[General]
34 Members' Interests
(1) If any member of the Council or a committee has any financial or other interest within the meaning of Local Authorities (Model Code of Conduct) Regulations 2007 made by the Secretary of State under sections 50(1) and (4), 81(2) and (3) and 105(2)(3) and (4) of the Local Government Act 2000 that member shall disclose the fact to the Monitoring Officer, in writing, and any such notification shall be recorded in a Register kept by him for that purpose;
(2) If any member has a personal interest in any matter being considered at a meeting of the Council or a Committee as defined by the above Code of Conduct adopted by the Council and set out in the Council’s Constitution he/she shall disclose that interest and give an explanation of its nature but may remain speak and vote unless the interest is prejudicial, in which case the member shall withdraw from the meeting while the matter is under consideration unless:
(i) the disability to discuss that matter imposed upon him/her by the section has been removed by the Council’s Standards Committee;
(ii) the meeting concerned is an Overview/Scrutiny, Area or Joint Committee which is not exercising functions of the Council or the Executive and the prejudicial interest is of a non-financial nature;
(iii) the matter is under consideration by the Council as part of the minutes or report of a committee and is not itself the subject of debate.
Provided also that a member of an Overview/Scrutiny Committee will be regarded as having a personal and prejudicial interest where that Committee is considering a decision or action made by another Committee or joint Committee of which he/she is a member but that does not prevent him/her from attending the meeting of the Overview/Scrutiny Committee to answer questions or give evidence relating to that decision or action.
(3) Any member who declares an interest as required under paragraph (2) above shall do so orally as soon as the matter in which he/she has an interest is raised and before any discussion takes place on that matter and he/she shall also complete the declaration form available at the meeting to indicate the nature of the interest;
(4) In addition to the financial and other interests which a member must register in compliance with the Code of Conduct, a member of the Council and an officer holding a politically restricted post (as defined by the Local Government and Housing Act 1989) may submit to the Monitoring Officer, in writing, details of any matter(s) which in their view might create a conflict of loyalties with their Council duties and any such notification shall be recorded in a Register kept by the Monitoring Officer for that purpose;
(5) Every Member of the Council and every Officer shall disclose details of every offer of gift or hospitality in line with the Code of Conduct referred to above and the County Council's Policy Statement on the Proper Conduct of Business and any such notification shall be recorded in a Register kept by the Monitoring Officer for that purpose;
(6) The Monitoring Officer shall record in a book to be kept for the purpose particulars of any notice given by an officer of the Council under section 117 of the Local Government Act 1972, of a pecuniary interest in a contract, and the register shall be open during office hours to the inspection of any Member of the Council.
35 Appointment of Officers and Disciplinary Action The appointment of, and disciplinary action against, Officers and in particular the Head of Paid Service, Chief Officers and Deputy Chief Officers shall comply with the Regulations made by the Secretary of State under sections 8, 20 and 190 of the Local Government and Housing Act 1989 and sections 19 and 26 of the Local Government Act 1992 as set out in the Officer Employment Procedure Rules set out in the Council’s approved Constitution and the Personnel Regulations as may from time to time be made by the Council.
36 Financial Matters and Procedures
All decisions by the Council or by the Executive or any Committee or Officer of the Council or any other person spending or controlling the spending of the Council’s money or other resources shall comply with the Budget and Policy Framework Procedures and the Code of Business Conduct set out in the Council’s Constitution.
37 Inspection of Lands, Premises, etc.
Unless specifically authorised to do so by the Council, the Executive or a committee, a member of the Council shall not issue any order respecting any works which are being or about to be carried out by or on behalf of the Council, or claim, by virtue of his/her membership of the Council, any right to inspect or to enter upon any lands or premises which the Council have the power or duty to inspect or enter.
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