Part IIIU.K. Conduct of local government members and employees

Modifications etc. (not altering text)

C5Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

C6Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C7Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14

Chapter IVE+W Adjudications

Case tribunals and interim case tribunalsE+W

76 Case tribunals and interim case tribunals.E+W

(1)Adjudications in respect of matters referred to the president of the [F1Adjudication Panel for Wales] under section F2... 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel.

(2)Adjudications in respect of matters referred to the president of the [F3Adjudication Panel for Wales] under section F4... 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel.

(3)The president of the [F5Adjudication Panel for Wales] (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal.

(4)A case tribunal drawn from the [F6Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F7... 71(3).

(5)An interim case tribunal drawn from the [F8Adjudication Panel for Wales] may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section F9...72(4).

(6)The president or the deputy president of the [F10Adjudication Panel for Wales] may be a member of a case tribunal or interim case tribunal drawn from the Panel.

(7)A member of the [F11Adjudication Panel for Wales] may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.

(8)A member of the [F12Adjudication Panel for Wales] who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal—

(a)must disclose the nature of his interest to the president or deputy president of that Panel, and

(b)may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter.

(9)Where there is no deputy president of the [F13Adjudication Panel for Wales], the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as F14...the National Assembly for Wales may specify.

F15(9A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)A person who is a member of an interim case tribunal which, as a result of an investigation under section F16... 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person.

F17(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales.

(14)The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales.

F19(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Words in s. 76(10) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 58(i) (with Sch. 5)

Commencement Information

I1S. 76 wholly in force at 28.7.2001; s. 76 not in force at Royal Assent see s. 108; s. 76(13) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 76 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 76 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)