GUIDE TO THE CODE OF CONDUCT
KSPC HAS SIGNED UP TO THE LATEST (2007) Code of Conduct 30 May 2007
RESOLVED that KSPC adopts the Model Code of Member Conduct for Parish & Town Councils, including paragraph 12(2) with effect from 1st September 2007.
RESOLVED that KSPC also adopts as a non-enforceable Annex to the Code the Statement of General Principles from the same date.
A new Standing Order was also adopted, as advised by NALC (National Association of Local Councils) which expressly allows members of the public to attend meetings for the purpose of making representations.
If you are seeking up to date information on the Code of Conduct please follow these links:
http://www.opsi.gov.uk/si/si2007/20071159.htm Statutory Instrument - Model Code of Conduct.
http://www.standardsboard.gov.uk/TheCodeofConduct/IntroductiontotheCodeofConduct/ Standards Board website.
http://www.standardsboard.gov.uk/TheCodeofConduct/Guidance/filedownload,5982,en.pdf Code of Conduct Members' Guide
http://www.standardsboard.gov.uk/TheCodeofConduct/Guidance/filedownload,5983,en.pdf Code of Conduct Pocket Guide
The SB has produced Code of Conduct Factsheets online on bullying, disclosing confidential information, gifts & hospitality, lobby groups & declarations of interest, personal and prejudicial interests, ethical frameworks for local government. Clear explanations on the complicated parts of the revised CoC for useful additional guidance. Aimed at any interested party at every level, they can also be downloaded from the SB website www.standardsboard.gov.uk The SB has also published a paper exploring difficult & controversial issues relating to members' conduct. Called "Predisposition, Predetermination or Bias, and the Code" this is aimed at Monitoring Officers*, though SB Committee Members may also find it useful; it is also available to download.
* MONITORING OFFICERS ARE USUALLY QUALIFIED EMPLOYEES (Solicitors) OF DISTRICT COUNCILS WHO KEEP PARISH CLLRS' DECLARATIONS OF ACCEPTANCE OF OFFICE & REGISTRATIONS OF INTEREST - AND WILL, IF NECESSARY, DEAL WITH ANY BREACHES OR ALLEGED BREACHES OF THE CODE OF CONDUCT.
The Code of Conduct was revised in 2007 and the information given below is a general guide only.
PERSONAL AND PREJUDICAL INTERESTS
A GUIDE TO ASSIST MEMBERS OF A PARISH COUNCIL TO DETERMINE WHETHER THEY MAY SPEAK AND VOTE AT MEETINGS
Including the Scope and General Obligations of the Code of Conduct and the General Principles
CONTENTS
Guide to the Declaration of Interests
The Scope of the Code of Conduct
General Provisions of the Code
General Principles
Glossary
NOTE 1 This Guide applies to Parish Councils. It does not apply to other local or public authorities.
NOTE 2 The Guide incorporates the provisions of the Model Code of Conduct; it does not include
any additional provisions adopted by your Council.
NOTE 3 The Guide does not preclude the necessity to consult your Council's Code of Conduct. If you
have any doubt whether you have a Personal Interest or whether that interest is a Prejudicial
Interest or whether you may speak and vote at a meeting you must consult the Clerk to your
Council or the Monitoring Officer of the District Council or Unitary Council within whose area
your Parish is situated.
GUIDE TO THE DECLARATION OF INTERESTS
Do you have a Personal Interest?
Consider the questions below.
Does the matter under discussion relate to an interest you have or should have entered in the Register of Members' Interests?
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, ratepayers, or inhabitants of the parish, your well-being or financial position or the well-being or financial position of a relative or friend?
Does the matter relate to your employment or business? or
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, ratepayers, or inhabitants of the parish, any employment or business carried on by you, a relative or friend?
Does the matter relate to your employer, any partnership of which you are a partner or any company of which you are a remunerated director?
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, ratepayers, or inhabitants of the parish, any person who employs or who has appointed you or a relative or friend, or any firm in which you, a relative or friend is a partner or any company of which you, a relative or friend is a director?
Does the matter relate to any person who has made any payment to you in respect of your election or any expenses incurred in carrying out your duties (other than payments made by the council, a district or county council, fire or police authority or another relevant authority)?
Does the matter relate to a corporate body in which you have a beneficial interest in a class of securities exceeding the nominal value of £25,000 or 1% of the total issued share capital, which has a place of business or land within the parish?
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, ratepayers or inhabitants of the parish, any corporate body in which you, a relative or friend has a beneficial interest in a class of securities exceeding the nominal value of £5,000?
Does the matter relate to any land in the parish in which you have a beneficial interest (that is, in which you have some interest for your own benefit, including your home)?
Does the matter relate to any land where the Council is the landlord and the tenant is a firm of which you are a partners, a company of which you are a remunerated director or a corporate body in which you have a beneficial interest in a class of securities exceeding the nominal value of £25,000 or 1% of the total issued share capital?
Does the matter relate to any land in the parish in which you have a licence (alone or jointly with others) to occupy for 28 days or longer?
Does the matter relate to any contract for goods, services or works made between the Council and you, a firm of which you are a partner, a company of which you are a remunerated director or a corporate body in which you have a beneficial interest in a class of securities exceeding the nominal value of £25,000 or 1% of the total issues share capital?
Does the matter relate to a body of which you are a member or in which you hold a position of general control or management and to which you have been appointed or nominated by the Council as its representative. or
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, or inhabitants of the parish, any body to which you have been appointed or nominated by the Council as its representative in which you hold or a relative or friend holds a position of general control or management?
Does the matter relate to a public authority or body exercising functions of a public nature, of which you are a member or in which you hold a position of general control or management? or
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, ratepayers, or inhabitants of the parish, any public authority or body exercising functions of a public nature in which you hold or a relative or friend holds a position of general control or management?
Does the matter relate to a company, industrial and provident society, charity or body directed to charitable purposes of which you are a member or in which you hold a position of general control or management? or
Might a decision on the matter reasonably be regarded as affecting to a greater extent than other council-tax payers, ratepayers, or inhabitants of the parish, any company, industrial and provident society, charity or body directed to charitable purposes in which you hold or a relative or friend holds a position of general control or management?
Does the matter relate to any body of which you are a member or in which you hold a position of general control or management whose principal purposes include the influence of public opinion or policy? or
Does the matter relate to a trade union or professional association of which you are a member or in which you hold a position of general control or management?
If you answered NO to all the questions you do not have a personal interest. You may speak and vote on the matter.
If your answer to one or more of the questions is YES, you have a Personal
Interest and must consider whether the interest is a Prejudicial Interest.
Go to Page 5.
Do you have a Prejudicial Interest?
Consider the following question:
Is your interest 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?
If your answer is NO, you must disclose to the meeting the existence and nature of your person interest at the time that the matter is considered or when the interest becomes apparent. You may speak and vote on the matter.
If your answer is YES, read further to consider whether you are entitled to speak and vote on the matter.
Are you entitled to
speak and vote on the matter even though you have a prejudicial interest?
Consider these questions :
Does the matter relate to another local authority, a police, fire or joint authority or another relevant authority of which you are a member?
Does the matter relate to a public authority (other than the Council) in which you hold a position of general control or management?
Does the matter relate to a body to which you have been appointed or nominated by the Council as its representative?
Does the matter relate to the functions of the Council in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992 where you are in receipt of or entitled to such statutory sick pay?
Does the matter relate to the functions of the Council in respect of an allowance of payment made under Sections 173 to 176 of the Local Government Act 1972 or Section 18 of the Local Government and Housing Act 1989?
If your answer to any of these questions is YES you may speak and vote on the matter after you have disclosed the existence and nature of your interest.
If your answer is NO you must disclose the existence and nature of your personal and prejudicial interest and withdraw from the meeting for the duration of the committee's consideration of the matter unless the Standards Committee of the district council or unitary council within whose area your parish is situated has granted you a dispensation.
THE SCOPE OF THE CODE OF CONDUCT
When must I observe the Council's Code of Conduct?
Whenever you are conducting Council business or the business of the office to which you have been elected or appointed, and whenever you are representing the Council.
Does the Code apply when I am not acting in an official capacity?
No, except that you must not at any time conduct yourself in a manner which could reasonably be regarded as bringing your office or the Council into disrepute and you must not at any time improperly use your position as a member of the Council to confer on or secure for yourself or any other person an advantage or disadvantage.
Must I comply with the Council's Code when acting as a representative on the fire or police authority or another relevant authority?
No. Whenever you act for that other authority you must comply with its Code.
Must I comply with the Council's Code when I act as its representative on any other body?
Yes, whenever you act for another body you must comply with the Council's Code unless in doing so you are in conflict with any lawful obligation to which the body is subject.
GENERAL PROVISIONS OF THE CODE OF CONDUCT
EQUALITY
You must promote equality by not discriminating unlawfully against any person.
You must treat others with respect.
You must not do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, the Council.
INFORMATION
You must not disclose information given to you in confidence by anyone, or information acquired which you believe is of a confidential nature, without the consent of a person authorised to give it, or unless you are required by law to do so.
You must not prevent another person from gaining access to information to which that person is entitled by law.
REPUTE
You must not at any time (whether in your official capacity or any other circumstance) conduct yourself in a manner which could reasonably be regarded as bringing your office or the Council into disrepute.
ADVANTAGE
You must not at any time (whether in your official capacity or any other circumstance) use your position as a member of the Council improperly to confer on or secure for yourself or any other person an advantage or disadvantage.
THE COUNCIL'S RESOURCES
You must, when using or authorising the use by others of the resources of the Council, act in accordance with the Council's requirements.
You must, when using or authorising the use by others of the resources of the Council, ensure that they are not used for political purposes unless the use to which they are put can reasonably be regarded as likely to facilitate, or be conducive to, the discharge of Council functions or the office to which you have been elected or appointed.
REPORTING MISCONDUCT
If you become aware of any conduct by another member which you reasonably believe involved a failure to comply with the Council's Code of Conduct you must report the misconduct in writing to the Standards Board as soon as it is practicable for you to do so.
THE GENERAL PRINCIPLES
The Relevant Authorities (General Principles) Order 2001
The ten general principles govern the conduct of members and underpins the Code of Conduct. They apply to members when acting in an official capacity, except that the requirement to act with honesty and integrity and the duty to uphold the law applies at all times.
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 & 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 unlawfully against any person, and by treating people with respect, regardless of the 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.
Glossary
'Committee' includes sub-committees.
'co-opted members' are persons who are not elected members of the council but who are members of any committee or sub-committee of the council or are members of and represent the council on any joint committee or joint sub-committee of the council and who are entitled to vote at meetings of those committees and sub-committees.
'land' includes houses and buildings.
'meeting' means Council meetings and meetings of any of the Council's committees, sub-committees, joint committees or joint sub-committees.
'member' means elected members of the council and co-opted members.
'partner' means a member of a couple who live together.
'relative' means 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 these.
'relevant authority' includes a county council, district council, London borough council, parish council, the Council of the Isles of Scilly, a fire authority, a police authority, a joint authority, the Broads Authority and a National Park Authority.
END