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The Local Elections (Declaration of Acceptance of Office) (Wales) Order 2004

W.S.I. 2004/1508 · Made 15 June 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LOCAL GOVERNMENT, WALES

Made 15 June 2004

Coming into force 1 September 2004

The National Assembly for Wales, in exercise of the powers given to the Secretary of State by sections 83(1) and (4) of the Local Government Act 1972f1, section 26(3) of the Welsh Language Act 1993f2, and section 52(2) of the Local Government Act 2000f3, which are now vested in it in so far as exercisable in Walesf4, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1972 c. 70.

f2

1993 c. 38.

f3

2000 c. 22.

f4

See National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

Contents

  1. 1Name, commencement and application
  2. 2Interpretation
  3. 3Form of declaration of acceptance of office
  4. 4Revocation of orders
  5. Signature
  6. Schedule 1Schedule 1
  7. Schedule 2Schedule 2
  8. Explanatory note

1Name, commencement and application

(1)

This Order may be called the Local Elections (Declaration of Acceptance of Office) (Wales) Order 2004, and shall come into force on 1 September 2004.

(2)

This Order applies to each authority in Wales.

2Interpretation

In this Order —

  • “authority” (“awdurdod”) means —

    1. (a)

      a county council,

    2. (b)

      a county borough council, and

    3. (c)

      a community council.

3Form of declaration of acceptance of office

Where an authority has adopted the mandatory provisions of a model code of conduct made under section 50(2) 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)

a member; and

(b)

an elected mayor,

shall be either in the English form set out in Schedule 1 to this Order or the Welsh form set out in Schedule 2, or a form to the like effect.

4Revocation of orders

The following orders shall be revoked on 1 September 2004 —

(a)

the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990f1;

(b)

the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990f2;

(c)

the Local Elections (Declaration of Acceptance of Office) (Welsh Forms) Order 1991f3; and

(d)

the Local Elections (Declaration of Acceptance of Office) (Amendment) (Wales) Order 2001f4.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

John Marek

The Deputy Presiding Officer of the National Assembly

15 June 2004

Schedule 1

Declaration of Acceptance of Office

Schedule 2

Datganiad Derbyn Swydd

Explanatory note

(This note is not part of the Order)

This Order prescribes the forms of declaration of acceptance of office for members and elected mayors of county and county borough councils and members of community councils in Wales in accordance with section 83 of the Local Government Act 1972. This Order applies whether or not the council has adopted a code of conduct under the Local Government Act 2000.

Article 3 provides that where the mandatory provision of a model code of conduct applicable to a council are adopted or applied to it, the form of declaration of acceptance of office shall be the form prescribed in either Schedule 1 or Schedule 2 to this Order, or a form to the like effect.

Article 4 revokes, on 1 September 2004, four previous orders made under section 83(1) and (4) of the Local Government Act 1972, section 31(7) of the Local Government and Housing Act 1989, sections 26(3), 27(4) and (5) of the Welsh Language Act 1993, and section 52(2) of the Local Government Act 2000, 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 two Schedules to the Order prescribe the forms of the declaration in English and Welsh which include a statement that those making the declaration undertake to observe their authority’s code of conduct.

When a county, county borough council or community council in Wales 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.