code of conduct north west leicestershire

1

CODE OF CONDUCTNORTH WEST LEICESTERSHIRE

THE CHANGES UNDER THELOCALISM ACT 2011

North West Leicestershire District Council

2

OUTCOMES

• To update Members on the changes to the Code of Conduct as of 1 July 2012.

• To understand what are Disclosable Pecuniary Interests and how they are to be declared.

• To understand the law on Predetermination.


3

THE NEW CODE• The wording of the old Code is reflected in

the New Code.• Definitions already defined by case law -

beneficial to keep these when interpreting alleged breaches.

• A lot of the obligations have been carried over from the old Code.

• There is nothing new - underlying principles remain the same.


4

CODE OF CONDUCT

CURRENT NEW COMMENTS

Paragraph 1 This Code applies to you . Same.

Paragraph 2 This Code applies to you whenever you conduct the business of your authority, or act, claim to act, or give the impression you are acting.

Applies only when acting in the capacity of Councillor .

The Localism Act has removed the presumption of acting in the capacity and the “do you know who I am principle”.

Paragraph 3 Treating others with respect. Same.

Paragraph 4 Confidentiality. Same.

Paragraph 5 Bringing your authority into disrepute. Same, paragraph 5.1.

Paragraph 6 Using position improperly, conferring an advantage, using authority’s resources.

Obligations remain although now the new Paragraphs 5.2, 5.3, and 5.4.


5

CODE OF CONDUCTCURRENT NEW CHANGES

Paragraph 7 Regard to advice from authority’s officers. Now Paragraph 6.

Paragraph 7 imposes a duty on Members to be accountable for their decisions.

This new paragraph imposes a duty on all Members to ensure they are responsible for the conduct and behaviour shown while acting in the capacity of Councillor.

Paragraph 8 Personal InterestsParagraph 9 Disclosure of Personal interests.

Paragraph 10 Prejudicial Interests.

Personal/Prejudicial Interests are no longer applicable under the new Code of Conduct.

Paragraph 8 of the new Code relates to Disclosable Pecuniary Interests (DPI).

These are a new breed of Interests set down by Regulations which require Members to disclose and make public, their pecuniary interests.

What qualifies as a DPI is set down by Regulations.

Paragraph 13 Register of Member’s Interests.

Paragraph 8 of the new Code requires Members to disclose their Disclosable Pecuniary Interests .

This is a requirement imposed by statute and failure to notify is subject to a criminal sanction if proven.


6

CODE OF CONDUCT

CURRENT NEW CHANGES

Paragraph 9 of the new Code requires Members to disclose interests which although not Pecuniary, may affect the Member’s ability to comply with other obligations in terms of individual merit and open decision making.

Membership of groups such as “friends of associations” would fall into this category. These Interests are not subject to criminal sanction but failure to notify may result in some other sanction imposed by the Audit and Governance Committee.

Paragraph 10 grants the Monitoring Officer the Authority to grant one dispensation for one meeting only and provides the procedure for a member applying for one.

Paragraph 11 relates to Sensitive Interests.


7

DISCLOSABLE PECUNIARYINTERESTS

What are they?• Set down by Regulations

– an interest in which you or your spouse has a financial connection.

• Requirement to disclose– the Localism Act imposes a duty to disclose these interests where

they are known to you.

• Criminal sanction– Failure to disclose may result in a criminal prosecution and

sanction (up to £5,000 or 5 years disqualification).


8

DISCLOSABLE PECUNIARY INTERESTS

What are they?• Wider duty under the Code

– Duty to disclose any family member or close associate.

– Required to disclose at meeting where that interest arises.

– Requirement to leave the meeting where that interest arises.

– Breach of the code of conduct subject to sanctions.


9

CRIMINAL LIABILITY• Misconduct in Public Office

– Wilful misuse of public authority amounting to a breach of public trust.

• Prevention of Corruption -“Corruptly solicit or receive for himself or for any other person any gift, loan, fee, reward or advantage whatever as an inducement to, or reward for, or otherwise on account of any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever in which the said public body is concerned”.

Public Bodies Corrupt Practices Act 1889


10


Register of Interests• Requirement to register your interest

– On the required form provided by your member support officer.

• What goes on the form– Interests of you or your spouse.– Interests of your other family members or close associates need only be added when

they arise.

• Interests disclosed at meetings– Need to be registered within 28 days.

• Duty on the Member– It is your responsibility to ensure the interest is registered .


11


Participation in MeetingsWhere you have a Disclosable Pecuniary Interest in a matter to be determined you

MUST NOT participate in the meeting and are required to remove yourself from

the meeting.


12

DISCLOSABLE NONPECUNIARY INTERESTS

• What are they? – Interests in which you have an interest but not a financial connection.

• Requirement to disclose– When they arise.

• Participation in meetings– May remain and vote provided other Code of Conduct obligations are

not breached.

• Sanctions


13

SENSITIVE INTERESTS• Detail not required on the form

• Definition of a Sensitive Interest set down by the Localism Act 2011 Section 32(2)“The nature of the interest is such that the member or co-

opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation”

14

DISPENSATIONS• One dispensation to be granted by the

Monitoring Officer• Any subsequent dispensations to be

granted by the Audit and Governance Committee.

• Reasons for dispensations set down by the Localism Act 2011 Section 33.

15

PREDETERMINATIONThere is no longer a presumption of a closed

mind just because a Member has previously campaigned on an issue.

The Act does not allow previous statements or actions to be completely disregarded,

rather that they are not by themselves to be taken as amounting to a predetermined

mind.


16

BIAS• Actual bias automatically disqualifies a member from sitting

on the decision making body

• Includes appearance of bias from either:

- a disqualifying interest (a registered interest);

– OR

- Where a reasonably fair minded observer would conclude there is a real possibility that the member is biased


17

PRE-DETERMINATION VS PRE-DISPOSITION

• Predetermination• The “closed mind”• Where the member has come to the table having

already come to a decision, regardless of what they subsequently hear

• Predisposition• A mere inclination• Will still consider all the information with an open mind

before coming to a determination


18

BIAS, PRE-DETERMINATION AND PRE-DISPOSITION

• Don’t make up your mind too early

• Consider all the information and consider it fairly

• Have an open mind

• Decide as an individual, not a party member, as the Code of Conduct requires


19

ARRANGEMENTS• Early Member involvement• Informal Resolution• Greater Flexibility• Consultation with Parish Clerks/Chairman• Co-option of Parish Members on to Sub

Committees when dealing with Parish Council issues.

20

QUESTIONS


21

Thank You for Attending


code of conduct north west leicestershire

Documents