PART 4D1 ARRANGEMENTS REGARDING THE REGISTER OF MEMBERS’ INTERESTS

Information for all councillors and co-opted members with voting rights

 

You must register your interests

 

·         The Council is required by the Localism Act 2011 to maintain and publish a Code of Conduct for Members (‘the Code’). Brighton & Hove City Council last updated its Code in July 2021.  

 

·         The Code requires you to register in the Council’s Register of Members’ Interests details of your Disclosable Pecuniary Interests (which includes details of your spouse or cohabitee’s interests) within 28 days of your election or appointment to office. These are the interests which are listed in Table 1 of the Code.

 

·         In addition, you must, within 28 days of  your election, register in the Council’s Register of Member’s Interests your Other Registrable Interests (which does not include the interests of your spouse or cohabitee). Those are set out in Table 2 of the Code.

 

·         It is a legal requirement under the Localism Act that you notify the Monitoring Officer of your Disclosable Pecuniary Interests.

 

·         Please complete all the sections of the attached form (Form 1). For sections where you have no declarations to make, please put “nil” or “not applicable” rather than leaving them blank. Then please sign the form, date it & return it without delay to the Monitoring Officer, c/o Head of Democratic Services, Room 167, Hove Town Hall, Norton Road, Hove, BN3 3BQ. If there is insufficient space at any particular category on the form, please supply the details on an additional sheet.

 

You must keep the information up to date

 

·         You must within 28 days of becoming aware of any new registerable interest or any change to any interest that you have registered, register details of that new interest or change by providing written notification to the Council’s Monitoring Officer.

 

·         You can do this either by completing and sending a new version of the attached form (Form 1) or the short form (Form 2), or a letter or e-mail with the necessary information, to the Monitoring Officer, c/o Head of Democratic Services, Room 167, Hove Town Hall, Norton Road, Hove, BN3 3BQ

 

 


 

Sensitive information exemption

 

·         “Sensitive information” means information which if disclosed, could lead to you or a person connected with you being subjected to violence or intimidation.

 

 

 

1) write in the relevant section of this form ‘sensitive information exemption being sought’, and also

 

2) email the Monitoring Officer separately with details of the information you do not wish to be published and why you consider it meets the relevant criteria. Please write ‘Confidential - sensitive information exemption sought’ in the header of your email.

 

 

Queries / Contacts

 

·         If you have any queries about the register, or making your declaration of personal interests, or amending your declaration, do please contact any of the following as appropriate:-

·         Anthony Soyinka, Head of Democratic Services - for routine matters including requests that your register be updated.

·         Elizabeth Culbert, Deputy Monitoring Officer or Victoria Simpson, Senior Lawyer, Corporate Law – for legal queries about the obligation to register and/or the interpretation of the Code, including requests for legal advice.

·         Abraham Ghebre-Ghiorghis, Corporate Director – Corporate Services  and Monitoring Officer – for any overarching queries or concerns.

 


 

Form 1

BRIGHTON & HOVE CITY COUNCIL – MEMBER DECLARATIONS

PUBLIC REGISTER OF MEMBERS' INTERESTS

 

Please complete all sections of the form. For sections where you have no declarations to make, please put “nil” or “not applicable” rather than leaving the section blank.

If you are applying to the Monitoring Officer for an exemption from the requirement that an interest be published on the grounds that it meets the criteria for a ‘sensitive interest’, please indicate this in the relevant section, as well as emailing the Monitoring Officer separately, giving your reasons so that your application may be considered.

 

This declaration is respect of ___________________________________ [please print name]

 

DISCLOSABLE PECUNIARY INTERESTS

 

My Disclosable Pecuniary Interests (including those of my spouse, civil partner, or person with whom I am living as spouse or civil partner) as listed in Table 1 of the Council’s Code of Conduct for Members and pursuant to the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012, are as follows:-

 

 

 

Type of Interest as described in the Code and Regulations.

Declaration – Disclosable Pecuniary Interests (including those of my spouse or partner with whom I am living as spouse)

 

i

Employment, office, trade, profession or vocation

 

Any employment, office, trade, profession or vocation carried on for profit or gain

 

 

ii

Sponsorship

 

Any payment or provision of any other financial benefit (other than from Brighton & Hove City Council) made or provided in the 12 month period preceding notification of this pecuniary interest in respect of any expenses incurred in carrying out duties as a member or towards your election expenses.  This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and labour relations (Consolidation) Act 1992.

 

 

iii

Contracts

 

Any contract which is made between you or other relevant persons* (or a body in which you or other relevant persons** have a beneficial interest) and the relevant authority –

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

(b)  which has not been fully discharged

 

* A “relevant person” is your spouse or civil partner; a person with whom you are living as husband or wife; or a person with whom you are living as if they were a civil partner.

 

** A “body in which the relevant person has a beneficial interest” means a firm in which the relevant person is a partner or a body corporate of which the relevant person is a director, or in the securities of which the relevant person has a beneficial interest

 

“Director” includes a member of the committee of management of a registered society within the meaning given by section 1(1) of the Co-operative and Community Benefit Societies Act 2014, other than a society registered as a credit union.

 

See ‘Securities’ for definition of ‘securities’.

 

 

iv

Land

 

Any beneficial interest in land which is within the area of the Brighton & Hove

 

“Land” excludes an easement, servitude, interest or right in or over land which does not carry with it a right for the relevant person (alone or jointly with another) to occupy the land or to receive income.

 

 

 

v

Licences

 

Any licence (alone or jointly with others) to occupy land in the area of Brighton & Hove for a month or longer

 

 

vi

Corporate Tenancies

 

Any tenancy where (to your knowledge) –

(a)  the landlord is Brighton & Hove City Council; and

(b)  the tenant is a body in which you or another “relevant person” (as defined in item 3 above) has a beneficial interest

 

 


vii

Securities*

 

Any beneficial interest in securities of a body where –

(a) that body (to your knowledge) has a place of business or land in the area of Brighton & Hove; and

(b) either –

 

(i) the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body; or

(ii) if the share capital of that body is of more than one class, the total nominal value of the shares of any one class in which you or a “relevant person” (as defined in item 3 above) has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

 

*”Securities” means shares, debentures, debenture stock, loan stock, bonds, units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 and other securities of any description, other than money deposited with a building society.

 

See (iv) for definition of ‘land’.

 

 

 

OTHER REGISTRABLE INTERESTS

 

My Other Interests as described in Table 2 of the Council’s Code of Conduct for Members are as follows:-

 

 

Type of Other Interest described in the Code

 

Please list details of your Other Interest

i

Any body of which I am in a position of general control or management

Nb this will include unpaid directorships

 

 

ii

Any gift or hospitality worth more than an estimated value of £50 or more (or two or more gifts in a single year of a total estimated value of £100 or more from the same source), which I have accepted by virtue of my office.

 

Any significant gift or hospitality which I have been offered but have refused.

 

In each case, please provide:

(i)           the name of the giver/ offerer

(ii)          the date it was offered or received

(iii)        description of gift/hospitality

(iv)        estimated value

(v)          whether or not you accepted it

(vi)        any other comments if relevant (eg if you did not benefit from the gift but passed it on).

 

 

 

 

Voluntary Registration of membership of private clubs or organisations

 

·         You may choose to provide written notification to the Monitoring Officer of your membership of any private club or organisation and of any subsequent change or addition to this information.

 

·         You are encouraged to declare all such memberships as the Council considers this promotes the interests of openness and represents good practice. That said, failing to declare any such membership will not (in and of itself) be a breach of the Code.

 

·         Please use the space below to make voluntary declaration of any relevant memberships, including sports and social clubs and any other organisation.

 

 

 

 

 

 

 

 

 

 

 

I declare that the attached information is a complete list of both my Disclosable Pecuniary Interests (specified in the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012) and my Other Registrable Interests (listed in BHCC’s Code of Conduct).

 

I make this declaration on the understanding that the information contained in it will be published on the Council’s website during my tenure as a member in accordance with the requirements of the Localism Act and the Code of Conduct.

 

I note that the information I provide will be used strictly in accordance with the principles of data protection legislation only to the extent necessary. The information I provide will be securely retained by the Council for no longer than necessary, and will disposed of no later than four years after I cease to be a member.

 

Information regarding any gifts and hospitality offered me in my capacity as a member (whether or not accepted) during any term of office will be deleted at the end of each term, even if I am re-elected.

 

Signed___________________________________

 

Date_____________________________________

 

 

Name (please print)______________________________________

 

GUIDANCE NOTE

BRIGHTON & HOVE CITY COUNCIL – MEMBER INTERESTS

 

General guidance 

 

Before filling in the form, please re-read the Council’s Code of Conduct.

 

Please also note that the rules relating to Disclosable Pecuniary Interests require you to register both your own interests and those interests which are held by your spouse or civil partner/ person with whom you are living as husband or wife or civil partner, and which you are aware of.

 

 

 Guidance in relation to shares, gifts and hospitality and land

1.         The Code refers to the nominal value of securities. Is this  different to the market value?

The nominal value of securities is the face value of those securities (eg the value recorded on a share certificate). For example:

You bought 10,000 £1.50 shares (face value) in 1999. The market value at the time was £3.00 each, so the total paid was £30,000. Those shares are now worth £45,000.  You are required to declare the nominal value of shares held in excess of £25,000. The nominal value of those shares would be £15,000 (10,000 x £1.50). Therefore you would not be obliged to enter the shares on the register of interests, even though the current market value of the shares is £45,000. This will be the case unless the number of shares you hold represents more than one hundredth of the total issued share capital of the relevant corporate body.

2.         Do I need to register all gifts and hospitality I receive?

No. You only need to register gifts and hospitality worth at least £50 (or any two or instances from the same source in one year totalling over £100) that you receive in connection with your official duties as a Member. Gifts received in a personal capacity do not fall within those circumstances, so do not need to be registered.

NB you are also required to register any gifts and hospitality over that threshold which you were offered but refused.

 

3.         Do I need to register land that I own overseas or in parts of England outside the Council's area?

No. You only need to register land you own or in which you have a beneficial interest that is within the Council's area.

 

Form 2

BRIGHTON & HOVE CITY COUNCIL – MEMBER DECLARATIONS

PUBLIC REGISTER OF MEMBERS’ INTERESTS

 

1.    You are required to notify the Monitoring Officer of any changes to your  interests within 28 days of the change. Please do so by completing this form and sending it to the Head of Democratic Services.

 

2.    NB in relation to gifts and hospitality received by you in your role as a Member, only gifts or hospitality received or refused with an estimated value of at least £50 (or two or more instances with a total value of over £100 in any one year) must be declared.

 

Please list below any gifts & hospitality over the relevant threshold that were either received by you, or offered but refused.

1.

Who supplied or offered the gift / hospitality to you?

 

 

 

2.

Date of receipt/ offer

 

3.

Description

 

4.

Estimated value

 

5.

Whether you accepted it plus any other comments / information (eg if you passed it on or donated it)

 

Please list below any other changes to your interests

 

 

 

 

 

 

 

Please amend my register of interests by making the above changes. I have provided this informationon the understanding that it will be published on the Council’s website in accordance with the requirements of the Localism Act and the Code.

 

I note that the information I provide will be used strictly in accordance with the principles of data protection legislation and only to the extent necessary. The information I provide will be securely retained by the Council for no longer than necessary and will disposed of no later than four years after I cease to be a member.

 

Information regarding any gifts and hospitality offered me in my capacity as a member (whether or not accepted) during any term of office will be deleted at the end of each term, even if I am re-elected.

 

 

Signed__________________       ________Date______________

Name (please print)_________________________________________