Guidance Notes for the Register of Members’ Disclosable Pecuniary Interests
Part 1 – Disclosable Interests
These notes provide guidance about the information members should include on the register of disclosable pecuniary interests form/
The relevant section of the register is given in bold, followed by corresponding guidance. It is a legal requirement that each member must register theirdisclosable pecuniary interests and those of their partner. Each individual member must make their own judgement about making a declaration and they should not rely on a direction from an officer, though if in doubt they may seek advice.
All Members are required to complete the form within 28 days of the code of conduct having been adopted by the Council or within 28 days of being elected, re-elected or appointed to the Council. Outside of this period, when members have declared a disclosable pecuniary interest at a meeting and that interest was not on their register, they must update their register within 28 days of that meeting. The same rule applies to members making decisions when acting alone. Failure to register or to declare a “disclosable pecuniary interest” is a criminal offence. So is speaking and voting unless you have a dispensation. This is punishable by a fine of up to £5,000 and/or disqualification as a councillor for up to five years.
Employment, office, trade, profession or vocation
You must provide details of any employment, trade, profession or vocation carried out for profit or gain. If employed. Please give the name of your employer, the title of the post held, or brief description of the activity concerned, for example ‘accountant’.
You must provide details of any payment or provision of any other financial benefit made in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses. This does not include any allowances paid to you by the Council, but it does include any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992).
You do not need to declare the amounts of any payments, only the name of the person or organisation making them.
You must provide details of any contract made between you (or a body in which you have a beneficial interest) or your partner and North Northamptonshire Council:
a) under which goods or services are to be provided or works are to be executed; and
b) which has not been fully discharged.
You must also provide details of any contract made between you and any organisation contracted to carry out business on the Council’s behalf. You do not need to state what the financial arrangements are but should say how long the contract is for.
You must provide details of any beneficial interest in land which is within the area covered by North Northamptonshire Council. This includes the house in which you live, whether owned or rented. You should include any land in North Northamptonshire in which you have a beneficial interest, including any land or property from which you receive rent, or of which you are the mortgagee, and should give the address of a brief description of the location. For this purpose, “land” excludes an easement, servitude, interest or right in or over land which does not carry with it a right for you or your spouse/partner to occupy the land or to receive income from it.
You must provide details of any licence held (alone or jointly with others) to occupy land in North Northamptonshire for a month or longer. This includes any allotments, garage licences, grazing arrangements or any other short-term arrangements to use the authority’s land or property.
You must please provide details of any land owned by the Council where you or your partner, in a personal or business capacity, is a tenant or has an interest or connection with a body which is a tenant and has a beneficial interest in the land. This includes all tenancies of property where the landlord is the Council, and the tenant is a company in which you or your partner has a beneficial interest or of which you or your partner is a director.
You must provide details of any beneficial interest in securities* of a body where that body (to your knowledge) has a place of business or land in the area covered by North Northamptonshire Council You should list the names of any companies, industrial and provident societies, co-operative societies or other bodies corporate that (to your knowledge) are active in North Northamptonshire and in which you have a substantial interest.
You do not need to show the extent of your interest. Deposits with banks or building societies do not need to be shown.
You only need to provide details of your interest when the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body, or 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, stocks, shares or bonds.
Part 2 – Non-Statutory Disclosable Interests
Non-Statutory Disclosable Interests (note – these are not disclosable pecuniary interests)
You should provide details of any other interests you wish to declare but which are not disclosable pecuniary interests.
Examples could include:
a) membership of, or position of control or management in any body to which you have been appointed by the Council as its representative;
b) membership of a body whose principal purposes include the influence of public opinion or policy; c) membership of a charitable organisation, a trade union, professional association or a private club; d) anything which relates to one of the disclosable pecuniary interests set out in this code but which affects a family member or other person with whom you have a close association other than your spouse or partner.
This category should not include organisations through which you have a disclosable pecuniary interest. Such organisations should be listed in the appropriate place elsewhere on the register.
Please note that the examples listed above are not exhaustive.
Part 3 - Sensitive Information
Where you consider that disclosure of the details of an interest could lead you, or a person connected to you, or a person connected with you, being subject to violence or intimidation, and the Monitoring Officer agrees, any published version of the register will exclude details of the interest but may state that you have an interest, the details of which are withheld.