(b) Smoking is not permitted at any meeting of the Council.
CHAIRMAN OF MEETING
PROPER OFFICER
QUORUM
VOTING
RESOLUTIONS MOVED ON NOTICE
RESOLUTIONS MOVED WITHOUT NOTICE
QUESTIONS
RULES OF DEBATE
CLOSURE
DISORDERLY CONDUCT
RIGHT OF REPLY
ALTERATION OF RESOLUTION
RECISSION OF PREVIOUS RESOLUTION
VOTING ON APPOINTMENTS
DISCUSSIONS AND RESOLUTIONS AFFECTING EMPLOYEES OF THE COUNCIL
RESOLUTIONS OF EXPENDITURE
EXPENDITURE
SEALING OF DOCUMENTS
COMMITTEES AND SUB-COMMITTEES
VOTING IN COMMITTEES
PRESENCE OF NON-MEMBERS OF COMMITTEES AT COMMITTEE MEETINGS
INTERESTS
CANVASSING OF AND RECOMMENDATIONS BY MEMBERS
INSPECTION OF DOCUMENTS
UNAUTHORISED ACTIVITIES
ADMISSION OF THE PUBLIC AND PRESS TO MEETINGS
CONFIDENTIAL BUSINESS
LIAISON WITH COUNTY AND DISTRICT COUNCILLORS
PLANNING APPLICATIONS
PLANNING COMMITTEE
CODE OF CONDUCT ON COMPLAINTS
VARIATION, REVOCATION AND SUSPENSION OF STANDING ORDERS
COUNCILLOR'S CODE OF CONDUCT
STANDING ORDERS TO BE GIVEN TO MEMBERS FINANCIAL REGULATIONS Statutory Instrument 2001 No. 3576 (a) sections 94 to 98 and 105 of the Local Government Act 1972[7]; (2) Section 16(1) of the Interpretation Act 1978[12]
shall apply to a disapplication under paragraph (1) above as if it were
a repeal, by an Act, of an enactment. Article 2
and references to a member's official capacity shall be construed accordingly. (4) In this code - 2. A member must - 3. A member must not - 4. A member must not in his official
capacity, or any other circumstance, conduct himself in a manner which
could reasonably be regarded as bringing his office or authority into
disrepute. 6. A member must, if he becomes aware
of any conduct by another member which he reasonably believes involves
a failure to comply with the authority's code of conduct, make a written
allegation to that effect to the Standards Board for England as soon as
it is practicable for him to do so. (2) In this paragraph - 8. A member with a personal interest
in a matter who attends a meeting of the authority at which the matter
is considered must disclose to that meeting the existence and nature of
that interest at the commencement of that consideration, or when the interest
becomes apparent. 10. A member with a prejudicial interest
in any matter must - 11. For the purposes of this Part, "meeting"
means any meeting of - 13. Within 28 days of the provisions
of the authority's code of conduct being adopted or applied to that authority
or within 28 days of his election or appointment to office (if that is
later), a member must register his other interests in the authority's
register maintained under section 81(1) of the Local Government Act 2000
by providing written notification to the monitoring officer of the responsible
authority of his membership of or position of general control or management
in any - 14. A member must within 28 days of becoming
aware of any change to the interests specified under paragraphs 12 and
13 above, provide written notification to the monitoring officer of the
responsible authority of that change. [2] See the Relevant Authorities
(General Principles) Order 2001 (S.I. 2001/1401).
[3] See section 50(2) of the Local
Government Act 2000 for the power of the National Assembly for Wales to
issue a model code as regards the conduct which is expected of members
and co-opted members of relevant authorities in Wales (including Welsh
community councils) other than police authorities.
[4] See section 49(7) of the Local
Government Act 2000 for the definition of "co-opted member". Under section
83(3) and (4) of that Act, references to a member of a relevant authority
include references to an elected mayor, an elected executive member, the
Mayor of London and a member of the London Assembly.
[5] See sections 50 and 51 of the
Local Government Act 2000 for the effect of a mandatory provision.
[6] See section 51(2) and (5) of
the Local Government Act 2000 for the requirements for authorities to
adopt a code of conduct and for provision applying the mandatory provisions
of this Order.
[7] 1972 c. 70. Section 94 is amended by
sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); section
103 of and paragraph 21 of Schedule 7 to the Police Act 1996 (c. 16);
section 88 of and paragraph 1 of Schedule 6 to the Police Act 1997 (c.
50); sections 128(1) and 137 of, paragraphs 22 and 23 of Schedule 6 to
and Part V of Schedule 7 to the Criminal Justice and Police Act 2001 (c.16);
and paragraph 22 of Schedule 11 to the Local Government and Housing Act
1989 c. 42. Section 97 is amended by section 194 of and paragraph 23 of
Schedule 11 to the Local Government and Housing Act 1989 and section 161
of and paragraph 5 of Schedule 11 to the Transport Act 2000 c. 38. Section
98 is amended by section 212(2) of and paragraph 8 of Schedule 16 to the
Financial Services Act 1986 (c. 60); section 84 of and paragraph 13 of
Schedule 14 to the Local Government Act 1985 (c. 51); sections 325 and
328 of, paragraph 25 of Schedule 27 to and Part I of Schedule 29 to the
Greater London Authority Act 1999 (c. 29); section 43 of and paragraph
7 of Schedule 4 to the Police and Magistrates' Court Act 1994 (c. 29);
section 103 of and paragraph 1(2)(h) of Schedule 7 to the Police Act 1996;
section 88 of and paragraph 2 of Schedule 6 to the Police Act 1997; section
237 of and Schedule 13 to the Education Reform Act 1988 (c. 40); and sections
128(1), 137 of, paragraphs 22 and 24 of Schedule 6 to and Part V of Schedule
7 to the Criminal Justice and Police Act 2001. Under section 107 of, paragraph
12 of Schedule 5 to and Schedule 6 to the Local Government Act 2000, sections
94 to 98 and 105 of the 1972 Act are to be repealed at a date to be appointed.
[8] See The Local Elections (Parishes
and Communities) (Declaration of Acceptance of Office) Order 1990 (S.I.
1990/2477).
[9] 1989 c. 42. Under section 107 of, paragraph
25 and 26 of Schedule 5 to and Schedule 6 to the Local Government Act
2000, these provisions are to be repealed at a date to be appointed.
[10] 1998 c. 18. Section 17 was amended
by paragraphs 1, 6(1) and (2)(a) of Schedule 8 to and section 133 of the
Greater London Authority Act 1999 and by Schedule 7 to and section 137
of the Criminal Justice and Police Act 2001. The provisions disapplied
are to be repealed under section 90(2) of the Local Government Act 2000
at a date to be appointed.
[11] Section 18 was amended by paragraph
7 of Schedule 8 to the Greater London Authority Act 1999. This provision
is to be repealed under section 90(3) of the Local Government Act 2000,
at a date to be appointed.
[12] 1978 c. 30.
[13] See section 49(6) of the Local
Government Act 2000 for the definition of "relevant authority".
[14] 1992 c. 4. Part XI has been amended.
[15] 1972 c. 70. Sections 173 to 176 were
amended by section 194 of and paragraphs 26 and 27 of Schedule 11 to the
Local Government and Housing Act 1989; section 7 of the Miscellaneous
Financial Provisions Act 1983 (c. 29); sections 25 and 194 of and Schedule
34 to the Local Government, Planning and Land Act 1980 (c. 65); section
11(3) of and Schedule V to the Water Act 1983; section 328 of and paragraph
18 and 19 of Schedule 29 to the Greater London Authority Act 1999; section
84 of and paragraph 18 of Schedule 14 to the Local Government Act 1985
and section 237 of and Schedule 13 to the Education Reform Act 1988. Section
173A was inserted by section 24(2) of the Local Government, Planning and
Land Act 1980.
[16] 1989 c. 42. Section 18 was amended
by section 99 of the Local Government Act 2000; section 43 of and paragraph
37 to Schedule 4 of the Police and Magistrates' Court Act 1994 and section
582(1) of and paragraph 97 of Schedule 37 to the Education Act 1996.
[17] Under section 81(5) of the Local Government
Act 2000, the Secretary of State may prescribe in regulations the circumstances
in which standards committees may grant dispensations.
[18] See section 55(1) and (2) of
the Local Government Act 2000 for provision requiring standards committees
of responsible authorities to have the same functions for parishes as
they have under section 54(1) and (2).
[19] See section 83(12) of the Local
Government Act 2000 for the requirement that the functions exercisable
by a monitoring officer of a relevant authority which is a parish council
are to be exercisable by the monitoring officer of the responsible authority.
[20] See the Industrial and Provident
Society Acts 1965 to 1978 for the requirements for registration of industrial
and provident societies.
[21] See section 1 of the Trade Union
and Labour Relations (Consolidation) Act 1992 c. 52 for the definition
of a trade union.
This code governs the conduct of Councillors, not the Council, it is not retrospective, that is, it is not applicable to any event before it was adopted. The code is at the end of these standing orders
LOCAL GOVERNMENT, ENGLAND
Made
5th November 2001
Laid before Parliament
6th November 2001
Coming into force
27th November 2001
The Secretary of State for Transport, Local Government and the Regions,
in exercise of the powers conferred upon him by sections 50(1) and (4),
81(2) and (3), and 105(2), (3) and (4) of the Local Government Act 2000[1],
and of all other powers enabling him in that behalf, having carried out
such consultation as is required by virtue of section 49 of that Act, and
being satisfied that this Order is consistent with the principles for the
time being specified in an order[2] under section
49(1) of that Act, hereby makes the following Order:
Citation, commencement and application
1. - (1) This Order may be cited
as the Parish Councils (Model Code of Conduct) Order 2001 and shall come
into force on 27th November 2001.
(2) This Order applies in relation to parish councils[3],
and references to "authority" shall be construed accordingly.
Model code of conduct - parish councils
2. - (1) The Secretary of State
hereby issues a model code as regards the conduct which is expected of members
and co-opted members[4] of authorities and
that code is set out in the Schedule to this Order.
(2) All the provisions of the model code in the
Schedule to this Order are mandatory[5].
Transitional provision
3. - (1) On the day an authority's
code of conduct is adopted or applied[6] to
it, the following shall, where applicable to the authority, be disapplied
as respects that authority until 27th July 2002 -
(b) any order made under section 83 of the Local Government Act 1972[8];
(c) any regulations made or code issued under sections 19 and 31 of
the Local Government and Housing Act 1989[9];
(d) in section 17 of the Audit Commission Act 1998, subsections (1)(b),
(3), (5)(b), (7) and (8) and in subsection (2), the words "subject
to subsection (3)" and paragraphs (a) and (b)[10];
(e) section 18 of the Audit Commission Act 1998[11];
Signed by authority of the Secretary of State for Transport, Local Government
and the Regions
Nick Raynsford
Minister of State Department for Transport, Local Government and the Regions
5th November 2001
1. - (1) A member must observe
the authority's code of conduct whenever he -
(a) conducts the business of the authority;
(b) conducts the business of the office to which he has been elected or
appointed; or
(c) acts as a representative of the authority,
(2) An authority's code of conduct shall not,
apart from paragraphs 4 and 5(a) below, have effect in relation to the
activities of a member undertaken other than in an official capacity.
(3) Where a member acts as a representative of
the authority -
(a) on another relevant authority[13], he
must, when acting for that other authority, comply with that other authority's
code of conduct; or
(b) on any other body, he must, when acting for that other body, comply
with the authority's code of conduct, except and insofar as it conflicts
with any other lawful obligations to which that other body may be subject.
(a) "member" includes a co-opted member of an authority; and
(b) "responsible authority" means a district council or a unitary county
council which has functions in relation to the parish councils for which
it is responsible under section 55(12) of the Local Government Act 2000.
(a) promote equality by not discriminating unlawfully against any person;
(b) treat others with respect; and
(c) not do anything which compromises or which is likely to compromise
the impartiality of those who work for, or on behalf of, the authority.
(a) disclose information given to him in confidence by anyone, or information
acquired which he believes is of a confidential nature, without the consent
of a person authorised to give it, or unless he is required by law to
do so; nor
(b) prevent another person from gaining access to information to which
that person is entitled by law.
5. A member -
(a) must not in his official capacity, or any other circumstance, use
his position as a member improperly to confer on or secure for himself
or any other person, an advantage or disadvantage; and
(b) must, when using or authorising the use by others of the resources
of the authority -
(i) act in accordance with the authority's requirements; and
(ii) ensure that such resources are not used for political purposes
unless that use could reasonably be regarded as likely to facilitate,
or be conductive to, the discharge of the functions of the authority
or of the office to which the member has been elected or appointed.
7. - (1) A member must regard
himself as having a personal interest in any matter if the matter relates
to an interest in respect of which notification must be given under paragraphs
12 and 13 below, or if a decision upon it might reasonably be regarded
as affecting to a greater extent than other council tax payers, ratepayers,
or inhabitants of the authority's area, the well-being or financial position
of himself, a relative or a friend or -
(a) any employment or business carried on by such persons;
(b) any person who employs or has appointed such persons, any firm in
which they are a partner, or any company of which they are directors;
(c) any corporate body in which such persons have a beneficial interest
in a class of securities exceeding the nominal value of £5,000; or
(d) any body listed in sub-paragraphs (a) to (e) of paragraph 13 below
in which such persons hold a position of general control or management.
(a) "relative" means a spouse, partner, parent, parent-in-law, son, daughter,
step-son, step-daughter, child of a partner, brother, sister, grandparent,
grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any
of the preceding persons; and
(b) "partner" in sub-paragraph (2)(a) above means a member of a couple
who live together.
9. - (1) Subject to sub-paragraph
(2) below, a member with a personal interest in a matter also has a prejudicial
interest in that matter if 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 the member's judgement of the public interest.
(2) A member may regard himself as not having
a prejudicial interest in a matter if that matter relates to -
(a) another relevant authority of which he is a member;
(b) another public authority in which he holds a position of general control
or management;
(c) a body to which he has been appointed or nominated by the authority
as its representative;
(d) any functions of the authority in respect of statutory sick pay under
Part XI of the Social Security Contributions and Benefits Act 1992[14],
where the member is in receipt of, or is entitled to the receipt of such
pay from a relevant authority; and
(e) any functions of the authority in respect of an allowance or payment
made under sections 173 to 173A and 175 to 176 of the Local Government
Act 1972[15]or section 18 of the Local Government
and Housing Act 1989[16].
(a) withdraw from the room or chamber where a meeting is being held whenever
it becomes apparent that the matter is being considered at that meeting,
unless he has obtained a dispensation[17]from
the standards committee of the responsible authority[18];
and
(b) not seek improperly to influence a decision about that matter.
(a) the authority; or
(b) any of the authority's committees, sub-committees, joint committees
or joint sub-committees.
12. Within 28 days of the provisions of
an authority's code of conduct being adopted or applied to that authority
or within 28 days of his election or appointment to office (if that is
later), a member must register his financial interests in the authority's
register maintained under section 81(1) of the Local Government Act 2000
by providing written notification to the monitoring officer of the responsible
authority[19] of -
(a) any employment or business carried on by him;
(b) the name of the person who employs or has appointed him, the name
of any firm in which he is a partner, and the name of any company for
which he is a remunerated director;
(c) the name of any person, other than a relevant authority, who has made
a payment to him in respect of his election or any expenses incurred by
him in carrying out his duties;
(d) the name of any corporate body which has a place of business or land
in the authority's area, and in which the member has a beneficial interest
in a class of securities of that body that exceeds the nominal value of
£25,000 or one hundredth of the total issued share capital of that body;
(e) a description of any contract for goods, services or works made between
the authority and himself or a firm in which he is a partner, a company
of which he is a remunerated director, or a body of the description specified
in sub-paragraph (d) above;
(f) the address or other description (sufficient to identify the location)
of any land in which he has a beneficial interest and which is in the
area of the authority;
(g) the address or other description (sufficient to identify the location)
of any land where the landlord is the authority and the tenant is a firm
in which he is a partner, a company of which he is a remunerated director,
or a body of the description specified in sub-paragraph (d) above; and
(h) the address or other description (sufficient to identify the location)
of any land in the authority's area in which he has a licence (alone or
jointly with others) to occupy for 28 days or longer.
(a) body to which he has been appointed or nominated by the authority
as its representative;
(b) public authority or body exercising functions of a public nature;
(c) company, industrial and provident society[20],
charity, or body directed to charitable purposes;
(d) body whose principal purposes include the influence of public opinion
or policy; and
(e) trade union[21]or professional association.
15. A member must within 28 days of receiving
any gift or hospitality over the value of £25, provide written notification
to the monitoring officer of the responsible authority of the existence
and nature of that gift or hospitality.
The Register of Members' Interests will be available for inspection at Thirsk Town Council office during its published opening times.
(This note is not part of the Order)
The Order contains a model code of conduct as regards the conduct which
is expected of members and co-opted members of parish councils. Under section
51 of the Local Government Act 2000, each authority must adopt a code of
conduct applying to its members which must incorporate any mandatory provisions
of the model code. Under section 51(5) of that Act, where an authority does
not adopt such a code within six months of the Order coming into force,
the mandatory provisions of the model code will apply to the members of
the authority until it does.
Article 1 provides that this Order applies only to parish councils.
Article 2 provides that a model code for parish councils is set out
in the Schedule to the Order, and states that all of its provisions are
mandatory.
Article 3 makes transitional provision for eight months following
the coming into force of the Order to disapply existing statutory provisions
relating to the National Code of Local Government Conduct, members' interests,
surcharge and declarations of office.
In the Schedule to the Order, paragraph 1 of the model code provides
that the code applies whenever a member is acting in his official capacity,
and that it does not apply in other circumstances unless otherwise indicated.
Additionally, where a member is acting as a representative of his authority,
he must continue to observe the authority's code, unless he is subject to
another relevant authority's code, or unless (in relation to any other body)
it conflicts with any other legal obligations.
Paragraph 2 provides that members must promote equality, treat others
with respect and not do anything which compromises the impartiality of those
who work for the authority.
Paragraph 3 provides that members must not without consent disclose
confidential information they have acquired and must not prevent others
from gaining access to information to which they are entitled.
Paragraph 4 provides that in a member's official capacity and in
other circumstances, a member must not conduct himself in a manner which
could bring his authority into disrepute.
Paragraph 5 provides that a member must not in his official capacity
or in other circumstances use his position improperly to gain an advantage
or confer a disadvantage and that when using or authorising the use of the
authority's resources, he must act in accordance with the authority's requirements
and must not permit those resources to be used for political purposes.
Paragraph 6 provides that a member must make a written allegation
of misconduct to the Standards Board for England if he becomes aware of
conduct by another member involving failure to comply with the authority's
code of conduct.
Paragraph 7 provides that a member has a personal interest in a matter
which has been registered or where a decision upon a matter could reasonably
be regarded as affecting the well-being or financial position of those persons
described in the paragraph.
Paragraph 8 provides that a member with a personal interest in a
matter must disclose that interest at any meeting at which the matter is
considered.
Paragraph 9 provides that a member with a personal interest also
has a prejudicial interest if the interest could be regarded by a member
of the public as so significant that it is likely to prejudice his judgement
of the public interest. The paragraph provides that in the circumstances
specified a member may regard himself as not having a prejudicial interest.
Paragraph 10 provides that a member with a prejudicial interest must,
unless he has obtained a dispensation, withdraw from any meetings at which
the matter is being considered, and must not improperly influence decisions
in relation to the matter.
Paragraph 11 defines "meeting" for the purposes of Part 3.
Paragraph 12 provides that a member must notify the responsible authority's
monitoring officer of the financial interests specified in the paragraph
and paragraph 13 provides that he must notify the responsible authority's
monitoring officer of the other interests specified in the paragraph. Any
change to those interests must also be notified under paragraph 14.
Paragraph 15 provides that a member must notify the responsible authority's
monitoring officer of any gift or hospitality he receives which may be over
the value of £25.
Notes:
[1] 2000 c. 22.
© Crown Copyright 2001