A protocol on the discharge of the functions of the monitoring officer
A protocol on the discharge of the functions of the monitoring officer

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • A protocol on the discharge of the functions of the monitoring officer

Produced in partnership with Peter Keith-Lucas of Bevan Brittan

  1. 1

    Introduction

  2. This Protocol describes the principal functions of the Monitoring Officer and the manner in which the authority expects him/her to discharge those functions.

  3. 2

    Functions

    1. The principal functions of the Monitoring Officer shall be:

    2. 2.1

      to report to the Council and to the Executive in any case where he/she is of the opinion that any proposal, decision or proposal of the authority in respect of any ‘reportable incident’ (being any matter which, in his/her opinion, has given rise to or is likely to or would give rise to any illegality, maladministration or breach of statutory code under sections 5 and 5A of the Local Government and Housing Act 1989);

    3. 2.2

      to investigate any matter which he/she has reason to believe may constitute, or where he/she has received an allegation that a matter may constitute, a reportable incident or a failure to observe the authority’s Code of Conduct for Members;

    4. 2.3

      to act as the principal adviser to the authority’s Standards Committee;

    5. 2.4

      to maintain the Register of Members’ Interests;

    6. 2.5

      to act as the proper officer for the preparation, publication and retention of records of decisions taken by or on behalf of the Council and the Executive;

    7. 2.6

      responsibility for Complaints, Local Commissioner and Whistle-Blowing functions of