Declaring a Personal or a Prejudicial Interest

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Personal or Prejudicial Interest

There are also important parts of the Code of Conduct dealing with Members’ interests outside the Council.  They may have private, family or commercial interests which potentially conflict with elements of their role with the Council.  The onus is upon declaring such interests and taking appropriate action under the Code of Conduct.  Broadly, there are two types of interest.

Personal Interest

This arises where a Member’s “wellbeing or financial position” is affected by something under consideration by the Council or an entry upon his/her standing Register of Interests is affected.  It also extends to the interest of the Member’s family or people with whom he/she has a close association. 

A member with a personal interest must give details of it at a meeting,  which will be recorded in the minutes of it.  He/she may then continue to participate at the meeting,  including voting.

Prejudicial Interest

These are the most significant interests, where it might be said that a Councillor’s attention would be diverted from properly pursuing the public interest in decision making.  They arise if a Member’s financial position is affected or they are affected by a Council licence or regulatory matter.  Again, the interest extends to the Member’s family and close associates.  There are certain exemptions from the definition of “prejudicial interest”, including Councillors’ consideration of the allowances payable to them.  You are referred to the guidance on the Code of Conduct published by the national Standards Board. 

A member with a prejudicial interest must give details of it at a meeting,  which will be recorded in the minutes of it.  He/she must take no part in the item where it arises,  and leave the meeting room.  (There is a limited exception to allow a Member to speak to make representations, answer questions or give evidence where the public have such a right).

The Council has also adopted the following guidance for Members:

• Guidance on Gifts and Hospitality
• Code of Good Practice upon Planning Matters
• Code of Good Practice upon Licensing Matters

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