The Local Authorities (Model Code of Conduct) (England) Order 2001

• Citation: S.I. 2001/3575
• Sections: 37

Section 1 Citation, commencement and application

(1) This Order may be cited as the Local Authorities (Model Code of Conduct) (England) Order 2001 and shall come into force on 27th November 2001.

(2) This Order applies in relation to these authorities in England —

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) the Greater London Authority;

(e) the London Fire and Emergency Planning Authority;

(f) the Common Council of the City of London in its capacity as a local authority or police authority;

(g) the Council of the Isles of Scilly;

(h) a fire authority constituted by a combination scheme under the Fire Services Act 1947 ; and

(i) a joint authority established by Part IV of the Local Government Act 1985 ,

and references to “authority” shall be construed accordingly.

Section 2 Model code of conduct—authorities operating executive arrangements

(1) The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members of authorities which are operating executive arrangements and that code is set out in Schedule 1 to this Order.

(2) For such authorities, all the provisions of the model code in Schedule 1 to this Order are mandatory .

(3) Where an authority which is not operating executive arrangements begins to do so, Schedule 1 to this Order shall have effect in relation to that authority as if it consisted of mandatory provisions of a model code of conduct issued in a subsequent order made under section 51(2) of the Local Government Act 2000 on the day on which the authority begins to operate those arrangements.

Section 3 Model code of conduct—authorities not operating executive arrangements

(1) The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members of authorities which are not operating executive arrangements and that code is set out in Schedule 2 to this Order.

(2) For such authorities, all the provisions of the model code in Schedule 2 to this Order are mandatory.

(3) Where an authority which is operating executive arrangements ceases to do so , Schedule 2 to this Order shall have effect in relation to that authority as if it consisted of mandatory provisions of a model code of conduct issued in a subsequent order made under section 51(2) of the Local Government Act 2000 on the day on which the authority ceases to operate those arrangements.

Section 4 Transitional provision

(1) On the day an authority’s code of conduct is adopted or applied to it, the following shall, where applicable to the authority, be disapplied as respects that authority until 27th July 2002—

(a) sections 94 to 98 and 105 of the Local Government Act 1972 ;

(b) any order made under section 83 of the Local Government Act 1972 ;

(c) section 30(3A) of the Local Government Act 1974 ;

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

(e) in section 17 of the Audit Commission Act 1998, subsections (1)(b), (3), (5)(b), (7) and (8) and in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b) ;

(f) section 18 of the Audit Commission Act 1998 ;

(g) any order made under section 28 of the Greater London Authority Act 1999 ; and

(h) any guidance issued under section 66 of the Greater London Authority Act 1999.

(2) Section 16(1) of the Interpretation Act 1978 shall apply to a disapplication under paragraph (1) above as if it were a repeal, by an Act, of an enactment.

Section 1

(1) A member must observe the authority’s code of conduct whenever he—

(a) conducts the business of the authority;

(b) conducts the business of the office to which he has been elected or appointed; or

(c) acts as a representative of the authority,

and references to a member’s official capacity shall be construed accordingly.

(2) An authority’s code of conduct shall not, apart from paragraphs 4 and 5(a) below, have effect in relation to the activities of a member undertaken other than in an official capacity.

(3) Where a member acts as a representative of the authority—

(a) on another relevant authority , he must, when acting for that other authority, comply with that other authority’s code of conduct; or

(b) on any other body, he must, when acting for that other body, comply with the authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

(4) In this code, “member” includes a co-opted member of an authority.

Section 2

A member must—

(a) promote equality by not discriminating unlawfully against any person;

(b) treat others with respect; and

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

Section 3

A member must not—

(a) disclose information given to him in confidence by anyone, or information acquired which he believes is of a confidential nature, without the consent of a person authorised to give it, or unless he is required by law to do so; nor

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

Section 4

A member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute.

Section 5

A member—

(a) must not in his official capacity, or any other circumstance, use his position as a member improperly to confer on or secure for himself or any other person, an advantage or disadvantage; and

(b) must, when using or authorising the use by others of the resources of the authority—

(i) act in accordance with the authority’s requirements; and

(ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the authority or of the office to which the member has been elected or appointed.

Section 6

(1) A member must when reaching decisions—

(a) have regard to any relevant advice provided to him by—

(i) the authority’s chief finance officer acting in pursuance of his duties under section 114 of the Local Government Finance Act 1988 ; and

(ii) the authority’s monitoring officer acting in pursuance of his duties under section 5(2) of the Local Government and Housing Act 1989 ; and

(b) give the reasons for those decisions in accordance with the authority’s and any statutory requirements in relation to the taking of an executive decision.

(2) In sub-paragraph (1)(b) above and in paragraph 9(2) below, “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 .

Section 7

A member must, if he becomes aware of any conduct by another member which he reasonably believes involves a failure to comply with the authority’s code of conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for him to do so.

Section 8

(1) A member must regard himself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 14 and 15 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council tax payers, ratepayers or inhabitants of the authority’s area, the well-being or financial position of himself, a relative or a friend or—

(a) any employment or business carried on by such persons;

(b) any person 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 corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or

(d) any body listed in sub-paragraphs (a) to (e) of paragraph 15 below in which such persons hold a position of general control or management.

(2) In this paragraph—

(a) “relative” means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceeding persons; and

(b) “partner” in sub-paragraph (2)(a) above means a member of a couple who live together.

Section 9

(1) A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered 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) Subject to paragraph 12(1)(b) below, a member with a personal interest in any matter who has made an executive decision in relation to that matter must ensure that any written statement of that decision records the existence and nature of that interest.

Section 10

(1) Subject to sub-paragraph (2) below, a member with a personal interest in a matter also has a prejudicial interest in that matter if 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 the member’s judgement of the public interest.

(2) A member may regard himself as not having a prejudicial interest in a matter if that matter relates to—

(a) another relevant authority of which he is a member;

(b) another public authority in which he holds a position of general control or management;

(c) a body to which he has been appointed or nominated by the authority as its representative;

(d) the housing functions of the authority where the member holds a tenancy or lease with a relevant authority, provided that he does not have arrears of rent with that relevant authority of more than two months, and provided that those functions do not relate particularly to the member’s tenancy or lease;

(e) the functions of the authority in respect of school meals, transport and travelling expenses, where the member is a guardian or parent of a child in full time education, unless it relates particularly to the school which the child attends;

(f) the functions of the authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 , where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and

(g) the functions of the authority in respect of an allowance or payment made under sections 173 to 176 of the Local Government Act 1972 or section 18 of the Local Government and Housing Act 1989 .

Section 11

(1) For the purposes of this Part, a member must if he is involved in the consideration of a matter at a meeting of an overview and scrutiny committee of the authority or a sub-committee of such a committee, regard himself as having a personal and a prejudicial interest if that consideration relates to a decision made, or action taken, by another of the authority's—

(a) committees or sub-committees; or

(b) joint committees or joint sub-committees,

of which he may also be a member.

(2) But sub-paragraph (1) above shall not apply if that member attends that meeting for the purpose of answering questions or otherwise giving evidence relating to that decision or action.

Section 12

(1) Subject to sub-paragraph (2) below, a member with a prejudicial interest in any matter must—

(a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he has obtained a dispensation from the authority’s standard’s committee;

(b) not exercise executive functions in relation to that matter; and

(c) not seek improperly to influence a decision about that matter.

(2) A member with a prejudicial interest may, unless that interest is of a financial nature, and unless it is an interest of the type described in paragraph 11 above, participate in a meeting of the authority's—

(a) overview and scrutiny committees; and

(b) joint or area committees,

to the extent that such committees are not exercising functions of the authority or its executive.

Section 13

For the purposes of this Part, “meeting” means any meeting of—

(a) the authority;

(b) the executive of the authority; or

(c) any of the authority’s or its executive’s committees, sub-committees, joint committees, joint sub-committees, or area committees.

Section 14

Within 28 days of the provisions of an authority’s code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his financial interests in the authority’s register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the authority’s monitoring officer of—

(a) any employment or business carried on by him;

(b) the name of the person who employs or has appointed him, the name of any firm in which he is a partner, and the name of any company for which he is a remunerated director;

(c) the name of any person, other than a relevant authority, who has made a payment to him in respect of his election or any expenses incurred by him in carrying out his duties;

(d) the name of any corporate body which has a place of business or land in the authority’s area, and in which the member has 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;

(e) a description of any contract for goods, services or works made between the authority and himself or a firm in which he is a partner, a company of which he is a remunerated director, or a body of the description specified in sub-paragraph (d) above;

(f) the address or other description (sufficient to identify the location) of any land in which he has a beneficial interest and which is in the area of the authority;

(g) the address or other description (sufficient to identify the location) of any land where the landlord is the authority and the tenant is a firm in which he is a partner, a company of which he is a remunerated director, or a body of the description specified in sub-paragraph (d) above; and

(h) the address or other description (sufficient to identify the location) of any land in the authority’s area in which he has a licence (alone or jointly with others) to occupy for 28 days or longer.

Section 15

Within 28 days of the provisions of the authority’s code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his other interests in the authority’s register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the authority’s monitoring officer of his membership of or position of general control or management in any—

(a) body to which he has been appointed or nominated by the authority as its representative;

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

(c) company, industrial and provident society , charity, or body directed to charitable purposes;

(d) body whose principal purposes include the influence of public opinion or policy; and

(e) trade union or professional association.

Section 16

A member must within 28 days of becoming aware of any change to the interests specified under paragraphs 14 and 15 above, provide written notification to the authority’s monitoring officer of that change.

Section 17

A member must within 28 days of receiving any gift or hospitality over the value of £25, provide written notification to the authority’s monitoring officer of the existence and nature of that gift or hospitality.

Section 1

(1) A member must observe the authority’s code of conduct whenever he—

(a) conducts the business of the authority;

(b) conducts the business of the office to which he has been elected or appointed; or

(c) acts as a representative of the authority,

and references to a member’s official capacity shall be construed accordingly.

(2) An authority’s code of conduct shall not, apart from paragraphs 4 and 5(a) below, have effect in relation to the activities of a member undertaken other than in an official capacity.

(3) Where a member acts as a representative of the authority—

(a) on another relevant authority , he must, when acting for that other authority, comply with that other authority’s code of conduct; or

(b) on any other body, he must, when acting for that other body, comply with the authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

(4) In this code, “member” includes a co-opted member of an authority.

Section 2

A member must—

(a) promote equality by not discriminating unlawfully against any person;

(b) treat others with respect; and

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

Section 3

A member must not—

(a) disclose information given to him in confidence by anyone, or information acquired which he believes is of a confidential nature, without the consent of a person authorised to give it, or unless he is required by law to do so; nor

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

Section 4

A member must not in his official capacity, or any other circumstance, conduct himself in a manner which could reasonably be regarded as bringing his office or authority into disrepute.

Section 5

A member—

(a) must not be in his official capacity, or any other circumstance, use his position as a member improperly to confer on or secure for himself or any other person, an advantage or disadvantage; and

(b) must, when using or authorising the use by others of the resources of the authority,—

(i) act in accordance with the authority’s requirements; and

(ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the authority or of the office to which the member has been elected or appointed.

Section 6

A member must when reaching decisions have regard to any relevant advice provided to him by—

(a) the authority’s chief finance officer acting in pursuance of his duties under section 114 of the Local Government Finance Act 1988 or an equivalent provision in any regulations made under section 6(6) of the Local Government and Housing Act 1989 ; and

(b) the authority’s monitoring officer acting in pursuance of his duties under section 5(2) of the Local Government and Housing Act 1989 .

Section 7

A member must, if he becomes aware of any conduct by another member which he reasonably believes involves a failure to comply with the authority’s code if conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for him to do so.

Section 8

(1) A member must regard himself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 13 and 14 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council tax payers, ratepayers, or inhabitants of the authority’s area, the well-being or financial position of himself, a relative or a friend or—

(a) any employment or business carried on by such persons;

(b) any person 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 corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or

(d) any body listed in sub-paragraphs (a) to (e) of paragraph 14 below in which such persons hold a position of general control or management.

(2) In this paragraph—

(a) “relative” means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and

(b) “partner” in sub-paragraph (2)(a) above means a member of a couple who live together.

Section 9

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

Section 10

(1) Subject to sub-paragraph (2) below, a member with a personal interest in a matter also has a prejudicial interest in that matter if 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 the member’s judgement of the public interest.

(2) A member may regard himself as not having a prejudicial interest in a matter if that matter relates to—

(a) another relevant authority of which he is a member;

(b) another public authority in which he holds a position of general control or management;

(c) a body to which he has been appointed or nominated by the authority as its representative;

(d) the housing functions of the authority where the member holds a tenancy or lease with a relevant authority, provided that he does not have arrears of rent with that relevant authority of more than two months, and provided that those functions do not relate particularly to the member’s tenancy or lease;

(e) the functions of the authority in respect of school meals, transport and travelling expenses, where the member is a guardian or parent of a child in full time education, unless it relates particularly to the school which the child attends;

(f) the functions of the authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 , where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and

(g) any functions of the authority in respect of an allowance or payment made under sections 173 to 176 of the Local Government Act 1972 or section 18 of the Local Government and Housing Act 1989 .

Section 11

A member with a prejudicial interest in any matter must—

(a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he has obtained a dispensation from the authority’s standards committee; and

(b) not seek improperly to influence a decision about that matter.

Section 12

For the purposes of this Part, “meeting” means any meeting of—

(a) the authority; or

(b) any of the authority’s committees, sub-committees, joint committees, joint sub-committees, or advisory committees.

Section 13

Within 28 days of the provisions of an authority’s code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his financial interests in the authority’s register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the authority’s monitoring officer of—

(a) any employment or business carried on by him;

(b) the name of the person who employs or has appointed him, the name of any firm in which he is a partner, and the name of any company for which he is a remunerated director;

(c) the name of any person, other than a relevant authority, who has made a payment to him in respect of his election or any expenses incurred by him in carrying out his duties;

(d) the name of any corporate body which has a place of business or land in the authority’s area, and in which the member has 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;

(e) a description of any contract for goods, services or works made between the authority and himself or a firm in which he is a partner, a company of which he is a remunerated director, or a body of the description specified in sub-paragraph (d) above;

(f) the address or other description (sufficient to identify the location) of any land in which he has a beneficial interest and which is in the area of the authority;

(g) the address or other description (sufficient to identify the location) of any land where the landlord is the authority and the tenant is a firm in which he is a partner, a company of which he is a remunerated director, or a body of the description specified in sub-paragraph (d) above; and

(h) the address or other description (sufficient to identify the location) of any land in the authority’s area in which he has a licence (alone or jointly with others) to occupy for 28 days or longer.

Section 14

Within 28 days of the provisions of the authority’s code of conduct being adopted or applied to that authority or within 28 days of his election or appointment to office (if that is later), a member must register his other interests in the authority’s register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the authority’s monitoring officer of his membership of or position of general control or management in any—

(a) body to which he has been appointed or nominated by the authority as its representative;

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

(c) company, industrial and provident society , charity, or body directed to charitable purposes;

(d) body whose principal purposes include the influence of public opinion or policy; and

(e) trade union or professional association.

Section 15

A member must within 28 days of becoming aware of any changes to the interests specified under paragraphs 13 and 14 above, provide written notification to the authority’s monitoring officer of that change.

Section 16

A member must within 28 days of receiving any gift or hospitality over the value of £25, provide written notification to the authority’s monitoring officer of the existence and nature of that gift or hospitality.