119.Section 51 places a duty upon relevant authorities to adopt a code of conduct within six months of the new model code coming into force. An authority’s code of conduct must include any mandatory provisions of the model code that applies to the authority. However, the authority has discretion to incorporate in its code any optional or additional provisions it wishes to include, providing they are not inconsistent with any within the model code of conduct. Again, police authorities in Wales will be subject to the English model code of conduct as policing is a non-devolved matter.
120.This section also makes provision that if an authority fails to adopt a code of conduct within the specified period, the mandatory provisions of the model code relevant to the authority will apply to it by default until it adopts its own code. Once an authority has adopted or revised its code of conduct, it must publish the fact, make the code of conduct available for public inspection, state the address where it will be available for inspection, and send a copy to the Standards Board.
121.Section 52 makes provision for declarations and undertakings by members of relevant authorities that they will observe codes of conduct.
Introduction Commentary on sections Sections 51 and 52: Duties