SOUTHILL PARISH COUNCIL
THE CODE OF CONDUCT
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.