CODE OF CONDUCT FOR ELECTED,
CO-OPTED AND APPOINTED MEMBERS OF BRETTON PARISH COUNCIL
PREAMBLE TO THE
CODE OF CONDUCT
Selflessness – members should
serve only the public interest and should never improperly confer an advantage
or disadvantage on any person.
Honesty and integrity – 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 – members should
make decisions on merit, including when making appointments, awarding
contracts, or recommending individuals for rewards or benefits.
Accountability – 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 – 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 – 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 – members should
promote equality by not discriminating 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 – 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 – 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 – members should
promote and support these principles by leadership, and by example, and should
act in a way that secures or preserves public confidence.
(Relevant Authorities (General Principles)
Order 2001 (S.I. 2001/1401)
CODE
OF CONDUCT FOR ELECTED, CO-OPTED AND APPOINTED MEMBERS OF BRETTON PARISH
COUNCIL
Part 1
General Provisions
Introduction and interpretation
1. - (1) This Code applies to you as a
member of this authority.
(2) You
should read this Code together with the general principles prescribed by the
Secretary of State [and attached as a preamble to this Code].
Note: You are recommended to include the
general principles as a preamble to the 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,
sub-committees, joint committees, joint sub-committees [or area committees];
Note: delete words in square
brackets if not applicable.
“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 with 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 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;
(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.]
Note: This paragraph of the Code is not mandatory for parish
councils. You will need to decide
whether it should be deleted in whole or in part. In that event, the remainder of the Code will
need to be renumbered accordingly. It
is not considered that paragraph 7(i) is applicable to parish councils and I
would recommend that you delete it. You
will need to decide if you wish to include paragraph 7(2).
Part 2
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 had 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 wellbeing or financial position or the
wellbeing 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 all others cases other council tax payers, rate
payers 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 (5), 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.
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;]
Note: Paragraphs 10 (2) (c) (i) and (ii) are not
mandatory and should be deleted if not applicable. In that event the remaining provisions should
be renumbered accordingly.
(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.
Effect of prejudicial interests on participation
11. - (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;
(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 (including a meeting of
the overview and scrutiny committee of your authority or of a sub-committee or
such a 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.]
Note: Paragraph 11 (2) is not a mandatory provision. You will need to decide whether or not you
wish this provision to be included within your Code. Its effect is to enable a member with a
prejudicial interest to remain in the meeting only for the purpose of making
representations, answering questions or giving evidence in relation to the
matter but only where the public have the same rights. If you include this provision the member will
still need to leave the meeting before the meeting deliberates on the matter
and makes a decision.
If you decide not to include this provision the words in square brackets
in paragraph 11(1) should be deleted.
Part 3
Registration of
Members’ Interests
12. - (1) Subject to paragraph [13], 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(i) 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
[13], 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.
Note: The numbering in square brackets may need changing depending on
whether or not you have included paragraph 7.
If not, the paragraph numbering will need amending thereafter.
13. - (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 [12].
(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.
Note: See note to paragraph 12 above.
Please check reference to paragraph number in paragraph 13 (i) is correct.