Sussex Police Authority -
Members Code of Conduct

This Code of Conduct, drawn up in accordance with the Police Authorities (Model Code of Conduct) Order 2001 (Statutory Instrument 2001 No. 3578), was adopted by the Police Authority on 18 April 2002.

PART 1 : General Provisions

Scope

1.1  Members must observe the Authority's code of conduct whenever they-

1. conduct the business of the Authority;
2. conduct the business of the office to which they have been appointed; or
3. act as a representative of the Authority, and references to a member's official capacity shall be construed accordingly.

1.2  The Authority's Code of Conduct shall not, apart from paragraphs 4 and 5(a) below, have effect in relation to the activities of a member undertaken other than in an official capacity.

1.3  Where members act as a representative of the Authority -

1. on another relevant authority, they must, when acting for that other authority, comply with that other authority's code of conduct; or
2. on any other body, they must, when acting for that other body, comply with the authority's code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

1.4  In this code, "member" includes a co-opted member of an authority.

General Obligations

2.  Members must -

1. promote equality by not discriminating unlawfully against any person;
2. treat others with respect; and
3. not do anything which compromises or which is likely to compromise the impartiality of a police officer or those who work for, or on behalf of, the Authority.

3.  Members must not -

1. disclose information given to them in confidence by anyone, or information acquired which they believe is of a confidential nature, without the consent of a person authorised to give it, or unless they are required by law to do so; nor
2. prevent another person from gaining access to information to which that person is entitled by law.

4.  Members must not in their official capacity, or any other circumstance, conduct themselves in a manner which could reasonably be regarded as bringing their office or the Authority into disrepute.

5.  Members -

1. must not in their official capacity, or any other circumstance, use their position as a member improperly to confer on or secure for himself or herself, or any other person, an advantage or disadvantage; and
2. must, when using or authorising the use by others of the resources of the Authority -
1. act in accordance with the Authority's requirements; and
2. ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the Authority or of the office to which the member has been elected or appointed.

6.  Members must when reaching decisions have regard to any relevant advice provided to them by -

1. the Authority's Chief Finance Officer acting in pursuance of his/her duties under section 114 of the Local Government Finance Act 1988; and
2. the Authority's Monitoring Officer acting in pursuance of his/her duties under section 5(2) of the Local Government and Housing Act 1989.

7. Members must, if they become aware of any conduct by another member which they reasonably believe involves a failure to comply with the Authority's code of conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for them to do so.

PART 2 : Interests

Personal Interests

8.1  Members must regard themselves as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 13 and 14 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other council tax payers, ratepayers, or inhabitants of the Authority's area, the well-being or financial position of himself or herself, a relative or a friend or -

1. any employment or business carried on by such persons;
2. any person who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
3. any corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5000; or
4. any body listed in sub-paragraphs (a) to (e) of paragraph 14 below in which such persons hold a position of general control or management.

8.2  In this paragraph -

1. "relative" means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and
2. "partner" in sub-paragraph (2)(a) above means a member of a couple who live together.

Disclosure of Personal Interests

9.  A member with a personal interest in a matter who attends a meeting of the Authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

Prejudicial Interests

10.1  Subject to sub-paragraph (2) below, a member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest.

10.2  Members may regard themselves as not having a prejudicial interest in a matter if that matter relates to -

1. another relevant authority of which they are a member;
2. another public authority in which they hold a position of general control or management;
3. a body to which they have been appointed or nominated by the Authority as its representative;
4. the functions of the Authority in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and
5. any functions of the Authority in respect of an allowance or payment made under sections 173 to 176 of the Local Government Act 1972, section 18 of the Local Government and Housing Act 1989, or paragraphs 25, 25A and 25B of Schedule 2 and paragraphs 20, 20A and 20B of Schedule 2A to the Police Act 1996.

Participation in Relation to Disclosed Interests

11.  A member with a prejudicial interest in any matter must -

1. withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless the member has obtained a dispensation from the Authority's Standards Committee; and
2. not seek improperly to influence a decision about that matter.

12.  For the purposes of this Part, "meeting" means any meeting of -

1. the Authority; or
2. any of the Authority's committees, sub-committees, joint committees or joint sub-committees.

PART 3 : The Register of Members' Interests

Registration of Financial and Other Interests


13.  Within 28 days of the provisions of the Authority's Code of Conduct being adopted or applied to the Authority or within 28 days of their appointment to office (if that is later), members must register their financial interests in the Authority's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the Authority's Monitoring Officer of -

1. any employment or business carried on by him/her;
2. the name of the person who employs or has appointed him/her, the name of any firm in which he/she is a partner, and the name of any company for which he/she is a remunerated director;
3. the name of any person, other than a relevant authority, who has made a payment to him/her in respect of any expenses incurred by him/her in carrying out his/her duties;
4. the name of any corporate body which has a place of business or land in the Authority's area, and in which the member has a beneficial interest in a class of securities of that body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital of that body;
5. a description of any contract for goods, services or works made between the Authority and himself/herself or a firm in which he/she is a partner, a company of which he/she is a remunerated director, or a body of the description specified in sub-paragraph (d) above;
6. the address or other description (sufficient to identify the location) of any land in which he/she has a beneficial interest and which is in the area of the Authority;
7. the address or other description (sufficient to identify the location) of any land where the landlord is the Authority and the tenant is a firm in which he/she is a partner, a company of which he/she is a remunerated director, or a body of the description specified in sub-paragraph (d) above; and
8. the address or other description (sufficient to identify the location) of any land in the Authority's area in which he/she has a licence (alone or jointly with others) to occupy for 28 days or longer.

14.  Within 28 days of the provisions of the Authority's Code of Conduct being adopted or applied to the Authority or within 28 days of their appointment to office (if that is later), members must register their other interests in the Authority's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the Authority's Monitoring Officer of their membership of or position of general control or management in any -

1. body to which they have been appointed or nominated by the Authority as its representative;
2. public authority or body exercising functions of a public nature;
3. company, industrial and provident society, charity, or body directed to charitable purposes;
4. body whose principal purposes include the influence of public opinion or policy; and
5. trade union or professional association.

15.  A member must within 28 days of becoming aware of any change to the interests specified under paragraphs 13 and 14 above, provide written notification to the Authority's Monitoring Officer of that change.

Registration of Gifts and Hospitality

16.  A member must within 28 days of receiving any gift or hospitality over the value of £25, provide written notification to the Authority's Monitoring Officer of the existence and nature of that gift or hospitality.

Sussex Police Authority
County Hall
St Anne's Crescent
Lewes
East Sussex
BN7 1SW

18 April 2002