||All England Reporter
|| All ER (D) 230 (Oct)
|| EWHC 2533 (Admin)
||Queen's Bench Division (Administrative Court)
||James Maurici (instructed by Mayer, Brown, Rowe and Maw LLP) for the appellant.
||Timothy Morshead (instructed by the Solicitor to the Standards Board for England) for the respondent.
||19 October 2006
Local government - Officer - Conduct - Mayor of London abusing journalist outside official function - Whether mayor 'performing his function' at time - Whether code of conduct applying to mayor outside official function - , s 52(3).
The phrase 'performing his functions' in s52(3) of the extended wider than acting 'in his official capacity', to cover such things as misusing his position for personal advantage. Unlawful conduct was not necessarily covered, however, and if it had been thought appropriate by Parliament to subject a member of a local authority to a code which extended to conduct in his private life, Parliament should have spelt it out. Accordingly, on the true construction of the Act, the Mayor had not been 'performing his functions' when abusing a journalist outside an official function, and the Local Government Code of Conduct did not apply to his actions.
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