Code of Conduct | hurworth-online

Introduction

Pursuant to section 27 of the Localism Act 2011, Hurworth 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.

This Code applies whenever members conduct the business of the Council, including when acting in their official capacity, 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 following principles: 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 an elected member of the Council but who is:

a member of any committee or sub-committee of the Council, or
a member of, and representative on, any joint committee or joint sub-committee of the Council,

and who is entitled to vote on any matter to be decided at a meeting of that body.

A meeting means any meeting of the Council, its committees, sub-committees, joint committees, or joint sub-committees.

Unless otherwise stated, references to a member of the Council include co-opted members.

Member Obligations

When acting, claiming to act, or giving the impression of acting as a representative of the Council, a member shall:

Behave in a manner that a reasonable person would regard as respectful.
Not act in a way that a reasonable person would regard as bullying or intimidatory.
Not seek to improperly confer an advantage or disadvantage on any person.
Use the resources of the Council in accordance with its requirements.
Not disclose confidential information or information where disclosure is prohibited by law.
Declare any interest at a meeting, even where that interest already appears on the Register of Interests, to ensure fellow members, the press, and the public are aware of it when relevant matters are discussed.

Registration of Interests

Within 28 days of this Code being adopted by the Council, or of election or appointment (whichever is later), a member must register with the Monitoring Officer all interests falling within the categories set out in Appendices A and B.

Upon re-election or re-appointment, members must re-register their interests within 28 days.

Members must notify the Monitoring Officer within 28 days of becoming aware of any change to their registered interests.

A member need only disclose the existence, but not the details, of any interest agreed by the Monitoring Officer to be a sensitive interest. A sensitive interest is one which, if publicly disclosed, could lead to the member or a connected person being subjected to violence or intimidation.

Declaration of Interests at Meetings

Where a matter arises at a meeting that relates to an interest listed in Appendix A, the member must not participate in the discussion or vote on the matter. The interest must be declared if it is not already registered or notified to the Monitoring Officer.

Where the interest is a sensitive interest under Appendix A, the member must not participate or vote and must declare that an interest exists, without disclosing its nature.

Where a matter relates to an interest listed in Appendix B, the member must not vote on the matter. The member may speak only if members of the public are also permitted to speak.

An Appendix B interest need only be declared if it is not already registered, has not been notified to the Monitoring Officer, or if the member speaks on the matter. If the interest is sensitive, only the existence of the interest must be declared.

Where a matter relates to a financial interest of a friend, relative, or close associate (other than an Appendix A interest), the member must disclose the nature of the interest and must not vote. The member may speak only if the public is permitted to do so. For sensitive interests, only the existence of the interest must be declared.

Prejudicial Interests

A member does not have a prejudicial interest where the business:

Does not affect the member’s financial position or that of a person or body described above;
Does not relate to the determination of any approval, consent, licence, permission, or registration in relation to the member or a connected person;
Relates to functions of the authority concerning:
- Statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992;
- Allowances, payments, or indemnities given to members;
- Ceremonial honours given to members;
- Setting council tax or a precept under the Local Government Finance Act 1992.

Dispensations

Upon written request to the Council’s Proper Officer, the Council may grant a dispensation allowing a member to participate and vote, even where an interest exists under Appendices A or B, if the Council considers that:

The number of members otherwise prohibited would impede the transaction of business;
Granting the dispensation is in the interests of the inhabitants of the parish; or
It is otherwise appropriate to grant a dispensation.

Appendix A – Disclosable Pecuniary Interests

The following interests must be registered:

Employment

Any employment, office, trade, profession, or vocation carried on for profit or gain by the member or their spouse, civil partner, or person living with them as such.

Sponsorship

Any payment or financial benefit received in the previous 12 months (other than from the Council) relating to expenses or election costs, including support from trade unions.

Contracts

Any contract between the Council and the member (or a connected person or body) for goods, services, or works which has not been fully discharged.

Land

Any beneficial interest in land within the Council’s area held by the member or a connected person, excluding rights that do not permit occupation or income.

Licences

Any licence to occupy land in the Council’s area for a period of one month or longer.

Corporate Tenancies

Any tenancy where the landlord is the Council and the tenant is a body in which the member or a connected person has a controlling interest.

Securities

Any beneficial interest in securities of a body with a place of business or land in the Council’s area where specified financial thresholds are exceeded.

Appendix B – Other Registerable Interests

Any interest relating to:

A body to which the member is appointed or nominated by the Council;
A body exercising public functions, directed to charitable purposes, or influencing public opinion or policy (including political parties or trade unions);
Any gift or hospitality worth more than £50 received by virtue of office.