Qualifications (Education and Training) Act, 1999
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Disclosure of interests. |
54.—(1) Where a member of a relevant body, an employee of a relevant body, a member of a committee established under section 56 , or a consultant, adviser or other person engaged by a relevant body, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by a relevant body or a committee established under this Act, he or she shall— | |
(a) disclose to the relevant body or committee, as the case may be, the nature of his or her interest in advance of any consideration of the matter, | ||
(b) neither influence nor seek to influence a decision in relation to the matter, | ||
(c) take no part in any consideration of the matter, | ||
(d) if he or she is a member of the relevant body, an employee of the relevant body or a member of a committee established under section 56 , withdraw from the meeting for so long as the matter is being discussed or considered and shall not vote or otherwise act as such member or employee in relation to the matter. | ||
(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if— | ||
(a) he or she or any member of his or her household, or any nominee of his or her or any member of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection, | ||
(b) he or she or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, | ||
(c) he or she or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or | ||
(d) any member of his or her household has a beneficial interest in, or material to, such a matter. | ||
(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or her or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter. | ||
(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the relevant body concerned or by a committee established under section 56 , as the case may be, and particulars of the determination shall be recorded in the minutes of the meeting concerned. | ||
(5) Where a disclosure is made pursuant to subsection (1) to a relevant body or to a committee established under section 56 , particulars of the disclosure shall be recorded in the minutes of the meeting concerned. | ||
(6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the relevant body concerned or a committee established under section 56 , as the case may be, shall decide the appropriate action to be taken. |