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Committee: Meeting of the Council

Agenda Item No.

10

Part One

Date: Thursday, 28th June 2007

Part Two

 

Appendix Attached

 

Report Title:

New Members’ Code of Conduct

Report by:

Liam Henry, Borough Solicitor

Ward Implications:

All

1

Summary

1.1

To adopt the revised Members’ Code of Conduct issued by Government.

2

Recommendations

2.1

To adopt the revised Model Code of Conduct for members by Council at its meeting on the 28th June 2007 in accordance with the recommendation of the Standards Committee on 12th June 2007.

3

Report

3.1

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.

4

Implications

4.1

Comments from the Council’s Section 151 Officer

 

No comments.

4.2

Comments from the Council’s Monitoring Officer

 

No comments other than in the report

4.3

Comments from the Head of Paid Service

 

None in addition to the main body of the report. However, Standards Board Members are asked to consider how the full range of Members can best become familiar with the terms of the Code of Conduct.

4.4

Local Agenda 21

 

No comments.

4.5

Equality

 

No comments.

4.6

Crime and Disorder

 

No comments.

5.0

Report Author

5.1

Liam Henry, Borough Solicitor Tel. 01289 301710, email wh@berwick-upon-tweed.gov.uk

6.0

Service Head

6.1

Liam Henry, Borough Solicitor

7.0

Background Papers

7.1

None.

 

 

 

 

 
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