438HAEnforcement of performance improvement order against councillor

438HA Enforcement of performance improvement order against councillor

438HA Enforcement of performance improvement order against councillor

(1) The Departmental Chief Executive may (and must at the request of the Minister) arrange for a departmental report to be prepared as to whether a councillor has failed to take action as required by a performance improvement order.

(2) The Minister may, on receipt of a departmental report finding that a councillor has failed to take action as required by a performance improvement order, issue a compliance order to the councillor.

(3) A compliance order—

(a) must identify the action that the councillor is required to take by a performance improvement order but has failed to take, and

(b) must, if the councillor is to be allowed to use council facilities, or be paid any amount, for the purposes of the councillor taking that action, specify the extent to which the councillor may use council facilities or the amount that may be paid (as the case requires), and

(c) must specify the period (not exceeding 3 months) for which it is to remain in force.

(4) The Minister may, by written notice to the councillor, extend the period for which a compliance order remains in force, but not so that the order remains in force for a total period of more than 6 months.

(5) Before issuing a compliance order to a councillor, the Minister is to—

(a) give the councillor written notice—

(i) specifying the action that the councillor has failed to take as required by a performance improvement order, and

(ii) specifying that the Minister proposes to issue a compliance order to the councillor, and

(iii) inviting the councillor to make submissions within a specified period (of not less than 7 days) about why the order should not be made, and

(b) consider any submissions made by the councillor in accordance with the notice.

(6) The Minister is to withdraw a compliance order if satisfied that the councillor has taken the action specified in the compliance order.

(7) While a compliance order is in force against a councillor, the councillor—