The Local Authorities (Model Code of Conduct) (England) Order 2001

Citation, commencement and application

1.—(1) This Order may be cited as the Local Authorities (Model Code of Conduct) (England) Order 2001 and shall come into force on 27th November 2001.

(2) This Order applies in relation to these authorities in England(1)—

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Greater London Authority;

(e) the London Fire and Emergency Planning Authority;

(f) the Common Council of the City of London in its capacity as a local authority or police authority;

(g) the Council of the Isles of Scilly;

(h) a fire authority constituted by a combination scheme under the Fire Services Act 1947(2); and

(i) a joint authority established by Part IV of the Local Government Act 1985(3),

and references to “authority” shall be construed accordingly.

Model code of conduct—authorities operating executive arrangements

2.—(1) The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members(4) of authorities which are operating executive arrangements(5) and that code is set out in Schedule 1 to this Order.

(2) For such authorities, all the provisions of the model code in Schedule 1 to this Order are mandatory(6).

(3) Where an authority which is not operating executive arrangements begins to do so, Schedule 1 to this Order shall have effect in relation to that authority as if it consisted of mandatory provisions of a model code of conduct issued in a subsequent order made under section 51(2) of the Local Government Act 2000 on the day on which the authority begins to operate those arrangements.

Model code of conduct—authorities not operating executive arrangements

3.—(1) The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members of authorities which are not operating executive arrangements and that code is set out in Schedule 2 to this Order.

(2) For such authorities, all the provisions of the model code in Schedule 2 to this Order are mandatory.

(3) Where an authority which is operating executive arrangements ceases to do so(7), Schedule 2 to this Order shall have effect in relation to that authority as if it consisted of mandatory provisions of a model code of conduct issued in a subsequent order made under section 51(2) of the Local Government Act 2000 on the day on which the authority ceases to operate those arrangements.

Transitional provision

4.—(1) On the day an authority’s code of conduct is adopted or applied(8) to it, the following shall, where applicable to the authority, be disapplied as respects that authority until 27th July 2002—

(a) sections 94 to 98 and 105 of the Local Government Act 1972(9);

(b) any order made under section 83 of the Local Government Act 1972(10);

(c) section 30(3A) of the Local Government Act 1974(11);

(d) any regulations made or code issued under sections 19 and 31 of the Local Government and Housing Act 1989(12);

(e) in section 17 of the Audit Commission Act 1998, subsections (1)(b), (3), (5)(b), (7) and (8) and in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b)(13);

(f) section 18 of the Audit Commission Act 1998(14);

(g) any order made under section 28 of the Greater London Authority Act 1999(15); and

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

(2) Section 16(1) of the Interpretation Act 1978(16) shall apply to a disapplication under paragraph (1) above as if it were a repeal, by an Act, of an enactment.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Nick Raynsford

Minister of State,

Department for Transport, Local Government and the Regions

5th November 2001