National Sports Campus Development Authority Act 2006

Disclosure of interests.

16.— (1) Where a member of the Authority or a committee, a director of a subsidiary, a member of the staff of the Authority or a subsidiary or a consultant or adviser engaged by the Authority or a subsidiary has any pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Authority, a committee or a subsidiary, he or she shall—

(a) disclose to the Authority, committee or subsidiary, as the case may be, the nature of the interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision relating to the matter,

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

(d) withdraw from a meeting at which the matter is being discussed or considered for so long as it is being so discussed or considered, and

(e) if he or she is a member of the Authority or a committee or a director of a subsidiary, neither vote nor otherwise act as such a member or director in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest in each of the following cases:

(a) the person, any connected relative of the person or a nominee of either of them is a member of a company or any other body which has a beneficial interest in, or material to, any matter referred to in that subsection;

(b) the person or any connected relative of the person is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, any such matter;

(c) the person or any connected relative is a party to any arrangement or agreement (whether or not enforceable) concerning land to which any such matter relates;

(d) any connected relative has a beneficial interest in, or material to, any such matter.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only that he or she or any company or other body or person mentioned in subsection (2) has an interest 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 in respect of the matter or in performing any function in relation to the matter.

(4) The Authority shall determine any question as to whether a course of conduct, if pursued by a person, would be a failure by him or her to comply with subsection (1) and particulars of the determination shall be recorded in the minutes of a meeting at which the determination is made.

(5) If a disclosure is made under subsection (1) at a meeting of the Authority, a committee or a subsidiary, particulars of the disclosure shall be recorded in the minutes of the meeting.

(6) Where the Minister is satisfied that a member of the Authority or a committee or a director of a subsidiary has contravened subsection (1), he or she may, if he or she thinks fit, remove that member or director from office and, where a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for being a member of the Authority or a committee or a director of a subsidiary.

(7) Where a person other than a person to whom subsection (6) applies contravenes subsection (1), the Authority or, as appropriate, the subsidiary concerned shall decide the appropriate action to be taken in relation to the person, including the termination of a contract of service or a contract for services with the person.

(8) Section 194 of the Companies Act 1963 shall not apply to a director of a subsidiary.

(9) Nothing in this section shall be taken to prejudice the operation of any rule of law restricting directors of a company from having any interest in contracts with the Authority or a subsidiary.

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