APPENDIX B
GIFTS AND HOSPITALITY - GUIDANCE NOTE TO STAFF
AND COUNCILLORS
1.

Introduction

1.1

The public are entitled to demand of local government officers and Councillors,
conduct of a high standard. Public confidence in their integrity would be shaken
were there the least suspicion that they could in any way be influenced by
improper motives.

1.2

It is a serious criminal offence for officers or Councillors to receive or give any
gift, loan, fee, reward or advantage for doing or not doing anything or showing
favour or disfavour to any person in an official capacity. If an allegation is made in
such circumstances, the burden of proof will fall upon the officer or member to
show that they have not in any way been influenced by improper motives. For this
reason it is most important for the council to set clear guidance for all employees
and Councillors.

1.3

This is intended to assist staff and Councillors in making a decision as to whether
a gift or hospitality can be accepted.
This guidance will be drawn to the
attention of all staff upon joining the council. Staff are reminded that breaches of
the code may result in disciplinary action and in serious cases, could result in
dismissal. Councillors are reminded that a breach of this guidance may result in a
complaint against them to the monitoring officer.

2.

Gifts

2.1

In general, gifts should be refused. A gift is any item or service that you receive
free of charge. It also includes any goods or services which you personally are
offered at a discounted rate or on terms not available to the general public. It
does not include staff offers/discounts which are negotiated or accepted
corporately by the Isle of Wight Council. A gift must not be accepted if it is
offered by a person or organisation which has, or is seeking business with, the
council or one who has an interest in a council decision.

2.2

In normal circumstances, only minor gifts of nominal or low value value, such as
pens, diaries, mouse mats, flowers, bottle of wine, chocolates and other business
and promotional material may be accepted. In some very special circumstances,
(where, for example, visiting dignitaries are involved), refusal may cause
unintentional offence and this should be taken into consideration.

2.3

It may also be acceptable to passport gifts of modest value where they are
genuinely to be given or offered as a prize to a resident that we support such as
looked after child or vulnerable adult. However, prior to agreeing to receive such
as gift, advice should be sought from a chief officer or the monitoring officer.

2.3

More substantial gifts must not be accepted under any circumstances. These
may include, for example, cash, vouchers, or cases of wine or hampers. In such
circumstances, the gift should be returned in a courteous manner accompanied if
appropriate by the following or similar statement:

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 ”Thank you for your kind offer of ....................... Unfortunately, the council has a
clearly defined policy on receiving gifts or hospitality and I am unable to accept it.
I therefore return the gift.”
2.4

For the purpose of consistency, it is not appropriate to accept gifts and to donate
them to a charity save that if a gift is received either whether the donor is
unknown or where it is impracticable to return the gift to the person or
organisation making the gift, or where it would cause undue offence then the gift
should be passed to the Monitoring Officer to be donated to the chairman’s
Charity or otherwise disposed of as appropriate. Where possible, the donor will
be informed of the action taken.

2.5

If in doubt, staff should consult their chief officer or monitoring officer before
accepting any gift. Councillors should consult the council’s monitoring officer.

3.

Legacies

3.1

A legacy is an amount of money or property left to someone in a will. Staff may not
accept legacies from clients. If it becomes known to any employee that they are
likely to benefit from a legacy made by a former or existing client, they must
inform their chief officer as soon as possible. The chief officer will then consider
what action to take and if necessary consult the head of paid service and
monitoring officer. If the beneficiary is also a relative of the former client, it is
advisable that they notify their chief officer as soon as they are aware of the
legacy in order to avoid any misinterpretation.

3.2

Hospitality

3.3

Hospitality means invitations to a meal or an event eg tickets to a show, or to a
sporting event. The same principles which apply to gifts apply to the offer and
acceptance of hospitality. Generally, offers of hospitality must be declined. It must
not be accepted when the offer of hospitality is made by any person or
organisation seeking business or requiring a decision from the council or where
purchasing decisions may be potentially compromised.

3.4

Exceptions to this general rule are few, but it may be in order to accept offers of
hospitality if there is a genuine need to impart information or to represent the
council’s wider interest in the community. Staff may, for example, need to attend
functions in support of local councillors. It may also be necessary to participate in
a working lunch in order to foster a good working relationship with other
organisations. These are examples, therefore, where the acceptance of low
value/proportionate forms of hospitality is acceptable. In addition, a working
breakfast, lunch, dinner or refreshments provided during the course of attending
training, seminars, conferences or official events held by the council may be
accepted, and hospitality provided by another public authority would also
normally be acceptable.

3.5

The following criteria should be applied when deciding whether or not to accept
offers of hospitality:

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 (i)

whether the nature of the hospitality is appropriate - tickets to a major
sporting event must invariably be refused, but an invitation to an Island
event which meets the criteria below may be appropriate.

(ii)

whether the Council’s interest is better served by attendance.

(iii)

whether the scale of the hospitality is appropriate to the circumstance.

(iv)

whether the hospitality is modest and can be considered as part of the
normal business process to foster good relations.

(v)

whether the hospitality is offered by a person or organisation who is not
tendering or about to tender for council business.

(vi)

whether Councillors are attending an event which meets these criteria and
it is appropriate that they are accompanied by an officer.

(vii)

whether it is more appropriate to bear the expense oneself.

3.6

Any intention by Councillors of staff to accept hospitality other than of a minor
nature, must be authorised in advance by the relevant chief officer. In case of
doubt, staff should consult their chief officer for guidance. In the case of
councillors, an appropriate declaration should be completed in advance of the
hospitality being accepted. In the event of doubt, the council’s monitoring officer
should be consulted for guidance.

3.7

If offers of hospitality are declined, those persons or organisations making the
offer should be courteously informed of the procedures and standards operating
within the council with, if appropriate, the following or similar statement:

3.8

”Thank you for your kind offer of ............................. Unfortunately, the council has
a clearly defined policy on accepting gifts and hospitality and I am therefore
unable to accept.”
Below are some examples of acceptable and unacceptable hospitality:

4.

Acceptable

4.1

working lunches provided that their purpose is to continue the work underway in
the meeting.

4.2

attendance in an official capacity at functions to which invitations have been sent
to other local authorities.

5.

Unacceptable

5.1

holidays or weekends away

5.2

the use of a company flat or suite

5.3

lunch with a developer who is applying for planning permission

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 5.4

tickets to a theatre, concerts or sporting events which are offered in order to
influence your decisions and which you would not attend in an official capacity

6.

Recording of Gifts and Hospitality
Staff

6.1

Whether accepted or not, gifts and hospitality, or offers of them (other than the
items of nominal value such as those indicated in para 2.2), must be recorded
using the prescribed form (See appendix 1) and sent through to the following
email address:
where they will be maintained.
Councillors
Isle of Wight Council elected Councillors are required to record gifts and
hospitality that have a value in excess of £50 or those that in aggregate, exceed
£50 in any consecutive twelve months. Councillors can if they wish record gifts
and hospitality for lesser values.
For Councillors, the register is maintained by democratic services. The council
has a prescribed format for the register (as set out in appendix 2)

6.2

All Registers of gifts and hospitality will be reviewed every six months by the
Monitoring Officer or her/his deputy.

7.

Legislation in relation to Gifts and Hospitality

7.1

An outline of the legislation applicable to the acceptance of gifts and hospitality is
given below.
(i)

Bribery Act 2010
The Bribery Act 2010 reformed criminal law, replacing the Prevention of
Corruption Acts 1889-1916 by providing comprehensive scheme of bribery
offences. The act covers a wide range of both direct and indirect bribery
offences, and includes offences committed by individuals and corporate
bodies. Penalties for non-compliance are serious, with a maximum penalty
for the most serious cases being ten years imprisonment. The act created
two general offences covering the offering, promising or giving of an
advantage, and requesting, agreeing to receive, or acceptance of an
advantage

(ii)

Local Government Act 1972
It is a criminal offence under Sub-section 2 of Section 117 for council
employees to accept any fee or reward other than their remuneration. An
offender is liable on conviction to pay a fine.

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 GIFTS AND HOSPITALITY REGISTER
(OFFICER/STAFF)
1.

Name:

2.

Job title:

3.

Name of company (or individual) offering hospitality:

4.

Relationship with council:

5.

Type of hospitality/gift offered/received:

6.

Date hospitality/gift offered/received:

7.

Declined: YES / NO

8.

Where hospitality took place:

9.

Is there a cost to the authority? YES / NO

If yes, how much? £…………………………

Signed (Officer):

....................................................................

Date: .

....................................................................

Monitoring Officer’s signature:

...................................................................

Date:

....................................................................

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 GIFTS AND HOSPITALITY REGISTER
(COUNCILLOR)
Only to be used for gifts and hospitality in excess of £50
1.

Councillor’s Name:

2.

Name of company (or individual) offering hospitality:

3.

Relationship with council:

4.

Type of hospitality/gift offered/received:

5.

Date hospitality/gift offered/received:

6.

Declined: YES / NO

7.

Where hospitality took place:

Signed (Councillor):

.......................................................

Date:

.......................................................

Monitoring Officer (or representative) signature:

.......................................................

Date:

.......................................................

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