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Disclosure of interests.
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29.—(1) Where the chief executive, a member of the Agency, a member of the staff of the Agency, or a consultant, adviser or other person engaged by the Agency, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Agency he or she shall—
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(a) disclose to the Agency the nature of his or her interest in advance of any consideration of the matter,
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(b) neither influence nor seek to influence a decision in relation to the matter,
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(c) take no part in any consideration of the matter,
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(d) if he or she is the chief executive, a member of the Agency, or a member of the staff of the Agency, withdraw from the meeting for so long as the matter is being discussed or considered by the Agency and shall not vote or otherwise act as such chief executive or member in relation to the matter.
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(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—
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(a) he or she or any connected relative or any nominee of his or her or any connected relative, 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,
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(b) he or she or any connected relative is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,
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(c) he or she or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or
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(d) any connected relative has a beneficial interest in, or material to, such a matter.
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(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter—
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(a) 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, or
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(b) if he or she can show that at the material time he or she was unaware, and in the circumstances could not possibly have been aware, that a connected person had an interest referred to in subsection (2).
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(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 Agency and particulars of the determination shall be recorded in the minutes of the meeting concerned.
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(5) Where a disclosure is made to the Agency pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned and, for as long as the matter to which the disclosure relates is being considered by the meeting, the person by whom the disclosure is made shall absent themselves from the meeting.
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(6) Where a person, other than a member of the Agency, referred to in this section fails to make a disclosure in accordance with this section, the Agency shall decide the appropriate action (including removal from office or termination of contract) to be taken.
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(7) Where a member of the Agency fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.
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(8) In this section “connected relative” means, in relation to a person to whom this section applies, the person's spouse or partner, parent, brother, sister or child.
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