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Councillors' Code of Conduct and Register of Interests

All councils are required by the Localism Act 2011 to adopt a code of conduct that sets out the rules governing their behaviour and registration declaration of interests for their councillors and co-opted members when acting in their official capacity. Colchester Borough Council adopted its code of conduct on 25 June 2012 and it came into effect on 1 July 2012.

Councillors' register of interests - Colchester Borough Council

The Monitoring Officer is required by the Localism Act 2011 to maintain a register of councillors and co-opted members interests and to publish the register on the Council's website. This is shown under Related Pages on the right of this page.  Members of the public can also arrange to view it at Rowan House by calling 01206 282222.

Councillors' register of interests - Parish, Town and Community Councils

The Monitoring Officer is required by the Localism Act 2011 to maintain a register of councillors and co-opted members interests of Parish, Town and Community Council's situated within the Borough of Colchester and to publish the register on the Council's website.  This is shown under Related Pages on the right of this page. Where a Parish, Town or Community Council has a website it must also be published on that website. Members of the public can arrange to view it at the respective Parish, Town or Community Council offices.

Complaints and investigations against Councillors and Co-opted Members who are alleged to have failed to comply with the Code of Conduct.

From 1 July 2012 the Borough Council was required by the Localism Act 2011 to have in place "Arrangements" for dealing with allegations that councillor sand co-opted members had failed to comply with the Code of Conduct and also to investigate and determine those allegations. All complaints must be made in writing.

Please ensure that you read the Borough Council's Standards complaints assessment criteria which is contained within the "Arrangements" document shown under "Downloads" to the right of this page,  which will be used by the Monitoring Officer to determine whether a complaint may be investigated or referred to the Council's Governance Committee.

The Borough Council's Arrangements cover Colchester Borough Council councillors and Parish, Town and Community councillors and co-opted members of the 29 Parish, Town and Community Council's situated with the Borough of Colchester.

If you wish to submit a complaint about the conduct of a Colchester Borough Council Councillor or  a Parish , Town or Community Councillor situated within the Borough of Colchester, please submit your complaint on the Complaint about a Councillor form which is shown in pdf and word format under "Downloads" and send it to the address shown below.

Please note that the Council's Arrangements can only deal with complaints about the alleged behaviour and conduct of councillors and co-opted members . It will not deal with complaints about any of the Borough Council's departments or council policy.  It will also not deal with any complaints about a Parish or Town Clerk or other matters not covered by the Member's Code of Conduct.

If you are unsure about any aspect of the process, please contact the Monitoring Officer before submitting any complaint(s).

Address for submission of a written complaint:

The Monitoring Officer
Colchester Borough Council
Rowan House, 33 Sheepen Road
Colchester CO3 3WG

Tel: 01206 282213
E-mail: andrew.weavers@colchester.gov.uk

Who is the Monitoring Officer and what is their role?

Colchester's Monitoring Officer is Andrew Weavers, Legal Services Manager.

The Monitoring Officer is appointed under Section 5 of the Local Government and Housing Act 1989 and has a number of statutory functions in addition to those recently conferred under the Localism Act 2011 and subsequent regulations governing into councillors' interests and conduct.

The Monitoring Officer is required to prepare a report to Council where it appears to him that the authority has or is about to do anything which could be in contravention of the law or which would constitute maladministration.

Before publishing any report, the Monitoring Officer is under a duty to consult with the Chief Executive and the Head of Resource Management (also known as the S151 Officer).  Depending upon whether or not the function is an executive one, the report has to be considered either by Full Council or by the Executive and the publication of the report has its effect of suspending the proposed action pending consideration of the report.

Governance and Audit Committee

The Borough Council has appointed a Governance and Audit  Committee which oversees the conduct of councillors and co-opted members and who can hold a hearing into allegations that a councillor or co-opted member has failed to follow the code of conduct. This remit also applies to Parish, Town and Community councillors within the Borough of Colchester. Any recommendations made following a hearing are made to the relevant council concerned and are non-binding.