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Change 1
As published
103F Action on finding of failure, negligence or misconduct
(1) Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—
(a) any item of account is contrary to law;
(b) there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;
(c) any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;
(d) any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,
they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.
(2) The sanctions which may be imposed under subsection (1) above are—
(a) censuring, but otherwise taking no action against, an officer or member of the authority;
(b) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—
(i) all meetings of the local authority;
(ii) all meetings of one or more committees or sub-committees of the local authority;
(iii) all meetings of any other body on which the member is a representative or nominee of the local authority;
(c) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;
(d) disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.
(3) In the case of a local authority, the Commission may—
(a) make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;
(b) include in its findings any recommendations arising from those findings which the Commission think fit.
(4) A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.
(5) Disqualification imposed under subsection (2)(d) above—
(a) has the effect of vacating the member’s office; and
(b) extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.
(6) The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.
(7) Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
(8) A local authority shall give effect to any direction to them made in an order under subsection (7) above.
Your change, as a redline
103F Action on finding of failure, negligence or misconduct
(1) Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—
(a) any item of account is contrary to law;
(b) there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;
(c) any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;
(d) any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,
they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.
(2) The sanctions which may be imposed under subsection (1) above are—
(a) censuring, but otherwise taking no action against, an officer or member of the authority;
(b) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—
(i) all meetings of the local authority;
(ii) all meetings of one or more committees or sub-committees of the local authority;
(iii) all meetings of any other body on which the member is a representative or nominee of the local authority;
(c) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;
(d) disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.
(3) In the case of a local authority, the Commission may—
(a) make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;
(b) include in its findings any recommendations arising from those findings which the Commission think fit.
(4) A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.
(5) Disqualification imposed under subsection (2)(d) above—
(a) has the effect of vacating the member’s office; and
(b) extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.
(6) The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.
(7) Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
(8) A local authority shall give effect to any direction to them made in an order under subsection (7) above.
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