Local Government and Public Involvement in Health Act 2007

Codes of conduct E+W

183 Conduct that may be covered by code E+W

(1) In section 49 of the Local Government Act 2000 (c. 22) (principles governing conduct of members of relevant authorities), after subsection (2) insert—

F1 “(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) An order under subsection (1) may define, for the purposes of the order—

• “official capacity”; and

• “criminal offence”.

(2D) An order under subsection (2)—

(a) may specify principles which are to apply to a person at all times;

(b) may specify principles which are to apply to a person otherwise than at all times.”

(2) In section 50 of that Act (model code of conduct), after subsection (4) insert—

F2 “(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) A model code of conduct issued under subsection (1) may define for the purposes of the code—

• “official capacity”; and

• “criminal offence”.

(4D) Provision included under subsection (4A) or (4C) in a model code of conduct—

(a) must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C);

(b) is to be mandatory except to the extent that it relates to an optional provision;

(c) to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51.

(4E) A model code of conduct issued under subsection (2) may include—

(a) provisions which are to apply to a person at all times;

(b) provisions which are to apply to a person otherwise than at all times.”

(3) In section 51 of that Act (duty of relevant authorities to adopt codes of conduct), after subsection (4) insert—

F3 “(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) The provisions which may be included under subsection (4)(c) by a relevant authority in Wales other than a police authority include—

(a) provisions which are to apply to a person at all times;

(b) provisions which are to apply to a person otherwise than at all times.”

(4) In section 52 of that Act (duty to comply with code of conduct), in each of subsections (1) to (4), omit the words “in performing his functions”.

(5) Subsection (6) below applies where immediately before the commencement date a person is a member or co-opted member of a relevant authority and not prevented by any provision of section 52 of that Act from acting as such.

(6) The coming into force of this section shall not have the effect of preventing the person from acting as a member or co-opted member of the relevant authority, but—

(a) he must before the end of the prescribed period give to that authority a written undertaking that he will observe the authority's code of conduct for the time being; and

(b) if he fails to comply with paragraph (a), he shall cease to be a member or co-opted member at the end of that period.

(7) With effect from the commencement date—

(a) any order under section 49(2) or 50(2) of the Local Government Act 2000 (c. 22), and

(b) any code of conduct of a relevant authority F4 ...,

which is in force immediately before that date shall have effect as if the amendments made by this section had always had effect.

(8) Subsection (7) does not affect the operation of any order or code in relation to any time before the commencement date.

(9) In this section the following expressions have the same meanings as in Part 3 of the Local Government Act 2000—

• “code of conduct”;

• “co-opted member”;

• “member of a relevant authority”;

• “relevant authority”.

(10) References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000, those mandatory provisions.

(11) In this section—

• “the commencement date” means the date this section comes into force;

• “the prescribed period” means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.

Textual Amendments

F1 Words in s. 183(1) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(2), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(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(b)(c) (with arts. 3-6)

F2 Words in s. 183(2) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(3), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(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(b)(c) (with arts. 3-6)

F3 Words in s. 183(3) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(4), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(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(b)(c) (with arts. 3-6)

F4 Words in s. 183(7)(b) repealed (1.7.2012 for specified purposes, 22.11.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 4 para. 55(5), Sch. 25 Pt. 5; S.I. 2012/1463, art. 5(a)(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(b)(c) (with arts. 3-6)

Commencement Information

I1 S. 183(1) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 5(1)(a)

I2 S. 183(2) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 5(1)(b)

I3 S. 183(3) in force at 31.1.2008 for specified purposes by S.I. 2008/172, art. 5(1)(c)

I4 S. 183(4)-(6) in force at 31.1.2008 for W. by S.I. 2008/172, art. 5(2)

I5 S. 183(7)-(11) in force at 31.1.2008 by S.I. 2008/172, art. 5(1)(d)

184 Certain references to code of conduct to include default code E+W

(1) In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—

“(4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.”

(2) In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—

“(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—

(a) the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and

(b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.”

(3) In section 54 of that Act (functions of standards committees), after subsection (3) insert—

“(3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.”

Commencement Information

I6 S. 184 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(i)