NORTH YORKSHIRE COUNCIL

 

STANDARDS AND GOVERNANCE COMMITTEE

 

19 June 2026

 

Registration and publication of Councillors’ usual residential address

 

 

1.0          PURPOSE OF REPORT

 

1.1          To brief Members regarding changes to the Localism Act 2011 by the English Devolution and Community Empowerment Act 2026.

 

1.2         To present proposed changes to the Council’s Code of Conduct for Members for consideration for recommendation to full Council for approval.

 

 

2.0         BACKGROUND

 

2.1         At its meeting on 13 March 2026, Members considered the Council’s approach to sensitive interests under the Localism Act.

 

2.2         Under the Localism Act 2011, if a Member has an interest, the nature of which is such that the Member and the Monitoring Officer consider that disclosure of the details of the interest could lead to the Member, or a person connected with them, being subject to violence or intimidation, then the Monitoring Officer can agree that the interest is a sensitive interest.

 

2.3         If an interest is agreed to be sensitive, this means that the Member must still disclose the existence of an interest to a meeting and in the public Register of Members’ Interests, but the sensitive details themselves to not need to be disclosed/registered in the public Register (but still need to be provided to the Monitoring Officer confidentially).

 

2.4         The Monitoring Officer considers applications for sensitive interests from NYC councillors and town and parish councillors on a case by case basis. Common requests relate to employment or business interests, and home addresses or property interests.

 

2.5         At its meeting on 13 March 2026, the Standards and Governance Committee was informed by the Monitoring Officer that some authorities were taking a different approach to the registration of Members’ home addresses by treating them as sensitive interests by default and only publishing them where a Member specifically so requests. The Monitoring Officer outlined their reservations regarding this approach and after discussion the Committee resolved at is meeting on 13 March 2026 that the Member Liaison Group on Councillor Safety be asked to provide its views on the approach taken to sensitive interests and whether any changes in approach would be appropriate. This issue is due to be discussed at the Member Liaison Group on Councillor Safety meeting on 19 June 2026.

 

2.6         The Committee also requested that the Monitoring Officer report back on how many NYC Councillors had chosen to withhold their addresses as a sensitive interest to date. The Monitoring Officer has checked their records and can confirm that to date 19 Councillors have withheld their home address as a sensitive interest.

 

 

2.7         Since the Committee’s last meeting, events have now moved on with the recent enactment of the English Devolution and Community Empowerment Act 2026 (“2026 Act”), which removes the requirement for a Member’s usual residential address to be published in the Register of Members’ Interests unless the Member specifically requests it be published.

 

3.0         THE ENGLISH DEVOLUTION AND COMMUNITY EMPOWERMENT ACT 2026

 

3.1         Section 65 of the 2026 Act amends the Localism Act 2011 (“2011 Act”) to insert a new section 32A, with the effect that from 29 June 2026, a Member’s (including voting co-opted Members) usual residential address must not be published on the Council’s website or in the public Register of Members’ Interests unless the Member specifically requests their address be published. The address must, however, still be registered confidentially with the Monitoring Officer, even if it is to be withheld from publication.

 

3.2         The legal change aims to improve councillor safety, reduce risks of harassment, modernise transparency rules and ensure that personal data is handled proportionately.

 

3.3         The Monitoring Officer has now started the process to comply with the new rules in advance of 29 June 2026. The Monitoring Officer is contacting all North Yorkshire Council Councillors and all Parish Clerks for parish/town councils in the North Yorkshire area to explain that if a councillor’s usual residential address is currently published in the public Register of Interests and on the Council’s website, it will be deleted by the Monitoring Officer and treated as a sensitive interest leading up to 29 June 2026 (unless Councillors let the Monitoring Officer know otherwise) and the following wording will be added in its place in the Register (for transparency purposes):

 

“The usual residential address interest is withheld from publication under section 32(2) of the Localism Act 2011. From 29 June 2026, the interest is withheld under section 32A Localism Act 2011.”

 

3.4         If a different residential address for a spouse/partner is listed on a councillor’s interests form, this will be deleted as a sensitive interest by the Monitoring Officer (unless the councillor lets the Monitoring Officer know otherwise) and the following transparency wording added in its place:

 

“There is a further interest under this section, the details of which are withheld from publication under section 32(2) of the Localism Act 2011.”

 

3.5         Regarding Members who have multiple land interests registered in their interests form, for the purposes of the legislation a councillor may only have one usual residential address. Such Members will therefore need to confirm to the Monitoring Officer which of their registered interests they consider to be their usual residential address and whether they want to opt in to publication of it in the public register and on the website. Other land interests which a Member believes to be sensitive may still be treated as a sensitive interest if agreed as such with the Monitoring Officer.

 

3.6         Members who choose to opt in to registering their usual residential address in the public Register and on the website may withdraw this later: the process is fluid and Members may opt in and out at any time by confirmation in writing to the Monitoring Officer.

 

3.7         Members who are members of other authorities should liaise with the relevant officer of that authority regarding registration issues for that authority.

 

4.0         IMPACT OF LEGISLATIVE CHANGE ON NYC STANDARDS PROCESS

 

4.1       The Monitoring Officer is currently reviewing the Council’s standards processes and documentation to see what changes may need to be made following the recent legislative changes.

 

Template registration of interests form

 

4.2       The proforma registration of interests form will need to be amended to take account of the change in legislation. The Monitoring Officer intends to amend the template as set out in Appendix 1, with similar amendments being made to the template for parish and town councils.

 

NYC Code of Conduct for Members

 

4.3       The main change which will be required is to the Members’ Code of Conduct and its provisions regarding registration and declaration of interests. Proposed amendments are set out by way of tracked changes in Appendix 2 for Members’ consideration.

 

4.3.1    The amendments suggested are:

 

·         including a new section 15A in the Disclosable Pecuniary Interests section regarding Members’ usual residential addresses to reflect the legislative changes;

 

·         amending paragraphs 16(3) and (4) regarding registration of disclosable pecuniary interests before taking office;

 

·         amending paragraph 17(2) and (8) regarding declaration of disclosable pecuniary interests to meetings and by a single Member;

 

·         amending Appendix 1 (Disclosable Pecuniary Interests) by including in the definition of “land”, a reminder to refer to section 15A of the Code regarding a Member’s usual residential address;

 

·         The opportunity has also been taken to propose an amendment to paragraph 15(1)(b)(ii) of the Code (interests which are disclosable pecuniary interests) to reflect changes made to section 30(3)(b) of the Localism Act 2011 by the Civil Partnership (Opposite-sex Couples) Regulations 2019/1458. 

 

4.4       Any amendments to the Council’s Code of Conduct for Members must be approved by full Council and there must be such publicity as the authority considers is likely to bring the changes to the attention of persons who live in its area (section 28 of the Localism Act 2011). It is recommended to Members that, following any approval by full Council of the changes to the Code, such publicity be undertaken regarding the changes to the Code as the Monitoring Officer deems appropriate. It is the Monitoring Officer’s view that a proportionate approach to publicity is the reporting of this matter to the Standards and Governance Committee at its meeting on 19 June 2026, consideration of changes to the Code of Conduct by full Council and the subsequent publication of an item on the Council’s website.

 

4.5       Subject to any comments Members may have, it is recommended that the proposed changes to the Members’ Code of Conduct be proposed to full Council for approval.

 

4.6       Parish and town councils have also been encouraged to review their codes of conduct regarding these matters. A copy of the proposed changes to the Council’s code will be circulated to parish and town councils.

 

5.0         FINANCIAL IMPLICATIONS

 

5.1         There are no significant financial implications arising from this report.

 

6.0         LEGAL IMPLICATIONS

 

6.1       The legal implications are set out in the body of this report.

 

7.0         ENVIRONMENTAL/CLIMATE CHANGE IMPLICATIONS

 

7.1       There are no significant environmental implications arising from this report.

 

8.0         EQUALITIES IMPLICATIONS

 

8.1         There are no significant equalities implications arising from this report.

 

 

9.0       RECOMMENDATIONS

 

9.1      That Members note the contents of this report.    

 

9.2      That, subject to any comments Members may have, the proposed amendments to the Council’s Code of Conduct for Members be recommended to full Council for approval.

 

9.3      That, following any approval by full Council of the proposed changes to the Code, such publicity about the changes be undertaken as the Monitoring Officer deems appropriate.

 

 

 

BARRY KHAN

Assistant Chief Executive Legal and Democratic Services and Monitoring Officer

 

 

Background Documents:

The Localism Act 2011

The English Devolution and Community Empowerment Act 2026

The Civil Partnership (Opposite-sex Couples) Regulations 2019/1458

 

 

County Hall

NORTHALLERTON

 

 

10 June 2026