CODE OF CONDUCT NORTH WEST LEICESTERSHIRE

1. CODE OF CONDUCTNORTH WEST LEICESTERSHIRE THE CHANGES UNDER THE LOCALISM ACT 2011 North West Leicestershire District Council

2. OUTCOMES • To update Members on the changes to the Code of Conduct as of 1 July 2012. • To understand what are Disclosable Pecuniary Interests and how they are to be declared. • To understand the law on Predetermination. North West Leicestershire District Council

3. THE NEW CODE • The wording of the old Code is reflected in the New Code. • Definitions already defined by case law -beneficial to keep these when interpreting alleged breaches. • A lot of the obligations have been carried over from the old Code. • There is nothing new - underlying principles remain the same. North West Leicestershire District Council

4. CODE OF CONDUCT North West Leicestershire District Council

5. CODE OF CONDUCT North West Leicestershire District Council

6. CODE OF CONDUCT North West Leicestershire District Council

7. DISCLOSABLE PECUNIARYINTERESTS What are they? • Set down by Regulations • an interest in which you or your spouse has a financial connection. • Requirement to disclose • the Localism Act imposes a duty to disclose these interests where they are known to you. • Criminal sanction • Failure to disclose may result in a criminal prosecution and sanction (up to £5,000 or 5 years disqualification). North West Leicestershire District Council

8. DISCLOSABLE PECUNIARY INTERESTS What are they? • Wider duty under the Code • Duty to disclose any family member or close associate. • Required to disclose at meeting where that interest arises. • Requirement to leave the meeting where that interest arises. • Breach of the code of conduct subject to sanctions. North West Leicestershire District Council

9. CRIMINAL LIABILITY • Misconduct in Public Office • Wilful misuse of public authority amounting to a breach of public trust. • Prevention of Corruption - “Corruptly solicit or receive for himself or for any other person any gift, loan, fee, reward or advantage whatever as an inducement to, or reward for, or otherwise on account of any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever in which the said public body is concerned”. Public Bodies Corrupt Practices Act 1889 North West Leicestershire District Council

10. DISCLOSABLE PECUNIARY INTERESTSRegister of Interests • Requirement to register your interest • On the required form provided by your member support officer. • What goes on the form • Interests of you or your spouse. • Interests of your other family members or close associates need only be added when they arise. • Interests disclosed at meetings • Need to be registered within 28 days. • Duty on the Member • It is your responsibility to ensure the interest is registered . North West Leicestershire District Council

11. DISCLOSABLE PECUNIARY INTERESTSParticipation in Meetings Where you have a Disclosable Pecuniary Interest in a matter to be determined you MUST NOT participate in the meeting and are required to remove yourself from the meeting. North West Leicestershire District Council

12. DISCLOSABLE NONPECUNIARY INTERESTS • What are they? • Interests in which you have an interest but not a financial connection. • Requirement to disclose • When they arise. • Participation in meetings • May remain and vote provided other Code of Conduct obligations are not breached. • Sanctions North West Leicestershire District Council

13. SENSITIVE INTERESTS • Detail not required on the form • Definition of a Sensitive Interest set down by the Localism Act 2011 Section 32(2) “The nature of the interest is 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”

14. DISPENSATIONS • One dispensation to be granted by the Monitoring Officer • Any subsequent dispensations to be granted by the Audit and Governance Committee. • Reasons for dispensations set down by the Localism Act 2011 Section 33.

15. PREDETERMINATION There is no longer a presumption of a closed mind just because a Member has previously campaigned on an issue. The Act does not allow previous statements or actions to be completely disregarded, rather that they are not by themselves to be taken as amounting to a predetermined mind. North West Leicestershire District Council

16. BIAS • Actual bias automatically disqualifies a member from sitting on the decision making body • Includes appearance of bias from either: • a disqualifying interest (a registered interest); • OR • Where a reasonably fair minded observer would conclude there is a real possibility that the member is biased North West Leicestershire District Council

17. Pre-determination Vs Pre-disposition • Predetermination • The “closed mind” • Where the member has come to the table having already come to a decision, regardless of what they subsequently hear • Predisposition • A mere inclination • Will still consider all the information with an open mind before coming to a determination North West Leicestershire District Council

18. Bias, Pre-determination and Pre-disposition • Don’t make up your mind too early • Consider all the information and consider it fairly • Have an open mind • Decide as an individual, not a party member, as the Code of Conduct requires North West Leicestershire District Council

19. ARRANGEMENTS • Early Member involvement • Informal Resolution • Greater Flexibility • Consultation with Parish Clerks/Chairman • Co-option of Parish Members on to Sub Committees when dealing with Parish Council issues.

20. QUESTIONS North West Leicestershire District Council

21. Thank You for Attending North West Leicestershire District Council