C1- Members’ Code of Conduct - Newmarket Town Council

Adopted by Council on 28^th May 2019.

This version supersedes the version of the Code adopted on 23rd July 2012, in that it updates the definition of the 7 principles of life.

Suffolk Local Code of Conduct for Members

In accordance with S 26 to 37 of the Localism Act 2011 on 25^th September 2017, Newmarket Town Council (the Council) resolved to adopt the Suffolk Local Code of Conduct for the purposes of discharging its duty to promote and maintain high standards of conduct within its area.

Until otherwise amended or replaced by a decision of the Council, the Suffolk Local Code of Conduct set out below shall hereafter apply to all elected members and any co-opted members entitled to vote on any decisions of the council or its committees, sub committees or joint committees when acting in their capacity as a member of the Council.

Preamble

The Suffolk Local Code of Conduct shall be interpreted in accordance with the following 7 principles of public life identified by the Committee on Standards in Public Life chaired by Lord Nolan (Updated definitions):

Selflessness – Councillors should act solely in terms of the public interest.

Integrity – Councillors 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 declare and resolve any interests and relationships.

Objectivity – Councillors must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

Accountability – Councillors are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

Openness – Councillors 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.

Honesty – Councillors should be truthful.

Leadership – Councillors 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.

SUFFOLK LOCAL CODE OF CONDUCT

You must treat others with respect.
You must not —

(1) do anything which may cause your council to breach any of the Council’s duties under the

Equality Act 2010.

(2) bully any person;

(3) intimidate or attempt to intimidate any person who is or is likely to be—

(a) a complainant,

(b) a witness, or

allegation that a member (including yourself) has failed to comply with his or her

council’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 council.

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—

(a) you have the consent of a person authorised to give it;

(b) you are required by law to do so;

provided that the third party agrees not to disclose the information to any other person;

(d) the disclosure is reasonable, in the public interest, made in good faith and in

compliance with the reasonable requirements of the council; or

(2) prevent another person from gaining access to information to which that person is

entitled by law

You must not conduct yourself in a manner which could reasonably be regarded as bringing

your office or council into disrepute.

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 council—

(a) act in accordance with your council’s reasonable requirements;

(b) 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.

(1) When reaching decisions on any matter you must have regard to any relevant advice

provided to you by—

(a) your council’s chief finance officer; or

(b) your council’s monitoring officer,

(d) any other 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 council.

Registration of interests

7.1. You must register within 28 days of becoming a member of the Council (and notify the

Council’s Monitoring Officer of any changes within 28 days) any Disclosable Pecuniary

Interests (DPIs) you may have for publication in the Register of Members’ Interests.

(See Appendix A to this Code.)

7.2. You may not at any time discharge any function or participate in any Council business or

discussions, or vote on any issues that relate to or concern any of your DPIs where you are

aware that you have a relevant DPI. You may not remain in the chamber or meeting room or

in the public gallery when any matter that relates to any of your DPI is under discussion or

debate unless you have requested and obtained a written dispensation from your Council’s

Monitoring Officer in advance of the relevant meeting.

7.3. You must register within 28 days of becoming a member of the Council (and notify the your

Council’s Monitoring Officer of any changes within 28 days) any non statutory Local Non

Pecuniary Interests (LNPIs) set out in Appendix A to this code but you may participate in

any discussions or debates relating to or concerning any of your LNPIs after the date of

registration.

7.4. You must declare any DPIs or LNPIs to a meeting where business is relevant to those

interests, including those interests that are already registered with the Monitoring Officer or

where registration is pending.

7.5. You must register, within 28 days, any gifts and hospitality received by you in accordance

with the instructions issued within your Council and agreed by the Monitoring Officer.

7.6. The Council’s Register of Interests will be available for inspection at the Council offices

during normal office hours, and will be published on the Council’s website.

Sensitive Interests

You may also apply to your Council’s Monitoring officer for non publication of the full details

of any of your DPIs or LNPIs where you reasonably believe that publication of the details of a

particular DPI or LNPI could result in your being subjected to violence or intimidation. In

considering such applications the Monitoring Officer shall have regard to any representations

made by you in determining whether he or she considers the relevant DPI or LNPI should be

treated as a Sensitive Interest and excluded from the published version of the Register of

Members’ Interests.

Appendix A

Part 1

Description of categories of Disclosable Pecuniary Interests

You have a Disclosable Pecuniary Interest in any business of the Council if it is of a description set out in 1 – 7 below and is either:

(a) An interest of yours

(b) An interest of your spouse or civil partner

and, in the case of paragraphs (b) and (c), you are aware that they have the interest.

In these descriptions, the term “relevant person” is used to mean you as member and any such person as set out in paragraphs (b) and (c)

Any employment, office, trade, profession or vocation carried on for profit or gain.
Any payment or provision of any other financial benefit (other than from the Council) made or provided within the relevant period in respect of any expenses incurred in carrying out your duties as a member, or towards your election expenses. This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 other than from a registered political party.
Any beneficial interest in securities of a body where –

(1) that body (to your knowledge) has a place of business or land in the area of the Council

and

(2) either:

(a) the total nominal value of the securities exceeds £25,000 or one hundredth of the

total issued share capital of that body; or

(b) if the share capital of that body is of more than one class, the total nominal value of

the shares of any one class in which the relevant person has a beneficial interest

exceeds one hundredth of the total issued share capital of that class.

Any contract which is made between the relevant person, or a body in which they have a

beneficial interest, and the Council –

(1) under which goods or services are to be provided or works are to be executed; and

(2) which has not been fully discharged.

Any beneficial interest in any land in the Council’s area.
Any tenancy where to your knowledge (a) the landlord is the Council and (b) the tenant is a body in which a relevant person has a beneficial interest.
Any licence (alone or jointly with others) to occupy land in the Council’s area for a month or longer.

Part 2

Description of categories of Local Non Pecuniary Interests

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 the Council;
Any body –

(a) exercising functions of a public nature;

(b) directed to charitable purposes; or

(including any political party or trade union);

of which you are a member or in a position of general control or management;

Any person from whom you have received a gift or hospitality with an estimated value of at least £25.

Guidance note added by Newmarket Town Council.

A Councillor is likely to have a “Local Non Pecuniary Interest” in any business of the Council where it is not a Disclosable Pecuniary Interest but either:

a decision in relation to that business might reasonably be regarded as affecting the well-being or financial position of the Councillor; a member of the Councillor’s family; or any person with whom they have a close association, to a greater extent than it would affect the majority of other council tax payers, ratepayers or inhabitants of the electoral ward for which the Councillor has been elected; or
it relates to or is likely to affect any of the interests listed in the table of Disclosable Pecuniary Interests set out in Appendix A, but in respect of a member of the Councillor’s family (other than a Relevant Person) or of any person with whom they have a close association.

Planned Review Date: May 2020 or if the Suffolk Model is reviewed before this.

Next revision June 2021