Agenda item

(A)       The Localism Act 2011 received Royal Assent on 15 November 2011 and, once fully brought into force, will abolish the current standards regime under the Local Government Act 2000.

The Department for Communities and Local Government (DCLG) envisages that the new standards regime provided for in the Act will come into force on 1 July 2012. In line with the requirements of the Act, the Court of Common Council must adopt and publicise a code dealing with the conduct that is expected of Members and Co-opted Members. Under the Act, the City Corporation is required to appoint at least one Independent Person whose views:

(i)            must be sought, and taken into account, by the City Corporation before it makes its decision on an allegation that it has decided to investigate;

(ii)           may be sought by the City Corporation in relation to an allegation in other circumstances; and

(iii)       may be sought by a member against whom an allegation has been made.

The Independent Person/s must not have been a Member, Co-opted Member or Officer of the City Corporation in the last five years, nor be a relative or close friend of a Member, Co-opted Member or Officer.  The current legal advice obtained by the Association of Council Secretaries and Solicitors (ACSeS) is that the Independent Members of the existing Standards Committee are not eligible. 

The selection procedure, as below, will be followed for the appointment of all future Independent Person/s to support the City Corporation’s new standards arrangements:

(a) The placing of an advert to be consistent with other appointment processes that are followed by the City Corporation when appointing independent external representatives to formal decision-making bodies.

(b) The Selection Panel is authorised to shortlist and interview applicants for the role of Independent Person/s, and shall comprise of the Chairman of the General Purposes Committee of Aldermen, the Chief Commoner and the Chairman of the Policy and Resources Committee, or their representatives. 

(c) Following any recommendations by the Selection Panel, the Policy and Resources Committee shall consider the appointment and make a recommendation to the Court of Common Council. Approval of any recommended appointments, in advance of the anticipated 1 July 2012 implementation date, will take place following consideration of a report to the Court of Common Council on 21 June 2012.

In order to ensure that the City Corporation can continue to fulfil its statutory responsibilities as of 1 July 2012, urgent approval of the recruitment process in respect of appointments to the role of Independent Person/s was required.

We therefore report action taken as a matter of urgency pursuant to Standing Order No.19.

(A)       The Localism Act 2011 received Royal Assent on 15 November 2011 and, once fully brought into force, will abolish the current standards regime under the Local Government Act 2000.

The Department for Communities and Local Government (DCLG) envisages that the new standards regime provided for in the Act will come into force on 1 July 2012. In line with the requirements of the Act, the Court of Common Council must adopt and publicise a code dealing with the conduct that is expected of Members and Co-opted Members. Under the Act, the City Corporation is required to appoint at least one Independent Person whose views:

(i)            must be sought, and taken into account, by the City Corporation before it makes its decision on an allegation that it has decided to investigate;

(ii)           may be sought by the City Corporation in relation to an allegation in other circumstances; and

(iii)       may be sought by a member against whom an allegation has been made.

The Independent Person/s must not have been a Member, Co-opted Member or Officer of the City Corporation in the last five years, nor be a relative or close friend of a Member, Co-opted Member or Officer.  The current legal advice obtained by the Association of Council Secretaries and Solicitors (ACSeS) is that the Independent Members of the existing Standards Committee are not eligible. 

The selection procedure, as below, will be followed for the appointment of all future Independent Person/s to support the City Corporation’s new standards arrangements:

(a) The placing of an advert to be consistent with other appointment processes that are followed by the City Corporation when appointing independent external representatives to formal decision-making bodies.

(b) The Selection Panel is authorised to shortlist and interview applicants for the role of Independent Person/s, and shall comprise of the Chairman of the General Purposes Committee of Aldermen, the Chief Commoner and the Chairman of the Policy and Resources Committee, or their representatives. 

(c) Following any recommendations by the Selection Panel, the Policy and Resources Committee shall consider the appointment and make a recommendation to the Court of Common Council. Approval of any recommended appointments, in advance of the anticipated 1 July 2012 implementation date, will take place following consideration of a report to the Court of Common Council on 21 June 2012.

In order to ensure that the City Corporation can continue to fulfil its statutory responsibilities as of 1 July 2012, urgent approval of the recruitment process in respect of appointments to the role of Independent Person/s was required.

We therefore report action taken as a matter of urgency pursuant to Standing Order No.19.

            Received.