Ethics in Public Office Act, 1995

Guidelines and advice from Commission.

25.—(1) The Commission—

(a) shall, after consultation with the Committees, from time to time draw up and publish to persons (other than members who are not office holders) to whom a provision of Part II , III or IV applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally and, in particular, with the provisions of those Parts, and

(b) may, at the request of a person (other than a member who is not an office holder) to whom a provision of Part II , III or IV applies, give advice to the person in relation to any provision of this Act or as to the application, in any particular case, of any such provision.

(2) When a request is made under subsection (1) (b) in relation to a particular case, the provision concerned of Part II , III or IV shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the Commission in relation to the case or it declines to give such advice.

(3) The Commission shall, within 21 days of the receipt by it of a request for advice under subsection (1) (b), furnish the advice to the person concerned or notify him or her of its decision to decline to do so.

(4) A person shall act in accordance with guidelines or advice published or given to the person under this section unless, by so doing, the act concerned would constitute a contravention of another provision of this Act.