The bill amends Schedule 7 to create a single, Secretary‑approved "standard code of conduct" and a single set of "standard standing orders" that local authority members (and non-member committee appointees) must follow. It allows the Secretary to approve, amend or replace those instruments but bars simple revocation without replacement; any amendments or replacements approved on or after 1 January 2027 require consultation with all local authorities.
The bill also inserts a process giving members a statutory route to request access to documents the member reasonably needs to perform their role, and it requires chief executives to explain any amended or replacement standard code of conduct to members at a public meeting.
At a Glance
What It Does
The bill empowers the Secretary to approve and issue mandatory standard codes of conduct and standard standing orders, permits amended or replacement instruments but prevents revocation without replacement, and imposes a consultation requirement for changes issued on or after 1 January 2027. It creates a statutory member entitlement to access documents necessary to perform their duties and requires chief executives to publicly explain any amended or replacement standard code.
Who It Affects
Elected members of local authorities, any non-member appointees to local authority committees and subcommittees, local authority chief executives and governing bodies, and the Secretary (the central authority responsible for issuing standards). Local boards and community boards are explicitly brought within the standard code regime.
Why It Matters
The change moves day‑to‑day governance rules from locally determined documents to centrally issued, uniform instruments — shifting the locus of control and interpretation to a central official. That has practical effects on council autonomy, compliance workflows, information access, and the role of chief executives in explaining and enforcing conduct standards.
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What This Bill Actually Does
The bill replaces the old, locally variable code-of-conduct model with a single, Secretary‑approved "standard code of conduct." The Secretary may issue, amend, or replace the standard code but cannot revoke it without first issuing a replacement. For any amended or replacement code approved and issued on or after 1 January 2027 the Secretary must consult all local authorities before finalising it.
The bill removes language that previously tied the code to local adoption and explicitly requires both elected members and non-member committee appointees to comply with the standard code.
Alongside the code, the Secretary may approve and issue a set of "standard standing orders" for how meetings are conducted, including meetings of local authorities, joint meetings and committee meetings. The same “no revocation without replacement” rule and the consultation requirement (for instruments issued on or after 1 January 2027) apply to standard standing orders.
The bill makes technical edits throughout Schedule 7 to replace references to locally adopted standing orders and codes with the new “standard” instruments and extends the requirement to local boards and community boards.On access to information, the bill creates a new, internal route for members to obtain documents they reasonably need to perform their duties. A member may request such documents from the chief executive; if the chief executive refuses, the member can ask the governing body for a final decision.
That procedural path sits alongside the existing official information regime but is framed specifically for members seeking materials necessary to carry out their responsibilities.The bill also inserts a new duty on chief executives: as soon as practicable after an amended or replacement standard code is issued, the chief executive must explain the new instrument to members at a public meeting of the local authority. Finally, there are several technical and numeric edits across Schedule 7 (including increasing a numeric figure from "2" to "5" in clause 34(4)) and deletion of several subsections to align the schedule with the new standardised approach to codes and orders.
The Five Things You Need to Know
The Secretary may approve and issue a standard code of conduct and standard standing orders and may amend or replace them but may not revoke them without replacement.
Any amended or replacement standard code or standing orders approved and issued on or after 1 January 2027 require consultation with all local authorities before issuance.
The standard code binds both elected members and non‑member appointees to committees and subcommittees; local boards and community boards are explicitly required to comply.
The bill creates a member entitlement to access documents "reasonably necessary" for their functions: request the chief executive, and if declined, escalate to the governing body for a final decision.
Chief executives must, as soon as practicable after any amended or replacement standard code is issued, explain that instrument to members at a public local‑authority meeting.
Section-by-Section Breakdown
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Establishes the Secretary‑issued standard code of conduct
The bill renames clause 15 and substitutes it to make the Secretary the authorising official for a "standard code of conduct." The Secretary may issue, amend, or replace the standard code and is explicitly barred from simply revoking it without a replacement. The text removes the phrase that allowed the code to be "adopted by the local authority," which shifts the legal anchor for members' conduct from local adoption to the centrally issued standard.
Consultation and effective date limit for changes
The new subclauses require the Secretary to consult all local authorities before approving any amended or replacement standard code or standing orders that will be issued on or after 1 January 2027. The consultation duty does not apply to instruments issued before that date. Practically, the requirement delays the central power to change instruments without local input for future revisions and creates a precondition for later amendments.
Who must comply with the standard code
The bill tightens scope by listing the persons who must comply: elected members of a local authority and persons appointed to its committees or subcommittees who are not members. It also removes certain subsections (15(3), (5), (6)) that previously sat alongside the code, simplifying the compliance framework and making the standard code the primary behavioural instrument for local governance.
Chief executive duty to explain amended or replacement codes
A new clause requires the chief executive to provide, as soon as practicable, an explanation of any amended or replacement standard code to members at a meeting of the local authority that is open to the public. This imposes a public, timely communication obligation on the local administration when standards change and creates a formalised moment for member engagement and public transparency.
Member entitlement to documents held by the local authority
The bill creates a three‑step internal route for members seeking documents: request the documents from the chief executive; if declined, request a review/decision from the governing body; the governing body must make the final decision. The entitlement is limited to documents “reasonably necessary” for a member to perform their functions and exercise powers, language that will require interpretation at the governance and operational level.
Standard standing orders: Secretary may approve and issue them
Clause 27 is rewritten so the Secretary may approve and issue a set of standard standing orders for local authority meetings (and meetings of their committees). The clause mirrors the code rules: amended or replacement standing orders are permitted but cannot be revoked without replacement, and consultation is required for instruments issued on or after 1 January 2027. The bill also removes some prior subsections to align the standing‑orders regime with the centralised approach.
Technical adjustments and extensions to boards
Across Schedule 7 the bill replaces references to locally adopted instruments with references to "standard" instruments, inserts the standard code requirement into local board and community board provisions, and changes a numeric figure in clause 34(4) from "2" to "5." These are structural edits to ensure the standard instruments are referenced consistently and to bring sub‑bodies such as community boards explicitly under the standard conduct regime.
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Explore Government in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Elected members and non‑member committee appointees — get uniform, predictable conduct rules and a statutory route to request documents they need to perform their role.
- The public — gains consistency across councils in how meetings are run and how conduct is regulated, plus a public explanation requirement when standards change.
- The Secretary and central administration — gains a single point of control to set minimum governance standards and reduce regulatory fragmentation across local government.
Who Bears the Cost
- Local authorities — lose some autonomy over tailoring codes and standing orders to local needs and must adapt local practice and staff training to centrally issued instruments.
- Chief executives and governance teams — take on new administrative duties: responding to member document requests, explaining amended codes at public meetings, and implementing centrally issued instruments.
- Smaller councils and community boards — may face disproportionate implementation costs to align legacy practices, templates and software with central standards and to manage additional consultation and communication tasks.
Key Issues
The Core Tension
The bill balances two legitimate objectives — consistent, nation‑wide standards for councillor behaviour and meeting procedure versus local autonomy and flexibility — but in doing so shifts significant definitional and implementation power to the Secretary and to chief executives, creating a trade‑off between uniformity and locally tailored governance.
The bill centralises rule‑setting for conduct and meeting procedure, but it leaves several consequential questions unaddressed. "Reasonably necessary" — the trigger for a member’s right to documents — is not defined, which will force local authorities to develop operational thresholds and could create tension with the Local Government Official Information and Meetings Act (LGOIMA) and privacy/confidentiality obligations. The escalation route (chief executive → governing body) creates a faster, internal path for members, but it may generate more governance disputes and place the governing body in the position of adjudicator for contested disclosures.
The consultation requirement is limited to instruments approved and issued on or after 1 January 2027; instruments issued before that date avoid the duty. That staged application may produce a two‑tier landscape where earlier standards remain in force without formal local input, or it could incentivise the Secretary to fast‑track initial standards before the consultation deadline.
The prohibition on revocation without replacement prevents sudden regulatory gaps but also risks entrenching an unsuitable instrument if timelier revision is politically or administratively difficult. Finally, the bill removes several existing subsections and language that previously connected codes to local adoption; those deletions reduce local flexibility but also raise questions about whether local authorities may supplement the standard with additional local rules and, if so, where the line will be drawn.
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