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STATUTORY
INSTRUMENTS
2007 No. 1159
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Authorities (Model Code of Conduct) Order
2007
Made
2nd April 2007
Laid before Parliament
4th April 2007
Coming into force
3rd May 2007
The Secretary of State for Communities and Local Government makes the
following Order in exercise of the powers conferred by sections 50(1) and
(4), 81(2) and (3), and 105(2), (3) and (4) of the Local Government Act 2000[1].
The Secretary of State has consulted in accordance
with section 50(5) of that Act.
The Secretary of State is satisfied that this Order
is consistent with the principles for the time being specified in an order
under section 49(1) of that Act[2].
(2) Subject to paragraphs (3) to (6), every provision of the Code in the Schedule to this
Order is mandatory for an authority.
(3) Paragraph 6(c) of the Code is not mandatory for
police authorities, the Greater London Authority, the Metropolitan Police
Authority, the London Fire and Emergency Planning Authority, fire and rescue
authorities and joint authorities.
(4) Paragraph 7 of the Code is not mandatory for
parish councils.
(5) Subject to sub-paragraph (6)(c) and (d) below,
paragraphs 10(2)(c)(i) and (ii), 11 and 12(2) of the Code are mandatory only
for county councils, district councils and London borough councils, the
Common Council of the City of London and the Council of the Isles of Scilly.
(6) The following provisions of the Code are
mandatory only for an authority which is operating executive arrangements—
(a) in paragraph 1(4), in
the definition of "meeting"—
(i) sub-paragraph (b);
(ii) in sub-paragraph (c), the words "or its executive's" and
", or area committees";
(b) paragraphs 9(6), 9(7) and 12(1)(b);
(c) in paragraph 11(a), the words "your authority's executive or"
(d) in paragraph 11(b), the word "executive,"; and
(a) the Local Authorities
(Model Code of Conduct) (England) Order 2001[8];
(b) the Parish Councils (Model Code of Conduct) Order 2001[9];
(c) the National Park and Broads Authorities (Model Code of Conduct)
(England) Order 2001[10]; and
(d) the Police Authorities (Model Code of Conduct) Order 2001[11].
(2) The Orders referred to in paragraph (1)
continue to have effect for the purposes of and for purposes connected with —
(a) the investigation of any written allegation under
Part 3 of the Local Government Act 2000, where that allegation relates to
conduct which took place before the date when, pursuant to section 51 of that
Act—
(i) the authority adopts a code of conduct incorporating
the mandatory provisions of the Code in the Schedule to this Order in place
of their existing code of conduct;
(ii) the authority revises their existing code of conduct to incorporate the
mandatory provisions of the Code in the Schedule to this Order; or
(iii) the mandatory provisions of the Code in the Schedule to this Order
apply to members or co-opted members of the authority under section 51(5)(b)
of that Act;
(b) the adjudication of a matter raised in
such an allegation; and
(c) an appeal against the decision of an interim case tribunal or case
tribunal in relation to such an allegation.
(3) Any order made under section 83 of the
Local Government Act 1972[12] shall
have effect for the purpose of prescribing the form of a declaration of
acceptance of office in relation to a county council, district council,
London borough council and a parish council.
Signed on behalf of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State Department for Communities and Local Government
Introduction and interpretation 1.—(1) This Code
applies to you as a member of an authority.
(2) You should read this Code together with the
general principles prescribed by the Secretary of State[13].
(3) It is your responsibility to comply with the
provisions of this Code.
(4) In this Code—
"meeting" means any
meeting of—
(a) the authority;
(b) the executive of the authority;
(c) any of the authority's or its executive's committees, sub-committees,
joint committees, joint sub-committees, or area committees;
"member"
includes a co-opted member and an appointed member.
(5) In relation to a parish council,
references to an authority's monitoring officer and an authority's standards
committee shall be read, respectively, as references to the monitoring
officer and the standards committee of the district council or unitary county
council which has functions in relation to the parish council for which it is
responsible under section 55(12) of the Local Government Act 2000.
Scope 2. —(1) Subject to sub-paragraphs (2) to (5), you must comply with this Code
whenever you—
(a) conduct the business of your authority (which, in
this Code, includes the business of the office to which you are elected or
appointed); or
(b) act, claim to act or give the impression you are acting as a
representative of your authority,
and references to your official capacity are
construed accordingly.
(2) Subject to sub-paragraphs (3) and (4), this Code
does not have effect in relation to your conduct other than where it is in
your official capacity.
(3) In addition to having effect in relation to
conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have
effect, at any other time, where that conduct constitutes a criminal offence
for which you have been convicted.
(4) Conduct to which this Code applies (whether that
is conduct in your official capacity or conduct mentioned in sub-paragraph
(3)) includes a criminal offence for which you are convicted (including an
offence you committed before the date you took office, but for which you are
convicted after that date).
(5) Where you act as a representative of your
authority—
(a) on another relevant authority, you must, when acting
for that other authority, comply with that other authority's code of conduct;
or
(b) on any other body, you must, when acting for that other body, comply with
your authority's code of conduct, except and insofar as it conflicts with any
other lawful obligations to which that other body may be subject.
General obligations 3.—(1) You must
treat others with respect.
(2) You must not—
(a) do anything which may cause your authority to breach
any of the equality enactments (as defined in section 33 of the Equality Act
2006[14]);
(b) bully any person;
(c) intimidate or attempt to intimidate any person who is or is likely to be—
(i) a complainant,
(ii) a witness, or
(iii) involved in the administration of any investigation or proceedings,
in relation to an allegation that a member (including yourself) has
failed to comply with his or her authority's code of conduct; or
(d) do anything which compromises or is likely to compromise the impartiality
of those who work for, or on behalf of, your authority.
(3) In relation to police authorities and the
Metropolitan Police Authority, for the purposes of sub-paragraph (2)(d) those who work for, or on behalf of, an authority are
deemed to include a police officer.
4. You must not—
(a) disclose information given to you in confidence by
anyone, or information acquired by you which you believe, or ought reasonably
to be aware, is of a confidential nature, except where—
(i) you have the consent of a person authorised to give
it;
(ii) you are required by law to do so;
(iii) the disclosure is made to a third party for the purpose of obtaining
professional advice provided that the third party agrees not to disclose the
information to any other person; or
(iv) the disclosure is—
(aa) reasonable and in the
public interest; and
(bb) made in good faith and in compliance with the reasonable requirements of
the authority; or
(b) prevent another person from gaining
access to information to which that person is entitled by law.
5. You must not conduct yourself in a
manner which could reasonably be regarded as bringing your office or
authority into disrepute.
6. You—
(a) must not use or attempt to use your position as a
member improperly to confer on or secure for yourself or any other person, an
advantage or disadvantage; and
(b) must, when using or authorising the use by others of the resources of
your authority—
(i) act in accordance with your authority's reasonable
requirements;
(ii) ensure that such resources are not used improperly for political
purposes (including party political purposes); and
(c) must have regard to any applicable
Local Authority Code of Publicity made under the Local Government Act 1986[15].
7. —(1) When reaching decisions on
any matter you must have regard to any relevant advice provided to you by—
(a) your authority's chief finance officer; or
(b) your authority's monitoring officer,
where that officer is acting pursuant to his
or her statutory duties.
(2) You must give reasons for all decisions in
accordance with any statutory requirements and any reasonable additional
requirements imposed by your authority.
Personal interests 8. —(1) You have a personal interest in any
business of your authority where either—
(a) it relates to or is
likely to affect—
(i) any body of which
you are a member or in a position of general control or management and to
which you are appointed or nominated by your authority;
(ii) any body—
(aa)
exercising functions of a public nature;
(bb) directed to charitable purposes; or
(cc) one of whose principal purposes includes the influence of public opinion
or policy (including any political party or trade union),
of which you are a member or in a
position of general control or management;
(iii) any employment or business carried on by you;
(iv) any person or body who employs or has appointed you;
(v) any person or body, other than a relevant authority, who has made a
payment to you in respect of your election or any expenses incurred by you in
carrying out your duties;
(vi) any person or body who has a place of business or land in your
authority's area, and in whom you have a beneficial interest in a class of
securities of that person or body that exceeds the nominal value of £25,000
or one hundredth of the total issued share capital (whichever is the lower);
(vii) any contract for goods, services or works made between your authority
and you or a firm in which you are a partner, a company of which you are a
remunerated director, or a person or body of the description specified in
paragraph (vi);
(viii) the interests of any person from whom you have received a gift or
hospitality with an estimated value of at least £25;
(ix) any land in your authority's area in which you have a beneficial
interest;
(x) any land where the landlord is your authority and you are, or a firm in
which you are a partner, a company of which you are a remunerated director,
or a person or body of the description specified in paragraph (vi) is, the
tenant;
(xi) any land in the authority's area for which you have a licence (alone or
jointly with others) to occupy for 28 days or longer; or
(b) a decision in relation to that
business might reasonably be regarded as affecting your well-being or
financial position or the well-being or financial position of a relevant person
to a greater extent than the majority of—
(i) (in the case of
authorities with electoral divisions or wards) other council tax payers,
ratepayers or inhabitants of the electoral division or ward, as the case may
be, affected by the decision;
(ii) (in the case of the Greater London Authority) other council tax payers,
ratepayers or inhabitants of the Assembly constituency affected by the
decision; or
(iii) (in all other cases) other council tax payers, ratepayers or
inhabitants of your authority's area.
(2) In
sub-paragraph (1)(b), a relevant person is—
(a) a member of your
family or any person with whom you have a close association; or
(b) any person or body who employs or has appointed such persons, any firm in
which they are a partner, or any company of which they are directors;
(c) any person or body in whom such persons have a beneficial interest in a
class of securities exceeding the nominal value of £25,000; or
(d) any body of a type described in sub-paragraph (1)(a)(i) or (ii).
Disclosure of personal interests 9.—(1) Subject to
sub-paragraphs (2) to (7), where
you have a personal interest in any business of your authority and you attend
a meeting of your authority at which the business is considered, you must
disclose to that meeting the existence and nature of that interest at the
commencement of that consideration, or when the interest becomes apparent.
(2) Where you have a personal interest in any
business of your authority which relates to or is likely to affect a person
described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa),
you need only disclose to the meeting the existence and nature of that
interest when you address the meeting on that business.
(3) Where you have a personal interest in any
business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the nature or existence
of that interest to the meeting if the interest was registered more than
three years before the date of the meeting.
(4) Sub-paragraph (1) only applies where you are
aware or ought reasonably to be aware of the existence of the personal
interest.
(5) Where you have a personal interest but, by virtue
of paragraph 14, sensitive information relating to it is not registered in
your authority's register of members' interests, you must indicate to the
meeting that you have a personal interest, but need not disclose the
sensitive information to the meeting.
(6) Subject to paragraph 12(1)(b),
where you have a personal interest in any business of your authority and you
have made an executive decision in relation to that business, you must ensure
that any written statement of that decision records the existence and nature
of that interest.
(7) In this paragraph, "executive decision"
is to be construed in accordance with any regulations made by the Secretary
of State under section 22 of the Local Government Act 2000[16].
Prejudicial interest generally 10.—(1) Subject to
sub-paragraph (2), where you have a personal interest in any business of your
authority you also have a prejudicial interest in that business where the
interest is one which a member of the public with knowledge of the relevant
facts would reasonably regard as so significant that it is likely to
prejudice your judgement of the public interest.
(2) You do not have a prejudicial interest in any
business of the authority where that business—
(a) does not affect your financial position or the
financial position of a person or body described in paragraph 8;
(b) does not relate to the determining of any approval, consent, licence,
permission or registration in relation to you or any person or body described
in paragraph 8; or
(c) relates to the functions of your authority in respect of—
(i) housing, where you are a tenant of your authority
provided that those functions do not relate particularly to your tenancy or
lease;
(ii) school meals or school transport and travelling expenses, where you are
a parent or guardian of a child in full time education, or are a parent
governor of a school, unless it relates particularly to the school which the
child attends;
(iii) statutory sick pay under Part XI of the Social Security Contributions
and Benefits Act 1992, where you are in receipt of, or are entitled to the
receipt of, such pay;
(iv) an allowance, payment or indemnity given to members;
(v) any ceremonial honour given to members; and
(vi) setting council tax or a precept under the Local Government Finance Act
1992.
Prejudicial interests arising in relation to overview and scrutiny
committees 11. You also have a prejudicial interest in
any business before an overview and scrutiny committee of your authority (or
of a sub-committee of such a committee) where—
(a) that business relates to a decision made (whether
implemented or not) or action taken by your authority's executive or another
of your authority's committees, sub-committees, joint committees or joint
sub-committees; and
(b) at the time the decision was made or action was taken, you were a member
of the executive, committee, sub-committee, joint committee or joint
sub-committee mentioned in paragraph (a) and you were present when that
decision was made or action was taken.
Effect of prejudicial interests on participation 12. —(1) Subject to sub-paragraph (2), where
you have a prejudicial interest in any business of your authority—
(a) you must withdraw from the room or chamber where a
meeting considering the business is being held—
(i) in a case where sub-paragraph (2) applies,
immediately after making representations, answering questions or giving
evidence;
(ii) in any other case, whenever it becomes apparent that the business is
being considered at that meeting;
unless you have obtained a dispensation
from your authority's standards committee;
(b) you must not exercise executive functions in relation to that business;
and
(c) you must not seek improperly to influence a decision about that business.
(2) Where you have a prejudicial interest in
any business of your authority, you may attend a meeting (including a meeting
of the overview and scrutiny committee of your authority or of a
sub-committee of such a committee) but only for the purpose of making representations,
answering questions or giving evidence relating to the business, provided
that the public are also allowed to attend the meeting for the same purpose,
whether under a statutory right or otherwise.
Registration of members' interests 13. —(1) Subject to paragraph 14, you must,
within 28 days of—
(a) this Code being
adopted by or applied to your authority; or
(b) your election or appointment to office (where that is later),
register in your authority's
register of members' interests (maintained under section 81(1) of the Local
Government Act 2000) details of your personal interests where they fall
within a category mentioned in paragraph 8(1)(a), by providing written
notification to your authority's monitoring officer.
(2) Subject to paragraph 14, you must, within 28 days
of becoming aware of any new personal interest or change to any personal
interest registered under paragraph (1), register details of that new
personal interest or change by providing written notification to your
authority's monitoring officer.
Sensitive information 14. —(1) Where you consider that the
information relating to any of your personal interests is sensitive
information, and your authority's monitoring officer agrees, you need not
include that information when registering that interest, or, as the case may
be, a change to that interest under paragraph 13.
(2) You must, within 28 days of becoming aware of any
change of circumstances which means that information excluded under paragraph
(1) is no longer sensitive information, notify your authority's monitoring
officer asking that the information be included in your authority's register
of members' interests.
(3) In this Code, "sensitive information"
means information whose availability for inspection by the public creates, or
is likely to create, a serious risk that you or a person who lives with you
may be subjected to violence or intimidation.
The Order contains a model code of conduct as regards the conduct which is
expected of members and co-opted members of relevant authorities in England and police authorities in England and Wales. The Secretary of State has power to issue such a code
under section 50 of the Local Government Act 2000. Under section 51 of that
Act, each authority must adopt a code of conduct applying to its members and
co-opted members which must incorporate any mandatory provisions of the Code.
Under section 51(5), where an authority does not adopt such a code within six
months of the Order coming into force, the mandatory provisions of the Code
will apply to the members of the authority until it adopts its own code.
Article 1 provides that this Order applies to specified authorities in
England and police authorities in England and Wales.
Article 2 provides that a model code is set out in the Schedule to the
Order, and states which of its provisions are mandatory.
Article 3disapplies the statutory
provisions relating to the National Code of Local Government Conduct and
members' interests.
Article 4 revokes—
the Local Authorities (Model Code of Conduct) (England) Order 2001[17];
the Parish Councils (Model Code of Conduct) Order 2001[18];
the National Park and Broads Authorities (Model Code of Conduct) (England)
Order 2001[19]; and
the Police Authorities (Model Code of Conduct) Order 2001[20].
These Orders continue to have effect in relation to misconduct committed
before the date when the new code is adopted or applied to an authority.
Article 4(3) provides that orders made under section 83 of the Local
Government Act 1972 shall have effect for the purpose of prescribing the form
of a declaration of acceptance of office.
In the Schedule to the Order—
Paragraph 1 of the Code provides that the Code applies to any member
of an authority and that it is the responsibility of each member to comply
with the Code.
Paragraph 2 of the Code provides that the Code applies whenever a
member is acting in his or her official capacity, and in relation to conduct
in a member's private capacity the code only applies where such conduct has
resulted in a criminal conviction. Additionally, where a member is acting as
a representative of his or her authority, he or she must continue to observe
the authority's code, unless he or she is subject to another relevant
authority's code, or unless (in relation to any other body) it conflicts with
any other legal obligations.
Paragraph 3 of the Code provides that members must treat others with
respect and not do anything which may cause their authority to breach
equality legislation, or which compromises the impartiality of those who work
for the authority or bully anyone or intimate persons involved in code of
conduct cases.
Paragraph 4 of the Code provides that members must not without consent
disclose confidential information they have acquired and must not prevent
others from gaining access to information to which they are entitled.
Paragraph 5 of the Code provides that a member must not conduct
himself or herself in a manner which could bring his or her authority into
disrepute.
Paragraph 6 of the Code provides that a member must not use his or her
position improperly to gain an advantage or confer a disadvantage and that
when using or authorising the use of the authority's resources, he or she
must act in accordance with the authority's reasonable requirements, must not
permit those resources to be used for political purposes and must have regard
to the Local Authority Code of Publicity.
Paragraph 7 of the Code provides that a member must have regard to
advice given by the chief finance officer and monitoring officer and must
give reasons for decisions made.
Paragraph 8 of the Code provides a list of matters which constitute a
personal interest.
Paragraph 9 of the Code provides that generally a member with a
personal interest in any business of his or her authority must disclose that
interest at any meeting at which the business is considered.
Paragraph 10 of the Code provides that generally a member with a
personal interest also has a prejudicial interest if the interest could be
regarded by a member of the public as so significant that it is likely to
prejudice his or her judgement of the public interest. The paragraph provides
that in specified circumstances a member may regard himself as not having a
prejudicial interest.
Paragraph 11 of the Code provides that a member who was involved in
making a decision or taking action on a matter must not be involved in the
overview and scrutiny committee's consideration of that decision or action.
Paragraph 12 of the Code provides that a member with a prejudicial
interest must, unless, for example, he or she is making representations and
members of the public are also allowed to make representations on that
matter, or he or she has obtained a dispensation, withdraw from any meetings
at which the business is being considered, and must not improperly influence
decisions in relation to the business.
Paragraph 13 of the Code provides that a member must notify the
monitoring officer of his or her personal interests and any change to those
interests must also be notified.
Paragraph 14 of the Code provides that a member may notify the
monitoring officer of any sensitive information the availability of which to
the public creates, or is likely to create, a serious risk that the member or
a person who lives with him or her may be subjected to violence or
intimidation.