The Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004

• Citation: S.I. 2004/1510 (W.)
• Sections: 3

Section 1 Name and commencement

(1) This Order is called the Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 2004 and shall come into force on 1 September 2004.

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

Section 2 Interpretation

In this Order —

“the 2001 Order” (“ Gorchymyn 2001 ”) means the Conduct of Members (Model Code of Conduct) (Wales) Order 2001 .

Section 3 Amendment to the 2001 Order

After Article 3 of the 2001 Order insert —

Provisions to be disapplied

(4)

(1) Where a relevant authority which is a county, county borough or community council or fire authority has adopted a code of conduct or such a code applies to it, the following shall, 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 ;

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

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

(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 shall, 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; and

(b) sections 19 and 31 of the Local Government and Housing Act 1989.

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