Question

Does a clerk have to declare an interest when arranging for tenders to be awarded?

Answer 1

Declare an interests in what actually? The clerk carries out the wishes and instructions of the council. Which should decide the wording of the invitation to tender, the specification of the works/ item required and the list of invitees. Also dates for submission and procedure for receiving safe keeping and opening ( who will be present) of the tenders. It will be the council who decide who will be awarded the contract not the clerk.

All of this should be specified by the council and managed by the clerk. As there should be  no possibility of influence by the clerk only the integrity of the clerk would guide the necessity of a declaration of interest by them.

Answer 2

Has your  Clerk has selected a company to seek a tender from that he or she is connected with in some way? Is there a potential conflict of interest here?

Answer 3

Only if she has connects to the applicants in which case it would be wise to step back from the whole process and use an independent person