Local Government (Planning and Development) Act, 1976

• Permanent Page URL

Declaration by members and employees of Board, and members and officers of planning authorities of certain interests.

32.—(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 and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty where there is a change regarding an interest particulars of which are contained in the declaration or where he acquires any other interest to which this section applies, to give to the relevant body a fresh such declaration.

(2) (a) This section applies to the following persons, namely:

(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, namely:

(i) any estate or interest which a person to whom this section applies has, in case the person is a member or officer of a planning authority, in land situated in the area of the relevant authority, and in any other case, in any land,

(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 any nominee of his, is a member,

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

(3) 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) of this section if, and only if, he gives to the relevant body a declaration mentioned in that subsection within the period of twenty-eight days beginning—

(a) in case the person is such a person on the commencement of this section, on such commencement,

(b) in case the person becomes such a person after the commencement of this section, on the day on which he becomes such a person,

(c) 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.

(4) 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 any nominee of his, is a member of a company or other body which has an estate or interest in the land.

(5) 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.

(6) 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 by his nominee and the total nominal value of those shares does not exceed the lesser of—

(a) five hundred pounds, 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 has an interest,

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

(7) The Board and each planning authority shall for the purposes of this section keep a register (which register is in this section referred to as 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. 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.

(8) 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 said register by that body.

(9) Subject to subsection (10) of this section, a person who fails to comply with subsection (1) of this section or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred and fifty pounds or at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.

(10) 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 believed, in good faith and upon reasonable grounds, that—

(a) the relevant particulars were true,

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

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

(11) (a) For the purposes of this section and section 33 of this Act,

(i) a manager shall be deemed to be an officer of every planning authority for which he 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 duties under another planning authority, shall be deemed to be also an officer of the other authority.

(b) In this section the “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.