Guide Draft Councillor Code of Conduct

8. Appendix B - Registering and disclosing interests

Appendix B - Registering and disclosing interests

General:

1. Within 28 days of becoming a councillor or your re-election or re-appointment to office you must register with the Monitoring Officer the interests which fall within the categories set out in Table 1 (Disclosable Pecuniary Interests) which are as described in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012. You should also register details of your other personal interests which fall within the categories set out in Table 2 (Other Registrable Interests). A co-opted member who has no voting rights is not expected to complete a register of interest.
2. When completing the register of interests, councillors shall provide sufficient information to properly describe the land and also provide HMLR title numbers or field numbers to enable land to be identified.
3. You must ensure that your register of interests is kept up-to-date and within 28 days of becoming aware of any new interest, or of any change to a registered interest, notify the Monitoring Officer.
4. Where you have a ‘sensitive interest’ you must notify the Monitoring Officer with the reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees you can withhold the interest from the public register.

Non participation in case of Disclosable Pecuniary Interest
5. Where a matter arises at a meeting which directly relates to one of your Disclosable
Pecuniary Interests as set out in Table 1, you must disclose the interest, not participate in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest, just that you have an interest. A dispensation may be granted in limited circumstances, to enable you to participate and vote on a matter in which you have a disclosable pecuniary interest.

Disclosure of Other Registrable Interests
6. Where a matter arises at a meeting which directly relates to the financial interest or wellbeing of one of your Other Registrable Interests (as set out in Table 2), you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting but otherwise must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.

Disclosure of Non-Registrable Interests ‘directly relating’ to financial interest or well-being
7. Where a matter arises at a meeting which directly relates to your financial interest or well-being (and is not a Disclosable Pecuniary Interest set out in Table 1) or a financial interest or well-being of a relative or close associate, you must disclose the interest. You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.
Disclosure of Non-Registrable Interests ‘affecting’ financial interests or well-being

8. Where a matter arises at a meeting which affects –
a. your own financial interest or well-being;
b. a financial interest or well-being of a relative or close associate; or
c. a financial interest or wellbeing of a body included under Other Registrable Interests as set out in Table 2
you must disclose the interest. In order to determine whether you can remain in the meeting after disclosing your interest the following test should be applied.

9. Where a matter (referred to in paragraph 8 above) affects the financial interest or well-being:
a. to a greater extent than it affects the financial interests of the majority of inhabitants of the ward affected by the decision and;
b. a reasonable member of the public knowing all the facts would believe that it would affect your view of the wider public interest.

You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation.

If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.

Cabinet members
10. Where you have a Disclosable Pecuniary Interest (paragraph 5), Other Registrable Interest (paragraph 6) or any Non-Registrable Interest (paragraphs 7 - 9) on a matter to be considered or which is being considered by you as a Cabinet member in exercise of your executive function, you must notify the Monitoring Officer of the interest and must not take any steps or further steps in the matter apart from arranging for someone else to deal with it.

Table 1: Disclosable Pecuniary Interests 

This table sets out the explanation of Disclosable Pecuniary Interests as set out in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.

* ‘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. 

Table 2: Other Registrable Interests 

You must register as an Other Registrable Interest:

a) any unpaid directorships.

b)any body of which you are a member or are in a position of general control or management and to which you  are nominated or appointed by the Council.

c) any body 

• (i)  exercising functions of a public nature,
• (ii) directed to charitable purposes, or  
• (iii) 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.

d) membership of any body which, in your view, might create a conflict in carrying out your duties as a councillor (such as membership of the Freemasons or any similar body).