2008 No. 788 (W.82)

LOCAL GOVERNMENT, WALES

The Local Authorities (Model Code of Conduct) (Wales) Order 2008

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales by sections 50(2), 50(3), 50(4), 50(4E), 81(2), 81(3) and 105 of the Local Government Act 20001 and now vested2 in them, having carried out such consultation as is required by virtue of section 50(5) of that Act and being satisfied that the model code of conduct being issued under section 50(2) is consistent with the principles specified in the Conduct of Members (Principles) (Wales) Order 20013 made pursuant to section 49(2), make the following Order:C1

Annotations:
Modifications etc. (not altering text)

Title, commencement and applicationI111

1

The title of this Order is the Local Authorities (Model Code of Conduct) (Wales) Order 2008 and it comes into force on 18 April 2008.

2

This Order applies to each relevant authority in Wales.

Annotations:
Commencement Information
I11

Art. 1 in force at 18.4.2008, see art. 1(1)

InterpretationI182

In this Order —

  • “the Act” (“y Ddeddf”) means the Local Government Act 2000;

  • “co-opted member” (“aelod cyfetholedig”) has the meaning set out in Part 1 of the model code in the Schedule to this Order;

  • “member” (“aelod”) has the meaning set out in Part 1 of the model code in the Schedule to this Order; and

  • “relevant authority” (“awdurdod perthnasol”) has the meaning set out in Part 1 of the model code in the Schedule to this Order.

Annotations:
Commencement Information
I18

Art. 2 in force at 18.4.2008, see art. 1(1)

Model Code of ConductI203

1

A model code as regards the conduct which is expected of members of a relevant authority is set out in the Schedule to this Order.

2

For the purposes of section 50(4) of the Act, the provisions of the model code are to be regarded as mandatory.

Annotations:
Commencement Information
I20

Art. 3 in force at 18.4.2008, see art. 1(1)

Provisions to be disappliedI24

1

Where a relevant authority which is a county, county borough or community council or fire and rescue authority has adopted a code of conduct or such a code applies to it, the following will, where applicable to the relevant authority, be disapplied as respects that authority —

a

sections 94 to 98 and 105 of the Local Government Act 19724; and

b

any regulations made or code issued under sections 19 and 31 of the Local Government and Housing Act 19895.

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 will, where applicable to the relevant authority, be disapplied as respects that authority —

a

paragraphs 9 and 10 of Schedule 7 to the Environment Act 19956; and

b

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

3

Section 16(1) of the Interpretation Act 19787 will apply to a disapplication under paragraph (1) or (2) above as if it were a repeal, by an Act, of an enactment.

Annotations:
Commencement Information
I2

Art. 4 in force at 18.4.2008, see art. 1(1)

RevocationI105

The following orders are revoked:

a

the Conduct of Members (Model Code of Conduct) (Wales) Order 20018;

b

the Conduct of Members (Model Code of Conduct) (Amendment) (Wales) Order 20049; and

c

the Conduct of Members (Model Code of Conduct) (Wales) (Amendment) (No. 2) Order 200410.

Annotations:
Commencement Information
I10

Art. 5 in force at 18.4.2008, see art. 1(1)

Transitional Provisions and SavingsI136

The orders referred to in article 5 continue to have effect for the purposes of and for purposes connected with —

a

the investigation of any written allegation under Part 3 of the Act, where that allegation relates to conduct that occurred before the date when, pursuant to section 51 of the Act11—

i

the relevant authority adopts a code of conduct incorporating the mandatory provisions of the model code of conduct in the Schedule to this Order in place of its existing code of conduct;

ii

the relevant authority revises its existing code of conduct to incorporate the mandatory provisions of the model code of conduct in the Schedule to this Order; or

iii

the mandatory provisions of the model code of conduct in the Schedule to this Order apply to members or co-opted members of the relevant authority under section 51(5)(b) of that Act;

b

the adjudication (or determination) of a matter raised in such an allegation; and

c

an appeal against the decision of a standards committee, an interim case tribunal or case tribunal in relation to such an allegation.

Annotations:
Commencement Information
I13

Art. 6 in force at 18.4.2008, see art. 1(1)

Brian GibbonsMinister for Social Justice and Local Government, one of the Welsh Ministers

SCHEDULETHE MODEL CODE OF CONDUCT

PART 1INTERPRETATION

I121

1

In this code —

  • “co-opted member” (“aelod cyfetholedig”), in relation to a relevant authority, means a person who is not a member of the authority but who —

    1. a

      is a member of any committee or sub-committee of the authority, or

    2. b

      is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

    and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee;

  • “meeting” (“cyfarfod”) means any meeting —

    1. a

      of the relevant authority,

    2. b

      of any executive or board of the relevant authority,

    3. c

      of any committee, sub-committee, joint committee or joint sub-committee of the relevant authority or of any such committee, sub-committee, joint committee or joint sub-committee of any executive or board of the authority, or

    4. d

      where members or officers of the relevant authority are present other than a meeting of a political group constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 199012,

    and includes circumstances in which a member of an executive or board or an officer acting alone exercises a function of an authority;

  • “member” (“aelod”) includes, unless the context requires otherwise, a co-opted member;

  • F12“register of members’ interests” (“cofrestr o fuddiannau’r aelodau”) means the register established and maintained under section 81 of the Local Government Act 2000;

  • F6“registered society” means a society, other than a society registered as a credit union, which is—

    1. (a)

      a registered society within the meaning given by section 1(1) of the Co-operative and Community Benefit Societies Act 2014; or

    2. (b)

      a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;

  • “relevant authority” (“awdurdod perthnasol”) means—

    1. a

      a county council,

    2. b

      a county borough council,

    3. c

      a community council,

    4. ca

      F14a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1),

    5. e

      a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 200413 or a scheme to which section 4 of that Act applies,

    6. f

      a National Park authority established under section 63 of the Environment Act 199514;

  • “you” (“chi”) means you as a member or co-opted member of a relevant authority; and

  • “your authority” (“eich awdurdod”) means the relevant authority of which you are a member or co-opted member.

F92

In relation to a community council—

a

“proper officer” (“swyddog priodol”) means an officer of that council within the meaning of section 270(3) of the Local Government Act 1972; and

b

“standards committee” (“pwyllgor safonau”) means the standards committee of the county or county borough council which has functions in relation to the community council for which it is responsible under section 56(1) and (2) of the Local Government Act 2000.

PART 2GENERAL PROVISIONS

I222

1

Save where paragraph 3(a) applies, you must observe this code of conduct —

a

whenever you conduct the business, or are present at a meeting, of your authority;

b

whenever you act, claim to act or give the impression you are acting in the role of member to which you were elected or appointed;

c

whenever you act, claim to act or give the impression you are acting as a representative of your authority; or

d

at all times and in any capacity, in respect of conduct identified in paragraphs 6(1)(a) and 7.

2

You should read this code together with the general principles prescribed under section 49(2) of the Local Government Act 2000 in relation to Wales.

Annotations:
Commencement Information
I22

Sch. para. 2 in force at 18.4.2008, see art. 1(1)

I233

Where you are elected, appointed or nominated by your authority to serve —

a

on another relevant authority, or any other body, which includes a F10... Local Health Board you must, when acting for that other authority or body, comply with the code of conduct of that other authority or body; or

b

on any other body which does not have a code relating to the conduct of its members, you must, when acting for that other body, comply with this code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

I154

You must —

a

carry out your duties and responsibilities with due regard to the principle that there should be equality of opportunity for all people, regardless of their gender, race, disability, sexual orientation, age or religion;

b

show respect and consideration for others;

c

not use bullying behaviour or harass any person; and

d

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

Annotations:
Commencement Information
I15

Sch. para. 4 in force at 18.4.2008, see art. 1(1)

I215

You must not —

a

disclose confidential information or information which should reasonably be regarded as being of a confidential nature, without the express consent of a person authorised to give such consent, or unless required by law to do so;

b

prevent any person from gaining access to information to which that person is entitled by law.

Annotations:
Commencement Information
I21

Sch. para. 5 in force at 18.4.2008, see art. 1(1)

I66

1

You must —

a

not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute;

b

report, whether through your authority’s confidential reporting procedure or direct to the proper authority, any conduct by another member or anyone who works for, or on behalf of, your authority which you reasonably believe involves or is likely to involve criminal behaviour (which for the purposes of this paragraph does not include offences or behaviour capable of punishment by way of a fixed penalty);

c

report F3... to your authority’s monitoring officer any conduct by another member which you reasonably believe breaches this code of conduct;

d

not make vexatious, malicious or frivolous complaints against other members or anyone who works for, or on behalf of, your authority.

2

You must comply with any request of your authority’s monitoring officer, or the Public Services Ombudsman for Wales, in connection with an investigation conducted in accordance with their respective statutory powers.

I167

You must not —

a

in your official capacity or otherwise, use or attempt to use your position improperly to confer on or secure for yourself, or any other person, an advantage or create or avoid for yourself, or any other person, a disadvantage;

b

use, or authorise others to use, the resources of your authority —

i

imprudently;

ii

in breach of your authority’s requirements;

iii

unlawfully;

iv

other than in a manner which is calculated to facilitate, or to be conducive to, the discharge of the functions of the authority or of the office to which you have been elected or appointed;

v

improperly for political purposes; or

vi

improperly for private purposes.

Annotations:
Commencement Information
I16

Sch. para. 7 in force at 18.4.2008, see art. 1(1)

I148

You must —

a

when participating in meetings or reaching decisions regarding the business of your authority, do so on the basis of the merits of the circumstances involved and in the public interest having regard to any relevant advice provided by your authority’s officers, in particular by —

i

the authority’s head of paid service F4for authorities other than county councils and county borough councils, and the authority’s chief executive if the authority is a county council or county borough council;

ii

the authority’s chief finance officer;

iii

the authority’s monitoring officer;

iv

the authority’s chief legal officer (who should be consulted when there is any doubt as to the authority’s power to act, as to whether the action proposed lies within the policy framework agreed by the authority or where the legal consequences of action or failure to act by the authority might have important repercussions);

b

give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

I49

You must —

a

observe the law and your authority’s rules governing the claiming of expenses and allowances in connection with your duties as a member;

b

avoid accepting from anyone gifts, hospitality (other than official hospitality, such as a civic reception or a working lunch duly authorised by your authority), material benefits or services for yourself or any person which might place you, or reasonably appear to place you, under an improper obligation.

Annotations:
Commencement Information
I4

Sch. para. 9 in force at 18.4.2008, see art. 1(1)

PART 3INTERESTS

Personal Interests

I710

1

You must in all matters consider whether you have a personal interest, and whether this code of conduct requires you to disclose that interest.

2

You must regard yourself as having a personal interest in any business of your authority if —

a

it relates to, or is likely to affect —

i

any employment or business carried on by you;

ii

any person who employs or has appointed you, any firm in which you are a partner or any company for which you are a remunerated director;

iii

any person, other than your authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties as a member;

iv

any corporate body which has a place of business or land in your authority’s area, and in which you have 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;

v

any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a body of the description specified in sub-paragraph (iv) above;

vi

any land in which you have a beneficial interest and which is in the area of your authority;

vii

any land where the landlord is your authority and the tenant is a firm in which you are a partner, a company of which you are a remunerated director, or a body of the description specified in sub-paragraph (iv) above;

viii

any body to which you have been elected, appointed or nominated by your authority;

ix

any —

aa

public authority or body exercising functions of a public nature;

bb

company, F13registered society , charity, or body directed to charitable purposes;

cc

body whose principal purposes include the influence of public opinion or policy;

dd

trade union or professional association; or

ee

private club, society or association operating within your authority’s area,

in which you have membership or hold a position of general control or management;

x

any land in your authority’s area in which you have a licence (alone or jointly with others) to occupy for 28 days or longer;

F15b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a decision upon it might reasonably be regarded as affecting —

i

your well-being or financial position, or that of a person with whom you live, or any person with whom you have a close personal association;

ii

any employment or business carried on by persons as described in 10(2)(c)(i);

iii

any person who employs or has appointed such persons described in 10(2)(c)(i), any firm in which they are a partner, or any company of which they are directors;

iv

any corporate body in which persons as described in 10(2)(c)(i) have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or

v

any body listed in paragraphs 10(2)(a)(ix)(aa) to (ee) in which persons described in 10(2)(c)(i) hold a position of general control or management,

to a greater extent than the majority of—

aa

in the case of an authority with electoral divisions or wards, other council tax payers, rate payers or inhabitants of the electoral division or ward, as the case may be, affected by the decision; or

bb

in all other cases, other council tax payers, ratepayers or inhabitants of the authority’s area.

Disclosure of Personal Interests

I1711

1

Where you have a personal interest in any business of your authority and you attend a meeting at which that business is considered, you must disclose orally to that meeting the existence and nature of that interest before or at the commencement of that consideration, or when the interest becomes apparent.

2

Where you have a personal interest in any business of your authority and you make —

a

written representations (whether by letter, facsimile or some other form of electronic communication) to a member or officer of your authority regarding that business, you should include details of that interest in the written communication; or

b

oral representations (whether in person or some form of electronic communication) to a member or officer of your authority you should disclose the interest at the commencement of such representations, or when it becomes apparent to you that you have such an interest, and confirm the representation and interest in writing within 14 days of the representation.

3

Subject to paragraph 14(1)(b) below, where you have a personal interest in any business of your authority and you have made a decision in exercising a function of an executive or board, you must in relation to that business ensure that any written statement of that decision records the existence and nature of your interest.

4

You must, in respect of a personal interest not previously disclosed, before or immediately after the close of a meeting where the disclosure is made pursuant to sub-paragraph 11(1), give written notification to your authority in accordance with any requirements identified by your authority’s monitoring officer F5, or in relation to a community council, your authority’s proper officer from time to time but, as a minimum containing —

a

details of the personal interest;

b

details of the business to which the personal interest relates; and

c

your signature.

5

Where you have agreement from your monitoring officer that the information relating to your personal interest is sensitive information, pursuant to paragraph 16(1), your obligations under this paragraph 11 to disclose such information, whether orally or in writing, are to be replaced with an obligation to disclose the existence of a personal interest and to confirm that your monitoring officer has agreed that the nature of such personal interest is sensitive information.

6

For the purposes of sub-paragraph (4), a personal interest will only be deemed to have been previously disclosed if written notification has been provided in accordance with this code since the last date on which you were elected, appointed or nominated as a member of your authority.

7

For the purposes of sub-paragraph (3), where no written notice is provided in accordance with that paragraph you will be deemed as not to have declared a personal interest in accordance with this code.

Prejudicial Interests

I312

1

Subject to sub-paragraph (2) below, where you have a personal interest in any business of your authority you also have a prejudicial interest in that business 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 your judgement of the public interest.

2

Subject to sub-paragraph (3), you will not be regarded as having a prejudicial interest in any business where that business—

a

relates to —

i

another relevant authority of which you are also a member;

ii

another public authority or body exercising functions of a public nature in which you hold a position of general control or management;

iii

a body to which you have been elected, appointed or nominated by your authority;

iv

your role as a school governor (where not appointed or nominated by your authority) unless it relates particularly to the school of which you are a governor;

v

your role as a member of a Local Health Board where you have not been appointed or nominated by your authority;

b

relates to —

i

the housing functions of your authority where you hold a tenancy or lease with your authority, provided that you do not have arrears of rent with your authority of more than two months, and provided that those functions do not relate particularly to your tenancy or lease;

ii

the functions of your authority in respect of school meals, transport and travelling expenses, where you are a guardian, parent, grandparent or have parental responsibility (as defined in section 3 of the Children Act 1989) of a child in full time education, unless it relates particularly to the school which that child attends;

iii

the functions of your authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of such pay from your authority;

F8iv

the functions of your authority in respect of an allowance or payment made in accordance with the provisions of Part 8 of the Local Government (Wales) Measure 2011, or an allowance or pension provided under section 18 of the Local Government and Housing Act 1989;

c

your role as a community councillor in relation to a grant, loan or other form of financial assistance made by your community council to community or voluntary organisations up to a maximum of £500.

3

The exemptions in subparagraph (2)(a) do not apply where the business relates to the determination of any approval, consent, licence, permission or registration.

Overview and Scrutiny Committees

I1913

You also have a prejudicial interest in any business before an overview and scrutiny committee of your authority (or of a sub-committee of such a committee) where—

a

that business relates to a decision made (whether implemented or not) or action taken by your authority’s executive, board or another of your authority’s committees, sub-committees, joint committees or joint sub-committees; and

b

at the time the decision was made or action was taken, you were a member of the executive, board, committee, sub-committee, joint-committee or joint sub-committee mentioned in sub-paragraph (a) and you were present when that decision was made or action was taken.

Annotations:
Commencement Information
I19

Sch. para. 13 in force at 18.4.2008, see art. 1(1)

Participation in Relation to Disclosed Interests

I814

1

Subject to sub-paragraphs (2), F7(2A), (3) and (4), where you have a prejudicial interest in any business of your authority you must, unless you have obtained a dispensation from your authority’s standards committee —

a

withdraw from the room, chamber or place where a meeting considering the business is being held—

i

where sub-paragraph (2) applies, immediately after the period for making representations, answering questions or giving evidence relating to the business has ended and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration; or

ii

in any other case, whenever it becomes apparent that that business is being considered at that meeting;

b

not exercise executive or board functions in relation to that business;

c

not seek to influence a decision about that business;

d

not make any written representations (whether by letter, facsimile or some other form of electronic communication) in relation to that business; and

e

not make any oral representations (whether in person or some form of electronic communication) in respect of that business or immediately cease to make such oral representations when the prejudicial interest becomes apparent.

2

Where you have a prejudicial interest in any business of your authority you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.

F162A

Where you have a prejudicial interest in any business of your authority you may submit written representations to a meeting relating to that business, provided that the public are allowed to attend the meeting for the purpose of making representations, answering questions or giving evidence relating to the business, whether under a statutory right or otherwise.

2B

When submitting written representations under sub-paragraph (2A) you must comply with any procedure that your authority may adopt for the submission of such representations.

3

Sub-paragraph (1) does not prevent you attending and participating in a meeting if —

a

you are required to attend a meeting of an overview or scrutiny committee, by such committee exercising its statutory powers; or

b

you have the benefit of a dispensation provided that you —

i

state at the meeting that you are relying on the dispensation; and

ii

before or immediately after the close of the meeting give written notification to your authority containing —

aa

details of the prejudicial interest;

bb

details of the business to which the prejudicial interest relates;

cc

details of, and the date on which, the dispensation was granted; and

dd

your signature.

4

Where you have a prejudicial interest and are making written or oral representations to your authority in reliance upon a dispensation, you must provide details of the dispensation within any such written or oral representation and, in the latter case, provide written notification to your authority within 14 days of making the representation.

PART 4THE REGISTER OF MEMBERS' INTERESTS

F2Registration of Personal Interests

Annotations:
Amendments (Textual)

I1F215

1

Subject to sub-paragraph (4), you must, within 28 days of—

a

your authority’s code of conduct being adopted or the mandatory provisions of this model code being applied to your authority; or

b

your election or appointment to office (if that is later),

register your personal interests, where they fall within a category mentioned in paragraph 10(2)(a), in your authority’s register of members’ interests by providing written notification to your authority’s monitoring officer.

2

Subject to sub-paragraph (4), you must, within 28 days of becoming aware of any new personal interest falling within a category mentioned in paragraph 10(2)(a), register that new personal interest in your authority’s register of members’ interests by providing written notification to your authority’s monitoring officer.

3

Subject to sub-paragraph (4), you must, within 28 days of becoming aware of any change to a registered personal interest falling within a category mentioned in paragraph 10(2)(a), register that change in your authority’s register of members’ interests by providing written notification to your authority’s monitoring officer, or in the case of a community council to your authority’s proper officer.

4

Sub-paragraphs (1), (2) and (3) do not apply to sensitive information determined in accordance with paragraph 16(1).

5

Sub-paragraphs (1) and (2) do not apply if you are a member of a relevant authority which is community council when you act in your capacity as a member of such an authority.

6

You must, when disclosing a personal interest in accordance with paragraph 11 for the first time, register that personal interest in your authority’s register of members’ interests by providing written notification to your authority’s monitoring officer, or in the case of a community council to your authority’s proper officer.

Annotations:
Commencement Information
I1

Sch. para. 15 in force at 18.4.2008, see art. 1(1)

Sensitive information

I916

1

Where you consider that the information relating to any of your personal interests is sensitive information, and your authority’s monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to the interest under paragraph 15.

2

You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under sub-paragraph (1) is no longer sensitive information, notify your authority’s monitoring officer F1, or in relation to a community council, to your authority’s proper officer asking that the information be included in your authority’s register of members' interests.

3

In this code, “sensitive information” (“gwybodaeth sensitif”) means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation.

Registration of Gifts and Hospitality

I517

You must, within 28 days of receiving any gift, hospitality, material benefit or advantage above a value specified in a resolution of your authority, provide written notification to your authority’s monitoring officer F11, or in relation to a community council, to your authority’s proper officer of the existence and nature of that gift, hospitality, material benefit or advantage.

(This note is not part of the Order)

Part III of the Local Government Act 2000 (“the Act”) established a new ethical framework for local government in Wales.

Section 50(2) of the Act provides that the National Assembly for Wales (“the Assembly”) may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities in Wales. This function of the Assembly is transferred to the Welsh Ministers by paragraph 30 of schedule 11 to the Government of Wales Act 2006.

Relevant authorities in Wales for the purposes of this Order are county councils, county borough councils, community councils, fire and rescue authorities and National Park authorities. Police authorities are not relevant authorities for the purposes of this Order.

A code of conduct issued by the Welsh Ministers under section 50(2) of the Act must be consistent with the principles specified pursuant to section 49(2) of the Act currently set out in the Conduct of Members (Principles) (Wales) Order 2001. Section 50(3) of the Act entitles the Welsh Ministers to revise a model code which has been issued.

This Order revokes the Conduct of Members (Model Code of Conduct) (Wales) Order 2001 and previous amending statutory instruments and issues a revised model code in pursuance of section 50(2) and (3) of the Act. This Order also continues the disapplication of statutory provisions relating to (among others) the National Code of Local Government Conduct in Wales.

The revised model code is in the Schedule to this Order.

Part 1 of the model code deals with interpretation.

Part 2 of the model code provides for the general provisions of the model code.

Part 3 of the model code concerns personal interests and prejudicial interests and disclosure of and participation by members and co-opted members in respect of such interests.

Part 4 of the model code concerns the register of interests, registration of gifts and hospitality.