CODE of CONDUCT

Hurworth Parish Council             30^th June 2015

Hurworth Parish Council has adopted the NALC Code of Conduct, as stated in their final version dated August 2012

Introduction

Pursuant to section 27 of the Localism Act 2011, X [Parish/Town/Village/ Community/Neighbourhood] 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.

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.

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.
6. He/She will be required to declare an interest at the meeting, even though that interest may already appear on their Register of Interests This is to make fellow-members, the press and the public aware of a member's interest, if that member does not articulate it when the PC are discussing a relevant matter which affects that interest.

Registration of interests

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.

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.

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.

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

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.

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.

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.

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.

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

(1) You do not have a prejudicial interest in any business of the authority where that business—

1. does not affect your financial position or the financial position of a person or body described in paragraph 8;
2. does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or
3. relates to the functions of your authority in respect of—
9. this sub-paragraph does not apply to your authority;
217. this sub-paragraph does not apply to your authority;
5625. statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
230. an allowance, payment or indemnity given to members;
22. any ceremonial honour given to members; and
555. setting council tax or a precept under the Local Government Finance Act 1992.

Dispensations

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.

Appendix A

Interests described in the table below.

*’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.

Appendix B

An interest which relates to or is likely to affect:

1. 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;
2. any body—
   1. exercising functions of a public nature;
   2. directed to charitable purposes; or
   3. 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;

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

ã NALC 2012

Contact:Hurworth Parish Council Parish Clerk RFO

Email: enquiries@hurworthparishcouncil.co.uk

Telephone: 01235 722171

Address: Hurworth Parish Council, Hurworth Grange, Hurworth, Darlington DL2 2BN