Annex C
CONFLICTS OF INTEREST
Membership of Voluntary Bodies
If you are to hold office in a voluntary body or organisation, you must ensure that no conflict arises between your office-bearer's duties and your duty of loyalty to JNCC. You must consult your manager (Grade 7 or above) for guidance on these issues. If the specific activities of the other organisation conflict with JNCC's stance, you are required to withdraw from those activities.
Examples of conflict of interest are:
where your job in JNCC entails funding issues relating to the voluntary body concerned;
where the voluntary body or organisation decides to make a public statement or announcement opposing a JNCC proposal. In that situation you must not lend your name to it, or be seen to be involved in any way that could damage JNCC.
Private Occupations and Activities
Although JNCC is not concerned with the private activities of staff, care needs to be exercised that these are not likely to bring discredit to JNCC. A number of issues arise in relation to part-time private occupations undertaken while in the employment of JNCC:
you may not undertake any private occupation or activity that could be perceived as being in conflict with JNCC's interests or be inconsistent with your position as a public servant. If you are in doubt as to whether a conflict of interest may arise, you should seek advice from your line manager or Head of Personnel. You must seek your manager's (Grade 7 or above) permission if the proposed employment is in a field similar to that of JNCC or where the organisation currently has, has had in the past or may have in the future, any contractual relationship with JNCC, including the provision of services;
as an employee of JNCC, you must not take part in the control or working of a firm or undertaking, without the prior approval of your manager (Grade 7 or above) and the Head of Personnel, after having given sufficient details of your business interests and activities, including the amount of time that you expect to spend in this way and the extent of any connection your private activities may have with your official work;
you may not undertake any other employment while working for JNCC, where the proposed hours of the additional work are likely to have an adverse effect on your performance or attendance. Where you are satisfied that there would be no adverse effect on performance or attendance, you are required to obtain approval from the Head of Personnel. Under the terms of the Working Time Regulations 1998, when an employee has more than one job, it is necessary to ensure that the maximum working week of 48 hours is not breached (see Working Time Regulations);
you may not undertake any work, whether paid or unpaid, for another NDPB, government department or public board, or serve as a Justice of the Peace, without the prior approval of your manager (grade 7 or above), who should consult with the Head of Personnel. (Also, see Special leave policy for approved voluntary public service.)
Acceptance of Business Appointments after Leaving JNCC
Considerations of conflict of interests or propriety also apply to staff who are in the Senior Civil Service grade 4 or above and who accept appointments within two years of their employment with JNCC ending, e.g. on retirement, resignation, or dismissal. JNCC encourages staff to use their experience elsewhere but to do so in a way which doesn't result in unfavourable or unfounded criticism of JNCC. Individuals must apply in writing to the Chairman of the JNCC who will in turn seek advice from the Chief Executive of Natural England before taking any form of full, part time or fee paid employment
The principles of the Business Appointment Rules, as set out for the Civil Service in the Civil Service management code available on the Cabinet office website, have general application and have been adopted by JNCC. The rules are designed to safeguard you, JNCC and the other organisation involved from allegations of impropriety, i.e. that you may have used your position in JNCC to "ingratiate" with an organisation and subsequently accepted a job offer from the organisation. This could include suggestions that the organisation received preferential treatment from you or that there may have been a breach of trust on your part, e.g. by the improper use of information.
Reporting Offers of Employment
If you are considering any approach that offers, or seems likely to offer, employment (including on a consultancy basis) and which could possibly suggest any conflict of interest, you must report the approach to your senior manager (Grade 7 or above), who will consult with Personnel if necessary.
If your job in JNCC is concerned with procurement or contract work, you should report any such approach to your senior manager (Grade 7 or above), particularly where it emanates from an outside employer with whom you or your staff have had dealings in the course of your work whether or not you are considering taking it up.
The Head of Personnel or the Head of Planning and Resources will provide advice to senior managers if required.
Payment for Work
Work done within the normal course of your working day is official JNCC duty and is covered by normal salary arrangements. If you are offered additional payment for any work done under official arrangements or in official time you should consult your line manager who, if necessary, will refer the matter to Personnel.