Part III Conduct of local government members and employees
Chapter I Conduct of members
Standards of conduct
49 Principles governing conduct of members of relevant authorities.
(1)
F1The Secretary of State may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities in England and police authorities in Wales.
(2)
The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities F2in Wales (other than police authorities).
F3(2A)
An order under subsection (1) must provide as respects each specified principle—
(a)
that it applies to a person only when acting in an official capacity; or
(b)
that it applies to a person only when not acting in an official capacity;
but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B).
(2B)
A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence.
(2C)
F4An order under subsection (1) may define, for the purposes of the order—
“official capacity”; and“criminal offence”.
(2D)
An order under subsection (2)—
(a)
may specify principles which are to apply to a person at all times;
(b)
may specify principles which are to apply to a person otherwise than at all times.
(3)
F5Before making an order under this section, the Secretary of State must consult—
(a)
such representatives of relevant authorities in England as he considers appropriate,
(b)
the Audit Commission,
(c)
the Commission for Local Administration in England, and
(d)
such other persons (if any) as he considers appropriate.
(4)
F5Before making an order under this section so far as it relates to police authorities in Wales, the Secretary of State must consult—
(a)
such representatives of police authorities in Wales as he considers appropriate,
F6(aa)
the Auditor General for Wales,
(b)
F7the Public Services Ombudsman for Wales, and
(c)
the National Assembly for Wales.
(5)
Before making an order under this section, the National Assembly for Wales must consult—
(a)
such representatives of relevant authorities F8in Wales as it considers appropriate,
(b)
the F9Auditor General for Wales,
(c)
F10the Public Services Ombudsman for Wales, and
(d)
such other persons (if any) as it considers appropriate.
(6)
In this Part “relevant authority” means—
(a)
a county council F11in Wales,
(b)
a county borough council,
(c)
F12a district council,
(d)
F12a London borough council,
(e)
F12a parish council,
(f)
a community council,
(g)
F13the Greater London Authority,
F14(h)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)
F13the London Fire and Emergency Planning Authority,
(j)
F13the Common Council of the City of London in its capacity as a local authority or police authority,
(k)
F13the Council of the Isles of Scilly,
F15(l)
a fire and rescue authority F16in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
F17(m)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n)
F18a joint authority established by Part IV of the M1Local Government Act 1985,
F19(na)
F18an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
(nb)
F18a combined authority established under section 103 of that Act,
(o)
F18the Broads Authority, or
(p)
a National Park authority F20in Wales established under section 63 of the M2Environment Act 1995.
(7)
In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who—
(a)
is a member of any committee or sub-committee of the authority, or
(b)
is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,
and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee.