The Local Authorities (Model Code of Conduct) Order = 2007

From: "Saved by Windows Internet Explorer 7" Subject: The Local Authorities (Model Code of Conduct) Order 2007 Date: Fri, 26 Oct 2007 09:56:30 +0100 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01C817B6.7BE17900" X-MimeOLE: Produced By Microsoft MimeOLE V6.0.6000.16545 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C817B6.7BE17900 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.opsi.gov.uk/si/si2007/20071159.htm The Local Authorities (Model Code of Conduct) Order = 2007

Statutory Instrument 2007 No. 1159

The Local Authorities (Model Code of = Conduct)=20 Order 2007

Statutory Instruments printed from this website are printed = under=20 the superintendence and authority of the Controller of HMSO = being the=20 Queen's Printer of Acts of Parliament.=20

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STATUTORY INSTRUMENTS

2007 No. = 1159

LOCAL GOVERNMENT, ENGLAND AND=20 WALES

The Local Authorities (Model Code of = Conduct)=20 Order 2007

	Made	2nd April 2007
	Laid before = Parliament	4th April 2007
	Coming into = force	3rd May 2007

1].
<= BR>    =20 The Secretary of State has consulted in accordance with = section 50(5)=20 of that Act.

     The Secretary of = State is=20 satisfied that this Order is consistent with the principles = for the=20 time being specified in an order under section 49(1) of that = Act[2].
<= BR>Citation,=20 commencement and application
     = 1. =97(1) This Order may be cited as the Local = Authorities=20 (Model Code of Conduct) Order 2007 and comes into force on 3rd = May=20 2007.

    (2) This Order = applies=97

and in this Order references to "authority" are = construed=20 accordingly.

Model Code of Conduct

(b) paragraphs 9(6), 9(7) and 12(1)(b);

(c) in = paragraph=20 11(a), the words "your authority's executive or"

(d) = in=20 paragraph 11(b), the word "executive,"; and

(e) in = paragraph=20 12(2), the words in brackets.

Disapplication of certain statutory=20 provisions
3. The=20 following provisions shall not apply (where they are capable = of doing=20 so) to an authority which has adopted a code of conduct or to = which=20 such a code applies=97

(a) sections 94 to 98 and 105 to the Local Government Act=20 1972[

6];=20 and

(e) any guidance issued under section 66 of the = Greater=20 London Authority Act 1999[7].
<= BR>

Revocation and savings
= 4. =97(1) Subject to paragraphs (2) and (3), the = following=20 orders are revoked=97

(2) The Orders referred to in = paragraph (1)=20 continue to have effect for the purposes of and for purposes = connected=20 with =97

(b) the adjudication of a matter raised in such an = allegation;=20 and

(c) an appeal against the decision of an interim = case=20 tribunal or case tribunal in relation to such an=20 allegation.

(3) Any order made under section 83 = of the=20 Local Government Act 1972[12]=20 shall have effect for the purpose of prescribing the form of a = declaration of acceptance of office in relation to a county = council,=20 district council, London borough council and a parish=20 council.

Signed on behalf of the Secretary of = State for=20 Communities and Local Government

Phil=20 Woolas
Minister of State Department for Communities and = Local=20 Government

2nd April 2007

SCHEDULE

THE MODEL CODE OF CONDUCT

Part 1

General provisions
Introduction and=20 interpretation
1. = =97(1) This=20 Code applies to you as a member of an=20 authority.

(2) You should read = this=20 Code together with the general principles prescribed by the = Secretary=20 of State[

(3)=20 It is your responsibility to comply with the provisions of = this=20 Code.

(4) In this = Code=97

"meeting" means any meeting of=97

"member" includes a co-opted member and an appointed = member.

(5) In relation to a parish = council,=20 references to an authority's monitoring officer and an = authority's=20 standards committee shall be read, respectively, as references = to the=20 monitoring officer and the standards committee of the district = council=20 or unitary county council which has functions in relation to = the=20 parish council for which it is responsible under section = 55(12) of the=20 Local Government Act=20 2000.

Scope
= 2. =97(1)=20 Subject to sub-paragraphs (2) to (5), you must comply with = this Code=20 whenever you=97

and references to your official capacity are construed=20 accordingly.

    (2) Subject to=20 sub-paragraphs (3) and (4), this Code does not have effect in = relation=20 to your conduct other than where it is in your official=20 capacity.

    (3) In addition to = having=20 effect in relation to conduct in your official capacity, = paragraphs=20 3(2)(c), 5 and 6(a) also have effect, at any other time, where = that=20 conduct constitutes a criminal offence for which you have been = convicted.

    (4) Conduct to which = this=20 Code applies (whether that is conduct in your official = capacity or=20 conduct mentioned in sub-paragraph (3)) includes a criminal = offence=20 for which you are convicted (including an offence you = committed before=20 the date you took office, but for which you are convicted = after that=20 date).

    (5) Where you act as a=20 representative of your authority=97

General obligations
= 3.=20 =97(1) You must treat others with=20 respect.

(2) You must = not=97

(b)=20 bully any person;

(c) intimidate or attempt to = intimidate any=20 person who is or is likely to be=97

in relation to an allegation that a member (including = yourself)=20 has failed to comply with his or her authority's code of = conduct;=20 or

(d) do anything which compromises or is likely to=20 compromise the impartiality of those who work for, or on = behalf of,=20 your authority.

(3) In relation to police = authorities and=20 the Metropolitan Police Authority, for the purposes of = sub-paragraph=20 (2)(d) those who work for, or on behalf of, an authority are = deemed to=20 include a police officer.

= 4.=20 You must not=97

(b) prevent another person from gaining access to = information to=20 which that person is entitled by law.

5. You must not conduct = yourself in=20 a manner which could reasonably be regarded as bringing your = office or=20 authority into disrepute.

= 6.=20 You=97

(c) must have regard to any applicable Local Authority = Code of=20 Publicity made under the Local Government Act 1986[15].

7. =97(1) When reaching = decisions on=20 any matter you must have regard to any relevant advice = provided to you=20 by=97

where that officer is acting pursuant to his or her = statutory=20 duties.

(2) You must give = reasons for=20 all decisions in accordance with any statutory requirements = and any=20 reasonable additional requirements imposed by your=20 authority.

Part 2
Interests
Personal=20 interests
8. =97(1) You = have a=20 personal interest in any business of your authority where=20 either=97

of which you are a member or in a position of general = control=20 or management;

(iii) any employment or business = carried on=20 by you;

(iv) any person or body who employs or has=20 appointed you;

(v) any person or body, other than a = relevant authority, who has made a payment to you in = respect of=20 your election or any expenses incurred by you in carrying = out your=20 duties;

(vi) any person or body who has a place of = business=20 or land in your authority's area, and in whom you have a=20 beneficial interest in a class of securities of that = person or=20 body that exceeds the nominal value of =A325,000 or one = hundredth of=20 the total issued share capital (whichever is the=20 lower);

(vii) any contract for goods, services or = works=20 made between your authority and you or a firm in which you = are a=20 partner, a company of which you are a remunerated = director, or a=20 person or body of the description specified in paragraph=20 (vi);

(viii) the interests of any person from whom = you have=20 received a gift or hospitality with an estimated value of = at least=20 =A325;

(ix) any land in your authority's area in = which you=20 have a beneficial interest;

(x) any land where the = landlord=20 is your authority and you are, or a firm in which you are = a=20 partner, a company of which you are a remunerated = director, or a=20 person or body of the description specified in paragraph = (vi) is,=20 the tenant;

(xi) any land in the authority's area = for which=20 you have a licence (alone or jointly with others) to = occupy for 28=20 days or longer; or

(b) a decision in relation to that business might = reasonably be=20 regarded as affecting your well-being or financial position = or the=20 well-being or financial position of a relevant person to a = greater=20 extent than the majority of=97

(2) In sub-paragraph (1)(b), a = relevant=20 person is=97

Disclosure of personal = interests
    =20 9. =97(1) Subject to sub-paragraphs (2) to (7), where = you have a=20 personal interest in any business of your authority and you = attend a=20 meeting of your authority at which the business is considered, = you=20 must disclose to that meeting the existence and nature of that = interest at the commencement of that consideration, or when = the=20 interest becomes apparent.

    (2) = Where=20 you have a personal interest in any business of your authority = which=20 relates to or is likely to affect a person described in = paragraph=20 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the = meeting=20 the existence and nature of that interest when you address the = meeting=20 on that business.

    (3) Where you = have a=20 personal interest in any business of the authority of the type = mentioned in paragraph 8(1)(a)(viii), you need not disclose = the nature=20 or existence of that interest to the meeting if the interest = was=20 registered more than three years before the date of the=20 meeting.

    (4) Sub-paragraph (1) = only=20 applies where you are aware or ought reasonably to be aware of = the=20 existence of the personal = interest.

    (5)=20 Where you have a personal interest but, by virtue of paragraph = 14,=20 sensitive information relating to it is not registered in your = authority's register of members' interests, you must indicate = to the=20 meeting that you have a personal interest, but need not = disclose the=20 sensitive information to the=20 meeting.

    (6) Subject to = paragraph=20 12(1)(b), where you have a personal interest in any business = of your=20 authority and you have made an executive decision in relation = to that=20 business, you must ensure that any written statement of that = decision=20 records the existence and nature of that=20 interest.

    (7) In this = paragraph,=20 "executive decision" is to be construed in accordance with any = regulations made by the Secretary of State under section 22 of = the=20 Local Government Act 2000[16].
Prejudicial=20 interest generally
     10. = =97(1)=20 Subject to sub-paragraph (2), where you have a personal = interest in=20 any business of your authority you also have a prejudicial = interest in=20 that business where the interest is one which a member of the = public=20 with knowledge of the relevant facts would reasonably regard = as so=20 significant that it is likely to prejudice your judgement of = the=20 public interest.

    (2) You do not = have a=20 prejudicial interest in any business of the authority where = that=20 business=97

Prejudicial interests arising in relation to overview = and=20 scrutiny committees
11. = You=20 also have a prejudicial interest in any business before an = overview=20 and scrutiny committee of your authority (or of a = sub-committee of=20 such a committee) where=97

Effect of prejudicial interests on=20 participation
12. = =97(1) Subject=20 to sub-paragraph (2), where you have a prejudicial interest in = any=20 business of your authority=97

unless you have obtained a dispensation from your = authority's=20 standards committee;

(b) you must not exercise = executive=20 functions in relation to that business; and

(c) you = must not=20 seek improperly to influence a decision about that=20 business.

(2) Where you have a prejudicial = interest=20 in any business of your authority, you may attend a meeting = (including=20 a meeting of the overview and scrutiny committee of your = authority or=20 of a sub-committee of such a committee) but only for the = purpose of=20 making representations, answering questions or giving evidence = relating to the business, provided that the public are also = allowed to=20 attend the meeting for the same purpose, whether under a = statutory=20 right or otherwise.

Part 3
Registration of Members' = Interests
Registration=20 of members' interests
= 13. =97(1)=20 Subject to paragraph 14, you must, within 28 days = of=97

register in your authority's register of members' interests = (maintained under section 81(1) of the Local Government Act = 2000)=20 details of your personal interests where they fall within a = category=20 mentioned in paragraph 8(1)(a), by providing written = notification to=20 your authority's monitoring=20 officer.

    (2) Subject to = paragraph 14,=20 you must, within 28 days of becoming aware of any new personal = interest or change to any personal interest registered under = paragraph=20 (1), register details of that new personal interest or change = by=20 providing written notification to your authority's monitoring=20 officer.

Sensitive=20 information
     14. =97(1) = Where you=20 consider that the information relating to any of your personal = interests is sensitive information, and your authority's = monitoring=20 officer agrees, you need not include that information when = registering=20 that interest, or, as the case may be, a change to that = interest under=20 paragraph 13.

    (2) You must, = within 28=20 days of becoming aware of any change of circumstances which = means that=20 information excluded under paragraph (1) is no longer = sensitive=20 information, notify your authority's monitoring officer asking = that=20 the information be included in your authority's register of = members'=20 interests.

    (3) In this Code, = "sensitive=20 information" means information whose availability for = inspection by=20 the public creates, or is likely to create, a serious risk = that you or=20 a person who lives with you may be subjected to violence or=20 intimidation.

EXPLANATORY NOTE

(This = note is=20 not part of the Order)

The Order contains = a model=20 code of conduct as regards the conduct which is expected of = members=20 and co-opted members of relevant authorities in England and = police=20 authorities in England and Wales. The Secretary of State has = power to=20 issue such a code under section 50 of the Local Government Act = 2000.=20 Under section 51 of that Act, each authority must adopt a code = of=20 conduct applying to its members and co-opted members which = must=20 incorporate any mandatory provisions of the Code. Under = section 51(5),=20 where an authority does not adopt such a code within six = months of the=20 Order coming into force, the mandatory provisions of the Code = will=20 apply to the members of the authority until it adopts its own=20 code.

Article 1 provides that this Order applies = to=20 specified authorities in England and police authorities in = England and=20 Wales.

Article 2 provides that a model code is = set out=20 in the Schedule to the Order, and states which of its = provisions are=20 mandatory.

Article 3 disapplies the statutory = provisions=20 relating to the National Code of Local Government Conduct and = members'=20 interests.

Article 4 revokes=97

the Local = Authorities (Model Code of Conduct) (England) Order 2001[17];
the=20 Parish Councils (Model Code of Conduct) Order 2001[18];
the=20 National Park and Broads Authorities (Model Code of Conduct) = (England)=20 Order 2001[19];=20 and

the Police Authorities (Model Code of Conduct) = Order=20 2001[20].
These=20 Orders continue to have effect in relation to misconduct = committed=20 before the date when the new code is adopted or applied to an=20 authority.

Article 4(3) provides that orders made under = section=20 83 of the Local Government Act 1972 shall have effect for the = purpose=20 of prescribing the form of a declaration of acceptance of=20 office.

In the Schedule to the=20 Order=97

Paragraph 1 of the Code provides = that the=20 Code applies to any member of an authority and that it is the=20 responsibility of each member to comply with the=20 Code.

Paragraph 2 of the Code provides that the = Code=20 applies whenever a member is acting in his or her official = capacity,=20 and in relation to conduct in a member's private capacity the = code=20 only applies where such conduct has resulted in a criminal = conviction.=20 Additionally, where a member is acting as a representative of = his or=20 her authority, he or she must continue to observe the = authority's=20 code, unless he or she is subject to another relevant = authority's=20 code, or unless (in relation to any other body) it conflicts = with any=20 other legal obligations.

Paragraph 3 of the Code = provides that members must treat others with respect and not = do=20 anything which may cause their authority to breach equality=20 legislation, or which compromises the impartiality of those = who work=20 for the authority or bully anyone or intimate persons involved = in code=20 of conduct cases.

Paragraph 4 of the Code = provides that=20 members must not without consent disclose confidential = information=20 they have acquired and must not prevent others from gaining = access to=20 information to which they are entitled.

Paragraph = 5 of=20 the Code provides that a member must not conduct himself or = herself in=20 a manner which could bring his or her authority into=20 disrepute.

Paragraph 6 of the Code provides that = a=20 member must not use his or her position improperly to gain an=20 advantage or confer a disadvantage and that when using or = authorising=20 the use of the authority's resources, he or she must act in = accordance=20 with the authority's reasonable requirements, must not permit = those=20 resources to be used for political purposes and must have = regard to=20 the Local Authority Code of Publicity.

Paragraph = 7 of=20 the Code provides that a member must have regard to advice = given by=20 the chief finance officer and monitoring officer and must give = reasons=20 for decisions made.

Paragraph 8 of the Code = provides a=20 list of matters which constitute a personal=20 interest.

Paragraph 9 of the Code provides that=20 generally a member with a personal interest in any business of = his or=20 her authority must disclose that interest at any meeting at = which the=20 business is considered.

Paragraph 10 of the Code = provides that generally a member with a personal interest also = has a=20 prejudicial interest if the interest could be regarded by a = member of=20 the public as so significant that it is likely to prejudice = his or her=20 judgement of the public interest. The paragraph provides that = in=20 specified circumstances a member may regard himself as not = having a=20 prejudicial interest.

Paragraph 11 of the Code = provides=20 that a member who was involved in making a decision or taking = action=20 on a matter must not be involved in the overview and scrutiny=20 committee's consideration of that decision or=20 action.

Paragraph 12 of the Code provides that a = member=20 with a prejudicial interest must, unless, for example, he or = she is=20 making representations and members of the public are also = allowed to=20 make representations on that matter, or he or she has obtained = a=20 dispensation, withdraw from any meetings at which the business = is=20 being considered, and must not improperly influence decisions = in=20 relation to the business.

Paragraph 13 of the = Code=20 provides that a member must notify the monitoring officer of = his or=20 her personal interests and any change to those interests must = also be=20 notified.

Paragraph 14 of the Code provides that = a=20 member may notify the monitoring officer of any sensitive = information=20 the availability of which to the public creates, or is likely = to=20 create, a serious risk that the member or a person who lives = with him=20 or her may be subjected to violence or intimidation.

Notes:

[1] 2000 c.22.back

[2] See the Relevant Authorities = (General=20 Principles) Order 20001 (S.I. 2001/1401).back

[3] 1972 c.70.back

[4] 1974 c.7. Section 30(3A) was inserted = by section=20 32(1) of the Local Government and Housing Act 1989 (c. 42), = with=20 effect from 1st April 1990.back

[5] 1989 c.42.back

[6] 1995 c.25.back

[7] 1999 c.29.back

[8] S.I. 2001/3575.back

[9] S.I. 2001/3576.back

[10] S.I. 2001/3577.back

[11] S.I. 2001/3578.back

[12] Orders made under section 83 of the = Local=20 Government Act 1972 were disapplied, by the Orders mentioned = in=20 article 4(1)(a) and (b) of this Order, and are here being = revived.back

[13] See the Relevant Authorities = (General=20 Principles) Order 2001 (S.I. 2001/1401).back

[14] 2006 c.3.back

[15] 1986 c.10.back

[16] See the Local Authorities = (Executive=20 Arrangements) (Access to Information) (England) Regulations = (S.I=20 2000/3272).back

[17] S.I. 2001/3575.back

[18] S.I. 2001/3576.back

[19] S.I. 2001/3577.back

[20] S.I. 2001/3578.back

ISBN 978 0 11 076721 5=20

Other UK=20 SIs | Home | National=20 Assembly for Wales Statutory Instruments | Scottish = Statutory Instruments | S= tatutory=20 Rules of Northern Ireland

We welcome your comments = on this=20 site

Prepared 4 April 2007=20

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