The Conduct of Members (Principles) (Wales) Order 2001

In this Order—

• “co-opted member” (“aelod cyfetholedig”), in relation to a relevant authority, means a person who is not a member of the authority but who—

  1. (a)

     is a member of any committee or sub-committee of the authority, or

  2. (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;

• “member” (“aelod”) includes a co-opted member; F1...

• F2“protected characteristics” (“nodweddion gwarchodedig”) has the meaning given by section 4 of the Equality Act 2010;

• “relevant authority” (“awdurdod perthnasol”) means—

  1. (a)

     a county council,

  2. (b)

     a county borough council,

  3. (c)

     a community council,

  4. (ca)

     F3a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1),

  5. (d)

     F4a fire and rescue authority 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, and

  6. (e)

     a National Park authority established under section 63 of the Environment Act 1995^f1.

The principles which are to govern the conduct of members of a relevant authority in Wales are set out in the Schedule to this Order.

Members must act solely in the public interest. They must never use their position as members to improperly confer advantage on themselves or to improperly confer advantage or disadvantage on others.

Members must declare any private interests relevant to their public duties and take steps to resolve any conflict in a way that protects the public interest.

Members must not put themselves in a position where their integrity is called into question by any financial or other obligation to individuals or organisations that might seek to influence them in the performance of their duties. Members must on all occasions avoid the appearance of such behaviour.

Members must act to uphold the law and act on all occasions in accordance with the trust that the public has placed in them.

In discharging their duties and responsibilities members must ensure that their authority’s resources are used both lawfully and prudently.

In carrying out their responsibilities including making appointments, awarding contracts, or recommending individuals for rewards and benefits, members must make decisions on merit. Whilst members must have regard to the professional advice of officers and may properly take account of the views of others, including their political groups, it is their responsibility to decide what view to take and, if appropriate, how to vote on any issue.

Members must carry out their duties and responsibilities with due regard to the need to promote equality of opportunity for all people, regardless of their F1protected characteristics or socio-economic circumstances, and show respect and consideration for others.

Members must be as open as possible about all their actions and those of their authority. They must seek to ensure that disclosure of information is restricted only in accordance with the law.

Members are accountable to the electorate and the public generally for their actions and for the way they carry out their responsibilities as a member. They must be prepared to submit themselves to such scrutiny as is appropriate to their responsibilities.

Members must promote and support these principles by leadership and example so as to promote public confidence in their role and in the authority. They must respect the impartiality and integrity of the authority’s statutory officers and its other employees.

(This note does not form part of the Order)