CONTENTS
Part 1 - General Provisions
Introduction and Interpretation
Scope
General Obligations
Part 2 - Interests
Personal Interests
Disclosure of Personal Interests
Prejudicial Interests Generally
Prejudicial Interests Arising in relation to
Overview & Scrutiny Committees
Effect of Prejudicial Interests on Participation
Part 3 - Registration of Members' Interests
Sensitive Information
PART 1 - GENERAL PROVISIONS
Introduction and interpretation
1. (1) This Code applies to you as a member of an authority.
(2) You should read this Code together with the general principles
prescribed by the Secretary of State.
(3) It is your responsibility to comply with the provisions of this Code.
(4) In this Code
"meeting" means any meeting of -
(a) the authority;
(b) the executive of the authority;
(c) any of the authority's or its executive's committees, sub-
committees, joint committees, joint sub-committees, or area
committees;
"member" includes a co-opted member and an appointed member.
(5) In relation to a parish council, references to an authority's monitoring
officer and an authority's standards committee shall be read,
respectively, as references to the monitoring officer and the
standards committee of the district council or unitary county council
which has functions in relation to the parish council for which it is
responsible under section 55(12) of the Local Government Act 2000.
Scope
2. (1) Subject to sub-paragraphs (2) to (5), you must comply with this Code
whenever you -
(a) conduct the business of your authority (which, in this Code,
includes the business of the office to which you are elected or
appointed; or
(b) act, claim to act or give the impression you are acting as a
representative of your authority.
and references to your official capacity are construed accordingly.
(2) subject to sub-paragraphs (3) and (4), this Code does not have
effect in relation to your conduct other than where it is in your
official capacity.
(3) In addition to having effect in relation to conduct in your official
capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any
other time, where that conduct constitutes a criminal offence for
which you have been convicted.
(4) Conduct to which this Code applies (whether that is conduct in your
official capacity or conduct mentioned in sub-paragraph (3)) includes a
criminal offence for which you are convicted (including an offence you
committed before the date you took office, but for which you are
convicted after that date).
(5) where you act as a representative of your authority -
(a) on another relevant authority, you must, when acting for that
other authority, comply with that other authority's code of
conduct; or
(b) on any other body, you must, when acting for that other body,
comply with your authority's code of conduct, except and insofar
as it conflicts with any other lawful obligations to which that other
body may be subject.
General Obligations
3. (1) You must treat others with respect.
(2) You must not -
(a) do anything which may cause your authority to breach any of the
equality enactments (as defined in section 33 of the Equality Act
2006);
(b) bully any person;
(c) intimidate or attempt to intimidate any person who is or is likely to
be -
(i) a complainant,
(ii) a witness, or
(iii) involved in the administration of any investigation or
proceedings,
in relation to an allegation that a member (including yourself) has
failed to comply with his or her authority's code of conduct; or
(d) do anything which compromises or is likely to compromise the
impartiality of those who work for, or on behalf of, your authority.
(3) In relation to police authorities and the Metropolitan Police Authority, for
the purposes of sub-paragraph (2)(d) those who work for, or on behalf of,
an authority are deemed to include a police officer.
4. You must not -
(a) disclose information given to you in confidence by anyone, or information
acquired by you which you believe, or ought reasonably to be aware, is of
a confidential nature, except where -
(i) you have the consent of a person authorised to give it;
(ii) you are required by law to do so;
(iii) the disclosure is made to a third party for the purpose of obtaining
professional advice provided that the third party agrees not to
disclose the information to any other person; or
(iv) the disclosure is -
(aa) reasonable and in the public interest; and
(bb) made in good faith and in compliance with the reasonable
requirements of the authority; or
(b) prevent another person from gaining access to information to which that
person is entitled by law.
5. You must not conduct yourself in a manner which could reasonably be
regarded as bringing your office or authority into disrepute.
6. You -
(a) must not use or attempt to use your position as a member improperly
to confer on or secure for yourself or any other person, an advantage or
disadvantage; and
(b) must, when using or authorising the use by others of the resources of
your authority -
(i) act in accordance with your authority's reasonable requirements;
(ii) ensure that such resources are not used improperly for political
purposes (including party political purposes); and
(c) must have regard to any applicable Local Authority Code of Publicity
made under the Local Government Act 1986.
7.(1) When reaching decisions on any matter you must have regard to any
relevant advice provided to you by -
(a) your authority's chief finance officer; or
(b) your authority's monitoring officer
where that officer is acting pursuant to his or her statutory duties.
(2) You must give reasons for all decisions in accordance with any statutory
requirements and any reasonable additional requirements imposed by
your authority.
PART 2 - INTERESTS
Personal Interests
8. (1) You have a personal interest in any business of your authority where
either -
(a) it relates to or is likely to affect -
(i) any body of which you are a member or in a position of general
control or management and to which you are appointed or
nominated by your authority;
(ii) any body -
(aa) exercising functions of a public nature;
(bb) directed to charitable purposes; or
(cc) one of whose principle purposes includes the influence of
public opinion or policy (including any political party or
trade union).
of which you are a member or in a position of general control or
management;
(iii) any employment or business carried on by you;
(iv) any person or body who employs or has appointed you;
(v) any person or body, other than a relevant authority, who has
made a payment to you in respect of your election or any
expenses incurred by you in carrying out your duties;
(vi) any person or body who has a place of business or land in your
authority's area, and in whom you have a beneficial interest in a
class of securities of that person or body that exceeds the
nominal value of £25,000 or one hundredth of the total issued
share capital (whichever is the lower);
(vii) any contract for goods, services or works made between your
authority and you or a firm in which you are a partner, a
company of which you are a remunerated director, or a person
or body of the description specified in paragraph (vi);
(viii) the interests of any person from whom you have received a gift
or hospitality with an estimated value of at least £25;
(ix) any land in your authority's area in which you have a beneficial
interest;
(x) any land where the landlord is your authority and you are, or a
firm in which you are a partner, a company of which you are a
remunerated director, or a person or body of the description
specified in paragraph (vi) is, the tenant;
(xi) any land in the authority's area for which you have a licence
(alone or jointly with others) to occupy for 28 days or longer; or
(b) a decision in relation to that business might reasonably be regarded
as affecting your well-being or financial position of a relevant person to
a greater extent than the majority of -
(i) (in the case of authorities with electoral divisions or wards) other
council tax payers, ratepayers or inhabitants of the electoral
division or ward, as the case may be, affected by the decision;
(ii) (in the case of the Greater London Authority) other council tax
payers, ratepayers or inhabitants of the Assembly constituency
affected by the decision; or
(iii) (in all other cases) other council tax payers, ratepayers or
inhabitants of your authority's area.
(2) In sub-paragraph (1)(b), a relevant person is -
(a) a member of your family or any person with whom you have a
close association; or
(b) any person or body who employs or has appointed such
persons, any firm in which they are a partner, or any company
of which they are directors;
(c) any person or body in whom such persons have a beneficial
interest in a class of securities exceeding the nominal value of
£25,000; or
(d) any body of a type described in sub-paragraph (1)(a)(i) or (ii).
Disclosure of Personal Interests
9. (1) Subject to sub-paragraphs (2) to (7), where you have a personal interest
in any business of your authority and you attend a meeting of your
authority at which the business is considered, you must disclose to that
meeting the existence and nature of that interest at the commencement
of that consideration, or when the interest becomes apparent.
(2) Where you have a personal interest in any business of your authority
which relates to or is likely to affect a person described in paragraph
8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the
existence and nature of that interest when you address the meeting on
that business.
(3) Where you have a personal interest in any business of the authority of
the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the
nature or existence of that interest to the meeting if the interest was
registered more than three years before the date of the meeting.
(4) Sub-paragraph (1) only applies where you are aware or ought
reasonably to be aware of the existence of the personal interest.
(5) Where you have a personal interest but, by virtue of paragraph 14,
sensitive information relating to it is not registered in your authority's
register or members' interests,you must indicate to the meeting that you
have a personal interest but need not disclose the sensitive information
to the meeting.
(6) Subject to paragraph 12(1)(b), where you have a personal interest in any
business of your authority and you have made an executive decision in
relation to that business, you must ensure that any written statement of
that decision records the existence and nature of that interest.
(7) In this paragraph, "executive decision" is to be construed in accordance
with any regulations made by the Secretary of State under section 22 of
the Local Government Act 2000.
Prejudicial Interests Generally
10. (1) Subject to sub-paragraph (2), where you have a personal interest in any
business of your authority you also have a prejudicial interest in that
business where the interest is one which a member of the public with
knowledge of the relevant facts would reasonably regard as so
significant that it is likely to prejudice your judgement of the public
interest.
(2) You do not have a prejudicial interest in any business of the authority
where that business -
(a) does not affect your financial position or the financial position of a
person or body described in paragraph 8;
(b) does not relate to the determining of any approval, consent,
licence, permission or registration in relation to you or any person
or body described in paragraph 8; or
(c) relates to the functions of your authority in respect of -
(i) housing, where you are a tenant of your authority provided that
those functions do not relate particularly to your tenancy or
lease;
(ii) school meals or school transport and travelling expenses,
where you are a parent or guardian of a child in full time
education, or are a parent governor of a school, unless it
relates particularly to the school which the child attends;
(iii) statutory sick pay under Part XI of the Social Security
Contributions and Benefits Act 1992, where you are in
receipt of, or are entitled to the receipt of, such pay;
(iv) an allowance, payment or indemnity given to members;
(v) any ceremonial honour given to members; and
(vi) setting council tax or a precept under the Local Government
Finance Act 1992.
Prejudicial Interests Arising in Relation to Overview and Scrutiny Committees
11. You also have a prejudicial interest in any business before an overview and
scrutiny committee of your authority (or of a sub-committee of such
committee) where -
(a) that business relates to a decision made (whether implemented or not)
or action taken by your authority's executive or another of your
authority's committees, sub-committees, joint committees or joint sub-
committees; and
(b) at the time the decision was made or action was taken, you were a
member of the executive, committee, sub-committee, joint committee or
joint sub-committee mentioned in paragraph (a) and you were present
when that decision was made or action was taken.
Effect of Prejudicial Interests on Participation
12. (1) Subject to sub-paragraph (2), where you have a prejudicial interest in
any business of your authority -
(a) you must withdraw from the room or chamber where a meeting
considering the business is being held -
(i) in a case where sub-paragraph (2) applies, immediately after
making representation, answering questions or giving
evidence;
(ii) in any other case, whenever it becomes apparent that the
business is being considered at that meeting;
unless you have obtained a dispensation from your authority's
standards committee.
(b) you must not exercise executive functions in relation to that
business; and
(c) you must not seek improperly to influence a decision about that
business.
(2) Where you have a prejudicial interest in any business of your authority,
you may attend a meeting (including a meeting of the overview and
scrutiny committee of your authority or of a sub-committee of such
committee) but only for the purpose of making representations,
answering questions or giving evidence relating to the business,
provided that the public are also allowed to attend the meeting for the
same purpose, whether under a statutory right or otherwise.
PART 3 - THE REGISTRATION OF MEMBERS' INTERESTS
Registration of Members' Interests
13. (1) Subject to paragraph 14, you must with 28 days of -
(a) this Code being adopted by or applied to your authority; or
(b) your election or appointment to office (where that is later)
register in your authority's register of members' interests (maintained
under section 81(1) of the Local Government Act 2000) details of your
personal interests where they fall within a category mentioned in
paragraph 8(1)(a), by providing written notification to your authority's
monitoring officer.
(2) Subject to paragraph 14, you must, within 28 days of becoming aware
of any new personal interest or change to any personal interest
registered under paragraph (1), register details of that new personal
interest or change by providing written notification to your authority's
monitoring officer.
Sensitive Information
14. (1) Where you consider that the information relating to any of your personal
interests is sensitive information, and your authority's monitoring officer
agrees, you need not include that information when registering that
interest, or, as the case may be, a change to that interest under
paragraph 13.
(2) You must, within 28 days of becoming aware of any change of
circumstances which means that information excluded under paragraph
(1) is no longer sensitive information, notify your authority's monitoring
officer asking that the information be included in your authority's
register of members' interests.
(3) In this Code, "sensitive information" means information whose
availability for inspection by the public creates, or is likely to create,
a serious risk that you or a person who lives with you may be subjected
to violence or intimidation.
