Planning and Development Act 2024

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Declaration of interests

523. (1) A relevant person shall sign and give to the Commission a declaration, in such form as may be prescribed—

(a) containing particulars in relation to each interest referred to in subsection (2), or

(b) where he or she has no such interest, stating that to be the case.

(2) Subject to subsections (4) and (5), the interests referred to in subsection (1) are—

(a) any legal or beneficial interest the relevant person has in land or a maritime site, including where the relevant person, or any nominee of his or hers, is a member of a company or other body which has an interest in land or a maritime site and, without prejudice to the foregoing, including—

(i) any interest in a contract for the purchase of land or a maritime site, whether or not a deposit or part payment has been made under the contract, and

(ii) any interest in—

(I) an option to purchase land or a maritime site, whether or not any consideration has been paid in respect of the option, or

(II) land or a maritime site in respect of which such an option has been exercised but which has not yet been conveyed,

but excluding any interest in land or a maritime site consisting of an interest in a private home (within the meaning of paragraph 1(4) of the Second Schedule to the Ethics in Public Office Act 1995 ) where the relevant person is the person occupying the private home,

(b) any business of dealing in or developing land or a maritime site in which the person is engaged or employed and any such business carried on by a company or other body of which he or she, or any nominee or trustee of his or hers, is a member, and

(c) any profession, business or occupation in which the person is engaged, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land or a maritime site.

(3) (a) Subject to subsections (4) and (5), a declaration under subsection (1) shall be given by a relevant person—

(i) within 28 days of the day on which he or she becomes such a person, and

(ii) thereafter, at least annually.

(b) Notwithstanding paragraph (a), a relevant person shall, where—

(i) there is a change regarding an interest contained in a declaration made under subsection (1), or

(ii) another interest referred to in subsection (2) is acquired by him or her,

give to the Commission a further declaration under subsection (1) in respect of that change or interest within 10 working days of the day on which the change occurs or the other interest is acquired.

(4) A relevant person shall not be regarded as having an interest referred to in subsection (2), if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the relevant person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Commission or in performing any function in relation to any such matter.

(5) Where a relevant person has an interest referred to in subsection (2) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee or trustee and the total value of those shares does not exceed the lesser of—

(a) €13,000, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,

subsections (1) and (3) shall not apply in relation to that interest.

(6) The Commission shall, for the purposes of this section, keep a register (in this section referred to as the “register of interests”) and shall enter in it the particulars contained in declarations given to the Commission under this section.

(7) The register of interests shall be kept at the offices of the Commission and shall be available for public inspection during office hours.

(8) Where a person ceases to be a relevant person, any particulars entered in the register of interests as a result of a declaration given by the person to the Commission under subsection (1) shall be removed from the register of interests by the Commission, as soon as may be after the expiry of the period of 5 years beginning on the day on which the person ceases to be such a person.

(9) Subject to subsection (10), a person who fails to comply with subsection (1) or (3) or who, when purporting to comply with subsection (1) or (3), gives particulars in a declaration that are false or misleading in a material respect, shall be guilty of an offence.

(10) In any proceedings for an offence under subsection (9) it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and upon reasonable grounds, that—

(a) the particulars were true,

(b) there was no interest as regards which he or she was then required to make a declaration under subsection (1) or (3), or

(c) that the interest in relation to which the offence is alleged to have been committed was not one as regards which he or she was required to make such a declaration.

(11) Where a relevant person has complied with section 147 of the Act of 2000 in respect of the year in which that section is repealed by section 6 , he or she shall be deemed to have complied with this section in respect of that year.

(12) In this section “relevant person” means—

(a) a member of the Governing Board,

(b) a Planning Commissioner,

(c) the chief executive officer or other member of the staff of the Commission, or

(d) any other person—

(i) whose services are availed of by the Commission, and

(ii) who is of a class, description or grade prescribed by the Minister for the purposes of this section.