The duties of a District Councillor

From Camlink

This guidance on the duties of a Councillor is extracted from the Local Government Association website:

Introduction

Becoming a councillor is a rewarding form of public service that puts people in a privileged position where they can make a difference to the quality of other people's daily lives. However, being an effective councillor requires hard work.

Every day, councillors have to balance the needs and interests of their residents, voters, political parties and the council. All these groups will make legitimate demands on the councillor's time on top of their personal responsibilities to family, workplace and friends.

It is therefore important that councillors understand their role so they can perform responsibly and effectively for the council and maintain the quality oftheir personal lives.

The Councillor's role

The councillor's role takes in:

• representing the ward

• decision-making

• policy and strategy review and development

• overview and scrutiny

• regulatory duties

• community leadership and engagement.

Representing the ward

The primary role of a councillor is to represent their ward and the people who live in it. They also have a responsibility to communicate council policy and decisions to people in the ward. Members of political parties may find that their party offers advice and guidance on doing this.

Decision-making

Councillors have a central part to play in making decisions that impact on their ward and across the whole area covered by their council. They will be involved in decision-making through:

• full council

• regulatory committees such as planning control or licensing

• local voluntary organisation management

• sitting on boards and as school governors

• membership of partnership boards

• being employers of staff on appointments

• panels and disciplinary or grievance appeals.

Policy and strategy

Councillors influence and determine the development and review of the council's policy and strategy. They contribute to this through their:

• role in overview and scrutiny

• involvement in advisory groups and partnerships

• interaction with executive members

• role as a representative on local community groups

• role on area forums and committees

• case work

• membership of a political group.

Overview and scrutiny

Councillors have always been required to scrutinise the council and the overview and scrutiny function is a natural extension of representation. The process has recently become more clearly defined and distinct and the role of councillors now includes:

• providing a check on the activities of the executive through call-in powers

• monitoring and reviewing policy formulation and implementation

• policy development

• quality review

• scrutiny of external bodies and agencies.

Regulatory duties

Local authorities are not just service providers, they also act as regulators. This involves councillors in quasi-judicial roles on special committees appointed directly by the council, such as planning and licensing committees. Most councils arrange special training for councillors undertaking these quasi-judicial responsibilities. In these roles, councillors are required to act independently and are not subject to the party group whip.

Community leadership and engagement

Community leadership is at the heart of modern local government and councils are taking on new responsibilities for working in partnership with other organisations, including the voluntary and community sector, to improve services and the quality of life of citizens.

Code of conduct

All Councils require Councillors to conform to a Code of Conduct. By way of example, the Code of Conduct for District Councillors at Cambridge is reproduced below:

CAMBRIDGE CITY COUNCIL’S CODE OF CONDUCT FOR MEMBERS (COUNCILLORS)

PART 1: GENERAL PROVISIONS

Scope

1.1 A member must observe this Code of Conduct whenever he or she -
(a) conducts the business of the Council;
(b) conducts the business of the office to which he or she has been elected or appointed; or
(c) acts as a representative of the Council, and references to a member's official capacity shall be construed accordingly.

1.2 This Code of Conduct shall not, apart from paragraphs 4 and 5(a) below, have effect in relation to the activities of a member undertaken other than in an official capacity.

1.3 Where a member acts as a representative of the Council -
(a) on another relevant authority, he or she must, when acting for that other authority, comply with that other authority's code of conduct; or
(b) on any other body, he or she must, when acting for that other body, comply with this Code of Conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.

1.4 In this Code, "member" includes a co-opted member of an authority. General Obligations

2. A member must -
(a) promote equality by not discriminating unlawfully against any person;
(b) treat others with respect; and
(c) not do anything which compromises or which is likely to compromise the impartiality of those who work for, or on behalf of, the Council.

3. A member must not -
(a) disclose information given to him or her in confidence by anyone, or information acquired which he or she believes is of a confidential nature, without the consent of a person authorised to give it, or unless he or she is required by law to do so; nor
(b) prevent another person from gaining access to information to which that person is entitled by law.

4. A member must not in his or her official capacity, or any other circumstance, conduct himself or herself in a manner which could reasonably be regarded as bringing his or her office or the Council into disrepute.

5. A member -
(a) must not in his or her official capacity, or any other circumstance, use his or her position as a member improperly to confer on or secure for himself or herself or any other person, an advantage or disadvantage; and
(b) must, when using or authorising the use by others of the resources of the Council -
(i) act in accordance with the Council's requirements; and
(ii) ensure that such resources are not used for political purposes unless that use could reasonably be regarded as likely to facilitate, or be conducive to, the discharge of the functions of the Council or of the office to which the member has been elected or appointed.

6.1 A member must when reaching decisions -
(a) have regard to any relevant advice provided to him or her by -
(i) the Council's chief finance officer acting in pursuance of his or her duties under section 114 of the Local Government Finance Act 1988 (ie the Director of Finance); and
(ii) the Council's monitoring officer acting in pursuance of his or her duties under section 5(2) of the Local Government and Housing Act 1989 (ie the Director of Central Services); and
(b) give the reasons for those decisions in accordance with the Council's and any statutory requirements in relation to the taking of an executive decision.

6.2 In sub-paragraph (1)(b) above and in paragraph 9(2) below, "executive decision" is to be construed in accordance with any regulations made by the Secretary of State under section 22 of the Local Government Act 2000.

7. A member of the Council must, if he or she becomes aware of any conduct by another member of the Council which he or she reasonably believes involves a failure to comply with this Code of Conduct, make a written allegation to that effect to the Standards Board for England as soon as it is practicable for him or her to do so. (The Standards Board can be contacted at St Christopher House, 98-104 Southwark Street, London SE1 0TE; tel: 020 7921 1800; e-mail: enquiries@standardsboard.co.uk).

PART 2: INTERESTS

Personal Interests

8.1 A member must regard himself or herself as having a personal interest in any matter if the matter relates to an interest in respect of which notification must be given under paragraphs 14 and 15 below, or if a decision upon it might reasonably be regarded as affecting to a greater extent than other Council Tax payers, ratepayers or inhabitants of the Council's area, the well-being or financial position of himself or herself, a relative or a friend or -

(a) any employment or business carried on by such persons;
(b) any person who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
(c) any corporate body in which such persons have a beneficial interest in a class of securities exceeding the nominal value of £5,000; or
(d) any body listed in sub-paragraphs (a) to (e) of paragraph 15 below in which such persons hold a position of general control or management.

8.2 In this paragraph - (a) "relative" means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, child of a partner, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and
(b) "partner" in sub-paragraph (2)(a) above means a member of a couple who live together.

Disclosure of Personal Interests

9.1 A member with a personal interest in a matter who attends a meeting of the Council at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

9.2 Subject to paragraph 12(1)(b) below, a member with a personal interest in any matter who has made an executive decision in relation to that matter must ensure that any written statement of that decision records the existence and nature of that interest.

Prejudicial Interests

10.1 Subject to sub-paragraph (2) below, a member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest.

10.2 A member may regard himself or herself as not having a prejudicial interest in a matter if that matter relates to -
(a) another relevant authority of which he or she is a member;
(b) another public authority in which he or she holds a position of general control or management;
(c) a body to which he or she has been appointed or nominated by the Council as its representative;
(d) the housing functions of the Council where the member holds a tenancy or lease with a relevant authority, provided that he or she does not have arrears of rent with that relevant authority of more than two months, and provided that those functions do not relate particularly to the member's tenancy or lease;
(e) the functions of the Council in respect of school meals, transport and travelling expenses, where the member is a guardian or parent of a child in full time education, unless it relates particularly to the school which the child attends;
(f) the functions of the Council in respect of statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where the member is in receipt of, or is entitled to the receipt of such pay from a relevant authority; and
(g) the functions of the Council in respect of an allowance or payment made under sections 173 to 176 of the Local Government Act 1972 or section 18 of the Local Government and Housing Act 1989 (members’ allowances and expenses).

Overview and Scrutiny Committees

11.1 For the purposes of this Part, a member must if he or she is involved in the consideration of a matter at a meeting of an overview and scrutiny committee of the Council or a sub-committee of such a committee, regard himself or herself as having a personal and a prejudicial interest if that consideration relates to a decision made, or action taken, by another of the Council's -
(a) committees or sub-committees; or
(b) joint committees or joint sub-committees, of which he or she may also be a member.

11.2 But sub-paragraph 11.1 above shall not apply if that member attends that meeting for the purpose of answering questions or otherwise giving evidence relating to that decision or action.

Participation in Relation to Disclosed Interests

12.1 Subject to sub-paragraph 12.2 below, a member with a prejudicial interest in any matter must -
(a) withdraw from the room or chamber where a meeting is being held whenever it becomes apparent that the matter is being considered at that meeting, unless he or she has obtained a dispensation from the Council's Standard's Committee;
(b) not exercise executive functions in relation to that matter; and
(c) not seek improperly to influence a decision about that matter.

12.2 A member with a prejudicial interest may, unless that interest is of a financial nature, and unless it is an interest of the type described in paragraph 11 above, participate in a meeting of the Council's -
(a) overview and scrutiny committees; and
(b) joint or area committees,
to the extent that such committees are not exercising functions of the Council or its executive.

13. For the purposes of this Part, "meeting" means any meeting of - (a) the Council;
(b) the executive of the Council; or
(c) any of the Council's or its executive's committees, subcommittees, joint committees, joint sub-committees, or area committees.

PART 3: THE REGISTER OF MEMBERS' INTERESTS

Registration of Financial and Other Interests

14. Within 28 days of the provisions of this Code of Conduct being adopted or within 28 days of his or her election or appointment to office (if that is later), a member must register his or her financial interests in the Council's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the Council's monitoring officer (the Director of Central Services) of - (a) any employment or business carried on by him or her;
(b) the name of the person who employs or has appointed him or her, the name of any firm in which he or she is a partner, and the name of any company for which he or she is a remunerated director;
(c) the name of any person, other than a relevant authority, who has made a payment to him or her in respect of his or her election or any expenses incurred by him or her in carrying out his or her duties;
(d) the name of any corporate body which has a place of business or land in the Council's area, and in which the member has a beneficial interest in a class of securities of that body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital of that body;
(e) a description of any contract for goods, services or works made between the Council and himself or herself or a firm in which he or she is a partner, a company of which he or she is a remunerated director, or a body of the description specified in sub-paragraph (d) above;
(f) the address or other description (sufficient to identify the location) of any land in which he or she has a beneficial interest and which is in the area of the Council;
(g) the address or other description (sufficient to identify the location) of any land where the landlord is the Council and the tenant is a firm in which he or she is a partner, a company of which he or she is a remunerated director, or a body of the description specified in sub-paragraph (d) above; and
(h) the address or other description (sufficient to identify the location) of any land in the Council's area in which he or she has a licence (alone or jointly with others) to occupy for 28 days or longer.

15. Within 28 days of the provisions of this Code of Conduct being adopted or within 28 days of his or her election or appointment to office (if that is later), a member must register his or her other interests in the Council's register maintained under section 81(1) of the Local Government Act 2000 by providing written notification to the Council's monitoring officer (the Director of central Services) of his or her membership of or position of general control or management in any -
(a) body to which he or she has been appointed or nominated by the Council as its representative;
(b) public authority or body exercising functions of a public nature; (c) company, industrial and provident society, charity, or body directed to charitable purposes;
(d) body whose principal purposes include the influence of public opinion or policy; and
(e) trade union or professional association.

16. A member must, within 28 days of becoming aware of any change to the interests specified under paragraphs 14 and 15 above, provide written notification to the Council's monitoring officer (the Director of Central Services) of that change.

Registration of Gifts and Hospitality

17. A member must, within 28 days of receiving any gift or hospitality over the value of £25, provide written notification to the Council's monitoring officer (the Director of Central Services) of the existence and nature of that gift or hospitality.

Adopted by Cambridge City Council on 25 April 2002

Next page: Support for District Councillors.