The Local Authorities (Model Code of Conduct) Order 2007

Citation, 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) in relation to police authorities in England and Wales; and

(b) in relation to the following authorities in England—

(i) a county council;

(ii) a district council;

(iii) a London borough council;

(iv) a parish 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;

(xi) a joint authority;

(xii) the Broads Authority; and

(xiii) a National Park authority,

and in this Order references to “authority” are construed accordingly.

Model 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) in paragraph 1(4), in the definition of “meeting”—

(i) sub-paragraph (b);

(ii) in sub-paragraph (c), the words “or its executive’s” and “, or area committees”;

(b) paragraphs 9(6), 9(7) and 12(1)(b);

(c) in paragraph 11(a), the words “your authority’s executive or”

(d) in paragraph 11(b), the word “executive,”; and

(e) in paragraph 12(2), the words in brackets.

Disapplication 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—

(a) sections 94 to 98 and 105 to the Local Government Act 1972(1);

(b) section 30(3A) of the Local Government Act 1974(2);

(c) regulations made or a code issued under section 19 and 31 of the Local Government and Housing Act 1989(3);

(d) paragraphs 9 and 10 of Schedule 7 to the Environment Act 1995(4); and

(e) any guidance issued under section 66 of the Greater London Authority Act 1999(5).

Revocation and savings

4.—(1) Subject to paragraphs (2) and (3), the following orders are revoked—

(a) the Local Authorities (Model Code of Conduct) (England) Order 2001(6);

(b) the Parish Councils (Model Code of Conduct) Order 2001(7);

(c) the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001(8); and

(d) the Police Authorities (Model Code of Conduct) Order 2001(9).

(2) The Orders referred to in paragraph (1) continue to have effect for the purposes of and for purposes connected with —

(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) the adjudication of a matter raised in such an allegation; and

(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 1972(10) shall 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.

Signed on behalf of the Secretary of State for Communities and Local Government

Phil Woolas

Minister of State

Department for Communities and Local Government

2nd April 2007