Statutory Role of the Monitoring Officer
The Local Government and Housing Act 1989 made provision for the appointment of Monitoring Officers and placed a duty on Councils to designate one of their officers for this role. A Monitoring Officer may be the Head of the Authority’s paid service but must not be its Chief Finance Officer. Many Local Authorities have chosen to designate their Chief Legal Officer as their Monitoring Officer.
Section 5 of the 1989 Act sets out the role of Monitoring Officers. Under this provision the officer is required to prepare a report for the consideration of the full Council if any proposal, decision or omission by the Council, or by any committee, sub-committee or officer, is believed by the Monitoring Officer to contravene any legislation or code of practice.
The report must be sent to all Councillors, and the Council must consider the report within 21 days. In the meantime, the Council is obliged to ensure that no step is taken for giving effect to any proposal or decision to which the report relates pending the consideration of the report.
Related External Links
Unified Solutions.