OpenLegislation

The Local Authorities (Members' Interests) Regulations 1992

S.I. 1992/618 · Made 10 March 1992 · Extends to England, Wales and Scotland

Not fully up to date. 28 changes made by later legislation have not yet been written into this text, which is revised to 10 March 1992.

See the changes not yet applied
ProvisionChangeMade by
RegulationsrevokedEthical Standards in Public Life etc. (Scotland) Act 2000 (Modification of Enactments) 2003 Sch.
reg. 3coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
reg. 1coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
reg. 2coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
reg. 4coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
reg. 5coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
reg. 6coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
Sch.coming into forceLocal Authorities (Members' Interests) 1992 reg. 1
InstrumentappliedNational Park Authorities 1995 art.18, Sch.5, para.6
Regulationsapplied (with modifications) (temp.)Local Government (Application of Enactments) 1995 art. 2 Sch.
regs.4,5(2)(3)amendedLocal Authorities (Members' Interests) 1996 art,5(1)
Sch.amendedLocal Authorities (Members' Interests) 1996 art.5(2)
reg.2 (defn. of the 1964 Act)addedLocal Authorities (Members' Interests) 1996 art.3(a)
reg.3(3A)addedLocal Authorities (Members' Interests) 1996 art.4(1)(d)
reg.3(5)addedLocal Authorities (Members' Interests) 1996 art.4(1)(f)
reg.2 (defn. of councillor)revokedLocal Authorities (Members' Interests) 1996 art.3(c)
reg.2 (defn. of relevant member)addedLocal Authorities (Members' Interests) 1996 art.3(c)
reg.3(1)amendedLocal Authorities (Members' Interests) 1996 art.4(1)(a)
reg.3(2)substitutedLocal Authorities (Members' Interests) 1996 art.4(1)(b)(2)
reg.3(3)amendedLocal Authorities (Members' Interests) 1996 art.4(1)(c)
reg.3(4)amendedLocal Authorities (Members' Interests) 1996 art.4(1)(e)
reg.2 (defn. of authority)substitutedLocal Authorities (Members' Interests) 1996 art.3(b)
reg. 2words substitutedLocal Government (Translation Amendments) 1996 Sch. 1 para. 10
reg.3(5)amendedNational Crime Squad Service Authority (Members' Interests) 1998 reg.4(c)
reg.3(3B)addedNational Crime Squad Service Authority (Members' Interests) 1998 reg.4(b)
reg.3(2A)addedNational Crime Squad Service Authority (Members' Interests) 1998 reg.4(a)
reg.2 defn.of (authority) sub-para.(iii)(Ccj)addedNational Crime Squad Service Authority (Members' Interests) 1998 reg.3(a)
reg.2 defn.of (relevant member) sub-para.(iii)replaced (by sub-paras.(iii)(iv))National Crime Squad Service Authority (Members' Interests) 1998 reg.3(b)

LOCAL GOVERNMENT, ENGLAND AND WALES

LOCAL GOVERNMENT, SCOTLAND

Made 10th March 1992

Laid before Parliament 11th March 1992

Coming into force 8th May 1992

The Secretary of State for the Environment, as respects England, theSecretary of State for Wales, as respects Wales, and the Secretary ofState for Scotland, as respects Scotland, in exercise of the powersconferred upon them by sections 19(1), (4)(b) and (6) and 190(1) of theLocal Government and Housing Act 1989f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Annotations to the whole text

Footnotes

f1

1989 c. 42.

Contents

  1. 1Citation and commencement Not yet in force
  2. 2Interpretation Not yet in force
  3. 3General notices Not yet in force
  4. 4Further notices Not yet in force
  5. 5Recording the information Not yet in force
  6. 6Inspecting the records Not yet in force
  7. Signature
  8. Schedule PRESCRIBED INFORMATION ON MEMBERS' DIRECT AND INDIRECT PECUNIARYINTERESTS Not yet in force
  9. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Local Authorities (Members'Interests) Regulations 1992 and shall come into force on 8th May 1992.

2InterpretationI1

In these Regulations—

  • “the 1972 Act” means the Local Government Act 1972f1;

  • “the 1973 Act” means the Local Government (Scotland) Act 1973f2

  • “authority” means—

    1. (i)

      in relation to England and Wales,—

      • a county, district or London borough council, the Council of the Isles of Scilly, or

      • the Common Council of the City of London in its capacity as a localauthority, police authority or port health authority; and,

    2. (ii)

      in relation to Scotland, a regional, islands or district council;

  • “councillor” means an elected member of an authority;

  • “director” includes a member of the committee of management of an industrial and provident society;

  • “land” excludes an easement, servitude, interest or right in or over land which does not carry with it a right for the councillor (alone orjointly with others) to occupy the land or to receive income; and

  • “securities” means securities within the meaning of section 98(1) of the 1972 Act and section 42(1) of the 1973 Act, other than moneys deposited with a building society.

3General noticesI1

(1)

Each councillor shall, in accordance with paragraphs (2) and (3),give to the proper officer of the authority of which he is a member ageneral notice—

(a)

stating his name; and

(b)

setting out, for each matter listed in the first column of theSchedule to these Regulations in respect of which he has such a director indirect pecuniary interest as is described in the second column ofthat Schedule, the information prescribed in the said second column; and

(c)

stating, for each other matter so listed, that he does not have suchan interest.

(2)

A person who is a councillor both on and immediately before 8th May1992 shall give the general notice not later than one month after thedate on which he first (on or after that date) attends a relevantmeeting.

(3)

A person who is elected as a member of an authority on or after 8thMay 1992 and was not already a councillor of that authority immediatelybefore the date of his election shall give the general notice not laterthan one month after—

(a)

if he is a member of the Common Council of the City of London, thedate on which he first attends a relevant meeting after his election;and

(b)

in any other case, the date on which he makes a declaration undersection 83(1) of the 1972 Actf1or, as the case may be, section 33A of the 1973 Actf2(declaration of acceptance of office).

(4)

In this regulation, “relevant meeting” means a meeting of the authority of which the councillor is a member, or a meeting of any of the following of which he is a member, namely—

(a)

a committee or sub-committee of the authority; or

(b)

a joint committee, joint board or other body for the time beingdischarging any of the functions of the authority or appointed to advisethe authority on a matter relating to the discharge of their functions.

4Further noticesI1

Each councillor shall, within one month of any change to theinformation contained in a notice given by him under these Regulations(including a notice under this regulation), give to the proper officerof the authority of which he is a member a further notice setting outthe details of that change.

5Recording the informationI1

(1)

Subject to paragraph (3), the proper officer of an authority shallmaintain records, as prescribed in paragraph (2), of the informationcontained in the notices given to him under regulations 3 and 4.

(2)

The records shall consist of—

(a)

the date on which the proper officer received the notice;

(b)

the name of the councillor who gave the notice; and

(c)

the notice or a copy of it or a statement of the informationcontained in it.

(3)

Paragraph (1) shall apply to information given by a councillor onlyfor so long as he continues to be a member of the authority in question.

6Inspecting the recordsI1

The proper officer shall keep the records open to inspection bymembers of the public without charge at all reasonable hours.

Signature

Michael Heseltine

Secretary of State for the Environment

9th March 1992

David Hunt

Secretary of State for Wales

9th March 1992

Ian Lang

Secretary of State for Scotland

10th March 1992

PRESCRIBED INFORMATION ON MEMBERS' DIRECT AND INDIRECT PECUNIARYINTERESTSI1

Employment, office, trade, profession or vocation
1

A description of any employment, office, trade, profession orvocation carried on by the councillor for profit or gain.

2

The name of the person who employs him or, as the case may be, appointedhim to the office, or the name of any firm in which he is a partner.

Sponsorship
3

The name of any person (other than a local authority) who has, notearlier than one year before the date the councillor gives the relevantnotice under these Regulations, made a payment to the councillor inrespect of—

(a)

any expenses incurred by the councillor in carrying out his duties asa councillor; or

(b)

his election as a councillor.

Contracts
4

A description of any contract of which the councillor is aware(including its duration, but excluding the consideration)—

(a)

which is made between the councillor (or a firm in which he is apartner, or a body corporate of which he is a director or in thesecurities of which he has a beneficial interest) and the authority ofwhich he is a member;

(b)

under which goods or services are to be provided or works are to beexecuted; and

(c)

which has not been fully discharged.

Land
5

The address or other description of any land (sufficient toidentify the land) in which the councillor has a beneficial interest andwhich is in the area of the authority of which he is a member.

Licences
6

The address or other description of land (sufficient to identifythe land) which the councillor has—

(a)

in England and Wales, a licence (alone or jointly with others), or

(b)

in Scotland, by informal arrangements, permission,

to occupy for a month or longer and which is in the area of the authorityof which he is a member.

Corporate Tenancies
7

The address or other description of land (sufficient to identify the land) Tenancies held under a tenancy where (to the councillor’s knowledge)—

(a)

the landlord is the authority of which the councillor is a member; and

(b)

the tenant is a body corporate of which the councillor is a director orin the securities of which he has a beneficial interest or is a firm in whichhe is a partner.

Interests in securities
8

The name of any body corporate where—

(a)

that body (to the councillor’s knowledge) has a place of business orland in the area of the authority of which he is a member; and

(b)

the councillor has a beneficial interest in the securities of that bodywhere—

(i)

the total nominal value of the securities in which he has a beneficialinterest exceeds £25,000 or one hundredth of the total issued sharecapital of that body; or,

(ii)

if the share capital of that body is of more than one class, the totalnominal value of the shares of any one class in which he has a beneficialinterest exceeds one hundredth of the total issued share capital of thatclass.

Explanatory note

(This note is not part of the Regulations)

These Regulations require each elected member of a county, districtor London borough council, the Council of the Isles of Scilly or theCommon Council of the City of London (in England and Wales) or of aregional, islands or district council (in Scotland) to give the properofficer of the council a notice about his direct and indirect pecuniaryinterests. The notice must contain the information about his pecuniaryinterests prescribed by regulation 3 and the Schedule (or state that hehas no such interest) and must be given within the period specified inthat regulation. Regulation 4 requires members to keep the informationup to date. Regulations 5 and 6 require the proper officer of eachcouncil to maintain records of the information and to keep the recordsopen to public inspection.

By virtue of section 19(2) of the Local Government and Housing Act 1989,a member of a local authority who fails without reasonable excuse to complywith the requirements of these Regulations, or who knowingly or recklesslyprovides false or misleading information in a notice under these Regulations,is guilty of an offence.