The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015

Made: 25th March 2015

Laid before Parliament: 25th March 2015

Coming into force: 11th May 2015

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 8, 20 and 190(1) of the Local Government and Housing Act 1989[^f00001] makes the following Regulations.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 and come into force on 11th May 2015.

• (2) In these Regulations—

• “the 2001 Regulations” means the Local Authorities (Standing Orders) (England) Regulations 2001[^f00002].

Amendments relating to approval of dismissal of certain officers

2

• (1) The 2001 Regulations are amended as follows.

• (2) In regulation 5, after “the appointment or dismissal of the head of the authority’s paid service” insert “, or the dismissal of the authority’s monitoring officer or chief finance officer,”.

• (3) For regulation 6 substitute—

(6) No later than the first ordinary meeting of the authority falling after 11th May 2015 a local authority must, in respect of disciplinary action against the head of the authority’s paid service, its monitoring officer or its chief finance officer— (a) incorporate in standing orders the provisions set out in Schedule 3 or provisions to the like effect; and (b) modify any of its existing standing orders in so far as is necessary to conform with those provisions, in particular by removing from its existing standing orders the provisions which were set out in Schedule 3 as it was immediately before the date that the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2015 came into force, or provisions to the like effect.

• (4) Regulations 7 (investigation of alleged misconduct) and 10 (transitional and consequential provisions) are omitted.

• (5) In Schedule 1 (provisions to be incorporated in standing orders relating to staff)—

• (a) in paragraph 4 of Part 1 (authority with mayor and cabinet executive) and in paragraph 4 of Part 2 (authority with leader and cabinet executive), in each case for paragraph (1) substitute—

(1) Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of theappointment of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to that person. (1A) Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the dismissal of an officer designated as the head of the authority’s paid service, as the authority’s chief finance officer, or as the authority’s monitoring officer, the authority must approve that dismissal before notice is given to that person.

• (b) for paragraph 4 of Part 4 (authority operating committee system), substitute—

(4) (1) Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of theappointment of an officer designated as the head of the authority’s paid service, the authority must approve that appointment before an offer of appointment is made to that person. (2) Where a committee, sub-committee or officer is discharging, on behalf of the authority, the function of the dismissal of an officer designated as the head of the authority’s paid service, as the authority’s chief finance officer, or as the authority’s monitoring officer, the authority must approve that dismissal before notice of dismissal is given to that person.

• (6) For Schedule 3 (provisions to be incorporated in standing orders in respect of disciplinary action) substitute the Schedule set out in the Schedule to these Regulations.

Transitional and saving provisions

3

• (1) Where, before the date on which these Regulations come into force, anything was being done in respect of an allegation of misconduct in accordance with—

• (a) regulation 7 of the 2001 Regulations, including that regulation as applied by regulation 10(1)(b) of the 2001 Regulations; or

• (b) the provisions set out in paragraph 4 of Part 1 of Schedule 1 to the Local Authorities (Standing Orders) Regulations 1993[^f00003], or Schedule 3 to the 2001 Regulations (or provisions to the like effect) incorporated in the local authority’s standing orders,

the provisions mentioned in paragraphs (a) and (b) shall continue to apply in respect of the allegation of misconduct in question.

• (2) Anything which, before the date on which the local authority incorporated or modified provisions in standing orders in accordance with the 2001 Regulations as amended by regulation 2, was being done by, to or in relation to an officer in accordance with a provision mentioned in paragraph (1) may be continued after that date by, to or in relation to that officer in accordance with that provision.

• (3) Nothing in these Regulations shall apply in relation to the standing orders of the New Forest National Park Authority as provided for in Part 1 of Schedule 3 to the New Forest National Park Authority (Establishment) Order 2005[^f00004].

SCHEDULE

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Kris Hopkins — Parliamentary Under Secretary of State — Department for Communities and Local Government — 25th March 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Local Authorities (Standing Orders) (England) Regulations 2001 (“the 2001 Regulations”), which require certain local authorities in England to make or modify standing orders so that they include certain provisions relating to staff and other matters.

Regulation 2 removes the provisions in the 2001 Regulations, except insofar as they apply in relation to the standing orders of the New Forest National Park Authority, relating to the “designated independent person” required to be appointed by a local authority before it could dismiss or discipline its head of paid service, monitoring officer or chief finance officer. It makes new provision about the procedure to be followed in such cases, which authorities are required to include in their standing orders. It also requires that the authority, when setting up its panel for the purpose of advising on matters relating to the dismissal of a relevant officer, invite independent persons who have been appointed under section 28(7) of the Localism Act 2011. The authority is required to appoint such independent persons to the panel in the specified priority order and the panel must have at least two members.

Regulation 3 makes transitional provisions in relation to regulation 2.

No impact assessment has been prepared in relation to these Regulations because no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1989 c. 42. Section 20 was amended by section 119 of, and Schedule 6 to, the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

[^f00002]: S.I. 2001/3384. There are no relevant amendments.

[^f00003]: S.I. 1993/202. The Local Authorities (Standing Orders) Regulations 1993 were repealed by S.I. 2001/3384 subject to savings specified in regulation 8(3) of S.I. 2001/3384

[^f00004]: SI 2005/421. Article 16 of Part 1 of Schedule 3 of the Order applies regulation 7 of the 2001 Regulations to the New Forest National Park Authority, as if it were a local authority as referred to in the 2001 Regulations.

[^f00005]: 2011 c. 20.

[^f00006]: S.I. 2001/3384.

[^f00007]: 1972 c. 70.