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Part IIIU.K. Conduct of local government members and employees

Chapter VE+W Supplementary

Disclosure and registration of members’ interests etc.E+W

81 Disclosure and registration of members’ interests etc.E+W

(1)The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.

(2)The mandatory provisions of the model code applicable to each relevant authority (“the mandatory provisions”) must require the members and co-opted members of each authority to register in that authority’s register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.

(3)The mandatory provisions must also—

(a)require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest,

(b)make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates.

(4)Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority’s code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority’s standards committee in accordance with regulations made under subsection (5).

(5)The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).

(6)A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours.

(7)As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must—

(a)publish in one or more newspapers circulating in their area a notice which—

(i)states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and

(ii)specifies the address of that office, and

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(c)if it is a relevant authority in Wales, inform the Public Services Ombudsman for Wales that copies of the register are so available.]

(8)In its application to standards committees of relevant authorities in Wales (other than police authorities), subsection (5) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.

Textual Amendments

F2S. 81(7)(c) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 4 para. 22(b); S.I. 2005/2800, art. 5(1) (with transitional provisions in S.I. 2006/362, art. 4)

Commencement Information

I1S. 81 wholly in force at 28.7.2001; s. 81 not in force at Royal Assent see s. 108; s. 81(5)(8) in force at 1.11.2000 in relation to Wales by S.I. 2000/2948, art. 2; s. 81 in force at 19.12.2000 in relation to England and to police authorities in Wales by S.I. 2000/3335, art. 2; s. 81 in force at 28.7.2001 in so far as not already in force see s. 108(4)-(6)