LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 30 Relatives of councillors.

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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 30

Relatives of councillors.

30.(1) Every councillor shall disclose to the council in writing any relevant
family relationship known to him to exist between himself and any person who
he knows either holds, or is a candidate for appointment to, any office under
the council.

(2) All disclosures made under subsection (1) shall as soon as practicable be
brought by the clerk of the council to the notice of the council and

(a)it shall be the duty of the council to record in its minutes particulars of
the disclosure; and

(b)if the councillor required to make the disclosure is present at any meeting
of the council at which any question relating to or affecting the appointment,
remuneration, tenure or conditions of service, promotion, status, conduct,
dismissal, suspension, retirement or superannuation of the person to whom he
stands in a relevant family relationship is under consideration, he shall
withdraw from that meeting while that question is being considered and his
withdrawal shall be duly recorded in the minutes of the proceedings of that
meeting.

(3) Subsections (4), (7) and (8) of section 28 shall have effect for the
purposes of this section as they have effect for the purposes of that section.

(4) Any councillor who acts in contravention of subsection (1) or subsection
(2)(b) shall be guilty of an offence and shall be liable on summary conviction
to a fine not exceeding #100.

(5) It shall be a defence for a councillor charged with an offence under
subsection (2)(b) to prove that

(a)he did not know and had no reason to believe that a question relating to or
affecting a person to whom he stood in a relevant family relationship was
being considered at the meeting referred to in that subsection; or

(b)the person to whom he stood in a relevant family relationship was only one
of a class or category of persons similarly affected or likely to be similarly
affected by a decision taken by the council with respect to the matter
referred to in that subsection.

(6) For the purposes of this section, a relevant family relationship shall be
deemed to exist between a councillor and an officer or candidate if they are
husband and wife or if the officer or candidate, or the husband or wife of the
officer or candidate, is the

(a)parent;

(b)grandparent;

(c)grandson or granddaughter;

(d)son or daughter;

(e)brother or sister;

(f)uncle or aunt; or

(g) nephew or niece;

Recovery of wrongful gains and remedies against councillor guilty of
reprehensible conduct.

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Northern Irish Legislation

LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 30