Local Government Act 2001

Disclosure by member of local authority of pecuniary or other beneficial interests.

177

177.—(1) Where at a meeting of a local authority or of any committee, joint committee or joint body of a local authority, a resolution, motion, question or other matter is proposed or otherwise arises either—

(a) as a result of any of its functions under this or any other enactment, or

(b) as regards the performance by the authority, committee, joint committee or joint body of any of its functions under this or any other enactment,

then, a member of the authority, committee, joint committee or joint body present at such meeting shall, where he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, the matter—

(i) disclose the nature of his or her interest, or the fact of a connected person’s interest at the meeting, and before discussion or consideration of the matter commences, and

(ii) 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.

(2) Where a member of a local authority, committee, joint committee or joint body of the local authority has actual knowledge that a matter is likely to arise at a meeting at which that member will not be present and which, if he or she were present, a disclosure would be required to be made under subsection (1), then that person shall in advance of such meeting make such disclosure in writing and furnish it to the ethics registrar.

(3) There shall be recorded in the minutes of any meeting referred to in subsection (1) or (2) a reference to any disclosure made for the purposes of either of those subsections and of any subsequent withdrawal from the meeting and such disclosure shall be recorded in the register of interests.

(4) A member of a local authority or of any committee, joint committee or joint body of a local authority shall neither influence nor seek to influence a decision of the authority in respect of any matter which he or she has actual knowledge that he or she or a connected person has a pecuniary or other beneficial interest in, or which is material to, any matter which is proposed, or otherwise arises from or as regards the performance by the authority of any of its functions under this or any other enactment.

Annotations

Modifications (not altering text):

C52

Application of section extended with modifications (1.06.2014) by Local Government (Application of Certain Provisions of the Local Government Act 2001 to Municipal District Members) Regulations 2014 (S.I. No. 230 of 2014), reg. 13, in effect as per reg. 3.

Provisions of Part 15 (ethical framework) of the Act.

13. The provisions of section 177 of the Act shall apply in respect of the disclosure by municipal district members of pecuniary or other beneficial interests at a meeting of municipal district members with the following modifications as if:—

(a) in subsection (1), the reference to “a meeting of a local authority, or of any committee, joint committee or joint body of a local authority” were a reference to “a meeting of municipal district members or of any committee of municipal district members”,

(b) in subsection (1)(b):—

(i) the reference to “the performance by the authority, committee, joint committee or joint body of any of its functions” were a reference to “the performance by the municipal district members of any of their functions or the performance by the committee of its functions”, and

(ii) the reference to “a member of the authority, committee, joint committee or joint body present” were a reference to “a municipal district member or a member of a committee present”,

(c) in subsection (2), the reference to “a member of a local authority, committee, joint committee or joint body of the local authority” were a reference to “a municipal district member or a member of a committee of the municipal district members”, and

(d) in subsection (4):—

(i) the reference to “a member of a local authority or of any committee, joint committee or joint body of a local authority” were a reference to “a municipal district member or a member of any committee of municipal district members”,

(ii) the reference to “influence a decision of the authority” were a reference to “influence a decision of the municipal district members”, and

(iii) the reference to “performance by the authority of any of its functions” were a reference to “performance by the municipal district members of any of their functions”.