28. Application to committees of public bodies

(1)

This section applies where a public body is permitted by its constitutional Act to appoint committees from among its members or other individuals —

(a)

to advise the public body on any matters relating to the public body’s functions that are referred to the committee by the public body; or

(b)

to perform or exercise any of the public body’s functions that are delegated to the committee.

(2)

An individual may not be appointed as a member of such a committee of a public body unless, before appointment, he or she discloses to the public body the details of any interest the individual has at that time, or is likely to have, in matters relating to the committee if he or she were a member of that committee.

(3)

Sections 23 to 27 apply to such a committee and the committee’s members subject to the following modifications:

(a)

the reference in those sections to a relevant matter is a reference to a relevant matter (within the meaning of section 23) regulated or managed by the committee;

(b)

the reference in those sections to a member of the public body is a reference to a committee member;

(c)

the reference in section 25 to disclosing details of an interest in a relevant matter to the responsible Minister for the public body is a reference to disclosing those details to the public body;

(d)

the reference in section 26 to a discussion, decision, activity or meeting of the public body is a reference to a discussion, decision, activity or meeting of the committee;

(e)

the reference in section 27 to the public body reporting to the responsible Minister is a reference to the committee reporting to the public body.

Terms defined in this Act

appoint
Defined · s 13
“appoint” includes appointing a public officer under a secondment arrangement making available temporarily to a public body the service of the public officer, but excludes to promote;
Open s 13
constitutional Act
Defined · s 2
“constitutional Act”, in relation to a public body, means the Act by or under which the public body is established;
Open s 2
member
Defined · s 2
“member”, in relation to a public body, means —(a)an individual who is appointed under the constitutional Act of the public body as a member of the public body; or(b)an individual who is appointed under the constitutional Act of the public body as a member of the governing body of the public body, where there is a governing body,and includes an individual who is appointed under the constitutional Act of the public body to act in that capacity temporarily;
Open s 2
public body
Defined · s 2
“public body” means a body corporate established by a public Act for the purposes of a public function but excludes a Town Council established under section 4 of the Town Councils Act 1988;
Open s 2
relevant matter
Defined · s 23
“relevant matter”, for a public body, means —(a)the public body’s performance of its functions or exercise of its powers under written law; or(b)an arrangement or agreement, or a contract, made or entered into, or proposed to be made or entered into, by the public body.(2) A member of a public body is interested in a relevant matter relating to the public body if the member, or an associate of the member —(a)may derive a direct or indirect financial benefit from the relevant matter;(b)may have a direct or indirect financial interest in a person to whom the relevant matter relates; or(c)is otherwise directly or indirectly interested in the matter.(3) However, a member of a public body is not interested, directly or indirectly, in a relevant matter relating to the public body —(a)only because of an interest in a question about the level of remuneration, allowances or expenses to be set for members of the public body;(b)only because of an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public;(c)only because the member, or an associate of the member, has an interest in payment or reimbursement of membership fees for, or expenses related to membership in, a body with predominantly charitable objects;(d)only because he or she has past or current involvement in the relevant sector, industry or practice;(e)only because the member, or an associate of the member, is a customer of any service provided or goods supplied by the public body to the public generally or a section of the public in the performance of its functions or exercise of its powers under written law;(f)only because the member is a director or chief executive officer of a wholly‑owned subsidiary corporation of the public body and the relevant matter is with or for the benefit of or done on behalf of that wholly‑owned subsidiary corporation;(g)where the member is appointed to represent —(i)the Government or a holder of a public office; or(ii)a community or special interest group in accordance with the constitutional Act of the public body,only because the relevant matter is with or for the benefit of or done on behalf of the Government or that public office or that community or group, as the case may be; or(h)if his or her interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence him or her in carrying out his or her responsibilities under this Act or another written law administered by the public body in respect of that relevant matter.(4) In this Division, a person is an associate of another if —(a)they are spouses or siblings or a parent and child or they are in a similar close family relationship;(b)they are in partnership;(c)one is a company and the other is a director or manager of the company;(d)one is a private company within the meaning of the Companies Act 1967 and the other is a shareholder in the company; or(e)a chain of relationships can be traced between them under one or more of the above paragraphs.(5) In this section, a person is a wholly‑owned subsidiary corporation of a public body if none of the members of the corporation is a person other than —(a)the public body;(b)a nominee of the public body;(c)a subsidiary of the public body being a subsidiary none of the members of which is a person other than that public body or a nominee of that public body; or(d)a nominee of a subsidiary mentioned in paragraph (c),and “subsidiary” has the meaning given by the Companies Act 1967.(6) In this Division, unless the context otherwise requires,
Open s 23
responsible Minister
Defined · s 2
“responsible Minister”, in relation to a public body, means the Minister charged with the responsibility for the public body;
Open s 2

Report

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Part 5

Financial Administration

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Part 6

General Provisions

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Part 7

Final Provisions

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Schedules

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