The final decision regarding any disciplinary action in the event of a confirmed breach would remain with the First Minister, though the Assembly would have provision to formally censure a Minister following
a confirmed breach of the Code if a motion was tabled by at least six AMs.
In addition, a legal commentary entitled Enforcing the
Code of Conduct for Councillors underscored that the model
Code confirms that when a councillor is accused
of a
breach, «a fair hearing must take place... [and] the councillor concerned should be notified
of the intended action to be taken against him or her and should be given a proper opportunity to be heard» (pages 8 - 9).