Members—conduct
Produced in partnership with Peter Keith-Lucas and Anthea Lowe of Bevan Brittan and North West Leicestershire District Council
Members—conduct

The following Local Government guidance note Produced in partnership with Peter Keith-Lucas and Anthea Lowe of Bevan Brittan and North West Leicestershire District Council provides comprehensive and up to date legal information covering:

  • Members—conduct
  • Disclosable Pecuniary Interests
  • Obligation to adopt a new Code of Conduct
  • Arrangements
  • Obligation to appoint an Independent Person
  • Complaints
  • Sanctions for breach of the Code

This Practice Note refers only to the law in England; note that different provisions apply to Wales.

The public has a right to expect high standards ofconduct from their elected members. Up to 1 July 2012, local authority (LA) members had to comply with the ethical standards framework under Part III ofthe Local Government Act 2000 (LGA 2000) that built on recommendations in the Third Report ofLord Nolan's Committee on Standards in Public Life.LGA 2000, Pt IIIStandards ofConduct in Local Government in England, Scotland and Wales, Cm 3702, July 1997

The Localism Act 2011 (LA 2011) amends LGA 2000 so that Part III only applies to Wales, and makes fundamental changes to the system ofregulation ofstandards ofconduct for elected and co-opted councillors in England from 1 July 2012. The provisions ofLA 2011 apply to 'relevant authorities', which include a county council in England, a district council, a London borough council, a parish council and the Greater London Authority.LA 2011, Pt 1, Chap 7LA 2011, s 27(6)

Though the Local Authorities (Model Code ofConduct) Order 2007, SI 2007/1159 was repealed on 1 July 2012, and members no longer have to give an undertaking to comply with the Model Code ofConduct, Local authorities remain under a statutory duty to promote and maintain high standards ofconduct for their elected and co-opted members.LA 2011, s 27(1)

Please see: obligation to adopt a new Code ofConduct below.

Disclosable Pecuniary Interests

LA 2011 abolishes the concepts ofpersonal and prejudicial interests and replaces them with Disclosable Pecuniary Interests (DPIs). These are defined in the Relevant