Local Government Bill [H.L.] - continued        House of Commons
PART III, CONDUCT OF LOCAL GOVERNMENT MEMBERS AND EMPLOYEES - continued

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  CHAPTER V
  SUPPLEMENTARY
 
Disclosure and registration of members' interests etc.
Disclosure and registration of members' interests etc.     78. - (1) The monitoring officer of each relevant authority must establish and maintain a register of interests of the members and co-opted members of the authority.
 
      (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.
 
      (3) The mandatory provisions must also-
 
 
    (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,
 
    (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.
      (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).
 
      (5) The Secretary of State may prescribe in regulations the circumstances in which standards committees may grant dispensations under subsection (4).
 
      (6) A relevant authority must ensure that copies of the register for the time being maintained by their monitoring officer under this section are available at an office of the authority for inspection by members of the public at all reasonable hours.
 
      (7) As soon as practicable after the establishment by their monitoring officer of a register under this section, a relevant authority must-
 
 
    (a) publish in one or more newspapers circulating in their area a notice which-
 
      (i) states that copies of the register are available at an office of the authority for inspection by members of the public at all reasonable hours, and
 
      (ii) specifies the address of that office, and
 
    (b) inform the Standards Board for England that copies of the register are so available.
      (8) In its application to Wales, subsection (5) has effect as if for the reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
 
 
Code of conduct for local government employees
Code of conduct for local government employees.     79. - (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.
 
      (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.
 
      (3) The power under subsection (1) or (2) to issue a code includes power-
 
 
    (a) to issue a separate code for council managers (within the meaning of Part II of this Act), and
 
    (b) to revise any code which has been issued.
      (4) Before making an order under this section, the Secretary of State must consult-
 
 
    (a) such representatives of relevant authorities in England, and of employees of such authorities, as he considers appropriate,
 
    (b) the Audit Commission, and
 
    (c) the Commission for Local Administration in England.
      (5) Before making an order under this section, the National Assembly for Wales must consult-
 
 
    (a) such representatives of local government, and of local government employees, in Wales as it considers appropriate,
 
    (b) the Audit Commission, and
 
    (c) the Commission for Local Administration in Wales.
      (6) 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 under this section which is applicable.
 
      (7) In this section "qualifying employee", in relation to a relevant authority, means a person-
 
 
    (a) who is employed by the authority, and
 
    (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).
 
Interpretation
Interpretation of Part III.     80. - (1) In this Part-
 
 
    "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England and Wales,
 
    "case tribunal" has the meaning given by 73(1),
 
    "code of conduct" means a code of conduct under section 48,
 
    "co-opted member" has the meaning given by section 46(6),
 
    "elected mayor" and "elected executive member" have the meaning given by section 37(1) and (4),
 
    "ethical standards officer" means a person appointed under section 54(5)(a),
 
    "executive", in relation to a relevant authority to which Part II of this Act applies, is to be construed in accordance with section 10,
 
    "executive arrangements" has the meaning given by section 9,
 
    "executive leader" has the meaning given by section 10(3)(a),
 
    "interim case tribunal" has the meaning given by section 73(2),
 
    "Local Commissioner in Wales" has the meaning given by section 65(5),
 
    "model code of conduct" is to be construed in accordance with section 47(1) and (2),
 
    "the relevant Adjudication Panel" means-
 
      (a) in relation to matters referred or to be referred by an ethical standards officer, the Adjudication Panel for England,
 
      (b) in relation to matters referred or to be referred by a Local Commissioner in Wales, the Adjudication Panel for Wales,
 
    "relevant authority" has the meaning given by section 46(5).
      (2) Any reference in this Part to a committee of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to a committee of an executive of the authority.
 
      (3) Any reference in this Part to a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to an elected mayor or elected executive member of the authority.
 
      (4) Any reference in this Part to a joint committee or joint sub-committee of a relevant authority is a reference to a joint committee on which the authority is represented or a sub-committee of such a committee.
 
      (5) Any reference in this Part to a failure to comply with a relevant authority's code of conduct includes a reference to a failure to comply with the mandatory provisions which apply to the members or co-opted members of the authority by virtue of section 48(5)(b).
 
      (6) Any reference in this Part to a person being partially suspended from being a member or co-opted member of a relevant authority includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as such a member or co-opted member.
 
      (7) The reference in subsection (6) to particular functions or particular responsibilities as a member of a relevant authority, in the case of a relevant authority to which Part II of this Act applies, includes a reference to particular functions or particular responsibilities as-
 
 
    (a) a member of an executive of the authority,
 
    (b) the elected mayor of the authority, or
 
    (c) an elected executive member of the authority.
      (8) A person who is suspended under this Part from being a member of a relevant authority shall also be suspended from being a member of any committee, sub-committee, joint committee or joint sub-committee of the authority, but this subsection does not apply to a person who is partially suspended under this Part.
 
      (9) A person who is suspended under this Part from being a member of a relevant authority to which Part II of this Act applies shall also be suspended-
 
 
    (a) if he is a member of an executive of the authority, from being such a member,
 
    (b) if he is the elected mayor of the authority, from being the elected mayor,
 
    (c) if he is an elected executive member of the authority, from being such a member;
       but this subsection does not apply to a person who is partially suspended under this Part.
 
      (10) A person who is disqualified under this Part for being or becoming a member of a relevant authority shall also be disqualified for being or becoming a member of any committee, sub-committee, joint committee or joint sub-committee of the authority.
 
      (11) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a parish council is to be exercisable by or in relation to the monitoring officer of the district council or unitary county council which is the responsible authority in relation to the 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.
 
      (12) Any function which by virtue of this Part is exercisable by or in relation to the monitoring officer of a relevant authority which is a community council is to be exercisable by or in relation to 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.
 
      (13) Subsections (12) and (13) of section 52 are to apply for the purposes of subsection (11) as they apply for the purposes of that section.
 
 
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