UNITED KINGDOM STATUTORY INSTRUMENT
2007 No. 1159
Local government, england and wales
The Local Authorities (Model Code of Conduct) Order 2007
Made 2nd April 2007
Laid before Parliament 4th April 2007
Coming into force 3rd May 2007
The Secretary of State for Communities and Local Government makes the following Order in exercise of the powers conferred by sections 50(1) and (4), 81(2) and (3), and 105(2), (3) and (4) of the Local Government Act 2000.
The Secretary of State has consulted in accordance with section 50(5) of that Act.
The Secretary of State is satisfied that this Order is consistent with the principles for the time being specified in an order under section 49(1) of that Act.
S-1
Citation, commencement and applicationCitation, commencement and application
1.—(1) This Order may be cited as the Local Authorities (Model Code of Conduct) Order 2007 and comes into force on 3rd May 2007.
(2) This Order applies—
(a)
(a) in relation to police authorities in England and Wales; and
(b)
(b) in relation to the following authorities in England—
(iii) a London borough council;
(v) the Greater London Authority;
(vi) the Metropolitan Police Authority;
(vii) the London Fire and Emergency Planning Authority;
(viii) the Common Council of the City of London;
(ix) the Council of the Isles of Scilly;
(x) a fire and rescue authority;
(xii) the Broads Authority; and
(xiii) a National Park authority,
and in this Order references to “authority” are construed accordingly.
S-2
Model Code of ConductModel Code of Conduct
2.—(1) The code set out in the Schedule to this Order (“the Code”) has effect as the model code issued by the Secretary of State under section 50 of the Local Government Act 2000 as regards the conduct which is expected of members and co-opted members of an authority.
(2) Subject to paragraphs (3) to (6), every provision of the Code in the Schedule to this Order is mandatory for an authority.
(3) Paragraph 6(c) of the Code is not mandatory for police authorities, the Greater London Authority, the Metropolitan Police Authority, the London Fire and Emergency Planning Authority, fire and rescue authorities and joint authorities.
(4) Paragraph 7 of the Code is not mandatory for parish councils.
(5) Subject to sub-paragraph (6)(c) and (d) below, paragraphs 10(2)(c)(i) and (ii), 11 and 12(2) of the Code are mandatory only for county councils, district councils and London borough councils, the Common Council of the City of London and the Council of the Isles of Scilly.
(6) The following provisions of the Code are mandatory only for an authority which is operating executive arrangements—
(a)
(a) in paragraph 1(4), in the definition of “meeting”—
(ii) in sub-paragraph (c), the words “or its executive’s” and “, or area committees”;
(b)
(b) paragraphs 9(6), 9(7) and 12(1)(b);
(c)
(c) in paragraph 11(a), the words “your authority’s executive or”
(d)
(d) in paragraph 11(b), the word “executive,”; and
(e)
(e) in paragraph 12(2), the words in brackets.
S-3
Disapplication of certain statutory provisionsDisapplication of certain statutory provisions
3. The following provisions shall not apply (where they are capable of doing so) to an authority which has adopted a code of conduct or to which such a code applies—
(d) paragraphs 9 and 10 of Schedule 7 to the Environment Act 1995; and
(e) any guidance issued under section 66 of the Greater London Authority Act 1999.
Revocation and savings
4.—(1) Subject to paragraphs (2) and (3), the following orders are revoked—
(a)
(a) the Local Authorities (Model Code of Conduct) (England) Order 2001;
(b)
(b) the Parish Councils (Model Code of Conduct) Order 2001;
(c)
(c) the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001; and
(d)
(d) the Police Authorities (Model Code of Conduct) Order 2001.
(2) The Orders referred to in paragraph (1) continue to have effect for the purposes of and for purposes connected with —
(a)
(a) the investigation of any written allegation under Part 3 of the Local Government Act 2000, where that allegation relates to conduct which took place before the date when, pursuant to section 51 of that Act—
(i) the authority adopts a code of conduct incorporating the mandatory provisions of the Code in the Schedule to this Order in place of their existing code of conduct;
(ii) the authority revises their existing code of conduct to incorporate the mandatory provisions of the Code in the Schedule to this Order; or
(iii) the mandatory provisions of the Code in the Schedule to this Order apply to members or co-opted members of the authority under section 51(5)(b) of that Act;
(b)
(b) the adjudication of a matter raised in such an allegation; and
(c)
(c) an appeal against the decision of an interim case tribunal or case tribunal in relation to such an allegation.
(3) Any order made under section 83 of the Local Government Act 1972shall have effect for the purpose of prescribing the form of a declaration of acceptance of office in relation to a county council, district council, London borough council and a parish council.
Phil Woolas
Minister of State
Department for Communities and Local Government
2nd April 2007
SCHEDULE
THE MODEL CODE OF CONDUCT
Part 1
General provisions
1. Introduction and interpretation
(1) This Code applies toyou as a member of an authority.
(2) You should read this Code together with the general principles prescribed by the Secretary of State.
(3) It is your responsibility to comply with the provisions of this Code.
(4) In this Code—
“meeting” means any meeting of—
(a) the authority;
(b) the executive of the authority;
(c) any of the authority’s or its executive’s committees, sub-committees, joint committees, joint sub-committees, or area committees;
“member” includes a co-opted member and an appointed member.
(5) In relation to a parish council, references to an authority’s monitoring officer and an authority’s standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000.
2. Scope
(1) Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you—
(a)
(a) conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
(b)
(b) act, claim to act or give the impression you are acting as a representative of your authority,
and references to your official capacity are construed accordingly.
(2) Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.
(3) In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.
(4) Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).
(5) Where you act as a representative of your authority—
(a)
(a) on another relevant authority, you must, when acting for that other authority, comply with that other authority’s code of conduct; or
(b)
(b) on any other body, you must, when acting for that other body, comply with your authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.
General obligations
3.—(1) You must treat others with respect.
(2) You must not—
(a)
(a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006);
(b)
(b) bully any person;
(c)
(c) intimidate or attempt to intimidate any person who is or is likely to be—
(iii) involved in the administration of any investigation or proceedings,
in relation to an allegation that a member (including yourself) has failed to comply with his or her authority’s code of conduct; or
(d)
(d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.
(3) In relation to police authorities and the Metropolitan Police Authority, for the purposes of sub-paragraph (2)(d) those who work for, or on behalf of, an authority are deemed to include a police officer.
4. You must not—
(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—
(i) you have the consent of a person authorised to give it;
(ii) you are required by law to do so;
(iii) the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
(iv) the disclosure is—
(aa) reasonable and in the public interest; and
(bb) made in good faith and in compliance with the reasonable requirements of the authority; or
(b) prevent another person from gaining access to information to which that person is entitled by law.
5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or...
