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The Local Authorities (Model Code of Conduct) (Wales) Order 2008

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PART 2GENERAL PROVISIONS

2.—(1) Save where paragraph 3(a) applies, you must observe this code of conduct —

(a)whenever you conduct the business, or are present at a meeting, of your authority;

(b)whenever you act, claim to act or give the impression you are acting in the role of member to which you were elected or appointed;

(c)whenever you act, claim to act or give the impression you are acting as a representative of your authority; or

(d)at all times and in any capacity, in respect of conduct identified in paragraphs 6(1)(a) and 7.

(2) You should read this code together with the general principles prescribed under section 49(2) of the Local Government Act 2000 in relation to Wales.

3.  Where you are elected, appointed or nominated by your authority to serve —

(a)on another relevant authority, or any other body, which includes a police authority or Local Health Board you must, when acting for that other authority or body, comply with the code of conduct of that other authority or body; or

(b)on any other body which does not have a code relating to the conduct of its members, you must, when acting for that other body, comply with this code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

4.  You must —

(a)carry out your duties and responsibilities with due regard to the principle that there should be equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion;

(b)show respect and consideration for others;

(c)not use bullying behaviour or harass any person; and

(d)not do anything which compromises, or which is likely to compromise, the impartiality of those who work for, or on behalf of, your authority.

5.  You must not —

(a)disclose confidential information or information which should reasonably be regarded as being of a confidential nature, without the express consent of a person authorised to give such consent, or unless required by law to do so;

(b)prevent any person from gaining access to information to which that person is entitled by law.

6.—(1) You must —

(a)not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute;

(b)report, whether through your authority’s confidential reporting procedure or direct to the proper authority, any conduct by another member or anyone who works for, or on behalf of, your authority which you reasonably believe involves or is likely to involve criminal behaviour (which for the purposes of this paragraph does not include offences or behaviour capable of punishment by way of a fixed penalty);

(c)report to the Public Services Ombudsman for Wales and to your authority’s monitoring officer any conduct by another member which you reasonably believe breaches this code of conduct;

(d)not make vexatious, malicious or frivolous complaints against other members or anyone who works for, or on behalf of, your authority.

(2) You must comply with any request of your authority’s monitoring officer, or the Public Services Ombudsman for Wales, in connection with an investigation conducted in accordance with their respective statutory powers.

7.  You must not —

(a)in your official capacity or otherwise, use or attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage;

(b)use, or authorise others to use, the resources of your authority —

(i)imprudently;

(ii)in breach of your authority’s requirements;

(iii)unlawfully;

(iv)other than in a manner which is calculated to facilitate, or to be conducive to, the discharge of the functions of the authority or of the office to which you have been elected or appointed;

(v)improperly for political purposes; or

(vi)improperly for private purposes.

8.  You must —

(a)when participating in meetings or reaching decisions regarding the business of your authority, do so on the basis of the merits of the circumstances involved and in the public interest having regard to any relevant advice provided by your authority’s officers, in particular by —

(i)the authority’s head of paid service;

(ii)the authority’s chief finance officer;

(iii)the authority’s monitoring officer;

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

(b)give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

9.  You must —

(a)observe the law and your authority’s rules governing the claiming of expenses and allowances in connection with your duties as a member;

(b)avoid accepting from anyone gifts, hospitality (other than official hospitality, such as a civic reception or a working lunch duly authorised by your authority), material benefits or services for yourself or any person which might place you, or reasonably appear to place you, under an improper obligation.

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