause 31 provides for the creation of two new independent bodies, the Standards Board for England and for Wales respectively. The Secretary of State is given the power to appoint members of the Standards Board either as ethical standards officers, or as ordinary members. The Standards Board is to have at least three members.

55 The functions of the Board are set out in Schedule 3, which covers the status and general powers of the Standards Board. It sets out the grounds for disqualification for being appointed as a member of the Standards Board (either as an ethical standards officer or as an ordinary member). It requires the Secretary of State to appoint the chairman and deputy chairman of the Standards Board and sets out the terms of their tenure of office. It makes provision for the Secretary of State to determine and pay any remuneration and allowances for members of the Standards Board. This schedule also enables the Standards Board to appoint (and pay) staff to carry out its functions and those of the ethical standards officers. The Secretary of State has powers to make regulations regarding the functions of the Standards Board.

56. Schedule 3 also covers:

  • the proceedings of the Standards Board;
  • declaration of members' interests;
  • provision of finance;
  • submission of accounts;
  • the application of seal and evidence (validation of documents issued by the Standards Board);
  • Parliamentary disqualification for any member of the Standards Board.

57. The functions of ethical standards officers are specified in clause 32. The primary function of ethical standards officers will be to investigate allegations that a member (or members) of an authority has breached its code of conduct. Any such allegation must be put to the Standards Board in writing, and on receipt of a written allegation the Board may assign an investigation to a particular ethical standards officer.

58. This clause also states that the purpose of an investigation by an ethical standards officer is to find either:

  • that there is no evidence of a failure to comply with a code of conduct;
  • or that there is no need to take action on the matter investigated (whether or not there was a breach of the code);
  • or that the matter should be referred back to the standards committee of the authority to deal with;
  • or that he should make a report to the Adjudication Panel (see clause 38 below).

Clauses 33 to 35: Conduct of investigations
59. Clause 33 enables the ethical standards officer to investigate allegations even if the person concerned is no longer a member of the authority, thus preventing a councillor from evading an investigation by resigning their post. An ethical standards officer may not carry out an investigation into a member of an authority if they have both been members of the same authority (or any of its committees) at any time within the last five years. An ethical standards officer is also placed under a duty to declare any direct or indirect interest in a matter referred to him and to take no further part in any investigation of that matter.

60. Clause 34 concerns the procedure for conducting an investigation. There is specific provision that the person being investigated must have an opportunity to comment on the allegation. Other than that, the clause gives wide scope for an ethical standards officer to conduct an investigation as he sees fit. There is specific provision allowing ethical standards officers to reimburse the costs of the people from whom they seek information. The clause also provides that the conduct of an investigation should not affect the ability of the local authority to take action in respect of the matters being investigated.

61. To assist them in their investigations, clause 35 gives the ethical standards officer rights of access to the information or documents necessary to the investigation. These powers are also conferred upon any person the ethical standards officer authorises to assist with an investigation. People (including local authority members and officers) from whom the ethical standards officer seeks information or explanations are obliged to co-operate, and the local authority is under a general duty to co-operate with an investigation. The duty to provide information extends to communications with Government departments, including those that would ordinarily not be disclosed. The duty does not, however, extend to the Parliamentary Commissioner or the Health Service Commissioner. Ethical standards officers are to be able to obtain advice during an investigation and to pay for its provision.

62. Finally, subsection 35(12) introduces a new offence of failing to provide the ethical standards officer with such information, documentation or other evidence he requires as part of his investigation. Any person convicted would be liable to a fine of level 3 on the standard scale (currently up to £1,000) and, if they still did not comply with the request for information, an additional fine of up to £20 for each day that they continue to resist after conviction.

Clauses 36 and 37: Power to issue reports
63. Clause 36 places a duty upon an ethical standards officer to produce a report on the outcome of his investigations. Copies must be sent to the person who is the subject of the allegation and to the chairman of the standards committee of that person's authority. If the conclusion of the report is that the matter should be referred to the adjudication panel, a copy must also be sent to the Panel. The Standards Board must also take reasonable steps to inform the person who made the original allegation about the outcome of the investigation. Where the ethical standards officer finds that there has been no failure to comply with a code or no further action is required, a summary of his report is to be published in a local newspaper.

64. Clause 37 provides the ethical standards officer with the power to issue an interim report if, during an investigation, he considers that it would be in the public interest to do so (usually in the case of particularly serious allegations). Such reports can conclude that the person being investigated should be suspended from being a member of the authority or any of its committees or sub-committees. In such cases the local authority is under a duty to comply with the notice.

65. The maximum period of suspension is six months, though this can be extended by the ethical standards officer by issuing further notices. The period of suspension cannot last longer than the remainder of the member's term of office, nor can it extend beyond the date on which the Adjudication Panel concludes its consideration of a full report. A copy of any interim report by the ethical standards officer must be sent to the person who is the subject of the report and the chairman of the standards committee of that person's authority. The ethical standards officer must also take reasonable steps to inform the person who made the allegation. A person suspended following an interim report by the ethical standards officer can appeal to the High Court either against the suspension itself or the period of suspension.

Clause 38 and Schedule 4: Adjudication Panel
66. Clause 38 makes provision to set up two bodies known as the Adjudication Panel for England and for Wales respectively. The primary function of the Adjudication Panel will be to receive reports from ethical standards officers and establish case panels to consider them. However, this clause also enables the Secretary of State to confer such functions upon it, relating to the conduct of members, as he considers appropriate.

67. More detailed provisions for the Adjudication Panel are set out in Schedule 4, covering the status of the Panel and its general powers. This Schedule requires the Secretary of State to appoint at least three members (including one to chair the Panel and one to act as deputy) in consultation with such representatives of local government as he considers appropriate. It also specifies that a person cannot be appointed as a member of the Adjudication Panel if they are disqualified from being elected or being a member of a local authority.

68. Schedule 4 also sets out the details of:

  • a Panel member's tenure of office;
  • remuneration;
  • appointment of employees;
  • delegation of the Panel's functions;
  • regulation of Panel proceedings;
  • members' interests;
  • financial arrangements;
  • accounts;
  • application of seal and evidence;
  • Parliamentary disqualification.

Clauses 39 to 41: Case panels
69. Clause 39 provides for the Adjudication Panel to establish case panels to determine whether a code of conduct has been breached. Case panels are to have at least three members determined by the chairman or the deputy chairman, both of whom themselves can be case panel members. However, it also prevents a member of the Adjudication Panel from being a member of a case panel constituted to look into a matter if they has been a member of the authority or a member of a committee of the authority concerned in the previous five years. Finally, this clause makes provision for the Secretary of State to issue guidance in respect of the composition of the panel.

70. Clause 40 enables a person who is the subject of a case being adjudicated by the Adjudication Panel either to appear before a case panel in person or to be represented by a third party. This clause also makes provision for the Secretary of State to make further regulations covering the process of adjudication as he considers necessary. Such regulations might cover:

  • requiring people to attend to give evidence to the case panel;
  • requiring them to make relevant documents relating to the investigation available to the panel;
  • prescribing the procedure to be followed by a case panel, for example, to ensure fairness in the proceedings;
  • awarding or settling costs or expenses;
  • the registration of the Adjudication Panel's decisions.

71. Clause 40 also introduces a new offence for failing to comply with any requirement imposed by the case panel in considering a case. It is similar to the offence introduced by clause 35 and also has the penalty of a level 3 fine (currently up to £1,000).

72. Clause 41 covers the outcome of the Adjudication Panel's findings. It places a duty on the Adjudication Panel to decide on any case before it, whether or not there has been a breach of the code of conduct, and to notify the standards committee of the relevant authority concerned. Where the Panel decides that a person has failed to comply with the code of conduct, this clause places the Panel under a duty to decide whether the nature of the failure is such that the person should be suspended from being a member of the authority (or any of its committees or sub-committees) or disqualified from being elected or being a member of that or any other authority. Suspension can be for a period of up to 1 year, although this must not extend beyond the person's term of office. Disqualification may be for up to 5 years.

73. In any case where the Adjudication Panel decides that a person has failed to comply with a code of conduct, this clause requires the Panel to issue a notice to the standards committee of the authority concerned and specify the details of the failure. The Adjudication Panel must also state if it has decided that a member should be suspended or disqualified. This clause also places a duty on the authority to comply with any notice from the Adjudication Panel to its standards committee. The Adjudication Panel is required to send a copy of any notice issued to the Standards Board and to anyone who is the subject of the notice, and also to take reasonable steps to inform the person who made the initial allegation of the outcome of the panels adjudication. Notices are to be published in the authority's local newspaper(s). Finally this clause introduces a right of appeal to the High Court for a person that a case panel decides has failed to comply with the code of conduct.

Clause 42: Code of conduct for local government employees
74. Clause 42 gives the Secretary of State power to issue a code of conduct for local government employees. The clause requires the Secretary of State, in drawing up a code, to consult representatives of local government and also of local government employees. This code of conduct is to be incorporated into the terms and conditions of every local government employee.

Clause 43: Interpretation
75. Clause 43 gives the legal interpretation or definition of a range of specific terms used in Part II of the Bill.

Part III: supplemental

Clause 44: Orders and regulations
76. Clause 44 details the Secretary of State's powers to make an order, regulations or rules under this Act by statutory instrument where he considers necessary. Subsection 44(5) requires regulations made under subsection 2(5) (proposals for new models), clause 21 (power to make provisions about elections) and clause 23 (power to modify enactments) to be subject to affirmative resolution. Other regulations would be subject to negative resolution.

Clause 45: Wales
77. Clause 45 modifies the Bill in relation to Wales.

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