What advice would the Committee like to give to the Councils
on the Isle of Wight?
Register of Members Interests
The Codes of Conduct requires the Monitoring Officer to
ensure that a register of Members interests is maintained and that this is open
for public inspection. There are
essentially three types of registers that have to be maintained:
- A
register of financial and other interests – this includes such things as
land ownership in the area, employment, business etc. This needs to be completed within 28
days of the adoption of the Code of Conduct. I attach at Appendix C a suggested “Pro forma”. With regards to the Isle of Wight
Councillors, I shall ensure that all are sent a copy as soon as the Code
has been adopted and the register will be kept in County Hall. However the Parish and Town Councils
are logistically more complicated and I would suggest that the Register be
maintained by the Clerk of the Parish or Town Council but that it is checked
and monitored by me (as Monitoring Officer) on a yearly basis. The Clerk will remain under an
obligation to update the register whenever circumstances so require it.
- Register
of Gifts and Hospitality – any gift or hospitality over the value of £25
has to be recorded in another register – I attach at Appendix D a
suggested “Pro forma” for this and would suggest that a similar
arrangement for how this is maintained be adopted as set out above.
- The
final register is the register where members declare interests at specific
meetings for specific items. These
registers have been maintained by all Councils for a number of years
although in the past the test was pecuniary and non-pecuniary interests. The new Code of Conduct has changed
this to a new definition of “Personal” or “Prejudicial” interests. It is suggested that the current
arrangements for these registers should continue.
Training
This is dealt with as a separate agenda item.
Contact Point: Chris
Mathews, F 823280
|
|
MIKE
FISHER
Monitoring
Officer
|
Appendix A
THE MODEL CODE OF
CONDUCT - AUTHORITIES OPERATING EXECUTIVE ARRANGEMENTS
PART 1
GENERAL PROVISIONS
Scope
1. - (1) A member must observe the
authority's code of conduct whenever he -
(a)
conducts the business of the authority;
(b) conducts the business of the office to which he 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 must, when acting for that other authority,
comply with that other authority's code of conduct; or
(b) on any other body, he 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,
"member" includes a co-opted member of an authority.
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 in confidence by anyone, or information acquired which
he believes is of a confidential nature, without the consent of a person
authorised to give it, or unless he 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 official capacity, or any other circumstance, conduct himself in a
manner which could reasonably be regarded as bringing his office or authority
into disrepute.
5. A member -
(a) must
not in his official capacity, or any other circumstance, use his position as a
member improperly to confer on or secure for himself 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. - (1) A
member must when reaching decisions -
(a) have regard to
any relevant advice provided to him by -
(i) the
authority's chief finance officer acting in pursuance of his duties under
section 114 of the Local Government Finance Act 1988; and
(ii) the authority's monitoring officer acting in pursuance of his duties under
section 5(2) of the Local Government and Housing Act 1989; and
(b) give the reasons for those
decisions in accordance with the authority's and any statutory requirements in
relation to the taking of an executive decision.
(2) In sub-paragraph (1)(b)
above and in paragraph 9(2) below, "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.
7. A member must, if he becomes aware of any
conduct by another member which he reasonably believes involves a failure to
comply with the authority's code of conduct, make a written allegation to that
effect to the Standards Board for England as soon as it is practicable for him
to do so.
PART 2
INTERESTS
Personal Interests
8. - (1) A member must regard
himself 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 14 and
15 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, 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 £5,000; or
(d) any body listed in sub-paragraphs (a) to (e) of paragraph 15 below in which
such persons 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 or partner
of any of the preceeding persons; and
(b) "partner" in sub-paragraph (2)(a) above means a member of a
couple who live together.
Disclosure of Personal Interests
9. - (1) 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.
(2) Subject to paragraph 12(1)(b) below, a member with
a personal interest in any matter who has made an executive decision in
relation to that matter must ensure that any written statement of that decision
records the existence and nature of that interest.
Prejudicial Interests
10. - (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 as not having a
prejudicial interest in a matter if that matter relates to -
(a) another relevant authority of which he
is a member;
(b) another public authority in which he holds a position of general control or
management;
(c) a body to which he has been appointed or nominated by the authority as its
representative;
(d) the housing functions of the authority where the member holds a tenancy or
lease with a relevant authority, provided that he does not have arrears of rent
with that relevant authority of more than two months, and provided that those
functions do not relate particularly to the member's tenancy or lease;
(e) the functions of the authority in respect of school meals, transport and
travelling expenses, where the member is a guardian or parent of a child in
full time education, unless it relates particularly to the school which the
child attends;
(f) the functions of the authority in respect of statutory sick pay under Part
XI of the Social Security Contributions and Benefits Act 1992, where the member
is in receipt of, or is entitled to the receipt of such pay from a relevant
authority; and
(g) the functions of the authority in respect of an allowance or payment made
under sections 173 to 176 of the Local Government Act 1972 or section 18 of the
Local Government and Housing Act 1989.
Overview and Scrutiny Committees
11. - (1)
For the purposes of this Part, a member must if he is involved in the
consideration of a matter at a meeting of an overview and scrutiny committee of
the authority or a sub-committee of such a committee, regard himself as having
a personal and a prejudicial interest if that consideration relates to a
decision made, or action taken, by another of the authority's -
(a)
committees or sub-committees; or
(b) joint committees or joint sub-committees,
of which he may also be a member.
(2) But sub-paragraph (1) above shall not apply if that
member attends that meeting for the purpose of answering questions or otherwise
giving evidence relating to that decision or action.
Participation in Relation to Disclosed
Interests
12. - (1) Subject to sub-paragraph
(2) below, 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
has obtained a dispensation from the authority's standard's committee;
(b) not exercise executive functions in relation to that matter; and
(c) not seek improperly to influence a decision about that matter.
(2) A member with a
prejudicial interest may, unless that interest is of a financial nature, and
unless it is an interest of the type described in paragraph 11 above,
participate in a meeting of the authority's -
(a)
overview and scrutiny committees; and
(b) joint or area committees,
to the extent that such committees are not exercising
functions of the authority or its executive.
13. For the purposes of this Part,
"meeting" means any meeting of -
(a) the
authority;
(b) the executive of the authority; or
(c) any of the authority's or its executive's committees, sub-committees, joint
committees, joint sub-committees, or area committees.
PART 3
THE REGISTER OF MEMBERS' INTERESTS
Registration of Financial and Other
Interests
14. 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 election or appointment to office (if that is later), a
member must register his financial interests in the authority's register
maintained under section 81(1) of the Local Government Act 2000 by providing
written notification to the authority's monitoring officer of -
(a) any
employment or business carried on by him;
(b) the name of the person who employs or has appointed him, the name of any
firm in which he is a partner, and the name of any company for which he is a remunerated
director;
(c) the name of any person, other than a relevant authority, who has made a
payment to him in respect of his election or any expenses incurred by him in
carrying out his 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 or a firm in which he is a partner, a company of which he
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 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 is a partner, a company of which he 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 has a licence (alone or jointly
with others) to occupy for 28 days or longer.
15. Within 28 days of
the provisions of the authority's code of conduct being adopted or applied to
that authority or within 28 days of his election or appointment to office (if
that is later), a member must register his other interests in the authority's
register maintained under section 81(1) of the Local Government Act 2000 by
providing written notification to the authority's monitoring officer of his
membership of or position of general control or management in any -
(a) body to which he 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.
16. A member must
within 28 days of becoming aware of any change to the interests specified under
paragraphs 14 and 15 above, provide written notification to the authority's
monitoring officer of that change.
Registration of Gifts and Hospitality
17. A member must within 28 days of receiving
any gift or hospitality over the value of £25, provide written notification to
the authority's monitoring officer of the existence and nature of that gift or
hospitality.
Appendix B
THE MODEL CODE OF CONDUCT - PARISH
COUNCILS
PART 1
GENERAL PROVISIONS
Scope
1. - (1) A member must observe the
authority's code of conduct whenever he -
(a)
conducts the business of the authority;
(b) conducts the business of the office to which he 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 must, when acting for that other authority,
comply with that other authority's code of conduct; or
(b) on any other body, he 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 in confidence by anyone, or information acquired which
he believes is of a confidential nature, without the consent of a person
authorised to give it, or unless he 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 official capacity, or any other circumstance, conduct himself in a
manner which could reasonably be regarded as bringing his office or authority
into disrepute.
5. A member -
(a) must
not in his official capacity, or any other circumstance, use his position as a
member improperly to confer on or secure for himself 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 conductive 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 becomes aware of any conduct by another member which he reasonably believes
involves a failure to comply with the authority's code of conduct, make a
written allegation to that effect to the Standards Board for England as soon as
it is practicable for him to do so.
PART 2
INTERESTS
Personal Interests
7. - (1) A member must regard
himself 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, 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 £5,000; or
(d) any body listed in sub-paragraphs (a) to (e) of paragraph 13 below in which
such persons 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 or 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.
Prejudicial Interests
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 as not having a
prejudicial interest in a matter if that matter relates to -
(a) another relevant authority of which he
is a member;
(b) another public authority in which he holds a position of general control or
management;
(c) a body to which he 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 1992, 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
has obtained a dispensation from the standards committee of the responsible
authority; and
(b) not seek improperly to influence a decision about that matter.
11. For the purposes
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 election or appointment to office (if that is later), a
member must register his financial 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 -
(a) any
employment or business carried on by him;
(b) the name of the person who employs or has appointed him, the name of any
firm in which he is a partner, and the name of any company for which he is a
remunerated director;
(c) the name of any person, other than a relevant authority, who has made a
payment to him in respect of his election or any expenses incurred by him in
carrying out his 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 or a firm in which he is a partner, a company of which he
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 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 is a partner, a company of which he 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 has a licence (alone or jointly
with others) to occupy for 28 days or longer.
13. Within 28 days of
the provisions of the authority's code of conduct being adopted or applied to
that authority or within 28 days of his election or appointment to office (if
that is later), a member must register his 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 membership of or position of general control or management in
any -
(a) body to which he 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 interests 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, provide written notification to the
monitoring officer of the responsible authority of the existence and nature of
that gift or hospitality.
Appendix C
REGISTER OF FINANCIAL AND OTHER INTERESTS
NAME OF AUTHORITY
Under the Local
Government Act 2000 it is a requirement for all Members to complete this
register within 28 days of the adoption by the Council of the Code of
Conduct. If your circumstances change
you are required, with 28 days of the change, to submit written notification of
the change to the Monitoring Officer/Clerk to the Council.
Name of
Member………………………………………………………………………………
I set out below my
interests under the various headings:
Financial Interests:
- I am employed or in business as:
- a) The name of the person who employed or had
appointed me is:
b) I am a partner in the form of:
c) The names of companies that remunerate me as a
director are:
- The following (other than the Council) have made a
payment to me in respect of my election or any expenses incurred by me in
carrying out my duties;
- I have a beneficial interest in a class of
securities of the following corporate bodies that have a place of business
or land in the authority's area that exceeds the nominal value of £25,000
or one hundredth of the total issued share capital of that body:
- There are the following contracts for goods,
services or works between the authority and myself or a firm in which I am
a partner, a company of which I am a remunerated director, or a body of
the description specified in sub-paragraph 4. above:
- I have a beneficial interest in the following land
which is in the area of the authority (Give address or other description
sufficient to identify the location):
- 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 I am a partner, a company of which I am a
remunerated director, or a body of the description specified in
sub-paragraph 4. above is:
- I have a licence (alone or jointly) to occupy for
28 days or longer the following land within the area of the authority
(Give address or other description sufficient to identify the location):
Other
Interests:
- I am a member of or hold a position of general
control or management in the following bodies to which I have been appointed or nominated by the authority
as its representative:
- I am a
member of or hold a position of general control or management in the
following:
- Public authorities or bodies exercising functions of a public
nature:
- company, industrial and provident society, charity, or body
directed to charitable purposes;
- body whose principal purposes include the influence of public
opinion or policy; and
- trade union or professional association.
Appendix
D
GIFTS
AND HOSPITALITY REGISTER
For Gifts and Hospitality offered where the value exceeds £25
2.
Name of
Company (or individual) offering hospitality:
3.
Relationship
with Council:
4.
Type of
hospitality/gift offered/received:
5.
Date
hospitality/gift offered/received:
7.
Where
hospitality took place:
Signed
(Member)................................................................................................................
Date:...............................................................................................................................
Monitoring Officer (or
representative)
signature................................................................
Date:...............................................................................................................................
