Changes to Guidance and Advice Notes

28th March 2025

The Standards Commission has made the following changes to its Guidance on the Councillors' Code of Conduct, its Guidance on the Model Code of Conduct and some of its Advice Notes for councillors and members of devolved public bodies. The changes are outlined below, and the revised versions are all on the website, under either the 'Guidance' page or the 'Advice Notes and Resources' page.

Guidance on the Councillors’ Code of Conduct

Additional content has been added to:

• Advise councillors to be wary of disclosing confidential information when using personal emails, AI or the chat function in online meeting.
• Make it clear that the provision prohibiting the seeking of preferential treatment can include when councillors are dealing with fellow elected members, not just council employees.
• Make it clear the dispensation for members of pension committees also applies to members of pension boards.

Guidance on the Model Code of Conduct for Members of Devolved Public Bodies

Additional content has been added to:

• Advise members to be wary of disclosing confidential information when using personal emails, AI or the chat function in online meeting.
• Make it clear that the provision prohibiting the seeking of preferential treatment can include when members are dealing with fellow board members, not just their public body’s employees.
• Note that public bodies need to consider potential conflicts of interest carefully when deciding which board members should be appointed or nominated to outside bodies.
• Note that Members should ensure their Register of Interests is amended timeously if they have made a mistake with an entry (such as recording the name of an employer incorrectly). Members are advised to consider keeping a note of why they have made an amendment, in case anyone questions this.
• Note that, for the purpose of applying the objective test to determine whether a connection to a matter amounts to a declarable interest, relevant facts would include the nature and extent of the member’s connection, and the nature and extent of the specific agenda item to be discussed or determined by their public body. The Guidance notes, for example, that a relevant fact would not just be that the member knew someone who was connected to a matter to be discussed. It could include be how well the member knew the individual concerned and in what capacity. The Guidance notes that the relevant facts could include whether the board is being asked to discuss and determine a matter, or whether it is simply being asked to note a decision taken by employees. Relevant facts could also be the composition of the board, and the role and remit of the public body.
• Make it clear that while members can make transparency statements (in circumstances where, having applied the objective test, they do not consider their connection to a matter could amount to a declarable interest), a failure to do so would not amount to a breach of the Code. 

Advice  Note for Members of Devolved Public Bodes on Distinguishing between Strategic and Operational Matters

A note has been added to highlight to members that the distinction between what is strategic and operational may alter if the size or remit of their public body changes. 

Advice Note for Chairs of Devolved Public Bodies

This has been amended to highlight the fact that Chairs have a key role in the ethical standards framework in ensuring the culture of public bodies is constructive and respectful, where all members are encouraged actively to participate and express views.

Advice Notes for Councillors and Members on Online Meetings

A note has been added to remind councillors and members of the potential for inadvertent disclosure of confidential information while using the chat function in online meetings.

Advice Note for Members of Health and Social Care Integration Joint Boards

Additional content added to make it clear that:

• In order to maintain public confidence, it is essential that IJB members both make decisions, and are seen to be making decisions, in the best interests of the IJB and based on the information provided by officers and matters discussed during any discussion at the IJB meeting in question (as opposed to the interests of any other organisation or body of which they are a member or any political party or group).
• Council appointed members of the IJB should not base, or be seen to be basing, their discussions or decisions, as an IJB member, on political considerations or along party lines.