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Category: Law
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Our Parish Council Clerks live in partner owns a building

Customer Question

Our Parish Council Clerk's live in partner owns a building firm that carries out work for the Parish Council. Does she have a pecuniary interest in this work
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Does the clerk have a share in the business or is she a co director or his business partner? If not she has no pecuniary interest. The fact that she lives with and possibly shares finances with her partner doesn't not mean that she has a pecuniary interest in the business.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.


Department for Communities and Local Government, Openness and transparency on personal interests - A guide for Councillors dated September 2013 Annex A states


 


Description of Disclosable Pecuniary Interests


If you have any of the following pecuniary interests, they are your


disclosable pecuniary interests under the new national rules. Any reference to spouse or civil partner includes any person with whom you are living as husband or wife, or as if they were your civil partner.



  1. Any employment, office, trade, profession or vocation carried on for profit or gain, which you, or your spouse or civil partner, undertakes


 


 

Expert:  JGM replied 3 years ago.
But I presume that she has disclosed it and the Council has indicated they are happy with that?

In any event the guideline seems to apply to Councillors, not to the clerk?
Customer: replied 3 years ago.

Yes it applies to councillors. Are tyou saying that Clerks dont have to register interests? Can you confirm. If the clerk has disclosed the interest am I entitled to see it


 

Expert:  JGM replied 3 years ago.
A Parish Council Clerk is not a councillor. He or she is a council employee so no, the rules about registration of interests would not apply.
Customer: replied 3 years ago.


I am aware he or she is an employee but I believe they must disclose any direct or indirect pecuniary interests as if they were an elected member LGA 1972 ss117(1). I also believe that failure to disclose such an interest is a criminal offence. Please could you or another expert confirm


 

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


I will wait but I dont think my question is hard

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Yes continue


 

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Close question and refund amount


Very dissatisfied


 

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