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Code of Conduct
Gainsborough Town Council - Code of Conduct
For your convenience, the Code
of Conduct document is reproduced below. Click on the links
to go to the section you require.
The full document can be downloaded
HERE (PDF download).
APPENDIX 1
GAINSBOROUGH TOWN COUNCIL MEMBERS
AND CO-OPTED MEMBERS
CODE OF CONDUCT
incorporating the mandatory provisions of the Model Code of
Conduct
PART 1
GENERAL PROVISIONS
Scope
1.(1) A member must observe the authority’s code
of conduct whenever he/she
(a) conducts the business of the authority;
(b) conducts the business of the office to which he/she
has been elected or appointed; or
(c) acts as a representative of the authority and references
to a member’s official capacity shall be construed accordingly.
(2) An authority’s code of conduct shall not, apart from paragraphs
4 and 5(a) below, have effect in relation to the activities
of a member undertaken other than in an official capacity.
(3) Where a member acts as a representative of the authority
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(a) on another relevant authority, he/she must, when acting
for that other authority, comply with that other authority’s
code of conduct; or
(b) on any other body, he/she must, when acting for that
other body, comply with the authority’s code of conduct, except
and insofar as it conflicts with any other lawful obligations
to which that other body may be subject.
(4) In this code
(a), “member” includes a cop-opted member of an authority;
and
(b) “responsible authority” means a District Council or unitary
County Council which has functions in relation to the parish
councils for which it is responsible under section 55 (12)
of the Local Government Act 2000.
General Obligations
2.A member must-
(a) promote equality by not discriminating unlawfully against
any person;
(b) treat others with respect; and
(c) not do anything which compromises or which is likely
to compromise the impartiality of those who work for, or on
behalf of, the authority.
3. A member must not -
(a) disclose information given to his/her in confidence by
anyone, or information acquired which he/she believes is of
a confidential nature, without the consent of a person authorised
to give it, or unless he/she is required by law to do so;
nor
(b) prevent another person from gaining access to information
to which that person is entitled by law.
4. A member must not in his/her official capacity, or any other
circumstance, conduct himself/herself in a manner which could
reasonably be regarded as bringing his/her office or authority
into disrepute.
5. A member -
(a) must not in his/her official capacity, or any other circumstance,
use his/her position as a member improperly to confer on or
secure for himself/herself or any other person, an advantage
or disadvantage; and
(b) must, when using or authorising the use by others of
the resources of the authority, -
(i) act in accordance with the authority’s requirements;
and
(ii) 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 authority or of the office to which
the member has been elected or appointed.
6. A member must, if he/she becomes aware of any conduct by
another member which he/she reasonably believes involves a failure
to comply with the authority’s code of conduct, make a written
allegation to that effect to the Standards Board for England
as soon as it is practicable for him/her to do so.
PART 2
INTERESTS
Personal Interests
7. (1) A member must regard himself/herself as having a personal
interest in any matter if the matter related to an interest
in respect of which notification must be given under Paragraphs
12 and 13 below, or if a decision upon it might reasonably be
regarded as affecting to a greater extent than other Council
tax payers, ratepayers, or inhabitants of the authority’s area,
the well being of financial position of himself/herself, a relative
or a friend or -
(a) any employment or business carried on by such persons;
(b) any person who employs or has appointed such persons,
any firm in which they are a partner, or any company of which
they are directors;
(c) any corporate body in which such persons have a beneficial
interest in a class of securities exceeding the nominal value
of £5000; or
(d) any body listed in Sub-paragraph (a) to (e) of paragraph
13 below in which such persons hold a position of general
control or management.
(2) In this paragraph -
(a) “relative” means a spouse, partner, parent, parent-in-law,
son, daughter, step-son, step-daughter, child of a partner,
brother, sister, grandparent, grandchild, uncle, aunt, nephew,
niece, or the spouse of partner of any of the preceding persons;
and
(b) “partner” in Sub-paragraph (2)(a) above means a member
of a couple who live together.
Disclosure of Personal Interests
8. A member with a personal interest in a matter who attends
a Meeting of the authority at which the matter is considered
must disclose to that Meeting the existence and nature of that
interest at the commencement of that consideration, or when
the interest becomes apparent.
Prejudicial Interest
9. (1) Subject to Sub-paragraph (2) below, a member with a
personal interest in a matter also has a prejudicial interest
in that matter if the interest is one which a member of the
public with knowledge of the relevant facts would reasonably
regard as so significant that it is likely to prejudice the
member’s judgement of the public interest.
(2) A member may regard himself/herself as not having a prejudicial
interest in a matter if that matter relates to -
(a) another relevant authority of which he/she is a member;
(b) another public authority in which he/she holds a position
of general control or management;
(c) a body to which he/she has been appointed or nominated
by the authority as its representative;
(d) any functions of the authority in respect of statutory
sick pay under Part X1 of the Social Security Contributions
and Benefits Act 1992 where the member is in receipt of, or
is entitled to the receipt of such pay from a relevant authority;
and
(e) any functions of the authority in respect of an allowance
or payment made under sections 173 to 173A and 175 to 176
of the Local Government Act 1972 or section 18 of the Local
Government and Housing Act 1989. Participation in Relation
to Disclosed Interests
10. A member with a prejudicial interest in any matter must
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(a) withdraw from the room or chamber where a Meeting is
being held whenever it becomes apparent that the matter is
being considered at that meeting, unless he/she has obtained
a dispensation from the standards Committee of the responsible
authority; and
(b) not seek improperly to influence a decision about that
matter.
11. For the purposes of this Part, “Meeting” means any Meeting
of
(a) the authority; or
(b) any of the authority’s committees, Sub-committees, joint
committees or joint sub-committees.
PART 3
THE REGISTER OF MEMBER’ INTERESTS
Registration of Financial and Other Interests
12. Within 28 days of the provisions of an authority’s code
of conduct being adopted or applied to that authority or within
28 days of his/her election or appointment to office (if that
is later), a member must register his/her financial interests
in the authority’s register maintained under section 8(1) of
the Local Government Act 2000 by providing written notification
to the officer of the responsible authority of -
(a) any employment or business carried on by him/her;
(b) the name of the person who employs or has appointed him/her,
the name of any firm in which he/she is a partner, and the
name of any company for which he/she is a remunerated director;
(c) the name of any person, other that a relevant authority,
who has made a payment to him/her in respect of his/her election
or any expenses incurred by him/her in carrying out his/her
duties;
(d) the name of any corporate body which has a place of business
or land in the authority’s area, and in which the member has
a beneficial interest in a class of securities of that body
that exceeds the nominal value of £25,000 or one hundredth
of the total issued share capital of that body;
(e) a description of any contract for goods, services or
works made between the authority and himself/herself or a
firm in which he/she is a partner, a company of which he/she
is a remunerated director, or a body of the description specified
in sub-paragraph (d) above;
(f) the address or other description (sufficient to identify
the location) of any land in which he/she has a beneficial
interest and which is in the area of the authority:
(g) the address of other description (sufficient to identify
the location) of any land where the landlord is the authority
and the tenant is a firm in which he/she is a partner, a company
of which he/she is a remunerated director, or a body of the
description specified in Sub-paragraph (d) above; and
(h) the address or other description (sufficient to identify
the location) of any land in the authority’s area in which
he/she has a licence (alone or jointly with others) to occupy
for 28 days or longer.
13. Within 28 days of the provision of the authority’s code
of conduct being adopted or applied to that authority or within
8 days of his/her election or appointment to office (if that
is later), a member must register his/her other interests in
the authority’s Register maintained under section 81(1) of the
Local Government Act 2000 by providing written notification
to the monitoring officer of the responsible authority of his/her
membership of or position of general control or management in
any-
(a)body to which he/she has been appointed or nominated
by the authority as its representative;
(b) public authority or body exercising functions of a public
nature;
(c) company, industrial and provident society, charity, or
body directed to charitable purposes;
(d) body whose principal purposes include the influence of
public opinion or policy; and
(e) trade union or professional association.
14. A member must within 28 days of becoming aware of any change
to the interests specified under paragraphs 12 and 13 above,
provide written notification to the monitoring officer of the
responsible authority of that change.
Registration of Gifts and Hospitality
15. A member must within 28 days of receiving any gift or hospitality
over the value of £25, provide written notification to the monitoring
officer of the responsible authority of the existence and nature
of that gift or hospitality.
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