Guidelines for Public Servants (9th edition)

Part 4: Procedure for disclosing interests - General

18. A person who is covered by these guidelines is required to furnish a statement, in writing, of :

(i) the interests of the person, and

(ii) the interests, of which the person has actual knowledge, of his or her spouse or civil partner or a child of the person or of his or her spouse

which could materially influence the person in, or in relation to, the performance of the person's official functions by reason of the fact that such performance could so affect those interests as to confer on, or withhold from, the person, or the spouse or civil partner or child, a substantial benefit.  (Links to the Statement formats for disclosing interests are at Appendix 1 to these guidelines.)

19. A statement of interests is not legally required where the interests could not materially influence the person in, or in relation to, the performance of his or her official functions.

20. The interests referred to above are set out in paragraph 66. In the case of occupiers of designated positions in the civil service, statements are generally furnished to the Head of the Department or Office concerned. (Details of the persons to whom statements should be furnished by holders of designated directorships and occupiers of designated positions in other prescribed public bodies are provided at Appendix 3 to these guidelines.)

21. In addition to the statement of interests referred to in paragraph 18, a person who is covered by these guidelines is required to furnish a statement, at the time, where an official function falls to be performed by the person and the person has actual knowledge that he or she, or a connected person, has a material interest in a matter to which the function relates.

22. There are variations in the procedures for furnishing statements as they apply to the different categories listed in paragraph 17. Accordingly, the procedure for each category is set out in Part 5 of these guidelines. 

23. Where a person who is covered by these guidelines has an interest that is not set out in paragraph 66, or the person has actual knowledge that his or her spouse or civil partner or child or a child of the spouse has such an interest, the person may, at any time, furnish a statement of that interest to the person or persons nominated to receive such statements. Where such a statement is provided, the 1995 Act will apply and have effect as if the interest was an interest set out in paragraph 66 of these guidelines.

24. Where a person who is covered by these guidelines receives advice from the Standards Commission or it appears from guidelines published by the Standards Commission that an interest of the person, or of the person's spouse or civil partner or child or a child of the spouse, is a disclosable interest, the person concerned must, as soon as possible, furnish a statement of that interest to the person or persons nominated to receive such statements.

25. Where a person who is covered by these guidelines fails to comply with a requirement to provide a statement of interests, the person may, at any time, furnish a statement, in writing, of the interests to the person or persons nominated to receive such statements.

26. Where there is a change in the interests of a person who is covered by these guidelines, or in the interests of the person's spouse or civil partner or child or a child of the spouse, the person may, at any time, furnish a statement of the change, in writing, to the person or persons nominated to receive such statements.

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