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Local Government and Public Involvement in Health Bill

moved Amendment No. 198: 198: Clause 188, page 130, leave out lines 27 to 29 and insert— ““““(4A) A model code of conduct issued under subsection (1) must provide, as respects each provision of the code which relates to the conduct expected of the persons mentioned in that subsection— (a) that the provision applies to a person only when acting in an official capacity; or (b) that it applies to a person only when not acting in an official capacity; but the code may provide as mentioned in paragraph (b) only as respects a provision within subsection (4B). (4B) A provision is within this subsection if it prohibits particular conduct (or conduct of a particular description) where that conduct would constitute a criminal offence. (4C) A model code of conduct issued under subsection (1) may define for the purposes of the code— ““official capacity””; and ““criminal offence””. (4D) Provision included under subsection (4A) or (4C) in a model code of conduct— (a) must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C); (b) is to be mandatory except to the extent that it relates to an optional provision; (c) to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51. (4E) A model code of conduct issued under subsection (2) may include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times.”””” [Amendment Nos. 198A and 198B, as amendments to Amendment No. 198, not moved.] On Question, Amendment No. 198 agreed to. [Amendments Nos. 198C to 198E not moved.]