The functions and jurisdictions of the Adjudication Panel for Wales are set out below:
References from the Public Services Ombudsman for Wales
The Public Services Ombudsman for Wales (PSOW) may conduct an investigation under section 69 of the Local Government Act 2000 into whether a member or co-opted member of a “relevant authority” has failed to comply with the authority’s code of conduct. Where there is a finding under section 69(4)(d) that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales (the Panel) for adjudication by a tribunal falling within section 76(1), the PSOW may refer that matter to the president of the Panel under section 71(3).
Where the PSOW produces an interim report under section 72 containing a recommendation in accordance with section 72(3), the PSOW must refer the matter to the president of the Panel under section 72(4) for adjudication by a tribunal falling within section 76(2).
Adjudications in respect of matters referred to the president of the Panel by the PSOW under sections 71(3) and 72(4) are to be conducted by case tribunals and interim case tribunals respectively. The powers of the tribunals are set out in sections 76 to 80, (adjudications, decisions and recommendations).
Appeals against standards committee decisions
Where the PSOW makes a finding under section 69(4)(c) that the matter should be referred to the monitoring officer of the authority concerned, he must refer the matter to the monitoring officer of the authority concerned under section 71(2). Where the PSOW ceases an investigation before completion, he may refer the matter under section 70(4) to the monitoring officer of the authority concerned.
In accordance with Regulations under section 73 (Local Government Investigations (Functions of Monitoring Officers and Standards Committees (Wales) Regulations 2001) (SI 2001/2281), where a matter is referred to the monitoring officer under section 70(4) or 71(2), the authority’s monitoring officer may make recommendations to the Standards Committee which will make a determination. Under regulations 10 and 11 of those Regulations, appeals against a determination of a Standards Committee may be made to an appeals tribunal drawn from the Panel.
Regulations governing the jurisdiction of the Adjudication Panel for Wales are:
The Local Government Act 2000 (Sections 71-79)
Available to view online and in printed format from the official website for UK legislation (external link).
The Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 No. 2288 (W. 176) (amended by the Local Authorities (Case and Interim Case Tribunals and Standards Committees) (Amendment) (Wales) Regulations 2009, SI 2009/2578)
Available to view online and in printed format from the official website for UK legislation (external link).
The Local Authorities (Model Code of Conduct)(Wales)(Amendment) Order 2016 No. 84 (W. 38)
Available to view online and in printed format from the official website for UK legislation (external link).
Local Government Investigations (Functions of Monitoring Officers and Standards Committees)(Wales) Regulations 2001 No. 2281 (W. 171)
Available to view online and in printed format from the official website for UK legislation (external link).
The Local Government (Standards Committees, Investigations, Dispensations and referral)(Wales)(Amendment) Regulations 2016 No.85 (W. 39)
Available to view online and in printed format from the official website for UK legislation (external link).