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Agenda Item 4 





ADVICE TO MEMBERS ON DECLARING INTERESTS AT MEETINGS 





If you are present at a meeting of the Council, of its executive or any committee of 
the executive, or of any committee, sub-committee, joint committee, or joint sub- 
committee of the authority, and you have a Disclosable Pecuniary Interest (DPI) 
relating to any business that will be considered at the meeting, you must not: 


° participate in any discussion of the business at the meeting, or if you become 
aware of your Disclosable Pecuniary Interest during the meeting, participate 
further in any discussion of the business, or 

o participate in any vote or further vote taken on the matter at the meeting. 


These prohibitions apply to any form of participation, including speaking as a 
member of the public. 


You must: 


° leave the room (in accordance with the Members’ Code of Conduct) 

o make a verbal declaration of the existence and nature of any DPI at any 
meeting at which you are present at which an item of business which affects or 
relates to the subject matter of that interest is under consideration, at or before 
the consideration of the item of business or as soon as the interest becomes 
apparent. 

° declare it to the meeting and notify the Council’s Monitoring Officer within 28 
days, if the DPI is not already registered. 


If you have any of the following pecuniary interests, they are your disclosable 
pecuniary interests under the new national rules. You have a pecuniary interest if 
you, or your spouse or civil partner, have a pecuniary interest. 


e Any employment, office, trade, profession or vocation carried on for profit or gain, 
which you, or your spouse or civil partner undertakes. 


e Any payment or provision of any other financial benefit (other than from your 
council or authority) made or provided within the relevant period* in respect of 
any expenses incurred by you in carrying out duties as a member, or towards 
your election expenses. This includes any payment or financial benefit from a 
trade union within the meaning of the Trade Union and Labour Relations 
(Consolidation) Act 1992. 


*The relevant period is the 12 months ending on the day when you tell the 
Monitoring Officer about your disclosable pecuniary interests. 


e Any contract which is made between you, or your spouse or your civil partner (or 
a body in which you, or your spouse or your civil partner, has a beneficial 
interest) and your council or authority — 


under which goods or services are to be provided or works are to be 


executed; and 
which has not been fully discharged. 


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e Any beneficial interest in land which you, or your spouse or your civil partner, 
have and which is within the area of your council or authority. 


e Any licence (alone or jointly with others) which you, or your spouse or your civil 
partner, holds to occupy land in the area of your council or authority for a month 
or longer. 


e Any tenancy where (to your knowledge) — 
the landlord is your council or authority; and 
the tenant is a body in which you, or your spouse or your civil partner, has a 
beneficial interest. 


e Any beneficial interest which you, or your spouse or your civil partner has in 
securities of a body where - 


(a) that body (to your knowledge) has a place of business or land in the area of 
your council or authority; and 


(b) either - 
- 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 you, or your spouse or your 
civil partner, has a beneficial interest exceeds one hundredth of the total 
issued share capital of that class. 


If you attend a meeting at which any item of business is to be considered and you 
are aware that you have a personal interest in the matter which does not amount to 
a DPI, you must make verbal declaration of the existence and nature of that interest 
at or before the consideration of the item of business or as soon as the interest 
becomes apparent. You should leave the room if your continued presence is 
incompatible with the 7 Principles of Public Life (selflessness; integrity; objectivity; 
accountability; openness; honesty; and leadership). 


You have a personal interest where — 


e a decision in relation to that business might reasonably be regarded as affecting 
the well-being or financial standing (including interests in land and easements 
over land) of you or a member of your family or a person or an organisation with 
whom you have a close association to a greater extent than it would affect the 
majority of the Council Tax payers, ratepayers or inhabitants of the ward or 
electoral area for which you have been elected or otherwise of the Authority’s 
administrative area, or 


e itrelates to or is likely to affect any of the interests that are defined as DPls but 


are in respect of a member of your family (other than a partner) or a person with 
whom you have a close association. 


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Guidance on declarations of interest, incorporating regulations published by the 
Government in relation to Disclosable Pecuniary Interests, has been circulated to 
you previously. 


You should identify any potential interest you may have relating to business to be 
considered at the meeting. This will help you and anyone that you ask for advice to 
fully consider all the circumstances before deciding what action you should take. 


In certain circumstances the Council may grant a dispensation to permit a Member 
to take part in the business of the Authority even if the member has a Disclosable 
Pecuniary Interest relating to that business. 


To obtain a dispensation, you must write to the Monitoring Officer at least 48 hours 
before the meeting in question, explaining why a dispensation is sought and 
desirable, and specifying the period of time for which it is sought. The Monitoring 
Officer may consult with the Independent Person or the Council’s Audit and 
Standards Committee in relation to a request for dispensation. 


Further advice can be obtained from Gillian Duckworth, Director of Legal and 


Governance on 0114 2734018 or email gillian.duckworth@sheffield.gov.uk. 


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