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The National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001

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PART 1GENERAL PROVISIONS

Scope

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 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(1), 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.

General Obligations

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.

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.

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.

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.

6.  A member must when reaching decisions have regard to any relevant advice provided to him by the authority’s monitoring officer acting in pursuance of his duties under section 5(2) of the Local Government and Housing Act 1989(2), including where he is so acting by virtue of paragraph 13(7)(b) of Schedule 7 to the Environment Act 1995(3).

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.

(1)

See section 49(6) of the Local Government Act 2000 for the definition of “relevant authority”.

(2)

Section 5 of the Local Government and Housing Act 1989 was amended by articles 1, 2 and 23 of S.I. 2001/2237; section 107 of and paragraphs 24 of Schedule 5 to the Local Government Act 2000; sections 43 and 93, of paragraph 35 of Schedule 4 to and Schedule 9 to the Police and Magistrates' Court Act 1994; section 103 of and paragraph 1(2) of Schedule 7 to the Police Act 1996; sections 127(2) and 325 of and paragraph 62 of Schedule 27 to the Greater London Authority Act 1999; and section 120 of and Schedule 24 to the Environment Act 1995.

(3)

1995 c. 25. Under this provision, section 5 of the Local Government and Housing Act 1989 applies to National Park authorities as it applies to a relevant authority under that section.

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