Local Authorities (Model Code of Conduct) Order 2007 No
(Adopted by Council on 16th May 2007)
Introduction and interpretation
1. i) This Code applies to you as a member of an authority.
ii) You should read this Code together with the general principles prescribed by the Secretary of State (see annexure to this Code)
iii) It is your responsibility to comply with the provisions of this Code
iv) In this Code – "meeting" means any meeting of:-
a) the authority
b) any of the authority’s committees or sub-committees, joint committees or joint sub- committees;
"member" includes a co-opted member and an appointed member.
v) Reference to an authority’s monitoring officer and an
authority’s standards committee shall
2. i) Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you –
a) conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
b) act, claim to act or give the impression you are acting as a representative of your authority. and references to your official capacity are construed accordingly.
ii) Subject to sub-paragraphs (3) and (4), this Code does not have effect
in relation to your conduct other than where it is in your official
iv) Conduct to which this Code applies (whether this is conduct in your official capacity or conduct mentioned in sub-paragraph (3) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).
v) Where you act as a responsible of your authority –
a) on another relevant authority, you must, when acting for that other authority, comply with that other authority’s code of conduct; or;
b) on any other body, you must, when acting for that other body, comply with your authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.
3 i) You must treat others with respect.
ii) You must not –
a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006(a));
b) bully any person;
c) intimidate or attempt to intimidate any person who is or is likely to be
a witness, or
involved in the administration of any investigation or proceedings, in relation to an allegation that a member (including yourself) has failed to comply with his or her authority’s code of conduct; or
d) do anything which compromises or is likely to compromise the impartiality of those who work for or on behalf of your authority.
4. You must not –
a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where –
i) you have the consent to a person authorised to give it;
ii) you are required by law to do so;
iii) the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
iv) the disclosure is
aa) reasonable and in the public interest; and
bb) made in good faith and in compliance with the reasonable requirements of the authority; or
b) prevent another person from gaining access to information to which that person is entitled by law.
5. You must not conduct yourself in a manner which could reasonable be regarding as bring your office or authority into disrepute.
6. You -
i) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and
ii) must, when using or authorising the use by others of the resources of your authority
act in accordance with your authority's reasonable requirements; and
iii) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.
7. Paragraph 7 does not apply to this authority.
8. i) You have a personal interest in any business of your authority where either
a) it relates to or is likely to affect -
i)any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
ii) any body -
exercising functions of a public nature;
iii) any employment or business carried on by you;
b) a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of -
i) (in the case of authorities with electoral divisions or wards) other
council tax payers, ratepayers or inhabitants of the electoral division or
ward, as the case may be affected by the decision; or
2) In sub-paragraph (1) (b), a relevant person is
Disclosure of Personal Interests
9. (1) Subject to sub-paragraphs (2) to (5), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.
(2) Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.
(3) Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not discuss the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting.
(4) Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest
(5) When you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority's register of members' interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.
Prejudicial Interest Generally
10. (1) Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where 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 your judgement of the public interest.
(2) You do not have a prejudicial interest in any business of the authority where that business -
(a) does not affect your financial position or the financial position of
a person or body described in paragraph 8.
11. Paragraph 11 does not apply to your authority.
Effect of prejudicial interests on participation
12 (1) Subject to sub-paragraph (2), where you have a prejudicial
interest in any business of your authority -
(2) Where are have a prejudicial interest in any business of your authority, you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.#
Registration of Members' Interests
13. (1) Subject to paragraph 14, you must, within 28 days of -
register in your authority's register of members' interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a) by providing written notification to your authority's monitoring officer.
(2) Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority's monitoring officer.
14. (1) Where you consider that the information relating to any of your
personal interests is sensitive information, and your authority's monitoring
officer agrees, you need not include that information when registering that
interest, or, as the case may be, a change to that interest under paragraph
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