C1C2C3C4C5C6Part 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)
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.
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)