Appendix A: Proposed changes to the Guide to the Code
Categories of registrable interest
Category 1: Directorships
Remunerated directorships in public and private companies, including non-executive directorships, and including directorships which are not directly remunerated, but where remuneration is paid through another company in the same group.
53. 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 should register the name of the company in which the directorship is held and give a broad indication of the company’s business, where this is not self-evident from its name. Directly remunerated directorships of companies which are not trading should be registered.
54. In addition to any remunerated directorships, members are required to register under this category any directorships which are themselves unremunerated but where either (a) remuneration is paid through another company in the same group where the companies in question are associated; or (b) the company concerned is a subsidiary of another company in which the member concerned holds remunerated directorships. Other unremunerated directorships should be registered under category 10 (non-financial interests) so that in one category or another all directorships should be registered.
55. The amount of remuneration in respect of interests falling within this category is not disclosed. The contract does not need to be deposited with the Registrar. While clients of companies in which members hold a directorship must be declared in relevant circumstances (see paragraph 97), they do not need to be registered except where:
(a) the company is the member’s own intermediary (most commonly a limited company that they control);5 or
(b) the client is a foreign government to which the member personally provides services. the member personally provides services to the client and the client is (i) a government of a foreign state (including departments and agencies), (ii) an organisation which may be thought by a reasonable member of the public to be foreign state-owned or controlled, or (iii) an individual with official status (whether executive, legislative or judicial) in a foreign state when acting in that capacity.
55A. Members providing legal and arbitral services need to register the identity of registrable clients and parties under this category only once (a) the identity of the client or party has entered the public domain or (b) they have been paid for the work (wholly or in part), whichever comes first.
55B. The level of remuneration in respect of interests falling within this category only needs to be disclosed where it is received from governments of foreign states (including departments and agencies), organisations which may be thought by a reasonable member of the public to be foreign state-owned or controlled, and individuals with official status (whether executive, legislative or judicial) in foreign states when acting in that capacity.
55C. Although members may consult the Registrar on whether an organisation or individual meets the definitions in paragraphs 55 and 55B, they must themselves take the final decision and in case of doubt should err on the side of registration.
55D. Where earnings are registrable they should be disclosed once in respect of each financial year, no later than 31 January following the end of that financial year. Members may disclose the exact amount received from each source, or indicate within which of the following bands their earnings from each source falls: £0–5,000, £5,000–10,000; £10,000–20,000; in further increments of £10,000 up to £100,000; or £100,000–200,000 and thereafter in £100,000 increments. Where members have undertaken the work with others, they should estimate the value of their own contribution or disclose the total amount paid by the client.
55E. Contracts under this category do not need to be deposited with the Registrar.
Category 2: Remunerated employment etc.
Employment, office, trade, profession or vocation which is remunerated or in which the member has any pecuniary interest.
56. All provision of services outside the House in return for payment should be registered here. When making an entry in this category, members must register the name of the employer or source of the payment, the nature of its business (where this is not self-evident) and the type of work carried out. Partners in partnerships and limited liability partnerships (LLPs) should also register their position in this category.
57. While clients of companies for which members work, and clients of members in professional practice, must be declared in relevant circumstances (see paragraph 97), they do not need to be registered except where:
(a) the company is the member’s own intermediary (most commonly a limited company that they control);5 or
(b) the client is a foreign government to which the member personally provides services. the member personally provides services to the client and the client is (i) a government of a foreign state (including departments and agencies), (ii) an organisation which may be thought by a reasonable member of the public to be foreign state-owned or controlled, or (iii) an individual with official status (whether executive, legislative or judicial) in a foreign state when acting in that capacity.
57A. Members providing legal and arbitral services need to register the identity of registrable clients and parties under this category only once (a) the identity of the client or party has entered the public domain or (b) they have been paid for the work (wholly or in part), whichever comes first.
58. Members who have paid posts as consultants or advisers should indicate the nature of the consultancy or advice given, for example “management consultant”, “legal adviser” or “public affairs consultant”. They should, in the case of public affairs consultancies, give careful consideration to paragraph 8(d) of the Code and paragraphs 15 to 23 of the Guide (especially paragraph 19).
59. Occasional income or benefits from speeches, lecturing, broadcasting, royalties, or journalism or freelance work which exceeds £1,000 in the course of a calendar year from a single source should be registered under this category and the source should be identified. Fees which are donated to another person, or to a charitable or community organisation, must still be registered but the donation may be noted in the Register entry.
60. Membership of Lloyd’s should be registered under this category. Members who have resigned from Lloyd’s should continue to register their interest as long as syndicates in which they have participated continue to have years of account which are open or in run-off. Members of Lloyd’s are also required to disclose the categories of insurance business which they are underwriting.
61. Members who have previously practised a profession may register that profession under this category with a bracketed remark such as “[non-practising]” after the entry.
62. Members are not required to register pension arrangements (save for certain investments in self-invested personal pensions—see paragraph 72), unless conditions are attached to the continuing receipt of the pension that a reasonable member of the public might regard as likely to influence their conduct as parliamentarians. Such conditions attaching to pensions from European Union institutions do not normally require the pension to be registered or declared in proceedings in the House.
63. Membership of the House is not to be registered under this category.
64. The amount of remuneration in respect of interests falling within this category is not disclosed. The contract does not need to be deposited with the Registrar. The level of remuneration in respect of interests falling within this category only needs to be disclosed where it is received from governments of foreign states (including departments and agencies), organisations which may be thought by a reasonable member of the public to be foreign state-owned or controlled, and individuals with official status (whether executive, legislative or judicial) in foreign states when acting in that capacity.
64A. Although members may consult the Registrar on whether an organisation or individual meets the definitions in paragraphs 57 and 64, they must themselves take the final decision and in case of doubt should err on the side of registration.
64B. Where earnings are registrable they should be disclosed once in respect of each financial year, no later than 31 January following the end of that financial year. Members may disclose the exact amount received from each source, or indicate within which of the following bands their earnings from each source falls: £0–5,000, £5,000–10,000; £10,000–20,000; in further increments of £10,000 up to £100,000; or £100,000–200,000 and thereafter in £100,000 increments. Where members have undertaken the work with others, they should estimate the value of their own contribution or disclose the total amount paid by the client.
64C. Contracts under this category do not need to be deposited with the Registrar.
…
97. Members must declare any client of their own, or any client of an organisation in which they have a financial interest where (a) they if they might reasonably be expected to know that it is a client, and (b) where the activities or interests of that client are relevant to the matter under discussion. Where a member feels unable to declare a client due to a duty of confidentiality, then the member should not participate in any proceedings or correspond with ministers or officials regarding matters potentially affecting that client.
5 Also known as a personal service company.
5 Also known as a personal service company.