New Model Code Of Conduct Order

So it finally arrived. After a consultation running from 22 January to 9 March 2007, it eventually slipped quietly in beneath the radar of many in local government just before the Easter break on 4 April 2007 and will take effect on 3 May 2007. The 'it' in question is of course the Local Authorities (Model Code of Conduct Order) 2007, which operates under the code name S.I. 2007 No. 1159.

The Order was billed at birth by its proud parent, Phil Woolas, Minister of State at the Department for Communities, as a 'simpler, clearer and more proportionate code of conduct for local councillors'. The Order comes following much constructive discussion and debate within local government and some controversy without. For example in September 2006 Conservative MPs Owen Paterson and Gerald Howarth issued a paper entitled 'A Question of Standards - Prescott's Town Hall Madness' which charged the conduct regime (amongst other things) with drastically curtailing councillors' right to free speech and their ability to represent the views of their electors and creating a climate of fear in our town halls and council chambers. Some of these concerns have been recognised by the Government. For instance Phil Woolas indicated that the new Code 'removes the current barriers to councillors speaking up for their constituents or for the public bodies on which they have been appointed to serve'.

Some highlights of the new Code

References to paragraphs will be to those in the Schedule to the 2007 Code unless otherwise indicated. Whilst as mentioned the Code comes into force on 3 May 2007, the various 2001 Order(s) will continue to apply in relation to the investigation of any written allegation under Part 3 of the Local Government Act 2000 where the allegation relates to conduct which took place before the revised code is adopted, revised or otherwise takes effect in the authority.

It will be recalled that Collins J in Livingstone v Adjudication Panel for England [2006] EWHC 2533 (Admin) raised issues surrounding the proper scope of the 2001 Code and in particular its application to conduct outside a member's official capacity. Paragraph 2(1) now indicates that a member must comply with the Code whenever he or she is conducting the business of the authority in question or acts, claims to act or gives the impression of acting as a representative of the authority.

The scope of the Code is restricted to official capacity (paragraph 2(2)) except in relation to specified...