New Model Code of Conduct

Report: 5
Date: 28 June 2007
By: Chief Executive

Summary

The Government has introduced a new Model Code of Conduct for members of local authorities. This report invites the Standards Committee to recommend adoption of the Code to the Authority.

A. Recommendation

That the Standards Committee recommends and the Authority agrees the adoption of those provisions of the Model Code of Conduct that apply to police authorities unamended, except that the Authority’s Code should also include the non-mandatory paragraph 12(2).

As the Standards Committee meets after the full Authority agenda has been finalised, the Committee’s recommendations to the full Authority will be reported at the Authority meeting.

B. Supporting information

1. Following a consultation process the Government has issued a new Model Code of Conduct for members. This came into force on 3 May 2007. Authorities have until 1 October 2007 to adopt it, failing which it will automatically apply. Individual members must agree to abide by the Code within two months of the Code being adopted or of their appointment otherwise they cease to become members.

2. There are a number of major changes to the Code and these are summarised below:

• The definition of personal interest has been relaxed. Interests will not have to be declared if, in the case of the Metropolitan Police Authority, they are shared with most people in the Metropolitan Police District.
• Dual-hatted members and those members appointed or nominated by the authority to outside bodies will also benefit from changes to the rules regarding declaration of interests. Where a matter that affects the other body is being discussed at a meeting of the authority, those members will not be required to declare that they have a personal interest in the matter before they vote, unless they wish to speak on the matter or where the personal interest is also a prejudicial interest.
• Prejudicial interests now only arise if a matter affects a member, their family, or their close associates in the following ways:
  • It relates to their finances or well-being
  • It concerns regulatory functions such as licensing or planning which affect them
  • And a reasonable member of the public with knowledge of the facts would believe their ability to judge the public interest would be impaired
• Gifts or hospitality over the value of £25 must now be included in the member’s register of interests. This means that a personal interest must be declared at any meeting where a matter relating to that interest is discussed.
• The unlawful discrimination provision has been replaced by a duty not to do anything that causes the authority to breach its statutory duties under equality laws (including anti-discrimination laws). As a result, discriminatory behaviour can now be dealt with through the Code.
• A new provision prohibits bullying.
• Another new provision states that members must not intimidate or attempt to intimidate anyone involved in an investigation, such as a complainant or an officer involved in the conduct of an investigation.
• Subject to the enactment of the Local Government and Public Involvement in Health Bill (currently in the Commons) the Code will apply where criminal activity has been committed in a private capacity, but not in relation to other conduct which solely concern’s a member’s private life.
• The ban on disclosing confidential information has been relaxed to allow disclosure of confidential information where:
  • Disclosure is made to a third party for the purpose of obtaining professional advice (provided that person agrees not to disclose it)
  • The disclosure is reasonable and in the public interest, made in good faith, and does not breach the reasonable requirements of the authority

3. The Model Code is attached as Appendix 1. When the original Code was introduced different versions were produced for the different kinds of public authorities. However, on this occasion a single Model Code has been produced. As a consequence not all of its provisions apply to all authorities. In the copy attached those provisions which do not apply to the MPA are shown in italics. All the relevant provisions of the Model Code are mandatory, but an authority may add further provisions. However, the Standards Board for England strongly recommend that authorities adopt the Code without amendment to ensure consistency across authorities. This is seen as giving certainty to members and the public about what standards are expected and as minimising the legal risk of an authority adopting additional provisions which are unenforceable.

4. In publicising the new Code the Standards Board has drawn specific attention to para 12(2) of the Code, which states:

“Where you have a prejudicial interest in any business of your authority, you may attend a meeting (including a meeting of the overview and scrutiny committee of your authority or of a sub-committee of such a committee) but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.”

This provision is not mandatory for police authorities, the Greater London Authority, national park authorities, fire and other rescue authorities or parish and town councils. Therefore, the MPA will need to take a specific decision if the view is that it should be included in the Authority’s Code.

5. The purpose of this provision is to support local authority councillors’ role as a community advocate in those circumstances where in doing so they need to declare a prejudicial interest. It also gives them the same rights as members of the public to speak on matters that affect them personally and prejudicially. However, the important condition is that para 12(2) can only be adopted if an authority has provision in its Standing Orders that gives members of the public the same right to attend meetings to make representations etc. At present the MPA only has specific provision to enable members of the public to ask questions at meetings of the full Authority, and therefore if the Standards Committee wished to recommend inclusion of para 12(2) an amendment to Standing Orders would be necessary. Local authorities typically make provision to receive deputations, and a proposed wording is attached as Appendix 2.

6. This provision is in some ways more relevant to local authorities than to organisations like the MPA. Planning applications are one example where a councillor might wish to speak against or in support of an application on behalf of constituents in his/her ward but would be prevented from doing so if the application also affected him/her prejudicially. There are fewer such situations with police authority business but there has been at least one occasion where a member had a prejudicial interest but would have wished to speak in support of a proposal on behalf of a community of interests. In representing community views from their boroughs link members may also be placed in a prejudicial position (for instance the development or closure of a police facility may affect the value of their property if they live nearby).

7. The Committee is asked to decide whether to recommend the inclusion of para 12(2) in the MPA’s Code, with a consequential addition to Standing Orders.

8. The Model Code does not incorporate the Ten General Principles of Public Life – attached as Appendix 3 - although para 1(2) of the Code requires members to read the Code and the general principles. Although members are not legally obliged to follow these principles a failure to do so may indicate behaviour that could potentially breach the Code. For this reason it is recommended that the General Principles should be appended to the MPA’s Code of Conduct with the preamble shown in appendix 2.

9. Once the MPA has adopted its new Code all members will be asked to sign an undertaking to abide by it. The Standards Board for England are producing guidance for members on the new Code and this will be copied to members. Thought will also be given as to what MPA-specific guidance should be produced and what further steps can be taken to promote the Code.

C. Race and equality impact

The Government’s review of the Code of Conduct involved extensive consultation with a wide range of organisations and equalities issues formed an important element of this. The Code places specific obligations on members in respect of equality and anti-discrimination law, but equalities considerations are also evident, for instance, in the requirements to treat people with respect and the anti-intimidation and bullying provisions.

D. Financial implications

None.

D. Background papers

None

E. Contact details

Report author: Simon Vile, MPA.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

The Model Code of Conduct

Part 1 - General provisions

Introduction and interpretation

1. (1) This Code applies to you as a member of an authority.

(2) You should read this Code together with the general principles prescribed by the Secretary of State, which are attached as an appendix to this Code.

(3) It is your responsibility to comply with the provisions of this Code.

(4) In this Code—

"meeting" means any meeting of—

1. the authority;
2. the executive of the authority;
3. any of the authority's or its executive's committees, sub-committees, joint committees, joint sub-committees, or area committees;

"member" includes a co-opted member and an appointed member.

(5) In relation to a parish council, references to an authority's monitoring officer and an authority's standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000.

Scope

2. (1) Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you—

1. conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
2. act, claim to act or give the impression you are acting as a representative of your authority,
   and references to your official capacity are construed accordingly.

(2) Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.

(3) In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.

(4) Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).

(5) Where you act as a representative of your authority—

1. on another relevant authority, you must, when acting for that other authority, comply with that other authority's code of conduct; or
2. on any other body, you must, when acting for that other body, comply with your authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

General obligations

3. (1) You must treat others with respect.

(2) You must not—

1. do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006);
2. bully any person;
3. intimidate or attempt to intimidate any person who is or is likely to be—
   1. a complainant,
   2. a witness, or
   3. involved in the administration of any investigation or proceedings,

in relation to an allegation that a member (including yourself) has failed to comply with his or her authority's code of conduct; or

4. do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.

(3) In relation to police authorities and the Metropolitan Police Authority, for the purposes of sub-paragraph (2)(d) those who work for, or on behalf of, an authority are deemed to include a police officer.

4. You must not—

1. disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—
   1. you have the consent of a person authorised to give it;
   2. you are required by law to do so;
   3. the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
   4. the disclosure is—
      (aa) reasonable and in the public interest; and
      (bb) made in good faith and in compliance with the reasonable requirements of the authority; or
2. prevent another person from gaining access to information to which that person is entitled by law.

5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.

6. You—

1. must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and
2. must, when using or authorising the use by others of the resources of your authority—
   1. act in accordance with your authority's reasonable requirements;
   2. ensure that such resources are not used improperly for political purposes (including party political purposes); and
3. must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986].

7. (1) When reaching decisions on any matter you must have regard to any relevant advice provided to you by—

1. your authority's chief finance officer; or
2. your authority's monitoring officer, where that officer is acting pursuant to his or her statutory duties.

(2) You must give reasons for all decisions in accordance with any statutory requirements and any reasonable additional requirements imposed by your authority.

Part 2 - interests

Personal interests

8. (1) You have a personal interest in any business of your authority where either—

1. it relates to or is likely to affect—
   1. any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
   2. any body—
      (aa) exercising functions of a public nature;
      (bb) directed to charitable purposes; or
      (cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union), of which you are a member or in a position of general control or management;
   3. any employment or business carried on by you;
   4. any person or body who employs or has appointed you;
   5. any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties;
   6. any person or body who has a place of business or land in your authority's area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower);
   7. any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi);
   8. the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25;
   9. any land in your authority's area in which you have a beneficial interest;
   10. any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant;
   11. any land in the authority's area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or
2. a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of—
   1. (in the case of authorities with electoral divisions or wards) other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision;
   2. (in the case of the Greater London Authority) other council tax payers, ratepayers or inhabitants of the Assembly constituency affected by the decision; or
   3. (in all other cases) other council tax payers, ratepayers or inhabitants of your authority's area.

(2) In sub-paragraph (1)(b), a relevant person is—

1. a member of your family or any person with whom you have a close association; or
2. any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
3. any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or
4. any body of a type described in sub-paragraph (1)(a)(i) or (ii).

Disclosure of personal interests

9. (1) Subject to sub-paragraphs (2) to (7), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

(2) Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.

(3) Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting.

(4) Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest.

(5) Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority's register of members' interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.

(6) Subject to paragraph 12(1)(b), where you have a personal interest in any business of your authority and you have made an executive decision in relation to that business, you must ensure that any written statement of that decision records the existence and nature of that interest.

(7) In this paragraph, "executive decision" is to be construed in accordance with any regulations made by the Secretary of State under section 22 of the Local Government Act 2000.

Prejudicial interest generally

10. (1) Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where 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 your judgement of the public interest.

(2) You do not have a prejudicial interest in any business of the authority where that business—

1. does not affect your financial position or the financial position of a person or body described in paragraph 8;
2. does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or
3. relates to the functions of your authority in respect of—
   1. housing, where you are a tenant of your authority provided that those functions do not relate particularly to your tenancy or lease;
   2. school meals or school transport and travelling expenses, where you are a parent or guardian of a child in full time education, or are a parent governor of a school, unless it relates particularly to the school which the child attends;
   3. statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
   4. an allowance, payment or indemnity given to members;
   5. any ceremonial honour given to members; and
   6. setting council tax or a precept under the Local Government Finance Act 1992.

Prejudicial interests arising in relation to overview and scrutiny committees

11. You also have a prejudicial interest in any business before an overview and scrutiny committee of your authority (or of a sub-committee of such a committee) where—

1. that business relates to a decision made (whether implemented or not) or action taken by your authority's executive or another of your authority's committees, sub-committees, joint committees or joint sub-committees; and
2. at the time the decision was made or action was taken, you were a member of the executive, committee, sub-committee, joint committee or joint sub-committee mentioned in paragraph (a) and you were present when that decision was made or action was taken.

Effect of prejudicial interests on participation

12. (1) Subject to sub-paragraph (2), where you have a prejudicial interest in any business of your authority—

1. you must withdraw from the room or chamber where a meeting considering the business is being held—
   1. in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence;
   2. in any other case, whenever it becomes apparent that the business is being considered at that meeting;
      unless you have obtained a dispensation from your authority's standards committee;
2. you must not exercise executive functions in relation to that business; and
3. you must not seek improperly to influence a decision about that business.

(2) Where you have a prejudicial interest in any business of your authority, you may attend a meeting (including a meeting of the overview and scrutiny committee of your authority or of a sub-committee of such a committee) but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.

Part 3 - Registration of members' interests

Registration of members' interests

13. (1) Subject to paragraph 14, you must, within 28 days of—

1. this Code being adopted by or applied to your authority; or
2. your election or appointment to office (where that is later), register in your authority's register of members' interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a), by providing written notification to your authority's monitoring officer.

(2) Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority's monitoring officer.

Sensitive information

14. (1) Where you consider that the information relating to any of your personal interests is sensitive information, and your authority's monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to that interest under paragraph 13.

(2) You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is no longer sensitive information, notify your authority's monitoring officer asking that the information be included in your authority's register of members' interests.

(3) In this Code, "sensitive information" means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation.

Appendix 2

Deputations to the Authority, Committees or Sub-Committees

Deputations may address meetings with the prior agreement of the Chair. Where a committee has not established its own rules for dealing with deputations the following rules will apply:-

1. Requests for a deputation must be made in writing to the Chief Executive not less than ten working days before the meeting. The Chief Executive, in consultation with the Chair, has the authority to waive this requirement if, for instance, the deputation is in response to an item on the agenda published in the week before the meeting. The request must outline the issue that the deputation wishes to address.
2. The Chief Executive will determine the most appropriate forum – the Authority or one of its committees - to receive the deputation.
3. The subject matter of deputations must be relevant to the Authority’s business, functions or responsibilities.
4. No more than two deputations may be heard at any meeting. If more apply the first two received will be entitled to present their case.
5. Five people is the maximum number for a deputation. Of these five, two may speak for up to a total of ten minutes.
6. Members may ask questions of the people who have spoken or of other members of the deputation.

Appendix 3

The ten general principles of public life

These principles define the standards that members should uphold. They do not create a statutory obligation for members but you should be aware that a failure to act in accordance with these general principles may amount to a breach of the Code of Conduct.

1. Selflessness – members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.
2. Honesty and integrity – members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly, and should on all occasions avoid the appearance of such behaviour.
3. Objectivity – members should make decisions on merit, including when making appointments, awarding contracts, or recommending individuals for rewards or benefits.
4. Accountability – members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.
5. Openness – members should be as open as possible about their actions and those of their authority, and should be prepared to give reasons for those actions.
6. Personal judgement – members may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions.
7. Respect for others – members should promote equality by not discriminating
   unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of the authority’s statutory officers and its other employees.
8. Duty to uphold the law – members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them.
9. Stewardship – members should do whatever they are able to do to ensure that their authorities use their resources prudently, and in accordance with the law.
10. Leadership – members should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.

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