INDEX:-
PART 1 GENERAL PROVISIONS
Scope
General Obligations
PART 2 INTERESTS
Personal
interests
Disclosure of Personal Interests
Prejudicial
Interests
Participation in Relation
to Disclosed Interests
PART 3 THE REGISTER OF MEMBER'S
INTERESTS
Registration of Financial
and Other Interests
Registration
of Gifts and Hospitality
Additional requirements
Supplementary notes
are given in italics. This code of conduct governs the conduct which is expected
of members and co-opted members of this parish council.
(Under section 51 of the Local Government Act 2000, each
authority must adopt a code of conduct applying to its members which must
incorporate the provisions of the model code. Under section 51(5) of that
Act, where a parish council does not adopt such a code within six months
of the Order coming into force, the provisions of the model code will apply
to the members of the parish council until it does.) The previous
statutory provisions relating to codes of conduct and members interests will
disapply from the date the code is adopted, and will in any event be repealed
with effect from July 27th 2002.
PART 1 GENERAL PROVISIONS
1. (1) An elected or
co-opted member must observe this code of conduct whenever they
a) conduct the business of the authority;
b) conduct the business of the
office to which they have been elected or appointed; or
c) act as a representative of
the authority,
and references to
a member's official capacity shall be construed accordingly.
(2) This 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
Parish Council-
a) on another relevant authority (See
section 49(6) of the Local Government Act 2000 for the definition of "relevant
authority"), they must, when acting for that other authority, comply with
that other authority's code of conduct;
Relevant authorities include a county, district, or
parish council; a fire authority constituted by a combination scheme under
the Fire Services Act 1947; and a police authority.
or b) on any other body, they must, when acting for that other
body, comply with the Parish Council's code of conduct, except and insofar
as it conflicts with any other lawful obligations to which that other body
may be subject.
i.e. The code applies whenever a member is acting
in their official capacity, and that it does not apply in other circumstances
unless otherwise indicated. Additionally, where a member is acting as a representative
of the Parish Council, they must continue to observe the authority's code,
unless they are subject to another relevant authority's code, or unless (in
relation to any other body) it conflicts with any other legal obligations.
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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 Parish Council.
i.e. Members must promote equality, treat others with
respect and not do anything which compromises the impartiality of those who
work for the Parish Council.
3. A member must not-
a) disclose information given to them in confidence by
anyone, or information acquired which they believe is of a confidential nature,
without the consent of a person authorised to give it, or unless they are
required by law to do so; nor
b) prevent another person from gaining access to information
to which that person is entitled by law.
i.e. Members must not without
consent disclose confidential information they have acquired and must not
prevent others from gaining access to information to which they are entitled.
4. A member must not in their official capacity, or any other circumstance,
conduct themselves in a manner which could reasonably be regarded as bringing
their office or the Parish Council into disrepute.
i.e. In a member's official capacity and in other circumstances,
a member must not conduct themselves in a manner which could bring the Parish
Council into disrepute.
5. A member-
a) must not in their official capacity, or
any other circumstance, use their position as a member improperly to confer
on or secure for themselves or any other person, an advantage or disadvantage;
and b) must, when using or authorising the use by others of the resources
of the Parish Council-
i) act in accordance with
the Parish Council'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 Parish Council or of the office to which the member has been elected
or appointed.
i.e. A member must not in their official capacity or
in other circumstances use their position improperly to gain an advantage
or confer a disadvantage and that when using or authorising the use of the
authority's resources, they must act in accordance with the Parish Council's
requirements and must not permit those resources to be used for political
purposes.
6. A member must, if they become aware of any conduct by another member which
they reasonably believe involves a failure to comply
with the Parish Council's code of conduct, make a written allegation
to that effect to the Standards Board for England as soon as it is practicable
for them to do so.
i.e. A member must make a written allegation of misconduct
to the Standards Board for England if they become aware of conduct by another
member involving failure to comply with the Parish Council's code of conduct.
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7.-(1) A member must regard themselves 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 Ingestre and/or Tixall, the well-being or financial position
of themselves, 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 œ5,000; 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.
i.e. A member has a personal interest in a matter which
has been registered or where a decision upon a matter could reasonably be
regarded as affecting the well-being or financial position of those
persons described in the paragraph.
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Disclosure of Personal Interests
8. A member with a personal interest in a matter
who attends a meeting of the Parish Council 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.
i.e. A member with a personal interest in a matter
must disclose that interest at any meeting at which the matter is considered.
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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 themselves as not
having a prejudicial interest in a matter if that matter relates to-
a) another relevant authority of which
they are a member;
b) another public authority in which
they hold a position of general control or management;
c) a body to which they have been appointed
or nominated by the Parish Council as its representative;
d) any functions of the Parish Council
in respect of statutory sick pay under Part M of the Social Security Contributions
and Benefits Act 1992 (1992 c. 4. Part X1 has been amended), 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 Parish Council
in respect of an allowance or payment made under sections 173 to 173A and
175 to 176 of the Local Government Act 1972 (1972 c. 70. Sections 173 to
176 were amended by section 194 of and paragraphs 26 and 27 of Schedule 11
to the Local Government and Housing Act 1989; section 7 of the Misc. Financial
Provisions Act 1983 (c. 29); sections 25 and 194 of and Schedule 34 to the
Local Government, Planning and Land Act 1980 (c. 65); section 11 (3) of and
Schedule V to the Water Act 1983; section 328 of and paragraph 18 and 19
of Schedule 29 to the Greater London Authority Act 1999; section 84 of and
paragraph 18 of Schedule 14 to the Local Government Act 1985 and section
237 of and Schedule 13 to the Education Reform Act 1988. Section 173A was
inserted by section 24(2) of the Local Government, Planning and Land Act
1980) or section 18 of the Local Government and Housing Act 1989 (1989 c.
42. Section 18 was amended by section 99 of the Local Government Act 2000;
section 43 of and paragraph 37 to Schedule 4 of the Police and Magistrates'
Court Act 1994 and section 582(1) of and paragraph 97 of Schedule 37 to the
Education Act 1996).
i.e. A member with a personal interest also has a prejudicial
interest if the interest could be regarded by a member of the public as so
significant that it is likely to prejudice their judgement of the public
interest. The paragraph provides that in the circumstances specified a member
may regard themselves as not having a prejudicial interest.
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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 they have obtained a dispensation
(Under section 81 (5) of the Local Government Act 2000, the Secretary of
State may prescribe in regulations the circumstances in which standards committees
may grant dispensations.) from the standards committee of the responsible
authority (See section 55(1) and (2) of the Local Government Act 2000 for
provision requiring standards committees of responsible authorities to have
the same functions for parishes as they have under section 54(1) and (2));
and
b) not seek improperly to influence
a decision about that matter.
i.e. A member with a prejudicial interest must, unless they have
obtained a dispensation, withdraw from any meetings at which the matter is
being considered, and must not improperly influence decisions in relation
to the matter.
11. For the purposes of this Part, "meeting" means any meeting of the Parish
Council . Although this does not include the Annual Parish Meeting, we
have been advised that members should declare any relevant interests at such
a meeting.
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PART 3 THE REGISTER OF MEMBER'S
INTERESTS
Registration of Financial
and Other Interests
12. Within 28 days of the
provisions of the Parish Council's code of conduct being adopted and applied
or within 28 days of their election or appointment to office (if that is
later), a member must register their 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 Stafford Borough
Council (See section 83(12) of the Local Government Act 2000 for the requirement
that the functions exercisable by a monitoring officer of a relevant authority
which is a parish council are to be exercisable by the monitoring officer
of the responsible authority, ie. Stafford Borough Council ) of -
a) any employment or business carried
on by them;
b) the name of the person who employs
or has appointed them, the name of any firm in which they are a partner,
and the name of any company for which they are a remunerated director;
c) the name of any person, other than
a relevant authority, who has made a payment to them in respect of their
election or any expenses incurred by them in carrying out their duties;
d) the name of any corporate body which
has a place of business or land in Ingestre or Tixall, and in which the member
has a beneficial interest in a class of securities of that body that exceeds
the nominal value of œ25,000 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 Parish Council and themselves or
a firm in which they are a partner, a company of which they are 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 they have a beneficial
interest and which is in Ingestre or Tixall,
g) the address or other description
(sufficient to identify the location) of any land where the landlord is the
Parish Council and the tenant is a firm in which they are a partner, a company
of which they are 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 Ingestre or Tixall in
which they have a licence (alone or jointly with others) to occupy for 28
days or longer.
13. Within 28 days of the provisions of this code of conduct being adopted
and applied to the Parish Council or within 28 days of their election or
appointment to office (if that is later), a member must register their other
interests in the Parish Council's register maintained under section 81 (1)
of the Local Government Act 2000 by providing written notification to the
monitoring officer of Stafford Borough Council of their membership
of or position of general control or management in any-
a) body to which they have been appointed
or nominated by the Parish Council as its representative;
b) public authority or body exercising
functions of a public nature;
c) company, industrial and provident
society (See the Industrial and Provident Society Acts 1965 to 1978
for the requirements for registration of industrial and provident societies.),
charity, or body directed to charitable purposes;
d) body whose principal purposes include
the influence of public opinion or policy; and
e) trade union (See section 1 of the
Trade Union and Labour Relations (Consolidation) Act 1992 c.52 for the definition
of a 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 Stafford Borough Council of that change.
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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 Stafford Borough
Council of the existence and nature of that gift or hospitality.
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There are five additional requirements following adoption
of the Code:-
1. Members of the Parish Council must sign an undertaking to abide by the
code within two months of adoption. If they do not do so they could cease
be members of the Council.
2. The Code must be available for inspection by the public, i.e. in the Summer
House at 2, The Hanyards.
3. We must advertise that the Code has been adopted, and where and when a
copy can be inspected. The Borough Council has offered to arrange a single
composite notice provided we inform that the Code has been adopted
by May 5th.
4. Within 28 days of the Code being adopted, Parish Councillors must register
with A.R.Welch, The Borough Council Monitoring Officer, their financial and
other interests on the specially drafted forms. They must also inform him
of any changes in their interests within 28 days of the change. He will maintain
a register of their interests which will be open for public inspection. He
will send a copy of the forms to the Parish Clerk who will maintain a duplicate
register.
5. Parish Councillors must also register with the Monitoring Officer any
gifts or hospitality they may receive, in their capacity as a councillor,
within 28 days, on the form provided for that purpose.
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