Code of Conduct for Councillors

Amended Code of Conduct for Councillors setting out standards of behaviour to be followed by elected members of local authorities, issued by Ministers under the Ethical Standards in Public Life etc. (Scotland) Act 2000. Subject to parliamentary approval t

Annex B: Definitions

1. "Remuneration" includes any salary, wage, share of profits, fee, expenses, other monetary benefit or benefit in kind. This would include, for example, the provision of a company car or travelling expenses by an employer.

2. "Undertaking" means: (a) a body corporate or partnership; or (b) an unincorporated association carrying on a trade or business, with or without a view to a profit.

3. "Related Undertaking" is a parent or subsidiary company of a principal undertaking of which you are also a director. You will receive remuneration for the principal undertaking though you will not receive remuneration as director of the related undertaking.

4. "Parent Undertaking" is an undertaking in relation to another undertaking, a subsidiary undertaking, if (a) it holds a majority of the voting rights in the undertaking; or (b) it is a member of the undertaking and has the right to appoint or remove a majority of its board of directors; or (c) it has the right to exercise a dominant influence over the undertaking (i) by virtue of provisions contained in the undertaking's memorandum or articles or (ii) by virtue of a control contract; or (d) it is a councillor of the undertaking and controls alone, pursuant to an agreement with other shareholders or councillors, a majority of the voting rights in the undertaking .

5. "Election expenses" means expenses incurred, whether before, during or after the election, on account of, or in respect of, the conduct or management of the election.

6. "A person" means a single individual or legal person and includes a group of companies.

7. "Group of companies" has the same meaning as "group" in section 474 of the Companies Act 2006, namely a parent undertaking and its subsidiary undertakings.

8. "Any person" includes individuals, incorporated and unincorporated bodies, trade unions, charities and voluntary organisations.

9. "Spouse" does not include a former spouse or a spouse who is living separately and apart from you.

10. "Cohabitee" includes a person, whether of the opposite sex or not, who is living with you in a relationship similar to that of husband and wife.

11. "Chair" includes Committee Convener or any person discharging similar functions under alternative decision making structures.


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