The Local Authorities (Model Code of Conduct) (Wales) Order 2008

Made: 20 March 2008

Laid before the National Assembly for Wales: 25 March 2008

Coming into force: 18 April 2008

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales by sections 50(2), 50(3), 50(4), 50(4E), 81(2), 81(3) and 105 of the Local Government Act 2000[^f00001] and now vested[^f00002] in them, having carried out such consultation as is required by virtue of section 50(5) of that Act and being satisfied that the model code of conduct being issued under section 50(2) is consistent with the principles specified in the Conduct of Members (Principles) (Wales) Order 2001[^f00003] made pursuant to section 49(2), make the following Order:

Title, commencement and application

1

• (1) The title of this Order is the Local Authorities (Model Code of Conduct) (Wales) Order 2008 and it comes into force on 18 April 2008.

• (2) This Order applies to each relevant authority in Wales.

Interpretation

2

In this Order —

• “the Act” (“y Ddeddf”) means the Local Government Act 2000;

• “co-opted member” (“aelod cyfetholedig”) has the meaning set out in Part 1 of the model code in the Schedule to this Order;

• “member” (“aelod”) has the meaning set out in Part 1 of the model code in the Schedule to this Order; and

• “relevant authority” (“awdurdod perthnasol”) has the meaning set out in Part 1 of the model code in the Schedule to this Order.

Model Code of Conduct

3

• (1) A model code as regards the conduct which is expected of members of a relevant authority is set out in the Schedule to this Order.

• (2) For the purposes of section 50(4) of the Act, the provisions of the model code are to be regarded as mandatory.

Provisions to be disapplied

4

• (1) Where a relevant authority which is a county, county borough or community council or fire and rescue authority has adopted a code of conduct or such a code applies to it, the following will, where applicable to the relevant authority, be disapplied as respects that authority —

• (a) sections 94 to 98 and 105 of the Local Government Act 1972[^f00004]; and

• (b) any regulations made or code issued under sections 19 and 31 of the Local Government and Housing Act 1989[^f00005].

• (2) Where a relevant authority which is a National Park authority has adopted a code of conduct or such a code applies to it, the following will, where applicable to the relevant authority, be disapplied as respects that authority —

• (a) paragraphs 9 and 10 of Schedule 7 to the Environment Act 1995[^f00006]; and

• (b) any regulations made or code issued under sections 19 and 31 of the Local Government and Housing Act 1989.

• (3) Section 16(1) of the Interpretation Act 1978[^f00007] will apply to a disapplication under paragraph (1) or (2) above as if it were a repeal, by an Act, of an enactment.

Revocation

5

The following orders are revoked:

• (a) the Conduct of Members (Model Code of Conduct) (Wales) Order 2001[^f00008];

• (b) the Conduct of Members (Model Code of Conduct) (Amendment) (Wales) Order 2004[^f00009]; and

• (c) the Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004[^f00010].

Transitional Provisions and Savings

6

The orders referred to in article 5 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 Act, where that allegation relates to conduct that occurred before the date when, pursuant to section 51 of the Act[^f00011]—

• (i) the relevant authority adopts a code of conduct incorporating the mandatory provisions of the model code of conduct in the Schedule to this Order in place of its existing code of conduct;

• (ii) the relevant authority revises its existing code of conduct to incorporate the mandatory provisions of the model code of conduct in the Schedule to this Order; or

• (iii) the mandatory provisions of the model code of conduct in the Schedule to this Order apply to members or co-opted members of the relevant authority under section 51(5)(b) of that Act;

• (b) the adjudication (or determination) of a matter raised in such an allegation; and

• (c) an appeal against the decision of a standards committee, an interim case tribunal or case tribunal in relation to such an allegation.

SCHEDULE — THE MODEL CODE OF CONDUCT

PART 1 — INTERPRETATION

1

• (1) In this code —

• “co-opted member” (“aelod cyfetholedig”), in relation to a relevant authority, means a person who is not a member of the authority but who —is a member of any committee or sub-committee of the authority, oris 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;

• “meeting” (“cyfarfod”) means any meeting —of the relevant authority,of any executive or board of the relevant authority,of any committee, sub-committee, joint committee or joint sub-committee of the relevant authority or of any such committee, sub-committee, joint committee or joint sub-committee of any executive or board of the authority, orwhere members or officers of the relevant authority are present other than a meeting of a political group constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990[^f00012],and includes circumstances in which a member of an executive or board or an officer acting alone exercises a function of an authority;

• “member” (“aelod”) includes, unless the context requires otherwise, a co-opted member;

• “protected characteristics” (“nodweddion gwarchodedig”) has the meaning given by section 4 of the Equality Act 2010;

• “register of members’ interests” (“cofrestr o fuddiannau’r aelodau”) means the register established and maintained under section 81 of the Local Government Act 2000;

• “registered society” means a society, other than a society registered as a credit union, which is—a registered society within the meaning given by section 1(1) of the Co-operative and Community Benefit Societies Act 2014; ora society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;

• “relevant authority” (“awdurdod perthnasol”) means—a county council,a county borough council,a community council, a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1), a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004[^f00013] or a scheme to which section 4 of that Act applies,a National Park authority established under section 63 of the Environment Act 1995[^f00014];

• “you” (“chi”) means you as a member or co-opted member of a relevant authority; and

• “your authority” (“eich awdurdod”) means the relevant authority of which you are a member or co-opted member.

• (2) In relation to a community council—

• (a) “proper officer” (“swyddog priodol”) means an officer of that council within the meaning of section 270(3) of the Local Government Act 1972; and

• (b) “standards committee” (“pwyllgor safonau”) means the standards committee of the county or county borough council which has functions in relation to the community council for which it is responsible under section 56(1) and (2) of the Local Government Act 2000.

PART 2 — GENERAL PROVISIONS

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• (1) Save where paragraph 3(a) applies, you must observe this code of conduct —

• (a) whenever you conduct the business, or are present at a meeting, of your authority;

• (b) whenever you act, claim to act or give the impression you are acting in the role of member to which you were elected or appointed;

• (c) whenever you act, claim to act or give the impression you are acting as a representative of your authority; or

• (d) at all times and in any capacity, in respect of conduct identified in paragraphs 6(1)(a) and 7.

• (2) You should read this code together with the general principles prescribed under section 49(2) of the Local Government Act 2000 in relation to Wales.

3

Where you are elected, appointed or nominated by your authority to serve —

• (a) on another relevant authority, or any other body, which includes a ... Local Health Board you must, when acting for that other authority or body, comply with the code of conduct of that other authority or body; or

• (b) on any other body which does not have a code relating to the conduct of its members, you must, when acting for that other body, comply with this code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

4

You must —

• (a) carry out your duties and responsibilities with due regard to the principle that there should be equality of opportunity for all people, regardless of their protected characteristics or socio-economic circumstances;

• (b) show respect and consideration for others;

• (c) not use bullying behaviour or harass any person; and

• (d) not do anything which compromises, or which is likely to compromise, the impartiality of those who work for, or on behalf of, your authority.

5

You must not —

• (a) disclose confidential information or information which should reasonably be regarded as being of a confidential nature, without the express consent of a person authorised to give such consent, or unless required by law to do so;

• (b) prevent any person from gaining access to information to which that person is entitled by law.

6

• (1) You must —

• (a) not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute;

• (b) report, whether through your authority’s confidential reporting procedure or direct to the proper authority, any conduct by another member or anyone who works for, or on behalf of, your authority which you reasonably believe involves or is likely to involve criminal behaviour (which for the purposes of this paragraph does not include offences or behaviour capable of punishment by way of a fixed penalty);

• (c) report ... to your authority’s monitoring officer any conduct by another member which you reasonably believe breaches this code of conduct;

• (d) not make vexatious, malicious or frivolous complaints against other members or anyone who works for, or on behalf of, your authority.

• (2) You must comply with any request of your authority’s monitoring officer, or the Public Services Ombudsman for Wales, in connection with an investigation conducted in accordance with their respective statutory powers.

7

You must not —

• (a) in your official capacity or otherwise, use or attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage;

• (b) use, or authorise others to use, the resources of your authority —

• (i) imprudently;

• (ii) in breach of your authority’s requirements;

• (iii) unlawfully;

• (iv) other than in a manner which is calculated to facilitate, or to be conducive to, the discharge of the functions of the authority or of the office to which you have been elected or appointed;

• (v) improperly for political purposes; or

• (vi) improperly for private purposes.

8

You must —

• (a) when participating in meetings or reaching decisions regarding the business of your authority, do so on the basis of the merits of the circumstances involved and in the public interest having regard to any relevant advice provided by your authority’s officers, in particular by —

• (i) the authority’s head of paid service for authorities other than county councils and county borough councils, and the authority’s chief executive if the authority is a county council or county borough council;

• (ii) the authority’s chief finance officer;

• (iii) the authority’s monitoring officer;

• (iv) the authority’s chief legal officer (who should be consulted when there is any doubt as to the authority’s power to act, as to whether the action proposed lies within the policy framework agreed by the authority or where the legal consequences of action or failure to act by the authority might have important repercussions);

• (b) give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

9

You must —

• (a) observe the law and your authority’s rules governing the claiming of expenses and allowances in connection with your duties as a member;

• (b) avoid accepting from anyone gifts, hospitality (other than official hospitality, such as a civic reception or a working lunch duly authorised by your authority), material benefits or services for yourself or any person which might place you, or reasonably appear to place you, under an improper obligation.

PART 3 — INTERESTS

Personal Interests

10

• (1) You must in all matters consider whether you have a personal interest, and whether this code of conduct requires you to disclose that interest.

• (2) You must regard yourself as having a personal interest in any business of your authority if —

• (a) it relates to, or is likely to affect —

• (i) any employment or business carried on by you;

• (ii) any person who employs or has appointed you, any firm in which you are a partner or any company for which you are a remunerated director;

• (iii) any person, other than your authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties as a member;

• (iv) any corporate body which has a place of business or land in your authority’s area, and in which you have a beneficial interest in a class of securities of that body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital of that body;

• (v) 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 body of the description specified in sub-paragraph (iv) above;

• (vi) any land in which you have a beneficial interest and which is in the area of your authority;

• (vii) any land where the landlord is your authority and the tenant is a firm in which you are a partner, a company of which you are a remunerated director, or a body of the description specified in sub-paragraph (iv) above;

• (viii) any body to which you have been elected, appointed or nominated by your authority;

• (ix) any —

• (aa) public authority or body exercising functions of a public nature;

• (bb) company, registered society , charity, or body directed to charitable purposes;

• (cc) body whose principal purposes include the influence of public opinion or policy;

• (dd) trade union or professional association; or

• (ee) private club, society or association operating within your authority’s area,

in which you have membership or hold a position of general control or management;

• (x) any land in your authority’s area in which you have a licence (alone or jointly with others) to occupy for 28 days or longer;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a decision upon it might reasonably be regarded as affecting —

• (i) your well-being or financial position, or that of a person with whom you live, or any person with whom you have a close personal association;

• (ii) any employment or business carried on by persons as described in 10(2)(c)(i);

• (iii) any person who employs or has appointed such persons described in 10(2)(c)(i), any firm in which they are a partner, or any company of which they are directors;

• (iv) any corporate body in which persons as described in 10(2)(c)(i) have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or

• (v) any body listed in paragraphs 10(2)(a)(ix)(aa) to (ee) in which persons described in 10(2)(c)(i) hold a position of general control or management,

to a greater extent than the majority of—

• (aa) in the case of an authority with electoral divisions or wards, other council tax payers, rate payers or inhabitants of the electoral division or ward, as the case may be, affected by the decision; or

• (bb) in all other cases, other council tax payers, ratepayers or inhabitants of the authority’s area.

Disclosure of Personal Interests

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• (1) Where you have a personal interest in any business of your authority and you attend a meeting at which that business is considered, you must disclose orally to that meeting the existence and nature of that interest before or 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 and you make —

• (a) written representations (whether by letter, facsimile or some other form of electronic communication) to a member or officer of your authority regarding that business, you should include details of that interest in the written communication; or

• (b) oral representations (whether in person or some form of electronic communication) to a member or officer of your authority you should disclose the interest at the commencement of such representations, or when it becomes apparent to you that you have such an interest, and confirm the representation and interest in writing within 14 days of the representation.

• (3) Subject to paragraph 14(1)(b) below, where you have a personal interest in any business of your authority and you have made a decision in exercising a function of an executive or board, you must in relation to that business ensure that any written statement of that decision records the existence and nature of your interest.