Every local authority is required to adopt a Code of Conduct that sets out rules governing the behaviour of its members. All elected, co-opted and independent members of local authorities, including parish councils, fire, police and national park authorities, are covered by the Code. There is a new Model Code of Conduct for members which was issued by the government on 4 April 2007. Each Code must include the provisions of the Model Code of Conduct approved by Parliament. Authorities can choose to add their own local rules to the Model Code if they wish, although most adopt the Model Code without additions. Authorities had until 5 May 2002 to adopt the first Model Code of Conduct issued in 2001 under the provisions of the Local Government Act 2000 . After this date the Model Code of Conduct 2001 was automatically applied to those who had not adopted the Code. Authorities now have until 1 October 2007 to adopt the revised Model Code of Conduct issued in April 2007. After 1 October, members of authorities that have not adopted the Code of Conduct 2007 will automatically be covered by it. The Code of Conduct 2001 will continue to apply until the local authority adopts the Code of Conduct 2007, or until 1 October 2007, whichever is sooner. It is intended that this Council adopt the new Code at the meeting of full Council on the 28th June 2007 as in an effort to ensure that all members are subject to the same standards across the country, the Standards Board for England have encouraged local authorities to adopt the revised Code at the first opportunity. In addition, local authorities are able to make local additions to the revised Code. However, to avoid confusion for members and the public, and to minimise inconsistency, the Standards Board’s advice is that local authorities should adopt the revised Code. The Code of Conduct cover areas of individual behaviour such as members not abusing their position or not misusing their authority's resources. In addition, there are rules governing disclosure of interest and withdrawal from meetings where members have relevant interests. Members are also required to record their financial and other interests. A full copy of the new Model Code of Conduct has previously been circulated to Members. A copy of the Standards Board’s “The Code of Conduct – Guide for Members” has also been circulated to Members but otherwise can be obtained from their website at www.standardsboard.co.uk/The Code of Conduct/Guidance. The application of paragraph 12(2) of the new Code whereby members, despite having a prejudicial interest in an item of business, may nevertheless remain in a meeting to make representations, give evidence or answer questions before withdrawing to allow the debate and vote to take place, will only apply to meetings of the Council’s Planning Committee at present as it is only in relation to this Committee where members of the public are afforded the same opportunities Members may wish to take a view as to whether “public speaking” of this nature should be extended beyond Planning Committee at the authority to allow the application of paragraph 12(2) to extend to its other Committees and sub-committees. Local authority colleagues of the author of this report have raised the issue of how this might work in practice with the Standards Board and the Communities and Local Government but have yet to receive a substantive response from either body. It is recommended that no action is taken in this regard for the time being. |