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PARISH/TOWN COUNCIL
MEMBERS AND CO-OPTED MEMBERS
CODE OF CONDUCT
Incorporating the mandatory provisions of the Model Code of Conduct
PART 1
GENERAL PROVISIONS
Scope
1.
(1) A member must observe the authority’s code of conduct whenever
he/she;
conducts the business of the authority;
b conducts the
business of the office to which he/she has been elected or appointed; or
c
acts as a representative of the authority,
and
references to a member’s official capacity shall be construed accordingly.
2)
An authority’s code of conduct shall not, apart from paragraphs 4 and
5 (a) below, have effect in relation to the activities of a member
undertaken other than in an official capacity.
3)
Where a member acts as a representative of the authority –
(a)
on another relevant authority, he/she must, when acting for that
other authority, comply with that other authority’s code of conduct; or
(b)
on any other body he/she must, when acting for that other body,
comply with the authority’s code of conduct, except and insofar as it
conflicts with any other lawful obligations to which that other body may be
subject.
4)
In this code (a), “member” includes a co-opted member of an
authority; and (b) “responsible authority” means a district council or a
unitary county council which has functions in relation to the parish
councils for which it is responsible under section 55 (12) of the Local
Government Act 2000.
General Obligations
2
A member must –
a)
Promote equality by not discriminating unlawfully against any person;
b)
Treat others with respect; and
c)
Not do anything which compromises or which is likely to compromise
the impartiality of those who work for, or on behalf of, the authority.
3
A member must not –
a)
disclose information given to him/her in confidence by anyone, or
information acquired which he/she believes is of a confidential nature,
without the consent of a person authorised to give it, or unless he/she is
required by law to do so; nor
b)
prevent another person from gaining access to information to which
that person is entitled by law.
4
A member must not in his/her official capacity, or any other
circumstance, conduct himself/herself in a
manner
which could reasonably be regarded as bringing his/her office or authority
into disrepute.
5
A member –
a must not in his/her official capacity, or any other
circumstance, use his/her position as a member improperly to confer on or
secure for himself/herself or any other person, an advantage or
disadvantage; and
b must, when using or authorising the use by others of the
resources of the authority,
(i)
act in accordance with the authority’s requirements; and
(ii)
ensure that such resources are not used for political purposes unless
that use could reasonably be regarded as likely to facilitate, or be
conducive to, the discharge of the functions of the authority or of the
office to which the member has been elected or appointed.
6 A
member must, if he/she becomes aware of any conduct by another member which
he/she reasonably believes involves a failure to comply with the authority’s
code of conduct, make a written allegation to that effect to the Standard
Board for England as soon as it is practicable for him/her to do so.
PART
2
INTERESTS
Personal Interests
7
(1) A member must regard himself/herself as having a personal
interest in any matter if the matter relates to an interest in respect of
which notification must be given under paragraphs 12 and 13 below, or if a
decision upon it might reasonably be regarded as affecting to a greater
extent than other council tax payers ratepayers, or inhabitants of the
authority’s area, the well-being or financial position of himself/herself, a
relative or a friend or-
a any employment or business carried on by such persons;
b any person 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 corporate body in which such persons have a beneficial
interest in a class of securities
exceeding the nominal value of £5000; or
d any body listed in sub-paragraphs (a) to (e) of paragraph 13
below in which such person hold a
position of general control or management.
(2) In this paragraph -
a “relative” means a spouse, partner, parent, parent-in-law, son,
daughter, step-son, step-daughter, child of a partner, brother, sister,
grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse of
partner of any of the preceding persons; and
b “partner” in sub-paragraph (2) (a) above means a member of a
couple who live together
Disclosure of Personal Interests
8
A member with a personal interest in a matter who attends a meeting of the
authority at which the matter
is considered must disclose to that meeting the existence and
nature of that interest at the commencement
of that consideration, or when the interest becomes apparent.
9 (1)
Subject to sub-paragraph (2) below, a member with a personal interest in a
matter also has a prejudicial interest in that matter if 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 the
member’s judgement of the public interest.
(2) A
member may regard himself/herself as not having a prejudicial interest in a
matter if that matter relates to –
a
another relevant authority of which he/she is a member;
b another public authority in which he/she holds a position of
general control or management;
c a body to which he/she has been appointed or nominated by the
authority as its representative;
d any functions of the authority in respect of statutory sick pay
under Part XI of the Social Security Contributions and Benefits Act 1972,
where the member is in receipt of, or is entitled to the receipt of such pay
from a relevant authority; and
e any functions of the authority in respect of an allowance or
payment made under sections 173 to 173A and 175 to 176 of the Local
Government Act 1972 or section 18 of the Local Government and Housing Act
1989.
Participation in Relation to
Disclosed Interests
10
A member with a prejudicial interest in any matter must -
a withdraw
from the room or chamber where a meeting is being held whenever it becomes
apparent
that the matter is being considered at that meeting, unless he/she has
obtained a dispensation
from the standard committee of the responsible authority; and
b not
seek improperly to influence a decision about that matter.
11 For the purpose of this Part, “meeting” means any meeting of -
a the authority; or
b any of the authority’s committees, sub-committees, joint
committees or joint sub-
committees.
PART
3
THE REGISTER OF MEMBERS’
INTERESTS
Registration
of Financial and Other Interests
12
Within 28 days of the provisions of an authority’s code of conduct being
adopted or applied to that authority or within 28 days of his/her election
or appointment to office (if that is later), a member must register his/her
financial interest in the authority’s register maintained under section
81(1) of the Local Government Act 2000 by providing written notification to
the monitoring officer of the responsible authority of -
a any
employment of business carried on by him/her;
b the name of the person who employs or has appointed him/her, the
name of any firm in which
he/she is a partner, and the name of any company for which he/she is a
remunerated director;
c the name of any person, other than a relevant authority, who has
made a payment to him/her in respect of his/her election or any expenses
incurred by him/her in carrying out his/her duties;
d the name of any corporate body which has a place of business or
land in the authority’s area, and in which the member has a beneficial
interest in a class of securities of that body that exceeds the nominal
value of £25,000 or one hundredth of the total issued share capital of that
body;
e a description of any contract for goods, services or works made
between the authority and himself/herself or a firm in which he/she is a
partner, a company of which he/she is a remunerated director, or a body of
the description specified in sub-paragraph (d) above;
f the address or other description (sufficient to identify the
location) of any land in which he/she has a beneficial interest and which is
in the area of the authority;
g the address or other description (sufficient to identify the
location) of any land where the landlord is the authority and the tenant is
a firm in which he/she is a partner, a company of which he/she is a
remunerated director, or a body of the description specified in
sub-paragraph (d) above; and
h the address or other description (sufficient to identify the
location) of any land in the authority’s area in which he/she has a licence
(alone or jointly with others) to occupy for 28 days or longer.
13 Within 28 days of the provisions for the authority’s code of
conduct being adopted or applied to that authority or within 28 days of
his/her election or appointment to office (if that is later), a member must
register his/her other interests in the authority’s register maintained
under section 81(1) of the Local Government Act 2000 by providing written
notification to the monitoring officer of the responsible authority of
his/her membership of or position of general control or management in any-
a body to which he/she has been appointed or nominated by the
authority as its representative;
b public
authority or body exercising functions of a public nature;
c company, industrial and provident society, charity, or body
directed to charitable purposes;
d body whose principal purposes include the influence of public
opinion or policy; and
e trade union or professional association
14 A member must within 28 days of becoming aware of any change to
the interest specified under paragraphs 12 and 13 above, provide written
notification to the monitoring officer of the responsible authority of that
change.
Registration of Gifts and Hospitality
15 A member must within 28 days of receiving any gift or hospitality
over the value of £25.00, provide written notification to the monitoring
officer of the responsible authority of the existence and nature of that
gift or hospitality. |
