The Local Government Act 2000 (Model Code of Conduct) (Amendment) Order 2002

Statutory Instruments

2002 No. 1719

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Government Act 2000 (Model Code of Conduct) (Amendment) Order 2002

Made

4th July 2002

Laid before Parliament

5th July 2002

Coming into force

27th July 2002

The Secretary of State, in exercise of the powers conferred upon him by sections 50(1) and 105(2), (3) and (4) of the Local Government Act 2000(1) hereby makes the following Order:

Citation and application

1.—(1) This Order may be cited as the Local Government Act 2000 (Model Code of Conduct) (Amendment) Order 2002.

(2) This Order applies in relation to England and to police authorities in Wales(2).

Amendment to the Local Authorities (Model Code of Conduct) (England) Order 2001

2.  In article 4(1) of the Local Authorities (Model Code of Conduct) (England) Order 2001(3), for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority—”(4).

Amendment to the Parish Councils (Model Code of Conduct) Order 2001

3.  In article 3(1) of the Parish Councils (Model Code of Conduct) Order 2001(5), for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority—”.

Amendment to the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001

4.  In article 3(1) of the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001(6), for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority—”.

Amendment to the Police Authorities (Model Code of Conduct) Order 2001

5.  In article 3(1) of the Police Authorities (Model Code of Conduct) Order 2001(7), for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority—”.

Signed by authority of the Secretary of State

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

4th July 2002

Explanatory Note

(This note is not part of the Order)

This Order makes amendments to the Local Authorities (Model Code of Conduct) (England) Order 2001, the Parish Councils (Model Code of Conduct) Order 2001, the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001 and the Police Authorities (Model Code of Conduct) Order 2001. The amendments disapply the specified enactments to authorities where a code of conduct in the schedules to those orders has been adopted or applied to it. This replaces a temporary disapplication until 27th July 2002.

(1)

2000 c. 22.

(2)

See section 50(2) of the Local Government Act 2000 for the power of the National Assembly for Wales to issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in Wales other than police authorities.

(3)

S.I. 2001/3575.

(4)

See section 51(2) and (5) of the Local Government Act 2000 for the requirements for relevant authorities to adopt a code of conduct and for provision applying the mandatory provisions of such a code.

(5)

S.I. 2001/3576.

(6)

S.I. 2001/3577.

(7)

S.I. 2001/3578.