1. The Localism Act 2011 PROVISIONS IN RELATION TO STANDARDS Standards Committee 8 March 2012

2. Introduction  Current Position  New Provisions  What needs to be done  The Future

3. Current Position Royal Assent – 15 th November 2011 31 st March 2012 – Standards Board for England abolished. Awaiting supporting regulations and Commencement Orders. Expected between March and May 2012 Working towards adoption at full Council on 23 May 2012 Effective – 1 st July 2012

4. The New Provisions “Standards Board Regime” and all current legislation will be repealed Replaced with a new general duty to promote and maintain high standards of conduct by members and voting co-opted members Each “relevant authority” MUST adopt a Code of Conduct. Applies to Local Authority Members and Parish Councils

5. Code of Conduct Adoption at full Council and advertised “Acting in Capacity” still to be defined - narrower Code must be consistent with Nolan principles of: SelflessnessObjectivity IntegrityAccountability OpennessHonesty Leadership No National Code - ACSeS – draft Code

6. Disclosable Pecuniary Interests Members and Parish Councillors must register “disclosable pecuniary interests” – still to be defined within 28 days of being appointed or Code adopted Narrower - member and partner only

7. Disclosable Pecuniary Interest Cont. Interests Arising at Meetings If registered – declare you have an interest. If not registered – must state nature of interest and then report it to Monitoring Officer within 28 days In both cases: - must not participate in any discussions, or vote on the matter Need to leave the room. Public perception

8. Disclosable Pecuniary Interests Cont. Criminal Offence for failing to disclose – Fine up to £5000 and/or 5 year disqualification Prosecution by Director of Public Prosecution Public Register of Interest – Civic Centre and Website

9. Non Disclosable Pecuniary Interests Reflect 7 Nolan Principles Similar provisions as in existing code Await regulations before finalising

10. Standards Committee  Existing Committee will be dissolved  No statutory requirement to have a new Committee BUT need to deal with complaints and hearings  Exists to promote and maintain high standards of conduct for members

11. Standard Committee Cont.  New Committee  Must be proportionate  No requirement for Independent Members.  No requirement for Parish Council Members  No Independent Chair as no chair’s casting vote

12. Independent Person  Must appoint at least one IP who:  MUST be consulted before any finding that there has been a breach of the code of conduct  MAY be consulted by a member who is subject to a complaint.

13. Independent Person Cont  Appointed at Full Council following advertisement and application  It would seem that current Independent Members cannot be Independent Persons for SRBC  Options being looked at with other authorities.

14. Complaints  Investigation and Hearing Procedures need to be adopted by Council  Need for Council to delegate to Monitoring Officer and Standards Committee  Monitoring Officer and Leaders likely to take a big role in dealing with matters

15. Sanctions  No Statutory Power of Sanction under Act  Council need to delegate power to impose penalties  Penalties include :  Naming and Shaming  Removal from Committee or Sub Committee – (Leader)  Training  Removal from outside bodies/appointments  Withdrawal of facilities (proportionate)  Exclusion from Council Premises (as above – must have access to Council and Committee Meetings)

16. What needs to be done? Adopt Code – Adopt ACSeS model? Investigation and Hearing procedures required Clarify position with Parish Councils and assist them in the transition Appoint at least one independent person. Create new registers of interest Training and Communication

17. The Future Need Political “Buy in” Parish Councils Support Shorter Simpler Rules & Procedures More complaints dealt with informally Independent person – limited role Council – 23 rd May 2012

18. Conclusion Your Views? Interests – Do you favour a model code similar to SRBC code? Do you favour a single code of conduct across Lancashire if possible? Do you favour a Standards Committee or do you want to pass responsibility for standards to the Governance Committee?

19. Conclusion Cont  Do you wish to retain non-voting Co-optees – Independent? Parish?  What are your views about the suggested process for dealing with complaints about members?