The Code of Conduct for Members of Forest of Dean District Council provides that members must register
any interests which are Disclosable Pecuniary Interests or Other Interests.
Disclosable Pecuniary Interests are such interests as are specified in regulations and either it is an interest of:
- the member, or
- the member’s spouse or civil partner, or
- a person with whom the member is living as husband and wife, or
- a person with whom the member is living as if they were civil partners
- AND the member is aware that that other person has the interest
The interests specified in The Relevant Authorities (Disclosable Pecuniary Interests) regulations 2012 are set out in the table below.
Employment, office, trade, profession or vocation
Any employment, office, trade, profession or vocation carried on for profit or gain
Any payment or provision of any other financial benefit (other than from the relevant authority) made or provided within the relevant period in respect of any expenses incurred by M in carrying out duties as a member, or towards the election expenses of M.
This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992
Any contract which is made between the relevant person (or a body in which in the relevant person has a beneficial interest) and the relevant authority-
(a) under which goods or services are to be provided or works are to executed; and
(b) which has not been fully discharged
Any beneficial interest in land which is within the area of the relevant authority
Any licence (alone or jointly with others) to occupy land in the area of the relevant authority for a month or longer
Any tenancy where (to M’s knowledge)–
(a) the landlord is the relevant authority; and
(b) the tenant is a body in which the relevant person has a beneficial interest
Any beneficial interest in securities of a body where-
(a) that body (to M’s knowledge) has a place of business or land in the area of the relevant authority; and
(i) the total nominal value of the securities exceeds £25,0000 or one hundredth of the total issued share capital of that body; or
(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class
Other interests are defined as being any interest which relates to or is likely to affect:
- Any body of which the member is:
(i) in a position of general control or management; and
(ii) to which the member is appointed or nominated by the Council
- Any body:
(i) exercising functions of a public nature;
(ii) directed to charitable purposes;
(iii) whose principal purposes include the influence of public opinion or policy (inc. political party or trade union) of which the member is a member or in a position of general control or management
- Any gifts or hospitality worth more than £50 which the member has received by virtue of his/her office
Please see Interests flowchart for district councillors for a summary of the position regarding declarations of interest.
Where Members have a Disclosable Pecuniary Interest they must ensure that where they are:
a) present at a meeting of the Council or any committee, sub-committee, joint committee or joint sub-committee of the Council; and
b) are or become aware that they have a disclosable pecuniary interest in any matter to be considered or being considered at the meeting
then the Member must:
- not participate, or participate further, in any discussion of the matter at the meeting; and
- not participate in any vote, or further vote, taken on the matter at the meeting; and
- leave the meeting during discussion and voting.
Where Members have an interest that falls within the category of Other Interests they must declare that interest at a meeting of the Council or any committee, sub-committee, joint committee or joint sub-committee of the Council where that interest relates to any matter to be considered or being considered at the meeting.
Please note that rules relating to declarations of interest and participation at meetings are different for Town and Parish Councils. Please refer to the Code of the relevant Town or Parish Couincil for further information. The Interests flowchart for parish and town councillors summarises the position regarding declarations of interests by Members of Town and Parish Councils.
it is a criminal offence for a Member to fail, without reasonable excuse, to comply with the statutory obligations relating to the registration of, the declaration of, and participation at meetings where the Member has a Disclosable Pecunary Interest.
It is also an offence for a Member to provide information that they know is false or misleading or if the Member is reckless as to whether the information is true and not misleading.
Any person who is guilty of one of the above offences is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000). A court may also disqualify a Member for a period of up to 5 years.