UK Parliament / Open data

Localism Bill

Proceeding contribution from Baroness Hanham (Conservative) in the House of Lords on Monday, 31 October 2011. It occurred during Debate on bills on Localism Bill.
5: Clause 28, page 39, line 33, leave out subsection (1) and insert— ““(1) A relevant authority must secure that a code adopted by it under section 27(1A) (a ““code of conduct””) is, when viewed as a whole, consistent with the following principles— (a) selflessness; (b) integrity; (c) objectivity; (d) accountability; (e) openness; (f) honesty; (g) leadership. (1A) A relevant authority must secure that its code of conduct includes the provision the authority considers appropriate in respect of the registration in its register, and disclosure, of— (a) pecuniary interests, and (b) interests other than pecuniary interests. (1B) Sections 29 to 34 do not limit what may be included in a relevant authority’s code of conduct, but nothing in a relevant authority’s code of conduct prejudices the operation of those sections. (1C) A failure to comply with a relevant authority’s code of conduct is not be dealt with otherwise than in accordance with arrangements made under subsection (3); in particular, a decision is not invalidated just because something that occurred in the process of making the decision involved a failure to comply with the code.”” 6: Clause 28, page 39, line 37, at end insert ““or”” 7: Clause 28, page 39, line 38, leave out from second ““conduct”” to end of line 39 8: Clause 28, page 39, line 40, leave out subsection (3) and insert— ““(3) A relevant authority other than a parish council must have in place— (a) arrangements under which allegations can be investigated, and (b) arrangements under which decisions on allegations can be made. (3A) Arrangements put in place under subsection (3)(b) by a relevant authority must include provision for the appointment by the authority of at least one independent person— (a) whose views are to be sought, and taken into account, by the authority before it makes its decision on an allegation that it has decided to investigate, and (b) whose views may be sought— (i) by the authority in relation to an allegation in circumstances not within paragraph (a), (ii) by a member, or co-opted member, of the authority if that person’s behaviour is the subject of an allegation, and (iii) by a member, or co-opted member, of a parish council if that person’s behaviour is the subject of an allegation and the authority is the parish council’s principal authority. (3B) For the purposes of subsection (3A)— (a) a person is not independent if the person is— (i) a member, co-opted member or officer of the authority, (ii) a member, co-opted member or officer of a parish council of which the authority is the principal authority, or (iii) a relative, or close friend, of a person within sub-paragraph (i) or (ii); (b) a person may not be appointed under the provision required by subsection (3A) if at any time during the 5 years ending with the appointment the person was— (i) a member, co-opted member or officer of the authority, or (ii) a member, co-opted member or officer of a parish council of which the authority is the principal authority; (c) a person may not be appointed under the provision required by subsection (3A) unless— (i) the vacancy for an independent person has been advertised in such manner as the authority considers is likely to bring it to the attention of the public, (ii) the person has submitted an application to fill the vacancy to the authority, and (iii) the person’s appointment has been approved by a majority of the members of the authority; (d) a person appointed under the provision required by subsection (3A) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment. (3C) In subsections (3) and (3A) ““allegation””, in relation to a relevant authority, means a written allegation— (a) that a member or co-opted member of the authority has failed to comply with the authority’s code of conduct, or (b) that a member or co-opted member of a parish council for which the authority is the principal authority has failed to comply with the parish council’s code of conduct. (3D) For the purposes of subsection (3B) a person (““R””) is a relative of another person if R is— (a) the other person’s spouse or civil partner, (b) living with the other person as husband and wife or as if they were civil partners, (c) a grandparent of the other person, (d) a lineal descendant of a grandparent of the other person, (e) a parent, sibling or child of a person within paragraph (a) or (b), (f) the spouse or civil partner of a person within paragraph (c), (d) or (e), or (g) living with a person within paragraph (c), (d) or (e) as husband and wife or as if they were civil partners.”” 9: Clause 28, page 40, line 1, leave out ““this section)”” and insert ““arrangements put in place under subsection (3))”” Amendments 5 to 9 agreed. Amendment 10 not moved. Amendments 11 to 13 Moved by
Type
Proceeding contribution
Reference
731 c1052 
Session
2010-12
Chamber / Committee
House of Lords chamber
Legislation
Localism Bill 2010-12
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