C6C9C3C5C1C8C4C2C10C7Part III Conduct of local government members and employees

Annotations:
Modifications etc. (not altering text)
C1

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

C8

Pt. III applied (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(8)

C4

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

C5C7Chapter V Supplementary

Interpretation

I183C7 Interpretation of Part III.

1

In this Part—

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “case tribunal” has the meaning given by section 76(1),

  • “code of conduct” means a code of conduct under section 51,

  • F12“constituent council”, in relation to a corporate joint committee, has the meaning given by section 71(7),

  • “co-opted member” has the meaning given by section 49(7),

  • F12“corporate joint committee” has the meaning given by section 49(8),

  • “elected mayor” and “elected executive member” have the meaning given by section 39(1) and (4),

  • F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “executive” is to be construed in accordance with section 11,

  • “executive arrangements” has the meaning given by section 10,

  • F6...

  • “interim case tribunal” has the meaning given by section 76(2),

  • F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “model code of conduct” is to be construed in accordance with section 50 F9... (2),

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “relevant authority” has the meaning given by section 49(6).

2

Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.

3

Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.

F84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.

6

Any reference in this Part to a failure to comply with a relevant authority’s code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 51(5)(b).

7

Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.

8

The reference in subsection (7) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as a member of an executive of the authority.

9

A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.

F119A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended, if he is a member of an executive of the authority, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

F110A

A person who is suspended under this Part from being a member of a relevant authority other than a corporate joint committee shall also be suspended, if they are a member of a corporate joint committee, from being such a member; but this subsection does not apply to a person who is partially suspended under this Part.

11

A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified—

a

for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, and

b

if the authority is one to which Part II of this Act applies, for being or becoming a member of an executive of the authority.

F512

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.

14

Any functions which are conferred by virtue of this Part on a relevant authority to which Part II of this Act applies are not to be the responsibility of an executive of the authority under executive arrangements.

F1015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1016

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .