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Local Government Act 2000

Section 59: Functions of ethical standards officers

134.Section 59 specifies the functions of ethical standards officers. Their main function will be to investigate allegations that a member or former member of a relevant authority has breached its code of conduct. Ethical standards officers may also investigate any associated cases that have come to their attention as a result of undertaking an investigation into a written allegation.

135.This section also states that the purpose of an investigation by an ethical standards officer is to make one of the following findings:

  • 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; or

  • that the matter should be referred back to the monitoring officer of the relevant authority to deal with (in the case of a former member who is now a member of another relevant authority, the ethical standards officer must decide to which monitoring officer to refer the matter); or

  • that the matters which are subject of the investigation should be referred to the president of the Adjudication Panel for England.

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