Personal and prejudicial interests
Personal and prejudicial interests are covered by paragraphs 8-13 of the Code of Conduct.
What is a personal interest?
You have a personal interest in any business of your authority where it relates to or is likely to affect:
1) An interest that you must register.
2) An interest that is not on your register but where the well-being or financial position of you, members of your family, or people or bodies with whom you have a close association, is likely to be affected by the business of your authority more than it would affect the majority of:
- inhabitants of the ward or electoral divisions affected by the decision (in the case of authorities with wards or electoral divisions)
- inhabitants of the assembly constituency affected by the decision (in the case of the Greater London Authority)
- inhabitants of the authority’s area (in all other cases).
What should I do if I have a personal interest?
You must declare that you have a personal interest and the nature of the interest as soon as it becomes apparent to you in all formal meetings before the matter is discussed.
However, where an interest arises solely from membership of, position of control or management on:
- any other body to which you were appointed or nominated by the authority
- any other body exercising functions of a public nature, for example if you have been appointed as a school governor
- you will only need to declare your interest if and when you speak on a matter, provided that you do not have a prejudicial interest.
What is a prejudicial interest?
Your personal interest will also be a prejudicial interest if it meets all of the following conditions:
a) The matter does not fall within one of the exempt categories of decisions under paragraph 10(2) (c), for example setting the council tax.
b) The matter affects your interests financially or is about a licensing, planning or other regulatory matter that might affect your interests.
c) A member of the public, who knows the relevant facts, would reasonably think your personal interest so significant that it is likely to prejudice your judgement of the public interest.
What should I do if I have a prejudicial interest?
You must declare that you have a prejudicial interest and the nature of that interest as soon as that interest becomes apparent.
You should leave the room unless members of the public are allowed to make representations, give evidence or answer questions about the matter. If this is the case, you can also attend the meeting for that purpose.
You must leave the room immediately once you have finished speaking, or when the meeting decides that you have finished (if that is earlier).
If your authority does not provide members of the public with any right to speak, you would need to leave the meeting room after declaring the nature and extent of your interest. However, you can:
- Make written representations in your private capacity. These should be addressed to officers rather than members of the authority.
- Use a professional representative to make an application, for example a planning application, on your behalf.
- Arrange for another member of the authority to represent the views of your constituents.
Find out more
- Please read our Code of Conduct: Guidance for members 2007
- Call our enquiries line on 0845 078 8181
- Email us at enquiries@standardsforengland.gov.uk
Published on 27 October 2009.
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