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 (see Annexure to this Code).
(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) any of the authority’s committees or sub-committees, joint committees or joint sub-committees;
“member” includes a co-opted member and an appointed member.
(5)
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.
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; and
(ii)
ensure that such resources are not used improperly for political
purposes (including party political purposes).
(c)
must have regard to any applicable Local Authority Code of
Publicity made under the Local Government Act 1986.
7. Paragraph 7 does not apply tothis 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 principal 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 or the
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; or
(ii) (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 of members’ interests, you must
indicate to the meeting that you have a personal interest, but need not
disclose the sensitive information to the meeting.
Prejudicial interest 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) this sub-paragraph does not apply to your authority;
(ii) this sub-paragraph does not apply to your authority;
(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.
11. Paragraph 11 does not apply to this authority.
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 representations, 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; and
(b) 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 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 : Registration of Members’ Interests
Registration of members’ interests
13.—(1) Subject to paragraph 14, you must, within 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.
Adopted by resolution of Litcham Parish Council
Annexure
The Ten General Principles
The general principles governing your conduct under the Relevant Authorities (General Principles) Order 2001 are set out below:
Selflessness
1. Members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.
Honesty and Integrity
2.
Members should not place themselves in situations where their honesty
and integrity may be questioned, should not behave improperly and
should on all occasions avoid the appearance of such behaviour.
Objectivity
3.
Members should make decisions on merit, including when making
appointments, awarding contracts, or recommending individuals for
rewards or benefits.
Accountability
4.
Members should be accountable to the public for their actions and the
manner in which they carry out their responsibilities, and should
co-operate fully and honestly with any scrutiny appropriate to their
particular office.
Openness
5.
Members should be as open as possible about their actions and those of
their authority, and should be prepared to give reasons for those
actions.
Personal Judgement
6.
Members may take account of the views of others, including their
political groups, but should reach their own conclusions on the issues
before them and act in accordance with those conclusions.
Respect for Others
7.
Members should promote equality by not discriminating unlawfully
against any person, and by treating people with respect, regardless of
their race, age, religion, gender, sexual orientation or disability.
They should respect the impartiality and integrity of the authority's
statutory officers, and its other employees.
Duty to Uphold the Law
8.
Members should uphold the law and, on all occasions, act in accordance
with the trust that the public is entitled to place in them.
Stewardship
9.
Members should do whatever they are able to do to ensure that their
authorities use their resources prudently and in accordance with the
law.
Leadership
10.Members
should promote and support these principles by leadership, and by
example, and should act in a way that secures or preserves public
confidence.