RYDE TOWN COUNCIL
STANDING ORDERS
APPENDIX 7
THE CODE OF CONDUCT
Ryde Town Council - Standing Orders - Appendix 7 - The Code of Conduct - V2 May 2019
THE CODE OF CONDUCT
For members of Ryde Town Council
1.
Introduction and interpretation
a
This Code which was adopted at July 2012 meeting of the Council and
subsequently amended at the May 2014 meeting applies to you as a
member of Ryde Town Council.
b
You should read this Code together with the seven general principles
prescribed by the Localism Act 2011 as follows:
SELFLESSNESS - Holders of public office should act solely in terms of
the public interest. They should not do so in order to gain financial or other
material benefits.
INTEGRITY - Holders of public office should not place themselves under
any financial or other obligation to outside individuals or organisations that
might seek to influence them in the performance of their official duties.
OBJECTIVITY - In carrying out public business, including making public
appointments, awarding contracts, or recommending individuals for
rewards and benefits, holders of public office should make choices on
merit.
ACCOUNTABILITY - Holders of public office are accountable for their
decisions and actions to the public and must submit themselves to
whatever scrutiny is appropriate to their office.
OPENNESS - Holders of public office should be as open as possible about
all the decisions and actions that they take. They should give reasons for
their decisions and restrict information only when the wider public interest
clearly demands.
HONESTY - Holders of public office have a duty to declare any private
interests relating to their public duties and to take steps to resolve any
conflicts arising in a way that protects the public interest.
LEADERSHIP - Holders of public office should promote and support these
principles by leadership and example.
c
It is your responsibility to comply with the provisions of this Code.
d
In this Code "meeting" means any meeting of:
(a)
Ryde Town Council
(b)
Any of Ryde Town Council's committees, sub-committees, joint
committees, joint sub-committees, panels or area committees
Ryde Town Council - Standing Orders - Appendix 7 - The Code of Conduct - V2 May 2019
e
"Member" includes a co-opted member and an appointed member.
In relation to a Parish or Town council, references to an authority's
monitoring officer shall be read as references to the monitoring officer of
the Isle of Wight Council under section 55(12) of the Local Government
Act 2000.
2.
Scope
a. Subject to sub-paragraphs b to e, you must comply with this Code whenever
you:
i.
Conduct the business of Ryde Town Council (which, in this Code,
includes the business of the office to which you are elected or
appointed); or
ii.
Act, claim to act or give the impression you are acting as a representative
of Ryde Town Council, and references to your official capacity are
construed accordingly.
b. This Code does not have effect in relation to your conduct other than where
it is in your official capacity.
c. Where you act as a representative of Ryde Town Council:
i.
On another relevant authority, you must, when acting for that other
authority, comply with that other authority's code of conduct; or
ii.
On any other body, you must, when acting for that other body, comply
with Ryde Town Council’s code of conduct, except and insofar as it
conflicts with any other lawful obligations to which that other body may
be subject.
3.
General obligations
a. You must treat others with respect.
b. You must not:
i
Do anything which may cause Ryde Town Council to breach any of the
equality enactments (In particular the Equality Act 2010);
ii
Bully any person;
iii
Intimidate or attempt to intimidate any person who is or is likely to be:
1
A complainant,
2
A witness, or
Ryde Town Council - Standing Orders - Appendix 7 - The Code of Conduct - V2 May 2019
3
Involved in the administration of any investigation or proceedings,
in relation to an allegation that a member (including yourself) has
failed to comply with their Council’s code of conduct; or
iv Do anything which compromises or is likely to compromise the
impartiality of those who work for, or on behalf of Ryde Town Council.
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:
1.
Reasonable and in the public interest; and
2.
Made in good faith and in compliance with the reasonable
requirements of the authority; or
b. 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 Ryde Town Council 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 the
Ryde Town Council:
i
Act in accordance with Ryde Town Council'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.
Ryde Town Council - Standing Orders - Appendix 7 - The Code of Conduct - V2 May 2019
7.
When reaching decisions on any matter you must have regard to any relevant
advice provided to you by the Clerk to Ryde Town Council
8.
You must give reasons for all decisions in accordance with any statutory
requirements and any reasonable additional requirements imposed by the Ryde
Town Council.
9.
Register of Interests
You must complete your register of interest within 28 days of being elected and
then update your register of interests within 28 days of any event that requires
a change.
10.
Declaration of an Interest
If you have a matter due to be considered by Ryde Town Council that affects a
matter disclosed in your register of interest or your register of disclosable
pecuniary interests then you must declare that interest before the matter is
being discussed or when that interest becomes apparent.
If the matter relates to an interest in your register of pecuniary interests then
you must take no part in its consideration and if it is being considered at a
meeting of Ryde Town Council you must leave the room for that item, other than
to participate as a member of the public to express your views where public
speaking is allowed under the Council’s normal procedures. In such cases once
you have participated as a member of the public you must leave the room during
the remainder of the debate.
11.
Personal Interests
A Member has a “personal interest” in an item of business where it relates to or
is likely to affect any of the following bodies of which they are a member: a
public or charitable body, any body to which the Member has been appointed
by the authority, any political party, trade union or other body one of whose
principal purposes is to influence public opinion or policy.
A Member also has a “personal interest” in an item of business where a decision
in relation to it might reasonably be regarded as affecting the well being or
financial position of the Member, a member of the Member’s family or person
with whom they have a close association, more than other council tax payers,
ratepayers or inhabitants of the authority’s area.
A Member shall disclose a “personal interest” at a meeting of the authority,
committee or sub-committee, where the Member considers that interest to be
relevant to an item of business being considered at that meeting. The disclosure
shall be made at the commencement of the meeting, or when the interest
becomes apparent, and shall be recorded in the minutes of the meeting.
Ryde Town Council - Standing Orders - Appendix 7 - The Code of Conduct - V2 May 2019
Disclosure of a personal interest will only affect the ability of the Member to
participate in discussion or vote on the relevant item if it is also a disclosable
pecuniary interest; OR if the personal interest is so close (ie the mater directly
affects a member of your family). In either case you should exclude yourself
from the meeting.
12.
Register of Gifts and Hospitality
You must register with the Clerk any gift or hospitality exceeding a value of
£50 that you have been offered (whether accepted or not) as part of your role
as a member of Ryde Town Council.
Ryde Town Council - Standing Orders - Appendix 7 - The Code of Conduct - V2 May 2019