Agenda item

Considered

The report of the Assistant Chief Executive Legal and Democratic Services and Monitoring Officer to brief Members on the changes to the Localism Act 2011 by the English Devolution and Community Empowerment Act 2026 and present the proposed changes to the Council’s Code of Conduct for Members for consideration for recommendation to Full Council for approval.

The Senior Governance Lawyer introduced the report and explained the upcoming legislation change whereby from 29 June 2026, Section 65 of the 2026 Act amends the Localism Act 2011 to insert a new section 32A that a Member’s (including voting co-opted Members) usual residential address must not be published on the Council’s website or in the public Register of Members’ Interests unless the Member specifically requests their address be published.

It was clarified that an address must still be registered confidentially with the Monitoring Officer, even if it is to be withheld from publication. The aim of the new legislation is to improve councillor safety, reduce risks of harassment, modernise transparency rules and ensure that personal data is handled proportionately.

The Senior Governance Lawyer explained that the Monitoring Officer has commenced the process of complying with the new requirements in advance of 29 June 2026. This has involved contacting all NYC councillors, as well as parish clerks for parish and town councils across North Yorkshire, to advise that where 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 and treated as a sensitive interest leading up to 29 June 2026, unless the councillor lets the Monitoring Officer know otherwise. For transparency purposes, the following standard wording would be inserted in place of the published usual residential address on the register:

“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.”

It was also clarified that the new legislation applies only to a councillor’s usual residential address and if a councillor has multiple land interests registered, they will need to confirm which of their 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 Council’s website. It was emphasised that councillors may opt in and out at any time by confirmation in writing to the Monitoring Officer.

Appendix 1 sets out the proforma registration of interests form which requires amending to take account of the change in legislation. Similar amendments would be made to the template for parish and town councillors.

Appendix 2 sets out the change to the Members’ Code of Conduct and its provisions regarding registration and declaration of interests. Further information on the suggested amendments can be found at paragraph 4.3.

In response to the report, Members raised the below points:

·       Several Members welcomed the legislative change, noting that it provides greater flexibility and allows councillors to opt in to make their usual residential address publicly available if they wish.

·       One Member expressed support for retaining the publication of councillors’ home addresses in the interests of transparency and confirmed their intention to opt in to the public register. Another Member also confirmed their intention to opt in.

·       Concerns were raised that the removal of residential addresses from the public domain may make it more difficult for residents to contact councillors by post. It was confirmed in response that correspondence can be sent via Democratic Services, who will forward it to the relevant councillor.

·       A query was raised regarding the management of councillor post, including whether more efficient forwarding arrangements or a centralised pigeonhole system could be implemented to reduce postage costs.

·       Another Member welcomed the new legislation, noting that it may help reduce the risk of harassment affecting councillors and their families at home addresses.

·       Independent Person Louise Holroyd also expressed her support for the legislative change.

·       One Member indicated general support for the change while choosing to retain publication of their own address and raised concerns that a decision not to opt in could be perceived negatively by members of the public.

·       Several Members suggested that the proforma registration of interests form should be revised to improve clarity, including the removal of the tick box relating to opting out of address publication, given that non-publication is the default position.

·       In response, the Senior Governance Lawyer clarified that residential addresses will not be published unless a councillor expressly opts in. It was confirmed that further amendments to the form would be made to improve clarity and reflect Members’ comments. Members did not feel they needed to review the further amendments to be made and were happy for the Monitoring Officer to implement them.

·       It was noted that risks to councillor safety often arise from external organisations rather than local residents, who may already be aware of councillors’ addresses.

·       It was clarified that other registered interests may still be treated as sensitive interests where appropriate.

Resolved

       i.         Members noted the contents of the report.

     ii.         The proposed amendments to the Council’s Code of Conduct for Members be recommended to Full Council.

    iii.         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.

    iv.         It was agreed that the covering document to the proforma registration of interests form at Appendix 1a be amended to make the default position clearer.