(1) This Order may be cited as the Local Elections (Declaration of Acceptance of Office) (Amendment) (Wales) Order 2001 and shall come into force on 24th August 2001.
(2) This Order applies to each authority in Wales.
SourceS.I. 2001/2963 (W.)
The Local Elections (Declaration of Acceptance of Office) (Amendment) (Wales) Order 2001 (S.I. 2001/2963 (W.))
Section 83(1) of the Local Government Act 1972 (“the 1972 Act”) prohibits a person elected to the office of chairman, vice-chairman, councillor or elected mayor of a county or county borough council in Wales from acting in such office unless that person has made a declaration of acceptance of office in the form prescribed by order and that declaration has been delivered to the proper officer of the council within two months from the day of the election. If such a declaration is not made and delivered to the proper officer within the appointed time, the office of that person becomes vacant.
Data synced
ArticlesClick a number to jump; hover to preview the headingTap a number to jump to that section
In this Order —
“authority” means —
a county council,
a county borough council, and
a community council;
“the Communities Order ” means the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990 ;
“the Principal Councils Order ” means the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990 ;
“the Welsh Forms Order ” means the Local Elections (Declaration of Acceptance of Office) (Welsh Forms) Order 1991 .
(1) The Communities Order is amended in accordance with the following paragraphs of this Article.
(2) After Article 1, for “ Form of declaration of acceptance of office ”, substitute “ Forms of declaration of acceptance of office ”.
(3) For Article 2, substitute —
(2)
(1) The declaration of acceptance of office by the chairman or a councillor of a community council which has not at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 for the first time shall be in the form in Schedule 1 to this Order, or a form to the like effect.
(2) The declaration of acceptance of office by the chairman or a councillor of a community council which has at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 shall be in the form in Schedule 2 to this Order, or a form to the like effect.
(4) After Article 2,
(a) for “SCHEDULE”, substitute “SCHEDULE 1”,
(b) for “Article 2”, substitute “Article 2(1)”, and
(c) for “DECLARATION OF ACCEPTANCE OF OFFICE”, substitute “DECLARATION OF ACCEPTANCE OF OFFICE WHERE COMMUNITY COUNCIL HAS NOT AT THE TIME OF DECLARATION ADOPTED A CODE OF CONDUCT UNDER SECTION 51 OF THE LOCAL GOVERNMENT ACT 2000 FOR THE FIRST TIME”.
(5) After Schedule 1, insert —
DECLARATION OF ACCEPTANCE OF OFFICE WHERE COMMUNITY COUNCIL HAS AT THE TIME OF DECLARATION ADOPTED A CODE OF CONDUCT UNDER SECTION 51 OF THE LOCAL GOVERNMENT ACT 2000
(1) The Principal Councils Order is amended in accordance with the following paragraphs of this Article.
(2) After Article 1, for “ Form of declaration of acceptance of office ”, substitute “ Forms of declaration of acceptance of office ”.
(3) For Article 2, substitute —
(2)
(1) The declaration of acceptance of office by the chairman, vice-chairman, councillor or elected mayor of the council of a county or county borough which has not at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 for the first time shall be in the form in Schedule 1 to this Order, or a form to the like effect.
(2) The declaration of acceptance of office by the chairman, vice-chairman, councillor or elected mayor of the council of a county or county borough which has at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 shall be in the form in Schedule 2 to this Order, or a form to the like effect.
(4) After Article 2,
(a) for “SCHEDULE”, substitute “SCHEDULE 1”,
(b) for “Article 2”, substitute “Article 2(1)”, and
(c) for “DECLARATION OF ACCEPTANCE OF OFFICE”, substitute “DECLARATION OF ACCEPTANCE OF OFFICE WHERE COUNTY OR COUNTY BOROUGH COUNCIL HAS NOT AT THE TIME OF DECLARATION ADOPTED A CODE OF CONDUCT UNDER SECTION 51 OF THE LOCAL GOVERNMENT ACT 2000 FOR THE FIRST TIME”.
(5) After Schedule 1, insert —
DECLARATION OF ACCEPTANCE OF OFFICE WHERE COUNTY OR COUNTY BOROUGH COUNCIL HAS AT THE TIME OF DECLARATION ADOPTED A CODE OF CONDUCT UNDER SECTION 51 OF THE LOCAL GOVERNMENT ACT 2000
(1) The Welsh Forms Order is amended in accordance with the following paragraphs of this Article.
(2) For Article 2, substitute —
(2)
(1) The declaration of acceptance of office by the chairman, vice-chairman, councillor or elected mayor of the council of a county or county borough which has not at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 for the first time may be in the form in Schedule I to this Order, or a form to the like effect, in place of the declaration of acceptance of office set out in Schedule 1 to the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990.
(2) The declaration of acceptance of office by the chairman, vice-chairman, councillor or elected mayor of the council of a county or county borough which has at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 may be in the form in Schedule IA to this Order, or a form to the like effect, in place of the declaration of acceptance of office set out in Schedule 2 to the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990.
(3) For Article 3, substitute —
(3)
(1) The declaration of acceptance of office by the chairman or a councillor of a community council which has not at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 for the first time may be in the form in Schedule II to this Order, or a form to the like effect, in place of the declaration of acceptance of office set out in Schedule 1 to the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990.
(2) The declaration of acceptance of office by the chairman or a councillor of a community council which has at the time of declaration adopted a code as regards the conduct which is expected of its members and co-opted members under section 51 of the Local Government Act 2000 may be in the form in Schedule IIA to this Order, or a form to the like effect, in place of the declaration of acceptance of office set out in Schedule 2 to the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990.
(4) In Schedule I —
(a) for “Article 2”, substitute “Article 2(1)”, and
(b) for “DATGANIAD DERBYN SWYDD”, substitute “DATGANIAD DERBYN SWYDD OS NAD YW'R CYNGOR SIR NEU'R CYNGOR BWRDEISTREF SIROL AR ADEG Y DATGANIAD WEDI MABWYSIADU COD YMDDYGIAD O DAN ADRAN 51 O DDEDDF LLYWODRAETH LEOL 2000 AM Y TRO CYNTAF”.
(5) After Schedule I, insert —
DATGANIAD DERBYN SWYDD OS YW'R CYNGOR SIR NEU'R CYNGOR BWRDEISTREF SIROL AR ADEG Y DATGANIAD WEDI MABWYSIADU COD YMDDYGIAD O DAN ADRAN 51 O DDEDDF LLYWODRAETH LEOL 2000
(6) In Schedule II —
(a) for “Article 3”, substitute “Article 3(1)”, and
(b) for “DATGANIAD DERBYN SWYDD”, substitute “DATGANIAD DERBYN SWYDD LLE NAD YW'R CYNGOR CYMUNED AR ADEG Y DATGANIAD WEDI MABWYSIADU AM Y TRO CYNTAF GOD YMDDYGIAD O DAN ADRAN 51 O DDEDDF LLYWODRAETH LEOL 2000”.
(7) After Schedule II, insert —
DATGANIAD DERBYN SWYDD OS NAD YW'R CYNGOR CYMUNED AR ADEG Y DATGANIAD WEDI MABWYSIADU AM Y TRO CYNTAF GOD YMDDYGIAD O DAN ADRAN 51 O DDEDDF LLYWODRAETH LEOL 2000
Cite this legislation
- Official citation
- S.I. 2001/2963 (W.)
- Source
- legislation.gov.uk
- Data synced
- Licence
- OGL-3 ↗
The Local Elections (Declaration of Acceptance of Office) (Amendment) (Wales) Order 2001 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2001-2963
This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.
Related legislation
Relations are derived from the official revision history and the text of the instruments; only high-confidence links held on LawPlayer are listed. Refer to the official gazette for the complete picture.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).