C8C13C3C7C1C10C4C2C14C9Part III Conduct of local government members and employees
Pt. 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)
Pt. 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)
Pt. 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
Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)
Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)
Pt. III functions made exercisable (E.) by joint standards committees (15.6.2009) by The Standards Committee (Further Provisions) (England) Regulations 2009 (S.I. 2009/1255), regs. 1(1), 14
Pt. 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)
Pt. III continued (with modifications) (14.12.2011) by The Police Reform and Social Responsibility Act 2011 (Commencement No. 3 and Transitional Provisions) Order 2011 (S.I. 2011/3019), art. 5
Pt. 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
C3C7C12C2C9Chapter I Conduct of members
Pt. III Ch. I applied (12.11.2009 for specified purposes, 1.10.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 151(7)(c), 324(1)(c)(d) (with ss. 172(3), 185); S.I. 2010/2195, art. 3(2)(b)
Standards of conduct
I1C649C7C2C9 Principles governing conduct of members of relevant authorities.
F181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F7....
F352A
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.
F422C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Before making an order under this section, the National Assembly for Wales must consult—
a
such representatives of relevant authorities F2... as it considers appropriate,
b
the F17Auditor General for Wales,
c
F26the 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 F21in Wales,
b
a county borough council,
F37ba
a corporate joint committee;
F9c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
a community council,
F40g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41l
a fire and rescue authority F25in 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,
F30m
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30n
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30na
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30nb
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30o
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F198
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.
I250C2C9 Model code of conduct.
F361
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F8... (also referred to in this Part as a model code of conduct).
3
The power under subsection F16... (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
b
may include provisions which are mandatory, and
c
may include provisions which are optional.
F244A
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.
F34C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F11... 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.
F126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3C5C1151 Duty of relevant authorities to adopt codes of conduct.
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.
F324A
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 F33..., 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) F38... 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
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.
F237A
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 F20or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 applies, is not to be a function to which F6that section or regulation, applies).
I452 Duty to comply with code of conduct.
1
F39Subject 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 F29in 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.
F341A
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 F14in relation to a relevant authority may include an undertaking by the declarant that F29in 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 F29in 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 F29in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
F155
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.
52AF28County and county borough councils: duties of leaders of political groups in relation to standards of conduct
1
A leader of a political group consisting of members of a county council or county borough council in Wales—
a
must take reasonable steps to promote and maintain high standards of conduct by the members of the group, and
b
must co-operate with the council's standards committee (and any sub-committee of the committee) in the exercise of the standards committee's functions.
2
In complying with subsection (1), a leader of a political group must have regard to any guidance about the functions under that subsection issued by the Welsh Ministers.
3
The Welsh Ministers may by regulations make provision for the purposes of this section about the circumstances in which—
a
members of a county council or county borough council in Wales are to be treated as constituting a political group;
b
a member of a political group is to be treated as a leader of the group.
4
Before making regulations under subsection (3), the Welsh Ministers must consult such persons as they think appropriate.
52ZAF31Duty to comply with code of conduct for corporate joint committees
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.
Pt. 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)