PART 1 E+WLocal Government

CHAPTER 7E+WStandards

Modifications etc. (not altering text)

27Duty to promote and maintain high standards of conductE+W

(1)A relevant authority must promote and maintain high standards of conduct by members and co-opted members of the authority.

(2)In discharging its duty under subsection (1), a relevant authority must, in particular, adopt a code dealing with the conduct that is expected of members and co-opted members of the authority when they are acting in that capacity.

(3)A relevant authority that is a parish council—

(a)may comply with subsection (2) by adopting the code adopted under that subsection by its principal authority, where relevant on the basis that references in that code to its principal authority's register are to its register, and

(b)may for that purpose assume that its principal authority has complied with section 28(1) and (2).

(4)In this Chapter “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 that falls to be decided at any meeting of that committee or sub-committee.

[F1(4A)In this Chapter “co-opted member” includes a police and crime commissioner who—

(a)is entitled to participate in meetings of a county or district council by virtue of paragraph 6ZA of Part 1 of Schedule 12 to the Local Government Act 1972, or

(b)is entitled to participate in meetings of an executive of a county or district council by virtue of paragraph 4A of Schedule A1 to the Local Government Act 2000.]

(5)A reference in this Chapter 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)In this Chapter “relevant authority” means—

(a)a county council in England,

(b)a district council,

(c)a London borough council,

(d)a parish council,

(e)the Greater London Authority,

F2(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the Common Council of the City of London in its capacity as a local authority or police authority,

(i)the Council of the Isles of Scilly,

(j)a fire and rescue authority in England 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,

F4(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)a joint authority established by Part 4 of the Local Government Act 1985,

(m)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,

(n)a combined authority established under section 103 of that Act,

(o)the Broads Authority, or

(p)a National Park authority in England established under section 63 of the Environment Act 1995.

(7)Any reference in this Chapter to a member of a relevant authority—

(a)in the case of a relevant authority to which Part 1A of the Local Government Act 2000 applies, includes a reference to an elected mayor;

(b)in the case of the Greater London Authority, is a reference to the Mayor of London or a London Assembly member.

(8)Functions that are conferred by this Chapter on a relevant authority to which Part 1A of the Local Government Act 2000 applies are not to be the responsibility of an executive of the authority under executive arrangements.

(9)Functions that are conferred by this Chapter on the Greater London Authority are to be exercisable by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.

(10)In this Chapter except section 35—

(a)a reference to a committee or sub-committee of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to—

(i)a committee or sub-committee of the London Assembly, or

(ii)the standards committee, or a sub-committee of that committee, established under that section,

(b)a reference to a joint committee on which a relevant authority is represented is, where the relevant authority is the Greater London Authority, a reference to a joint committee on which the Authority, the London Assembly or the Mayor of London is represented,

(c)a reference to becoming a member of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to becoming the Mayor of London or a member of the London Assembly, and

(d)a reference to a meeting of a relevant authority is, where the relevant authority is the Greater London Authority, a reference to a meeting of the London Assembly;

and in subsection (4)(b) the reference to representing the relevant authority is, where the relevant authority is the Greater London Authority, a reference to representing the Authority, the London Assembly or the Mayor of London.

Textual Amendments

F1S. 27(4A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 7(14), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 3

F3S. 27(6)(g) omitted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 119; S.I. 2018/227, reg. 4(c)

F4S. 27(6)(k) repealed (1.7.2012 for specified purposes, 22.11.2012 for all other purposes) by Localism Act 2011 (c. 20), ss. 36(b), 240(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(d) (with arts. 6 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2); S.I. 2012/2913, arts. 1(2), 2(a)(c)

Commencement Information

I1S. 27(1)-(5)(6)(a)-(j)(l)-(p)(7)-(10) in force at 7.6.2012 for specified purposes by S.I. 2012/1463, art. 2(a)

I2S. 27(1)-(5)(6)(a)-(j)(l)-(p)(7)-(10) in force at 1.7.2012 in so far as not already in force by S.I. 2012/1463, art. 5(b) (with arts. 6, 7) (as amended (3.7.2012) by S.I. 2012/1714, art. 2)