- The Ethical Standards in Public Life etc. (Scotland) Act 2000, together with the Code of Conduct for Councillors and the Dispensation Note to Local Authorities make it a requirement for Members, in relevant circumstances, to declare an interest.
- A Member will give a notice of all registerable interests, financial or non financial, to the Executive Director with responsibility for Legal and Regulatory Support Services.
- The Executive Director with responsibility for Legal and Regulatory Support Services will maintain a Register of Declarations of Interests made by Members. An Elector for the Council’s area may look at the register.
- The Code of Conduct issued by the Standards Commission for Scotland, under the Ethical Standards in Public Life etc (Scotland) Act 2000 makes provisions about how Members should conduct themselves as Councillors. The Code applies to Members of the Council. Any other persons, who are not members, who may be appointed or co-opted to any Committee or Sub-Committee or Short Life Working Group will, as a condition of appointment, require to accept the provisions of the Code and agree to be bound by its terms and in regard to any breach, or alleged breach, of the Code be subject to investigation by the Monitoring Officer, in accordance with the Council’s Public Interest Disclosure Policy and otherwise as the Monitoring Officer in his statutory power may determine.
- If a Member has a financial or non financial interest which is required to be declared in terms of the Code of Conduct, and is present at a meeting where the relevant matter is being considered, she/he must disclose the fact at the beginning of the meeting or as soon as the interest becomes apparent to her/him.
- When a Member declares an interest they must specify whether that interest is declared as a financial or non-financial interest in terms of The Code of Conduct. If the matter is a financial interest then before discussion takes place on the matter in which the Member has declared an interest, the Member will leave the room in which the meeting is taking place. If the matter is a non financial interest then, where in the particular circumstances, and having regard to all the relevant facts, the Member considers that a member of the public acting reasonably would consider that the Member might be influenced by the interest in the Member’s role as a councillor then before discussion takes place on the matter in which the Member has declared an interest, the Member will leave the room.
- In regard to the Register of Interests maintained by the Executive Director with responsibility for Legal and Regulatory Support Services, the Director will incorporate into that register disclosures relating to financial or non-financial interests declared at any meeting from time to time.
Argyll and Bute Council Constitution - 23. Interests of Members in contracts or other matters (CS)
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