Code of Conduct adopted by Backwell Parish Council 4th October 2012

 

Introduction

 

Pursuant to section 27 of the Localism Act 2011, Backwell Parish Council ('the Council') has adopted this Code of Conduct to promote and maintain high standards of behaviour by its members and co-opted members whenever they conduct the business of the Council, including the business of the office to which they were elected or appointed, or when they claim to act or give the impression of acting as a representative of the Council.

 

This Code of Conduct is based on the principles of selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

 

Definitions

 

For the purposes of this Code, a 'co-opted member' is a person who is not a member of the Council but who is either a member of any committee or sub-committee of the Council, or is a member of, and represents the Council on any joint committee or joint sub-committee of the Council, and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee.

 

For the purposes of this Code, a 'meeting' is a meeting of the Council, any of its committees, sub-committees, joint committee's or joint sub-committees.

 

For the purposes of this Code, and unless otherwise expressed, a reference to a member of the Council includes a co-opted member of the Council.

 

Member obligations

 

When a member of the Council acts, claims to act or gives the impression of acting as a representative of the Council, he/she has the following obligations.

 

1. He/she shall behave in such a way that a reasonable person would regard

as respectful.

2. He/she shall not act in a way which a reasonable person would regard as

bullying or intimidatory.

 

3. He/she shall not seek to improperly confer an advantage or disadvantage

on any person.

 

4. He/she shall use the resources of the Council in accordance with its

requirements.

 

5. He/she shall not disclose information which is confidential or where

disclosure is prohibited by law.

 

Registration of interests

 

6. Within 28 days of this Code being adopted by the Council, or the

member's election or the co-opted member's appointment (where that is

later), he/she shall register with the Monitoring Officer the interests which

fall within the categories set out in Appendices A and B.

 

7. Upon the re-election of a member or the re-appointment of a co-opted

member, he/she shall within 28 days re-register with the Monitoring

Officer any interests in Appendices A and B.

 

8. A member shall register with the Monitoring Officer any change to

interests or new interests in Appendices A and B within 28 days of

becoming aware of it.

 

9. A member need only declare the existence but not the details of any

interest which the Monitoring Officer agrees is a 'sensitive interest'.

A sensitive interest is one which, if disclosed on a public register, could

lead the member or a person connected with the member to be subject

to violence or intimidation.

 

Declaration of interests at meetings

 

10. Where a matter arises at a meeting which relates to an interest in

Appendix A the member shall not participate in a discussion or vote on

the matter. He/she only has to declare what his/her interest is if it is

not already entered in the member's register of interests or if he/she has

not notified the Monitoring Officer of it.

 

11. Where a matter arises at a meeting which relates to an interest in

Appendix A which is a sensitive interest, the member shall not participate

in a discussion or vote on the matter. If it is a sensitive interest which has

not already been disclosed to the Monitoring Officer, the member shall

disclose he/she has an interest but not the nature of it.

12. Where a matter arises at a meeting which relates to an interest in Appendix B, the member shall not vote on the matter. He/she may speak

on the matter only if members of the public are also allowed to speak at

the meeting.

 

13. A member only has to declare his/her interest in Appendix B if it is not

already entered in his/her register of interests or he/she has not notified

the Monitoring Officer of it or he/she speaks on the matter. If he/she

holds an interest in Appendix B which is a sensitive interest not already

disclosed to the Monitoring Officer, he/she shall declare the interest but

not the nature of the interest.

 

14. Where a matter arises at a meeting which relates to a financial interest of

a friend, relative or close associate (other than an interest of a person

in Appendix A), the member shall disclose the nature of the interest and

not vote on the matter. He/she may speak on the matter only if members

of the public are also allowed to speak at the meeting. If it is a 'sensitive

interest' the member shall declare the interest but not the nature of the

interest.

 

Dispensations

 

15. On a written request made to the Council's proper officer, the Council

may grant a member a dispensation to participate in a discussion and

vote on a matter at a meeting even if he/she has an interest in Appendices

A and B if the Council believes that the number of members otherwise

prohibited from taking part in the meeting would impede the transaction

of the business, or it is in the interests of the inhabitants in the Council's

area to allow the members to take part or it is otherwise appropriate to

grant a dispensation.

 

 

 

 

 

 

 

Appendix A

Interests described in the table below.

Subject

Description

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partners.

Sponsorship

Any payment or provision of any other financial benefit (other than from the Council) made to the member during the 12 month period ending on the latest date referred to in paragraph 6 above for expenses incurred by him/her in carrying out his/her duties as a member, or towards his/her election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

Contracts

Any contract made between the member or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners (or a firm in which such person is a partner, or an incorporated body of which such person is a director* or a body that such person has a beneficial interest in the securities of*) and the Council -

 

(a) under which goods or services are to be provided or works are to be executed; and

 

(b) which has not been fully discharged.

Land

Any beneficial interest in land held by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partner which is within the area of the Council.

‘Land' excludes an easement, servitude, interest or right in or over land which does not give the member or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners (alone or jointly with another) a right to occupy or to receive income.

Licences

Any licence (alone or jointly with others) held by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partners to occupy land in the area of the Council for a month or longer.

Corporate tenancies

Any tenancy where (to the member's knowledge)-

 

(a) the landlord is the Council; and

 

(b) the tenant is a body that the member, or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners is a partner of or a director* of or has a beneficial interest in the securities* of.

Securities

Any beneficial interest held by the member or by his/her spouse or civil partner or by the person with whom the member is living as if they were spouses/civil partners in securities* of a body where-

 

(a) that body (to the member's knowledge) has a place of business or land in the area of the Council; and

 

(b) either-

 

(i) the total nominal value of the securities* exceeds £25,000 or one hundredth of the total issued share capital of that body; or

 

(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the member, or his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

*'director' includes a member of the committee of management of an industrial and provident society.

*'securities' means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

Appendix B

    An interest which relates to or is likely to affect:

     

  1. any body of which the member is in a position of general control or management and to which he/she is appointed or nominated by the Council;

 

  1. any body-

  1.  
    1. exercising functions of a public nature;

    2. directed to charitable purposes; or

    3. one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union)

of which the member of the Council is a member or in a position of general control or management;

 

  1. any gifts or hospitality worth more than an estimated value of £50 which the member has received by virtue of his or her office.

 

 

NALC 2012