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Section 23(12A) of the Local Government Act 1974 permits the Commission for Local Administration in Wales to publish advice and guidance to authorities about good administrative practice. Information relating to this follows.
SOME PRINCIPLES OF GOOD ADMINISTRATIVE PRACTICE
- Formulate and publish clear policies.
- Policies or criteria should be published so that everyone knows what they are.
- Policies, once adopted and published, should be applied consistently and objectively.
- Having said that published policies must be applied consistently and objectively, nevertheless, the particular circumstances of each case should be looked at, and where there is good reason for making an exception the reasons for making such an exception should be recorded. An authority must not fetter its discretion.
- Before making a decision regard should be had to the relevant law, circulars and codes of practice
- Authorities should give proper consideration to the views of consultees.
- If it is intended to act under delegated powers, officers should ensure that they have such delegated authority which is properly recorded.
- Before making a decision authorities should establish all the relevant and material facts. Irrelevant considerations should not be taken into account.
- An officer's report to committee should be accurate, deal with all relevant points and preferably, particularly on a complex issue, be in writing.
- Care needs to be taken when allowing a particular facility to one of several parties to an issue, for example an applicant for planning permission, to address a meeting. There may be a need to give an equal opportunity to others such as objectors in order to avoid unfairness.
- The action taken in a particular case should not be disproportionate or wholly unfair and unreasonable.
- Authorities should give reasons for decisions, particularly if the decision is a departure from policy or normal practice, otherwise the decision may appear arbitrary and biased.
- If there is a right of appeal against a decision, those affected should be told.
- Members and officers alike should have a clear notion of what is acceptable and what is not acceptable conduct, and should be familiar with the relevant rules and codes on standards of conduct.
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