Model code of conduct for members of devolved public bodies: consultation

This consultation presents proposals which will bring about important amendments to the Model Code of Conduct for Members of devolved public bodies since it was last reviewed in 2014.

Section 4: Registration of Interests

4.1 The following paragraphs set out what I have to register when I am appointed and whenever my circumstances change. The register covers my current term of appointment.

4.2 I understand that Regulations as amended and made by Scottish Ministers describe the detail and timescale for registering interests; including a requirement that a board member must register their interests within one month of becoming a board member, and register any changes to those interests within one month of those changes having occurred.

4.3 Annex B contains key definitions and explanatory notes to help me decide what is required when registering my interests under any particular category. The interests which require to be registered are those set out in the following paragraphs and relate to me. I understand it is not necessary to register the interests of my spouse or cohabitee.

Category One: Remuneration

4.4 I will register any work for which I receive, or expect to receive payment. I have a registerable interest where I receive remuneration by virtue of being:

  • employed;
  • self-employed;
  • the holder of an office;
  • a director of an undertaking;
  • a partner in a firm;
  • appointed or nominated by my public body to another body; or
  • engaged in a trade, profession or vocation or any other work.

4.5 I understand that in relation to 4.4 above, the amount of remuneration does not require to be registered and remuneration received as a board member does not have to be registered.

4.6 I understand that if a position is not remunerated it does not need to be registered under this category. However, unremunerated directorships may need to be registered under category two, “Other Roles”.

4.7 I must register any allowances I receive in relation to membership of any organisation, the fact that I receive such an allowance must be registered under category one.

4.8 When registering employment, I must give the name of the employer, the nature of its business, and the nature of the post I hold in the organisation.

4.9 When registering remuneration from the categories listed in paragraph 4.4 above, I must provide the name and give details of the nature of the business, organisation, undertaking, partnership or other body, as appropriate. I recognise that some other employments may be incompatible with my role as board member of my public body in terms of paragraph 6.7 of this Code.

4.10 Where I otherwise undertake a trade, profession or vocation, or any other work, the detail to be given is the nature of the work and its regularity.

4.11 When registering a directorship, it is necessary to provide the registered name and number of the undertaking in which the directorship is held and the nature of its business.

4.12 I understand that registration of a pension is not required as this falls outside the scope of the category.

Category Two: Other Roles

4.13 I will register any unremunerated directorships where the body in question is a subsidiary of an undertaking in which I hold a remunerated directorship.

4.14 I will register the name and number of the subsidiary or parent company or other undertaking and the nature of its business, and its relationship to the company or other undertaking in which I am a director and from which I receive remuneration.

Category Three: Contracts

4.15 I have a registerable interest where I (or a firm in which I am a partner, or an undertaking in which I am a director or in which I have shares of a value as described in paragraph 4.19 below) have made a contract with my public body:

(a) under which goods or services are to be provided, or works are to be executed; and

(b) which has not been fully discharged.

4.16 I will register a description of the contract, including its duration, but excluding the value.

 Category Four: Houses, Land and Buildings

4.17 I have a registerable interest where I own or have any other right or interest in houses, land and buildings, which may be significant to, of relevance to, or bear upon, the work and operation of my public body.

4.18 I accept that, when deciding whether or not I need register any interest I have in houses, land or buildings, the test to be applied is whether a member of the public, with knowledge of the relevant facts and acting reasonably, might consider the interest could potentially affect my responsibilities to my public body and to the public, or could influence my actions, speeches or decision making.

Category Five: Interest in Shares and Securities

4.19 I have a registerable interest where I:

(a) own or have an interest in more than 1% of the issued share capital of the company or other body; or

(b) where the nominal value of any shares and securities I own or have an interest in is greater than £25,000.

Category Six: Gifts and Hospitality

4.20 I understand the requirements of paragraphs 3.12 to 3.21 regarding gifts and hospitality. As I will not accept any gifts or hospitality, other than under the limited circumstances allowed, I understand there is no longer the need to register any. 

Category Seven: Non–Financial Interests

4.21 I may also have significant non-financial interests and I understand it is equally important that relevant interests such as membership or holding office in other public bodies, companies, clubs, societies and organisations such as trades unions and voluntary organisations, are registered and described. In this context, I understand non-financial interests are those which members of the public might reasonably think could influence my actions, speeches or votes in my public body which could include appointments to Committees or memberships of other organisations.



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