|
|
Disclosure of interests.
|
25.— (1) Where the chief executive, a member of the Agency or of a committee, a member of the staff of the Agency, an authorised officer 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 is to be considered by the Agency, he or she shall—
|
|
| |
(a) disclose to the Agency the nature of the interest in advance of any consideration of the matter,
|
|
| |
(b) neither influence nor seek to influence a decision relating to the matter,
|
|
| |
(c) take no part in any consideration of the matter,
|
|
| |
(d) if he or she is the chief executive or a member of the Agency or of a committee or a member of the staff of the Agency, withdraw from the meeting for so long as the matter is being discussed or considered and neither vote nor 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 in each of the following cases:
|
|
| |
(a) the person, any connected relative of the person or a nominee of either of them is a member of a company or any other body which has a beneficial interest in, or material to, any matter referred to in that subsection;
|
|
| |
(b) the person or any connected relative of the person is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, any such matter;
|
|
| |
(c) the person or any connected relative of the person is a party to any arrangement or agreement (whether or not enforceable) concerning land to which any such matter relates;
|
|
| |
(d) any connected relative has a beneficial interest in, or material to, any such 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 that he or she or any company or other person or any other body mentioned in subsection (2) has an interest 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 in respect of the matter or in performing any function in relation to that matter.
|
|
| |
(4) The Agency shall determine any question as to whether a course of conduct, if pursued by a person, would be a failure by him or her to comply with subsection (1), and particulars of the determination shall be recorded in the minutes of the meeting at which the determination is made.
|
|
| |
(5) If a disclosure is made under subsection (1) at a meeting of the Agency, particulars of the disclosure shall be recorded in the minutes of the meeting concerned, and for so long as the matter to which the disclosure relates is being dealt with by the meeting, the person by whom the disclosure is made shall not be counted in the quorum for the meeting.
|
|
| |
(6) Where the Minister is satisfied that a member of the Agency has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant to this subsection, the person shall thenceforth be disqualified from being a member of the Agency.
|
|
| |
(7) Where a person other than a person to whom subsection (6) applies contravenes subsection (1), the Agency, in consultation with the Minister, shall decide the appropriate action to be taken in relation to the person, including the termination of a contract of service or a contract for services with the person.
|
|
| |
(8) In this section “ connected relative”, in relation to a person, means a spouse, partner, parent, brother, sister, child or the spouse of a child of the person.
|
