You are a member or co-opted member of Farningham Parish Council and hence you shall have regard to the following principles – selflessness, integrity, objectivity, accountability, openness, honesty and leadership.
Accordingly, when acting in your capacity as a member or co-opted member -
You must, within 28 days of taking office as a member or co-opted member, notify the monitoring officer of any disclosable pecuniary interest as defined by regulations made by the Secretary of State and set out in Schedule A appended to this Code, where the pecuniary interest is yours, your spouse’s or civil partner’s, or is the pecuniary interest of somebody with whom you are living with as a husband or wife, or as if you were civil partners.
In addition, you must, as a member or co-opted member, notify the Monitoring Officer at Sevenoaks District Council of any additional disclosable pecuniary or non-pecuniary interest as identified in Schedule A or Schedule B, appended to this Code within 28 days of becoming aware of them
If an interest has not been entered onto the authority’s register, then the member must disclose the interest to any meeting of the authority at which they are present, where they have a disclosable interest in any matter being considered and where the matter is not a ‘sensitive interest’.*
Following any disclosure of an interest not on the authority’s register or the subject of pending notification, you must notify the Monitoring Officer of the interest within 28 days beginning with the date of disclosure.
Unless a dispensation has been granted, you may not participate in any discussion of, vote on, or discharge any function related to any matter in which you have a pecuniary interest as defined by regulations made by the Secretary of State (DPI) and set out in Schedule A. Additionally you must withdraw from the meeting room, including the public gallery, during the whole consideration of any item of business in which you have a pecuniary interest as defined by regulations made by the Secretary of State (DPI) as set out in Schedule A. If you have a non-pecuniary interest as set out in Schedule B, you may participate in the discussion relating to this interest, but may not vote on the matter.
* A ‘sensitive interest’ is described in the Localism Act 2011 as a member or co-opted member of an authority having an interest, and the nature of the interest being such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation.
Disclosable Pecuniary Interests, as prescribed by The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No 1464) are as follows:
The descriptions on Disclosable Pecuniary Interests are subject to the following definitions:
“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 the relevant authority
“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 a 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 (the Member’s spouse, civil partner, or somebody with whom they are living as a husband or wife, or as if they were civil partners).
“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.
Employment, office, trade, profession or vacation
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 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.
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.
Any beneficial interest in land which is within the area of the relevant authority.
Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer.
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.
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.
In accordance with section 34 of the Localism Act 2011, it is a criminal offence if, without reasonable excuse, you:
An interest which relates to or is likely to affect:
(i) any body of which the member is in a position of general control or management and to which he/she is appointed or nominated by the Council;
(ii) any body—
(a) exercising functions of a public nature;
(b) directed to charitable purposes; or
(c) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union)
of which the member of the Council is a member or in a position of general control or management;
(iii) any gifts or hospitality worth more than an estimated value of £50 or more which the member has received by virtue of his or her office.