When should an interest be declared?
A Member needs to declare his/her interest at all meetings where the matter being discussed, or to be discussed, affects that Members interest.
What interests need to be declared in a meeting?
Any personal interests a Member has in a meeting need to be declared. The Member will also need to decide if he/she has a prejudicial interest in the matter.
What is a personal interest?
There are two types of personal interest
1. You have a personal interest in any business of your authority where it relates to or is likely to affect:
a) An interest that you must register.
b) An interest that is not on your register, but where the well-being or financial position of you, members of your family, or people with whom you have a close association, is likely to be affected by the business of of your authority more than it would affect the majority of:
inhabitants of the ward or electoral division affected by the decision (in the case of authorities with electoral divisions or wards)
inhabitants of the Assembly constituency affected by the decision (in the case of the Greater London Authority)
inhabitants of the authority's area (in all other cases).
A Member has a personal interest in a matter if that matter affects the well-being or financial position of the member, his / her relatives/friends more than it would affect other people in the Authority's area.
The Standards Board Guidance on Interests can be found on the Standards Board website at www.standardsboard.gov.uk and is downloadable at the end of this section.
2. You have a personal interest in a matter if that matter affects the well-being or financial position of you, members of your family, or people with whom you have a close association, more than it would affect the majority of people in the ward or electoral division affected by the decision, or in the authority's area or constituency.
A Member will also have a personal interest in any matter if it relates to any interest he / she must register.
The existence of a personal interest and the nature of it must be declared before the matter is discussed or as soon as it becomes apparent to the Member.
Members can still take part in a meeting and vote on the matter if they have a personal interest but not if that interest is also prejudicial.
Prejudicial Interests
Your personal interest will also be a prejudicial interest in a matter if all of the following conditions are met:
a) The matter does not fall within one of the exempt categories of decisions.
b) The matter affects your financial interests or relates to a licensing or regulatory matter.
c) A member of the public, who knows the relevant facts, would reasonably think your personal interest is so significant that it is likely to prejudice your judgement of the public interest.
You will not have a prejudicial interest if the matter relates to one of the following exemptions:
Housing: if you hold a tenancy or lease with the authority, as long as the matter does not relate to your particular tenancy or lease.
School meals or school transport and travelling expenses: if you are a parent or guardian of a child in full-time education or you are a parent governor, unless it relates particularly to the school your child attends.
Statutory sick pay: if you are receiving this, or are entitled to this.
An allowance, payment or indemnity for members.
Any ceremonial honour given to members.
Setting council tax or a precept.
If you have a prejudicial interest in a matter being discussed at a meeting, you must declare that you have a prejudicial interest and the nature of that interest as soon as that interest becomes apparent to you.
You should then leave the room, unless members of the public are allowed to make representations, give evidence or answer questions about the matter, by statutory right or otherwise. If that is the case, you can also attend the meeting for that purpose.
However, you must immediately leave the room once you have finished or when the meeting decides that you have finished (if that is earlier). You cannot remain in the public gallery to observe the vote on the matter.
In addition, you must not seek to improperly influence a decision in which you have a prejudicial interest. This rule is similar to your general obligation not to use your position as a member improperly to your or someone else's advantage or disadvantage.
There are some special categories of interests.
You have a prejudicial interest in any business before an overview and scrutiny committee or sub-committee meeting where both of the following requirements are met:
That business relates to a decision made (whether implemented or not) or action taken by your authority's executive or another of your authority's committees, sub-committees, joint committees or joint sub-committees.
You were a member of that decision-making body at that time and you were present at the time the decision was made or action taken.
Dispensations
An application can be made to the Standards Committee for a dispensation, if over 50% of the Authority or Committee Members would be prevented from taking part in a meeting because of prejudicial interests, or the political balance at the meeting would be upset.
If the Standards Committee approves an application, it must grant dispensation in writing before the meeting is held. If a dispensation is needed, an application should be made as soon as reasonably possible.
If you require further advice you should contact the Monitoring Officer.
Parish Councillors should contact their Town Clerk.
Use the related links on the left and below for guidance from the Standards Board for England.
Introduction to Policies & Protocols
