Code of Conduct

Breckland Council, our code of conduct

What is the Code of Conduct?

Every 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 Parks authorities, are covered by the Code.

The Code covers areas of individual behaviour, such as members not abusing their position or not mis-using their authority’s resources. In addition, there are rules governing disclosure of interests and withdrawal from meetings where members have relevant interests. Members are also required to record on a public register their financial and other interests.

Breckland Council’s Code of Conduct can be viewed by following the link:

Code of Conduct for Members

When does the Code of Conduct apply?

The Code of Conduct applies whenever members are conducting the business of the authority, conducting the business of the office to which they have been elected or appointed, or when they act as a representative of the authority.

What must a Member do?

As a Councillor, elected or otherwise, Members have to register interests, declare interests [both personal and prejudicial] and act in a proper manner.

Registering interests
Within 28 days of election, or co-option to the Council, a Member has a duty to register financial and other interests by completing the form provided. They must register:

the name of their employer
holdings in the district
business interests
record their membership and positions of control (such as treasurer) in other organisations.

They should also sign a Declaration of Acceptance of Office within two months of election. Any changes to the Register should be notified to the Monitoring Officer within 28 days.
All gifts and hospitality valued over £25 should be notified to the Monitoring Officer [this does not include birthday or Christmas presents from family and friends].

The Register of Members Interests is available for public inspection at the Council offices by contacting the Standards Officer on 01362 656870 and making an appointment.

Declaring interests
As soon as a Member is aware that an issue being discussed affects them, a relative or friend more than other people in the area, they must state they have a personal interest; they may then remain in the meeting, take part and vote.

Once they have decided they have a personal interest, they must then decide if that interest could be prejudicial.
An interest is prejudicial if a member of the public with knowledge of the relevant facts would view the Member’s personal interest in the issue being discussed to be so great that it is likely to prejudice their judgement of the public interest. In other words, if the issue being discussed affects the member more than anyone else, and a member of the public knew this, then the Member would have a prejudicial interest.The Member must declare, either at the beginning of the meeting or when they become aware that their interest is prejudicial, that they have a prejudicial interest, leave the room and take no part in the discussions.The Member must leave the room so that they do not attempt to improperly influence the other Members while they are discussing the issue.Once the matter has been discussed and a decision reached, the Member can re-enter the room and continue to take part in the meeting.

What must a member not do?

A Member must not do anything which compromises, or is likely to compromise, the impartiality of those who work for, or on behalf of, the Council. They must not disclose information given to them in confidence by anyone, or information acquired which they believe is of a confidential nature, without the consent of a person authorised to give it, or unless they are required by law to do so; nor must they prevent another person from gaining access to information to which that person is entitled by law.
The member must not in their official capacity, or any other circumstance, conduct themselves in a manner which could reasonably be regarded as bringing their office or authority into disrepute.They must not in their official capacity, or any other circumstance, use their position as a Member to improperly confer on, or secure for themselves or any other person, an advantage or disadvantage.

What happens if it is alleged a member has broken the code of Conduct

The Standards Board for England was established in March 2001 by an Act of Parliament, but they are completely independent of Government. They are responsible for promoting the ethical behaviour of Members and Co-opted Members who serve on a range of authorities through receiving and investigating allegations that Members may have breached the Code of Conduct.

If you think that a Member may have broken the Code of Conduct, follow this link: Standards Board for England This site has more information available to help you decide if you should make a complaint and, if you choose to proceed, how to do so.

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Code of Conduct for Members (PDF document, 31Kb)

Code of Conduct for Members (RTF document, 244Kb)