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Code Of Conduct For Members Of The Authority

Responsibilities of Individual Board Members:

1.1 Individual Members should follow the Seven Principles of Public Life set out by the Committee on Standards on Public Life (the Nolan Committee). Those principles are set out below:-

Selflessness
Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends.
Integrity
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.
Objectivity
In carrying our public business, including making public appointments, awarding contracts or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
Accountability
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
Openness
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
Honesty
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
Leadership
Holders of public office should promote and support these principles by leadership and example.

1.2 Members should:

undertake on appointment to comply at all times with the Code of Practice that is adopted from time to time by the Authority, with rules relating to the use of public funds and with the Management Statement agreed from time to time between the Authority and the Department of Trade and Industry insofar as it affects individual Members;
act in good faith and in the best interests of the Authority;
not use information gained in the course of their service with the Authority for personal gain or for political purposes, nor seek to use the opportunity of public service to promote their private interests or those of connected persons, firms, businesses or other organisation; and
ensure that they comply with the Authority's rules on the acceptance of gifts and hospitality as set out at Appendix 1 to this Paper.

Conflicts of Interest:

2.1 Members must be aware of, and abide by, the statutory requirements relating to their interests that are set out in paragraph 6 of Schedule 1 to the Coal Industry Act 1994; those provisions are set out below.

(1) A Member of the Authority who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Authority shall disclose the nature of his interest to the meeting.

(2) Where such a disclosure is made, the disclosure shall be recorded in the minutes of the meeting and the Member shall not take any part in any deliberation or decision of the Authority with respect to that matter if either:-

it relates to any application made to the Authority or to any licence or contract which the Authority has granted or entered into or is considering granting or entering into; or
the Authority determines that the nature of the matter, the extent of the Member's interest and any prejudicial effect of his joining in the consideration of that matter are such that the Member should not take part.

(3) For the purposes of sub-paragraph (1) above, a general notification given at a meeting of the Authority by any of its Members to the effect that:-

he is a member of a specified body corporate or firm, and
he is to be regarded as interested in any matter involving that body or firm which falls to be considered after the giving of the notification,
shall be regarded as a sufficient disclosure of his interest in relation to any such matter.

(4) A Member of the Authority who is required under this paragraph to make a disclosure at any meeting need not attend in person at the meeting in order to make the disclosure if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at the meeting".

2.2 In addition to the obligations set out at paragraph 2.1 above, Members should declare any personal or business interests which might conflict with their responsibilities as Board Members. Such interests should include:-

direct or indirect pecuniary interests which members of the public might reasonably think could influence judgement;
non-pecuniary interests of Members which relate closely to the activities of the Authority; and
interests of which Members are aware of close family members and persons living in the same household as the Member.

2.3 It is emphasised that, in relation to the declaration of interests of "close family members and persons living in the same household", the criterion should be that they are interests which members of the public might reasonably think could influence judgement. In general, an interest of such a person in a matter which does not impinge in any sensible way on the activities of the Authority need not be declared.

Non-Participation in Discussions:

3.1 Members will not participate in the discussion or determination of matters in which they have a direct pecuniary interest, or in any deliberation or decision of the Authority with respect to any matter in which a Member is directly or indirectly interested, unless the Authority determines that the nature of the matter and the extent of the Member's interest are such that there would be no prejudicial effect if he were to join in the consideration of that matter.

3.2 Where, in accordance with paragraph 3.1 above, a Member does not participate in the discussion or determination of a matter, he should withdraw from the meeting until the discussion has ceased or the determination has been made.

Register of Interests:

4.1 A Register of Interests declared by Members under the provisions of either paragraph 2.1 of 2.2, will be maintained by the Secretary to the Authority. The Authority will make that Register open to the public and its contents will be included in the Annual Reports of the Authority.

4.2 The Secretary, will, not less frequently than once a year, ask Members to confirm their interests for inclusion on the Register. Nevertheless, Members should inform him of any changes in their interests as they occur, both for the purposes of the Register and, if necessary, for formal reporting to the Authority.