The Local Elections (Declaration of Acceptance of Office) (Wales) Order 2004

Welsh Statutory Instruments

2004 No. 1508 (W.157)

LOCAL GOVERNMENT, WALES

The Local Elections (Declaration of Acceptance of Office) (Wales) Order 2004

Made

15 June 2004

Coming into force

1 September 2004

The National Assembly for Wales, in exercise of the powers given to the Secretary of State by sections 83(1) and (4) of the Local Government Act 1972(1), section 26(3) of the Welsh Language Act 1993(2), and section 52(2) of the Local Government Act 2000(3), which are now vested in it in so far as exercisable in Wales(4), hereby makes the following Order:

Name, commencement and application

1.—(1) This Order may be called the Local Elections (Declaration of Acceptance of Office) (Wales) Order 2004, and shall come into force on 1 September 2004.

(2) This Order applies to each authority in Wales.

Interpretation

2.  In this Order —

“authority” (“awdurdod”) means —

(a)

a county council,

(b)

a county borough council, and

(c)

a community council.

Form of declaration of acceptance of office

3.  Where an authority has adopted the mandatory provisions of a model code of conduct made under section 50(2) of the Local Government Act 2000 that is applicable to that council, or the mandatory provisions of such a code apply to the members of that council pursuant to section 51(5)(b) of that Act, the declaration of acceptance of office of —

(a) a member; and

(b) an elected mayor,

shall be either in the English form set out in Schedule 1 to this Order or the Welsh form set out in Schedule 2, or a form to the like effect.

Revocation of orders

4.  The following orders shall be revoked on 1 September 2004 —

(a) the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990(5);

(b) the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990(6);

(c) the Local Elections (Declaration of Acceptance of Office) (Welsh Forms) Order 1991(7); and

(d) the Local Elections (Declaration of Acceptance of Office) (Amendment) (Wales) Order 2001(8).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(9).

John Marek

The Deputy Presiding Officer of the National Assembly

15 June 2004

Article 3

SCHEDULE 1

Declaration of Acceptance of Office

Article 4

SCHEDULE 2

Datganiad Derbyn Swydd

Explanatory Note

(This note is not part of the Order)

This Order prescribes the forms of declaration of acceptance of office for members and elected mayors of county and county borough councils and members of community councils in Wales in accordance with section 83 of the Local Government Act 1972. This Order applies whether or not the council has adopted a code of conduct under the Local Government Act 2000.

Article 3 provides that where the mandatory provision of a model code of conduct applicable to a council are adopted or applied to it, the form of declaration of acceptance of office shall be the form prescribed in either Schedule 1 or Schedule 2 to this Order, or a form to the like effect.

Article 4 revokes, on 1 September 2004, four previous orders made under section 83(1) and (4) of the Local Government Act 1972, section 31(7) of the Local Government and Housing Act 1989, sections 26(3), 27(4) and (5) of the Welsh Language Act 1993, and section 52(2) of the Local Government Act 2000, 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 two Schedules to the Order prescribe the forms of the declaration in English and Welsh which include a statement that those making the declaration undertake to observe their authority’s code of conduct.

When a county, county borough council or community council in Wales 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.

(1)

1972 c. 70.

(2)

1993 c. 38.

(3)

2000 c. 22.

(4)

See National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(5)

S.I. 1990/932.

(6)

S.I. 1990/2473.

(7)

S.I. 1991/1169.

(8)

S.I. 2001/2963 (W. 245).

(9)

1998 c. 38.