Decisions Of Interim Case Tribunals

(".—(1) An interim case tribunal which adjudicates on any matters which are the subject of an interim report must reach one of the following decisions—

(a) that the person to whom the recommendation mentioned in section 48(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned,

(b) that that person should be suspended or partially suspended from being a member or co-opted member of the authority concerned in the way and for the period recommended in the report, or

(c) that that person should be suspended or partially suspended from being a member or co-opted member of the authority concerned in a different way or for a different period from that recommended in the report.

(2) The period mentioned in subsection (1)(c) must not exceed six months or (if shorter) the remainder of the person's term of office.

(3) An interim case tribunal must give notice of its decision to the standards committee of the relevant authority concerned.

(4) If the decision of an interim case tribunal is that a person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned-

(a) the notice must specify the date on which the suspension or partial suspension is to begin, and

(b) the relevant authority must suspend or partially suspend the person in accordance with the notice.

(5) A decision of an interim case tribunal under this section shall not prevent an ethical standards officer from continuing with the investigation under section 42 which gave rise to the interim report concerned and producing a report under section 47, or a further interim report under section 48, in respect of any matters which are the subject of the investigation.

(6) The suspension or partial suspension of any person under this section shall cease to have effect on the day that a notice under section 52 is given to the standards committee of the relevant authority concerned with respect to that person.

(7) A copy of any notice under this section must be given—

(a) to any member or co-opted member of the relevant authority concerned who is the subject of the notice, and

(b) to the monitoring officer of the relevant authority concerned.

(8) An interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section 42 of its decision under this section.

(9) A person who is suspended or partially suspended under this section may appeal to the High Court—

(a) against the suspension or partial suspension. or

(b) against the length of the suspension.").

On Question, amendment agreed to.

Clause 52 [ Decisions of case tribunals]:

moved Amendments Nos. 346M to 357:

Page 31, line I L leave out ("is to adjudicate") and insert ("adjudicates").

Page 31, line 21, leave out from beginning to ("member") in line 23 and insert ("suspended or disqualified in accordance with subsection (3A) or (3B).

(3A) A member of a relevant authority may be—

(a)suspended—

(i) from exercising particular functions as a member of the authority, or

(ii) from being a member of the authority, or

(b) disqualified for being, or being elected or appointed, a member or co-opted member of that or any other relevant authority.

(3B) A co-opted member of a relevant authority may be—

(a) suspended from being a co-opted member of that authority, or)

(b) disqualified for being, or being elected or appointed. a member or co-opted").

Page 31, line 26, leave out ("(3)(a).") and insert ("(3A)(a) or (3B)(a),").

Page 31, line 30, leave out ("(3)(b),") and insert ("(3A)(b) or (3B)(b),").

Page 31, line 34, leave out ("(3),") and insert ("(3A) or (3B),").

Page 31, line 41, leave out ("(3)(a).") and insert ("(3A )(a ) or (3B)(a),").

Page 32, line 1, leave out from ("authority") to ("for") in line 3.

Page 32, line 3, after ("period") insert (", and to the extent,").

Page 32, line 9, leave out ("(3)(b),") and insert ("(3A)(b) or (3B)(b),").

Page 32, line 14, leave out ("and") and insert ("or").

Page 32, line 14, after ("elected") insert ("or appointed").

Page 32, line 15, after ("member") insert ("or co-opted member").

On Question, amendments agreed to.

I beg to move that the House do now resume.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.

Volume 609: debated on Tuesday 1 February 2000