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2 Registration of interests
2 Registration of interests
This section covers Section 4 of the Code and is intended to give members of the public confidence that decisions are being taken in their best interests and not those of you or your family, friends or personal associates. Your Register of Interests is intended to be a public record of the interests that might, by their nature, be likely to conflict with your role as a councillor.
The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Register of Interests) Amendment (No. 2) Regulations 2021 require every council to maintain a Register of Interests. They further require you, as a councillor, to update your entry within one month of a new interest arising or of any change to an existing entry. You must also review your entry annually, even if nothing has changed. The Register should cover the 12 months before election and your entire term of office. If an interest ends, the entry should remain listed but should be amended to show relevant dates (for example, ‘Parliamentary researcher from 1 June 2024 until 31 December 2025’).
Your council may issue reminders but it is your personal responsibility to ensure that your entry is accurate and up to date.
Next, move onto 2.1 Amount of detail.
2.1 Amount of detail
For categories where the Code does not specify the amount of detail that needs to be recorded, you should include enough information for a member of the public to understand the entry without having to undertake any research – so for example, you should list the full name of your employer and not an abbreviation. Amend any incorrect entry promptly and note the reasons for any changes.
Declaring an interest later in a meeting is not a defence for failing to register it, so you should be as careful and transparent as possible when submitting your entries for registration.
2.2 What you must register
There are nine categories of interests in the Code that you are required to register:
Categories of interests
Category 1: Remuneration
Any paid work or role for which you receive or expect payment or reward, regardless of how casual or trivial in nature.
Category 2: Other roles
Any unpaid directorship where the organisation is a subsidiary, or parent of one in which you hold a paid directorship.
Category 3: Contracts
Any current or upcoming contract with the Council involving you or an organisation in which you are a partner, director or significant shareholder. You do not need to state the contract’s value.
Category 4: Election expenses
Any donation of more than £50 (single or cumulative from one source) towards your election expenses, received by you or on your behalf, from 12 months before the election through to the end of your term of office.
Category 5: Property
Any land, house or building you own or rent, or have any other right or interest in (such as being an owner or a tenant, including a council tenant) in Scotland. For personal safety reasons, only the ward location is disclosed on the publicly available Register, but the full address must be provided to the Monitoring Officer.
Category 6: Shares and securities
Any shares or securities where you:
a.own or have an interest in more than 1% of the issued share capital of a company or body,
or
b.own or have an interest in shares or securities in any one company or body where the market value is greater than £25,000 (as at your election date and each 5 April thereafter).
Category 7: Gifts and hospitality
This Category exists due to a previous version of the Code. However, as the current version provides that you are no longer allowed to accept any gifts or hospitality (other than under the very limited circumstances previously outlined), there is no longer a need to register any.
Category 8: Non‑financial interests
Any non‑financial interests that fall within the objective test. These are non‑financial interests that members of the public, with knowledge of the relevant facts, might reasonably think could influence your actions, speeches, votes or decision-making as a councillor. Interests that might fall within this category include membership of another public body, club, society, trade union or voluntary organisation.
Category 9: Close family members
Register interests of close family members who have, or are likely to have, transactions with the Council.
Now move onto 3 Making decisions on quasi-judicial and regulatory matters.