Sustainable Energy Act, 2002
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Disclosure of interests. |
18.—(1) Where the Chief Executive, a member of the Board, a member of a committee established by virtue of section 13 , a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in or material to any matter which falls to be considered by the Board, he or she shall— | |
(a) disclose to the Board 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 the Chief Executive, a member of the Board, or a member of a committee established by virtue of section 13 , or a member of the staff of the Authority, withdraw from the meeting for so long as the matter is being discussed or considered and shall not vote on or otherwise act as such Chief Executive or member 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 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, | ||
(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, | ||
(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 | ||
(d) any connected relative 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 hers 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 constitute a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Board, whose decision shall be final, and particulars of the determination shall be recorded in the minutes of the meeting concerned. | ||
(5) Where a disclosure is made to the Board, 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 Board shall decide the appropriate action (including removal from office or as a member, or termination of contract) to be taken. | ||
(7) In this section “connected relative” means, in relation to a person to whom this section applies, the person's spouse or partner, parent, child, brother, sister, or child of the person's spouse or partner. |