151 Powers of auditors and inspectors to obtain information
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In section 11 of the Local Government Act 1999 (c. 27) (inspectors' powers and duties in connection with best value inspections)—
(a) after subsection (1) insert—
(1A) The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.
;
(b) after subsection (2) insert—
(2A) In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.
(2B) In connection with inspecting such a document, an inspector—
(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;
(b) may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose.
(2C) A person is within this subsection if he is—
(a) the person by whom or on whose behalf the computer is or has been used; or
(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.
;
(c) in subsection (5), after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”.
(1) Section 10 of the Local Government Act 1999 (inspections) is amended as follows.
(2) Before subsection (1) insert—
(A1) The Audit Commission may carry out an inspection of a best value authority's performance of its functions or of any particular function or functions.
(3) In subsection (1), after “may” insert “ , in particular, ”.
In the Audit Commission Act 1998, omit—
(a) section 35 (studies at request of bodies subject to audit);
(b) section 35A (studies for functional bodies at request of Greater London Authority).
After section 145C of the Government of Wales Act 1998 (c. 38) insert—
Advice and assistance for registered social landlords
145D (1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions.
(2) Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit.
(3) This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies).
(4) In this section, “registered social landlord in Wales” means a body which is—
(a) registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and
(b) mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.
167 Disclosure of information obtained by the Auditor General for Wales or an auditor
(1) The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.
(2) In section 54 of that Act (restriction on disclosure of information), after subsection (2) insert—
(2ZA) A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information—
(a) in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or
(b) in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment.
(2ZB) An auditor who does not fall within subsection (2ZA), or a person acting on his behalf, may also disclose such information except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment.
(2ZC) A person who does not fall within subsection (2ZA) or (2ZB) may also disclose such information in accordance with consent given by the Auditor General for Wales or an auditor.
(2ZD) Section 54ZA makes further provision about consent for the purposes of subsection (2ZC).
(3) Omit subsection (2A) of that section.
(4) In subsection (3) of that section, for “subsection (2)” substitute “ this section ”.
(5) In subsection (4) of that section—
(a) in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both;”;
(b) omit paragraph (b).
(6) After that section insert—
Consent under section 54(2ZC)
54ZA (1) Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section.
(2) A person requesting consent (“the applicant”) must make a request for consent which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
(c) describes the information in relation to which consent is requested, and
(d) identifies the person to whom the information will be disclosed.
(3) Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales or an auditor by or under an enactment.
(4) Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing.
(5) A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal.
(6) A person to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received.
(7) “Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
(7) Omit section 54A of that Act (disclosure of information by or on behalf of public authorities).
(8) Nothing in this section has effect in relation to a disclosure made before the commencement of this section.
(1) Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.
(2) In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.
(3) After subsection (4) insert—
(4A) Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.
(4) For subsection (5) substitute—
(5) A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time.
(5A) A Commissioner must be appointed for a period of not more than 7 years.
(5B) A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.
(5) In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.
(6) After subsection (6) insert—
(6A) A person appointed to be a Commissioner is not eligible for re-appointment.
(1) Section 23 of the Local Government Act 1974 (appointment and removal of Commissioners) is amended as follows.
(2) For subsections (8) and (9) (allocation of cases by geographic area) substitute—
(8A) The Commission must—
(a) divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and
(b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
(3) In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “ to deal with matters for which they do not have responsibility pursuant to subsection (8A) ”.
(1) Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is amended as follows.
(2) In subsection (1), after “functions” insert “ (an “annual report”) ”.
(3) In subsection (2)—
(a) for “The report” substitute “ The annual report ”;
(b) for “their own report” substitute “ their annual report ”.
(4) In subsection (3), for “the report submitted by them under subsection (1) above” substitute “ the annual report ”.
(5) After subsection (3) insert—
(3A) The Commission must lay a copy of the annual report before Parliament.
(6) Omit subsections (4) and (5) (comments on Commission's annual report).
Before section 25 of the Local Government Act 1974 insert—
Power to investigate
24A (1) Under this Part of this Act, a Local Commissioner may investigate a matter—
(a) which relates to action taken by or on behalf of an authority to which this Part of this Act applies,
(b) which is subject to investigation under this Part of this Act by virtue of section 26, and
(c) in relation to which subsection (2), (3) or (5) is satisfied.
(2) This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner.
(3) This subsection is satisfied if, in relation to the matter—
(a) a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and
(b) the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C.
(4) Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner.
(5) This subsection is satisfied if—
(a) the matter has come to the attention of a Local Commissioner, and
(b) section 26D applies to the matter.
(6) In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion.
(7) Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide—
(a) not to investigate a matter, or
(b) to discontinue an investigation of a matter,
if he is satisfied with action which the authority concerned have taken or propose to take.
(1) Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.
(2) In subsection (4), for paragraphs (b) and (c) substitute—
(b) to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented),
and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.
(3) After subsection (4) insert—
(4ZA) Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.
(4) In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).
(5) Omit subsection (4B) (sub-committees of the London Transport Users Committee).
(6) In subsection (5)—
(a) in paragraph (c), after “constituted” insert “ by the authority ”;
(b) in paragraph (d), after first “school” insert “ maintained by the authority ”;
(c) in paragraph (e), after “constituted” insert “ by the authority ”.
(7) After subsection (5) insert—
(6) Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person.
(7) For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken—
(a) on behalf of the authority, and
(b) in the exercise of the authority's function.
(8) Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.
(1) Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).
(2) For subsection (1) substitute—
(1) For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act—
(a) alleged or apparent maladministration in connection with the exercise of the authority's administrative functions;
(b) an alleged or apparent failure in a service which it was the authority's function to provide;
(c) an alleged or apparent failure to provide such a service.
(1A) Subsection (1) is subject to the following provisions of this section.
(3) Omit subsections (2) to (4) (procedure for making complaints).
(4) In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—
3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—
(a) the operation of public passenger transport;
(b) the carrying on of a dock or harbour undertaking;
(c) the provision of entertainment;
(d) the provision and operation of industrial establishments;
(e) the provision and operation of markets.
(2) Sub-paragraph (1) does not include transactions for or relating to—
(a) the acquisition or disposal of land;
(b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.
(3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.
(4) Sub-paragraph (1)(e) does not include transactions relating to—
(a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or
(b) the attachment of any condition to such a licence.
174 Complaints and matters coming to Commissioners' attention
(1) After section 26 of the Local Government Act 1974 (c. 7) insert—
Who can complain
26A (1) Under this Part of this Act, a complaint about a matter may only be made—
(a) by a member of the public who claims to have sustained injustice in consequence of the matter,
(b) by a person authorised in writing by such a member of the public to act on his behalf, or
(c) in accordance with subsection (2).
(2) Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made—
(a) by his personal representative (if any), or
(b) by a person who appears to a Local Commissioner to be suitable to represent him.
Procedure for making complaints
26B (1) Subject to subsection (3), a complaint about a matter under this Part of this Act must be made—
(a) in writing, and
(b) before the end of the permitted period.
(2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning with—
(a) the day on which the person affected first had notice of the matter, or
(b) if the person affected has died without having notice of the matter—
(i) the day on which the personal representatives of the person affected first had notice of the matter, or
(ii) if earlier, the day on which the complainant first had notice of the matter.
(3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint.
Referral of complaints by authorities
26C (1) This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies.
(2) If the complainant consents, the complaint may be referred to a Local Commissioner by—
(a) the member of the authority to whom the complaint was made,
(b) any other member of that authority, or
(c) a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of.
(3) Subject to subsection (4), a referral under this section must be made in writing.
(4) A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral.
(5) If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section.
(6) In this section, references to a member of an authority include—
(a) in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed;
(b) in relation to a joint board, a member of any of the constituent authorities of the joint board;
(c) in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority.
Matters coming to attention of Local Commissioner
26D (1) This section applies to a matter which has come to the attention of a Local Commissioner if—
(a) the matter came to his attention during the course of an investigation under this Part of this Act,
(b) (subject to subsection (3)) the matter came to his attention—
(i) before the person affected or his personal representatives had notice of the matter, or
(ii) in any other case, before the end of the permitted period, and
(c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter.
(2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with—
(a) the day on which the person affected first had notice of the matter, or
(b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter.
(3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.
(2) In section 27 of that Act (provisions relating to complaints)—
(a) for the title substitute “ Members of the public ”;
(b) in subsection (1), for the words before paragraph (a) substitute “ In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than— ”;
(c) omit subsection (2).
(1) Section 30 of the Local Government Act 1974 (c. 7) (reports on investigations) is amended as follows.
(2) For subsection (1) substitute—
(1) If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)).
(1A) A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA).
(1B) If, after the investigation of a matter is completed, the Local Commissioner decides—
(a) that he is satisfied with action which the authority concerned have taken or propose to take, and
(b) that it is not appropriate to prepare and send a copy of a report under subsection (1),
he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
(1C) If a Local Commissioner decides—
(a) not to investigate a matter, or
(b) to discontinue an investigation of a matter,
he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned.
(1D) For the purposes of subsections (1) to (1C), the persons concerned are—
(a) the complainant (if any),
(b) any person who referred the matter under section 26C(2),
(c) the authority concerned, and
(d) any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.
(3) In subsection (2), for “the complaint” substitute “ a complaint about the matter ”.
(4) In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above” substitute “ the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) ”.
(5) Before subsection (3) insert—
(2B) Subsections (3) to (8) apply in the case of a report under subsection (1).
(6) In subsection (3), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.
(7) In subsection (7), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.
176 Power of Commissioners to make recommendations etc
(1) Section 31 of the Local Government Act 1974 (c. 7) (further provisions about reports on investigations) is amended as follows.
(2) For subsection (1) substitute—
(1) This section applies where a Local Commissioner reports that there has been—
(a) maladministration in connection with the exercise of the authority's administrative functions,
(b) a failure in a service which it was the function of an authority to provide, or
(c) a failure to provide such a service.
(3) For subsection (2B) substitute—
(2B) Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—
(a) to remedy any injustice sustained by the person affected in consequence of the maladministration, and
(b) to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions.
(2BA) Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take—
(a) to remedy any injustice sustained by the person affected in consequence of the failure, and
(b) to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.
(4) In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.
After section 31A of the Local Government Act 1974 (c. 7) insert—
Publication of reports etc by Commissioners
31B (1) A Local Commissioner may—
(a) publish all or part of a report or statement under section 30,
(b) publish all or part of a report under section 31,
(c) arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or
(d) publish a summary of a matter which is the subject of a report or statement under section 30 or 31,
if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so.
(2) A Local Commissioner may—
(a) supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and
(b) charge a reasonable fee for doing so.
(3) Subsection (3) of section 30 applies to—
(a) any part of a statement under section 30, and
(b) any part of a summary of a matter,
that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.
(1) In section 32 of the Local Government Act 1974 (law of defamation and disclosure of information), after subsection (3) insert—
(3A) A notice under subsection (3) above may not be given electronically.
(2) In section 34 of that Act (interpretation of Part), after subsection (1) insert—
(1A) In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).
(1) Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is amended as follows.
(2) In paragraph 1(1) (disqualification for being Local Commissioner)—
(a) in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “ any authority to which Part 3 of this Act applies ”;
(b) in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”.
(3) In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute
—
(a) has been a member of that authority,
(b) has taken action on behalf of that authority in the exercise of any of their functions, or
(c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.
(4) For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute—
2A A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—
(a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—
(i) matters relating to the authority, or
(ii) matters of a description which may include matters relating to the authority, and
(b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).
In Schedule 4 to the Local Government Act 1974 (the Commission) for paragraphs 6 to 8 substitute—
5A (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.
(2) A determination under sub-paragraph (1) must be approved by the Treasury.
In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the end insert—
Delegation
13 (1) Any function of a Commissioner may be discharged on the Commissioner's behalf—
(a) by any person authorised by the Commissioner to do so, and
(b) to the extent so authorised.
(2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.
(1) In section 49 of the Local Government Act 2000 (c. 22) (principles governing conduct of members of relevant authorities), after subsection (2) insert—
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2C) An order under subsection (1) may define, for the purposes of the order—
“official capacity”; and
“criminal offence”.
(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.
(2) In section 50 of that Act (model code of conduct), after subsection (4) insert—
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4C) A model code of conduct issued under subsection (1) may define for the purposes of the code—
“official capacity”; and
“criminal offence”.
(4D) Provision included under subsection (4A) or (4C) in a model code of conduct—
(a) must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C);
(b) is to be mandatory except to the extent that it relates to an optional provision;
(c) to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51.
(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.
(3) In section 51 of that Act (duty of relevant authorities to adopt codes of conduct), after subsection (4) insert—
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4C) The provisions which may be included under subsection (4)(c) by a relevant authority in Wales other than a police authority 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.
(4) In section 52 of that Act (duty to comply with code of conduct), in each of subsections (1) to (4), omit the words “in performing his functions”.
(5) Subsection (6) below applies where immediately before the commencement date a person is a member or co-opted member of a relevant authority and not prevented by any provision of section 52 of that Act from acting as such.
(6) The coming into force of this section shall not have the effect of preventing the person from acting as a member or co-opted member of the relevant authority, but—
(a) he must before the end of the prescribed period give to that authority a written undertaking that he will observe the authority's code of conduct for the time being; and
(b) if he fails to comply with paragraph (a), he shall cease to be a member or co-opted member at the end of that period.
(7) With effect from the commencement date—
(a) any order under section 49(2) or 50(2) of the Local Government Act 2000 (c. 22), and
(b) any code of conduct of a relevant authority ...,
which is in force immediately before that date shall have effect as if the amendments made by this section had always had effect.
(8) Subsection (7) does not affect the operation of any order or code in relation to any time before the commencement date.
(9) In this section the following expressions have the same meanings as in Part 3 of the Local Government Act 2000—
“code of conduct”;
“co-opted member”;
“member of a relevant authority”;
“relevant authority”.
(10) References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000, those mandatory provisions.
(11) In this section—
“the commencement date” means the date this section comes into force;
“the prescribed period” means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.
184 Certain references to code of conduct to include default code
(1) In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—
(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.
(2) In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—
(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.
(3) In section 54 of that Act (functions of standards committees), after subsection (3) insert—
(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.