The Conduct of Members (Model Code of Conduct) (Wales) Order 2001

8.  A member when reaching decisions:

(a) must reach decisions on the basis of the merits of the circumstances involved and in the public interest;

(b) must reach decisions having regard to any relevant advice provided by the authority’s officers – in particular by:

(i) the authority’s Chief Finance Officer acting in pursuance of that officer’s duties under section 114 of the Local Government Finance Act 1988(1);

(ii) the authority’s Monitoring Officer acting in pursuance of that officer’s duties under section 5 of the Local Government and Housing Act 1989(2);

(iii) the authority’s Chief Legal Officer who should be consulted when there is any doubt as to the authority’s power to act, or as to whether the action proposed lies within the policy framework agreed by the authority; where the legal consequences of action or failure to act by the authority might have important repercussions.

(c) must give reasons for decisions in accordance with the authority’s requirements and, in the case of county and county borough councils operating executive arrangements, regulations made by the National Assembly for Wales(3).

(1)

1988 c. 41.

(2)

1989 c. 42.

(3)

The Local Authority Executive Arrangements (Decisions, Documents and Meetings) (Wales) Regulations 2001 (S.I. 2001/2290 (W.178)).