Proposed amendments to the Members’ Code of Conduct

Report of the Standards and Governance Committee

1.0 PURPOSE OF REPORT

1.1 To present to Members, for their consideration and approval:

a) proposed amendments to the Members’ Code of Conduct, arising out of the English Devolution and Community Empowerment Act 2026 (the 2026 Act), which removes the requirement for a Member’s usual residential address to be published in the Register of Members’ Interests and on the Council’s website, unless the Member specifically opts in to publication; and

b) proposed arrangements for publicity regarding the amendments.

2.0 BACKGROUND

2.1 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with the effect that from 29 June 2026, a Member’s (including voting co-opted Members) usual residential address must not be published on the Council’s website or in the public Register of Members’ Interests unless the Member specifically requests their address be published.

2.2 The address must, however, still be registered confidentially with the Monitoring Officer, even if it is to be withheld from publication, and the existence of an interest must still be registered (see the transparency wording below) and declared to meetings as required, but without disclosing the address itself.

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

2.4 The Monitoring Officer contacted all North Yorkshire Council Councillors and all Parish Clerks for parish/town councils in the North Yorkshire area prior to 29 June 2026 to explain that if a councillor’s usual residential address was published in the public Register of Interests and on the Council’s website, it would 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 would 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.”

2.5 For the purposes of the 2026 Act, a councillor may only have one usual residential address. Other land interests which a Member may have registered may still be treated as a sensitive interest if agreed as such with the Monitoring Officer.

2.6 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 (email is fine).

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

3.0 IMPACT OF LEGISLATIVE CHANGE ON NYC STANDARDS PROCESS

3.1 The Monitoring Officer reported to the Standards and Governance Committee on 19 June 2026 (Agenda for Standards and Governance Committee on Friday, 19 June 2026, 10.00 am | North Yorkshire Council) regarding the impact of the 2026 Act on the Council’s standards regime, for the Committee to consider what changes may be required.

3.2 The Committee agreed certain amendments to be made to the registration of interests form template, which the Monitoring Officer is implementing.

3.3 The Committee also considered the proposed amendments to the Members’ Code of Conduct set out in Appendix 1 and agreed that they should be recommended to full Council for approval. A clean version of the Code of Conduct, with the tracked change proposed amendments accepted, is attached at Appendix 2 for completeness.

3.4 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, to reflect the legislative changes;

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

· 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, to reflect the legislative changes; and

· 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.

3.5 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 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.

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

4.0 FINANCIAL IMPLICATIONS

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

5.0 LEGAL IMPLICATIONS

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

6.0 EQUALITY IMPLICATIONS

6.1 There is no impact on equalities issues in this report. A copy of the initial screening form is attached at Appendix 3.

7.0 ENVIRONMENTAL/CLIMATE CHANGE IMPLICATIONS

7.1 There are no significant climate change implications arising from this report. A copy of the initial screening form is attached at Appendix 4.

8.0 CONSULTATION

8.1 Relevant Officers and Members have been consulted on the proposed changes set out in this report. This report reflects the views of the Standards and Governance Committee expressed at its meeting on 19 June 2026.

9.0 REASONS FOR RECOMMENDATIONS

9.1 For the reasons set out in the in the body of this report the recommendations set out below are proposed to full Council for approval.

10.0 RECOMMENDATIONS

10.1 That the Members’ Code of Conduct be amended as set out by way of tracked changes in Appendix 1, with the changes accepted version of the Code as set out in Appendix 2 taking effect immediately.

10.2 That such publicity about the changes to the Code be undertaken as the Monitoring Officer deems appropriate.

COUNCILLOR CLIVE PEARSON

Chair of NYC Standards and Governance Committee

Background Papers:

The English Devolution and Community Empowerment Act 2026

The Localism Act 2011

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

Minutes of and reports to the Standards and Governance Committee meetings

Appendices

1. Draft amendments to the Members’ Code of Conduct

2. Revised Members’ Code of Conduct (tracked changes accepted)

3. Equality Impact Assessment Screening Form

4. Climate Change Impact Assessment Screening Form

22 June 2026