The Code of Conduct together with The Guide to the Rules relating to the conduct of MembersContents


1.  Registration of Members' Financial Interests

RULES OF THE HOUSE

"Every Member of the House of Commons shall furnish to a Registrar of Members' Financial Interests such particulars of his registrable interests as shall be required, and shall notify to the Registrar any alterations which may occur therein, and the Registrar shall cause these particulars to be entered in a Register of Members' Interests which shall be available for inspection by the public."

(Resolution of the House of 22 May 1974, amended on 9 February 2009)

"For the purposes of the Resolution of the House of 22 May 1974 in relation of disclosure of interests in any proceeding of the House or its Committees, any interest declared in a copy of the Register of Members' Financial Interests shall be regarded as sufficient disclosure for the purpose of taking part in any division of the House or in any of its Committees."

(Part of the Resolution of the House of 12 June 1975, amended on 9 February 2009)

10.  Under the Resolution agreed by the House on 22 May 1974, and under the Code of Conduct, Members are required to register their financial interests in a Register of Members' Financial Interests. The duty of compiling the Register rests with the Commissioner, whose functions are set out in Standing Order No. 150. The Commissioner is assisted by the Registrar.

DEFINITION OF THE REGISTER'S PURPOSE

11.  The main purpose of the Register of Members' Financial Interests is "to provide information of any pecuniary interest or other material benefit which a Member receives which might reasonably be thought by others to influence his or her actions, speeches or votes in Parliament, or actions taken in his or her capacity as a Member of Parliament."[6] The registration form specifies twelve Categories of registrable interests which are described below. Apart from the specific rules, there is a more general obligation upon Members to keep the overall definition of the Register's purpose in mind when registering their interests.

12.  The purpose of registration is openness. Registration of an interest does not imply any wrongdoing.

DUTIES OF MEMBERS IN RESPECT OF REGISTRATION

13.  Members of Parliament are required to complete a registration form and submit it to the Commissioner within one month of their election to the House (whether at a general election or a by-election). After the initial publication of the Register (or, in the case of Members returned at by-elections, after their initial registration) it is the responsibility of Members to notify changes in their registrable interests within four weeks of each change occurring.

14.  Any Member who has a registrable interest which has not at the time been registered, shall not undertake any action, speech or proceeding of the House (except voting) to which the registration would be relevant until he or she has notified the Commissioner of that interest.

15.  Members are responsible for making a full disclosure of their interests, and if they have relevant interests which do not fall clearly into one or other of the specified categories, they are nonetheless expected to register them, normally under Category 11.

16.  Financial thresholds below which interests are not registrable apply except in Categories 1, 2 and 3, and the thresholds for the categories vary. All single benefits of whatever kind which exceed the applicable threshold (if any) should be registered in the appropriate Category. Category 4 requires the registration of all benefits received from the same source which amount to more than £1,500 in a calendar year, in increments of more than £500. Categories 5, 6 and 7 require the registration of all benefits, received from the same source in the course of a calendar year, which cumulatively amount to more than 1 per cent of the current parliamentary salary.[7] Category 8 requires the registration of property worth more than 100% of a Member's annual parliamentary salary[8] or rental income worth 10% of that salary.[9] Category 9 requires the registration of shareholdings worth more than 100% of the annual parliamentary salary. Category 10 applies the same threshold as Category 4. In addition, if a Member considers that any benefit he or she has received falls within the definition of the main purpose of the Register set out in paragraph 11, even though it does not exceed the 1 per cent threshold, the Member should register it under Category 11 (Miscellaneous). The threshold for Category 12 is again 1% of the annual parliamentary salary.

17.  PPERA makes provision as to the permissibility of donations for amounts over £500. By making an entry in the Register the Member confirms that to the best of his or her belief the donation is from a permissible source. The threshold for reporting under PPERA is £1,500, whether as a single donation or as an accumulation of donations of £500 or more from the same source within the same calendar year. When accepting benefits worth more than £500 but below the registration threshold of £1,500, Members should bear in mind the need to ensure they are from permissible donors and keep records as they may be reportable when combined with other donations from the same source in a calendar year. Donations over £500 that are from an unidentifiable or impermissible source should be returned and reported to the Commission within 30 days.

PUBLICATION AND PUBLIC INSPECTION

18.  The Register is published under the authority of the Committee on Standards and Privileges in printed form soon after the beginning of a new Parliament, and approximately annually thereafter. Between printings the Register is regularly updated electronically. The current version and a number of previous editions are available for public inspection in the Parliamentary Archives. The current Register, with previous editions, is also available on the Internet. At the discretion of the Commissioner copies of individual entries in the Register may be supplied on request.

THE CATEGORIES OF REGISTERABLE INTEREST

[Note: Each of the boxes in this section contains a description of one of the Categories of interest which the House has agreed should be registered and which appear in the registration form]

PART 1

Category 1

Directorships: Remunerated directorships in public and private companies including directorships which are individually unremunerated, but where remuneration is paid through another company in the same group.

19.  In this Category, and in others, "remuneration" includes not only salaries and fees, but also the receipt of any taxable expenses, allowances, or benefits, such as the provision of a company car. Members must register the name of the company in which the directorship is held and give a broad indication of the company's business, where that is not self-evident from its name. In addition to any remunerated directorships, a Member is also required to register any directorships he or she holds which are themselves unremunerated but where the companies in question are associated with, or subsidiaries of, a company in which he or she holds a remunerated directorship. Otherwise, Members are not required to register unremunerated directorships but may do so under Category 11 if they consider the relevant test is met.

20.  Companies which have not begun to trade or which have ceased trading need not be registered, either under this Category or under Category 9 (Shareholdings). "Not trading" should, however, be interpreted in a strict sense; if a company is engaged in any transaction additional to those required by law to keep it in being, then a remunerated directorship in that company should be registered. If a Member wishes to register a directorship in a company which is not trading the Member should make the position clear by adding the words "not trading" after the name of the company.

21.  A Member who holds a registrable directorship, including a non-executive directorship, and who provides in respect of that directorship services in the capacity of a Member of Parliament, is required to deposit with the Office of the Parliamentary Commissioner for Standards, for public inspection if required, such an agreement for the provision of services as is described in paragraphs 66 to 71 below.

22.  Members must register under this category the precise amount of each individual payment made in relation to any directorship, the nature of the work carried on in return for that payment, the number of hours worked during the period to which that payment relates and (except where disclosure of the information would be contrary to any legal or established professional duty of privacy or confidentiality) the name and address of the person, organisation or company making that payment.

23.  Members providing services in the capacity of a Member of Parliament should also register their annual remuneration in bands of £5,000 (eg up to £5,000, £5,001-£10,000).

Category 2

Remunerated employment, office, profession, etc: Employment, office, trade, profession or vocation (apart from membership of the House or ministerial office) which is remunerated or in which the Member has any financial interest. Membership of Lloyd's should be registered under this Category.[10]

24.  All employment outside the House and any sources of remuneration which do not fall clearly within any other Category should be registered here. Members must register under this category the precise amount of each individual payment made, the nature of the work carried on in return for that payment, the number of hours worked during the period to which that payment relates and (except where disclosure of the information would be contrary to any legal or established professional duty of privacy or confidentiality) the name and address of the person, organisation or company making that payment.

25.  As with Category 1, a Member who is regularly providing services in the capacity of a Member of Parliament should obtain, and deposit with the Office of the Parliamentary Commissioner for Standards for public inspection and reproduction if required, an agreement for the provision of services, and should register earnings in bands of £5,000. In the case of media work there is no requirement to obtain an agreement, but the earnings band must be registered. For further guidance on media work see paragraph 71.

26.  Members who have previously practised a profession of which they remain a member may wish to register that profession with a bracketed remark such as "[non practising]" after the entry. This is particularly desirable in cases of sleeping partnerships and where it is likely that the Member will resume the profession at a later stage. Such interests should be registered under Category 11 rather than this category.

Category 3

Clients: In respect of any paid employment registered in Category 1 (Directorships) and Category 2 (Remunerated employment, office, profession, etc.), any provision to clients of services should be registered under this Category. All clients to which personal services are provided should be listed together with the nature of the client's business in each case. Where a Member receives remuneration from a company or partnership engaged in consultancy business which itself has clients, the Member should list any of those clients to whom personal services or advice are provided, either directly or indirectly.

27.  If a Member is employed as a parliamentary adviser by a firm which is itself a consultancy, he or she should register under this category any clients of that firm to which he or she has personally provided services. In addition the Member should register any clients of the consultancy which he or she knows have benefited from such advice. Where a company is named as a client, the nature of the company's business should be indicated. The consultancy itself should be registered under Category 2.

28.  Members must register under this category the precise amount of each individual payment made, the nature of the work carried on in return for that payment, the number of hours worked during the period to which that payment relates and (except where disclosure of the information would be contrary to any legal or established professional duty of privacy or confidentiality) the name and address of the person, organisation or company making that payment.

Category 4

Sponsorships:

(a)  Any donation received by a Member's constituency party or association, or relevant grouping of associations which is linked either to candidacy at an election or to membership of the House; and

(b)  any other form of financial or material support as a Member of Parliament,

amounting to more than £1,500 from a single source, whether as a single donation or as multiple donations of more than £500 during the course of a calendar year.

29.  This category deals with sponsorship or other forms of support by companies, trade unions, professional bodies, trade associations and individuals. Donations to Members relating to their political activities (which under PPERA are to be interpreted widely) are generally registrable under this category unless:

(a)  it would be more appropriate to register them under another Category, such as Category 5 (Gifts, benefits and hospitality (UK)) or Category 6 (Overseas visits), or

(b)  they are exempt from registration.

30.  Category 4(a) deals with financial contributions to constituency parties or associations, or (where the party is organised otherwise than on a constituency basis) the relevant grouping of associations. Such reporting to the Register of Members' Financial Interests is additional to the statutory reporting requirements of local political party accounting units to the Electoral Commission under PPERA. For the purposes of the Register of Members' Financial Interests, support should be regarded as "linked" directly to a Member's candidacy or membership of the House if it is expressly tied to the Member by name, eg if it is a contribution to the Member's fighting fund or a donation which has been invited or encouraged by the Member or candidate. Financial contributions to constituency associations, parties or area associations, etc, which are not linked to a Member's candidacy or membership of the House, that is where the donation would have been forthcoming irrespective of the identity of the candidate or Member, and the candidate or Member played no personal part in securing it, do not have to be registered on the Register of Members' Financial Interests.

31.  Members who did not sit in the previous parliament should register all donations linked to their candidacy received in the twelve month period before the date on which they submit their returns to the Registrar.[11]

32.  It is not possible to give an exhaustive list of what might be considered 'linked' to an individual, and, as always, Members who are in any doubt should consult the Registrar.[12] They are also reminded that the requirement to register covers only donations of which they are aware or might reasonably be expected to be aware. Registration by the Member is additional to any registration required of the local organisation.

33.  Category 4(b) covers any other financial or material benefit in support of a Member's role as a Member of Parliament. (Any contribution for the personal benefit of a Member should be entered under Category 5 (Gifts, benefits and hospitality (UK)). Such support is registrable whether it is provided directly to the Member or is a donation made to a Member's central party organisation accompanied with a wish that it be allocated to the support of a particular Member or front-bench office. (In such circumstances the party's reporting obligations to the Electoral Commission under PPERA remain). The types of support which should be registered under this Category include: the services of a research assistant or secretary whose salary, in whole or in part, is met by an outside organisation or individual; the provision of free or subsidised accommodation for the Member's use, other than accommodation provided by a local authority to a Member for the sole purpose of holding constituency surgeries or accommodation provided solely by the constituency party; and financial contributions towards such services or accommodation.

34.  Members standing for election to non-parliamentary office (for instance election to a devolved institution, elected mayoralty or party office) should register donations received to support such candidacy.

35.  Where Members receive sponsorship of registrable value from political clubs or other associations, they should register this fact together with the names of individual donors who have contributed more than £1,500 to the club in a calendar year. Similarly, if a fund- raising event raises more than £1,500, a Member benefiting should register the event and any qualifying donations from individuals or bodies; where the funds raised are available for more than one elected representative (for instance, more than one Member or a Member and a Member of the Scottish Parliament), each recipient Member should register the benefit as if he or she were the sole beneficiary.

36.  After determining that the donation is from a permissible source,[13] when making an entry under this Category, Members must provide:

Name of donor

Address of donor (the address of individuals will not be published)

Amount of donation or nature and value if donation in kind

Date of receipt of donation

Date of acceptance of donation

Donor status

Individual

Building society

Friendly society

Limited liability partnership

Registered party (other than own party)

Trade union

Unincorporated association

Company—with registration number

In the case of a donation from a trust

Name and address of person who created the trust

Name (and, if the trust was created after 27 July 1999) address of all others by whom property has been transferred to the trust, including company registration number if applicable

If the trust was created before 27 July 1999, the date the trust was created.

In the case of a bequest

The full name of the person who made the bequest

The address of that person at the time of death, or, if that person was not registered in an electoral register at the time of death, the last address at which that person was registered during the previous five years.

Category 5

Gifts, benefits and hospitality (UK): Any gift to the Member or the Member's spouse or partner, or any material benefit, of a value greater than one per cent of the current parliamentary salary from any company, organisation or person within the UK which in any way relates to membership of the House or to a Member's political activity.

37.  The specified financial value above which tangible gifts (such as money, jewellery, glassware etc.), or other benefits (such as hospitality, tickets to sporting and cultural events, relief from indebtedness, loan concessions, provision of services etc.) must be registered is one per cent of a Member's annual parliamentary salary.[14]

38.  The rule means that Members must register any gift, or other benefit, which in any way relates to membership of the House and which is given free, or at a cost below that generally available to members of the public whenever the value of the gift or benefit is greater than the amount specified above. Members must also register any similar gift or benefit which is received by any company or organisation in which the Member, or the Member and the Member's spouse or partner jointly, have a controlling interest.

39.  Members must register gifts and other benefits from the same source in the course of a calendar year which cumulatively are of a value greater than one per cent of the current parliamentary salary, even if each single gift or benefit is of lesser value.

40.  Members must register benefits, such as tickets to sporting or cultural events, received by another person together with or on behalf of themselves as if they had received them in person.

41.  Members must register gifts, or other benefits, from another Member of Parliament in the same way as those from anyone else.

42.  Although hospitality from public bodies (Her Majesty's Government, any of the devolved institutions in Scotland, Wales or Northern Ireland or non-departmental bodies including Members' local or health authorities), if valued at over £500, is considered impermissible under PPERA, the Electoral Commission recognises that such hospitality from these sources is in many cases part of Members' duties and therefore forms part of their remuneration and allowances, which do not need to be reported under PPERA. Under the rules of the House they are not registrable, but in any case of doubt the Electoral Commission should be consulted as to permissibility before acceptance.

43.  Gifts and material benefits in this Category (and other Categories) are exempt from registration if they do not relate in any way to membership of the House or to a Member's political activity. The extent to which this exemption applies in any particular case is necessarily a matter of judgement. Both the possible motive of the giver and the use to which the gift is put have to be considered: if it is clear on both counts that the gift or benefit is entirely unrelated to membership of the House or to a Member's political activity, or would not reasonably be thought by others to be so related, it need not be registered. If there is any doubt it should be registered.

44.  Where a personal benefit to the Member is not specifically received in the capacity of a Member of Parliament but is nonetheless related to his or her political activity, as, for instance, in the case of a fund set up to assist in a legal action arising out of such activity, any individual donations to the fund which are of registrable value should be registered under this category.

45.  In respect of benefits under this Category the information required to be provided is as for Category 4.

Category 6

Overseas visits: With certain specified exceptions, overseas visits made by the Member or the Member's spouse or partner relating to or in any way arising out of membership of the House where the cost of the visit exceeds one per cent of the current parliamentary salary and was not wholly borne by the Member or by United Kingdom public funds.

46.  When making an entry under this Category the Member must register:

Name of donor

Address of donor (the address of individuals will not be published)

Amount of donation (if there is no commercial equivalent, and the Member believes the value to have exceeded £1,500, the Member should provide a statement that he or she has been unable to ascertain the value of the donation but believes it to have been more than £1,500)

Destination of Visit

Date of Visit

Purpose of Visit

Where only part of the cost was borne by an outside source (for example the cost of accommodation but not the cost of travel), those details should be stated briefly. When an overseas visit was arranged by a registered All-Party or parliamentary group or by a party backbench group, it is not sufficient to name the group as the sponsor of the visit: the Government, organisation, company or person ultimately meeting the cost should be specified.

47.  The following categories of visit, which are mainly paid for from United Kingdom public funds or which involve reciprocity of payment with other Governments or Parliaments, together with any hospitality associated with such a visit, are exempt from registration:

i.  Visits which are paid for by, or which are undertaken on behalf of, Her Majesty's Government or which are made on behalf of an international organisation to which the United Kingdom Government belongs (Note: Visits paid for by the British Council are registrable under PPERA, and the previous exemption therefore no longer applies);

ii.  Visits abroad with, or on behalf of, a Select Committee of the House, or undertaken under a Resolution of the House;

iii.  Visits undertaken on behalf of, or under the auspices of, the Commonwealth Parliamentary Association, the Inter-Parliamentary Union, the British American Parliamentary Group, the British-Irish Parliamentary Assembly, the Council of Europe, the Western European Union, the Westminster Foundation for Democracy, the NATO Parliamentary Assembly, the OSCE Parliamentary Assembly. (Note: The Armed Forces Parliamentary Scheme, the Police Service Parliamentary Scheme and the National Council for Voluntary Organisations' MP Secondment Scheme and the Industry and Parliament Trust are no longer exempt from registration);

iv.  Visits arranged and paid for wholly by a Member's own political party;

v.  Visits paid for wholly by an institution of the European Union or by a political group of the European Parliament.

48.  Similar categories of visit may be added to this list from time to time by the Committee on Standards and Privileges. Visits which are entirely unconnected with membership of the House, or with a Member's political activities, are exempt from registration.

Category 7

Overseas benefits and gifts: Any gift to the Member or to the Member's spouse or partner, or any material advantage, of a value greater than one per cent of the current parliamentary salary from or on behalf of any company, organisation or person overseas which in any way relates to membership of the House.

49.  The financial limits and guidelines which apply to Category 5 also apply here. Members should enter a cross-reference under this Category where an interest already entered in Categories 1, 2 or 3 entails the receipt of payments from abroad. There are legal restrictions on Members' accepting benefits from abroad in connection with their political activities, about which they may wish to take advice from the Electoral Commission.

Category 8

Land or property: Any land or property—

(a)  which has a substantial value. (unless used for the personal residential purposes of the Member or the Member's spouse or partner), or

(b)  from which a substantial income is derived.

The nature of the property should be indicated.

50.  Property used for the personal residential purposes of the Member or the Member's spouse or partner and dependent children (that is, their main and any other homes) does not need to be registered under Category 8(a). It may need to be registered under Category 8(b), but only if the Member derives an income from it and derives a substantial income from his or her total property portfolio (see paragraph 51). A property, such as a farm, on which the Member has a residence should be registered if it has a substantial value aside from the residential use.

51.  "Substantial value" means a value greater than the current parliamentary salary. If a Member's total property portfolio (excluding main and other homes) has a substantial value, it should be registered.

52.  "Substantial income" means an income greater than 10 per cent of the current parliamentary salary. If the income from a Member's total property portfolio (including main and any other homes) is substantial, all the properties from which any income is derived should be registered.

53.  Entries should be reasonably specific as to the nature of the property and its general location, for example:—

"Woodland in Perthshire"

"Dairy farm in Wiltshire"

"3 residential/commercial rented properties in Manchester".

Category 9

Shareholdings: Interests in shareholdings held by the Member, either personally, or with or on behalf of the Member's spouse or partner or dependent children, in any public or private company or other body which are:

(a)  greater than 15 per cent of the issued share capital of the company or body; or

(b)  15 per cent or less of the issued share capital, but greater in value than the current parliamentary salary.

The nature of the company's business in each case should be registered.

54.  When determining whether shareholdings are registrable under the criteria set out above, Members should include not only holdings in which they themselves have a beneficial interest but also those in which the interest is held with, or on behalf of, their spouse or partner or dependent children.

55.  For each registrable shareholding, the entry should state the name of the company or body, briefly indicate the nature of its business, and make clear which of the criteria for registration is applicable.

56.  The value of a shareholding is determined by the market price of the share on the preceding 5 April; but if the market price cannot be ascertained (eg because the company is unquoted and there is no market in the shares), the Member should decide whether to register it on the basis of its estimated value. Interests in shareholdings include share options.

57.  It is sometimes appropriate to register shareholdings falling outside Categories 9a and 9b. In considering whether to do so, Members should have regard to the definition of the main purpose of the Register: "to provide information of any financial interest or other material benefit which a Member receives which might reasonably be thought by others to influence his or her actions, speeches or votes in Parliament, or actions taken in his or her capacity as a Member of Parliament". If a Member considers that any shareholding which he or she holds falls within this definition, the Member should register the shareholding under Category 11.

58.  Holdings in a collective investment vehicle (including unit trusts, investment companies with variable capital (ICVCs) and investment trusts) are not generally registrable. Members are, however, advised to have regard to the general principle of the Register and to consider registration in appropriate cases, such as sector-specific vehicles. Members who are beneficiaries of trusts should treat them in the same way.

59.  Pensions are not in themselves registrable, but identifiable holdings in a self-invested personal pension fund, if of registrable value, are registrable either under Category 8 or Category 9 as appropriate.

Category 10

Controlled transactions within the meaning of Schedule 7A PPERA, not otherwise recorded in the Register.

60.  Since 2006 loans and credit arrangements—'regulated transactions'—have been controlled under PPERA and were previously reportable to the Electoral Commission (further detailed guidance on the treatment of loans is available from the Commission). When a Member is offered a loan or credit arrangement over £500 in value relating to political activities they should confirm whether it is from a permissible source (see paragraph 3 and if in any doubt consult the Electoral Commission for further information), before deciding whether to enter into it. If it is over £1,500 in value, a Member has 30 days in which to report this to the Register of Members' Financial Interests (for permissible loans). Loans over £500 in value that are from an impermissible source must not be entered into.

61.  If any part of the value of a loan is used in connection with the Member's political activities, it is a regulated loan. This includes loans taken out for any other purpose, any part of whose value is used in connection with the Member's political activities as long as it was the Member's intention in taking out the loan that it would be used for those activities.

62.  Another type of regulated transaction that a Member is required to report to the Registrar of Members' Financial Interests under PPERA is a 'connected transaction'. This is defined as the provision of security on behalf of a Member where any part of the money or benefit from the original transaction is used in connection with the Member's political activities, for example:

  • a supporter provides a personal guarantee to a bank to repay the mortgage on a Member's office if the Member is unable to do so;
  • a supporter gives a supplier a charge against their own property if a Member fails to meet their trade credit agreement.

Category 11

Miscellaneous: Any relevant interest, not falling within one of the above categories, which nevertheless falls within the definition of the main purpose of the Register which is "to provide information of any financial interest or other material benefit which a Member receives which might reasonably be thought by others to influence his or her actions, speeches, or votes in Parliament, or actions taken in his or her capacity as a Member of Parliament," or which the Member considers might be thought by others to influence his or her actions in a similar manner, even though the Member receives no financial benefit.

63.  The main purpose of this Category is to enable Members to enter in the Register any interests which they consider to be relevant to the Register's purpose, but which do not obviously fall within any of the other categories. As the Select Committee on Members' Interests pointed out in its First Report of Session 1991-92: "it is a cardinal principle that Members are responsible for making a full disclosure of their own interests in the Register; and if they have relevant interests which do not fall clearly into one or other of the specified Categories, they will nonetheless be expected to register them".[15]

64.  The general principle of the Register is that the requirement to register is limited to interests entailing remuneration or other material benefit.[16] Members are not, therefore, required by the rules to register unremunerated directorships (eg directorships of charitable trusts, professional bodies, learned societies or sporting or artistic organisations) and the Category should not be used to itemise these or other unremunerated interests. However, when a Member considers that an unremunerated interest which the Member holds might be thought by others to influence his or her actions in a similar manner to a remunerated interest, such an interest may be registered here. Such interests may include, but are not limited to, shareholdings (as described in paragraph 57 above), unremunerated parliamentary consultancies, or non-practising membership of professions. Interests such as a fund to defray legal expenses relating to activities as a Member or political activities should also be registered here if no benefit has yet been received.

PART 2

Category 12

Family members employed and remunerated through parliamentary allowances.

65.  Members are required to register the name, relationship to them, and job title of any family members (by blood or by marriage or a relationship equivalent to marriage) employed by them and remunerated through parliamentary allowances (for casual employment, this is subject to a threshold of 1% of a Member's annual parliamentary salary).

NOTE ON PERMISSIBLE DONATIONS AND LOANS

After receiving a donation over £500 in value a Member has 30 days to check and confirm it is from a permissible source before either accepting it or returning it. Before entering into a loan a Member must check and confirm the lender is permissible. The Member then has a further 30 days to report permissible donations or loans over £1,500 to the Registrar or to report impermissible or unidentifiable donations and loans (over £500) to the Commission. Members must check the permissibility of a lender before entering into a loan, credit facility or guarantee arrangement for political activities.

Under Chapter 2 of Part IV of PPERA a permissible source is:

  • an individual registered in a UK electoral register (including bequests)
  • a UK-registered company which is incorporated within the European Union (EU) and carries on business in the UK
  • a GB-registered political party
  • a UK-registered trade union
  • a UK-registered building society
  • a UK-registered limited liability partnership that carries on business in the UK
  • a UK-registered friendly society
  • a UK-based unincorporated association that carries on business or other activities in the UK

Funding for overseas visits can come from any source as long as the amount given does not exceed the cost of the trip.

AGREEMENTS FOR THE PROVISION OF SERVICES

"Any Member proposing to enter into an agreement which involves the provision of services in his capacity as a Member of Parliament shall conclude such an agreement only if it conforms to the Resolution of the House of 6th November 1995 relating to Conduct of Members; and a full copy of any such agreement including the fees or benefits payable in bands of: up to £5,000, £5,001-£10,000, and thereafter in bands of £5,000, shall be deposited with the Parliamentary Commissioner for Standards at the same time as it is registered in the Register of Members' Financial Interests and made available for inspection and reproduction by the public.

Any Member who has an existing agreement involving the provision of services in his capacity as a Member of Parliament which conforms to the Resolution of the House of 6th November 1995 relating to Conduct of Members, but which is not in written form, shall take steps to put the agreement in written form; and no later than 31st March 1996 a full copy of any such agreement including the fees or benefits payable in bands of: up to £5,000, £5,001-£10,000, and thereafter in bands of £5,000 shall be deposited with the Parliamentary Commissioner for Standards and registered in the Register of Members' Financial Interests and made available for inspection and reproduction by the public.

Provided that the requirement to deposit a copy of an agreement with the Commissioner shall not apply—

(a)  if the fees or benefits payable do not exceed one per cent of the current parliamentary salary; nor

(b)  in the case of media work (but in that case the Member shall deposit a statement of the fees or benefits payable in the bands specified above)."

(Part of the Resolution of the House of 6 November 1995, amended on 14 May 2002 and on 9 February 2009)

66.  Under a Resolution of the House of 6 November 1995 the House agreed that Members should deposit certain agreements for the provision of services with the Parliamentary Commissioner for Standards.

Members should:

  • ensure that the agreement does not breach the ban on lobbying for reward or consideration (see paragraphs 89-101 below);
  • put any such agreement in written form;
  • deposit a full copy of the agreement with the Commissioner. The agreement should indicate the nature of the services to be provided and specify the fees or benefits the Member is to receive in bands of (1) up to £5,000; (2) £5,001 to £10,000 (and thereafter in bands of £5,000);
  • make the appropriate entry in the Register; and
  • declare the interest when it is appropriate to do so (see paragraphs 72-88).

Deposited agreements may be inspected in the Parliamentary Archives.

67.  'Services in the capacity of a Member of Parliament' is usually taken to mean advice on any parliamentary matter or services connected with any parliamentary proceeding or otherwise related to the House. Essentially, when Members are considering whether an agreement is necessary they should ask themselves 'Would I be doing this job in this way if I were not a Member of Parliament', and seek an agreement if the answer is 'No'.

68.  The Select Committee on Standards in Public Life[17] gave the following guidance in respect of the application of the rule:

"The present rule is that all remunerated outside employment must be included in the Register, irrespective of whether it has any bearing on a Member's actions in Parliament. We have no doubt that this discipline should continue to be observed.

If our recommendation that paid advocacy[18] in Parliament should be prohibited altogether is adopted by the House, it is essential that no future agreements should require Members to take part in activities which can be described as advocacy.

The new requirement for employment agreements[19] to be put in writing will apply principally to any arrangement whereby a Member may offer advice about parliamentary matters. We think it right, however, that it should also include frequent, as opposed to merely occasional, commitments outside Parliament which arise directly from membership of the House. For example, a regular, paid newspaper column or television programme would have to be the subject of a written agreement, but ad hoc current affairs or news interviews or intermittent panel appearances would not.[20]

It may not always be immediately obvious whether a particular employment agreement arises directly from, or relates directly to, membership of the House. At one end of the spectrum are those Members whose outside employment pre-dates their original election, whilst at the other extreme are those who have taken up paid adviserships since entering the House. In between there will be many cases which are difficult to classify. Some Members, for example, may provide advice on Parliamentary matters incidentally as part of a much wider employment agreement covering matters wholly unrelated to the House. In these circumstances, it would be for an individual Member to decide how far it would be proper to isolate the Parliamentary services within a separate, depositable agreement; in reaching that decision he may wish to consult the Commissioner."

69.  On the basis of this guidance the Committee on Standards and Privileges has agreed that disclosing the remuneration for parliamentary services separately from remuneration for other services would be justified only in exceptional circumstances; eg where the parliamentary services are separately identifiable and form only a small proportion of the services as a whole. In any such case the entry in the Register should make it clear that the remuneration is for parliamentary services as part of a wider agreement.

70.  The scope of the Resolutions is not limited to employment registered under Category 2 (Remunerated employment, office, profession, etc) but includes other forms of employment, such as directorships (including non-executive directorships), when these involve the provision of services by the Member in his or her capacity as a Member of Parliament.

71.  The following special provisions apply to media work (journalism, broadcasting, speaking engagements, media appearances, training, &c):

(a)  The deposit of an agreement for the provision of services is not required.

(b)  Unless the work is wholly unrelated to parliamentary affairs, such as a sports column in a newspaper, Members who register any form of media work under Category 2 (Remunerated employment, office, profession, etc.) should declare the remuneration, or value of the reward, they receive for each commitment, or group of commitments for the same organisation or audience in the same calendar year, in bands of (1) up to £5,000; (2) £5,001-£10,000 (and thereafter in bands of £5,000).


6   Select Committee on Members' Interests, First Report, Session 1991-92, "Registration and Declaration of Financial Interests", HC 236, paragraph 27. Back

7   About £660 at 1 April 2010 Back

8   About £66,000 at 1 April 2010 Back

9   About £6,600 at 1 April 2010 Back

10   Members who have resigned from Lloyd's should continue to register their interest as long as syndicates in which they participated continue to have years of account which are open or in run-off. In such circumstances Members should register the date of resignation. Members of Lloyd's are also required to disclose the categories of insurance business which they are underwriting. Any member of Lloyd's receiving financial assistance (including relief from indebtedness or other loan concessions but excluding any general settlement available to all Lloyd's members) from a company, organisation or person within or outside the United Kingdom should register that interest under Categories 5 or 7, as appropriate. Back

11   This ensures that their entries cover the same period as those of returned Members. Back

12   Members might, in this context, ask themselves such questions as 'Did I write to or meet the donor asking for a contribution?' 'Was a letter sent out headed 'Campaign to [Re-] Elect [name]', 'Was I the guest of honour at a dinner where donations were sought?' and 'Have I a particular relationship to the donor which would not be the case in respect of another candidate?'. If the answer to any of these is 'Yes', then the presumption should be in favour of registration. Back

13   Sources of donations are controlled under PPERA. Information about permissibility is included in a Note at the end of this section. For further information and advice please contact the Electoral Commission on 020 7271 0616. Back

14   About £660 as at April 2010. Back

15   Op.cit., paragraph 29. Back

16   Ibid, paragraph 31. Back

17   Select Committee on Standards in Public Life, Second Report, Session 1994-95, HC 816, paragraphs 39-42. Back

18   Referred to in the Guide as "lobbying for reward or consideration". Back

19   Referred to in the Guide as "agreements for the provision of services". Back

20   But see also paragraph 71 below. Back


 
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Prepared 16 April 2012