Version Superseded: 05/08/2022
Point in time view as at 22/11/2012.
There are currently no known outstanding effects for the The Conduct of Members (Principles) (Wales) Order 2001.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Welsh Statutory Instruments
LOCAL GOVERNMENT, WALES
Made
21st June 2001
Coming into force
28 July 2001
The National Assembly for Wales makes the following Order in exercise of the powers conferred upon it by sections 49(2) and 105(1) of the Local Government Act 2000(1).
Modifications etc. (not altering text)
C1Order applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
1.—(1) This Order may be cited as the Conduct of Members (Principles) (Wales) Order 2001 and shall come into force on 28 July 2001.
(2) This Order applies to each relevant authority in Wales.
2. In this Order—
“co-opted member” (“aelod cyfetholedig”), in relation to a relevant authority, means a person who is not a member of the authority but who—
is a member of any committee or sub-committee of the authority, or
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;
“member” (“aelod”) includes a co-opted member; and
“relevant authority” (“awdurdod perthnasol”) means—
a county council,
a county borough council,
a community council,
[F1a 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, and]
a National Park authority established under section 63 of the Environment Act 1995(2).
Textual Amendments
F1Words in art. 2 substituted (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 55
Commencement Information
3. The principles which are to govern the conduct of members of a relevant authority in Wales are set out in the Schedule to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).
D. Elis-Thomas
The Presiding Officer of the National Assembly
Article 3
1. Members must act solely in the public interest. They must never use their position as members to improperly confer advantage on themselves or to improperly confer advantage or disadvantage on others.
Commencement Information
I4Sch. para. 1 in force at 28.7.2001, see art. 1(1)
2. Members must declare any private interests relevant to their public duties and take steps to resolve any conflict in a way that protects the public interest.
Commencement Information
I5Sch. para. 2 in force at 28.7.2001, see art. 1(1)
3. Members must not put themselves in a position where their integrity is called into question by any financial or other obligation to individuals or organisations that might seek to influence them in the performance of their duties. Members must on all occasions avoid the appearance of such behaviour.
Commencement Information
I6Sch. para. 3 in force at 28.7.2001, see art. 1(1)
4. Members must act to uphold the law and act on all occasions in accordance with the trust that the public has placed in them.
Commencement Information
I7Sch. para. 4 in force at 28.7.2001, see art. 1(1)
5. In discharging their duties and responsibilities members must ensure that their authority’s resources are used both lawfully and prudently.
Commencement Information
I8Sch. para. 5 in force at 28.7.2001, see art. 1(1)
6. In carrying out their responsibilities including making appointments, awarding contracts, or recommending individuals for rewards and benefits, members must make decisions on merit. Whilst members must have regard to the professional advice of officers and may properly take account of the views of others, including their political groups, it is their responsibility to decide what view to take and, if appropriate, how to vote on any issue.
Commencement Information
I9Sch. para. 6 in force at 28.7.2001, see art. 1(1)
7. Members must carry out their duties and responsibilities with due regard to the need to promote equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion, and show respect and consideration for others.
Commencement Information
I10Sch. para. 7 in force at 28.7.2001, see art. 1(1)
8. Members must be as open as possible about all their actions and those of their authority. They must seek to ensure that disclosure of information is restricted only in accordance with the law.
Commencement Information
I11Sch. para. 8 in force at 28.7.2001, see art. 1(1)
9. Members are accountable to the electorate and the public generally for their actions and for the way they carry out their responsibilities as a member. They must be prepared to submit themselves to such scrutiny as is appropriate to their responsibilities.
Commencement Information
I12Sch. para. 9 in force at 28.7.2001, see art. 1(1)
10. Members must promote and support these principles by leadership and example so as to promote public confidence in their role and in the authority. They must respect the impartiality and integrity of the authority’s statutory officers and its other employees.
Commencement Information
I13Sch. para. 10 in force at 28.7.2001, see art. 1(1)
(This note does not form part of the Order)
Part III of the Local Government Act 2000 (“the Act”) establishes a new ethical framework for local government in Wales.
Section 49(2) of the Act provides that 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 (defined in Article 2 of this Order) in Wales.
Such authorities include (amongst others) county councils, county borough councils and community councils, but do not include police authorities.
This Order specifies the relevant principles.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: