Sanctions
Sanctions available to the Standards Commission for breach of the code
(a) censure – the Commission may reprimand the member but otherwise take no action against them;
(b) suspension - of the member for a maximum period of one year from attending one or more, but not all, of the following:
- i) all meetings of the public body;
- ii) all meetings of one or more committees or sub-committees of the public body;
- iii) all meetings of any other public body on which that member is a representative or nominee of the public body of which they are a member.
(c) suspension - for a period not exceeding one year, of the member’s entitlement to attend all of the meetings referred to in (b) above.
(d) disqualification - removing the member from membership of that public body for a period of no more than 5 years.
Where a member has been suspended, the Standards Commission may direct that any remuneration or allowance received from membership of that public body be reduced, or not paid.
Where the Standards Commission disqualifies a member of a public body, it may go on to impose the following further sanctions:
(a) where the member of a public body is also a councillor, the Standards Commission may disqualify that member (for a period of no more than 5 years) from being nominated for election as, or from being elected, a councillor. Disqualification of a councillor has the effect of disqualifying that member from their public body and terminating membership of any committee, sub-committee, joint committee, joint board or any other body on which that member sits as a representative of their local authority.
(b) direct that the member be removed from membership, and disqualified in respect of membership, of any other devolved public body (provided the members’ code applicable to that body is then in force) and may disqualify that person from office as the Water Industry Commissioner.
Full details of the sanctions are set out in Section 19 of the Act. Special provisions apply in respect of employees of public bodies.