Any public or private body wishing to provide training related to the exercise of the mandate of local elected representatives is required to obtain prior approval issued by the minister responsible for local authorities after receiving the reasoned opinion of the national council for the training of local elected representatives.
The granting of this approval is subject to the condition that the person who practises on an individual basis or who directs or manages the legal entity practising the training activity has not been convicted of a criminal offence or an unsuspended prison sentence, handed down within the last ten years and entered in bulletin no. 2 of the criminal record or, for foreign nationals, in an equivalent document, for reasons incompatible with the training activity in question.
The training courses offered by the body must comply with the directory of training courses related to the exercise of the mandate drawn up in application of articles L. 1221-1 and L. 1221-2.
The obligations of holders of an approval are defined by the minister responsible for local authorities, who may be provided with any document enabling compliance with them to be verified. To this end, the holder of an approval sends an annual activity report relating to the training of elected representatives to the minister responsible for local authorities and to the national council for the training of local elected representatives.
An accredited public or private body that intends to carry out a training contract from which local elected representatives may benefit may, under its own responsibility, only subcontract the performance of the services under its contract to a body that also holds accreditation, up to a ceiling expressed as a percentage of the total amount of the educational costs of the training, set by order of the Minister responsible for local authorities. The services provided under the contract may, however, be carried out, in whole or in part, by a natural person who does not hold an authorisation and who carries out a training activity on an individual basis. The procedures for the implementation of subcontracting by approved training bodies are determined by decree in the Conseil d’Etat.
The performance of training related to the exercise of the mandate of local elected representatives may only be entrusted by an approved body to first-rate subcontractors.
The training body’s approval may be suspended as a precautionary measure for a maximum period of four months, after formal notice has not been followed by action, by the minister responsible for local and regional authorities when the latter finds one of the following situations:
– the holder of the authorisation does not comply with all the obligations incumbent on it by virtue of holding the authorisation;
– it no longer meets the criteria set for obtaining the authorisation;
– it has committed acts likely to cast serious doubt on the regularity of its governance or management, or on the reality or quality of its training services ;
-the annual activity report referred to in the fourth paragraph of this article does not show any training activity or has not been sent to the minister responsible for local authorities and to the national council for the training of local elected representatives.
It immediately refers the matter to the national council for the training of local elected representatives for an opinion on the maintenance or withdrawal of approval. After receiving the latter’s opinion and before the expiry of the period of suspension of approval decided in application of this paragraph, it shall decide whether to maintain or withdraw approval. The training organisation whose approval has been withdrawn may not apply for the issue of a new approval before the expiry of a period of one year from the date of notification of this decision.
The detailed rules for the application of this article are laid down by decree in the Council of State.
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