The Local Elections (Declaration of Acceptance of Office) Order 2001
S.I. 2001/3941 · Made 26 November 2001
LOCAL GOVERNMENT, ENGLAND
Made 26th November 2001
Coming into force 27th November 2001
The Secretary of State for Transport, Local Government and the Regions, in exercise of the powers conferred upon him by section 83(1) and (4) of the Local Government Act 1972f1 and section 52(2) of the Local Government Act 2000f2, and of all other powers enabling him in that behalf, hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
-
1972 c. 70; section 83 was amended by sections 84 and 102 of the Local Government Act 1985 (c. 51); Schedule 13 to and section 237 of the Education Reform Act 1988 (c. 40); section 30(2) of the Local Government and Housing Act 1989 (c. 42); paragraph 23 of Schedule 15 to and section 66(5) of the Local Government (Wales) Act 1994 (c. 19); and paragraph 9(1) and (2) of Schedule 3 to and section 46 of the Local Government Act 2000 (c. 22).
- f2
Contents
- 1Citation, commencement and application
- 2Form of declaration of acceptance of office
- 3Revocation of orders
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and application
This Order may be cited as the Local Elections (Declaration of Acceptance of Office) Order 2001, and shall come into force on 27th November 2001.
This Order extends to England onlyf1.
2Form of declaration of acceptance of office
Where a county, district, London borough or parish council has adopted the mandatory provisions of a model code of conduct made under section 50(1) of the Local Government Act 2000 that is applicable to that council, or the mandatory provisions of such a code apply to the members of that council pursuant to section 51(5)(b) of that Act, the declaration of acceptance of office of—
a member; and
an elected mayorf1,
shall be in the form in the Schedule to this Order, or a form to the like effect.
3Revocation of orders
Signature
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
26th November 2001
DECLARATION OF ACCEPTANCE OF OFFICE
Explanatory note
(This note is not part of the Order)
This Order prescribes the form of declaration of office for members and elected mayors of country, district, London borough and parish councils in accordance with section 83 of the Local Government Act 1972. The declaration must be made within two months of election.
Article 2 provides that the form (or a form to like effect) in the Schedule to the Order shall have effect where the mandatory provisions of a model code of conduct applicable to a council are adopted or applied to it.
Article 3 revokes on 27th July 2002 two previous orders made under section 83 of the Local Government Act 1972, which included an undertaking to observe the National Code of Local Government Conduct. Part III of the Local Government Act 2000 replaces that Code with codes of conduct made under that Act.
The Schedule to the Order prescribes the form of the declaration and includes a statement that those making the declaration undertake to observe their council’s code of conduct.
When a county, district, London borough or parish council adopts a code of conduct for the first time as required by section 51 of the Local Government Act 2000, all members and co-opted members of these authorities must in addition to the declaration prescribed in this Order, give a written undertaking to their authorities that they will observe the code of conduct.