This paper was originally presented at a seminar in Chambers in April 2008.
This paper discusses some of the more problematic aspects of the model Code of Conduct for local authority members. The Model Code of Conduct is contained in the Schedule to the Local Authorities (Model Code of Conduct) Order 2007. The present code was published, in something of a rush, in April 2007. Many of the complications with the Code relate to changes made after consultation on a draft order in early 2007.
Ministers have said that consultation will take place on a revised code in the light of the Local Government and Public Involvement in Health Act 2007.
The Model Code of Conduct is secondary legislation. Its meaning is a matter of law and so ultimately for the courts.