F2 - Members' Code of Conduct

1. Purpose

1.1 The purpose of this Code of Conduct is to assist you, as a councillor, in modelling the behaviour that is expected of you, to provide a personal check and balance, and to set out the type of conduct that could lead to action being taken against you. It is also to protect you, the public, fellow councillors, local authority officers and the reputation of local government. It sets out general principles of conduct expected of all councillors and your specific obligations in relation to standards of conduct.

1.2 The fundamental aim of the Code is to create and maintain public confidence in the role of councillor and local government.

2. Definitions

2.1 For the purposes of this Code of Conduct, a “councillor” means a member or co-opted member of a local authority or a directly elected mayor. A “co-opted member” is defined in the Localism Act 2011 Section 27(4) as “a person who is not a member of the authority but who:

(a) is a member of any committee or sub-committee of the authority, or;

(b) is a member of, and represents the authority on, any joint committee or joint sub- committee of the authority;

and who is entitled to vote on any question that falls to be decided at any meeting of that committee or sub-committee”.

3. General Principles of Councillor Conduct

3.1 Everyone in public office at all levels; all who serve the public or deliver public services, including ministers, civil servants, councillors and local authority officers; should uphold the Seven Principles of Public Life, also known as the Nolan Principles.

3.2 Building on these principles, the following general principles have been developed specifically for the role of councillor.

3.3 In accordance with the public trust placed in me, on all occasions:

• I act with integrity and honesty
• I act lawfully
• I treat all persons fairly and with respect; and
• I lead by example and act in a way that secures public confidence in the role of councillor.

3.4 In undertaking my role:

• I impartially exercise my responsibilities in the interests of the local community
• I do not improperly seek to confer an advantage, or disadvantage, on any person
• I avoid conflicts of interest
• I exercise reasonable care and diligence; and
• I ensure that public resources are used prudently in accordance with my local authority’s requirements and in the public interest.

4. Application of the Code of Conduct

4.1 This Code of Conduct applies to you as soon as you sign your declaration of acceptance of the office of councillor or attend your first meeting as a co-opted member and continues to apply to you until you cease to be a councillor.

4.2 This Code of Conduct applies to you when you are acting in your capacity as a councillor which may include when:

• you misuse your position as a councillor
• your actions would give the impression to a reasonable member of the public with knowledge of all the facts that you are acting as a councillor.

4.3 The Code applies to all forms of communication and interaction, including:

• at face-to-face meetings
• at online or telephone meetings
• in written communication
• in verbal communication
• in non-verbal communication
• in electronic and social media communication, posts, statements and comments.

4.4 You are also expected to uphold high standards of conduct and show leadership at all times when acting as a councillor.

4.5 Your Monitoring Officer has statutory responsibility for the implementation of the Code of Conduct, and you are encouraged to seek advice from your Monitoring Officer on any matters that may relate to the Code of Conduct.

5. Standards of Councillor Conduct

5.1 This section sets out your obligations, which are the minimum standards of conduct required of you as a councillor. Should your conduct fall short of these standards, a complaint may be made against you, which may result in action being taken.

5.2 Guidance is included to help explain the reasons for the obligations and how they should be followed.

General Conduct

6. Respect

6.1 As a councillor:

(i) I treat other councillors and members of the public with respect.

(ii) I treat local authority employees, employees and representatives of partner organisations and those volunteering for the local authority with respect and respect the role they play.

6.2 Respect means politeness and courtesy in behaviour, speech, and in the written word. Debate and having different views are all part of a healthy democracy. As a councillor, you can express, challenge, criticise and disagree with views, ideas, opinions and policies in a robust but civil manner. You should not, however, subject individuals, groups of people or organisations to personal attack.

6.3 In your contact with the public, you should treat them politely and courteously. Rude and offensive behaviour lowers the public’s expectations and confidence in councillors.

6.4 In return, you have a right to expect respectful behaviour from the public. If members of the public are being abusive, intimidatory or threatening you are entitled to stop any conversation or interaction in person or online and report them to the local authority, the relevant social media provider or the police. This also applies to fellow councillors, where action could then be taken under the Councillor Code of Conduct, and local authority employees, where concerns should be raised in line with the local authority’s councillor officer protocol.

7. Bullying, Harassment and Discrimination

7.1 As a councillor:

(i) I do not bully any person.

(ii) I do not harass any person.

(iii) I promote equalities and do not discriminate unlawfully against any person.

7.2 The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident, happen face-to-face, on social media, in emails or phone calls, happen in the workplace or at work social events and may not always be obvious or noticed by others.

7.3 The Protection from Harassment Act 1997 defines harassment as conduct that causes alarm or distress or puts people in fear of violence and must involve such conduct on at least two occasions. It can include reported attempts to impose unwanted communications and contact upon a person in a manner that could be expected to cause distress or fear in any reasonable person.

7.4 Unlawful discrimination is where someone is treated unfairly because of a protected characteristic. Protected characteristics are specific aspects of a person's identity defined by the Equality Act 2010. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

7.5 The Equality Act 2010 places specific duties on local authorities. Councillors have a central role to play in ensuring that equality issues are integral to the local authority's performance and strategic aims, and that there is a strong vision and public commitment to equality across public services.

8. Impartiality of Officers of the Council

8.1 As a councillor:

(i) I do not compromise, or attempt to compromise, the impartiality of anyone who works for, or on behalf of, the local authority.

8.2 Officers work for the local authority as a whole and must be politically neutral (unless they are political assistants). They should not be coerced or persuaded to act in a way that would undermine their neutrality. You can question officers in order to understand, for example, their reasons for proposing to act in a particular way, or the content of a report that they have written. However, you must not try and force them to act differently, change their advice, or alter the content of that report, if doing so would prejudice their professional integrity.

9. Confidentiality and Access to Information

9.1 As a councillor:

(i) I do not disclose information:

(a) given to me in confidence by anyone

(b) acquired by me which I believe, or ought reasonably to be aware, is of a confidential nature, unless

(i) I have received the consent of a person authorised to give it;

(ii) I am required by law to do so;

(iii) the disclosure is made to a third party for the purpose of obtaining professional legal advice provided that the third party agrees not to disclose the information to any other person; or

(iv) the disclosure is:

1) reasonable and in the public interest;

2) made in good faith and in compliance with the reasonable requirements of the local authority; and

3) I have consulted the Monitoring Officer prior to its release.

(ii) I do not improperly use knowledge gained solely as a result of my role as a councillor for the advancement of myself, my friends, my family members, my employer or my business interests.

(iii) I do not prevent anyone from getting information that they are entitled to by law.

9.2 Local authorities must work openly and transparently, and their proceedings and printed materials are open to the public, except in certain legally defined circumstances. You should work on this basis, but there will be times when it is required by law that discussions, documents and other information relating to or held by the local authority must be treated in a confidential manner. Examples include personal data relating to individuals or information relating to ongoing negotiations.

10. Disrepute

10.1 As a councillor:

(i) I do not bring my role or local authority into disrepute.

10.2 As a Councillor, you are trusted to make decisions on behalf of your community and your actions and behaviour are subject to greater scrutiny than that of ordinary members of the public. You should be aware that your actions might have an adverse impact on you, other councillors and/or your local authority and may lower the public’s confidence in you or your local authority’s ability to discharge your/its functions. For example, behaviour that is considered dishonest and/or deceitful can bring your local authority into disrepute.

10.3 You are able to hold the local authority and fellow councillors to account and are able to constructively challenge and express concern about decisions and processes undertaken by the council whilst continuing to adhere to other aspects of this Code of Conduct.

11. Use of Position

11.1 As a councillor:

(i) I do not use, or attempt to use, my position improperly to the advantage or disadvantage of myself or anyone else.

11.2 Your position as a member of the local authority provides you with certain opportunities, responsibilities, and privileges, and you make choices all the time that will impact others. However, you should not take advantage of these opportunities to further your own or others’ private interests or to disadvantage anyone unfairly.

12. Use of Local Authority Resources and Facilities

12.1 As a councillor:

(i) I do not misuse council resources.

(ii) I will, when using the resources of the local authority or authorising their use by others:

(a) act in accordance with the local authority's requirements; and

(b) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the local authority or of the office to which I have been elected or appointed.

12.2 You may be provided with resources and facilities by the local authority to assist you in carrying out your duties as a councillor.

12.3 Examples include:

• office support
• stationery
• equipment such as phones, and computers
• transport
• access and use of local authority buildings and rooms.

12.4 These are given to you to help you carry out your role as a councillor more effectively and are not to be used for business or personal gain. They should be used in accordance with the purpose for which they have been provided and the local authority’s own policies regarding their use.

13. Complying with the Code of Conduct

13.1 As a Councillor:

(i) I undertake Code of Conduct training provided by my local authority.

(ii) I cooperate with any Code of Conduct investigation and/or determination.

(iii) I do not intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.

(iv) I comply with any sanction imposed on me following a finding that I have breached the Code of Conduct. It is extremely important for you as a councillor to demonstrate high standards, for you to have your actions open to scrutiny and for you not to undermine public trust in the local authority or its governance. If you do not understand or are concerned about the local authority’s processes in handling a complaint you should raise this with your Monitoring Officer.

Protecting Your Reputation and the Reputation of the Local Authority

14. Interests

14.1 As a councillor:

(i) I register and disclose my interests.

14.2 Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and maintain a register of interests of members of the authority.

14.3 You need to register your interests so that the public, local authority employees and fellow councillors know which of your interests might give rise to a conflict of interest. The register is a public document that can be consulted when (or before) an issue arises. The register also protects you by allowing you to demonstrate openness and a willingness to be held accountable. You are personally responsible for deciding whether or not you should disclose an interest in a meeting, but it can be helpful for you to know early on if others think that a potential conflict might arise. It is also important that the public know about any interest that might have to be disclosed by you or other councillors when making or taking part in decisions, so that decision making is seen by the public as open and honest. This helps to ensure that public confidence in the integrity of local governance is maintained.

14.4 You should note that failure to register or disclose a disclosable pecuniary interest as set out in Table 1, is a criminal offence under the Localism Act 2011.

14.5 Appendix B sets out the detailed provisions on registering and disclosing interests. If in doubt, you should always seek advice from your Monitoring Officer.

15. Gifts and Hospitality

15.1 As a councillor:

(i) I do not accept gifts or hospitality, irrespective of estimated value, which could give rise to real or substantive personal gain or a reasonable suspicion of influence on my part to show favour from persons seeking to acquire, develop or do business with the local authority or from persons who may apply to the local authority for any permission, licence or other significant advantage.

(ii) I register with the Monitoring Officer any gift or hospitality with an estimated value of at least £50 within 28 days of its receipt.

(iii) I register with the Monitoring Officer any significant gift or hospitality that I have been offered but have refused to accept.

15.2 In order to protect your position and the reputation of the local authority, you should exercise caution in accepting any gifts or hospitality which are (or which you reasonably believe to be) offered to you because you are a councillor. The presumption should always be not to accept significant gifts or hospitality. However, there may be times when such a refusal may be difficult if it is seen as rudeness in which case you could accept it but must ensure it is publicly registered. However, you do not need to register gifts and hospitality which are not related to your role as a councillor, such as Christmas gifts from your friends and family. It is also important to note that it is appropriate to accept normal expenses and hospitality associated with your duties as a councillor. If you are unsure, do contact your Monitoring Officer for guidance.

Appendix A - The Seven Principles of Public Life

The principles are:

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must disclose and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

Appendix B - Interests

1. Registering Interests

1.1 Within 28 days of becoming a member 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 Registerable Interests).

1.2 “Disclosable Pecuniary Interest” means an interest of yourself, or of your partner if you are aware of your partner's interest, within the descriptions set out in Table 1 below.

1.3 "Partner" means a spouse or civil partner, or a person with whom you are living as husband or wife, or a person with whom you are living as if you are civil partners.

1.4 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.

1.5 A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the councillor, or a person connected with the councillor, being subject to violence or intimidation.

1.6 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 they will withhold the interest from the public register.

2. Non participation in case of disclosable pecuniary interest

2.1 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. 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.

3. Disclosure of Other Registerable Interests

3.1 Where a matter arises at a meeting which directly relates to the financial interest or wellbeing of one of your Other Registerable 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.

4. Disclosure of Non-Registerable Interests

4.1 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.

4.2 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.

4.3 Where a matter (referred to in paragraph 4.2 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 division 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.

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

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

Appendix C - The Committee on Standards in Public Life

1. The LGA has undertaken this review whilst the Government continues to consider the recommendations made by the Committee on Standards in Public Life in their report on Local Government Ethical Standards. If the Government chooses to implement any of the recommendations, this could require a change to this Code. The recommendations cover:

2. Recommendations for changes to the Localism Act 2011 to clarify in law when the Code of Conduct applies:

• The introduction of sanctions
• An appeals process through the Local Government Ombudsman
• Changes to the Relevant Authorities (Disclosable Pecuniary Interests)
• Regulations 2012
• Updates to the Local Government Transparency Code
• Changes to the role and responsibilities of the Independent Person
• That the criminal offences in the Localism Act 2011 relating to Disclosable

3. Pecuniary Interests should be abolished

4. The Local Government Ethical Standards report also includes Best Practice recommendations. These are:

Best practice 1: Local authorities should include prohibitions on bullying and harassment in codes of conduct. These should include a definition of bullying and harassment, supplemented with a list of examples of the sort of behaviour covered by such a definition.

Best practice 2: Councils should include provisions in their code of conduct requiring councillors to comply with any formal standards investigation and prohibiting trivial or malicious allegations by councillors.

Best practice 3: Principal authorities should review their code of conduct each year and regularly seek, where possible, the views of the public, community organisations and neighbouring authorities.

Best practice 4: An authority’s code should be readily accessible to both councillors and the public, in a prominent position on a council’s website and available in council premises.

Best practice 5: Local authorities should update their gifts and hospitality register at least once per quarter, and publish it in an accessible format, such as CSV.

Best practice 6: Councils should publish a clear and straightforward public interest test against which allegations are filtered.

Best practice 7: Local authorities should have access to at least two Independent Persons.

Best practice 8: An Independent Person should be consulted as to whether to undertake a formal investigation on an allegation, and should be given the option to review and comment on allegations which the responsible officer is minded to dismiss as being without merit, vexatious, or trivial.

Best practice 9: Where a local authority makes a decision on an allegation of misconduct following a formal investigation, a decision notice should be published as soon as possible on its website, including a brief statement of facts, the provisions of the code engaged by the allegations, the view of the Independent Person, the reasoning of the decision-maker, and any sanction applied.

Best practice 10: A local authority should have straightforward and accessible guidance on its website on how to make a complaint under the code of conduct, the process for handling complaints, and estimated timescales for investigations and outcomes.

Best practice 11: Formal standards complaints about the conduct of a parish councillor towards a clerk should be made by the chair or by the parish council, rather than the clerk in all but exceptional circumstances.

Best practice 12: Monitoring Officers’ roles should include providing advice, support and management of investigations and adjudications on alleged breaches to parish councils within the remit of the principal authority. They should be provided with adequate training, corporate support and resources to undertake this work.

Best practice 13: A local authority should have procedures in place to address any conflicts of interest when undertaking a standards investigation. Possible steps should include asking the Monitoring Officer from a different authority to undertake the investigation.

Best practice 14: Councils should report on separate bodies they have set up or which they own as part of their annual governance statement and give a full picture of their relationship with those bodies. Separate bodies created by local authorities should abide by the Nolan principle of openness and publish their board agendas and minutes and annual reports in an accessible place.

Best practice 15: Senior officers should meet regularly with political group leaders or group whips to discuss standards issues.

Appendix D - Guidance on Confidentiality

1. Information about the following matters should be regarded as confidential except in the circumstances outlined in section 2 of this guidance:

(a) Information which is marked as being confidential.

(b) Information where the recipient has been advised by a Council officer or member that the information is confidential.

(c) Information about individual service users or clients (past, present and prospective).

(d) Information about individual employees or office holders (past, present and prospective).

(e) Information relating to the names of tenderers, contractors, companies and the amounts and terms of contracts with the Council (past, present and prospective) prior to such information being released into the public domain when the tendering process has been completed.

(f) Information relating to potential or actual criminal proceedings.

(g) Information in documents which are circulated in draft.

(h) Personal information covered by the Data Protection Act 1998.

(i) Information relating to any court case or legal action which is not already in the public domain, unless there is specific legal advice to the contrary.

(j) Information supplied at spokes briefings, joint member meetings with the Corporate Leadership Team, and County Advisory Groups. Members will be advised whether the information may be made public.

2. Information is not confidential if it is already in the public domain. This will be:

(a) Information contained in a published official document.

(b) Information reported at a meeting which is open to the public.

(c) Information on the Council’s website (this does not include the Council’s Intranet).

(d) Information where the member has been advised that it is in the public domain.

(e) Information to which the public have the right of access under the Local Government (Access to Information Act) 1985 which is not deemed to be exempt information.

3. Members must seek advice from the Monitoring Officer on the disclosure of confidential information in advance of the information being disclosed.

Appendix E - Guidance on Gifts and Hospitality

1. Background

1.1 Members may well be offered gifts or hospitality during the course of conducting Council business. This raises an initial question of deciding whether or not to accept. The acceptance of a gift or hospitality potentially creates a risk to the integrity and reputation of the member as well as the Council itself. Members are strongly advised to be cautious and should consult the Monitoring Officer if they are in any doubt in a particular case.

2. Legal Position

2.1 While there is now no specific statutory requirement for members/co-opted members to register the offer of gifts and hospitality, the Bribery Act 2010 provides that if you accept any gift, loan, fee, reward or advantage whatsoever as an inducement or reward for doing or forbearing to do anything in respect of any matter or transaction in which the Council is concerned, you commit a criminal offence carrying a maximum term of imprisonment of ten years or a fine or both.

3. Members’ Code of Conduct and Constitution

3.1 The Council’s Members’ Code of Conduct provides that you must serve the public interest, rather than acting in the interests of any particular individual or section of the community, and it is a breach of the Code to improperly confer any advantage or disadvantage on any person, including yourself.

4. Registering gifts and hospitality

4.1 In order to protect the integrity of the Council, and yourself, members/co-opted members are strongly advised to register any gift or hospitality worth £50 or over that you receive in connection with your official duties as a member, together with the source of the gift or hospitality. You should also register an accumulation of small gifts you receive from the same source over a period of time that add up to £50 or more, and any hospitality provided to your partner. Claims should be made for partners if they accompany a councillor and receive hospitality or a gift alongside the councillor concerned.

4.2 Any registrations can be made and recorded on the form provided by Democratic Services. This will then be published on the Council’s website. See sections 10 to 14 of this guidance for information on how to register a gift or hospitality.

5. General Principles

5.1 In deciding whether it is proper to accept any gift or hospitality, you should apply the following principles. Even if it would normally be appropriate to accept a small gift or hospitality, you should not do so if it would be in breach of one or more of these principles:

(a) Never accept a gift or hospitality as an inducement or reward for anything you do as a member.

You must not be influenced in the discharge of your duties by the offer, prospect of an offer, or the non-offer of any inducement or reward for discharging those duties in a particular manner.

(b) You should only accept a gift or hospitality if there is a commensurate benefit to the Council.

The only proper reason for accepting any gift or hospitality is that there is a commensurate benefit for the Council that would not have been available but for the acceptance of that gift or hospitality.

Acceptance of hospitality can confer an advantage on the authority, such as an opportunity to progress the business of the authority through a working lunch. Acceptance of a gift is much less likely to confer such an advantage. But unless the benefit to the Council is clear and is commensurate with the value of the gift or hospitality, the presumption must be that the gift or hospitality is purely for your personal benefit.

(c) Never accept a gift or hospitality if acceptance might be open to misinterpretation.

The appearance of impropriety can be just as damaging to the Council and to you as a member as actual impropriety. The Council’s ability to govern rests upon its reputation for acting fairly and in the public interest. You must consider whether acceptance of the gift or hospitality is capable of being interpreted as a sign that you or the Council favours any particular person, company, organisation or section of the community or as placing you under any improper obligation to any person or organisation. If so, you must either refuse the gift or hospitality or take appropriate steps to ensure that such a misunderstanding cannot arise.

Certain occasions are particularly sensitive and require the avoidance of any opportunity for such misunderstanding. These include:

(i) Competitive procurement processes;

(ii) Determinations of planning applications or planning policy;

(iii) Funding decisions.

(d) Never accept a gift or hospitality that puts you under an improper obligation.

Some commercial organisations and private individuals see the provision of gifts and hospitality as a means of buying influence. If you accept a gift or hospitality improperly, they may seek to use this fact to persuade you to determine an issue in their favour. If others note that you have been prepared to accept a gift or hospitality improperly, they may feel that they will no longer be able to secure impartial consideration from the Council.

(e) Never solicit a gift or hospitality.

Never solicit or invite an offer of a gift or hospitality in connection with your position as a member and you should also take care to avoid giving any indication that you might be open to any such improper offer.

6. Gifts

6.1 As a general rule gifts should be refused tactfully, this includes all such offers from organisations or persons who do, or might, provide work, goods or services to the Council, or who need some decision from the Council. These rules also apply to discounts offered to an individual member going beyond those offered to the general public (other than those available to all members and officers).

6.2 As general guidance, the following small gifts worth under £50 may occasionally be accepted (provided that they do not conflict with the General Principles):

(a) Office equipment or stationery given by way of trade advertisements or for use in the office. Nothing more elaborate than calendars, pens or diaries would fall within this exception.

(NB: You should take care not to display any such branded items when this might be taken as an indication of favour to a particular supplier or contractor, for example in the course of a procurement exercise.)

(b) Gifts of only token value given on the conclusion of an official courtesy visit, for example, a visiting delegation.

Gifts, such as a box of chocolates or flowers, of a value less than £50, provided they are given as a genuine show of appreciation of work undertaken. These should never be accepted if it may give rise to an appearance of influence or reward.

7. Hospitality

7.1 Offers of hospitality should always be approached with caution and offers of hospitality where any suggestion of improper influence is possible must be refused.

7.2 Hospitality should only be accepted with the utmost caution, and on a scale appropriate, to the occasion or the circumstances. Acceptance may make it difficult to avoid some obligation to the party offering it and might later be thought to have affected a member’s impartiality in dealing with official matters.

7.3 Some offers of hospitality are always unacceptable for example, offers of holiday accommodation. Others will need to be considered on their facts, for example, invitations to sporting fixtures, evenings at the theatre or similar entertainment should only be accepted when they are required for the conduct of Council business or can properly be considered to provide a commensurate benefit to the Council not the individual member. Hospitality on a lower scale than this may also be unacceptable. No absolute dividing-line can be laid down.

7.4 There is an important difference between, for example, attendance in an official capacity at a function organised by a public authority and accepting hospitality from a private individual or firm standing to benefit from the goodwill of the Council.

7.5 However, it will not always be possible or even desirable to reject offers of hospitality on a modest scale. Acceptable hospitality is that not exceeding £50 in value such as official hospitality at a function organised by a public authority; a drink and sandwich following a site visit; or a working lunch of modest standard to enable business discussions. The decision whether to accept or not must depend on the circumstances in each case but hospitality should never be accepted if it may give rise to an appearance of influence or reward.

8. Wills and Bequests

8.1 If there is any connection between your work as a member and being a beneficiary under a will, then you need to be cautious as the offer of any benefit will need to be considered carefully in accordance with the General Principles and if accepted, may need to be registered. You should discuss this matter fully with the Monitoring Officer before a decision is taken on acceptance or refusal.

9. Sponsorship

9.1 Offers of sponsorship need to be treated carefully. If the offer is to sponsor the Council it should be referred to the Monitoring Officer who will consider the offer in accordance with the Council’s usual processes.

9.2 If the offer is to sponsor you as an individual, it should be dealt with in the same way as an offer of a gift or hospitality. In some cases, such offers may be acceptable for example, where colleagues or others are sponsoring you for a charitable purpose. In other cases, they may not be acceptable for example, where they are related in some way to the work of the Council or your role as a member; involve significant sums; or seek specific outcomes for the person or organisation making the offer. If in doubt you should consult the Monitoring Officer.

10. Registering Gifts, Hospitality and Sponsorship

10.1 If you are offered gifts, hospitality or sponsorship worth £50 or over, you need to decide, taking into consideration the general principles, whether to accept or decline any such offer.

10.2 If you are in any doubt as to whether to accept or decline any gift, hospitality or sponsorship then you are advised to seek the Monitoring Officer’s advice before doing so. In order to do this, you will need to advise the Monitoring Officer of the following:

(a) The nature and your estimate of the market value of the gift or hospitality;

(b) The name of the person or company offering the gift or hospitality;

(c) The connection which you have with the person or organisation making the offer or invitation such as any work which you have undertaken for the Council in which they have been involved;

(d) Any work, permission, concession or facility that you are aware that the person or organisation making the offer or invitation may seek from the Council; and

(e) Any special circumstances that lead you to believe that acceptance would not be improper.

10.3 The Monitoring Officer will give you advice wherever possible, but it will be a matter for you to make the decision as to whether to accept or decline. Your decision and the reasons for it should then be entered into the Register of Members’ Interests.

10.4 Where you do accept any gift or hospitality of £50 or over you should register this within 28 days of receiving the gift or hospitality. (This includes hospitality offered to you and your partner which in total is £50 or over).

11. Voluntary Declarations

11.1 You can always make a voluntary declaration to be entered on the Register of Gifts and Hospitality, even if you have declined the gift or hospitality or the value of the gift or hospitality is less than £50. If you are concerned that an offer or its acceptance might be misinterpreted you may make such a voluntary declaration to ensure that there is nothing secret or underhand about the gift or hospitality or your actions.

12. Gifts to the Council

12.1 You may at some time be offered a gift for the Council as opposed to a gift to you in your individual capacity as a member. Such gifts could take several forms, for example: land, buildings, goods, services, either for the Council to retain or test with a view to future acquisition; offers to carry out works, or provide services; or sponsorship of a Council-supported or organised function or activity. In such cases you should report the offer on receipt to the Monitoring Officer who will consider and determine in accordance with normal Council processes whether the Council should or should not accept the gift.

12.2 The Monitoring Officer will notify the person or the organisation offering the gift, whether it is accepted or not and will:

(a) Record the acceptance or non-acceptance;

(b) Record the outcome for audit purposes; and

(c) Ensure the gift, if accepted, is properly applied for the benefit of the Council.

13. Gifts to the Chair

13.1 Gifts received by the Chair in their official capacity are deemed to be gifts of the Council. The Chair should record the receipt of all such gifts in the Register and in consultation with the Monitoring Officer determine how best they may be used for the benefit of the Council.

14. What do I need to declare at a meeting?

14.1 If a matter under consideration at a meeting is likely to affect a person who gave you a gift or hospitality then you must declare the existence and nature of the gift or hospitality, the source who gave it to you and how the business under consideration relates to that source.

Appendix F - Guidance on Conflicts of Interest

1. Introduction

1.1 This guidance is for councillors who wish to consider how to manage potential conflicts of interest and will form a supplementary document to the Member’s Code of Conduct.

1.2 Councillors, as holders of public office, are obliged to follow the Nolan Committee’s Seven Principles of Public Life:

(a) Selflessness: You must act solely in the public interest and should never improperly confer an advantage or disadvantage on any person or act to gain financial or other material benefits for yourself, your family, a friend or close associate.

(b) Integrity: You must not place yourself under a financial or other obligation to outside individuals or organisations that might seek to influence you in the performance of your official duties.

(c) Objectivity: When carrying out your public duties you must make all choices, such as making public appointments, awarding contracts or recommending individuals for rewards or benefits, on merit.

(d) Accountability: You are accountable for your decisions to the public and you must cooperate fully with whatever scrutiny is appropriate to your office.

(e) Openness: You must be as open as possible about your decisions and actions and the decisions and actions of your authority and should be prepared to give reasons for those decisions and actions.

(f) Honesty: You must declare any private interests, both pecuniary and nonpecuniary, that relate to your public duties and must take steps to resolve any conflicts arising in a way that protects the public interest, including registering and declaring interests in a manner conforming with the procedures set out below.

(g) Leadership: You must promote and support high standards of conduct when serving in your public post, in particular as characterised by the above requirements, by leadership and example.

1.3 Under the Members’ Code of Conduct, councillors are obliged to declare pecuniary interests and non-statutory disclosable interests. However, these formal definitions do not cover every possible conflict of interest which could be encountered by county councillors in their role and this document provides additional explanation and guidance on what conflicts, arising out of specific interactions/transactions with the Council, ought to be addressed. This guidance supplements the information already provided in the Members’ Code of Conduct and Chapter D2 (Committee Procedure Rules).

1.4 This guidance:

(a) Applies to those interactions between the Council’s services and councillors when councillors are acting as private individuals but where their Council role provides an inherent risk of being perceived as gaining favourable / unfavourable consideration.

(b) Sets out the practical actions required to ensure compliance with the rules so the Council can demonstrate the highest standards of conduct have been applied.

1.5 For the avoidance of doubt this guidance applies to:

(a) All county councillors;

(b) Transactions involving the immediate family of the above (i.e. spouses or civil partners, parents and children); and

(c) Transactions where the above persons act as a representative of another individual (e.g. powers of attorney, executor, agency, etc.)

1.6 These requirements do not apply where a councillor interacts with the Council for simple, routine transactions, for example:

(a) Paying an invoice / council tax;

(b) Paying a parking fine, etc.; and

(c) Using a routine council service as a customer (e.g. parking, library facilities, etc.)

1.7 These requirements do apply where an interaction with the Council requires more than simple transactional engagement, for example:

(a) Complex services provided by the Council including social care, mental health, etc.;

(b) Dispute / disagreement of any nature (e.g. appealing a parking fine, refuting a debt, etc.); and

(c) Any service requiring an application and / or eligibility criteria, such as a tenancy.

1.8 The guidance does not apply where a councillor acts on behalf of a resident as an advocate in their role as councillor, unless such a person falls within the above categories (i.e. a friend, relative, etc.). Where the relationship to the resident could be interpreted as such, the councillor should seek advice from the Monitoring Officer.

2. Key Principles

2.1 The objectives of this guidance are to:

(a) Provide public confidence that councillors do not seek or receive inappropriate advantage or disadvantage in personal transactions with the Council;

(b) Ensure appropriate public transparency of certain transactions to maintain public confidence in Council services and the conduct of its councillors; and

(c) Ensure appropriate confidentiality to relevant transactions.

2.2 The application of this guidance will require additional scrutiny outside of normal service delivery to ensure public sector standards are upheld, but its application should ensure councillors receive the same consideration as any resident / service user, albeit with additional safeguards and transparency.

3. Process

3.1 Where a councillor interacts with the Council in respect of non-simple, non-routine transactions they should highlight this, in writing, to the Chief Executive.

3.2 The councillor should also advise the relevant Council officer handling the transaction that this process applies and that they should notify their line manager and highlight this guidance.

3.3 The Chief Executive shall, in consultation with the Monitoring Officer and Chief Internal Auditor, oversee the relevant decision, service delivery, etc. and nominate a specific senior officer to liaise and support the relevant service to progress the issue properly and to avoid delays arising from the application of this guidance.

3.4 Where the issue involves ongoing service provision/engagement with a councillor, oversight shall extend to periodic reviews of the transaction/support at least annually.

3.5 In all instances the normal transactional processes shall be applied (see item (6) below), and in addition:

(a) The Chief Executive, in consultation with the Monitoring Officer or Chief Internal Auditor, shall determine whether the decision-making processes shall be anonymised.

(b) Where the identity of the councillor is known to the service providing the decision/service support all communications between the councillor and the service shall copy the named officer as at (3) above and the Monitoring Officer;

(c) Where the identity of the councillor has not been made known to the service providing the decision/service support as per the above process;

(i) The service decision shall not be implemented until reviewed and confirmed through this process by the person(s) designated by the Chief Executive;

(ii) The decision shall be communicated to the councillor by the person(s) designated by the Chief Executive, together with any communication to confirm rights of appeal etc.

(d) Where the identity can be anonymised, the decision shall be taken and implemented with the outcome communicated to the Chief Executive. In seeking to anonymise the information, such data as is required to take an informed decision shall be provided.

3.6 The normal decision-making process shall be applied including governance structures and schemes of delegation. For clarity:

(a) If the service decision would normally be taken by an officer, that officer shall take the decision, but it shall be reviewed by that officer’s line manager.

(b) If the decision would normally be taken by a committee, that decision shall be submitted to the committee within a formal report that:

(i) Clearly sets out the relevant service criteria applicable to the decision;

(ii) Clearly sets out (but if possible anonymised) the potential undue influence that could be perceived and how the recommended decision has both:

1) Applied the relevant rules; and

2) Where necessary, mitigated against any perception of undue influence.

(iii) Contains the Chief Executive and Monitoring Officer’s recommendations.

3.7 Where, in the opinion of the Chief Executive, Monitoring Officer and Chief Internal Auditor, the normal decision-making process cannot provide the required transparency, the decision will be escalated as below. For example, where the councillor’s identity is known and that knowledge could be perceived by a reasonable person to have the potential to influence the decision.

(a) Where the decision was to be taken by officers, such decision would be escalated to a more senior officer.

(b) Where a decision cannot be escalated to a more senior officer it may be escalated to either:

(i) A relevant decision-making committee of the Council, or

(ii) A joint consideration of the matter by the Chief Executive, Monitoring Officer and Section 151 Officer. The views of the Chief Internal Auditor may also be invited.

Such decision may be taken with the exclusion of press and public where an individual’s personal information would otherwise be publicised (together with a redacted public decision paper).

(c) In all above situations the decisions (when taken) shall be:

(i) Recorded within a central register maintained by the Monitoring Officer; and

(ii) Copied to the Council’s Chief Internal Auditor and External Auditor.

3.8 If in doubt, councillors should always request guidance from either the Council’s Chief Internal Auditor or Monitoring Officer.

[Chapter F2 (Members’ Code of Conduct) was last amended on 11 February 2025]

A PDF version of this chapter is available to view or download on the CMIS section of the Council’s website, along with a PDF version of the full constitution.