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Local Government and Housing Act 1989
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- UK Public General Acts
- 1989 c. 42
- Part II
- Section 31
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Version Superseded: 01/07/1999
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Local Government and Housing Act 1989, Section 31 is up to date with all changes known to be in force on or before 09 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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31 National Code of Local Government Conduct.E+W+S
(1)The Secretary of State, for the guidance of members of local authorities, may issue a code of recommended practice as regards the conduct of members of such authorities to be known as the National Code of Local Government Conduct.
(2)The Secretary of State may revise or withdraw a code issued under this section.
(3)The Secretary of State, before issuing, revising or withdrawing a code, shall consult—
(a)as respects England and Wales, such representatives of local government,and
(b)as respects Scotland, such associations of local authorities,
as appear to him to be appropriate.
(4)A code shall not be issued unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(5)Where the Secretary of State proposes to revise a code, he shall lay a draft of the proposed alterations before each House of Parliament and—
(a)he shall not make the revision until after the expiration of the period of 40 days beginning with the day on which the draft is laid (or, if copies are laid before each House of Parliament on different days, with the later of those days); and
(b)if within that period either House resolves that the alterations be withdrawn, he shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).
(6)In reckoning any period of 40 days for the purposes of subsection (5) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(7)The form of declaration of acceptance of office under section 83 of the M1Local Government Act 1972 or section 33A of the M2Local Government (Scotland) Act 1973 may include an undertaking by the declarant to be guided by the National Code of Local Government Conduct in the performance of his functions.
(8)In this section—
“local authority” means—
(a)as respects England and Wales, a county council [F1a county borough council,], a district council, a London borough council, a parish council, a community council, the Common Council of the City of London or the Council of the Isles of Scilly;
(b)as respects Scotland, a [F2council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973; and
“member”, in relation to a local authority, includes any person who, whether or not a member of the authority, is a member of a committee or sub-committee of the authority or of any joint committee of theirs.
Textual Amendments
F1S. 31(8): words in para. (a) of the definition of
“local authority”
inserted (7.1.1997) by S.I. 1996/3071, art. 2, Sch. para. 3(4)
F2S. 31(8): words in para. (b) of the definition of
“local authority”
substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(1)(9); S.I. 1996/323, art. 4(1)(c)
Modifications etc. (not altering text)
C1S. 31 applied (S.) (temp. 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 11
S. 31 applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)
S. 31 extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 9 (with ss. 7(6), 115, 117, Sch. 8 para. 7)
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