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Change 1
As published
52 Duty to comply with code of conduct.
(1) Subject to subsection (1A), a person who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—
(a) must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51, and
(b) if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
(1A) This section does not apply in the case of a member or co-opted member of a corporate joint committee (as to which see section 52ZA).
(2) The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the Local Government Act 1972 in relation to a relevant authority may include an undertaking by the declarant that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
(3) A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
(4) A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—
(a) the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and
(b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.
Your change, as a redline
52 Duty to comply with code of conduct.
(1) Subject to subsection (1A), a person who is a member or co-opted member of a relevant authority at a time when the authority adopt a code of conduct under section 51 for the first time—
(a) must, before the end of the period of two months beginning with the date on which the code of conduct is adopted, give to the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51, and
(b) if he fails to do so, is to cease to be a member or co-opted member at the end of that period.
(1A) This section does not apply in the case of a member or co-opted member of a corporate joint committee (as to which see section 52ZA).
(2) The form of declaration of acceptance of office which may be prescribed by an order under section 83 of the Local Government Act 1972 in relation to a relevant authority may include an undertaking by the declarant that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
(3) A person who becomes a member of a relevant authority to which section 83 of that Act does not apply at any time after the authority have adopted a code of conduct under section 51 for the first time may not act in that office unless he has given the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
(4) A person who becomes a co-opted member of a relevant authority at any time after the authority have adopted a code of conduct under section 51 for the first time may not act as such unless he has given the authority a written undertaking that in performing his functions he will observe the authority’s code of conduct for the time being under section 51.
(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)—
(a) the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and
(b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.
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