The Localism Act 2011
PROVISIONS IN
RELATION TO
STANDARDS
Standards
Committee
8 March 2012
Introduction
 Current Position
 New Provisions
 What needs to be done
 The Future
Current Position
• Royal Assent – 15th November 2011
• 31st March 2012 – Standards Board for
England abolished.
• Awaiting supporting regulations and
Commencement Orders. Expected between
March and May 2012
• Working towards adoption at full Council on
23 May 2012
• Effective – 1st July 2012
The New Provisions
• “Standards Board Regime” and all current
legislation will be repealed
• Replaced with a new general duty to promote
and maintain high standards of conduct by
members and voting co-opted members
• Each “relevant authority” MUST adopt a
Code of Conduct.
• Applies to Local Authority Members and
Parish Councils
Code of Conduct
• Adoption at full Council and advertised
• “Acting in Capacity” still to be defined narrower
• Code must be consistent with Nolan
principles of:
•
•
•
•
Selflessness
Integrity
Openness
Leadership
Objectivity
Accountability
Honesty
• No National Code - ACSeS – draft Code
Disclosable Pecuniary
Interests
• Members and Parish Councillors must
register “disclosable pecuniary interests” –
still to be defined
• within 28 days of being appointed or Code
adopted
• Narrower - member and partner only
Disclosable Pecuniary
Interest Cont.
Interests Arising at Meetings
• If registered – declare you have an interest.
• If not registered – must state nature of
interest and then report it to Monitoring
Officer within 28 days
In both cases:
- must not participate in any discussions, or
vote on the matter
• Need to leave the room. Public perception
Disclosable Pecuniary
Interests Cont.
• Criminal Offence for failing to disclose –
Fine up to £5000 and/or 5 year
disqualification
• Prosecution by Director of Public
Prosecution
• Public Register of Interest – Civic Centre
and Website
Non Disclosable Pecuniary
Interests
• Reflect 7 Nolan Principles
• Similar provisions as in existing code
• Await regulations before finalising
Standards Committee
 Existing Committee will be dissolved
 No statutory requirement to have a new
Committee BUT need to deal with
complaints and hearings
 Exists to promote and maintain high
standards of conduct for members
Standard Committee Cont.
New Committee
Must be proportionate
No requirement for Independent
Members.
No requirement for Parish Council
Members
No Independent Chair as no chair’s
casting vote
Independent Person
 Must appoint at least one IP who:
MUST be consulted before any
finding that there has been a breach
of the code of conduct
MAY be consulted by a member
who is subject to a complaint.
Independent Person Cont
 Appointed at Full Council following
advertisement and application
 It would seem that current Independent
Members cannot be Independent Persons
for SRBC
 Options being looked at with other
authorities.
Complaints
 Investigation and Hearing Procedures
need to be adopted by Council
 Need for Council to delegate to
Monitoring Officer and Standards
Committee
 Monitoring Officer and Leaders likely to
take a big role in dealing with matters
Sanctions
 No Statutory Power of Sanction under Act
 Council need to delegate power to impose
penalties
 Penalties include:
 Naming and Shaming
 Removal from Committee or Sub Committee –
(Leader)
 Training
 Removal from outside bodies/appointments
 Withdrawal of facilities (proportionate)
 Exclusion from Council Premises (as above –
must have access to Council and Committee
Meetings)
What needs to be done?
• Adopt Code – Adopt ACSeS model?
• Investigation and Hearing procedures
required
• Clarify position with Parish Councils and
assist them in the transition
• Appoint at least one independent person.
• Create new registers of interest
• Training and Communication
The Future
• Need Political “Buy in”
• Parish Councils Support
• Shorter Simpler Rules & Procedures
• More complaints dealt with informally
• Independent person – limited role
• Council – 23rd May 2012
Conclusion
• Your Views?
• Interests – Do you favour a model code
similar to SRBC code?
• Do you favour a single code of conduct
across Lancashire if possible?
• Do you favour a Standards Committee or do
you want to pass responsibility for standards
to the Governance Committee?
Conclusion Cont
 Do you wish to retain non-voting
Co-optees – Independent? Parish?
 What are your views about the suggested
process for dealing with complaints about
members?