Introduction

This course is designed to help councillors understand what the Councillors’ Code of Conduct (2021) requires, why compliance matters and how to interpret and apply some of its provisions in the types of scenarios they are likely to face.

The Councillors’ Code of Conduct, which was approved by the Scottish Parliament under the Ethical Standards in Public Life etc. (Scotland) Act 2000, sets out the conduct expected of all councillors in Scotland. Based on the nine principles of public life, it seeks to ensure they act ethically, transparently and in the public interest when undertaking their duties.

The Code applies at all times when councillors are carrying out their duties, have referred to themselves as councillors or could reasonably be perceived as acting in that capacity.

The public has a right to expect that councillors demonstrate high ethical standards in the way that they conduct themselves when undertaking their duties. The public also has a right to expect that councillors will act and make decisions in the public interest rather than in their own interests or those of their friends, family or associates. Councillors can meet these expectations by ensuring that they act in accordance with the provisions in the Code.

The 2000 Act provides an ethical standards framework under which the Standards Commission for Scotland is responsible for producing Guidance on the Codes, and for promoting and educating councillors on its provisions. The Standards Commission also answers queries and provides advice to councillors, council employees (officers) and members of the public on how the Code should be interpreted.

The Standards Commission’s primary aim is to prevent breaches of the Code from occurring. It also has an enforcement role through its work in adjudicating on complaints. Investigations into complaints alleging that a councillor has breached the Code are undertaken by the Ethical Standards Commissioner (ESC), who is a separate and independent officeholder. Once an investigation is complete, the ESC refers a report to the Standards Commission, outlining their findings. The Standards Commission then makes a final decision on whether a breach has occurred and, if so, what sanction should be imposed.

Next, move onto Why have a Framework and Code of Conduct?

The Framework and Code exist to maintain public confidence that councillors will act and make decisions in the public interest, and not in their own interests or those of their friends, family or associates.

The Code protects councillors from accusations that they are not acting in the public interest. As it regulates how they should behave towards each other, council officers and members of the public, it also helps safeguard the rights and reputations of others and ensures that standards of public debate do not fall below an acceptable level. While the Code’s provisions regulating the relationship between councillors and council officers help to ensure that councillors can focus on the strategic and scrutiny aspects of their role, they do not restrict councillors from undertaking their scrutiny role effectively or from holding or expressing political views.

The Code also regulates how councillors should behave when making decisions on quasi‑judicial and regulatory matters such as planning and licensing applications. In doing so, it helps protect local authorities from the risk of successful legal challenge, with the associated reputational and financial implications.

The Code sets out the relationship between councillors and council officers and distinguishes clearly between their respective roles. Its provisions on matters such as confidentiality, the use of council resources and expected standards of behaviour help to ensure that local authorities can function effectively and that officers can undertake their roles without undue interference.

The Framework promotes adherence to the Code, establishes processes for investigating and adjudicating alleged breaches, and allows sanctions to be imposed where breaches are found. In doing so it acts as a strong deterrent against poor conduct.