Registration and disclosure of outside interests for Elected Members
5.1 In accordance with Chapter 7 of the Localism Act, 2011, the Council has adopted a Code of Conduct for Elected Members. The Code of Conduct for Elected Members is set out in full in the Council’s Constitution (Part 5). The provisions of the Code will continue to apply to Elected Members in respect of their appointments to outside bodies. In addition through an appointment to another public body, an Elected Member will also need to adhere to that authority’s Code of Conduct.
Registration of Interests
5.2 The Code of Conduct for Elected Members requires every Elected Member to notify the Monitoring Officer of any disclosable pecuniary or other interest which he/she holds, within 28 days of election or appointment. In addition, the Elected Member must notify the Monitoring Officer of any change in his/her registerable interests within 28 days of becoming aware of that change.
Disclosure of Interests
5.3 There are a number of rules which Elected Members must be aware of, which may limit the extent to which they are able to take part in debates or votes on issues. These rules extend to matters involving outside bodies. The rules require that, in certain situations, Elected Members should disclose the fact that they have an interest in the matter under discussion. They may also be required not to take part in any debate or discussion on the matter, and may have to leave the meeting during the item.
Registerable Personal Interests
5.4 An Elected Member appointed to an outside body will have a registerable personal interest in that body and the interest, therefore, must be registered in the Register of Elected Member’s Interests. See the Elected Members Code of Conduct, in Part 5 of the Constitution for the definition of a registerable personal interest.
Non Registerable Personal Interests
5.5 Elected Members will have a non-registerable personal interest when they attend a meeting of the Council, or one of their committees or sub-committees, and they are, or ought reasonably to be, aware that a decision in relation to an item of business which is to be transacted might reasonably be regarded as affecting their well being or financial position, or the well being or financial position of a person, as described below, to a greater extent than most inhabitants of the area affected by the decision.
The persons referred to above are:
- a) a member of their family;
- b) any person with whom they have a close association;
- c)in relation to persons described in (a) and (b), their employer, any firm in which they are a partner, or company of which they are a director or shareholder.
5.6 When a Member attends a meeting of the Council or one of their committees or subcommittees and they are aware that they have a non-registerable interest in an item of business they must disclose that interest to the meeting before consideration of that item begins or (if later) when they become aware of the interest.
Non-participation in Authority Business
5.7 When a Member attends a meeting of the Council, or one of their committees or subcommittees, and they are aware that the criteria set out are satisfied in relation to any matter to be considered, or being considered at that meeting, they must:
- a) Declare that fact to the meeting;
- b) Not participate (or further participate) in any discussion of the matter at the meeting;
- c) Not participate in any vote (or further vote) taken on the matter at the meeting; and
- d) Leave the room whilst the matter is being discussed.
5.8 The criteria for the purposes of the above are that:
- a) they have a registerable or non-registerable personal interest in the matter which is such that a member of the public knowing the relevant facts would reasonably think it so significant that it is likely to prejudice their judgement of the public interest; and either
- i) The matter will affect the financial position of themselves or one of the persons or bodies referred to under paragraph Non Registerable Personal Interests above or in any of their register entries; or
- ii) The matter concerns a request for any permission, licence, consent or registration sought by themselves or any of the persons referred to under paragraph Non Registerable Personal Interests above or in any of their register entries.
Bias/Prejudice
5.9 Where there is no prejudicial interest in a matter, a Member’s duties as a director or trustee or a member of a management committee may still mean that he/she should not participate in a decision because of a legitimate fear of lack of impartiality, or bias, which could potentially invalidate the decision.
5.10 Bias will not be assumed by mere membership of an outside body. However, where the outside body has a line which is being advocated by the Member, it is likely that the Court would find bias on that issue and therefore the Member should not take part in a discussion or decision at a Council meeting on that issue. In such circumstances, it would be appropriate to seek advice from the Council’s Monitoring Officer.