PART VII

Disclosure of Interests, etc.

Declaration by members, etc. of certain interests.

147. —(1) It shall be the duty of a person to whom this section applies to give to the relevant body a declaration in the prescribed form, signed by him or her and containing particulars of every interest of his or hers which is an interest to which this section applies and for so long as he or she continues to be a person to whom this section applies it shall be his or her duty where there is a change regarding an interest particulars of which are contained in the declaration or where he or she acquires any other interest to which this section applies, to give to the relevant body a fresh declaration.

(2) A declaration under this section shall be given at least once a year.

(3) (a) This section applies to the following persons:

(i) a member of the Board;

(ii) a member of a planning authority;

(iii) an employee of the Board or any other person—

(I) whose services are availed of by the Board, and

(II) who is of a class, description or grade prescribed for the purposes of this section;

(iv) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.

(b) This section applies to the following interests:

(i) any estate or interest which a person to whom this section applies has in any land, but excluding any interest in land consisting of any private home within the meaning of paragraph 1(4) of the Second Schedule to the Ethics in Public Office Act, 1995 ;

(ii) any business of dealing in or developing land in which such a 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 of his or hers, is a member;

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

(4) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if he or she gives to the relevant body a declaration referred to in that subsection:

(a) within the period of twenty-eight days beginning on the day on which he or she becomes such a person,

(b) in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies, on the day on which the change occurs or the other such interest is acquired.

(5) For the purposes of this section, a person to whom this section applies shall be regarded as having an estate or interest in land if he or she, or any nominee of his or hers, is a member of a company or other body which has an estate or interest in the land.

(6) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies, if the interest 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 any matter arising or coming before the Board or authority, as may be appropriate, or in performing any function in relation to any such matter.

(7) Where a person to whom this section applies has an interest to which this section applies 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 and the total value of those shares does not exceed the lesser of—

(a) £10,000, 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,

subsection (1) shall not have effect in relation to that interest.

(8) The Board and each planning authority shall for the purposes of this section keep a register (“the register of interests”) and shall enter therein the particulars contained in declarations given to the Board or the authority, as the case may be, pursuant to this section.

(9) The register of interests shall be kept at the offices of the Board or the planning authority, as the case may be, and shall be available for public inspection during office hours.

(10) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the relevant body pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the register of interests by that body.

(11) Subject to subsection (12), a person who fails to comply with subsections (1) and (2) or who, when purporting to comply with the requirements of subsection (1), gives particulars which are false or which to his or her knowledge are misleading in a material respect, shall be guilty of an offence.

(12) In any proceedings for an offence under this section 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 relevant particulars were true,

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

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

(13) (a) For the purposes of this section and sections 148 and 149—

(i) a manager shall be deemed to be an officer of every planning authority for which he or she is manager,

(ii) an assistant county manager for a county shall be deemed to be an officer of every planning authority in the county, and

(iii) an officer of a planning authority who, by virtue of an arrangement or agreement entered into under any enactment, is performing functions under another planning authority, shall be deemed to be also an officer of the other authority.

(b) In this section “relevant body” means—

(i) in case a person to whom this section applies is either a member or employee of the Board, or other person whose services are availed of by the Board, the Board, and

(ii) in case such a person is either a member or officer of a planning authority, the authority.

Requirements affecting members, etc. who have certain beneficial interests.

148. —(1) Where a member of the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question, determination or dispute which falls to be decided or determined by the Board under any enactment, he or she shall comply with the following requirements:

(a) he or she shall disclose to the Board the nature of his or her interest;

(b) he or she shall take no part in the discussion or consideration of the matter;

(c) he or she shall not vote or otherwise act as a member of the Board in relation to the matter;

(d) he or she shall neither influence nor seek to influence a decision of the Board as regards the matter.

(2) Where, at a meeting of a planning authority or of any committee of a planning authority, a resolution, motion, question or other matter is proposed or otherwise arises either pursuant to, or as regards the performance by the authority of a function under this Act or in relation to the acquisition or disposal by the authority of land under or for the purposes of this Act or any other enactment, a member of the authority or committee present at the meeting shall, if he or she has a pecuniary or other beneficial interest in, or which is material to, the matter—

(a) at the meeting, and before discussion or consideration of the matter commences, disclose the nature of his or her interest, and

(b) withdraw from the meeting for so long as the matter is being discussed or considered,

and accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.

(3) A member of a planning authority or of any committee of a planning authority who has a pecuniary or other beneficial interest in, or which is material to, a matter arising either pursuant to, or as regards the performance by the authority of a function under this Act, or in relation to the acquisition or disposal by the authority of land under or for the purposes of this Act or any other enactment, shall neither influence nor seek to influence a decision of the authority as regards the matter.

(4) Where the manager of a planning authority has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority either pursuant to, or as regards the performance by the authority of a function under this Act, or in relation to the acquisition or disposal by the authority of land under or for the purposes of this Act or any other enactment, he or she shall, as soon as may be, disclose to the members of the planning authority the nature of his or her interest.

(5) (a) Where an employee of the Board, a consultant or adviser engaged by the Board, or any other person whose services are availed of by the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Board, he or she shall comply with the following requirements:

(i) he or she shall neither influence nor seek to influence a decision of the Board as regards the matter;

(ii) in case, as such employee, consultant, adviser or other person, he or she is concerned with the matter, he or she shall disclose to the Board the nature of his or her interest and comply with any directions the Board may give him or her in relation to the matter.

(b) Where an officer of a planning authority, not being the manager, has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority, either pursuant to, or as regards the performance by the authority of a function under this Act, or in relation to the acquisition or disposal of land by the authority under or for the purposes of this Act or any other enactment, he or she shall comply with the following requirements:

(i) he or she shall neither influence nor seek to influence a decision of the authority as regards the matter; and

(ii) in case, as such officer, he or she is concerned with the matter, he or she shall disclose to the manager of the authority the nature of his or her interest and comply with any directions the manager may give him or her in relation to the matter.

(6) For the purposes of this section but without prejudice to the generality of subsections (1) to (5), a person shall be regarded as having a beneficial interest if—

(a) he or she or his or her spouse, or any nominee of his or her or of his or her spouse, is a member of a company or any other body which has a beneficial interest in, or which is material to, a resolution, motion, question or other matter referred to in subsections (1) to (5),

(b) he or she or his or her spouse is in partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter,

(c) he or she or his or her spouse is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a resolution, motion, question or other matter relates, or

(d) his or her spouse has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter.

(7) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or which is material to, any resolution, motion, question or other matter by reason only of an interest of his or her or of any company or of any other body or person referred to in subsection (6) 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.

(8) Where a person has a beneficial interest referred to in subsection (1), (2), (3), (4) or (5) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her spouse and the total value of those shares does not exceed the lesser of—

(a) £10,000, 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 of shares in which he or she has an interest,

none of those subsections shall have effect in relation to that beneficial interest.

(9) Where at a meeting referred to in subsection (2) a disclosure is made under that subsection, particulars of the disclosure and of any subsequent withdrawal from the meeting pursuant to that subsection shall be recorded in the minutes of the meeting.

(10) Subject to subsection (11), a person who contravenes or fails to comply with a requirement of this section shall be guilty of an offence.

(11) 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 or she did not know and had no reason to believe that a matter in which, or in relation to which, he or she had a beneficial interest had arisen or had come before, or was being considered by, the Board or the relevant planning authority or committee, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.

Supplemental provisions relating to sections 147 and 148.

149. —(1) Proceedings for an offence under section 147 or 148 shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(2) Where a person is convicted of an offence under section 147 or 148—

(a) the person shall be disqualified from being a member of the Board,

(b) in case the person is a member of the Board, he or she shall on conviction accordingly cease to be a member of the Board,

(c) in case the person is a member of a planning authority or a member of any committee of a planning authority, he or she shall on conviction cease to be a member of the authority or the committee, as may be appropriate,

(d) in case the person is a member of both a planning authority and any one or more such committees, he or she shall on conviction cease to be a member of both the authority and every such committee, and

(e) in case the person by virtue of this subsection ceases to be a member of a planning authority or any such committee, he or she shall be disqualified for being a member of the authority or committee during the period which, but for the cessation of his or her membership of the authority or committee under this section, would be the remainder of his or her term.

(3) A disqualification under this section shall take effect on the expiry of the ordinary time for appeal from the conviction concerned or if an appeal is brought within that time, upon the final disposal of that appeal.

(4) In case a person contravenes or fails to comply with a requirement of section 147 , 148 or 150, or acts as a member of the Board, a planning authority or committee of a planning authority while disqualified for membership by virtue of this section, the fact of the contravention or failure or of his or her so acting, as the case may be, shall not invalidate any act or proceeding of the Board, authority or committee.

(5) Where any body which is a company within the meaning of section 155 of the Companies Act, 1963 , is deemed under that section to be a subsidiary of another or to be another such company's holding company, a person who is a member of the first-mentioned such company shall, for the purposes of sections 147 and 148 be deemed also to be a member of the other company.

Codes of conduct.

150. —(1) (a) Every planning authority, by resolution, and the Board shall adopt a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business which must be followed by those persons referred to in subsection (3).

(b) A code of conduct under this section shall be adopted within one year of the commencement of this section.

(2) A code of conduct shall consist of a written statement setting out the planning authority's or the Board's policy on at least the following matters:

(a) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the authority or the Board, as appropriate;

(b) membership of other organisations, associations and bodies, professional or otherwise;

(c) membership of, or other financial interests in, companies, partnerships or other bodies;

(d) undertaking work, not being work on behalf of the authority or the Board, as the case may be, both during and after any period of employment with the authority or the Board, whether as a consultant, adviser or otherwise;

(e) acceptance of gifts, sponsorship, considerations or favours;

(f) disclosure of information concerning matters pertaining to the work of the authority or the Board, as appropriate;

(g) following of proper procedure in relation to the functions of the authority and the Board including the procedures for—

(i)     (I) the review, making and variation of development plans,

(II) the review, making and amendment of local area plans,

(III) the processing of planning applications and appeals, and

(IV) the granting of permission which would materially contravene the development plan, including the use of resolutions referred to in section 34 (6)(c),

and

(ii) the disclosure by members and employees of the authority or of the Board of any representations made to such members or employees whether in writing or otherwise in relation to those matters.

(3) This section shall apply to—

(a) a member of the Board,

(b) a member of a planning authority,

(c) an employee of the Board or any other person—

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

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

and

(d) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.

(4) (a) It shall be a condition of appointment of persons listed at subsection (3)(a) that they shall comply with the code of conduct.

(b) It shall be a condition of taking up and holding office by persons listed at subsection (3)(b) that they shall comply with the code of conduct.

(c) It shall be a condition of employment of persons listed at subsection (3)(c) and (d) that they shall comply with the code of conduct.

(5) A planning authority or the Board may at any time review a code of conduct adopted under this section and may—

(a) amend the code of conduct, or

(b) adopt a new code of conduct.