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Draft dated 17th Dec 99

		Made - - - -		2000
		Laid before Parliament		2000
		Coming into force		2000

The Lord Chancellor, in exercise of the powers conferred on him by section 39A(1) and (4) of the Justices of the Peace Act 1997 (Endnote 1.), having undertaken consultation in accordance with section 39A(3) of that Act, makes the following Order:

Citation and commencement
1.     This Order may be cited as the Code of Conduct (Magistrates' Courts Committees and Selection Panels) Order 2000 and shall come into force on 2000.

Code of Conduct
2.     The code of conduct set out in the Schedule to this Order shall come into force.

Signed by the authority of the Lord Chancellor

Parliamentary Secretary
Lord Chancellor's Department

Article 2

Definitions
1. In this Code-

1. "the Code" means the Code of Conduct set out in the Schedule to this Order;

2. "a member", unless the context otherwise requires, means a person who is either a member of a magistrates' courts committee or a member of a selection panel for choosing members of magistrates' courts committees;

3. reference to a member's partner means a person with whom that member lives as a couple and includes a person with whom that member is not currently living but from whom he is not living separate and apart;

4. reference to a member's private interests includes (without limitation) his interest as a member of any body or organisation (apart from the magistrates' courts committee or selection panel of which he is a member); and, in the case of a member of a magistrates' courts committee, also includes (without limitation)-

   1. a financial or other interest in an actual or potential contractor with the magistrates' courts committee;

   2. a financial or other interest in an individual, firm, company, body or organisation that is a competitor of an actual or potential contractor with the magistrates' courts committee;

   3. a financial or other interest of a member's partner in an actual or potential contractor with the magistrates' courts committee;

   4. a financial or other interest in an actual or potential contractor with the magistrates' courts committee by way of acting in a professional capacity for that contractor;

5. In sub-paragraph (d) "an actual or potential contractor with the magistrates' courts committee" means an individual, firm, company, body or organisation that has entered into a contract with the magistrates' courts committee or with whom the magistrates' courts committee is considering entering into a contract.

Integrity
2. (1) A member must in the performance of his duties act-

1. solely in the public interest; and

2. in accordance with the public trust placed in him.

(2) A member must at all times comply with the law and uphold the administration of justice.

(3) A member must not-

1. place himself in a position where his integrity might reasonably be called into question by reason of any financial or other obligation;

2. take any action which could bring discredit on the magistrates' courts committee or on the selection panel of which he is a member.

(4) A member must not make use of his appointment as a member to further his private interests: in particular a member must not-

1. use his position as a member to obtain benefits, preferential treatment or other advantage for himself, his partner, his colleagues, or, in the case of a member of a magistrates' courts committee, employees of the magistrates' courts committee;

2. confer benefits, preferential treatment or advantage improperly on others.

(5) "Colleagues" in sub-paragraph (4)(a) means people with whom the member works in the performance of his duties as a member and includes-

1. other members of the magistrates' courts committee or selection panel of which he is a member; and,

2. in the case of justices, other justices who sit as justices in the same magistrates' courts committee area as the member.

(6) A member must take reasonable steps to ensure that any papers or information received in the performance of his duties are kept safe.

(7) A member must not use any papers or information received in the performance of his duties for any purpose other than the performance of his duties as a member.

Conflict of interests
3.(1) A member must ensure that he does not act in any way in which there is or might reasonably supposed to be a conflict of interest between his duties as a member and his private interests.

(2) If a member has a private interest in a topic to be discussed at a meeting that member must-

1. disclose his interest before the discussion;

2. take no part in the discussion; and

3. request that his disclosure be recorded in the minutes of the meeting.

(3) A member of a magistrates' courts committee complies with his duty of disclosure under sub-paragraph (2) if he gives a notice to the justices' chief executive that he has an interest in a specified firm, company, body or organisation and is to be regarded as interested, after the date of the notice, in any contract that has been or may be made with the firm, company, body or organisation until he withdraws the notice.

(4) A notice referred to in sub-paragraph (3) may be given orally at a meeting or in writing addressed to the justices' chief executive.

(5) If a conflict of interest arises between a member's duties as a member and his private interests, that member must-

1. ensure that the conflict does not have, and could not be perceived (by a reasonable member of the public) to have, any influence on his decision-making as a member; and

2. take steps to resolve the conflict in a way that protects the public interest.

Objectivity
4. A member must, when acting in the performance of his duties, make choices solely on merit when awarding contracts, or recommending individuals for rewards or benefits.

Accountabilitybr> 5. A member is accountable to the magistrates' courts committee or selection panel of which he is a member and to the local community and must submit himself to whatever scrutiny of his decisions, actions and lack of action as is reasonable for his office.

Openness
6. A member must-

1. be as open as possible about all decisions, actions and lack of action that he takes in the performance of his duties;

2. give reasons for those decisions, actions and lack of action when called upon to do so; and

3. restrict supplying information only when the public interest clearly demands such restriction.

Duty to declare financial or other interests
7.(1) A member must disclose in writing to the justices' chief executive details of any interest of himself and his partner which may, or which may be perceived (by a reasonable member of the public) to, influence his judgment as a member.

(2) A member must make the disclosure required by sub-paragraph (1)-

1. within a period of one calendar month commencing with the date that he becomes a member; and

2. if the interest is acquired after he becomes a member, within a period of one calendar month commencing with the date that the interest was acquired.

(3) "Interest" in sub-paragraph (1) includes (without limitation) -

1. directorships (whether paid or unpaid and including shadow directorships);

2. employment;

3. offices or professions;

4. membership of a partnership;

5. membership of Lloyds; and

6. shareholdings with a nominal value greater than £25,000 for each fixed interest holding or 1% of the issued share capital in any company.

(4) In sub-paragraph (3) "shareholding" includes shares held solely, jointly, or in a representative capacity (including, without limitation, shares held as trustee).

Gifts, hospitality and services
8.(1) A member must not accept gifts, hospitality or services that might reasonably be thought to influence, or to be intended to influence, him in the performance of his duties.

(2) The following gifts and hospitality will not be regarded as influencing or intending to influence a member in the performance of his duties-

1. gifts that are occasional and inexpensive, such as calendars; and

2. conventional hospitality provided it is normal and reasonable in the circumstances.

(3) A member must report in writing to the justices' chief executive details of offers of gifts, hospitality or services made in connection with his membership.

(4) The details required to be reported in sub-paragraph (3) are-

1. description of the gift, hospitality or services;

2. the name, occupation and any position held, of the person who offered to make the gift or provide the hospitality or services;

3. the estimated value of the gift, hospitality or services;

4. whether the offer was accepted or not; and

5. in the case of a gift, where that gift now is.

Leadership
9. A member must-

1. promote and support the Code by leadership and example; and

2. treat everybody he encounters in the performance of his duties as a member in a way that engenders mutual respect at all times.

Duty to report breaches of the Code
10. A member must report to the justices' chief executive any breaches of the Code of which he is aware, whether by himself or any other member.

This Order contains a code of conduct to be observed by members of magistrates' courts committees and members of selection panels for choosing members of such committees.

Endnotes

1. 1997 c.25. Section 39A was inserted into the Justices of the Peace Act 1997 by section 86 of the Access to Justice Act 1999 (c.22).

 

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