Statutory Instrument 1992 No. 618

The Local Authorities (Members' Interests) Regulations 1992

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© Crown Copyright 1992

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1992 No. 618

LOCAL GOVERNMENT, ENGLAND AND WALES LOCAL GOVERNMENT, SCOTLAND

The Local Authorities (Members' Interests) Regulations 1992

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

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

Interpretation
    2.    In these Regulations—
"the 1972 Act" means the Local Government Act 1972^[2];
"the 1973 Act" means the Local Government (Scotland) Act 1973^[3]
"authority" means—
 (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 local authority, police authority or port health authority; and,
 (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 or jointly 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.

General notices
    3.—(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 a general notice—
 (a) stating his name; and
 (b) setting out, for each matter listed in the first column of the Schedule to these Regulations in respect of which he has such a direct or indirect pecuniary interest as is described in the second column of that Schedule, the information prescribed in the said second column; and
 (c) stating, for each other matter so listed, that he does not have such an interest.

    (2)  A person who is a councillor both on and immediately before 8th May 1992 shall give the general notice not later than one month after the date on which he first (on or after that date) attends a relevant meeting.

    (3)  A person who is elected as a member of an authority on or after 8th May 1992 and was not already a councillor of that authority immediately before the date of his election shall give the general notice not later than one month after—
 (a) if he is a member of the Common Council of the City of London, the date 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 under section 83(1) of the 1972 Act^[4]or, as the case may be, section 33A of the 1973 Act^[5](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 being discharging any of the functions of the authority or appointed to advise the authority on a matter relating to the discharge of their functions.

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

Recording the information
    5.—(1)  Subject to paragraph (3), the proper officer of an authority shall maintain records, as prescribed in paragraph (2), of the information contained 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 information contained in it.

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

Inspecting the records
    6.    The proper officer shall keep the records open to inspection by members of the public without charge at all reasonable hours.

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

[1] 1989 c. 42. back

[2] 1972 c. 70; section 98(1) was amended by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 8. back

[3] 1973 c. 65; section 42(1) was amended by the Financial Services Act 1986, Schedule 16, paragraph 9. back

[4] Section 83 was amended by S.I. 1977/1710, the Local Government Act 1985 (c. 51), Schedule 17, the Education Reform Act 1988 (c.40), Schedule 13 and the Local Government and Housing Act 1989 (c.42), section 30(2). back

[5] Section 33A was inserted by the Local Government and Housing Act 1989, section 30(1). back

Explanatory Note