- Latest available (Revised)
- Point in Time (25/03/2022)
- Original (As enacted)
Version Superseded: 05/05/2022
Point in time view as at 25/03/2022.
Local Government Act 2000, Cross Heading: Standards of conduct is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F2....
[F3(2A)An order under subsection (1) must provide as respects each specified principle—
(a)that it applies to a person only when acting in an official capacity; or
(b)that it applies to a person only when not acting in an official capacity;
but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B).
(2B)A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
F4(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D)An order under subsection (2)—
(a)may specify principles which are to apply to a person at all times;
(b)may specify principles which are to apply to a person otherwise than at all times.]
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Before making an order under this section, the National Assembly for Wales must consult—
(a)such representatives of relevant authorities F6... as it considers appropriate,
(b)the [F7Auditor General for Wales],
(c)[F8the 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 [F9in Wales],
(b)a county borough council,
[F10(ba)a corporate joint committee;]
F11(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)a community council,
F12(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(l)a fire and rescue authority [F14in Wales] 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,]
F15(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(na). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(nb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(p)a National Park authority [F16in Wales] established under section 63 of the M1Environment 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.
[F17(8)In this Part, “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.]
Textual Amendments
F1S. 49(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F2Words in s. 49(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F3S. 49(2A)-(2D) inserted (31.1.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(1), 245(5) (with s. 183(5)-(11), 201); S.I. 2008/172, art. 5(1)(a)
F4S. 49(2C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F5S. 49(3)(4) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F6Words in s. 49(5)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F7Words 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
F8Words 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))
F9Words in s. 49(6)(a) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(a); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)
F10S. 49(6)(ba) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(2)(a)
F11S. 49(6)(c)-(e) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F12S. 49(6)(g)-(k) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(c), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F13S. 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
F14Words in s. 49(6)(l) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(d); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)
F15S. 49(6)(m)-(o) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(e), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F16Words in s. 49(6)(p) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 8(6)(f); S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)
F17S. 49(8) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(2)(b)
Modifications etc. (not altering text)
C1Pt. III savings for effects of 2005 c. 10, s. 38 (1.4.2006) by The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 (S.I. 2006/362), arts. 1(1), 4
C2Pt. III applied (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 9(3)
C3Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C4S. 49 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), regs. 1(1), 14(3) (with reg. 1(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
F18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities F19... (also referred to in this Part as a model code of conduct).
(3)The power under subsection F20... (2) to issue a model code of conduct includes power to revise any such model code which has been issued.
(4)A model code of conduct—
(a)must be consistent with the principles for the time being specified in an order under section F21... 49(2) F22...,
(b)may include provisions which are mandatory, and
(c)may include provisions which are optional.
[F23(4A)A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection—
(a)that the provision applies to a person only when acting in an official capacity; or
(b)that it applies to a person only when not acting in an official capacity;
but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).
(4B)A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
F24(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4E)A model code of conduct issued under subsection (2) may include—
(a)provisions which are to apply to a person at all times;
(b)provisions which are to apply to a person otherwise than at all times.]
(5)Before making an order under this section, F25... the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section.
F26(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18S. 50(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F19Words in s. 50(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F20Words in s. 50(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F21Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(a), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F22Words in s. 50(4)(a) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(5)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F23S. 50(4A)-(4E) inserted (31.1.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(2), 245(5) (with s. 183(5)-(11), 201); S.I. 2008/172, art. 5(1)(b)
F24S. 50(4C)(4D) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(6), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F25Words in s. 50(5) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(7), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F26S. 50(6)(7) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 9(8), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
Commencement Information
I2S. 50 wholly in force at 28.7.2001; s. 50 not in force at Royal Assent see s. 108; s. 50(2)-(7) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 50 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 50 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
(1)It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct).
(2)It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution—
(a)adopting a code of conduct in place of their existing code of conduct under this section, or
(b)revising their existing code of conduct under this section.
(3)A relevant authority may by resolution—
(a)adopt a code of conduct in place of their existing code of conduct under this section, or
(b)revise their existing code of conduct under this section.
(4)A code of conduct or revised code of conduct—
(a)must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority,
(b)may incorporate any optional provisions of that model code, and
(c)may include other provisions which are consistent with that model code.
[F27(4A)Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England F28..., the code must provide—
(a)that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or
(b)that it applies to a person only when not acting in an official capacity (within that meaning);
but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B).
(4B)A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code.
(4C)The provisions which may be included under subsection (4)(c) F29... include—
(a)provisions which are to apply to a person at all times;
(b)provisions which are to apply to a person otherwise than at all times.]
(5)Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection—
(a)they must comply with that duty as soon as reasonably practicable after the end of that period, and
(b)any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty.
(6)As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must—
(a)ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours,
(b)publish in one or more newspapers circulating in their area a notice which—
(i)states that they have adopted or revised a code of conduct,
(ii)states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and
(iii)specifies the address of that office, and
(c)send a copy of the code or revised code—
F30(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)F31... to the [F32Public Services Ombudsman for Wales ].
(7)Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area.
[F33(7A)But subsections (6)(a) and (b) and (7) do not apply in relation to a corporate joint committee.
(7B)As soon as reasonably practicable after adopting or revising a code of conduct under this section, a corporate joint committee must publish the code or revised code electronically.
(7C)A corporate joint committee must send a copy of its code to any member of the public who requests a copy, as soon as reasonably practicable after receiving the request.]
(8)A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate.
(9)A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the M2Local Government Act 1972 [F34or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021] applies, is not to be a function to which [F35that section or regulation, applies]).
Textual Amendments
F27S. 51(4A)-(4C) inserted (31.1.2008 for specified purposes) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(3), 245(5) (with s. 183(5)-(11), 201); S.I. 2008/172, art. 5(1)(c)
F28Words in s. 51(4A) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 259(2); S.I. 2012/2892, art. 2(i)
F29Words in s. 51(4C) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F30S. 51(6)(c)(i) repealed (31.1.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(3)(a), Sch. 25 Pt. 5; S.I. 2012/57, art. 5(1)(a)(c)(2)(b) (with arts. 6, 8)
F31Words in s. 51(6)(c)(ii) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 10(3)(b), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(d) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b)(c) (with arts. 3-6)
F32Words in s. 51(6)(c)(ii) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 3; S.I. 2005/2800, art. 5(1)(3) (with transitional provisions in S.I. 2006/362, art. 4)
F33S. 51(7A)-(7C) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(3)(a)
F34Words in s. 51(9) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(3)(b)(i)
F35Words in s. 51(9) substituted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(3)(b)(ii)
Modifications etc. (not altering text)
C5S. 51 modified (24.3.2005) by New Forest National Park Authority (Establishment) Order 2005 (S.I. 2005/421), art. 1, Sch. 4 para. 10
C6S. 51 applied (with modifications) (24.3.2010) by The South Downs National Park Authority (Establishment) Order 2010 (S.I. 2010/497), art. 1, Sch. 4 para. 10
Commencement Information
I3S. 51 wholly in force at 28.7.2001; s. 51 not in force at Royal Assent see s. 108; s. 51 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 51 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
(1)[F36Subject to subsection (1A), a person] who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—
(a)must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51, and
(b)if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
[F38(1A)This section does not apply in the case of a member or co-opted member of a corporate joint committee (as to which see section 52ZA). ]
(2)The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the M3Local Government Act 1972 [F39in relation to a relevant authority] may include an undertaking by the declarant that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.
(3)A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.
(4)A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that [F37in performing his functions] he will observe the authority’s code of conduct for the time being under section 51.
[F40(5)In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—
(a)the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and
(b)the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.]
Textual Amendments
F36Words in s. 52(1) substituted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(4)(a)
F37Words in s. 52(1)-(4) repealed (31.1.2008 for W.) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 183(4), 245(5), Sch. 18 Pt. 15 (with s. 183(5)-(11), 201); S.I. 2008/172, arts. 2(1)(u)(iii), 5(2)
F38S. 52(1A) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(4)(b)
F39Words in s. 52(2) inserted (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 11; S.I. 2012/1463, art. 5(a) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(b) (with arts. 3-6)
F40S. 52(5) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 184(2), 245(5) (with s. 201); S.I. 2008/172, art. 2(1)(i)
Commencement Information
I4S. 52 wholly in force at 28.7.2001; s. 52 not in force at Royal Assent see s. 108; s. 52 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 52 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)
Marginal Citations
(1)A person who is a member or co-opted member of a corporate joint committee must observe a code of conduct adopted by the corporate joint committee under section 51, including a code revised under subsection (3)(b) of that section.
(2)In relation to a corporate joint committee whose members or co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1) to the code of conduct adopted by the corporate joint committee includes the mandatory provisions which for the time being apply to the members or co-opted members of the corporate joint committee.]
Textual Amendments
F41S. 52ZA inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 3(5)
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