Standards Regime Implementation Timetable - Press Release

1. ACSeS was pleased on 22 December 2011 to receive a letter from the Department for Communities and Local Government (CLG) which responded positively to the concerns expressed by the Association on the impracticability of 1 April 2012 as a proposed commencement date for the new standards regime (as contained in Chapter 7 of Part 1 of the Localism Act).
2. CLG indicated that (although as previously announced) ‘the Government expects the Standards Board for England will cease its regulatory functions on 31 January 2012, and that the Board will be abolished no later than 31 March 2012’, nevertheless:
   ‘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.’
3. From 1 July onward, said CLG ‘. . .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.’
4. And ‘. . .1 July will also see the new standards arrangements, which 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’.
5. ACSeS was very pleased that CLG has recognised the appropriateness of such a timetable ‘‘. . .given the timing of councils’ elections and annual meetings.’
6. For the timetable, said CLG, ‘also recognises that local authorities will have to take action to implement the changes to the standards arrangements’:
   ‘For example, authorities will need sufficient time to adopt any new code and procedures.  Moreover, 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.
7. 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’. 
8. ACSeS 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'.
9. The text of the letter from CLG is annexed.

Notes for Editors

1. ACSeS represents Chief and Senior Legal Officers of all English and Welsh local authorities and is the professional association for managers of corporate governance (legal, administrative, democratic, scrutiny and standards functions) and statutory monitoring officers and their deputies in local authorities in England and Wales.
2. The Association plays a leading role in developing governance arrangements in local government and works closely with other associations, Government Departments and agencies.
3. The Association also provides a network for its members to enable discussion, consultation, training and development on legal and governance matters.
4. Philip McCourt, who was elected President of ACSeS at its Annual General Meeting on 17 November 2011, is Assistant Director – Law and Governance with Milton Keynes Council.

Text of Letter of 22 December 2011 from Paul Rowsell, Deputy Director – Democracy at the Department for Communities and Local Government to Philip McCourt, President of the Association of Council Secretaries and Solicitors

22 December 2011 

Philip McCourt
President
ACSeS
Afon Building
Worthing Road
Horsham
West Sussex
RH12 1TL
Our Ref: 
Your Ref: 

Dear Mr McCourt,

New standards and conduct arrangements for local authority members

I am writing about how Ministers are minded to introduce the new standards and conduct arrangements for local authority members created by the Localism Act 2011, and to invite your association to discuss with us the practical details of implementing these new arrangements.

As has been announced in Parliament, the Government expects the Standards Board for England will cease its regulatory functions on 31 January 2012, and that the Board will be abolished no later than 31 March 2012.  Any complaints being dealt with by the Board on that date will be transferred back to the authority that originated the complaint.   The local authority in question will then be under an obligation to handle the case using the local elements of the current regime, namely the statutory standards committee. 

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.

From 1 July forward, 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.  1 July will also see the new standards arrangements, which 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.

Such a timetable would seem appropriate given the timing of councils’ elections and annual meetings.  It also recognises that local authorities will have to take action to implement the changes to the standards arrangements.  For example, authorities will need sufficient time to adopt any new code and procedures.  Moreover, 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.  Finally, principal authorities will have to put in place, and agree, arrangements with parish councils for both a code and register of interest related activity. 

We would welcome the opportunity to discuss the implementation of the new arrangements with your association early in the New Year; please let either Steve McAllister (stephen.mcallister@communities.gsi.gov.uk) or Rosalind Kendler (rosalind.kendler@communities.gsi.gov.uk) have details about whom to contact to make arrangements for this.

I am writing in similar terms to the Local Government Association, the National Association of Local Councils and the Society of Local Authority Chief Executives, and am copying this letter for information to Tim Leslie, Chief Executive of Standards for England.

Yours sincerely,

Paul Rowsell

For all Press Enquiries, please contact our Communications Officer: Dr. Nicholas Dobson (nicholas.dobson@pannone.co.uk)