Councillors' code of conduct: consultation 2020

Section 4:  Registration of Interests

Explanatory Note: This section has been amended to reflect changes made elsewhere in the Code.  

4.1 The following paragraphs set out what I have to register, when I am elected and whenever my circumstances change.  The register will cover the period commencing from 12 months prior to and including my current term of office. 

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

Explanatory Note: This paragraph has been amended to ensure it reflects the requirement in the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Register of Interests) Regulations 2003 for any changes to registrable interests to be made within one month (and not just once a year).

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 I am required to register 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 or reward.  I have a registrable interest where I receive remuneration by virtue of being:
a) employed; 
b) self-employed;
c) the holder of an office; 
d) a director of an undertaking;
e) a partner in a firm;
f) appointed or nominated by the Council to another body; or
g) engaged in a trade, profession or vocation, or any other work.

4.5 I do not have to register any work I carry out on behalf of the Council in my capacity as a councillor.

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 under category one.

4.8 When registering employment, I must give the name of my 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 (b) to (g) above, I must provide the name and give details of the nature of the business, organisation, undertaking, partnership or other body, as appropriate. 

4.10 Where I otherwise undertake a trade, profession or vocation, or any other work, I must include information about the nature of the work and its regularity. 

4.11 When registering a directorship, I must provide the registered name and number of the undertaking in which the directorship is held and provide information about 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 for which I receive remuneration.

Category Three: Contracts

4.15 I have a registrable 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 4.20 below) have made a contract with my Council:
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: Election Expenses

4.17 I will register any single donation of more than £50, or any donations from the same source that amount to more than £50, towards election expenses received within the period commencing from 12 months prior to, and including, my current term of office. 

Explanatory Note: This provision has been extended to cover situations where a number of small donations that cumulatively amount to more than £50 are made.  

Category Five: Houses, Land and Buildings

4.18 I have a registrable interest where I own or have any other right or interest in houses, land and buildings in Scotland, such as being an owner or a tenant, including council tenant.

4.19 I understand I am only required to provide details of the Council ward in which the property sits for the publicly available Register of Interests. I will, however, provide the full address of the property to the Council's Monitoring Officer, but understand this will be kept confidential.

Category Six: Interest in Shares and Securities

4.20 I have a registrable interest where I:
a) own or have an interest in more than 1% of the issued share capital of the company or 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 Seven: Gifts and Hospitality 

4.23   I understand the requirements of paragraphs 3.12 to 3.20 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.   

Explanatory Note: This section has been amended in light of the changes to the 'Gifts and Hospitality' provisions in Section 3.

Category Eight: Non-Financial Interests  

4.24 I may also have other interests and I understand it is equally important that relevant interests such as membership or holding office in 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 the Council which could include appointments to Committees or memberships of other organisations.