Code of Conduct
Adopted December 2022
Contents
1 Introduction
2 Your Obligations
3 Registration of Interests
4 Declarations at Meetings
5 Gifts and Hospitality
6 Dispensations
Appendix A
Appendix B
Appendix
1 INTRODUCTION
1:1 In accordance with Section 27 of the Localism Act 2011, Wyberton Parish Council has adopted this Code to promote and maintain high standards of behaviour by its 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.
1:2 It is your responsibility to comply with the provisions of this code when acting in your capacity as an elected Member, co-opted Member or appointed Member. The Council is under a duty to promote and maintain high standards of conduct by Members and you should remember that you are a representative of the Council and the public will view you as such. Your actions can impact on how the Council is viewed.
1:3 This Code is based on the principles of selflessness, integrity, objectivity, accountability, openness, honesty, and leadership which you must uphold.
2 YOUR OBLIGATIONS
2:1 When acting, claiming to act or giving the impression of acting as a representative of the Council, Members will:-
a) Behave in such a way that a reasonable person would regard as respectful.
b) Use the resources of the Council in accordance with its requirements.
c) Comply with any formal standards investigation.
2:2 Members will not:-
a) Behave in such a way that a reasonable person would regard as bullying or intimidatory. Examples of bullying and harassment are given at Appendix C.
b) Seek to improperly confer an advantage or disadvantage on any person.
c) Disclose information which is confidential or where disclosure is prohibited by law nor prevent another person from gaining access to information to which that person is entitled by law.
d) Do anything which compromises or is intended to compromise the impartiality of those who work for, or on behalf of, the Council.
e) Place yourself under any financial obligation to any person or organisation which might attempt to influence you.
f) Bring the Council or the role of Member into disrepute.
3 REGISTRATION OF INTERESTS
3:1 Within 28 days of your election or co-option as a Member, you must register with the Clerk as Proper Officer the interests which fall within the categories set out in Appendices A and B.
3:2 Upon your re-election as a Member or your re-appointment as a co-opted Member, you must within 28 days re-register with the Clerk any interests in Appendices A and B.
3:3 You must register with the Clerk any change to interests or new interests in Appendices A and B within 28 days of becoming aware of it.
3:4 A sensitive interest is one which, if disclosed on a public register, could lead you or a person connected with you to be subject to violence or intimidation. You need only declare the existence but not the details of any interest which the Clerk agrees is a ‘sensitive interest’.
4 DECLARATIONS AT MEETINGS
4:1 Where a matter arises at a meeting which relates to an interest in Appendix A you must not participate in a discussion or vote on the matter and must not remain in the room unless granted a dispensation.
Where a matter arises at a meeting which relates to an interest in Appendix A which is a sensitive interest, you will not participate in a discussion or vote on the matter. If it is a sensitive interest which has not already been disclosed to the Clerk, you must disclose that you have an interest but not necessarily the nature of it.
4:2 Where a matter arises at a meeting which relates to an interest in Appendix B, you must not vote on the matter unless you have been granted dispensation. You may speak on the matter only if members of the public are also allowed to speak at the meeting.
4:3 You only have to declare an interest in Appendix B if it is not already entered in your register of interests or you have not notified the Clerk of it or if you speak on the matter. If you hold an interest in Appendix B which is a sensitive interest not already disclosed to the Clerk, you must declare the interest but not necessarily the nature of the interest.
4:4 Where a matter arises at a meeting which relates to a financial interest of a friend, relative or close associate (other than an interest in Appendix A), you must disclose the nature of the interest and not vote on the matter. You may speak on the matter only if members of the public are also allowed to speak at the meeting. If it is a ‘sensitive interest’ you must declare the interest but not necessarily the nature of the interest.
4:5 Where a matter affects the financial interest or well being to a greater extent than it affects the financial interests of the majority of inhabitants in the Council’s area affected by the decision and a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest you must not vote on the matter unless granted a dispensation. You may speak on the matter only if members of the public are also allowed to speak at the meeting.
5 GIFTS AND HOSPITALITY
5:1 The acceptance of gifts and hospitality by Members is not merely an administrative issue. It reflects directly on the perception of the probity of the Council
5:2 You must exercise caution in accepting any gifts or hospitality which are, or which you reasonably believe to be, offered to you because you are a Member.
5:3 You must register with the Clerk any gift or hospitality with an estimated value of at least £50 within 28 days of receipt.
6 DISPENSATIONS
6:1 On a written request made to the Clerk, the Council may grant you a dispensation to participate in a discussion and vote on a matter at a meeting even if you have 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 you to take part or it is otherwise appropriate to grant a dispensation.
APPENDIX A
Interests defined by regulations made under section 30(3) of the Localism Act 2011
| Subject | Description |
| Employment, office, trade, profession or vocation | Any employment, office, trade, profession or vocation carried on for profit or gain. |
| Sponsorship |
Any payment or provision of any other financial benefit (other than from the Council) for expenses incurred by him in carrying out his duties as a member, or towards his 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 between his spouse or civil partner or the person with whom the member is living as if they were spouses/civil partners (or a body in which such a person is a partner in a firm, a director of an incorporated body or holds the beneficial interest in securities) 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 which is within the area of the Council. |
| Licences | Any licence (alone or jointly with others) to occupy land in the area of the relevant authority 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 in which the member, or his spouse or civil partner/ the person with whom the member is living as if they were spouses/civil partners has a beneficial interest. |
| Securities |
Any beneficial interest 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 relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class. |
APPENDIX B
An interest which relates to or is likely to affect:
(i) any body of which you are in a position of general control or management and to which you are 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 you are 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.