The Local Commissioner in Wales (Standards Investigations) Order 2001

Contents

Article 1Name, commencement, application and interpretation#

(1)The name of this Order is the Local Commissioner in Wales (Standards Investigations) Order 2001 and it shall come into force on 28th July 2001.

(2)This Order applies in Wales only.

(3)In this Order —• “the 1974 Act” (“Deddf 1974”) means the Local Government Act 1974,• “the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000.

Article 2Application of provisions of the 2000 Act#

For the purposes of investigations under section 69 of the 2000 Act the provisions of that Act as listed in Schedule 1 to this Order shall apply as if any reference in those provisions to —

(a)an ethical standards officer were a reference to a Local Commissioner in Wales;

(b)the Standards Board for England were a reference to the Commission for Local Administration in Wales;

(c)England were a reference to Wales;

(d)section 59 were a reference to section 69; and

(e)the Secretary of State were a reference to the National Assembly for Wales.

Article 3Application of provisions in the 2000 Act with modifications#

For the purposes of investigations under section 69 of the 2000 Act the provisions of that Act as listed in Schedule 2 to this Order shall apply subject to the modifications shown in that Schedule.

Article 4Application of provisions in the 1974 Act with modifications#

For the purposes of investigations under section 69 of the 2000 Act the provisions of the 1974 Act as listed in Schedule 3 to this Order shall apply subject to the modifications shown in that Schedule.

Article 5Law of Defamation#

(1)For the purposes of the law of defamation, any statement (whether written or oral) made by a designated officer in connection with the exercise of functions under Part III of the 2000 Act shall be absolutely privileged.

(2)“designated officer” in paragraph (1) means any person designated in writing by a Local Commissioner.

Schedule 1 · Application of Provisions of the 2000 Act

Schedule 2 · Application of Provisions in the 2000 Act with modifications

(1)Section 60(6) of the 2000 Act (Conduct of Investigations) shall apply as if —

(a)the words “an ethical standards officer” were replaced by the words “a Local Commissioner in Wales”; and

(b)the words “or paragraph 3(2) of Schedule 4 or any breach falling within paragraph 3(3) of that Schedule.” were replaced by the words “paragraph 1(1) and (2) of Schedule 4 of the Local Government Act 1974.”

(2)Section 62(4) of the 2000 Act (Investigations: further provisions) shall apply as if —

(a)the words “An ethical standards officer” were replaced by the words “A Local Commissioner in Wales”; and

(b)in paragraph (a) the words “the National Assembly for Wales or” were inserted after “the authority concerned and”.

(3)Section 63(2) of the 2000 Act (Restrictions on disclosure of information) shall apply as if —

(a)the words “The Secretary of State” were replaced by the words “The National Assembly for Wales”;

(b)the word “England” were replaced by the word “Wales”;

(c)the words “any ethical standards officer” were replaced by the words “a Local Commissioner in Wales”; and

(d)the words “his or (as the case may be)” were deleted.

Schedule 3 · Application of Provisions in the 1974 Act with modifications

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