Code of Member Conduct

In this section:

Code of Member Conduct

8.14

The Code of Member Conduct is intended to promote high standards of behaviour amongst elected and co-opted members of Lancashire County Council.

8.15

The Code is underpinned by the Seven Principles of Public Life (the Nolan Principles), which should be adhered to when interpreting the meaning of the Code. Accordingly, when acting in your capacity as a member or co-opted member you should behave with:

a) Selflessness – You must act solely in the public interest and should never improperly confer an advantage or disadvantage on any person or act to gain financial or other material benefits for yourself, your family, a friend or close associate.

b) Integrity – You must not place yourself under a financial or other obligation to outside individuals or organisations that might seek to influence you in the performance of your official duties.

c) Objectivity – When carrying out your public duties you must make all choices, such as making public appointments, awarding contracts or recommending individuals for rewards or benefits, on merit.

d) Accountability –You are accountable for your decisions to the public and you must co-operate fully with whatever scrutiny is appropriate to your office.

e) Openness – You must be as open as possible about your decisions and actions and the decisions and actions of your authority and should be prepared to give reasons for those decisions and actions.

f) Honesty – You must declare any private interests that relate to your public duties and take steps to resolve any conflicts arising in a way that protects the public interest, including registering and declaring interests in a manner conforming with the procedures set out below.

g) Leadership – You must promote and support high standards of conduct when serving in your public post, in particular as characterised by the above requirements, by leadership and example.

8.16

In addition:

a) You must always treat people with respect, including the organisations and public you engage with and those you work alongside.

b) You must, when using or authorising the use by others of the resources of your authority, ensure that such resources are not used improperly (including for political purposes) and you must have regard to the Recommended Code of Practice for Local Authority Publicity made under the Local Government Act 1986.

c) You must behave in accordance with all our legal obligations, alongside any requirements contained within this authority’s policies, protocols and procedures, including on the use of the authority’s resources and the protocol on the use of social media.

d) You must take account of relevant advice from statutory and other professional officers, taking all relevant information into consideration, remaining objective and making decisions on merit.

Top of Page

Bullying, Harassment and Discrimination

8.17

As a councillor, you should not bully or harass any person; you should promote equalities and not discriminate unlawfully against any person.

8.18

The Advisory, Conciliation and Arbitration Service (ACAS) characterises bullying as offensive, intimidating, malicious or insulting behaviour, an abuse, or misuse of power through means that undermine, humiliate, denigrate or injure the recipient. Bullying might be a regular pattern of behaviour or a one-off incident; happen face-to-face, on social media, in emails or phone calls; happen in the workplace or at work social events; and may not always be obvious or noticed by others.

8.19

In discrimination law there are three types of harassment:

a) Harassment related to 'protected characteristics', i.e. Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation;

b) Sexual harassment; and

c) Less favourable treatment as a result of harassment.

8.20

To be harassment, the unwanted behaviour must have either:

a) Violated the person's dignity; or

b) Created an intimidating, hostile, degrading, humiliating or offensive environment for the person.

8.21

It can be harassment if the behaviour:

a) Has one of these effects even it was not intended; or

b) Intended to have one of these effects even if it did not have that effect.

8.22

By law, whether someone's behaviour counts as harassment depends on:

a) The circumstances of the situation;

b) How the person receiving the unwanted behaviour views it; and

c) If the person receiving the behaviour is 'reasonable' to view it as they do.

8.23

For more information, see the ACAS website: Harassment (acas.org.uk).

Top of Page

Registering and Declaring Disclosable Interests

8.24

You must, within 28 days of your election or appointment to office as a member or co-opted member, notify the Council’s Monitoring Officer in writing of any disclosable interests you have. Disclosable interests may be pecuniary or non-pecuniary.

8.25

You must notify the Council’s Monitoring Officer in writing within 28 days of becoming aware of any changes to a disclosable interest previously notified or of any new disclosable interest not previously notified.

8.26

If a disclosable interest, has not been entered onto the Council’s register, then you must disclose the interest to any meeting of the Council at which you are present, where you have a disclosable interest and where the matter is not a ‘sensitive interest’ (see paragraph 24 below).

8.27

Following disclosure of a disclosable interest not on the Council’s register or the subject of pending notification, you must notify the Monitoring Officer in writing of the interest within 28 days beginning with the date of disclosure.

8.28

You must disclose any disclosable interest at the beginning of any meeting or decision-making session at which a matter relevant to your interest is considered.

8.29

Unless dispensation has been granted by the Conduct Committee, you may not participate in any discussion of, vote on, remain in the room for, or discharge any Executive or non-Executive function related to any matter in which you have a disclosable pecuniary interest.

8.30

Section 34 of the Localism Act 2011 creates a number of criminal offences relating to the disclosure of pecuniary interests. It is a criminal offence if, without reasonable excuse, you:

a) Fail to notify the Monitoring Officer of any disclosable pecuniary interest within 28 days of your election or appointment as a member or co-opted member of the Council; or

b) Fail to disclose the interest at a meeting which you attend, where the interest relates to a matter to be considered, and where the interest has not been entered in the Register of Interests; or

c) In the case of an interest falling under (b), do not notify the Monitoring Officer within 28 days of the disclosure; or

d) Participate in any discussion or vote at a meeting where you have disclosed, or ought to have disclosed, a pecuniary interest (Note – dispensations apply to certain pecuniary interests which allow a member or co-opted member to participate in a discussion and vote (see paragraph 16). The Council's Monitoring Officer will advise where any such dispensation applies); or

e) As an Executive member, have a disclosable pecuniary interest in a decision which you would otherwise take and have taken any steps in relation to the matter to which the interest relates other than to enable the decision to be taken by another Executive member; or

f) Knowingly or recklessly provide information that is false or misleading in relation to any of the above matters.

8.31

A person who is guilty of such an offence is liable upon conviction to a fine (up to Level 5 – unlimited) and the person may also be disqualified from being or becoming a Member or Co-opted Member of the Council for up to five years.

Top of Page

Pecuniary Interests

8.32

Disclosable pecuniary interest means an interest of a description specified below which is your interest, your spouse’s or civil partner’s or the interest of somebody who you are living with as a husband or wife, or as if you were civil partners and you are aware that that other person has the interest.

Interest

Description

Employment, office, trade, profession or vocation

Any employment, office, trade, profession or vocation carried on for profit or gain.

Sponsorship

Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by M in carrying out duties as a member, or towards the election expenses of M.

This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

Contracts

Any contract which is made between the relevant person (or a body in which the relevant person has a beneficial interest) and the relevant authority:

a)      Under which goods or services are to be provided or works are to be executed; and

b)      Which has not been fully discharged.

Land

Any beneficial interest in land which is within the area of the relevant authority.

Licences

Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.

Corporate Tenancies

Any tenancy where (to M's knowledge):

a)    The landlord is the relevant authority; and

b)    The tenant is a body in which the relevant person has a beneficial interest.

Securities

Any beneficial interest in securities of a body where:

a)    That body (to M's knowledge) has a place of business or land in the area of the relevant authority; and

b)    Either:

(i)    The total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or

(ii)   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.

 

Top of Page

Non-Pecuniary Interests

8.33

Disclosable non-pecuniary interest means an interest of a description specified below which is your interest, your spouse’s or civil partner’s or the interest of somebody who you are living with as a husband or wife, or as if you were civil partners and you are aware that that other person has the interest.

Interest

Description

Outside Bodies

Any position of general control or management, or membership of any body, except where you have been nominated to that body by the County Council.

Gifts and Hospitality

Any person or body from whom you have received a gift or hospitality with an estimated value above £50 (see paragraphs 8.42 to 8.49)

Top of Page

Declaring Non-Pecuniary and Other Interests

8.34

Where a matter (other than a disclosable pecuniary interest) arises at a meeting which affects:

a) Your own financial interest or wellbeing;

b) A financial interest or wellbeing of a relative or close associate; or

c) A financial interest or wellbeing of a body included under non-pecuniary interests,
you must disclose the interest.

8.35

You may speak on the matter only if members of the public are also allowed to speak at the meeting. Otherwise, you must not take part in any discussion or vote on the matter and must not remain in the room unless you have been granted a dispensation. If it is a ‘sensitive interest’, you do not have to disclose the nature of the interest.

8.36

You must also have due regard to the Protocol for Dual Hatted Members [LINK] and the Guidance for Council-Appointed Directors [LINK]. In cases of uncertainty, you should seek advice from the Monitoring Officer.

Top of Page

Register of Interests

8.37

Any interests notified to the Monitoring Officer will be included in the register of interests. A copy of the register will be available for public inspection and will be published on the Council’s website.

Top of Page

Sensitive Interests

8.38

Where you consider that disclosure of the details of an interest could lead to you, or a person connected with you, being subject to violence or intimidation, and the Monitoring Officer agrees, if the interest is entered on the register, copies of the register that are made available for inspection and any published version of the register will exclude details of the interest, but may state that you have an interest, the details of which are withheld.

Top of Page

Non-Participation in Case of Pecuniary Interest

8.39

Where you have a disclosable pecuniary interest in any business of your authority:

a) You may not participate in any discussion or any vote on the matter and you must leave the room where the meeting is held while any discussion or voting takes place.

b) If the interest is not registered, you must disclose the interest to the meeting.

c) If the interest is not registered and is not the subject of a pending notification, you must notify the Monitoring Officer in writing of the interest within 28 days, for inclusion in the register of interests.

8.40

Subject to you disclosing the interest at the meeting, you may attend a meeting and vote on a matter where you have a pecuniary interest that relates to the functions of your authority in respect of:

a) Housing, where you are a tenant of a local authority provided that those functions do not relate particularly to your tenancy or lease;

b) 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;

c) 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;

d) An allowance, payment or indemnity given to members;

e) Any ceremonial honour given to members; and

f) Setting Council Tax or a precept under the Local Government Finance Act 1992.

8.41

Where, as an Executive member, you may discharge a function alone, and you become aware of a pecuniary interest in a matter being dealt with, or to be dealt with by you, you must notify the Monitoring Officer in writing of the interest and must not take any steps or further steps in the matter or seek improperly to influence a decision about the matter.

8.42

Dispensations may additionally be granted by the Conduct Committee. A member seeking a dispensation should apply, in the first instance, to the Monitoring Officer.

Top of Page

Gifts and Hospitality

8.43

Members and co-opted members must (within 28 days of receiving it) notify the Council’s Monitoring Officer in writing of any gifts or hospitality received under paragraph 1.131 above, the value of which is estimated at being over £50.

8.44

"Hospitality" is defined as accommodation, food or drink, or entertainment which is provided free of charge or at a discounted rate. The requirement applies where the gifts or hospitality is received in your capacity as a member, rather than from friends or family, and is received from any person or body other than the authority.

8.45

Your notification must also give the identity of the donor of the gift or hospitality.

8.46

You should also make a notification of an accumulation of smaller gifts or hospitality valued at £50 or less received over a period of 12 months which, when added together, are valued above £50.

8.47

If you are uncertain of the value of a gift or hospitality you should declare it. You must also notify the Monitoring Officer of offers of gifts or hospitality which have been offered but refused.

8.48

A failure to notify the Monitoring Officer of any gifts and/or hospitality over the value of £50 is a breach of the Council's Code of Member Conduct.

8.49

Any gifts or hospitality notified to the Monitoring Officer will be included on the Council's register of gifts and hospitalities, a copy of which is available for public inspection and published on the Council's website: Council – Gifts and hospitalities (lancashire.gov.uk).

8.50

However, where you consider that disclosure of the details of any gift or hospitality could lead to you, or a person connected with you, being subject to violence or intimidation the Monitoring Officer may agree to exclude from the Council's register such details as they consider appropriate and that information will not be included on the Council's register.

Top of Page

Complying with the Code of Conduct

8.51

You must undertake Code of Conduct training provided by the County Council.

8.52

You must cooperate with any Code of Conduct investigation and/or determination.

8.53

You must not intimidate or attempt to intimidate any person who is likely to be involved with the administration of any investigation or proceedings.

8.54

You must comply with any formal standards investigation and any sanction(s) imposed following a finding that you have breached the Code of Conduct.

Top of Page

Review

8.55

The Council reviews this Code of Conduct each year and regularly seeks, where possible, the views of the public, community organisations and neighbouring authorities.

Top of Page

Explanation of the Terms used in this Section

8.56

The Act means the Localism Act 2011.

Body in which the relevant person has a beneficial interest means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest.

Director includes a member of the committee of management of an industrial and provident society.

Land excludes an easement, servitude, interest or right in or over land which does not carry with it a right for the relevant person (alone or jointly with another) to occupy the land or to receive income.

M means a member of a relevant authority.

Meeting means any meeting of the Council, the Cabinet, any of the Council’s or Cabinet’s committees, sub-committees, joint committees, joint sub-committees, or area committees.

Member includes a co-opted member.

Relevant authority means the authority of which M is a member.

Relevant period means the period of 12 months ending with the day on which M gives notification for the purposes of section 30(1) or section 31(7), as the case may be, of the Act.

Relevant person means M or any other person referred to in section 30(3)(b) of the Act.

Securities means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

Top of Page

Code of Member Conduct Complaints Procedure

View information on the county council's Code of Member Conduct Complaints Procedure.

Top of Page

Protocol on the Disclosure of Confidential Information

8.58

Lancashire County Council seeks to make information it holds freely available to the public in fulfilling its responsibility for openness and accountability. In doing so, it must respect the rights of individuals. It is also in the public interest that its commercial interests are protected to the extent recognised by the Freedom of Information Act 2000.

8.59

This protocol sets out the arrangements agreed by the County Council for the treatment by councillors of confidential information.

8.60

Confidential information will be identified in one of the following ways:

a) Marked "not for publication" and include a statement that the report contains confidential or exempt information;

b) Included in Part II of an agenda for a formal meeting of the County Council; or

c) Received with a covering email, letter or other communication which indicates the document is confidential.

8.61

If you receive confidential information, you should assume that it is provided to you for your personal information and you should not disclose it to anyone unless one of the following applies:

a) Information at 4(b) will be supplied to all other members attending the meeting in question and will be shared and discussed with them. It should not however, be shared with officers and councillors who are not involved in the meeting;

b) You have the written consent of the person who provided you with the information or of the Chief Executive to the specific disclosure made;

c) You have received legal advice that you are under a legal obligation to disclose that information to a person who has requested it. The Monitoring Officer will provide advice on this point if requested; or

d) You may disclose the information if it is necessary for you to do so in order to obtain advice from a professional adviser, provided that adviser gives a binding obligation not to disclose the information themselves.

8.62

If none of the circumstances outlined in paragraph 5 apply, but you still wish to make a disclosure of confidential information, there are certain circumstances where it is lawful for you to do so. However, it is a requirement of this authority that before doing so, you seek advice from the Monitoring Officer.

Top of Page