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.
(3) It is your responsibility to comply with the provisions of this Code.
(4) In this Code:
"meeting" means any meeting of:
(a) the authority;
(b) any of the authority's committees, sub-committees, joint committees, joint
sub-committees;
"member" includes a co-opted member and an appointed member.
“a member of your family” should be given a very wide meaning. It includes
a partner (someone you are married to, your civil partner, or someone you live
with in a similar capacity), a parent, a parent-in-law, a son or daughter, a
stepson or stepdaughter, the child of a partner, a brother or sister, a brother or
sister of your partner, a grandparent, a grandchild, an uncle or aunt, a nephew
or niece, and the partners of any of these people.
Scope
2. (1) Subject to sub-paragraphs (2) to (5), you must comply with this Code
whenever you:
(a) conduct the business of your authority (which, in this Code, includes the
business of the office to which you are elected or appointed); or
(b) 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:
(a) on another relevant authority, you must, when acting for that other
authority, comply with that other authority's code of conduct; or
(b) 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:
(a) do anything which may cause your authority to breach any of the
equality enactments (as defined in section 33 of the Equality Act 2006;
(b) bully any person;
(c) intimidate or attempt to intimidate any person who is or is likely to be:
(i) a complainant,
(ii) a witness, or
(iii) 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
(d) do anything which compromises or is likely to compromise the impartiality
of those who work for, or on behalf of, your authority.
4. You must not:
(a) 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:
(i) you have the consent of a person authorised to give it;
(ii) you are required by law to do so;
(iii) 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
(iv) 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
(cc) 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:
(a) 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
(b) must, when using or authorising the use by others of the resources of your
authority:
(i) act in accordance with your authority's reasonable requirements;
(ii) ensure that such resources are not used improperly for political purposes
(including party political purposes); and
(c) 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:
(a) your authority's chief finance officer; or
(b) 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.
