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Codes of conduct.
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10.—(1) A Committee shall, after consultation with the Commission, from time to time draw up codes of conduct for the guidance of members (other than office holders) of the House concerned.
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(2) The Government shall from time to time draw up codes of conduct for the guidance of office holders, and section 15(4)(c) of the Principal Act shall apply to the draft of any such code of conduct as it applies to a draft referred to in the said section 15(4)(c) with any necessary modifications.
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(3) The Minister shall from time to time draw up codes of conduct for the guidance of persons who hold or occupy directorships or positions of employment in public bodies but before doing so shall consult with the Commission and such persons representative of those persons as he or she considers appropriate.
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(4) A code of conduct under subsection (1), (2) or (3)—
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(a) may be amended by another code of conduct under that subsection,
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(b) may be revoked by another code of conduct under that subsection replacing the first-mentioned code or amending another code of conduct under that subsection, or
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(c) may be revoked by an instrument in writing that neither replaces nor amends another code of conduct under that subsection and is made in the manner in which the code of conduct being revoked was made.
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(5) A code of conduct under subsection (1) shall, if the House concerned so declares by resolution, apply to its members on and from the date specified in the resolution, and such a code of conduct shall, if the House concerned so declares, cease to apply to its members, on and from the date specified in the resolution.
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(6) A code of conduct under subsection (1), (2) or (3) or a code of conduct replacing such a code shall indicate the standards of conduct and integrity for the persons to whom it relates in the performance of their functions and in relation to any matter connected with or affecting or likely or appearing to affect such performance and in relation to such other matters (if any) as may be specified in the code.
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(7) A person to whom a code of conduct under this section relates shall, in so far as it is relevant, have regard to and be guided by the code in the performance of his or her functions and in relation to any other matters to which the code relates.
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(8) A document purporting to be a code of conduct under subsection (1), (2) or (3) or an instrument under subsection (4)(c) shall be taken, unless the contrary is shown, to be such code or instrument and shall be admissible in any proceedings before a court or other tribunal or a Committee or the Commission, and any provision of any such code that appears to the tribunal, the Committee or the Commission to be relevant to a question in the proceedings may be taken into account by it in determining the question.
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(9) There shall, as respects a person to whom subsection (3) applies, be deemed to be included in the terms or conditions upon which the person holds the directorship or special advisership, or occupies the position, concerned a provision requiring the person to have regard to and be guided in so far as it is relevant by the code of conduct under that subsection in the performance of the functions of that directorship, special advisership or position and in relation to any other matters specified in the code.
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(10) A code of conduct under subsection (1), (2) or (3) shall not make provision in relation to any matter in so far as, in the opinion of—
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(a) in the case of such a code under subsection (1), the Committee concerned formed after consultation with the Commission, and
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(b) in the case of such a code under subsection (2) or (3), the Government or the Minister, as may be appropriate,
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adequate provision in relation to that matter is made in an existing code of conduct or in existing guidelines.
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(11) A code of conduct under subsection (1), (2) or (3) or an instrument under subsection (4)(c) shall be published by the Commission in such form and manner as it may determine.
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(12) The Commission may, at the request of an office holder, give advice to the office holder—
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(a) in relation to the application or non-application of a code of conduct drawn up under subsection (2) or (3) or any other code of conduct or any guidelines to any particular case or circumstance specified by the member and affecting or relating to him or her or to any conduct or proposed conduct of the member, and
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(b) in a case or in circumstances where such a code applies or such guidelines apply, in relation to the effect and consequences of such application.
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(13) The appropriate Committee may, at the request of a member (other than an office holder), give advice to the member—
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(a) in relation to the application or non-application of a code of conduct drawn up, after consultation with it, under subsection (1) or any other code of conduct or any guidelines to any particular case or circumstance specified by the member and affecting or relating to him or her or to any conduct or proposed conduct of the member, and
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(b) in a case or in circumstances where such a code applies or such guidelines apply, in relation to the effect and consequences of such application.
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(14) Where a request is made under subsection (12) or (13)—
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(a) the office holder or member concerned shall furnish to the Commission or, as the case may be, the Committee concerned such information as it may reasonably require for the purposes of its functions under that subsection, and
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(b) the Commission or, as the case may be, the Committee shall furnish the advice requested to the office holder or member within 21 days from the receipt by it of the request or, if it is later, from the receipt by it of the information referred to in paragraph (a).
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(15) Advice furnished to an office holder or member under this section shall have effect in relation to the person to whom it is given as if it formed part of the code of conduct or guidelines to which it relates.
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(16) The reference in section 28(3) of the Principal Act to guidelines published or advice given in writing under section 12 shall be construed as including a reference to a code of conduct drawn up under subsection (1) or (2) and any other relevant code of conduct or other guidelines or advice given in writing under subsection (12) or (13).
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