The Conduct of Members (Model Code of Conduct) (Amendment) (Wales) Order 2004

Explanatory Note

(This note is not part of the Order)

Part III of the Local Government Act 2000 (“the Act”) established a new ethical framework for local government in Wales. Section 50(2) of the Act provides that the National Assembly for Wales may by Order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in Wales. The relevant authorities are county and county borough councils, community councils, fire authorities and National Park authorities but not police authorities. A Code of Conduct issued by the National Assembly for Wales under section 50(2) of the Act must be consistent with the principles specified by the National Assembly for Wales under section 49(2) of the Act. Those principles were specified in the Conduct of Members (Principles) (Wales) Order 2001.

The Conduct of Members (Model Code of Conduct) (Wales) Order 2001 (“the 2001 Order”) made under section 50(2) prescribed a Model Code of Conduct for members of relevant authorities. Article 3 of this Order makes an amendment to the Model Code of Conduct in the 2001 Order by the insertion of additional text in paragraph 15(d). The effect of the amendment is that members of county councils, county borough councils and fire authorities considering their position in respect of the Model Code of Conduct can regard themselves as not having a “personal interest” in a matter to the extent it relates to an “allowance or pension” under section 18 of the Local Government and Housing Act 1989. The practical effect of the amendment is that the amendment to the Model Code of Conduct will only apply to county councils, county borough councils and fire authorities. Section 18 of the Local Government and Housing Act 1989 is only applicable to them and not other relevant authorities in respect of allowances or pensions.