Local Authorities (Model Code of Conduct) Order 2007 No.1159
THE CODE OF CONDUCT
WOODWALTON DRAINAGE COMMISSIONERS
Part 1
General provisions
Introduction and interpretation
1.—(1) This Code applies to you as a member of the Woodwalton Drainage Commissioners (Authority).
(2) You should read this Code together with the general principles prescribed by the Secretary of State (see Annexure to this Code).
(3) It is your responsibility to comply with the provisions of this Code.
(4) In this Code—
“meeting” means any meeting of—
(a) the authority;
(b) any of the authority’s committees or sub-committees, joint committees or joint sub-committees;
“member” includes a co-opted member and an appointed member.
(5) References to an authority’s monitoring officer and an authority’s standards committee shall be read, respectively, as references to the monitoring officer and the standards committee of the district council or unitary county council which has functions in relation to the parish council for which it is responsible under section 55(12) of the Local Government Act 2000.
Scope
2.—(1) Subject to sub-paragraphs (2) to (5), you must comply with this Code whenever you—
(a) conduct the business of your authority (which, in this Code, includes the business of the office to which you are elected or appointed); or
(b) act, claim to act or give the impression you are acting as a representative of your authority,
and references to your official capacity are construed accordingly.
(2) Subject to sub-paragraphs (3) and (4), this Code does not have effect in relation to your conduct other than where it is in your official capacity.
(3) In addition to having effect in relation to conduct in your official capacity, paragraphs 3(2)(c), 5 and 6(a) also have effect, at any other time, where that conduct constitutes a criminal offence for which you have been convicted.
(4) Conduct to which this Code applies (whether that is conduct in your official capacity or conduct mentioned in sub-paragraph (3)) includes a criminal offence for which you are convicted (including an offence you committed before the date you took office, but for which you are convicted after that date).
(5) Where you act as a representative of your authority—
(a) on another relevant authority, you must, when acting for that other authority, comply with that other authority’s code of conduct; or
(b) on any other body, you must, when acting for that other body, comply with your authority’s code of conduct, except and insofar as it conflicts with any other lawful obligations to which that other body may be subject.
General obligations
3.—(1) You must treat others with respect.
(2) You must not—
(a) do anything which may cause your authority to breach any of the equality enactments (as defined in section 33 of the Equality Act 2006( ));
(b) bully any person;
(c) intimidate or attempt to intimidate any person who is or is likely to be—
(i) a complainant,
(ii) a witness, or
(iii) involved in the administration of any investigation or proceedings,
in relation to an allegation that a member (including yourself) has failed to comply with his or her authority’s code of conduct; or
(d) do anything which compromises or is likely to compromise the impartiality of those who work for, or on behalf of, your authority.
4. You must not—
(a) disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where—
(i) you have the consent of a person authorised to give it;
(ii) you are required by law to do so;
(iii) the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
(iv) the disclosure is—
(aa) reasonable and in the public interest; and
(bb) made in good faith and in compliance with the reasonable requirements of the authority; or
(b) prevent another person from gaining access to information to which that person is entitled by law.
5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.
6. You—
(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage; and
(b) must, when using or authorising the use by others of the resources of your authority—
(i) act in accordance with your authority’s reasonable requirements; and
(ii) ensure that such resources are not used improperly for political purposes (including party political purposes).
(c) must have regard to any applicable Local Authority Code of Publicity made under the Local Government Act 1986.
7. Paragraph 7 does not apply to your authority.
Part 2
Interests
Personal interests
8.—(1) You have a personal interest in any business of your authority where either—
(a) it relates to or is likely to affect—
(i) any body of which you are a member or in a position of general control or management and to which you are appointed or nominated by your authority;
(ii) any body—
(aa) exercising functions of a public nature;
(bb) directed to charitable purposes; or
(cc) one of whose principal purposes includes the influence of public opinion or policy (including any political party or trade union),
of which you are a member or in a position of general control or management;
(iii) any employment or business carried on by you;
(iv) any person or body who employs or has appointed you;
(v) any person or body, other than a relevant authority, who has made a payment to you in respect of your election or any expenses incurred by you in carrying out your duties;
(vi) any person or body who has a place of business or land in your authority’s area, and in whom you have a beneficial interest in a class of securities of that person or body that exceeds the nominal value of £25,000 or one hundredth of the total issued share capital (whichever is the lower);
(vii) any contract for goods, services or works made between your authority and you or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi);
(viii) the interests of any person from whom you have received a gift or hospitality with an estimated value of at least £25;
(ix) any land in your authority’s area in which you have a beneficial interest;
(x) any land where the landlord is your authority and you are, or a firm in which you are a partner, a company of which you are a remunerated director, or a person or body of the description specified in paragraph (vi) is, the tenant;
(xi) any land in the authority’s area for which you have a licence (alone or jointly with others) to occupy for 28 days or longer; or
(b) a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the majority of—
(i) (in the case of authorities with electoral divisions or wards) other council tax payers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision; or
(ii) (in all other cases) other council tax payers, ratepayers or inhabitants of your authority’s area.
(2) In sub-paragraph (1)(b), a relevant person is—
(a) a member of your family or any person with whom you have a close association; or
(b) any person or body who employs or has appointed such persons, any firm in which they are a partner, or any company of which they are directors;
(c) any person or body in whom such persons have a beneficial interest in a class of securities exceeding the nominal value of £25,000; or
(d) any body of a type described in sub-paragraph (1)(a)(i) or (ii).
Disclosure of personal interests
9.—(1) Subject to sub-paragraphs (2) to (5), where you have a personal interest in any business of your authority and you attend a meeting of your authority at which the business is considered, you must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.
(2) Where you have a personal interest in any business of your authority which relates to or is likely to affect a person described in paragraph 8(1)(a)(i) or 8(1)(a)(ii)(aa), you need only disclose to the meeting the existence and nature of that interest when you address the meeting on that business.
(3) Where you have a personal interest in any business of the authority of the type mentioned in paragraph 8(1)(a)(viii), you need not disclose the nature or existence of that interest to the meeting if the interest was registered more than three years before the date of the meeting.
(4) Sub-paragraph (1) only applies where you are aware or ought reasonably to be aware of the existence of the personal interest.
(5) Where you have a personal interest but, by virtue of paragraph 14, sensitive information relating to it is not registered in your authority’s register of members’ interests, you must indicate to the meeting that you have a personal interest, but need not disclose the sensitive information to the meeting.
Prejudicial interest generally
10.—(1) Subject to sub-paragraph (2), where you have a personal interest in any business of your authority you also have a prejudicial interest in that business where the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest.
(2) You do not have a prejudicial interest in any business of the authority where that business—
(a) does not affect your financial position or the financial position of a person or body described in paragraph 8;
(b) does not relate to the determining of any approval, consent, licence, permission or registration in relation to you or any person or body described in paragraph 8; or
(c) relates to the functions of your authority in respect of—
(i) this sub-paragraph does not apply to your authority;
(ii) this sub-paragraph does not apply to your authority;
(iii) statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;
(iv) an allowance, payment or indemnity given to members;
(v) any ceremonial honour given to members; and
(vi) setting council tax or a precept under the Local Government Finance Act 1992.
11. Paragraph 11 does not apply to your authority.
Effect of prejudicial interests on participation
12.—(1) Subject to sub-paragraph (2), where you have a prejudicial interest in any business of your authority—
(a) you must withdraw from the room or chamber where a meeting considering the business is being held—
(i) in a case where sub-paragraph (2) applies, immediately after making representations, answering questions or giving evidence;
(ii) in any other case, whenever it becomes apparent that the business is being considered at that meeting;
unless you have obtained a dispensation from your authority’s standards committee; and
(b) you must not seek improperly to influence a decision about that business.
(2) Where you have a prejudicial interest in any business of your authority, you may attend a meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise.
Part 3
Registration of Members’ Interests
Registration of members’ interests
13.—(1) Subject to paragraph 14, you must, within 28 days of—
(a) this Code being adopted by or applied to your authority; or
(b) your election or appointment to office (where that is later),
register in your authority’s register of members’ interests (maintained under section 81(1) of the Local Government Act 2000) details of your personal interests where they fall within a category mentioned in paragraph 8(1)(a), by providing written notification to your authority’s monitoring officer.
(2) Subject to paragraph 14, you must, within 28 days of becoming aware of any new personal interest or change to any personal interest registered under paragraph (1), register details of that new personal interest or change by providing written notification to your authority’s monitoring officer.
Sensitive information
14.—(1) Where you consider that the information relating to any of your personal interests is sensitive information, and your authority’s monitoring officer agrees, you need not include that information when registering that interest, or, as the case may be, a change to that interest under paragraph 13.
(2) You must, within 28 days of becoming aware of any change of circumstances which means that information excluded under paragraph (1) is no longer sensitive information, notify your authority’s monitoring officer asking that the information be included in your authority’s register of members’ interests.
(3) In this Code, “sensitive information” means information whose availability for inspection by the public creates, or is likely to create, a serious risk that you or a person who lives with you may be subjected to violence or intimidation.
Annexure - The Ten General Principles
The general principles governing your conduct under the Relevant Authorities (General Principles) Order 2001 are set out below:
Selflessness
1. Members should serve only the public interest and should never improperly confer an advantage or disadvantage on any person.
Honesty and Integrity
2. Members should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.
Objectivity
3. Members should make decisions on merit, including when making appointments, awarding contracts, or recommending individuals for rewards or benefits.
Accountability
4. Members should be accountable to the public for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.
Openness
5. Members should be as open as possible about their actions and those of their authority, and should be prepared to give reasons for those actions.
Personal Judgement
6. Members may take account of the views of others, including their political groups, but should reach their own conclusions on the issues before them and act in accordance with those conclusions.
Respect for Others
7. Members should promote equality by not discriminating unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of the authority's statutory officers, and its other employees.
Duty to Uphold the Law
8. Members should uphold the law and, on all occasions, act in accordance with the trust that the public is entitled to place in them.
Stewardship
9. Members should do whatever they are able to do to ensure that their authorities use their resources prudently and in accordance with the law.
Leadership
10.Members should promote and support these principles by leadership, and by example, and should act in a way that secures or preserves public confidence.
FREEDOM OF INFORMATION STATEMENT
I hereby inform you that the Woodwalton Drainage Commissioners has registered with the Information Commissioner under the Freedom of Information Act 2000 to adopt and maintain a Publication scheme. This means that all members of the public are entitled to view information appertaining to the records of the Woodwalton Drainage Commissioners
The Areas of information: -
- Policy Statement. (£)
- Board Membership.
- Board Meetings.
- Finance. (£)
- Works Undertaken. (£)
- Regulation. (£)
- Health and Safety.
(£) Charges may be imposed for the provision of some of the information within this publication scheme.
POLICY STATEMENT ON FLOOD PROTECTION AND WATER LEVEL MANAGEMENT
1 INTRODUCTION
Purpose
1.1 This policy statement has been prepared by the Woodwalton Drainage Commissioners to provide a public statement of the Board’s approach to its management of flood risk and water levels in its area.
Background
1.2 Defra have policy responsibility for flood and coastal defence in England. However, delivery is the responsibility of a number of flood and coastal defence “operating Authorities” which includes the Woodwalton Drainage Commissioners.
1.3 The Government has published a policy aim and three objectives for flood and coastal defence. To ensure a more certain delivery of aim and objectives by the individual operating authorities the Government has published a series of high-level targets. The first target requires each operating authority to publish a policy statement setting out their plans for delivering the Government’s policy aim and objectives in their area. This will include an assessment of the risk of flooding in their area, and what plans they have to reduce that risk.
1.4 policy statement fulfils that requirement. Copies are available from the Board’s offices at 28 Thornham Way, Eastrea, Whittlesey, Cambs, PE7 2AS. We are also providing a copy to Defra ( the Department of the Environment, Transport and the Regions), the Environment Agency and local authorities.
1.5 The Government’s policy aim is:
To reduce the risk to people and the developed and natural environment from flooding and coastal erosion by encouraging the provision of technically, environmentally and economically sound and sustainable defence measures.
1.6 The key objectives to achieve this aim are:
a) To encourage the provision of adequate and cost effective flood warning systems.
b) To encourage the provision of adequate, economically, technically and environmentally sound and sustainable flood and coastal defence measures.
(c) To discourage inappropriate development in areas at risk from flooding and coastal erosion.
2 HOW THE COMMISSIONERS WILL DELIVER THE GOVERNMENT’S POLICY AIM AND OBJECTIVES.
Woodwalton Drainage Commissioners supports the Government aim and objectives for management of flood risk and water levels. Our policy and approach will be consistent with them as follows:
Objective (a): to encourage the provision of adequate and cost effective flood warning systems.
The Commissioners will assist the Environment Agency wherever possible in its provision of adequate and cost effective flood warning systems, co-operate with the Agency in responses to flood emergencies and participate as necessary in exercises to develop and test emergency response procedures.
Objective (b): to encourage the provision of adequate economically, technically and environmentally sound and sustainable flood and coastal defence measures.
Within the drainage district potentially all the area is at some risk to flooding and the Board will seek to retain this risk at acceptable levels through appropriate improvements and the implementation of a sound maintenance strategy. They will seek to monitor the performance of the Environment Agency with regard to coastal and tidal river defence assist.
ork will be carried out in accordance with best practice and to deliver best value for money taking due regard of guidance available from Defra, the Environment Agency and other organisations.
Regulate as necessary using the available powers the actions of others to ensure their works do not increase the flood risk.
Ensure that, where appropriate, riparian owners are aware of their responsibilities fro maintenance.
Play a positive role in fulfilling our statutory and other responsibilities for nature conservation, including achievement of the Governments environmental objections and targets. We acknowledge our responsibilities under the Land Drainage Acts of 1991 and 1994, The Wildlife and Countryside Act 1981, the European Birds and Habitats Directives and the Conservation (Natural Habitats & C) regulations 1994.
<!--[if !supportLists]-->Ø <!--[endif]-->Works will be carried out in accordance with the published Standard Maintenance Operations and we will seek to avoid wherever possible damage to environmental interest and aim to ensure no net loss to habitats covered by Biodiversity Action Plans and seek opportunities to enhance the aquatic environment.
Ensure that for those Water Level Management Plans where we are the leading operating authority we work in partnership with English Nature to complete, implement where appropriate, and review Plans in accordance with MAFF guidance on plan completion and the timetables set out in the High Level Targets.
Co-operate with other bodies and make input to the development of Shoreline Management Plans, Coastal Habitat Plans and Local Environmental Agency Plans.
Objective ©: To discourage inappropriate development in areas at risk from flooding and coastal erosion.
The potential impact on flood risk through future development in the Drainage District is fully recognised by the Board and it will take an active role in the assessment of structure planning, local plans and individual applications to ensure flood risk is not increased. These matters will be taken in conjunction with the Middle Level Commissioners who act on behalf of the Board in planning matters. Where appropriate the Board will secure from Developers contributions to cover the cost of both immediate and longer-term works necessary in ensuring that any potential increase in flood risk can be removed. Such contribution will be recorded in accordance with DETR.MAFF Circular (successor to 30/92)
3 FLOODING RISKS IN THE BOARD’S DISTRICT
As mentioned in Section 2, the entire drainage district is at some risk to flooding but that risk is substantially controlled but some variation in the standards of protection will apply. The following are the key details of the District.
Catchment Area drainage to and including the District 500 ha
Total area of the District 500 ha
Area of Agricultural Land 498 ha
Other land including property, highways, etc 2 ha
Sites of Designated Environmental Interest
Woodwalton Nature Reserve adjacent to District
Great Fen Project – land in hand 85.5ha
3.1 Assets for which the Board has operating authority responsibility are shown on the attached map and comprise: -
Pumping Stations 1 No
Other Water Level Control Structures 0 No
Watercourses 12.25 km
*Critical Watercourses 0 km
*Critical watercourses are those from which over spilling will put at risk of flooding a significant number of people and properties. Against clear criteria the above length has been agreed with the Environment Agency.
Passing through or adjacent to the District are the following assets maintained by the Middle Level Commissioners
New Dyke 1600m
Monks Lode 4000n
Natural England Embankment to Woodwalton Nature Reserve 1300m
3.2 Regulation of Activities
The Commissioners will exercise as required its powers under the Land Drainage Act 1991 and its Byelaws to ensure that activities in and alongside its drainage system do not reduce flood protection standards and unnecessarily increase flood risk.
This section sets out the Commissioner’s assessment of flood risk taking into account the following:
Assets in place considering design standard and life
Environment Agency flood risk maps
Other information such as the history of flooding and land use impacts
3.3 Standard of Protection
Through the operation and maintenance of the pumping stations and the channel system the Commissioners seek to maintain a general standard capable of providing flood protection to agricultural land and developed areas of 1 in 20 and 1 in 100 years respectively. This likely return period cannot be taken literally and should be considered as a chance of some overspilling from the system taking place each year as being 5% and 1% respectively.
3.4 Management of Flood Risks
The Commissioners monitor the condition of its pumping station and watercourses, even those not designated as critical, over spilling from which could affect property. Consistent with the Established need a routine maintenance programme is in place to ensure that the condition of the assist is commensurate with standards of protection, which are sought. Where standards are not at the policy level improvement works where they can be demonstrated to meet with Defra criteria, will be considered and undertaken as appropriate.
The Commissioners welcome from its agricultural ratepayers, special levy councils and members of the public any comments on the condition of its system, which could lead to any increased flood, risk.
3.6 Publicity
The Commissioners will seek to promote the need for works in its District and create an understanding among people who live and work in it as to what the flood risk is and the efforts made to control it. They will also seek to achieve directly and through local councils a culture within which the watercourses are seen as vital to controlling flood risk, whilst providing an interesting aquatic habitat and dissuade abuse of them through dumping waste or obstructing flows in other ways. The Board will publish its proposed annual programme of capital and maintenance work through newsletters and membership.
4 ENVIRONMENTAL MEASURES
The Woodwalton Drainage Commissioners has nature conservation duties under the Land Drainage Acts 1991 & 1994, the Wildlife and Countryside Act 1981 and as a competent authority under the Conservation (Natural Habitats C) Regulations 1994.
Much of the Commissioners watercourse maintenance work of vegetation control and de-silting is a vital and routine requirement. Whilst inevitably some short-term impact will arise, this management is essential also to maintain the diverse aquatic habitat in the district. The Commissioners maintain only a small proportion of the total watercourse length in the district, the significant majority being the responsibility of the riparian landowners.
When carrying out works, be it maintenance or improvement, and consistent with the need to maintain satisfactory flood protection standards, the Commissioners will
Avoid any unnecessary or long term damage to all natural habitats
Ensure no net loss of habitats covered by Biodiversity Action Plans, monitoring any gains and losses and reporting to the Environment Agency
Take appropriate opportunities to enhance habitats.
5 REVIEW OF POLICY STATEMENT
Woodwalton Drainage Commissioners reviewed this Policy Statement in 2004 and are aware that the Great Fen Project will have a significant impact upon the Drainage District are will review this Policy on an annual basis.
INTERGRATED RISK MANAGEMENT PLAN (IRMP)
The aim of the IRMP is to provide an objective assessment of the levels of risk that affect the operations of the Drainage Commissioners, and is aimed at improving all areas of Community life by working together with other partners who have a similar interest, ie Environment Agency, Middle Level Commissioners, Cambridgeshire County Drainage Board, Huntingdonshire District Council and other organisations.
The IRMP process will include a number of key areas of work;
Identifying existing and potential risks to the area covered by Woodwalton Drainage Commissioners
Evaluation of effectiveness of the current systems and arrangements.
Identification of opportunities for improvement to determine future policies and standards for prevention, protection and intervention
Determination of resource implications to meet agreed policies and standards
Identification of arrangements for implementation, audit and review.
and the desired outcomes will be:
Improvement of the services to ratepayers
Providing the local community with a better value for money service
1
The Drainage Commissioners will provide an efficient, effective and quality service which meets the expectations of the local community.
Policy objectives:
To maintain and improve an effective response to Government and other bodies initiatives.
To implement these initiatives in the most efficient and cost effective manner to the benefit of the community.
Standards:
Refocus the use of resources available to the drainage board.
Consider the needs of the ratepayers as a whole and not just a minority.
2
The Drainage Commissioners will minimise the work related risk to our personnel by the provision of effective supervision, training, safe systems of work and occupational health services.
Policy objectives:
Secure and maintain safe systems of work based upon best practice within Health & Safety guidance.
Promote and continuously improve Health & Safety awareness across the organisation.
Promote and make available Occupational Health services to our personnel.
Standards:
All Health & Safety Policies, organisational arrangements, control measures, monitoring and review mechanisms will be reviewed on a regular basis.
All significant risks will be suitably and sufficiently assessed and reasonable practicable control measures will be introduced and monitored.
All injuries, near misses, dangerous occurrences and significant safety events will be investigated.
3
The Drainage Commissioners will ensure that the service it provides to the community will continued to be valued by actively forging local partnerships and contributing to the development and delivery of community plans.
Ploicy objective
Engage with the local community and partners in order to collectively improve the services provided and make the community a better place in which to live and work.
Standards:
The drainage board will identify and engage with appropriate partner organisations to improve service delivery.
4
The Drainage Commissioners will encourage a diverse membership who feel they are valued and who operate within a culture of fairness and promotes equality of opportunity
Policy objectives:
Create a working environment that encourages harmony
Ensure that equality of opportunity is available to all.
Promote good relations
Standards:
The Drainage Commissioners will encourage membership from a wide range of backgrounds to promote a culture which values diversity.
Deliver services in a fair and equitable manner which does not unlawfully discriminate.The level of The Commission for Racial Equalities (CRE) “Standard for Local Government” to which the Authority conforms.
The Commissioners will at all times act in accordance with the agreed Code Of Conduct.
5
The Drainage Commissioners will develop Strategies and implement Policies in conjunction with partner organisations that will protect the environment.
Policy objectives:
Minimise environmental impact.
Standards:
The Commissioners will strive to implement suitable and sufficient measures to reduce the environmental impact of activities.
The board will work in partnership with English nature, the Environment Agency and other relevant organisations to reduce the environmental impact of activities.
6
The Drainage Commissioners will seek continuous improvements in quality and value for money in all services provided.
Policy Objectives:
The Drainage Commissioners will plan, finance and manage a cost effective service.
The Drainage Commissioners will seek to improve satisfaction levels of service users, other stakeholders and external auditors.
Standards:
The Drainage Commissioners will adhere to all relevant financial regulations.
The Drainage Commissioners will consider third party quality assurance schemes.
The Drainage Commissioners will take account of all independent audit reports.
The Drainage Commissioners will review appropriate strategic policies in accordance with the principles of Best Value.
RISK ANALYSIS
1 What are the risks of change
2 What are we doing now
3 What can we do to improve
4 What would be the implications
5 What are the benefits of change
6 How could the change be delivered
