Councillors' code of conduct: consultation 2020

Section 1:  Introduction to the Code of Conduct

1.1 The public has a high expectation of councillors and the way in which they should conduct themselves in undertaking their duties in the Council. 

1.2 The Ethical Standards in Public Life etc. (Scotland) Act 2000 (the "Act"):
a) provides for the introduction of new codes of conduct for local authority councillors and members of relevant public bodies;
b) imposes on Councils and relevant public bodies a duty to help their members to comply with the relevant code; and
c) established an independent body to oversee the new framework and deal with alleged breaches of the codes. 

1.3 The first Councillors' Code of Conduct came into force in 2003. The Code has since been reviewed, and re-issued in 2010 to reflect legislative changes. The 2020 Code has been issued by the Scottish Ministers following consultation, and with the approval of the Scottish Parliament, as required by the Act. This Code applies to every elected member of a local authority in Scotland. It is also directed at co-opted members of committees and sub committees who are not elected councillors.

1.4 The provisions of the Code which follow have been developed in line with the key principles listed in Section 2 and set out how the principles should be interpreted and applied in practice.

Explanatory Note: (These are to help you for the consultation and will not appear in the final version.)

Attempts have been made to ensure the provisions in the Code are in plain English so that they are easier to understand.

Where possible, any unnecessary content (including any duplication and any information that is only there for guidance, as an explanation or to provide context), has been removed from Sections 3 - 7. This is to ensure the Code is as succinct and as easy to understand as possible. It is hoped that the changes will also make it easier to interpret the Code and for complaints about any potential breach to be investigated and adjudicated upon.

Any guidance, explanatory and background information removed from the existing Code will be included in the Standards Commission's guidance on the revised Code.

My Responsibilities

1.5 I will comply with the provisions of this Code in all situations where I am acting as a councillor, have referred to myself as a councillor or could reasonably be perceived as acting as a councillor.

1.6 I will comply with the provisions of this Code in all my dealings with the public, employees and fellow councillors, whether formal or informal.

1.7 I understand that it is my personal responsibility to be familiar with the provisions of the Code and that I must also comply with the law and my Council's rules, standing orders and regulations. I will also ensure that I am familiar with any guidance issued by the Standards Commission.

1.8 I will not, at any time, advocate or encourage any action contrary to the Code. I will meet the public's expectations by ensuring that my conduct is above reproach.

1.9 I understand that no written information whether, in the Code itself or the associated Guidance, can provide for all circumstances and if I am uncertain about how the rules apply, I will seek advice from senior Council employees. I note that I may also choose to seek external legal advice on how to interpret the provisions of the Code. 

Explanatory Note: The Code is now presented in the first person to encourage councillors to accept and endorse its content and to emphasise that it is their personal responsibility to be aware of, and comply with, its provisions.

All the general responsibilities previously outlined in Sections 1 and 2 of the existing Code now appear in this version in the 'My Responsibilities' section above to give the more prominence and to distinguish them from any background or introductory information about the Code.

The statement outlining when the Code applies has been moved to this section (it is at paragraph 3.1 in the existing version). This is to make it clear that all provisions in the Code, and not just the rules of good conduct in Section 3, apply in the circumstances outlined.

Enforcement

1.10 Part 2 of the Act sets out the provisions for dealing with alleged breaches of the Code, including the sanctions that can be applied if the Standards Commission for Scotland finds that there has been a breach of the Code.  More information on how complaints are dealt with and the sanctions available can be found at Annex C.