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Declaration of interests.
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19.—(1) It shall be the duty of a person to whom this section applies to give to the Council a declaration in the prescribed form, signed by that person and containing particulars of every interest which is an interest to which this section applies and it shall be the duty of that person, where there is a change regarding any such interest or on the acquisition of any other interest to which this section applies, to give to the Council a new declaration in the prescribed form.
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(2) (a) This section applies to an employee of the Council or any other person whose services are availed of by the Council and who is of a class, description or grade prescribed for the purposes of this section.
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(b) This section applies to the following interests—
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(i) any estate or interest which a person to whom this section applies has in any land,
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(ii) any business of dealing in or developing land in which that person is engaged or employed and any such business carried on by a company or other body of which that person (or a nominee) is a member,
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(iii) any profession, business or occupation in which such a person is engaged and which relates to dealing in or developing land.
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(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) if, and only if, a declaration mentioned in that subsection is given within the period of twenty-eight days beginning—
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(a) in case the person is such a person on the commencement of this section, on such commencement,
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(b) in case the person becomes such a person after the commencement of this section, on becoming such a person,
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(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 interestto which this section applies, on the day on which the change occurs or the other such interest is acquired.
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(4) For the purposes of this section, a person shall be regarded as having an estate or interest in land if that person (or a nominee) is a member of a company or other body which has an estate or interest in the land.
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(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 any question with respect to any matter arising or coming before the Council or in performing any function in relation to any such matter.
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(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 that person (or a nominee) and the total nominal value of those shares does not exceed the lesser of—
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(a) one thousand pounds, or
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(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 that person has an interest,
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subsection (1) of this section shall not have effect in relation to that interest.
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(7) The Council 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 Council pursuant to this section.
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(8) The register of interests shall be available for inspection by the Minister.
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(9) 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 Council 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 the Council.
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(10) Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or misleading in a material respect, shall be guilty of an offence.
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(11) In any proceedings for an offence under this section it shall be a good defence that at the relevant time the defendant believed, in good faith and upon reasonable grounds, that—
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(a) the relevant particulars were true,
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(b) there was no matter as regards which a declaration under subsection (1) was required, or
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(c) that the matter in relation to which the offence is allegedwas not one as regards which he was so required to make such declaration.
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(12) A person guilty of an offence under subsection (10) shall be liable—
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(a) on summary conviction, to a fine not exceeding £1,000, or
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(b) on conviction on indictment, to a fine not exceeding £10,000.
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(13) Summary proceedings for an offence under this section may be prosecuted by the Minister.
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(14) In this section—
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“land” includes land covered by water,
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“prescribed” means prescribed by regulations made by the Minister.
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