Roads Act, 1993
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Disclosure of interests. |
37.—(1) Where a member of the Authority, an employee of the Authority, a person whose services are provided to the Authority under section 32 , a member of a committee or consultative group established by the Authority or a consultant, adviser or other person engaged by the Authority, has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Authority, committee or consultative group or by him, he shall comply with the following requirements— | |
(a) in advance of any consideration of the matter, he shall disclose to the Authority and as the case may be to any meeting of the Authority, committee or consultative group considering the matter the nature of his interest; | ||
(b) he shall neither influence nor seek to influence a decision to be made in relation to the matter; | ||
(c) he shall take no part in any consideration of the matter; | ||
(d) he shall withdraw from the meeting for so long as the matter is being discussed or considered by the Authority, committee or consultative group and, where he is a member of such Authority, committee or consultative group shall not vote or otherwise act as such member in relation to the matter. | ||
(2) A person shall be regarded as having a beneficial interest in (but not confined to) each of the following cases— | ||
(a) he, any member of his household or any nominee of his or his 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 subsection (1); | ||
(b) he or any member of his 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 any member of his household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates; | ||
(d) any member of his household has a beneficial interest in, or material to, such a matter. | ||
(3) 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 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 or 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 to comply with the requirements of subsection (1), the question shall be determined by the Authority and particulars of the determination shall be recorded in the minutes of the meeting concerned. | ||
(5) Where at a meeting of the Authority, a committee or consultative group a disclosure is made under this section, 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 not be counted in the quorum of the meeting. | ||
(6) A person who contravenes a requirement of this section shall be guilty of an offence. | ||
(7) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the time of the alleged offence he did not know and had no reason to believe that a matter in which, or in relation to which, he had a beneficial interest had fallen to be considered by him, by the Authority, or by a committee or consultative group established by the Authority, as the case may be, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied. |