The Local Authorities (Members' Interests) Regulations 1992

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(1);

“the 1973 Act” means the Local Government (Scotland) Act 1973(2)

“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 localauthority, 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 orjointly 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 ageneral notice—

(a) stating his name; and

(b) setting out, for each matter listed in the first column of theSchedule to these Regulations in respect of which he has such a director indirect pecuniary interest as is described in the second column ofthat Schedule, the information prescribed in the said second column; and

(c) stating, for each other matter so listed, that he does not have suchan interest.

(2) A person who is a councillor both on and immediately before 8th May1992 shall give the general notice not later than one month after thedate on which he first (on or after that date) attends a relevantmeeting.

(3) A person who is elected as a member of an authority on or after 8thMay 1992 and was not already a councillor of that authority immediatelybefore the date of his election shall give the general notice not laterthan one month after—

(a) if he is a member of the Common Council of the City of London, thedate 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 undersection 83(1) of the 1972 Act(3)or, as the case may be, section 33A of the 1973 Act(4)(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 beingdischarging any of the functions of the authority or appointed to advisethe authority on a matter relating to the discharge of their functions.

Further notices

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

Recording the information

5.—(1) Subject to paragraph (3), the proper officer of an authority shallmaintain records, as prescribed in paragraph (2), of the informationcontained 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 informationcontained in it.

(3) Paragraph (1) shall apply to information given by a councillor onlyfor 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 bymembers 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