Registration of Deeds and Title Act 2006

Disclosure of interests.

14.— (1) Where a member of the Authority or a member of an advisory committee, a consultant or an adviser appointed by the Authority 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 or advisory committee, 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, or part of 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 is regarded for the purposes of this section as having beneficial interest if—

(a) he or she or any connected relative, any nominee of his or hers or any connected relative of the nominee is a member of a company or any other entity which has a beneficial interest in, or material to, a matter to be considered by the Authority or advisory committee,

(b) he or she or any connected relative is in partnership with or 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 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 has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section a person is not 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 or advisory committee, 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) Where a member of the Authority does not make a disclosure in accordance with this section, the Minister shall determine the appropriate action (including removal from office) to be taken.

(7) Where a person, other than such a member, does not make a disclosure in accordance with this section, the Authority shall determine the appropriate action (including removal from office as a member of an advisory committee or termination of contract) to be taken.

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