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PART III LOCAL GOVERNMENT ACT 2000 NEW CODE OF CONDUCT FOR TOWN AND PARISH COUNCILS
FREQUENTLY ASKED QUESTIONS INTERPRETATION OF THE CODE OF CONDUCT
1. Why do Town and Parish Councils have to adopt the Model Code as their own
Local Code when all the provisions in the Model Code are mandatory?
Councils have a statutory duty to adopt a Local Code of Conduct containing all
the provisions of the Model Code but are free to add to the Model provided any
additions do not conflict with the mandatory provisions. Adopting the Model Code
as the Local Code by formal adoption sends out a powerful message to the local
community that their Local Councils are embracing the philosophy behind the
provisions in the Code.
The Standards Board have also recommended that Councils adopt the Model Code to
avoid the confusion of having a variety of Codes so that Members can be judged
by the same standards up and down the country.
2. The general obligation in paragraph 5(a) of the Code appears to disable all
Councillors from acting e.g. considering a planning application since any
decision
is likely to confer some advantage or disadvantage on somebody?
In our view the important word in paragraph 5(a) of the Code is the word
"improperly"as this makes it clear that you should only be influenced by relevant
issues and proper motives when acting as a Member of your Local Council.
For example when considering a planning application at a Council meeting it is
obvious that the outcome will either favour the applicant and those who agree
with the development or alternatively those that object to it depending on the
decision made. However, provided the planning application is considered on its
planning merits and no irrelevant considerations or improper motives are behind
any decision, there should be no breach of paragraph 5(a) of the Code.
3. What does "Wellbeing" mean in paragraph 7(1) of the Code?
The phrase is not defined but in our view needs to be given a wide meaning
embracing such things as your environmental and social wellbeing. A common sense
approach is needed when Councillors are considering whether they have a personal
but non financial interest in a matter before the Council. In our view most
Members will recognise such an interest when they see it.
For example a proposal to place a bus shelter outside your house may not affect
the value of your property but could affect your local environment e.g. views
from your house may be affected or your peace and quiet due to the congregation
of people outside your home waiting for the bus. Such issues could be regarded
as affecting your wellbeing and therefore be a personal interest.
4. What does "friend" mean in paragraph 7(1) of the Code and where does one draw
the line in a small village where most people know each other?
The word "friend" is not defined in the Code so our advice is to give the word
its ordinary natural meaning. Again a common sense approach is required. In our
view knowing someone in a small village is not enough, a friend is more than an
acquaintance. The key question is how well you know a particular person. There
must be some social contact with another person which makes them different to
other people in the parish who the Member knows. In each case a personal
judgement will have to be made which you are comfortable about defending if
challenged.
5. Isn't the interpretation of "prejudicial interest" largely subjective?
The test of what is a prejudicial interest is set out in paragraph 9(1) of the
Code. In our view the test is objective rather than subjective bearing in mind
the test is what a reasonable Member of the public may think given all the
relevant facts and circumstances.
6. What does the nominal value of shares means in paragraph 12(d) of the Code?
The nominal value of shares is the face value of those shares i.e. the value
recorded on the share certificates.
So for example if you bought 10,000 £1.50 shares (face value) in 1989 and the
market value at the time was £3.00 per share you would have paid £30,000 for
those shares. They are now worth £45,000. However the nominal value of those
shares will still be £15,000 (10,000 x £1.50). Therefore you would not be
obliged to enter the shares on the register of interests even though the current
market value of those shares is £45,000.
STATUTORY DECLARATION TO OBSERVE THE CODE
7. Must a Member sign up to the new Code within 28 days of the 15th April 2002?
No. Under Section 52 of the Local Government Act 2000 a Member has two months
from the 15th April 2002 to "sign up" to the Code. This means that he or she
must complete the declaration of acceptance of office form within that period.
The reference to 28 days refers to the need for a Member to register his or her
financial and other interests under Part 3 of the Code within 28 days of adoption
8. Must Members sign up to their Council's Code each year?
No. Once Members have "signed up" to their Council's Code this will be sufficient
during their term of office.
9. If a Member refuses to sign up to observe his/her Council's Code of Conduct, how
long can he/she remain in office?
Under Section 52 of the Local Government Act 2000, where a Member refuses to
"sign up" to the Code within the two month period then he or she automatically
ceases to be a Member at the end of that period. In other words if any Member
refuses or neglects to sign the Declaration of Acceptance of Office by midnight
on the 14th June 2002 then he or she will cease to be a Member of the Council.
10. What happens if all Members of a Parish Council refused to agree to observe
their Council's Code of Conduct?
In the event of all Members or a sufficient number of Members of a Parish Council
refusing to "sign up" to the adopted Code, then the Parish Council would not be
able to continue to function properly because there would not be a quorum of
Members to make the necessary decisions. In such circumstances the relevant
District Council would have to step in under Section 91 of the Local Government
Act 1972 and make an Order appointing persons to fill all the vacancies until
other Councillors were elected to take office. This would inevitably take a
little time to arrange.
11. Do non-Councillors Co-opted to Committees have to sign a different form of
declaration to observe their Council's Code of Conduct than that signed by
Councillors?
A Co-opted Member is defined in Section 49 of the Local Government Act 2000 and
includes a non-Councillor who has voting rights on a Committee. Paragraph 1(4) of
the Code makes it clear that it applies to Co-opted Members and accordingly they
have to sign the same Declaration of Acceptance of Office as ordinary Members.
12. Must non-Councillors who are appointed by the Council to an independent body
(e.g. a local charity) agree to observe the Council's Code of Conduct?
The short answer is no.
13. Do volunteers who haven't been formally co-opted but do jobs for the Parish
Council have to sign up to their Council's Code, e.g. Parish Transport
Representatives?
No as such volunteers are not Members of the Parish Council and therefore do not
come within the scope of the Code as set out in paragraph 1 of the Model.
14. Does the Chairman of a Parish Council need to make two statutory Declarations,
i.e. as a Member and as Chairman?
No. We believe one Declaration of Acceptance of Office is sufficient but for the
sake of clarity it would be worthwhile for the Chairman to make it clear the
Declaration is signed in both capacities.
DECLARING INTERESTS
15. Will a Member who declares a personal interest still be able to speak and vote,
whatever the nature of that interest?
The position is different from the old provisions of the Local Government Act
1972 and the former National Code of Local Government Conduct. When a personal
interest is declared, the Member will be able to speak and vote unless the
interest is declared as a prejudicial one. If a prejudicial interest is declared
the Councillor must leave the room whilst the item of business is considered and
can not therefore vote.
A Councillor who has declared a personal interest which is not prejudicial may
speak and vote on the issue being considered at the meeting. There are a few
circumstances set out in paragraph 9(2) of the Code which enable a Member to
speak and vote on matters which might otherwise be prejudicial.
There is no halfway house whereby a Member can speak but not vote on a matter in
which he has declared a personal interest. Members can always choose to abstain.
16. Will a Member who has declared a personal and prejudicial interest be able to
remain in the room as a member of the public, or ask a relative or friend to
remain in the room to report on the discussion?
The Code makes it clear at paragraph 10 that the Member must leave the room
although we see no reason why a relative or friend cannot remain in the public
gallery to report on the discussion.
17. Where a Member has declared a personal and prejudicial interest in a matter he
or she is unable to answer questions from other Members about the matter. So is
a Councillor still able to write to the Council about the issue and provide
relevant information?
The answer to question 16 makes it quite clear that under the Code the Member may
not remain in the meeting room when a matter in which he has declared a personal
and prejudicial interest is being considered. The Councillor should not seek to
do anything directly or through an intermediary which would seek to influence the
decision either at the meeting or outside the meeting as this would conflict with
the processes of paragraph 10(b) of the Code.
For example a Member would not be able to participate at a Parish Council
Planning Committee or submit a letter in support of their own planning
application. The Standards Board for England has stated that although this may
appear to place a Member at a disadvantage compared to a member of the public
who has the ability to represent his or her own application, this is not so. The
Councillor concerned is able to have another person present their application at
the meeting. The Board have also said that a Member can discuss the planning
application with a Planning Officer if this is the normal procedure for
applicants but cannot go much further.
18. Please clarify the position regarding these two specific scenarios relating to
declarations of interest namely:-
(a) Should a Councillor declare an interest if his/her spouse or a relation
undertakes work for the Council?
(b) If a Member works for a firm located outside the Parish, should he declare this
if the Parish Council is considering doing business with the firm?
This answer is designed to deal with both cases. In both scenarios the safest
course of action would be to regard the interests as personal and prejudicial.
The central point is that you should not seek to influence a decision where a
Contract is concerned which may benefit a firm for which you or a partner/
relation work.
19. Can we have guidance on what to do when the Council considers the following
types of planning application:-
(a) An application for development near to where a Member lives which may affect
his/her property and
(b) An application submitted by a neighbour or friend and
(c) Where the Parish Council is offered £10,000 if Members did not object to a
planning application.
When a planning application is submitted for Parish Council observation and it
affects your property, or it is made by a friend, you should declare a personal
interest. You should remember the test of what is a prejudicial interest,
because you would almost certainly have one, and be best advised to leave the
meeting whilst the planning application is considered.
If a developer offered £10,000 to a Parish Council to prevent objection to a
planning application this offer should be ignored in considering the application
it would not need to be registered as a gift to the individual Members but no
doubt the Parish Council would take advice on the offer.
20. Can a Councillor who is not a Member of the Parish Planning Committee attend a
Committee meeting as a member of the public to speak on planning matters?
The rules for attending Committee meetings by a Councillor who is not a Committee
Member to speak on matters arising at that Committee should be set out in the
Council's own Standing Orders. But a Councillor should not attend and speak on
his or her own planning application as this would be a personal prejudicial
interest and such action would in our view conflict with paragraph 5(a) of the
Code.
21. When the Council is considering Members' expenses, must all Councillors declare
an interest and leave the room?
Members' expenses are a personal interest which should be declared but can be
considered by Members generally as it is one of the defined issues within
paragraph 9(2)(e) of the Code which does not give rise to a prejudicial interest.
22. How long before a Council meeting must an application for a dispensation be made?
The District Council's Standards Committee has responsibility for granting
dispensations in appropriate circumstances. These are somewhat limited by
Regulations recently issued by the DTLR. The Standards Board has also advised
that the Standards Committee's powers to grant dispensations cannot be delegated.
Although this is questioned by us, the best advice we can give at this stage is
that dispensations should be sought from the District Council Monitoring Officer
at least a fortnight before the meeting. Further information will be circulated
as soon as possible as we recognise the current position is not safisfactory.
23. How can a Parish Council deal with a matter if a majority of its Members have to
declare a personal and prejudicial interest?
Regulations concerning the circumstances in which dispensations can be granted
have now been issued by the DTLR. These cater for the situation where more than
half the Members who would otherwise be entitled to participate in the particular
item of business cannot do so because of a prejudicial interest. In these
circumstances Members can apply for individual dispensations.
REGISTER OF MEMBERS INTERESTS
24. Will guidelines on registering interests and standard forms be issued across the
County?
There are standard forms for registering interests. These contain advice notes
about what should be registered.
25. Who compiles the Register, the Parish Clerk or the Monitoring Officer and do
completed registration forms have to be sent to the Clerk or the Monitoring
Officer. How frequently will the Register be updated?
Under Section 81 of the Local Government Act 2000, the Monitoring Officer must
establish and maintain the Register but a copy must be available somewhere in
the Parish (i.e. at an 'office' of the Council). The obligation to complete the
entry is the members.
Register entries must be made within 28 days of the date the Code comes into
force i.e. 28 days from 15 April (or for Parishes having elections on 2 May, 28
days after that). The Register must be continuously updated by the Monitoring
Officer with Members being allowed 28 days from the time they become aware of
the need for a change to formally register it.
A supply of forms should be kept by the Clerk to ensure ready access to a form
to register changes. The Clerk will be supplied with a copy of everything the
Monitoring Officer keeps on the Register.
26. Is a nil return required if I have no interests to register?
A nil return is required in each section of the register where there are no
registrations to be entered.
27. What are a Parish Council's obligations under the Data Protection Act if it
keeps a copy of its Register?
We are of the opinion that the notification provisions of the Data Protection
Act 1998 do not apply as the Register of Financial and Other Interests is a
public register. However, we have written to the Information Commissioner about
the implications and await a reply. If there are issues of concern for Town or
Parish Councils, we will let you know.
28. Could Parish Councils be at risk of action under the Human Rights Act 1998
because they keep personal information on the Register?
We do not believe Councils keeping public registers will be at risk under the
Human Rights Act.
29. Do I only have to register the property I own or lease in the Parish and am I
required to specify the nature of my land holdings?
Under paragraph 12 of the Code the land (which includes buildings) which has to
be registered is any land in which you have a beneficial interest in the Parish.
The standard form for Registering interests sets out clearly what has to be
registered in respect of such land. You will normally have to register your
home and/or land that you rent or lease in the Parish.
30. Do I have to register the fact that I rent an allotment or smallholding?
Where a Member rents an allotment or a smallholding under the terms of a lease
or has a licence to occupy such land for 28 days or longer then there will be a
need to register the interest either under paragraph 12(f) in the case of a
lease, or paragraph 12(h) in the case of a licence.
31. Do I have to register my business if it is located outside the Parish?
Yes, you need to register every employment or office or trade/profession that
you have to declare for income tax purposes, irrespective of whether you
undertake this inside or outside the Parish. You do not have to declare your
wages or salary.
32. Do all directorships have to be registered, or only those that are remunerated?
Paragraph 12(b) makes it clear that Members only have to declare remunerated
directorships.
33. Can you clarify the rules regarding the registration of company shares?
Members need to register the name of any corporate body which has a place of
business or land in the Parish and in which they own shares of a face value of
£25,000 or more, or shares which amount to more than one hundredth of the total
issued shared capital of the body.
Members do not have to register the name of a company owned by their family
if he or she does not own shares in it or do not own shares above the values
mentioned above.
34. Does a Councillor have to register land or shares owned by his/her spouse or
other family member?
A Councillor does not have to register land wholly owned by his or her spouse or
other family Member. However, where a Member jointly owns land with their spouse
e.g. the family home, then our advice is that that needs to be registered under
paragraph 12(f) of the Code.
There is no need to register share holdings of a spouse or other family member.
35. Do I have to register all the charities of which I am a Member?
Membership of all Charities have to be registered under paragraph 13(c) of the
Code. Giving money to charities which does not entail membership does not have
to be registered.
36. Do I have to register membership of a Political Party?
Parliament could have easily inserted the phrase "political party" to make the
matter clear and in the absence of those words it could be inferred that
paragraph 13(d) does not apply to such bodies. But the DTLR and the Standards
Board have advised that Members should register their political party under this
paragraph. We therefore advise you to follow these views.
37. Is membership of the Freemasons or a private club a registerable interest?
Membership of Freemasons is not required to be registered, neither is membership
of private clubs. However, declaration of interest provisions of the Code may be
relevant if an issue about such an organisation came before the Council. You
would have to consider whether you had a personal interest to declare at the
meeting and if so whether that interest was a prejudicial one requiring you to
leave the room.
GIFTS AND HOSPITALITY
38. Do I have to declare all gifts/hospitality over £25 in value, or only those
connected with Council business?
Councillors need declare only gifts and hospitality connected with their role
as Members of the Parish Council. Small and regular gifts received in that
role may well accumulate to more than £25 and it is advisable to declare them.
Gifts/hospitality received from friends and relations need not be declared in
the Register. However a relationship with friends and relatives would require
a personal (and possibly prejudicial) interest to be declared at a meeting if
a matter affecting them arose as an item on the agenda.
39. If a friend takes me out to dinner and the conversation turns to a planning
application he is making, must I declare this?
Having a dinner with a friend is not hospitality which needs to be registered
under paragraph 15 of the Code even if the value of your meal is over £25.
However you should make it clear to your friend that it is inappropriate to
discuss his planning application as you will have to declare an interest in it
when the matter comes before the Parish Council. This is because he is a friend
and interests of friends comes within the definition of "personal interest" set
out in paragraph 7 of the Code. Indeed, when the matter comes before the Council
you will need to decide whether that interest is personal and prejudicial. The
safest bet is therefore to warn your friend that it would be better if the matter
was not discussed at dinner.
40. Should a gift given to the Council (rather than an individual member) for the
benefit of the Parish be declared and, if so, by whom?
If a gift is made to the Parish Council as a corporate body (rather than for the
benefit of individual Councillors) this would be classed as a corporate gift and
it would not need to be registered.
But if, for example, all Members of the Council were offered corporate
hospitality in connection with a particular issue, it would need to be
registered if above the limit.
41. If the Chairman or another Councillor treats other Councillors to dinner, must
they register the hospitality?
Civic hospitality, drawn from the Chairman's or Mayor's allowance would not have
to be declared (it would in any event rarely exceed £25). If a Member treats
another to a meal that could simply be a matter between colleagues. But Members
should be mindful of the circumstances - if for example the Member hosting the
dinner had submitted a planning application a member of the public who was in
possession of all the facts could form the view that the other Members' view
might be affected by the hospitality.
42. Must gifts/hospitality received before an issue arises (e.g. before a person
makes an application for planning permission) be registered?
The need to register gifts and hospitality if not solely linked to specific
issues. So if a person receives a gift or hospitality because he is a local
Councillor and the value is over £25 then there is a requirement to register
within 28 days under paragraph 15 of the Code.
When the issue then comes up at a meeting of the Council the Member concerned
would have to consider very carefully whether the acceptance of the gift or
hospitality necessitates the need to declare a personal interest before a debate
at the meeting.
43. If a person who is Councillor for more than one Authority, e.g. County and Town,
receives hospitality, must he/she register this in the Registers of both
Authorities?
It would depend on the circumstances. It is to be expected that the hospitality
would relate specifically to the role in one or other of the Councils, although
in some matters two or even three tiers of Local Authority can be involved. The
best advice is, if in doubt, err on the side of caution and register.
INSPECTION OF REGISTERS
44. Will Registers be available for inspection at both the District Council's offices
and in the Parish?
The combined Registers for all the Parish Councils in a District will be
available at the District Council Offices and their Area Offices. The Parish
Clerk must also ensure that his or her Parish register is available for
inspection locally i.e. within the Parish. The difficulty of finding suitable
locations in the villages has been recognised. A small number of Parishes have
offices and the register should be held on deposit in such offices. For the
vast majority who don't have offices, the registers could be made available at
all Parish Council meetings and/or by arrangement with the Clerk. They could be
placed, subject to prior arrangements, in local Post Offices etc.
45. Can enquiries about the contents of a Register be dealt with over the phone?
The public has the right is to inspect the Registers. Information need not be
given over the phone other than to direct the person making the enquiry as to
where they can inspect the register.
46. Can members of the public inspect the Registers free of charge and without
giving their reasons for doing so?
The Registers must be available free of charge and those who wish to inspect
them do not need to give any reasons for doing so.
47. Will the Registers be put on the District Council's web site?
The Standards Board say that these Registers must be open to the public and
easily accessible, 'for example on the Council website'. While it is technically
possible to post Registers on websites, there may be practical difficulties in
doing so and it may raise Data Protection issues.
The District Council Monitoring Officers have no plans to publish these Registers
on websites at the moment. However the fact that these Registers exist and are
open to inspection may well be publicised on the websites.
48. How long will the Register details be kept after a Councillor to whom they refer
has retired from his/her Council?
Once a Councillor has resigned, failed to be elected or ceases to be a Member
for any other reason, his or her details will be removed from the relevant
Registers as soon as it is reasonably practicable. The onus will be on the Clerks
to Parish Councils to advise District Council Monitoring Officers of any changes
so that the Registers held by the District Council can be updated.
Although details about ex-Councillors will be removed from the public domain,
Monitoring Officers will keep records for a reasonable period of time just in
case any complaint is made about an ex-Councillor after he or she has ceased to
be a Member. We hope further guidance will be issued by the Standards Board on
this subject.
DISTRICT COUNCIL STANDARDS COMMITTEES
49. Will Parish Councillors have direct access to the Standards Committee?
Every District Council in the County will have a Standards Committee with a
remit for dealing with Town and Parish Council issues. But Parish Councillors
should not approach the Members of the District Council's Standards Committee
direct. Instead they should seek advice initially from their Clerk who in turn
can seek advice from the relevant Monitoring Officer.
50. What is the term of office for members of the Standards Committee?
This is a matter for each District Council.
COMPLAINTS AND BREACHES OF THE CODE
51. Do small, unintentional breaches of the Code have to be reported to the
Standards Board?
If a Member reasonably believes there to have been a breach of the Code, he has
a duty to report the matter to the Standards Board. It will be for the Board
to filter complaints and for the Ethical Standards Officer to determine if there
has been a breach and if there has, whether any action is required.
52. How can Councillors reconcile the duty of confidentiality with the duty to
'whistleblow'?
Members who have concerns about any conflict between confidentiality and the
obligation to report suspected breaches of the Code should take advice from
their Clerk or the Monitoring Officer. The fact that the breach may relate to a
confidential issue does not remove the obligation to report a suspected breach.
53. What protection do Members have against malicious or vexatious complaints
against them?
The Standards Board will become familiar with such complaints. However the fact
that a complaint is malicious, does not prevent it being well-founded and worthy
of investigation.
54. How will the Standards Board 'filter' complaints?
The details of the filtering process are not yet known although the Standards
Board have indicated that the filtering process will be kept under review.
55. Does the District Council's Standards Committee have the power to investigate
complaints about alleged breaches of Local Council Codes of Conduct and to
discipline offenders?
At the moment Standards Committees have no power to investigate breaches of Codes
of Conduct or to impose sanctions. Regulations are awaited which may give these
Committees some powers over complaints referred back to the Monitoring Officer
from an Ethical Standards Officer.
56. How will a Member be affected by the Code if he/she is convicted of a non
custodial offence unrelated to Council business (e.g. assault) and this is
reported in the local press?
This may result in a complaint to the Standards Board under paragraph 4 of the
Code to which a member is subject at all times. This is the provision which
requires a member to avoid bringing his office or Authority into disrepute. This
could lead to an investigation and if a breach were established a penalty could
be imposed by a Case Tribunal.
57. Would a visit by a Councillor to a lap-dancing club constitute a breach of the
code, i.e. by bringing the council into disrepute?
The provisions in paragraph 4 of the Code mean that a Councillor must not do
anything which could bring the office of Councillor, or Authority into disrepute.
Unlike other provisions of the Code, this duty applies all the time, not only
when a Councillor is acting in an official capacity. There is no substantial
body of experience to draw on as to what would constitute disreputable behaviour
but flagrant breaches of a Council's rules, or denigration of its officers or
other Members might lead to disrepute arising if such behaviour was not already
caught elsewhere in the Code. Personal behaviour might also call the office of
Councillor into disrepute - say someone who was perhaps persistently under the
influence of alcohol at meetings and therefore perceived as not being able to act
properly. A Councillor should also be a person who upholds the law and generally
behaves in a manner which others respect ("pillar of the community") so any
behaviour, particularly of a repeated nature which moves away from that ideal
may bring the office of Councillor into disrepute.
58. If a Member is suspended and therefore unable to attend any meeting for more
than six months, will he or she automatically cease to be a Councillor?
The usual provisions about non-attendance will not apply to a Member who is
unable to attend through suspension.
59. How will a Clerk know if a member of his/her Council has been disqualified from
being a member of any Council as a result of a decision relating to another
Council?
The Standards Board has advised us that Clerks should contact them about such
matters.
60. Will the Parish Council have to pay the costs of a Councillor who appeals to the
High Court against a suspension or disqualification?
No, the Councillor who launches the appeal in the High Court will have to pay
any costs incurred by him or ordered against him.
COUNCIL OFFICERS
61. Does the Code of Conduct for Members of Parish and Town Councils apply to the
Clerks of these Councils?
A Parish or Town Council's Code of Conduct applies only its Members and Co-opted
Members. It does not apply to Clerks or other staff employed by such Councils.
However, a member of a Parish or Town Council who is appointed as the Clerk
without remuneration (as permitted by the Local Government Act 1972) must
observe the Council's Code of Conduct in the same way as other members.
Clerks and other staff employed by Councils are bound by their terms of
employment and any related disciplinary rules. Statutory provisions also apply.
Clerks and other Council officers: (a) must disclose and give notice in writing
of their pecuniary interest in any contract into which their Council intends to
enter or has entered; (b) must not accept any fee or reward other than their
proper remuneration; and (c) whilst in office or within three months afterwards
may be required to account for money and property committed to their charge.
Council employees are covered by the extensive legislation on employment and
related matters.
The Local Government Act 2000 authorises the Secretary of State to issue a Code
of Conduct for local government staff. Such a Code is expected, but the extent
to which it will apply to the staff of Parish and Town councils is not yet clear.
62. Who will deal with complaints about maladministration in future?
The Standards Board will work with other organisations such as the Police and
Ombudsman to determine which of them should handle a complaint wrongly addressed
to the Board. Complaints about maladministration in local government are
investigated by the Local Government Ombudsman, whose remit does not extend to
Parish or Town Councils.
63. Will compliance with the Code of Conduct be monitored at audit?
There are no formal indications at this stage that District Audit will monitor
the compliance levels. However, local Standards Committees may very well wish
to institute such arrangements to be able to decide, for example on whether
further training or advice is necessary. So Monitoring Officers will be
considering the means of measuring the successful operation of the Code over
the coming months.
64. Why doesn't the Code of Conduct include a requirement for Members to attend a
certain number of Council meetings?
There has been no change in the law, which is set out in the Local Government
Act 1972. A Member who fails throughout a period of six consecutive months to
attend any meetings
(a) of the Council or
(b) of its Committees of which he/she is a Member or
(c) of other bodies as the Council's representative
ceases to be a member of the Council unless his/her absence is for a reason
approved by the Council or he/she has a 'statutory excuse', e.g. membership of
the armed forces in time of war.
ADVICE/INFORMATION/PUBLICITY
65. How will information about the Code and related matters be communicated to
Parish and Town Councils?
We have provided a considerable amount of information to date which includes
this FAQ Answersheet. District Council Standards Committees have an obligation
under the Local Government Act 2000 to provide advice and training on the New
Ethical Framework so some information will come from the District Council
Committees via their Monitoring Officers. The Standards Board also have a web
site with useful guidance and other information. You can find this at
www.standardsboard.co.uk
In addition, we will be considering extending the collaborative approach to
provide further advice and assistance to Local Councils in the future.
Parish and Town Clerks will however remain the first point of contact for advice
on Local Codes of Conduct.
66. How will the general public get to know about the new ethical framework?
Once a Local Authority has adopted a Local Code of Conduct there is a statutory
duty under the Local Government Act 2000 to publicise the adoption of the Code
in the local press.
67. Will people standing for election for the first time be told about their
obligations under the Code of Conduct if they are elected?
We assume that any person wishing to stand as a Parish Councillor will find out
as much as possible about the role from existing Councillors or the Clerk. But
we will be considering whether we can produce and publicise information about
Codes of Conduct prior to election time.
68. What do I need to do if I want further advice?
You should initially contact the Clerk to your Parish or Town Council.
69. What if the Clerk to the Parish Council cannot assist me?
If the Parish Clerk has difficulties answering your question or in exceptional
circumstances you feel uncomfortable about asking the Clerk the question, you
should contact the District Council Monitoring Officer.
70. What if the Monitoring Officer is not available?
Each District Council is able to appoint a Deputy Monitoring Officer to cover
in the absence of his colleague. If you are advised the Monitoring Officer is
unavailable you should either leave it and try later or ask whether there is a
Deputy Monitoring Officer you can speak to.
APPENDIX
VILLAGE HALLS, PLAYING FIELDS AND RECREATION GROUNDS
This special note refers to different ways in which these facilities can be provided
and how Members or Parish representatives may be affected.
1. Provision by the Parish Council direct, with a responsible Committee or
Sub-Committee.
The Code applies in relation to Members declaration of interests as it would to
any other Council Committee or Sub-Committee. If there are formal co-opted
Members of the Committee then they will be required to comply with the Code of
Conduct. The Parish Council should be clear at the time it appoints co-optees
as to their status ie that they are part of the voting membership of the
Committee. If they are not, but simply representatives of 'user groups' (say)
acting in an advisory role, they are not caught by the Code. If they are part
of the membership they will need to be aware of the contents of the Code,
complete the Register of Interests and act accordingly.
2. Provision by a Management Committee, separate to the Parish Council
If there is a separate Management Committee which is not run by the Parish
Council but which has responsibility for managing a village hall or recreation
ground, and the parish nominate members to it then the nominated Members will
need to enter in Section 13 of the Members' Interest Form their membership of
the Committee.
Under the new Code a Member is obliged to comply with the terms of the Code
when serving on another body, unless the Code conflicts with the lawful
obligations placed on the other body. In those circumstances, where for example
a Village Hall Management Committee was charged with particular duties the
Member would be bound to act in support of those obligations.
As a practical example, if the Member appointed to the Village Hall Management
Committee was at a meeting of the Parish Council when the question of a grant to
the Committee came up for determination, the Member would need to declare a
personal interest, but not a prejudicial one because the body is one to which he
was appointed by the Parish Council. The Member can therefore regard himself as
not having a prejudicial interest under paragraph 9(2) of the Code which permits
him to participate in the matter. If the Member was on the Management committee
having been nominated from another source (not the Parish Council) he would, if
present at a Parish Council meeting when a grant was considered, need to declare
a personal interest and possibly also regard it as prejudicial.
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