2022 Councillor Code of Conduct agreed

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Somerset City Town and Parish Councils

Code of Conduct
(Agreed by North Petherton Town Council 16 May 2022)
Introduction
The Local Government Association (LGA) has developed this Model Councillor Code of
Conduct, in association with key partners and after extensive consultation with the sector,
as part of its work on supporting all tiers of local government to continue to aspire to high
standards of leadership and performance. It is a template for councils to adopt in whole
and/or with local amendments.
All councils are required to have a local Councillor Code of Conduct.
The LGA will undertake an annual review of this Code to ensure it continues to be fit- forpurpose, incorporating advances in technology, social media and changes in legislation. The
LGA can also offer support, training and mediation to councils and councillors on the
application of the Code and the National Association of Local Councils (NALC) and the
county associations of local councils can offer advice and support to city, town and parish
councils.

Definitions
For the purposes of this Code of Conduct, a “councillor” means a member or co-opted
member of a local authority. A “co-opted member” is defined inthe Localism Act 2011
Section 27(4) as “a person who is not a member of the authority butwho

a) is a member of any committee or sub-committee of the authority, or;
b) is a member of, and represents the authority on, any joint committee or joint subcommittee of the authority;
and who is entitled to vote on any question that falls to be decided at any meeting of that
committee or sub-committee”.
For the purposes of this Code of Conduct, “local authority” includes county councils, district
councils, London borough councils, parish councils, city and town councils, fire and rescue
authorities, police authorities, joint authorities, economic prosperity boards, combined
authorities and National Park authorities.

Purpose of the Code of Conduct
The purpose of this Code of Conduct is to assist you, as a councillor, in modelling the
behaviour that is expected of you, to provide a personal check and balance, and to set out
the type of conduct that could lead to action being taken against you. It is also to protect
you, the public, fellow councillors, local authority officers and the reputation of local
government. It sets out general principles of conduct expected of all councillors and your
specific obligations in relation to standards of conduct. The LGA encourages the use of
support, training and mediation prior to action being taken using the Code. The
fundamental aim of the Code is to create and maintain public confidence in the role of
councillor and local government.

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General principles of councillor conduct
Everyone in public office at all levels; all who serve the public or deliver public services,
including ministers, civil servants, councillors and local authority officers; should uphold
the Seven Principles of Public Life, also known as the Nolan Principles.
Building on these principles, the following general principles have been developed
specifically for the role of councillor.
In accordance with the public trust placed in me, on all occasions:

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I act with integrity and honesty
I act lawfully
I treat all persons fairly and with respect; and
I lead by example and act in a way that secures public confidence in the role of
councillor.

In undertaking my role:

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I impartially exercise my responsibilities in the interests of the local community
I do not improperly seek to confer an advantage, or disadvantage, on any
person
I avoid conflicts of interest
I exercise reasonable care and diligence; and
I ensure that public resources are used prudently in accordance with my local
authority’s requirements and in the public interest.

Application of the Code of Conduct
This Code of Conduct applies to you as soon as you sign your declaration of acceptance of
the office of councillor or attend your first meeting as a co-opted member and continues to
apply to you until you cease to be a councillor.
This Code of Conduct applies to you when you are acting in your capacity as a councillor
which may include when:
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you misuse your position as a councillor

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Your actions would give the impression to a reasonable member of the public with
knowledge of all the facts that you are acting as a councillor;

The Code applies to all forms of communication and interaction, including:

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at face-to-face meetings

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at online or telephone meetings

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in written communication

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in verbal communication

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in non-verbal communication

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in electronic and social media communication, posts, statements and
comments.

You are also expected to uphold high standards of conduct and show leadership at all times
when acting as a councillor.
Your Monitoring Officer has statutory responsibility for the implementation of the Code of
Conduct, and you are encouraged to seek advice from your Monitoring Officer on any
matters that may relate to the Code of Conduct. Town and parish councillors are
encouraged to seek advice from their Clerk, who may refer matters to the Monitoring
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Officer. The Monitoring Officer will be able to advise on any matters that relate to the Code of Conduct.
Standards of councillor conduct
This section sets out your obligations, which are the minimum standards of conduct required of
you as a councillor. Should your conduct fall short of these standards, a complaint may be
made against you, which may result in action being taken.
Guidance is included to help explain the reasons for the obligations and how they should be
followed.
General Conduct

1. Respect
As a councillor:

1.1 I treat other councillors and members of the public with respect.
1.2 I treat local authority employees, employees and representatives of partner
organisations and those volunteering for the local authority with respect and
respect the role they play.
Respect means politeness and courtesy in behaviour, speech, and in the written word.
Debate and having different views are all part of a healthy democracy. As a councillor, you
can express, challenge, criticise and disagree with views, ideas, opinions and policies in a
robust but civil manner. You should not, however, subject individuals, groups of people or
organisations to personal attack.
In your contact with the public, you should treat them politely and courteously. Rude and
offensive behaviour lowers the public’s expectations and confidence in councillors.
In return, you have a right to expect respectful behaviour from the public. If members of the
public are being abusive, intimidatory or threatening you are entitled to stop any
conversation or interaction in person or online and report them to the local authority, the
relevant social media provider or the police. This also applies to fellow councillors, where
action could then be taken under the Councillor Code of Conduct.

2. Bullying, harassment and discrimination
As a councillor:

2.1 I do not bully any person.
2.2 I do not harass any person.
2.3 I promote equalities and do not discriminate unlawfully against any
person.
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.
The Protection from Harassment Act 1997 defines harassment as conduct that causes
alarm or distress or puts people in fear of violence and must involve such conduct on at least
two occasions. It can include repeated attempts to impose unwanted communications and

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contact upon a person in a manner that could be expected to cause distress or fear in any
reasonable person.
Unlawful discrimination is where someone is treated unfairly because of a protected
characteristic. Protected characteristics are specific aspects of a person's
identity defined by the Equality Act 2010. They are age, disability, gender reassignment,
marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and
sexual orientation.
The Equality Act 2010 places specific duties on local authorities. Councillors have a central
role to play in ensuring that equality issues are integral to the local authority's performance
and strategic aims, and that there is a strong vision and public commitment to equality
across public services.

3. Impartiality of officers of the council
As a councillor:

3.1 I do not compromise, or attempt to compromise, the impartiality of
anyone who works for, or on behalf of, the local authority.
Officers work for the local authority as a whole and must be politically neutral. They should
not be coerced or persuaded to act in a way that wouldundermine their neutrality. You can
question officers in order to understand, for example, their reasons for proposing to act in a
particular way, or the content of a report that they have written. However, you must not try
and force them to act differently, change their advice, or alter the content of that report, if
doing so would prejudice their professional integrity.

4. Confidentiality and access to information
As a councillor:

4.1 I do not disclose information:
a. given to me in confidence by anyone
b. acquired by me which I believe, or ought reasonably to be
aware, is of a confidential nature, unless
i. I have received the consent of a person authorised to give it;
ii. I am required by law to do so;
iii. the disclosure is made to a third party for the purpose of
obtaining professional legal 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 local authority; and
3. I have consulted the Monitoring Officer prior to its
release.

4.2 I do not improperly use knowledge gained solely as a result of my role as a
councillor for the advancement of myself, my friends, my family members,
my employer or my business interests.

4.3 I do not prevent anyone from getting information that they are entitled to by
law.

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Local authorities must work openly and transparently, and their proceedings and printed
materials are open to the public, except in certain legally defined circumstances. You should
work on this basis, but there will be times when it is required by law that discussions,
documents and other information relating to or held by the local authority must be treated in
a confidential manner. Examples include personal data relating to individuals or information
relating to ongoing negotiations.

5. Disrepute
As a councillor:

5.1 I do not bring my role or local authority into disrepute.
As a Councillor, you are trusted to make decisions on behalf of your community and your
actions and behaviour are subject to greater scrutiny than that of ordinary members of the
public. You should be aware that your actions might have an adverse impact on you, other
councillors and/or your local authority and may lower the public’s confidence in your or your
local authority’s ability to discharge your/its functions. For example, behaviour that is
considered dishonest and/or deceitful can bring your local authority into disrepute.
You are able to hold the local authority and fellow councillors to account and are able to
constructively challenge and express concern about decisions and processes undertaken by
the council whilst continuing to adhere to other aspects of this Code of Conduct.

6. Use of position
As a councillor:

6.1 I do not use, or attempt to use, my position improperly to the advantage or
disadvantage of myself or anyone else.
Your position as a member of the local authority provides you with certain opportunities,
responsibilities, and privileges, and you make choices all the time that will impact others.
However, you should not take advantage of these opportunities to further your own or
others’ private interests or to disadvantage anyone unfairly.

7. Use of local authority resources and facilities
As a councillor:

7.1 I do not misuse council resources.
7.2 I will, when using the resources of the local authority or authorising their use
by others:
act in accordance with the local authority's requirements; and
ensure that such resources are not used for political purposes unless
that use could reasonably be regarded as likely to facilitate, or be
conducive to, the discharge of the functions of the local authority or of
the office to which I have been elected or appointed.

a.
b.

You may be provided with resources and facilities by the local authority to assist you in
carrying out your duties as a councillor.
Examples include:

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office support
stationery
equipment such as phones, and computers
transport
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access and use of local authority buildings and rooms.

These are given to you to help you carry out your role as a councillor more effectively and
are not to be used for business or personal gain. They should be used in accordance with
the purpose for which they have been provided and the local authority’s own policies
regarding their use.
7B Consideration of advice
As a councillor:
7B.1 I will, when reaching decisions on any matter, consider and pay due regard to any relevant
advice provided to me by the Council’s Responsible Finance Officer in accordance with their legal
requirements.
7B.2 I will give reasons for departing from the advice of the Responsible Finance Officer
It is extremely important for you as a councillor to have regard to advice from your
Responsible Finance Officer where they give that advice under their statutory duties. As a
councillor you must give reasons for all decisions in accordance with any legal requirements
and any reasonable requirements imposed by your local authority.

8. Complying with the Code of Conduct
As a Councillor:

8.1 I will undertake Code of Conduct training provided by my local County Association
(SALC) or by the Monitoring Officer.

8.2 I do not make trivial or malicious complaints against other councillors.
8.3 I cooperate with any Code of Conduct investigation and/or
determination.

8.4 I do not intimidate or attempt to intimidate any person who is likely to be
involved with the administration of any investigation or proceedings
including the complainant and any witnesses.

8.5 I comply with any sanction imposed on me following a finding that I
have breached the Code of Conduct.
It is extremely important for you as a councillor to demonstrate high standards, for you to
have your actions open to scrutiny and for you not to undermine public trust in the local
authority or its governance. If you do not understand or are concerned about the local
authority’s processes in handling a complaint you should raise this with your Monitoring
Officer.
Protecting your reputation and the reputation of the local authority

9. Interests
As a
councillor:

9.1 I register and disclose my interests.
Section 29 of the Localism Act 2011 requires the Monitoring Officer to establish and
maintain a register of interests of members of the authority.
You need to register your interests so that the public, local authority employees and fellow
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councillors know which of your interests might give rise to a conflict of interest. The register is
a public document that can be consulted when (or before) an issue arises. The register
also protects you by allowing you to demonstrate openness and a willingness to be held
accountable. You are personally responsible for deciding whether or not you should
disclose an interest in a meeting, but it can be helpful for you to know early on if others think
that a potential conflict might arise. It is also important that the public know about any
interest that might have to be disclosed by you or other councillors when making or taking
part in decisions, so that decision making is seen by the public as open and honest. This
helps to ensure that public confidence in the integrity of local governance is maintained.
You should note that failure to register or disclose a disclosable pecuniary interest as set
out in Table 1, is a criminal offence under the Localism Act 2011.
Appendix B sets out the detailed provisions on registering and disclosing interests. If in
doubt, you should always seek advice from your Clerk or the Monitoring Officer.

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10. Gifts and hospitality
As a councillor:

10.1

I do not accept gifts or hospitality, irrespective of estimated value, which
could give rise to real or substantive personal gain or a reasonable
suspicion of influence on my part to show favour from persons seeking to
acquire, develop or do business with the local authority or from persons
who may apply to the local authority for any permission, licence or other
significant advantage.

10.2

I register with the Monitoring Officer any gift or hospitality with an
estimated value of at least £50 within 28 days of its receipt.

In order to protect your position and the reputation of the local authority, you should
exercise caution in accepting any gifts or hospitality which are (or which you reasonably
believe to be) offered to you because you are a councillor. The presumption should always
be not to accept significant gifts or hospitality. However, there may be times when such a
refusal may be difficult if it is seen as rudeness in which case you could accept it but must
ensure it is publicly registered. However, you do not need to register gifts and hospitality
which are not related to your role as a councillor, such as Christmas gifts from your friends
and family. It is also important to note that it is appropriate to accept normal expenses and
hospitality associated with your duties as a councillor. If you are unsure, do contact your
Clerk or Monitoring Officer for guidance.

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Appendices
Appendix A – The Seven Principles of Public Life
The principles are:
Selflessness
Holders of public office should act solely in terms of the public interest.
Integrity
Holders of public office must avoid placing themselves under any obligation to people or
organisations that might try inappropriately to influence them in their work. They should not
act or take decisions in order to gain financial or other material benefits for themselves,
their family, or their friends. They must disclose and resolve any interests and relationships.
Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using
the best evidence and without discrimination or bias.
Accountability
Holders of public office are accountable to the public for their decisions and actions and
must submit themselves to the scrutiny necessary to ensure this.
Openness
Holders of public office should act and take decisions in an open and transparent manner.
Information should not be withheld from the public unless there are clear and lawful
reasons for so doing.
Honesty
Holders of public office should be truthful.
Leadership
Holders of public office should exhibit these principles in their own behaviour. They should
actively promote and robustly support the principles and be willing to challenge poor
behaviour wherever it occurs.

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Appendix B Registering interests
Within 28 days of becoming a member or your re-election or re-appointment to office or within
28 days of your interests changing you must register with the Monitoring Officer the interests
which fall within the categories set out in Table 1 (Disclosable Pecuniary Interests) which
are as described in “The Relevant Authorities (Disclosable Pecuniary Interests) Regulations
2012”. You should also register details of your other personal interests which fall within the
categories set out in Table 2 (Other Registerable Interests).
“Disclosable Pecuniary Interest” means an interest of yourself, or of your partner if you are
aware of your partner's interest, within the descriptions set out in Table 1 below.
"Partner" means a spouse or civil partner, or a person with whom you are living as husband
or wife, or a person with whom you are living as if you are civil partners.

1. You must ensure that your register of interests is kept up-to-date and within 28days
of becoming aware of any new interest, or of any change to a registered interest,
notify the Monitoring Officer.

2. A ‘sensitive interest’ is as an interest which, if disclosed, could lead to the
councillor, or a person connected with the councillor, being subject to violenceor
intimidation.

3. Where you have a ‘sensitive interest’ you must notify the Monitoring Officer withthe
reasons why you believe it is a sensitive interest. If the Monitoring Officer agrees
they will withhold the interest from the public register.
Non-participation in case of disclosable pecuniary interest

4. Where a matter arises at a meeting which directly relates to one of your Disclosable
Pecuniary Interests as set out in Table 1, you must disclose the interest, not participate 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 nothave to disclose the
nature of the interest, just that you have an interest. Dispensation may be granted in
limited circumstances, to enable you to participate and vote on a matter in which you have
a disclosable pecuniary interest.
Disclosure of Other Registerable Interests
5. Where a matter arises at a meeting which directly relates to the financial interest or
wellbeing of one of your Other Registerable Interests (as set out in Table 2), you must
disclose the interest. You may speak on the matter only if members of the public are
also allowed to speak at the meeting but otherwise 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.

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Disclosure of Non-Registerable Interests
6. Where a matter arises at a meeting which directly relates to your financial interest or
well-being (and is not a Disclosable Pecuniary Interest set out in Table 1) or a
financial interest or well-being of a relative or close associate, you must disclose the
interest. You may speak on the matter only if members of the public are also allowedto
speak at the meeting. Otherwise you must not take part in any discussion or voteon
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.
7. Where a matter arises at a meeting which affects –
a. your own financial interest or well-being;
b. a financial interest or well-being of a relative or close associate; or
c. a financial interest or wellbeing of a body included under Other Registrable Interests as
set out in Table 2
you must disclose the interest. In order to determine whether you can remain in the
meeting after disclosing your interest the following test should be applied.
8. Where a matter (referred to in paragraph 8 above) affects the financial interest or well-being:
a. to a greater extent than it affects the financial interests of the majority of
inhabitants of the parish affected by the decision and;
b. a reasonable member of the public knowing all the facts would believe that it
would affect your view of the wider public interest
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.
In the event that your non-registerable interest relates to (1) an unpaid directorship on a company owned by your authority or
(2) another local authority of which you are a member,
subject to your declaring that interest, you are able to take part in any discussion and vote on the
matter.

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Table 1: Disclosable Pecuniary Interests
This table sets out the explanation of Disclosable Pecuniary Interests as set out in the
Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012.
Subject
Employment, office, trade,
profession or vocation

Description
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
council) made to the councillor during the
previous 12-month period for expenses
incurred by him/her in carrying out
his/her duties as a councillor, or towards
his/her election expenses.
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 made between the
councillor or his/her spouse or civil
partner or the person with whom the

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councillor is living as if they were
spouses/civil partners (or a firm in which
such person is a partner, or an incorporated
body of which such person is a director* or
a body that such person has a beneficial
interest in the securities of*) and the council
—
(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 and Property

Any beneficial interest in land which is
within the area of the council.
‘Land’ excludes an easement, servitude,
interest or right in or over land which does
not give the councillor or his/her spouse or
civil partner or the person with whom the
councillor is living as if they were spouses/
civil partners (alone or jointly with another)
a right to occupy or to receive income.

Licenses

Corporate tenancies

Securities

Any licence (alone or jointly with others) to
occupy land in the area of the council for a
month or longer
Any tenancy where (to the councillor’s
knowledge)—
(a) the landlord is the council; and
(b) the tenant is a body that the councillor,
or his/her spouse or civil partner or the
person with whom the councillor is living as
if they were spouses/ civil partners is a
partner of or a director* of or has a
beneficial interest in the securities* of.
Any beneficial interest in securities* of a
body where—
(a) that body (to the councillor’s
knowledge) has a place of business or
land in the area of the council; 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
councillor, or his/ her spouse or
civil partner or the person with whom the
councillor is living as if they were

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spouses/civil partners have a beneficial
interest exceeds one hundredth of the
total issued share capital of that class.
* ‘director’ includes a member of the committee of management of an industrial and
provident society.

* ‘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.
Table 2: Other Registrable Interests

You must register as an Other Registerable Interest :
a) any unpaid directorships
b ) any body of which you are a member or are in a position of general control or
management and to which you are nominated or appointed by your authority
c) any body
exercising functions of a public nature
directed to charitable purposes or
one of whose principal purposes includes the influence of public opinion
or policy (including any political party or trade union)
of which you are a member or in a position of general control or management

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Appendix C
Guidance on Bias and Predetermination –This does not form part of the Code of Conduct

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Where you have been involved in campaigning in your political role on an issue which does not
impact on your personal and/or professional life, you may participate in a decision on the issue in
your political role as a councillor. However, you must not place yourself under any financial or other
obligation to outside individuals or organisations that might seek to influence you in the performance
of your official duties.

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The courts have sought to distinguish between situations which involve predetermination or bias on
the one hand and predisposition on the other. The former is indicative of a ‘closed mind’ approach
and likely to leave a decision susceptible to challenge by Judicial Review. Whereas being
predisposed on a matter is acceptable provided you remain open to listening to all the arguments
and changing your mind in light of all the information presented at the meeting.

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Section 25 of the Localism Act 2011 provides that a councillor should not be regarded as having a
closed mind simply because they previously did or said something that, directly or indirectly,
indicated what view they might take in relation to any particular matter.

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In the circumstances, when making a decision, consider the matter with an open mind and on the
facts made available to the meeting at which the decision is to be taken.

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As a councillor you will always be judged against an objective test of whether the reasonable
onlooker, with knowledge of the relevant facts, would consider that you were biased. If you have
predetermined your position, you should withdraw from being a member of the decision-making
body for that particular matter.

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