Part III U.K. Conduct of local government members and employees

Modifications etc. (not altering text)

C1 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)

C2 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)

C3 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)

C4 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

C5 Pt. III applied (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(5)

Chapter V E+W Supplementary

Code of conduct for local government employees E+W

82 Code of conduct for local government employees. E+W

(1) The Secretary of State may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in England and police authorities in Wales.

(2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in Wales (other than police authorities).

(3) The power under subsection (1) or (2) to issue a code includes power—

(a) to issue a separate code for council managers (within the meaning of Part II of this Act), and

(b) to revise any code which has been issued.

(4) Before making an order under this section, the Secretary of State must consult—

(a) such representatives of relevant authorities in England, and of employees of such authorities, as he considers appropriate,

(b) the Audit Commission, and

(c) the Commission for Local Administration in England.

(5) 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, and of employees of such authorities, as he considers appropriate,

[F1 (aa) the Auditor General for Wales,]

(b) [F2 the Public Services Ombudsman for Wales ], and

(c) the National Assembly for Wales.

(6) Before making an order under this section, the National Assembly for Wales must consult—

(a) such representatives of relevant authorities in Wales, and of employees of such authorities, as it considers appropriate,

(b) the [F3 Auditor General for Wales], and

(c) [F4 the Public Services Ombudsman for Wales ].

(7) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being under this section which is applicable.

(8) In this section “qualifying employee”, in relation to a relevant authority, means an employee of the authority other than an employee falling within any description of employee specified in regulations under this subsection.

(9) The power to make regulations under subsection (8) is to be exercised—

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the National Assembly for Wales.

Textual Amendments

F1 S. 82(5)(aa) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 55(1)(2); S.I. 2005/558, art. 2, Sch. 1

F2 Words in s. 82(5)(b) 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. 23; S.I. 2005/2800, arts. 4(1)(d)(2), 5(1) (with art. 4(3))

F3 Words in s. 82(6)(b) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 55(1)(3); S.I. 2005/558, art. 2, Sch. 1

F4 Words in s. 82(6)(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. 23; S.I. 2005/2800, arts. 4(1)(d)(2), 5(1) (with art. 4(3))

Commencement Information

I1 S. 82 wholly in force at 28.7.2001; s. 82 not in force at Royal Assent see s. 108; s. 82(2)(3)(6)(8)(9) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 82 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 82 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)