Planning and Development Act 2024

Code of conduct

501. (1) The Governing Board shall adopt a code (in this Part referred to as the “code of conduct”) which shall provide for—

(a) the manner in which conflicts of interest on the part of the persons referred to in subsection (2) are to be dealt with,

(b) the means by which public confidence in the integrity of the Commission in the conduct of its business is to be promoted,

(c) such matters specified in the Code of Practice for the Governance of State Bodies for the time being published by the Minister for Public Expenditure, National Development Plan Delivery and Reform as the Governing Board considers appropriate, and

(d) compliance with requirements imposed by or under this Act or any other enactment.

(2) The code of conduct shall be complied with, to the extent that the code has been applied to him or her, by—

(a) a member of the Governing Board,

(b) a Planning Commissioner,

(c) a member of the staff of the Commission (including the chief executive officer), and

(d) a person engaged under section 390 .

(3) The code of conduct shall be in writing and shall, without prejudice to the generality of subsection (1), make provision for the following matters—

(a) measures to ensure the avoidance and management of conflicts of interest of persons to whom the code applies,

(b) disclosure of interests and relationships of persons to whom the code applies where the interests and relationships are of relevance to the work of the Commission,

(c) membership of persons to whom the code applies of other organisations, associations and bodies, professional or otherwise,

(d) membership of persons to whom the code applies of companies, partnerships or other bodies, or the holding by persons to whom the code applies of a financial interest in, companies, partnerships or other bodies,

(e) undertaking of work, other than work on behalf of the Commission, by persons to whom the code applies, both during and after any period of employment with the Commission, whether as a consultant, adviser or otherwise,

(f) acceptance of gifts, sponsorship, considerations or favours by persons to whom the code applies,

(g) disclosure of information concerning matters pertaining to the work of the Commission by persons to whom the code applies,

(h) the steps to be taken in the event a conflict of interest arises in the course of determining an appeal, application, referral or request,

(i) the steps to be taken to ensure that no breach of the code of conduct occurs during the course of determining an appeal, application, referral or request, and

(j) disclosure by persons to whom the code applies of any representations relating to the functions of the Commission made to such a person by a member of the public, whether in writing or otherwise.

(4) A person to whom a code applies shall not take up a position with, or hold office within, the Commission, or be engaged under section 390 , except on condition that he or she shall comply with the code of conduct to the extent the code of conduct applies to him or her.

(5) The Governing Board may amend the code of conduct or adopt a new code of conduct in accordance with this section.

(6) The Governing Board shall cause a copy of the code of conduct, or an amendment to the code of conduct, to be published on a website maintained by or on behalf of the Commission within 2 weeks of its adoption by the Governing Board under subsection (1).

(7) The Governing Board shall adopt the first code of conduct under subsection (1) within 6 months of the commencement of this section.