C1C2C3C4C5C6Part III Conduct of local government members and employees

Annotations:

C3C4Chapter I Conduct of members

Standards of conduct

I1C749C4 Principles governing conduct of members of relevant authorities.

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).

F62A

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.

2C

An order under subsection (1) may define, for the purposes of the order—

  • “official capacity”; and

  • “criminal offence”.

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.

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,

F2aa

the Auditor General for Wales,

b

F4the 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

F5the 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,

F1l

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.