The Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004

Amendment to the 2001 Order

3.  After Article 3 of the 2001 Order insert —

“Provisions to be disapplied

4.— (1) Where a relevant authority which is a county, county borough or community council or fire authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the relevant authority, be disapplied as respects that authority —

(a) sections 94 to 98 and 105 of the Local Government Act 1972(1);

(b) section 30(3A) of the Local Government Act 1974(2);

(c) any regulations made or code issued under sections 19 and 31 of the Local Government and Housing Act 1989(3).

(2) Where a relevant authority which is a National Park authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the relevant authority be disapplied as respects that authority —

(a) paragraphs 9 and 10 of Schedule 7 to the Environment Act 1995; and

(b) sections 19 and 31 of the Local Government and Housing Act 1989.

(3) Section 16(1) of the Interpretation Act 1978(4) shall apply to a disapplication under paragraph (1) or (2) above as if it were a repeal, by an Act, of an enactment.”.

(1)

1972 c. 70.

(2)

1974 c. 7.

(3)

1989 c. 42.

(4)

1978 c. 30.