Surcharge (sanction On Public Servant)
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Surcharge (sanction On Public Servant)
Prior to 2000 a local government officer or councillor in the United Kingdom, who had unlawfully spent public funds, or caused loss to a local authority through misconduct could be surcharged to recover public money. The surcharge was applied, after referral to a court by the Audit Commission. In the case of an illegal corporate decision by an elected body, all the councillors could be surcharged. Councillors from Lambeth London Borough Council and Liverpool City Council who were involved in the rate-capping rebellion in 1985 were surcharged. Councillors in the 1973 Clay Cross Urban District Council Housing Finance Act dispute were surcharged £685 (this is equivalent to £ today) for refusing to increase housing rent. The Committee on Standards in Public Life recommended repealing surcharge because it was unfair for local government officers and councillors, and "bore no relation to people's ability to pay or their culpability". The Local Government Act 2000 amended the Audit Co ...
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Audit Commission (United Kingdom)
The Audit Commission was a statutory corporation in the United Kingdom. The commission's primary objective was to appoint auditors to a range of local public bodies in England, set the standards for auditors and oversee their work. The commission closed on 31 March 2015, with its functions being transferred to the voluntary, not-for-profit or private sector. On 13 August 2010, it was leaked to the media, ahead of an official announcement, that the commission was to be scrapped. In 2009-10 the commission cost the central government £28 million to run, with the remainder of its income coming from audit fees charged to local public bodies. History The Audit Commission was established under the Local Government Finance Act 1982, to appoint auditors to all local authorities in England and Wales and it became operational on 1 April 1983. The National Health Service and Community Care Act 1990 extended the remit of the commission to cover health service bodies. Legislation cover ...
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Lambeth London Borough Council
Lambeth London Borough Council is the local authority for the London Borough of Lambeth in Greater London, England. It is a London borough council, and one of the 32 in the United Kingdom capital of London. The council meets at Lambeth Town Hall in Brixton. Lambeth is divided into 25 wards: thirteen are represented by 3 councillors and twelve are represented by 2. The council was first elected in 1964. History There have previously been a number of local authorities responsible for the Lambeth area. The current local authority was first elected in 1964, a year before formally coming into its powers and prior to the creation of the London Borough of Lambeth on 1 April 1965. Lambeth London Borough Council replaced Lambeth Metropolitan Borough Council and also took over some 40% of the area of the former Wandsworth Metropolitan Borough Council covering Streatham and Clapham. Both Metropolitan Boroughs were created in 1900 with Lambeth Metropolitan Borough Council replacing the Ves ...
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Liverpool City Council
Liverpool City Council is the governing body for the city of Liverpool in Merseyside, England. It consists of 90 councillors, three for each of the city's 30 wards. The council is currently controlled by the Labour Party and is led by Mayor Joanne Anderson. It is a constituent council of Liverpool City Region Combined Authority. History Liverpool has been a town since 1207 when it was granted its first charter by King John. It has had a town corporation (the Corporation of Liverpool) since before the 19th century, and this was one of the corporations reformed by the Municipal Corporations Act 1835. Municipal Council In 1835, Liverpool expanded into the village of Everton and then the township of Kirkdale in the 1860s. The corporation created a police force in 1836. Liverpool was granted city status in 1880. When elected county councils were established in 1889 under the Local Government Act 1888, Liverpool was one of the cities to become a county borough, and thus admin ...
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Rate-capping Rebellion
The rate-capping rebellion was a campaign within English local councils in 1985 which aimed to force the Conservative government of Margaret Thatcher to withdraw powers to restrict the spending of councils. The affected councils were almost all run by left-wing Labour Party leaderships. The campaign's tactic was that councils whose budgets were restricted would refuse to set any budget at all for the financial year 1985–86, requiring the government to intervene directly in providing local services, or to concede. However, all fifteen councils which initially refused to set a rate eventually did so, and the campaign failed to change government policy. Powers to restrict council budgets have remained in place ever since. Rising local government spending had long been a concern of central government, but direct powers to limit individual council budgets were controversial and some Conservative Party members opposed them. While the measure was passing through Parliament, internal d ...
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Clay Cross Urban District Council
Clay Cross was an Urban District in Derbyshire, England from 1894 to 1974.F A Youngs Jr., ''Guide to the Local Administrative Units of England, Vol II: Northern England'', London, 1991 It was created under the Local Government Act 1894. It was enlarged in 1935 when parts of the civil parishes of Pilsley, Stretton, Tupton and Woodthorpe were transferred to the district from Chesterfield Rural District. The district was abolished in 1974 under the Local Government Act 1972 and combined with Dronfield Urban District and Chesterfield Rural District (except the civil parish of Brimington) to form the new North East Derbyshire North East Derbyshire is a local government district in Derbyshire, England. It borders the districts of Chesterfield, Bolsover, Amber Valley and Derbyshire Dales in Derbyshire, and Sheffield and Rotherham in South Yorkshire. The population ... district. References Districts of England created by the Local Government Act 1894 Districts of Engl ...
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Committee On Standards In Public Life
The Committee on Standards in Public Life (CSPL) is an advisory non-departmental public body of the United Kingdom Government, established by John Major in 1994 to advise the Prime Minister on ethical standards of public life. It promotes a code of conduct called the Seven Principles of Public Life, also known as the Nolan principles after the first chairman of the committee, Lord Nolan. Function The Committee on Standards in Public Life is an independent advisory non-departmental public body, with a secretariat and budget provided by the Cabinet Office. The committee advises and makes recommendations to the prime minister on ethical standards in public life. It can conduct inquiries and collect evidence to assess institutions, policies and practices. It is formally responsible for: * advising the Prime Minister on ethical issues relating to standards in public life * conducting broad inquiries into standards of conduct * making recommendations as to changes in present arrangemen ...
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Local Government Act 2000
The Local Government Act 2000 (c.22) is an Act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are: * to give powers to local authorities to promote economic, social and environmental well-being within their boundaries * to require local authorities to shift from their traditional committee-based system of decision-making to an executive model, possibly with a directly elected mayor (subject to approval by referendum), and with a cabinet of ruling party group members * to create a consequent separation of functions with local authorities, with backbench councillors fulfilling an overview and scrutiny role * to introduce a revised ethical framework for local authorities, requiring the adoption of codes of conduct for elected members and standards committees to implement the codes of conduct; the introduction of a national Standards Board and Adjudication Panel to deal with complaints and to oversee disciplinar ...
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Audit Commission Act 1998
The Audit Commission was a statutory corporation in the United Kingdom. The commission's primary objective was to appoint auditors to a range of local public bodies in England, set the standards for auditors and oversee their work. The commission closed on 31 March 2015, with its functions being transferred to the voluntary, not-for-profit or private sector. On 13 August 2010, it was leaked to the media, ahead of an official announcement, that the commission was to be scrapped. In 2009-10 the commission cost the central government £28 million to run, with the remainder of its income coming from audit fees charged to local public bodies. History The Audit Commission was established under the Local Government Finance Act 1982, to appoint auditors to all local authorities in England and Wales and it became operational on 1 April 1983. The National Health Service and Community Care Act 1990 extended the remit of the commission to cover health service bodies. Legislation cover ...
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Standards Board For England
The Standards Board for England was a non-departmental public body sponsored by the Department for Communities and Local Government. Established under the Local Government Act 2000, it was responsible for promoting high ethical standards in local government. It oversaw the nationally imposed Code of Conduct (also now abandoned), which covered elected and co-opted members across a range of local authorities. The board maintained an independent national overview of local investigations into allegations that members' conduct might have fallen short of the required standards. In certain cases the board itself investigated allegations. It could not impose sanctions on members, but if it considered that further action might be necessary, it referred cases to the Adjudication Panel for England or to the relevant authority's own standards committee for determination. Standards committees (no longer compulsory since 2012) could suspend members for up to six months. The Adjudication Panel coul ...
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Adjudication Panel For England
The Adjudication Panel for England was an independent judicial tribunal set up under the Local Government Act 2000. Its role was to rule on alleged breaches of English local authorities' codes of conduct by elected members of those authorities. History and function The Panel was a non-departmental public body which ruled on complaints referred to it by the Standards Board for England. It was able to impose a range of penalties, ranging from a reprimand to disqualification from holding elected office for up to five years. The Chair of the Panel was Pensions Ombudsman, David Laverick. The Panel was abolished in January 2010 and its functions transferred to the First-tier Tribunal. At the time of the transfer, the President of the Adjudication Panel for England was appointed as a Principal Judge of the First-tier Tribunal, its legal members became tribunal Judges and its lay members became tribunal members. Controversial cases Ken Livingstone The Adjudication Panel came to promine ...
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First-tier Tribunal
The First-tier Tribunal is part of the courts and tribunals service of the United Kingdom. It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of 20 previously existing tribunals. It is administered by His Majesty's Courts and Tribunals Service. Chambers and jurisdiction The tribunal currently consists of seven chambers, structured around subject areas (although the General Regulatory Chamber has a very broad remit). The chambers may be divided into sections, mirroring the jurisdictions inherited from the tribunals which have been merged into the First-tier Tribunal. Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing. Judiciary The judiciary of the First-tier Tribunal comprises tribunal judges and other members. Legally qualified members of the former tribunals became Tribunal Judges of t ...
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Disgorgement (law)
Disgorgement is defined by '' Black's Law Dictionary'' as "the act of giving up something (such as profits illegally obtained) on demand or by legal compulsion." Overview Disgorgement is a remedy or penalty used in US securities law. For example, disgorgement of short-swing profits is the remedy prescribed by § 16(b) of the Securities Exchange Act of 1934. The second edition of ''American Jurisprudence'' states that: Although not labelled "disgorgement," recovery of profits from the wrongful use of a patent or copyright belonging to another person or entity has a long history in US law. The US Supreme Court, in ''Sheldon v. Metro-Goldwyn Pictures Corp.'', 309 U.S. 390, 399-400 (1940), stated: In ''Kokesh v. SEC'', 137 S. Ct. 1635 (2017), the US Supreme Court unanimously disagreed with the view of the Security and Exchange Commission (SEC) that disgorgement in the case was remedial but held that disgorgement payments to the SEC in the case were penalties. The decision r ...
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