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CHAPTER V |
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SUPPLEMENTARY |
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Disclosure and registration of members' interests etc. |
| Disclosure and registration of members' interests etc. |
75. - (1) Every relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
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(2) The mandatory provisions of the model code applicable to each relevant authority ("the mandatory provisions") must require the members and co-opted members of each authority to register in that authority's register maintained under subsection (1) such financial and other interests as are specified in the mandatory provisions.
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(3) The mandatory provisions must also-
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(a) require any member or co-opted member of a relevant authority who has an interest specified in the mandatory provisions under subsection (2) to disclose that interest before taking part in any business of the authority relating to that interest, |
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(b) make provision for preventing or restricting the participation of a member or co-opted member of a relevant authority in any business of the authority to which an interest disclosed under paragraph (a) relates. |
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(4) Any participation by a member or co-opted member of a relevant authority in any business which is prohibited by the mandatory provisions is not a failure to comply with the authority's code of conduct if the member or co-opted member has acted in accordance with a dispensation from the prohibition granted by the authority's standards committee in accordance with regulations made under subsection (5).
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(5) The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).
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(6) Every register maintained under this section must be published and made available for public inspection.
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(7) The interests which may be specified under subsection (2) in relation to a member or co-opted member of a relevant authority may include any interests of that member's spouse or partner or any member of that member's household.
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(8) In this section "partner", in relation to a member or co-opted member of a relevant authority, means a person to whom the member is not married but with whom the member lives as husband or wife.
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(9) The duty of a relevant authority under subsection (1) is to be discharged by the monitoring officer of the relevant authority.
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(10) In its application to Wales, subsection (4) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
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Code of conduct for local government employees |
| Code of conduct for local government employees. |
76. - (1) The Secretary of State may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in England.
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(2) The National Assembly for Wales may by order issue a code as regards the conduct which is expected of qualifying employees of relevant authorities in Wales.
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(3) Before making an order under this section, the Secretary of State must consult-
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(a) such representatives of local government, and of local government employees, in England as he considers appropriate, |
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(b) the Audit Commission, and |
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(c) the Commission for Local Administration in England. |
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(4) Before making an order under this section, the National Assembly for Wales must consult-
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(a) such representatives of local government, and of local government employees, in Wales as it considers appropriate, |
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(b) the Audit Commission, and |
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(c) the Commission for Local Administration in Wales. |
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(5) The terms of appointment or conditions of employment of every qualifying employee of a relevant authority (whether appointed or employed before or after the commencement of this section) are to be deemed to incorporate any code for the time being issued under subsection (1) or (2) (as the case may be).
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(6) In this section "qualifying employee", in relation to a relevant authority, means a person-
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(a) who is employed by the authority, and |
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(b) for whom provision with respect pensions, allowances or gratuities is made by regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service etc). |
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Interpretation |
| Interpretation of Part III. |
77. - (1) In this Part-
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"the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales, |
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"case tribunal" has the meaning given by 70(1), |
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"code of conduct" means a code of conduct under section 47, |
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"co-opted member" has the meaning given by section 45(6), |
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"elected mayor" has the meaning given by section 36(1), |
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"ethical standards officer" means a person appointed under section 53(4)(a), |
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"executive", in relation to a local authority, is to be construed in accordance with section 11, |
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"executive arrangements" has the meaning given by section 10, |
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"executive leader" has the meaning given by section 11(3)(a), |
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"interim case tribunal" has the meaning given by section 70(2), |
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"Local Commissioner in Wales" has the meaning given by section 63(5), |
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"model code" is to be construed in accordance with section 46(1) and (2), |
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"the relevant Adjudication Panel" means- |
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(a) in relation to matters referred or to be referred by an ethical standards officer, the Adjudication Panel for England,
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(b) in relation to matters referred or to be referred by a Local Commissioner in Wales, the Adjudication Panel for Wales,
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"relevant authority" has the meaning given by section 45(5). |
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(2) In relation to a parish council, the functions of a monitoring officer under any provisions of this Part are to be discharged by the monitoring officer of the district council or unitary county council which is the responsible authority in relation to that parish council; and any reference in this Part to the monitoring officer of a relevant authority which is a parish council is to be construed accordingly.
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(3) Subsections (12) and (13) of section 51 apply for the purposes of subsection (2) of this section as they apply for the purposes of that section.
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(4) In relation to a community council, the functions of a monitoring officer under any provisions of this Part are to be discharged by the monitoring officer of the county council or county borough council in whose area the community council is situated; and any reference in this Part to the monitoring officer of a relevant authority which is a community council is to be construed accordingly.
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