Water Services Act 2017

Declaration of interests

51. (1) Where a member of the Advisory Body has a material interest in any matter which falls to be considered by the Advisory Body, he or she shall—

(a) disclose to the Advisory Body the fact of his or her interest and its nature in advance of consideration of the matter,

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

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

(d) absent himself or herself from the meeting or the part of the meeting concerned during which the matter is discussed, and

(e) not vote on a decision relating to the matter.

(2) Where a disclosure is made to the Advisory Body pursuant to this section, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(3) Where at a meeting of the Advisory Body a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by the person to comply with the requirements of subsection (1), the question shall, subject to subsection (4), be determined by the person chairing the meeting, whose decision shall be final and, where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting of the Advisory Body.

(4) Where at a meeting of the Advisory Body, the person chairing the meeting is the member in respect of whom a question to which subsection (3) applies falls to be determined, then the other members attending the meeting shall choose one of the members present at the meeting to chair the meeting for the purpose of determining the question concerned.

(5) Where the Minister is satisfied, on being informed by the Advisory Body, that a person who is a member of the Advisory Body has contravened subsection (1), the Minister shall decide the appropriate action (including removal from office) to be taken in relation to that person and may, if he or she thinks fit, remove that person from office and that person shall then be disqualified for membership of the Advisory Body.

(6) In this section “material interest” shall be construed in accordance with section 2 (3) of the Ethics in Public Office Act 1995 .