Modifications etc. (not altering text)
C1Pt. III applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 14(1)
C2Pt. III applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 14(1)
C3Pt. III applied (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 9(3)
(1)The Secretary of State may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in England and police authorities in Wales.
(2)The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in Wales (other than police authorities).
(3)Before making an order under this section, the Secretary of State must consult—
(a)such representatives of relevant authorities in England as he considers appropriate,
(b)the Audit Commission,
(c)the Commission for Local Administration in England, and
(d)such other persons (if any) as he considers appropriate.
(4)Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—
(a)such representatives of police authorities in Wales as he considers appropriate,
[F1(aa)the Auditor General for Wales,]
(b)[F2the Public Services Ombudsman for Wales], and
(c)the National Assembly for Wales.
(5)Before making an order under this section, the National Assembly for Wales must consult—
(a)such representatives of relevant authorities in Wales as it considers appropriate,
(b)the [F3Auditor General for Wales],
(c)[F4the Public Services Ombudsman for Wales], and
(d)such other persons (if any) as it considers appropriate.
(6)In this Part “relevant authority” means—
(a)a county council,
(b)a county borough council,
(c)a district council,
(d)a London borough council,
(e)a parish council,
(f)a community council,
(g)the Greater London Authority,
(h)the Metropolitan Police Authority,
(i)the London Fire and Emergency Planning Authority,
(j)the Common Council of the City of London in its capacity as a local authority or police authority,
(k)the Council of the Isles of Scilly,
[F5(l)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,]
(m)a police authority,
(n)a joint authority established by Part IV of the M1Local Government Act 1985,
(o)the Broads Authority, or
(p)a National Park authority established under section 63 of the M2Environment Act 1995.
(7)In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—
(a)is a member of any committee or sub-committee of the authority, or
(b)is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.
Textual Amendments
F1S. 49(4)(aa) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 53(1)(2); S.I. 2005/558, art. 2, Sch. 1
F2Words in s. 49(4)(b) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 2(a); S.I. 2005/2800, arts. 4(1)(a)(2), 5(1)(3) (with art. 4(3))
F3Words in s. 49(5)(b) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 53(1)(3); S.I. 2005/558, art. 2, Sch. 1
F4Words in s. 49(5)(c) substituted (12.10.2005 for specified purposes, 1.4.2006 in so far as not already in force) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 2(b); S.I. 2005/2800, arts. 4(1)(a)(2), 5(1)(3) (with art. 4(3))
F5S. 49(6)(I) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 94; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
Commencement Information
I1S. 49 wholly in force at 28.7.2001; s. 49 not in force at Royal Assent see s. 108; s. 49(2)(5)(6)(a)(b)(f)(l)(m)(p)(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 49 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 49 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations