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Requirements affecting members and employees of Board, members and certain officers of planning authorities and certain other persons who have certain beneficial interests.
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33.—(1) Where a member of the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Board, he shall comply with the following requirements:
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(a) he shall disclose to the Board the nature of his interest,
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(b) he shall take no part in the discussion or consideration of the matter,
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(c) he shall not vote or otherwise act as a member of the Board in relation to the matter, and
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(d) he shall neither influence nor seek to influence a decision of the Board as regards the matter.
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(2) Where, at a meeting of a planning authority or of any committee of a planning authority, a resolution, motion, question or other matter is proposed or otherwise arises either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal by the authority of land under or for the purposes of those Acts or any other enactment, a member of the authority or committee present at the meeting shall, if he has a pecuniary or other beneficial interest in, or which is material to, the matter—
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(a) at the meeting, and before discussion or consideration of the matter commences, disclose the nature of his interest,
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(b) withdraw from the meeting for so long as the matter is being discussed or considered,
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and accordingly, he shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.
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(3) A member of a planning authority or of any committee of a planning authority who has a pecuniary or other beneficial interest in, or which is material to, a matter arising either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal by the authority of land under or for the purposes of those Acts or any other enactment, shall neither influence nor seek to influence a decision of the authority as regards the matter.
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(4) Where the manager of a planning authority has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal by the authority of land under or for the purposes of those Acts or any other enactment, he shall, as soon as may be, disclose to the members of the planning authority the nature of his interest.
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(5) (a) Where an employee of the Board or any other person whose services are availed of by the Board has a pecuniary or other beneficial interest in, or which is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Board, he shall comply with the following requirements:
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(i) he shall neither influence nor seek to influence a decision of the Board as regards the matter, and
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(ii) in case, as such employee or other person, he is concerned with the matter, he shall disclose to the Board the nature of his interest and comply with any directions the Board may give him in relation to the matter.
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(b) Where an officer of a planning authority, not being the manager, has a pecuniary or other beneficial interest in, or which is material to, any matter which arises or comes before the authority, either pursuant to, or as regards the performance by the authority of a function under, the Local Government (Planning and Development) Acts, 1963 and 1976, or in relation to the acquisition or disposal of land by the authority under or for the purposes of those Acts or any other enactment, he shall comply with the following requirements:
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(i) he shall neither influence nor seek to influence a decision of the authority as regards the matter, and
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(ii) in case, as such officer, he is concerned with the matter, he shall disclose to the manager of the authority the nature of his interest and comply with any directions the manager may give him in relation to the matter.
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(6) For the purposes of this section but without prejudice to the generality of any of the foregoing subsections hereof, a person shall be regarded as having a beneficial interest if—
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(a) he or his spouse, or any nominee of his or of his spouse, is a member of a company or any other body which has a beneficial interest in, or which is material to, a resolution, motion, question or other matter mentioned in the foregoing subsections of this section,
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(b) he or his spouse is in partnership with or is in the employment of a person who has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter,
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(c) he or his spouse is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a resolution, motion, question or other matter relates.
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(d) his spouse has a beneficial interest in, or which is material to, such a resolution, motion, question or other matter.
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(7) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or which is material to, any resolution, motion, question or other matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (6) of this section which 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 the matter, or in performing any function in relation to that matter.
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(8) Where a person has a beneficial interest mentioned in subsection (1), (2), (3), (4) or (5) of this section by reason only of the beneficial ownership of shares in a company or other body by him or by his spouse and the total nominal value of those shares does not exceed the lesser of—
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(a) five hundred 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 of shares in which he has an interest,
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none of those subsections shall have effect in relation to that beneficial interest.
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(9) Where at a meeting described in subsection (2) of this section a disclosure is made under that subsection, particulars of the disclosure and of any subsequent withdrawal from the meeting pursuant to the said subsection shall be recorded in the minutes of the meeting.
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(10) Subject to subsection (11) of this section, a person who contravenes or fails to comply with a requirement of this section 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.
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(11) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the time of the alleged offence he did not know and had no reason to believe that a matter in which, or in relation to which, he had a beneficial interest had arisen or had come before, or was being considered by, the Board or the relevant planning authority or committee, as may be appropriate, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.
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