Private Security Services Act 2004

Disclosure of interests.

17

17.—(1) Where a member of the Authority, the Chief Executive, a member of the staff of the Authority or a member of an advisory committee, a consultant or an adviser appointed by it has (otherwise than in that capacity) a pecuniary interest or other beneficial interest in, or material to, any matter to be considered by the Authority, he or she shall—

( a) in advance of any consideration of the matter, disclose that interest and its nature to the Authority or advisory committee, as the case may be,

( b) neither influence nor seek to influence any decision to be made in relation to it,

( c) not make any recommendation in relation to it,

( d) not take part in any consideration of it,

( e) absent himself or herself from any meeting of the Authority, or any part of such a meeting, at which it is being considered or discussed,

( f) not be counted towards a quorum during any such consideration or discussion, and

( g) not vote on any decision relating to the matter.

(2) Without prejudice to the generality of subsection (1), a person shall be regarded for the purposes of this section as having a beneficial interest if—

( a) he or she or any connected relative F8 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], or any nominee of his or hers or any connected relative F8 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

( b) he or she or any connected relative F8 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] 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 she or any connected relative F8 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

( d) any connected relative F8 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] has a beneficial interest in, or material to, such a 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 of an interest of the person, or of any company or other entity or person mentioned in subsection (2), which is so remote or insignificant that it could not reasonably be regarded as likely to influence a person in considering, discussing or voting on any question with respect to the matter or in performing any function in relation to it.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by the person to comply with subsection (1), it shall be determined by the Authority, and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure under subsection (1) is made to the Authority or an advisory committee, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(6) The Minister, if of opinion that a person mentioned in subsection (1) has contravened that subsection, may remove the person from office or terminate his or her contract, and the person shall thereupon cease to be qualified for membership of the Authority or appointment by it in any capacity.

(7) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(8) In this section “connected relative” means, in relation to a person to whom this section applies, the person's spouse or partner or the parent, brother, sister or child of the person or the person's spouse or partner.