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

Explanatory Note

(This note does not form part of the Order.)

Part III of the Local Government Act 2000 (“the Act”) establishes 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, community and county borough 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.

This Order issues a model code of conduct for members and co-opted members of relevant authorities in Wales.

The model code of conduct is in three parts.

Part I of the code deals with interpretation.

Part II of the code deals with the circumstances in which members and co-opted members must observe the code, together with issues of conduct concerning promotion of equality and respect for others, accountability and openness, the duty on members and co-opted members to uphold the law, selflessness and stewardship, objectivity and propriety and integrity.

Part III of the code deals with the circumstances in which a member or co-opted member of a relevant authority can regard themselves as not having a personal interest in a matter and where they must regard themselves as having such an interest. The code provides for the circumstances in which a personal interest should be disclosed, requires members and co-opted members to register such interests in the register maintained under section 81(1) of the Act and where applicable withdraw from consideration of the matter.

Part III of the code also deals with the registration of gifts and hospitality.