Ilam Parish Council Code of Conduct
● Shall behave in such a way that a reasonable person would regard as respectful.
● Shall not act in a way which a reasonable person would regard as bullying or intimidatory.
● Shall not seek to improperly confer an advantage or disadvantage on any person.
● Shall use the resources of the Council in accordance with its requirements.
● Shall not disclose information which is confidential or where disclosure is prohibited by law.
● 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 SMDC any interests in Appendices A and B.
● A member shall register with SMDC any change to interests or new interests in Appendices A and B within 28 days of becoming aware of it.
● 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, the member shall disclose he/she has an interest but not the nature of it.
● 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.
● 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 Clerk of it or if he/she speaks on the matter. If he/she holds an interest in Appendix B which is a sensitive interest not already disclosed, he/she shall declare the interest but not the nature of the interest.
● Where a matter arises at a meeting which relates to a financial interest of a friend, relative or close associate (other than an interest 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.
APPENDIX A
Interests defined by regulations made under section 30(3) of the Localism Act 2011 and 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. |
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 between his/her spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners (or a body in which such a person is a partner in a firm, a director of an incorporated body or holds the beneficial interest in securities*) 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 which is within the area of the Council. |
Licences |
Any licence (alone or jointly with others) to occupy land in the area of the relevant authority 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 in which the member, or his/her spouse or civil partner/ the person with whom the member is living as if they were spouses/civil partners has a beneficial interest. |
Securities |
Any beneficial interest 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: ● the total nominal value of the securities* exceeds £25,000 or one hundredth of the total issued share capital of that body; or ● 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 relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class. |
*‘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:
a) 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.
b) any body of which the member of the Council is a member or in a position of general control or management that—
● exercises functions of a public nature;
● is directed to charitable purposes; or
● has principal purposes that include the influence of public opinion or policy (including any political party or trade union).
c) any gifts or hospitality worth more than an estimated value of £50 which the member has received by virtue of his or her office.