Implementation of new standards regime delayed until 1st July 2012
The implementation of the new standards regime under the Localism Act 2011 has been delayed until July, the Department for Communities and Local Government (DCLG) has announced.
In a letter to the Association of Council Secretaries and Solicitors (ACSeS), the DCLG wrote that while the Standards Board for England would still cease to regulate member standards form 31st January 2012, “we envisage that the remaining local elements of the current regime, including statutory standards committees with the power to suspend councillors, will be abolished on 1 July 2012”.
The DCLG was replying to concerns expressed by ACSeS that the original implementation date of 1st April for the new regime was impracticable, in part due to the timing of council elections and meetings in the spring.
From 1 July onward, the DCLG said, all standards matters – including consideration and determination of outstanding complaints made during the period the Standards Board regime was operating - will be the responsibility of local authorities, to be handled under the new arrangements. These include a ‘Nolan-based’ code, the involvement of an independent person in allegations of misconduct, and a new criminal offence for failing to declare or register interests, coming into force.
DCLG said that it recognised that local authorities will need sufficient time to adopt any new code and procedures. “They will need time to advertise for and then appoint an ‘independent person’ and put in place arrangements for handling allegations of breaches of their code,” it said. “and principal authorities will have to put in place, and agree, arrangements with parish councils for both a code and register of interest related activity’.
ACSeS said that it was very pleased that the DCLG has recognised the need to amend the timetable. Its President, Philip McCourt said: “This is a very welcome and sensible decision bearing in mind the practicalities of annual council meetings and the need for authorities across the country to make proper and effective arrangements to institute the new standards regime.
“ACSeS had raised with the Department concerns surrounding the practicality of the initial proposed commencement date of 1 April 2012. It is therefore very gratifying that Ministers have not only apparently listened to these concerns but have also been able to respond positively in addressing them. ACSeS therefore now looks forward to future constructive dialogue with the Department on relevant issues of law and governance affecting its members' authorities.”
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