Advisory Committee on Dangerous Pathogens (ACDP)

Introduction
Annex A
Annex B
Annex C

Download Code of Practice in Portable Document Format amended 19 February 2008

INTRODUCTION

PUBLIC SERVICE VALUES

3. Members of the ACDP must, at all times:

• observe the highest standards of impartiality, integrity and objectivity in relation to the advice they provide and to the management of this public body;
  
  
• be accountable for their activities and for the standard of advice they provide for Ministers and the HSC/E. The Ministers of the sponsoring Departments are answerable to Parliament, and the public more generally, for the policies and performance of the ACDP, including the policy framework within which it operates; and
  
  
• act in accordance with Government policy on openness, and comply fully with the Code of Practice on Access to Government Information and any relevant legislation on disclosure of information

STANDARDS IN PUBLIC LIFE

4. ACDP members are expected to:

• follow the Seven Principles of Public Life set out by the Committee on Standards in Public Life (see Annex A), as they apply to service on the ACDP;
  
  
• comply with this Code of Practice, and ensure that they understand their duties, rights and responsibilities, and that they are familiar with the functions and role of the Committee and any relevant statements of Government policy;
  
  
• not misuse information gained in the course of their public service for personal gain or for political purpose, nor seek to use the opportunity of public service to promote their private interests or those of connected persons, firms businesses or other organisations; and
  
  
• not hold any paid or high-profile posts in a political party, and not engage in specific political activities on matters directly affecting the work of the Committee. When engaging in other political activities, members should be conscious of their public role and exercise proper discretion. These restrictions do not apply to MPs, local councilors or to Peers in relation to their conduct in the House of Lords

TERMS OF APPOINTMENT OF ACDP MEMBERS

5. The NHS Appointments Commission, on behalf of UK Health Ministers, makes appointments to the ACDP. Terms of appointment usually range from 1-3 years. Appointments may be terminated at members' request, in the event of unsatisfactory attendance at meetings, if their conduct is out of keeping with this Code or at the NHS Appointments Commission's discretion.

6. Appointment to the ACDP is on a voluntary basis and fees are not payable. However, members may claim travel and subsistence allowances at standard HSE rates, as given in Annex B.

ROLE OF MEMBERS

7. Members of the ACDP have collective responsibility for the operation of the Committee. They should engage fully in the collective consideration of issues, taking account of the full range of relevant factors, including any guidance issued by the sponsor Departments or the responsible Ministers.

ROLE OF THE CHAIRMAN

8. The Chairman has particular responsibility for providing effective leadership on the issues above. In addition, he/she is responsible for ensuring that the minutes of meetings, produced by the Secretariat, and any reports to the Health and Safety Commission (HSC) and/or Ministers accurately record the decisions taken and, where appropriate, the views of individual Committee members have been taken into account. The Chairman will indicate that the minutes of meetings accurately reflect proceedings by "signing-off" once the Committee has agreed them.

ROLE OF THE SECRETARIAT

9. The Secretariat is provided jointly by officials from the Department of Environment, Food and Rural Affairs (Defra), the Health Protection Agency (HPA) and the Health and Safety Executive (HSE). The HPA Secretariat function has been delegated by the Department of Health. Communications between the Committee and Ministers and the HSC will generally be through the Secretariat, except where it has been agreed that an individual member should act on the Committee's behalf. Nevertheless, any Committee member has the right of access to Ministers on any matter that he or she believes raises important issues relating to his or her duties as a Committee member. In such cases, the agreement of the rest of the Committee should normally be sought. Furthermore, in the case of employer/employee representatives, such members have the right of access to the HSC.

10. The Secretariat is responsible for ensuring that the Committee does not exceed its powers or functions. It should also ensure that the Freedom of Information Act 2000 is complied with, and any complaints are dealt with appropriately.

DECLARATIONS OF INTERESTS

11. It is important to avoid any danger of members of the ACDP being influenced, or appearing to be influenced, by their private interests in the exercise of their public duties. All members should, therefore, declare any personal or business interests relevant to the work of the ACDP which may, or may be perceived (by a reasonable member of the public) to influence their judgement. This should include, as a minimum, payments to members personally and payments to the relevant part of the organisation for which a member works. Members should be aware of their responsibility not to be seen to allow their judgement to be influenced in considering receipt of any gifts or hospitality offered in the exercise of their public duties.

12. If members feel that there are interests, outside the scope of this Code, which could be perceived as influencing their work in relation to the ACDP, for example the personal or business interests of close family members (personal partners, parents, children, brothers and sisters and the personal partners of any of these) they should declare those or approach the Secretariat for advice.

Declarations of interests at meetings
13. A declaration of any interest should be made at any Committee meeting where it relates specifically to a particular issue under discussion. The Secretariat will record this declaration in the minutes (whether or not a member also withdraws from the meeting). It may not be appropriate for members to participate in the discussion or determination of matters in which they have an interest, and may be asked by the Chair to withdraw from the meeting.

Register of interests
14. The Secretariat is required to publish an up-to-date register of members' interests. Members should notify the Secretariat, immediately, of any changes to their entry.

HANDLING OF ACDP PAPERS

15. All ACDP papers are potentially disclosable under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, and can be made available to interested outside individuals on request. All papers will bear one of the following classification markings:

• Fully open
• Partially open
• Fully closed
• Personal to members only

16. Certain information may be exempt from disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004. Where information in ACDP papers is not intended for disclosure it will be indicated by bold arrows with an explanation provided immediately below. A separate "public version" of the paper will be prepared with the so marked information removed, leaving a space indicated by the arrow symbols and the explanation in place. A list of examples of where information may be withheld, and most likely to be relevant to ACDP, is provided as Annex C.

17. Papers will only be made publicly available after the meeting for which they have been prepared has taken place. Members should raise any concerns about classifications or about the disclosability of certain pieces of information with the Secretariat, immediately on receipt or at a Committee meeting. If no concerns are raised, the Secretariat will assume that members are content with the markings. Papers, with any necessary amended markings, will then be deposited with HSE's Information Centre within one working week of the meeting. Vetted agendas, annotated with a summary of the actions agreed for each item, will be posted on the Internet once members have agreed them, shortly after meetings.

18. The full minutes of all ACDP meetings are also potentially disclosable. Reports of discussions will not normally be attributed to individual members, but members may request that statements be attributed in certain instances (see paragraphs 8 and 13 above). Requests for disclosure will be dealt with by the Secretariat as they arise and any information released will be vetted and marked in the same way as with papers prepared for the meetings. Members should inform the Secretariat of any issues, with regard to minutes of meetings, where they feel that certain information should not be disclosed.

RELATIONS WITH THE MEDIA

19. The Secretariat (via the Defra, DH, HPA and/or HSE Press Offices, when appropriate) will usually be responsible for handling media enquiries about the ACDP and its work. However, members may need to deal with direct enquiries from the media, and should do so with circumspection. Members may prefer to refer any such media enquiries to the Secretariat in the first place, or to seek advice on how to handle particular enquiries.

20. Members may, in the course of their work, address conferences and seminars, or have other speaking arrangements at which the media are present. In these circumstances, members should take care to make it clear that they are speaking in a personal capacity and not as a member of the ACDP.

PERSONAL LIABILITY OF ACDP MEMBERS

21. The Cabinet Office Model Code of Practice for Board Members of Advisory Non-Departmental Public Bodies states that: "Legal proceedings by a third party against individual board members of advisory bodies are very exceptional. A board member may be personally liable if he or she makes a fraudulent or negligent statement which result in a loss to a third party; or may commit a breach of confidence under common law or criminal offence under insider dealing legislation, if he or she misuses information gained through their position. However, the Government has indicated that individual board members who have acted honestly, reasonably, in good faith and without negligence will not have to meet out of their own personal resources any personal civil liability which is incurred in execution or purported execution of their board functions. Board members who need further advice should consult the sponsor department."

ANNEX A

ANNEX B

• There is no other suitable public transport; or
• It is late at night; or
• You are in an unfamiliar location and uncertain of public transport arrangements; or
• You have heavy luggage/papers; or
• You are concerned for your physical safety; or
• It is important that you save official time

Subsistence Expenses

Day Subsistence

Lunch is provided at ACDP meetings and Working Group meetings. If you are away from your usual office/home for less than 10 hours you should not claim any day subsistence. If you are away from your office/home for more than 10 hours you can claim £5.03 for the day.

Expenses payable if you are required to stay overnight are:

Private accommodation arrangements £30 per night

Making your own commercial accommodation arrangements:

Greater London Authority area up to £90 per night
Elsewhere up to £68 per night

Alternatively HSE's accommodation agency, Expotel, can arrange accommodation for you. Please contact the ACDP Secretariat (details as before) and they will arrange Expotel to book suitable accommodation for you.

In addition, Night Subsistence Allowance for your own commercial accommodation arrangements, and if booked via Expotel, is claimable. It totals £26.46 per night and consists of:

a) Evening meal £16.43
b) Lunch £5.03, and
c) Incidental £5

For example, if attending an overnight event and the evening meal is provided along with lunch the following day then you can claim for £5. If an evening meal is provided but not lunch then you can claim £10.03, and if lunch is provided but no evening meal than you can claim £21.43.

ANNEX C

• Information which would harm national security, defence or international relations;
  
  
• Information which relates to formulation of government policy;
  
  
• Information which would prejudice law enforcement and legal proceedings;
  
  
• Information intended for future published;
  
  
• Personal information;
  
  
• Commercial interests;
  
  
• Information given in confidence;
  
  
• Information whose disclosure is prohibited by law.

2. Further exemptions are contained in the Environmental Information Regulations 2004 as follows:

• confidentiality of proceedings;
  
  
• personal data;
  
  
• information given in confidence (i.e. where the provider was not and could not have been placed under a legal obligation to supply the information);
  
  
• information whose disclosure could harm the environment;
  
  
• international relations, national defence or public security;
  
  
• legal proceedings;
  
  
• commercial confidentiality or intellectual property rights.

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