THANET DISTRICT COUNCIL DECLARATION OF INTEREST FORM
Do I have a personal interest?
You have a personal interest in any business of your authority where it relates to or is likely to affect:
a) An interest you must register.
b) An interest that is not on your register, but where the well-being or financial position or you, members of your family (spouse; partner; parents; in laws; step/children; nieces and nephews), or people with whom you have a close association (friends; colleagues; business associates and social contacts that can be friendly and unfriendly) is likely to be affected by the business of your authority more than it would affect the majority of:
- Inhabitants of the ward or electoral division affected by the decision (in the case of the authorities with electoral divisions or wards.)
- Inhabitants of the authority’s area (in all other cases)
These two categories of personal interests are explained in this section. If you declare a personal interest you can remain in the meeting, speak and vote on the matter, unless your personal interest is also a prejudicial interest.
Effect of having a personal interest in a matter
You must declare that you have a personal interest, and the nature of that interest, before the matter is discussed or as soon as it becomes apparent to you except in limited circumstances. Even if your interest is on the register of interests, you must declare it in the meetings where matters relating to that interest are discussed, unless an exemption applies.
When an exemption may be applied
An exemption applies where your interest arises solely from your Membership of, or position of control or management on:
1. Any other body to which you were appointed or nominated by the authority.
2. Any other body exercising functions of a public nature (e.g. another local authority)
Is my personal interest also a prejudicial interest?
Your personal interest will also be a prejudicial interest in a matter if all of the following conditions are met:
a) The matter does not fall within one of the exempt categories of decisions
b) The matter affects your financial interests or relates to a licensing or regulatory matter.
c) A member of public, who knows the relevant facts, would reasonably think your personal interest is so significant that it is likely to prejudice your judgement of the public interest.
What action do I take if I have a prejudicial interest?
a) If you have a prejudicial interest in a matter being discussed at a meeting, you must declare that you have a prejudicial interest as the nature of that interest becomes apparent to you.
b) You should then leave the room, unless members of the public are allowed to make representations, give evidence or answer questions about the matter, by statutory right or otherwise. If that is case, you can also attend the meeting for that purpose.
c) However, you must immediately leave the room once you have finished or when the meeting decides that you have finished (if that is earlier). You cannot remain in the public gallery to observe the vote on the matter.
d) In addition you must not seek to improperly influence a decision in which you have a prejudicial interest.
This rule is similar to your general obligation not to use your position as a Member improperly to your or someone else’s advantage or disadvantage.
What if I am unsure?
If you are in any doubt, Members are strongly advised to seek advice from the Monitoring Officer or the Democratic Services Manager well in advance of the meeting.
DECLARATION OF PERSONAL AND, PERSONAL AND PREJUDICIAL INTERESTS
MEETING………………………………………………………………………………………………...
DATE…………………………………………… AGENDA ITEM ……………………………………
IS YOUR INTEREST:
PERSONAL
PERSONAL AND PREJUDICIAL
NATURE OF INTEREST:
……………………………………………………………………………………………………………
……………………………………………………………………………………………….……………
…………………………………………………………………………………………………………….
NAME (PRINT): …………………………………………………………………………………………
SIGNATURE: ……………………………………………………………………………………………
Please detach and hand this form to the Committee Clerk when you are asked to declare any interests.
