Public Service Management (Recruitment and Appointments) Act 2004

Disclosure of interests by commissioners.

22

22.—(1) Where a commissioner has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she shall—

( a) disclose to the Commission the nature of his or her interest in advance of any consideration of the matter,

( b) neither influence nor seek to influence a decision in relation to the matter,

( c) take no part in any consideration of the matter, and

( d) withdraw from any meeting for so long as the matter is being discussed or considered and not vote or otherwise act in relation to the matter.

(2) For the purpose of this section, but without prejudice to the generality of subsection (1), a commissioner shall be regarded as having a beneficial interest if—

( a) he or she or any member of his or her household, or any nominee of his or her household, 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 member of his or her household 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 member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

( d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a commissioner shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a commissioner, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Commission and for that purpose the commissioner concerned—

( a) shall disclose the proposed course of conduct to the Commission,

( b) shall neither influence nor seek to influence a decision in relation to the matter,

( c) shall take no part in any consideration of the matter, and

( d) shall not vote or otherwise act in relation to the matter.

(5) Where a disclosure is made to the Commission under subsection (1) or (4), particulars of the disclosure and of any determination under subsection (4) shall be recorded in the minutes of the meeting concerned.