12244.19-25

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Localism Bill

19

“(1A)
In discharging its duty under subsection (1), a relevant authority must, in

particular, adopt a code dealing with the conduct that is expected of

members and co-opted members of the authority when they are acting in

that capacity.

(1B)
A relevant authority that is a parish council—

(a)
may comply with subsection (1A) by adopting the code adopted

under that subsection by its principal authority, where relevant on

the basis that references in that code to its principal authority’s

register are to its register, and

(b)
may for that purpose assume that its principal authority has

complied with section 17(1) and (1A).”
16
Page 22, line 8, leave out “The reference in subsection (2)” and insert “A reference

in this Chapter”
17
Page 22, line 44, after “by” insert “the Mayor of London and”
18
Page 22, line 44, after “acting” insert “jointly”
19
Page 22, line 45, at end insert—

“(8)
In this Chapter except section (Delegation of functions by Greater London

Authority)—

(a)
a reference to a committee or sub-committee of a relevant authority

is, where the relevant authority is the Greater London Authority, a

reference to—

(i)
a committee or sub-committee of the London Assembly, or

(ii)
the standards committee, or a sub-committee of that

committee, established under that section,

(b)
a reference to a joint committee on which a relevant authority is

represented is, where the relevant authority is the Greater London

Authority, a reference to a joint committee on which the Authority,

the London Assembly or the Mayor of London is represented,

(c)
a reference to becoming a member of a relevant authority is, where

the relevant authority is the Greater London Authority, a reference

to becoming the Mayor of London or a member of the London

Assembly, and

(d)
a reference to a meeting of a relevant authority is, where the

relevant authority is the Greater London Authority, a reference to a

meeting of the London Assembly;


and in subsection (2)(b) the reference to representing the relevant authority

is, where the relevant authority is the Greater London Authority, a

reference to representing the Authority, the London Assembly or the

Mayor of London.”
Clause 17
20
Page 23, line 2, leave out subsection (1) and insert—

“(1)
A relevant authority must secure that a code adopted by it under section

16(1A) (a “code of conduct”) is, when viewed as a whole, consistent with

the following principles—

(a)
selflessness;

(b)
integrity;

(c)
objectivity;

20

(d)
accountability;

(e)
openness;

(f)
honesty;

(g)
leadership.

(1A)
A relevant authority must secure that its code of conduct includes the

provision the authority considers appropriate in respect of the registration

in its register, and disclosure, of—

(a)
pecuniary interests, and

(b)
interests other than pecuniary interests.

(1B)
Sections 18 to 19 do not limit what may be included in a relevant

authority’s code of conduct, but nothing in a relevant authority’s code of

conduct prejudices the operation of those sections.

(1C)
A failure to comply with a relevant authority’s code of conduct is not be

dealt with otherwise than in accordance with arrangements made under

subsection (3); in particular, a decision is not invalidated just because

something that occurred in the process of making the decision involved a

failure to comply with the code.”
21
Page 23, line 6, at end insert “or”
22
Page 23, line 7, leave out from second “conduct” to end of line 8
23
Page 23, line 9, leave out subsection (3) and insert—

“(3)
A relevant authority other than a parish council must have in place—

(a)
arrangements under which allegations can be investigated, and

(b)
arrangements under which decisions on allegations can be made.

(3A)
Arrangements put in place under subsection (3)(b) by a relevant authority

must include provision for the appointment by the authority of at least one

independent person—

(a)
whose views are to be sought, and taken into account, by the

authority before it makes its decision on an allegation that it has

decided to investigate, and

(b)
whose views may be sought—

(i)
by the authority in relation to an allegation in circumstances

not within paragraph (a),

(ii)
by a member, or co-opted member, of the authority if that

person’s behaviour is the subject of an allegation, and

(iii)
by a member, or co-opted member, of a parish council if that

person’s behaviour is the subject of an allegation and the

authority is the parish council’s principal authority.

(3B)
For the purposes of subsection (3A)—

(a)
a person is not independent if the person is—

(i)
a member, co-opted member or officer of the authority,

(ii)
a member, co-opted member or officer of a parish council of

which the authority is the principal authority, or

(iii)
a relative, or close friend, of a person within sub-paragraph

(i) or (ii);

(b)
a person may not be appointed under the provision required by

subsection (3A) if at any time during the 5 years ending with the

appointment the person was—

21

(i)
a member, co-opted member or officer of the authority, or

(ii)
a member, co-opted member or officer of a parish council of

which the authority is the principal authority;

(c)
a person may not be appointed under the provision required by

subsection (3A) unless—

(i)
the vacancy for an independent person has been advertised

in such manner as the authority considers is likely to bring

it to the attention of the public,

(ii)
the person has submitted an application to fill the vacancy

to the authority, and

(iii)
the person’s appointment has been approved by a majority

of the members of the authority;

(d)
a person appointed under the provision required by subsection

(3A) does not cease to be independent as a result of being paid any

amounts by way of allowances or expenses in connection with

performing the duties of the appointment.

(3C)
In subsections (3) and (3A) “allegation”, in relation to a relevant authority,

means a written allegation—

(a)
that a member or co-opted member of the authority has failed to

comply with the authority’s code of conduct, or

(b)
that a member or co-opted member of a parish council for which the

authority is the principal authority has failed to comply with the

parish council’s code of conduct.

(3D)
For the purposes of subsection (3B) a person (“R”) is a relative of another

person if R is—

(a)
the other person’s spouse or civil partner,

(b)
living with the other person as husband and wife or as if they were

civil partners,

(c)
a grandparent of the other person,

(d)
a lineal descendant of a grandparent of the other person,

(e)
a parent, sibling or child of a person within paragraph (a) or (b),

(f)
the spouse or civil partner of a person within paragraph (c), (d) or

(e), or

(g)
living with a person within paragraph (c), (d) or (e) as husband and

wife or as if they were civil partners.”
24
Page 23, line 17, leave out “this section)” and insert “arrangements put in place

under subsection (3))”
25
Page 23, line 22, leave out “withdrawal” and insert “replacement”
26
Page 23, line 24, leave out “withdrawal” and insert “replacement”
27
Page 23, line 26, leave out “withdrawing a code of conduct under this section” and

insert “replacing a code of conduct”
28
Page 23, line 33, leave out from “section” to end of line 34 and insert “(Delegation of

functions by the Greater London Authority) (delegation of functions by the Greater

London Authority)”
Clause 18
29
Leave out Clause 18 and insert the following new Clause—

22

“
Register of interests

(1)
The monitoring officer of a relevant authority must establish and maintain

a register of interests of members and co-opted members of the authority.

(2)
Subject to the provisions of this Chapter, it is for a relevant authority to

determine what is to be entered in the authority’s register.

(3)
Nothing in this Chapter requires an entry to be retained in a relevant

authority’s register once the person concerned—

(a)
no longer has the interest, or

(b)
is (otherwise than transitorily on re-election or re-appointment)

neither a member nor a co-opted member of the authority.

(4)
In the case of a relevant authority that is a parish council, references in this

Chapter to the authority’s monitoring officer are to the monitoring officer

of the parish council’s principal authority.

(5)
The monitoring officer of a relevant authority other than a parish council

must secure—

(a)
that a copy of the authority’s register is available for inspection at a

place in the authority’s area at all reasonable hours, and

(b)
that the register is published on the authority’s website.

(6)
The monitoring officer of a relevant authority that is a parish council

must—

(a)
secure that a copy of the parish council’s register is available for

inspection at a place in the principal authority’s area at all

reasonable hours,

(b)
secure that the register is published on the principal authority’s

website, and

(c)
provide the parish council with any data it needs to comply with

subsection (7).

(7)
A parish council must, if it has a website, secure that its register is

published on its website.

(8)
Subsections (5) to (7) are subject to section (Sensitive interests)(2).

(9)
In this Chapter “principal authority”, in relation to a parish council,

means—

(a)
in the case of a parish council for an area in a district that has a

district council, that district council,

(b)
in the case of a parish council for an area in a London borough, the

council of that London borough, and

(c)
in the case of a parish council for any other area, the county council

for the county that includes that area.

(10)
In this Chapter “register”, in relation to a relevant authority, means its

register under subsection (1).”
After Clause 18
30
Insert the following new Clause—

23

“Disclosure of pecuniary interests on taking office

(1)
A member or co-opted member of a relevant authority must, before the end

of 28 days beginning with the day on which the person becomes a member

or co-opted member of the authority, notify the authority’s monitoring

officer of any disclosable pecuniary interests which the person has at the

time when the notification is given.

(2)
Where a person becomes a member or co-opted member of a relevant

authority as a result of re-election or re-appointment, subsection (1) applies

only as regards disclosable pecuniary interests not entered in the

authority’s register when the notification is given.

(3)
For the purposes of this Chapter, a pecuniary interest is a “disclosable

pecuniary interest” in relation to a person (“M”) if it is of a description

specified in regulations made by the Secretary of State and either—

(a)
it is an interest of M’s, or

(b)
it is an interest of—

(i)
M’s spouse or civil partner,

(ii)
a person with whom M is living as husband and wife, or

(iii)
a person with whom M is living as if they were civil

partners,


and M is aware that that other person has the interest.

(4)
Where a member or co-opted member of a relevant authority gives a

notification for the purposes of subsection (1), the authority’s monitoring

officer is to cause the interests notified to be entered in the authority’s

register (whether or not they are disclosable pecuniary interests).”
31
Insert the following new Clause—

“Pecuniary interests in matters considered at meetings or by a single member

(1)
Subsections (2) to (4) apply if a member or co-opted member of a relevant

authority—

(a)
is present at a meeting of the authority or of any committee, sub-

committee, joint committee or joint sub-committee of the authority,

(b)
has a disclosable pecuniary interest in any matter to be considered,

or being considered, at the meeting, and

(c)
is aware that the condition in paragraph (b) is met.

(2)
If the interest is not entered in the authority’s register, the member or co-

opted member must disclose the interest to the meeting, but this is subject

to section (Sensitive interests)(3).

(3)
If the interest is not entered in the authority’s register and is not the subject

of a pending notification, the member or co-opted member must notify the

authority’s monitoring officer of the interest before the end of 28 days

beginning with the date of the disclosure.

(4)
The member or co-opted member may not—

(a)
participate, or participate further, in any discussion of the matter at

the meeting, or

(b)
participate in any vote, or further vote, taken on the matter at the

meeting,


but this is subject to section (Dispensations from section (Pecuniary interests in

matters considered at meetings or by a single member)(4)).

24

(5)
In the case of a relevant authority to which Part 1A of the Local

Government Act 2000 applies and which is operating executive

arrangements, the reference in subsection (1)(a) to a committee of the

authority includes a reference to the authority’s executive and a reference

to a committee of the executive.

(6)
Subsections (7) and (8) apply if—

(a)
a function of a relevant authority may be discharged by a member

of the authority acting alone,

(b)
the member has a disclosable pecuniary interest in any matter to be

dealt with, or being dealt with, by the member in the course of

discharging that function, and

(c)
the member is aware that the condition in paragraph (b) is met.

(7)
If the interest is not entered in the authority’s register and is not the subject

of a pending notification, the member must notify the authority’s

monitoring officer of the interest before the end of 28 days beginning with

the date when the member becomes aware that the condition in subsection

(6)(b) is met in relation to the matter.

(8)
The member must not take any steps, or any further steps, in relation to the

matter (except for the purpose of enabling the matter to be dealt with

otherwise than by the member).

(9)
Where a member or co-opted member of a relevant authority gives a

notification for the purposes of subsection (3) or (7), the authority’s

monitoring officer is to cause the interest notified to be entered in the

authority’s register (whether or not it is a disclosable pecuniary interest).

(10)
Standing orders of a relevant authority may provide for the exclusion of a

member or co-opted member of the authority from a meeting while any

discussion or vote takes place in which, as a result of the operation of

subsection (4), the member or co-opted member may not participate.

(11)
For the purpose of this section, an interest is “subject to a pending

notification” if—

(a)
under this section or section (Disclosure of pecuniary interests on

taking office), the interest has been notified to a relevant authority’s

monitoring officer, but

(b)
has not been entered in the authority’s register in consequence of

that notification.”
32
Insert the following new Clause—

“Sensitive interests

(1)
Subsections (2) and (3) apply where—

(a)
a member or co-opted member of a relevant authority has an

interest (whether or not a disclosable pecuniary interest), and

(b)
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.

(2)
If the interest is entered in the authority’s register, copies of the register that

are made available for inspection, and any published version of the

25

register, must not include details of the interest (but may state that the

member or co-opted member has an interest the details of which are

withheld under this subsection).

(3)
If section (Pecuniary interests in matters considered at meetings or by a single

member)(2) applies in relation to the interest, that provision is to be read as

requiring the member or co-opted member to disclose not the interest but

merely the fact that the member or co-opted member has a disclosable

pecuniary interest in the matter concerned.”
33
Insert the following new Clause—

“Dispensations from section (Pecuniary interests in matters considered at

meetings or by a single member)(4)

(1)
A relevant authority may, on a written request made to the proper officer

of the authority by a member or co-opted member of the authority, grant a

dispensation relieving the member or co-opted member from either or both

of the restrictions in section (Pecuniary interests in matters considered at

meetings or by a single member)(4) in cases described in the dispensation.

(2)
A relevant authority may grant a dispensation under this section only if,

after having had regard to all relevant circumstances, the authority—

(a)
considers that without the dispensation the number of persons

prohibited by section (Pecuniary interests in matters considered at

meetings or by a single member)(4) from participating in any

particular business would be so great a proportion of the body

transacting the business as to impede the transaction of the

business,

(b)
considers that without the dispensation the representation of

different political groups on the body transacting any particular

business would be so upset as to alter the likely outcome of any vote

relating to the business,

(c)
considers that granting the dispensation is in the interests of

persons living in the authority’s area,

(d)
if it is an authority to which Part 1A of the Local Government Act

2000 applies and is operating executive arrangements, considers

that without the dispensation each member of the authority’s

executive would be prohibited by section (Pecuniary interests in

matters considered at meetings or by a single member)(4) from

participating in any particular business to be transacted by the

authority’s executive, or

(e)
considers that it is otherwise appropriate to grant a dispensation.

(3)
A dispensation under this section must specify the period for which it has

effect, and the period specified may not exceed four years.

(4)
Section (Pecuniary interests in matters considered at meetings or by single

member)(4) does not apply in relation to anything done for the purpose of

deciding whether to grant a dispensation under this section.”
Clause 19
34
Page 24, line 23, leave out from “person” to end of line 32 and insert “commits an

offence if, without reasonable excuse, the person—