Explanatory Note

(This note is not part of the Order)

This Order prescribes the form of declaration of office for members and elected mayors of country, district, London borough and parish councils in accordance with section 83 of the Local Government Act 1972. The declaration must be made within two months of election.

Article 2 provides that the form (or a form to like effect) in the Schedule to the Order shall have effect where the mandatory provisions of a model code of conduct applicable to a council are adopted or applied to it.

Article 3 revokes on 27th July 2002 two previous orders made under section 83 of the Local Government Act 1972, which included an undertaking to observe the National Code of Local Government Conduct. Part III of the Local Government Act 2000 replaces that Code with codes of conduct made under that Act.

The Schedule to the Order prescribes the form of the declaration and includes a statement that those making the declaration undertake to observe their council’s code of conduct.

When a county, district, London borough or parish council adopts a code of conduct for the first time as required by section 51 of the Local Government Act 2000, all members and co-opted members of these authorities must in addition to the declaration prescribed in this Order, give a written undertaking to their authorities that they will observe the code of conduct.