Code of Conduct

RISELEY PARISH COUNCIL – CODE OF CONDUCT 

Introduction 

Pursuant to section 27 of the Localism Act 2011, Riseley 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 (see Appendix C) 

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 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 committees 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.

Page 1 of 7 

Reviewed and adopted on 19 December 2019 

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 

  1. 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. 
  2. 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.  
  3. 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.

Reviewed and adopted on 19 December 2019 

  1. 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 

  1. 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. 
  2. 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.  
  3. 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. 
  4. 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  if 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. 
  5. 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 

Reviewed and adopted on 19 December 2019 

the meeting. If it is a ‘sensitive interest’ the member shall declare the interest but not  the nature of the interest. 

Dispensations 

  1. 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 member to take part or it is otherwise appropriate to  grant a dispensation.

Reviewed and adopted on 19 December 2019 

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.

Reviewed and adopted on 19 December 2019 

Appendix B  

An interest which relates to or is likely to affect: 

(i) 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; 

(ii) any body— 

(a) exercising functions of a public nature; 

(b) directed to charitable purposes; or 

(c) 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; 

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

Reviewed and adopted on 19 December 2019 

Appendix C 

THE NOLAN PRINCIPLES 

  1. Selflessness 

Holders of public office should act solely in terms of the public interest. 

  1. Integrity 

Holders of public office must avoid placing themselves under any obligation to  people or organisations that might try inappropriately to influence them in their  work. They should not act or take decisions in order to gain financial or other  material benefits for themselves, their family, or their friends. They must declare  and resolve any interests and relationships. 

  1. Objectivity 

Holders of public office must act and take decisions impartially, fairly and on merit,  using the best evidence and without discrimination or bias. 

  1. Accountability 

Holders of public office are accountable to the public for their decisions and  actions and must submit themselves to the scrutiny necessary to ensure this. 

  1. Openness 

Holders of public office should act and take decisions in an open and transparent  manner. Information should not be withheld from the public unless there are clear  and lawful reasons for so doing. 

  1. Honesty 

Holders of public office should be truthful. 

  1. Leadership 

Holders of public office should exhibit these principles in their own behaviour. They  should actively promote and robustly support the principles and be willing to  challenge poor behaviour wherever it occurs.

Reviewed and adopted on 19 December 2019 

Scroll to Top