Law

Local Government Act 2000

United Kingdom · statute

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In force since 2026-06-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 236 provisions

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236 provisions

33M Cases in which change subject to approval in referendum

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33N Variation of mayoral executive

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33O Interpretation

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34 Referendum following petition.

(1) The Welsh Ministers may by regulations make provision for or in connection with requiring a local authority which receive a petition which complies with the provisions of the regulations to hold a referendum, in such circumstances as may be prescribed in the regulations, on whether the authority should operate a relevant form of executive. (1A) In this section “relevant form of executive” means executive arrangements involving a form of executive for which a referendum is required. (2) The provision which may be made by regulations under subsection (1) includes provision— (a) as to the form and content of petitions (including provision for petitions in electronic form), (b) as to the minimum number of local government electors for a local authority’s area who must support any petition presented to the authority during any period specified in the regulations, (c) for or in connection with requiring an officer of a local authority to publish the number of local government electors for the authority’s area who must support any petition presented to the authority, (d) as to the way in which local government electors for a local authority’s area are to support a petition (including provision enabling local government electors to support petitions by telephone or by electronic means), (e) as to the action which may, may not or must be taken by a local authority in connection with any petition, (f) as to the manner in which a petition is to be presented to a local authority, (g) as to the verification of any petition, (h) as to the date on which, or the time by which, a referendum must be held, (i) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum, (j) as to the action which may, may not or must be taken by a local authority after a referendum, and (k) for or in connection with enabling the Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action. (3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33 or 29 .... (4) The number of local government electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 5 per cent. of the number of local government electors at each of those times. (5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).

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35 Referendum following direction.

(1) The Welsh Ministers may by regulations make provision for or in connection with enabling them, in such circumstances as may be prescribed in the regulations, to direct a local authority to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction. (2) The provision which may be made by regulations under this section includes provision— (a) as to the date on which, or the time by which, a referendum must be held, (b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum, (c) as to the action which may, may not or must be taken by a local authority after a referendum, and (d) for or in connection with enabling the Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the regulations, to take that action. (3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33 or 29 .... (4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

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36 Referendum following order.

(1) The Welsh Ministers may by order make provision requiring every local authority, or every local authority falling within any description of authority specified in the order, to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the order. (2) The provision which may be made by an order under this section includes provision— (a) as to the date on which, or the time by which, a referendum must be held, (b) as to the action which may, may not or must be taken by a local authority before or in connection with a referendum, (c) as to the action which may, may not or must be taken by a local authority after a referendum, (d) for or in connection with enabling the Welsh Ministers, in the event of any failure by a local authority to take any action permitted or required by virtue of the order, to take that action. (3) The provision which may be made by virtue of subsection (2) includes provision which applies or reproduces (with or without modifications) any provisions of section 25, 27, 28, 29 or 33 or 29 .... (4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).

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37 Local authority constitution.

(1) A local authority which are operating executive arrangements or alternative arrangements must prepare and keep up to date a document (referred to in this section as their constitution) which contains— (a) such information as the Welsh Ministers may direct, (b) a copy of the authority’s standing orders for the time being, (c) a copy of the authority’s code of conduct for the time being under section 51, and (d) such other information (if any) as the authority consider appropriate. (1A) A local authority must prepare and keep up to date a document (referred to in this section as their constitution guide) which explains, in ordinary language, the content of their constitution. (2) A local authority must — (a) publish their constitution and their constitution guide electronically and in such other manner as they consider appropriate, and (b) ensure that copies of their constitution and their constitution guide are available at their principal office for inspection by members of the public at all reasonable hours. (3) A local authority must supply a copy of their constitution or, as the case may be, their constitution guide to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. (4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority. (5) This section applies to a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 as it applies to a local authority which are operating executive arrangements and in that application— (a) references to a “local authority” or “authority” are to be read as references to a corporate joint committee; (b) subsection (2) is to be treated as if it were omitted; (c) the references in subsection (4) to “members and co-opted members” are to be read as references to members of a corporate joint committee.

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38 Guidance.

(1) A local authority , an elected mayor or an executive leader must have regard to any guidance for the time being issued by the Welsh Ministers for the purposes of this Part. (1A) The guidance may, among other things, include provision designed to encourage good practice in relation to equality and diversity (within the meaning of section 8(2) of the Equality Act 2006). (2) Guidance under this section may make different provision for different cases or descriptions of local authority.

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39 Elected mayors etc.

(1) In this Part “elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under this Part. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An elected mayor of a local authority ... is to be entitled to the style of “mayor” or “maer”. (4) In this Part “elected executive member” means an individual elected as a member of a local authority executive by the local government electors for the authority’s area in accordance with the provisions made by or under this Part, but does not include an elected mayor. (5A) A reference in any enactment (whenever passed or made) to— (a) a member of a local authority, or (b) a councillor of a local authority, does not include a reference to an elected mayor of the authority. (5B) But subsection (5A) is subject to— (a) regulations made by the Welsh Ministers under this paragraph which provide that an elected mayor is to be treated as member or councillor of a local authority for the purposes of an enactment (whenever passed or made), and (b) any other contrary intention that appears in any enactment (whenever passed or made). (5C) Section 21(1A) of the Local Government Act 1972 is not to be taken to indicate any contrary intention for the purposes of subsection (5B)(b). (5D) A statutory instrument containing regulations made under subsection (5B)(a) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The term of office of an elected mayor of a local authority is to be five years. (8) This section is subject to regulations under section 41.

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40 Election as elected mayor and councillor.

(1) If the person who is returned at an election as the elected mayor of a local authority is also returned at an election held at the same time as a councillor of the authority, a vacancy shall arise in the office of councillor. (2) If the person who is returned at an election (“the mayoral election”) as the elected mayor of a local authority— (a) is a councillor of the authority, and (b) was returned as such a councillor at an election held at an earlier time than the mayoral election, a vacancy shall arise in the office of councillor. (3) Subject to subsection (4), a person who is the elected mayor of a local authority may not be a candidate in an election for the return of a councillor or councillors of the authority. (4) A person who is the elected mayor of a local authority may be a candidate in an election for the return of a councillor or councillors of the authority if the election is held at the same time as an election for the return of the elected mayor of the authority, but subsection (1) applies if he is a candidate in both such elections and he is returned both as the elected mayor and as a councillor.

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41 Time of elections etc.

The Welsh Ministers may by regulations make provision— (a) as to the dates on which and years in which elections for the return of elected mayors or elected executive members may or must take place, (b) as to the intervals between elections for the return of elected mayors or elected executive members, (c) as to the term of office of elected mayors or elected executive members, and (d) as to the filling of vacancies in the office of elected mayor or elected executive member.

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42 Voting at elections of elected mayors.

(1) Each person entitled to vote as an elector at an election for the return of an elected mayor is to have the following vote or votes— (a) one vote (referred to in this Part as a first preference vote) which may be given for the voter’s first preference from among the candidates to be the elected mayor, and (b) if there are three or more candidates to be the elected mayor, one vote (referred to in this Part as a second preference vote) which may be given for the voter’s second preference from among those candidates. (2) The elected mayor is to be returned under the simple majority system, unless there are three or more candidates. (3) If there are three or more candidates to be the elected mayor, the elected mayor is to be returned under the supplementary vote system in accordance with Schedule 2.

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43 Entitlement to vote.

(1) The persons entitled to vote as electors at an election for the return of an elected mayor or elected executive member are those who on the day of the poll— (a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the area of the local authority concerned, and (b) are registered in the register of local government electors at an address within the authority’s area. (2) A person is not entitled as an elector to cast more than one first preference vote, or more than one second preference vote, at an election for the return of an elected mayor.

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44 Power to make provision about elections.

(1) The Secretary of State ... may by regulations make provision as to— (a) the conduct of elections for the return of elected mayors or elected executive members, and (b) the questioning of elections for the return of elected mayors or elected executive members and the consequences of irregularities. (2) The provision which may be made under subsection (1)(a) includes, in particular, provision— (a) about the registration of electors, (b) for disregarding alterations in a register of electors, (c) about the limitation of election expenses (and the creation of criminal offences in connection with the limitation of such expenses), (d) for the combination of polls at elections for the return of elected mayors and other elections (including elections for the return of elected executive members), and (e) for the combination of polls at elections for the return of elected executive members and other elections (including elections for the return of elected mayors). (3) Regulations under this section may— (a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or any provision of any other enactment (whenever passed or made) relating to parliamentary elections or local government elections, (b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of elected mayors or elected executive members, and (c) so far as may be necessary in consequence of any provision made by or under this Part or any regulations under this section, amend any provision of any enactment (whenever passed or made) relating to the registration of parliamentary electors or local government electors. (3A) Before making any regulations under this section, the Secretary of State ... shall consult the Electoral Commission. (3B) In addition, the power of the Secretary of State ... to make regulations under this section so far as relating to matters mentioned in subsection (2)(c) shall be exercisable only on, and in accordance with, a recommendation of the Electoral Commission, except where the Secretary of State ... considers that it is expedient to exercise that power in consequence of changes in the value of money. (4) No return of an elected mayor or elected executive member at an election is to be questioned except by an election petition under the provisions of Part III of the Representation of the People Act 1983 as applied by or incorporated in regulations under this section.

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44A Election of leader: whole-council elections

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44B Election of leader: partial-council elections

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44C Removal of leader

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44D Term of office of leader: whole-council elections

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44E Term of office of leader: partial-council elections

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44F Leader to continue to hold office as councillor

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44G No other means of electing or removing leader

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44H Regulations

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45 Provisions with respect to referendums.

(1) A local authority may not hold more than one referendum in any period of five years. (2) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to approve the proposals to which the referendum relates, the local authority concerned must implement those proposals in accordance with any provision made by the regulations or order. (3) If the result of a referendum held by virtue of regulations or an order made under any provision of this Part is to reject the proposals to which the referendum relates, the local authority concerned may not implement those proposals but must instead comply with any provision made by the regulations or order. (4) The persons entitled to vote in a referendum held by a local authority are those who on the day of the referendum— (a) would be entitled to vote as electors at an election of councillors for an electoral area which is situated within the authority’s area, and (b) are registered in the register of local government electors at an address within the authority’s area. (5) The Welsh Ministers may by regulations make provision as to the conduct of referendums. (6) The Welsh Ministers may by regulations make provision for the combination of polls at referendums with polls at any elections. (7) Regulations under subsection (5) or (6) may apply or incorporate, with or without modifications or exceptions, any provision of any enactment (whenever passed or made) relating to elections or referendums. (8) The provision which may be made under subsection (5) includes, in particular, provision— (a) as to the question to be asked in a referendum, (b) as to the publicity to be given in connection with a referendum (including the publicity to be given with respect to the consequences of the referendum), (c) about the limitation of expenditure in connection with a referendum (and the creation of criminal offences in connection with the limitation of such expenditure), (d) as to the conduct of the authority, members of the authority and officers of the authority in relation to a referendum, (e) as to when, where and how voting in a referendum is to take place, (f) as to how the votes cast in a referendum are to be counted, and (g) for disregarding alterations in a register of electors. (8A) Before making any regulations under this section, the Welsh Ministers shall consult the Electoral Commission, but this subsection does not apply to— (a) provisions which specify the wording of the question to be asked in a referendum, or (b) provisions for matters mentioned in subsection (8)(c). (8B) No regulations which specify the wording of the question to be asked in a referendum may be made under subsection (5) unless— (a) before laying a draft of the regulations before the National Assembly for Wales, the Welsh Ministers consulted the Electoral Commission as to the intelligibility of that question, and (b) when so laying the draft, the Welsh Ministers also laid before the National Assembly for Wales a report stating any views as to the intelligibility of that question which were expressed by the Electoral Commission in response to that consultation. (8C) Where any such regulations specify not only the question to be asked in a referendum but also any statement which is to precede that question on the ballot paper at the referendum, any reference in subsection (8B) to the intelligibility of that question is to be read as a reference to the intelligibility of that question and that statement taken together. (8D) No regulations which make provision for the matters mentioned in subsection (8)(c) may be made under subsection (5) unless— (a) before laying a draft of the regulations before the National Assembly for Wales, the Welsh Ministers sought, and had regard to, the views of the Electoral Commission as to the provision to be made by the regulations as to those matters, and (b) where the draft regulations laid before the National Assembly for Wales made provision as to those matters otherwise than in accordance with the views of the Electoral Commission, the Welsh Ministers, when so laying the draft, also laid before the Assembly a statement of their reasons for departing from the views of the Commission. (9) In subsections (1), (4) to (6) and (8) to (8C)“referendum” means a referendum held under section 27 ... or by virtue of regulations or an order made under any provision of this Part or under section 40 of the Local Government (Wales) Measure 2011.

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46 Amendments to the 1972 Act.

Schedule 3, which contains amendments to the Local Government Act 1972, has effect.

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47 Power to make incidental, consequential provision etc.

(1) The Welsh Ministers may by order make such incidental, consequential, transitional or supplemental provision as they consider necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Part. (2) The provision which may be made under subsection (1) includes provision modifying any enactment (whenever passed or made). (3) The power under subsection (2) to modify an enactment is a power— (a) to apply that enactment with or without modifications, (b) to extend, disapply or amend that enactment, or (c) to repeal or revoke that enactment with or without savings. (4) The provision which may be made under subsection (1) includes provision relating to changes in local authority governance arrangements .... (5) That includes— (a) provision relating to the old governance arrangements, the new governance arrangements, or both kinds of governance arrangements, (b) provision as to the dates on which and years in which relevant elections may or must be held, (c) provision as to the intervals between relevant elections, and (d) provision as to the term of office of any member of any form of executive. (6) In subsection (5) “relevant election” means— (a) an election for the return of an elected mayor; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Nothing in subsection (2), (3), (4) or (5) affects the generality of the power in subsection (1).

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48 Interpretation of Part II.

(1) In this Part, unless the context otherwise requires— “alternative arrangements” has the meaning given by section 32(1), “council manager” has the meaning given by section 11(4)(b), “elected executive member” has the meaning given by section 39(4), “elected mayor” has the meaning given by section 39(1), “electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983, “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), “executive”, in relation to a local authority, is to be construed in accordance with section 11, “executive arrangements” has the meaning given by section 10, “executive leader” has the meaning given by section 11(3)(a), “fall-back proposals” and “outline fall-back proposals” are to be construed in accordance with section 27(1) and (2), “first preference vote” has the meaning given by section 42(1)(a), “local authority” means a county council in Wales or a county borough council, “local government elector” has the meaning given by section 270(1) of the Local Government Act 1972, ... “overview and scrutiny committee” has the meaning given by section 21(1), “the political balance requirements” means the provisions made by or under sections 15 to 17 of, and Schedule 1 to, the Local Government and Housing Act 1989, “second preference vote” has the meaning given by section 42(1)(b). (1A) ... (2) Any reference in this Part to the chairman of a local authority— (a) is a reference to that person whether or not he is entitled to another style, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Any reference in this Part to the vice-chairman of a local authority— (a) is a reference to that person whether or not he is entitled to another style, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Any reference in this Part to the discharge of any functions includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of those functions. (5) Section 101 of the Local Government Act 1972 does not apply to the function of the passing of a resolution under any provision made by or under this Part. (6) Any functions conferred on a local authority by virtue of this Part are not to be the responsibility of an executive of the authority under executive arrangements. (7) Any directions given by the Welsh Ministers under any provision of this Part— (a) may be varied or revoked by subsequent directions given by them under that provision, and (b) may make different provision for different cases, local authorities or descriptions of local authority.

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48A Functions of the Lord President of the Council

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49 Principles governing conduct of members of relevant authorities.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The National Assembly for Wales may by order specify the principles which are to govern the conduct of members and co-opted members of relevant authorities .... (2A) An order under subsection (1) must provide as respects each specified principle— (a) that it applies to a person only when acting in an official capacity; or (b) that it applies to a person only when not acting in an official capacity; but the order may provide as mentioned in paragraph (b) only as respects a principle within subsection (2B). (2B) A principle is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence. (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2D) An order under subsection (2)— (a) may specify principles which are to apply to a person at all times; (b) may specify principles which are to apply to a person otherwise than at all times. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Before making an order under this section, the National Assembly for Wales must consult— (a) such representatives of relevant authorities ... as it considers appropriate, (b) the Auditor General for Wales, (c) the Public Services Ombudsman for Wales, and (d) such other persons (if any) as it considers appropriate. (6) In this Part “relevant authority” means— (a) a county council in Wales, (b) a county borough council, (ba) a corporate joint committee; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) a community council, (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (na) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (nb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (p) a National Park authority in Wales established under section 63 of the Environment Act 1995. (7) In this Part “co-opted member”, in relation to a relevant authority, means a person who is not a member of the authority but who— (a) is a member of any committee or sub-committee of the authority, or (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. (8) In this Part, “corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

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50 Model code of conduct.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The National Assembly for Wales may by order issue a model code as regards the conduct which is expected of members and co-opted members of relevant authorities ... (also referred to in this Part as a model code of conduct). (3) The power under subsection ... (2) to issue a model code of conduct includes power to revise any such model code which has been issued. (4) A model code of conduct— (a) must be consistent with the principles for the time being specified in an order under section ... 49(2) ..., (b) may include provisions which are mandatory, and (c) may include provisions which are optional. (4A) A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection— (a) that the provision applies to a person only when acting in an official capacity; or (b) that it applies to a person only when not acting in an official capacity; but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B). (4B) A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence. (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4E) A model code of conduct issued under subsection (2) may include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times. (5) Before making an order under this section, ... the National Assembly for Wales must carry out such consultation as is required, by virtue of section 49, before an order is made under that section. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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51 Duty of relevant authorities to adopt codes of conduct.

(1) It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which the first order under section 50 which applies to them is made, to pass a resolution adopting a code as regards the conduct which is expected of members and co-opted members of the authority (referred to in this Part as a code of conduct). (2) It is the duty of a relevant authority, before the end of the period of six months beginning with the day on which any subsequent order under section 50 which applies to them is made, to pass a resolution— (a) adopting a code of conduct in place of their existing code of conduct under this section, or (b) revising their existing code of conduct under this section. (3) A relevant authority may by resolution— (a) adopt a code of conduct in place of their existing code of conduct under this section, or (b) revise their existing code of conduct under this section. (4) A code of conduct or revised code of conduct— (a) must incorporate any mandatory provisions of the model code of conduct which for the time being applies to that authority, (b) may incorporate any optional provisions of that model code, and (c) may include other provisions which are consistent with that model code. (4A) Where under subsection (4)(c) a provision relating to the conduct expected of persons is included in the code of a relevant authority in England ..., the code must provide— (a) that the provision applies to a person only when acting in an official capacity (within the meaning given by the code); or (b) that it applies to a person only when not acting in an official capacity (within that meaning); but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B). (4B) A provision of a code is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence within the meaning of the code. (4C) The provisions which may be included under subsection (4)(c) ... include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times. (5) Where a relevant authority fail to comply with the duty under subsection (1) or (2) before the end of the period mentioned in that subsection— (a) they must comply with that duty as soon as reasonably practicable after the end of that period, and (b) any mandatory provisions of the model code of conduct which for the time being applies to the authority are to apply in relation to the members and co-opted members of the authority for so long as the authority fail to comply with that duty. (6) As soon as reasonably practicable after adopting or revising a code of conduct under this section, a relevant authority must— (a) ensure that copies of the code or revised code are available at an office of the authority for inspection by members of the public at all reasonable hours, (b) publish in one or more newspapers circulating in their area a notice which— (i) states that they have adopted or revised a code of conduct, (ii) states that copies of the code or revised code are available at an office of the authority for inspection by members of the public at such times as may be specified in the notice, and (iii) specifies the address of that office, and (c) send a copy of the code or revised code— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) ... to the Public Services Ombudsman for Wales . (7) Where a relevant authority themselves publish a newspaper, the duty to publish a notice under subsection (6)(b) is to be construed as a duty to publish that notice in their newspaper and at least one other newspaper circulating in their area. (7A) But subsections (6)(a) and (b) and (7) do not apply in relation to a corporate joint committee. (7B) As soon as reasonably practicable after adopting or revising a code of conduct under this section, a corporate joint committee must publish the code or revised code electronically. (7C) A corporate joint committee must send a copy of its code to any member of the public who requests a copy, as soon as reasonably practicable after receiving the request. (8) A relevant authority may publicise their adoption or revision of a code of conduct under this section in any other manner that they consider appropriate. (9) A relevant authority’s function with respect to the passing of a resolution under this section may be discharged only by the authority (and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 applies, is not to be a function to which that section or regulation, applies).

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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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52A County and county borough councils: duties of leaders of political groups in relation to standards of conduct

(1) A leader of a political group consisting of members of a county council or county borough council in Wales— (a) must take reasonable steps to promote and maintain high standards of conduct by the members of the group, and (b) must co-operate with the council's standards committee (and any sub-committee of the committee) in the exercise of the standards committee's functions. (2) In complying with subsection (1), a leader of a political group must have regard to any guidance about the functions under that subsection issued by the Welsh Ministers. (3) The Welsh Ministers may by regulations make provision for the purposes of this section about the circumstances in which— (a) members of a county council or county borough council in Wales are to be treated as constituting a political group; (b) a member of a political group is to be treated as a leader of the group. (4) Before making regulations under subsection (3), the Welsh Ministers must consult such persons as they think appropriate.

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52ZA Duty to comply with code of conduct for corporate joint committees

(1) A person who is a member or co-opted member of a corporate joint committee must observe a code of conduct adopted by the corporate joint committee under section 51, including a code revised under subsection (3)(b) of that section. (2) In relation to a corporate joint committee whose members or co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1) to the code of conduct adopted by the corporate joint committee includes the mandatory provisions which for the time being apply to the members or co-opted members of the corporate joint committee.

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53 Standards committees.

(1) Subject to subsection (2), every relevant authority must establish a committee or, with one or more other relevant authorities, a joint committee which is to have the functions conferred on it by or under this Part. (1ZA) Subsections (1ZB) and (1ZC) apply for the purposes of subsection (1). (1ZB) Where a relevant authority is a corporate joint committee— (a) the reference to establishing a committee is to be read as a reference to establishing a sub-committee; (b) the reference to establishing a joint committee with one or more other relevant authorities is to be read, where all of the other relevant authorities are corporate joint committees, as a reference to establishing a joint sub-committee. (1ZC) The reference to establishing a joint committee is to be read, where one or more of the relevant authorities are corporate joint committees and one or more of the relevant authorities are not corporate joint committees, as a reference to establishing a joint committee which is— (a) a sub-committee in relation to the corporate joint committee (or committees), and (b) a committee in relation to the relevant authority which is not (or relevant authorities which are not) a corporate joint committee. (1A) In this Part, a reference to a “standards committee” is a reference to a committee or a joint committee established under subsection (1) (read in accordance with subsections (1ZA) to (1ZC)). (1B) A relevant authority which is a corporate joint committee must establish its first standards committee within the period of 90 days which begins with the day after the day on which the first regulations under subsection (11) which apply to the corporate joint committee come into force. (2) Subsection (1) does not apply to a ... community council. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) The Welsh Ministers may by regulations make provision— (a) as to the size and composition of standards committees of relevant authorities ... (including provision with respect to the appointment to any such committee of persons who are not members of the relevant authority or authorities concerned), (b) as to the term of office of members of any such committees, (c) as to the persons who may, may not or must chair any such committees, (d) as to the entitlement to vote of members of any such committee who are not members of the relevant authority concerned, (da) about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee), (e) for or in connection with treating any standards committees as bodies to which section 15 of the Local Government and Housing Act 1989 does not apply, (f) with respect to the access of the public to meetings of such committees, (g) with respect to the publicity to be given to meetings of such committees, (h) with respect to the production of agendas for, or records of, meetings of such committees, (i) with respect to the availability to the public or members of relevant authorities of agendas for, records of or information connected with meetings of any such committees, (j) as to the proceedings and validity of proceedings of any such committees, (k) for or in connection with requiring relevant authorities ... to send to the Public Services Ombudsman for Wales statements which set out the terms of reference of their standards committees. (12) The provision which may be made by virtue of subsection ... (11)(f) to (i) includes provision which (a) applies or reproduces (with or without modifications) any provisions of Part VA of the Local Government Act 1972; (b) in relation to a standards committee which is established by a corporate joint committee and which is not a joint standards committee, disapplies or modifies any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (meetings and proceedings; see also regulation 22 of those Regulations); (c) in relation to a standards committee which is established by a corporate joint committee and which is a joint standards committee, applies or reproduces (with or without modifications) any provision of regulations 16 to 21 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (but the power in this paragraph does not affect the exercise of the power in paragraph (a) in relation to such joint standards committees). (13) A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so.

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54 Functions of standards committees.

(1) The general functions of a standards committee of a relevant authority are— (a) promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and (b) assisting members and co-opted members of the authority to observe the authority’s code of conduct. (2) Without prejudice to its general functions, a standards committee of a relevant authority has the following specific functions— (a) advising the authority on the adoption or revision of a code of conduct, (b) monitoring the operation of the authority’s code of conduct, and (c) advising, training or arranging to train members and co-opted members of the authority on matters relating to the authority’s code of conduct. (2A) A standards committee of a county council or county borough council in Wales also has the specific functions of— (a) monitoring compliance by leaders of political groups on the council with their duties under section 52A(1), and (b) advising, training or arranging to train leaders of political groups on the council about matters relating to those duties. (3) A relevant authority may arrange for their standards committee to exercise such other functions as the authority consider appropriate. (3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Welsh Ministers may by regulations make provision with respect to the exercise of functions by standards committees of relevant authorities .... (5A) Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee. (5B) In subsection (5A) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), whenever passed or made. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers.

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54A Sub-committees of standards committees

(1) A standards committee of a relevant authority may appoint one or more sub-committees for the purpose of discharging any of the committee’s functions, whether or not to the exclusion of the committee. (1A) Subsection (1) does not apply to a standards committee established by a corporate joint committee. (2) Subsection (1) does not apply to functions under section ...56. (3) A sub-committee under subsection (1) shall be appointed from among the members of the standards committee by which it is appointed .... (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) As regards sub-committees appointed under subsection (1) by a standards committee of a relevant authority ...— (a) regulations under section 53(11) may make provision in relation to such sub-committees, and (b) section 54(5) and (7) apply in relation to such sub-committees as they apply in relation to standards committees. (6) Subject to ... any provision made by regulations under section 53(11)(a) (as applied by this section)— (a) the number of members of a sub-committee under subsection (1), and (b) the term of office of those members, are to be fixed by the standards committee by which the sub-committee is appointed.

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55 Standards committees ... for parish councils.

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56 Standards committees or sub-committees for community councils.

(1) A standards committee of a county council in Wales is to have the same functions in relation to— (a) the community councils which are situated in the area of the county council, and (b) the members of those community councils, as the standards committee has under section 54(1) and (2) in relation to the county council and the members of the county council. (2) A standards committee of a county borough council is to have the same functions in relation to— (a) the community councils which are situated in the area of the county borough council, and (b) the members of those community councils, as the standards committee has under section 54(1) and (2) in relation to the county borough council and the members of the county borough council. (3) A standards committee of a county council or county borough council may appoint a sub-committee for the purpose of discharging all of the functions conferred on the standards committee by this section. (4) In deciding whether it will be their standards committee, or a sub-committee of their standards committee, which is to discharge the functions conferred by this section, a county council or county borough council must consult the community councils which are situated in their area. (5) Regulations under section 53(11) may make provision in relation to sub-committees appointed under this section. (6) Subsections (5) and (7) of section 54 apply in relation to sub-committees of standards committees appointed under this section as they apply in relation to standards committees. (7) Any function which by virtue of the following provisions of this Part is exercisable by or in relation to the standards committee of a relevant authority which is a community council is to be exercisable by or in relation to— (a) the standards committee of the county council or county borough council in whose area the community council is situated, or (b) where that standards committee has appointed a sub-committee under this section, that sub-committee; and any reference in the following provision of this Part to the standards committee of a relevant authority which is a community council is to be construed accordingly.

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56A Joint committees of relevant authorities in England

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56B Annual reports by standards committees

(1) As soon as reasonably practicable after the end of each financial year, a standards committee of a relevant authority must make an annual report to the authority in respect of that year. (2) The annual report must describe how the committee's functions have been discharged during the financial year. (3) In particular, the report must include a summary of— (a) what has been done to discharge the general and specific functions conferred on the committee by section 54 or 56; (b) reports and recommendations made or referred to the committee under Chapter 3 of this Part; (c) action taken by the committee following its consideration of such reports and recommendations; (d) notices given to the committee under Chapter 4 of this Part. (4) An annual report by a standards committee of a county council or county borough council in Wales must include the committee's assessment of the extent to which leaders of political groups on the council have complied with their duties under section 52A(1) during the financial year. (5) An annual report by a standards committee of a relevant authority may include recommendations to the authority about any matter in respect of which the committee has functions. (6) A relevant authority must consider each annual report made by its standards committee before the end of 3 months beginning with the day on which the authority receives the report. (7) The function of considering the report may be discharged only by the relevant authority (and accordingly is not a function to which section 101 of the Local Government Act 1972 or, in the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions) applies). (8) In this section “financial year” means a period of 12 months ending with 31 March.

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