PECUNIARY INTERESTS

Question

Need some advice re DPIs i.e. what is legally required and what is "nice to have".  We have Community Centre which is heavily subsidised via a PC grant . Many of the trustees are also Councillors .  So do they have a DPI?.  I say not as it only relates to   circumstances in which you operate for profit or again so Charities are excluded .  Our clerk says but they might also be liable for losses so that is  a DPI as well ?? There are  some references which talk of "sensitive interests" like being  trustees,  Are these optional non DPIs which cannot attract non voting "penalties" ?.  And finally, can our SOs override all of the above ?

Answer 1

Jamie   A few questions.  What type of charity is the community centre (unincorporated charitable trust - whatever?).  Who is the custodian trustee - is that the council?  Are the councillor trustees appointed through the community centre constitution ir is it a case of councillors also being trustees as they are very active in the village?   The trustees can only act in the interests of the charity so they have an interest under the localism act and its guidance, but that IMHO has made a dogs dinner of the relationship between councils and local charities.

Answer 2

The DPIs that are legally required to be disclose are set out here:

https://www.legislation.gov.uk/uksi/2012/1464/schedule/made

What you describe would not be a DPI as you gain no personal benefit from your position. They relate to gains not losses. So if you are only liable for losses that is not a DPI.

Sensitive interests are interests that could possibly lead to you being subject to violence or intimidation if they were revealed. On agreement with the Monitoring Officer the nature of these interests don't have to be revealed (but you do still need to declare that an interest exists).

It is a criminal offence not to declare DPIs. No standing order can override criminal law.

Don't forget that under your Councillor Code of Conduct you do also need to declare 'other registrable interests', and being a trustee would be one of these.

Comments

I think I have figured out my local situation.  Pecuniary interests have by law to be declared to the monitoring officer.  On top of this there is an optional extra for non-pecuniary or other interests.  Both of the above are then recorded on individual  PC’s generic “register of interests “ forms with Cllrs deciding what other interests their Council chooses to include. Details of these are recorded in each PC’s code of conduct as are the agreed procedures re dispensation.  Our code of conduct stipulated the dispensation had to be applied for in writing to the clerk  before each meeting.  I then checked our SOs which stipulated that dispensation applications could be made at the beginning of each meeting and if required applied over a longer agreed period .  So Fred Karnos? . One question what has precedence Code of Conduct or Standing Orders ?