Localism Bill

181: After Clause 18, insert the following new Clause— ““Disclosure of pecuniary interests on taking office (1) A member or co-opted member of a relevant authority must, before the end of 28 days beginning with the day on which the person becomes a member or co-opted member of the authority, notify the authority’s monitoring officer of any disclosable pecuniary interests which the person has at the time when the notification is given. (2) Where a person becomes a member or co-opted member of a relevant authority as a result of re-election or re-appointment, subsection (1) applies only as regards disclosable pecuniary interests not entered in the authority’s register when the notification is given. (3) For the purposes of this Chapter, a pecuniary interest is a ““disclosable pecuniary interest”” in relation to a person (““M””) if it is of a description specified in regulations made by the Secretary of State and either— (a) it is an interest of M’s, or (b) it is an interest of— (i) M’s spouse or civil partner, (ii) a person with whom M is living as husband and wife, or (iii) a person with whom M is living as if they were civil partners, and M is aware that that other person has the interest. (4) Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (1), the authority’s monitoring officer is to cause the interests notified to be entered in the authority’s register (whether or not they are disclosable pecuniary interests).”” 182: After Clause 18, insert the following new Clause— ““Pecuniary interests in matters considered at meetings or by a single member (1) Subsections (2) to (4) apply if a member or co-opted member of a relevant authority— (a) is present at a meeting of the authority or of any committee, sub-committee, joint committee or joint sub-committee of the authority, (b) has a disclosable pecuniary interest in any matter to be considered, or being considered, at the meeting, and (c) is aware that the condition in paragraph (b) is met. (2) If the interest is not entered in the authority’s register, the member or co-opted member must disclose the interest to the meeting, but this is subject to section (Sensitive interests)(3). (3) If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member or co-opted member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date of the disclosure. (4) The member or co-opted member may not— (a) participate, or participate further, in any discussion of the matter at the meeting, or (b) participate in any vote, or further vote, taken on the matter at the meeting, but this is subject to section (Dispensations from section (Pecuniary interests in matters considered at meetings or by a single member)(4)). (5) In the case of a relevant authority to which Part 1A of the Local Government Act 2000 applies and which is operating executive arrangements, the reference in subsection (1)(a) to a committee of the authority includes a reference to the authority’s executive and a reference to a committee of the executive. (6) Subsections (7) and (8) apply if— (a) a function of a relevant authority may be discharged by a member of the authority acting alone, (b) the member has a disclosable pecuniary interest in any matter to be dealt with, or being dealt with, by the member in the course of discharging that function, and (c) the member is aware that the condition in paragraph (b) is met. (7) If the interest is not entered in the authority’s register and is not the subject of a pending notification, the member must notify the authority’s monitoring officer of the interest before the end of 28 days beginning with the date when the member becomes aware that the condition in subsection (6)(b) is met in relation to the matter. (8) The member must not take any steps, or any further steps, in relation to the matter (except for the purpose of enabling the matter to be dealt with otherwise than by the member). (9) Where a member or co-opted member of a relevant authority gives a notification for the purposes of subsection (3) or (7), the authority’s monitoring officer is to cause the interest notified to be entered in the authority’s register (whether or not it is a disclosable pecuniary interest). (10) Standing orders of a relevant authority may provide for the exclusion of a member or co-opted member of the authority from a meeting while any discussion or vote takes place in which, as a result of the operation of subsection (4), the member or co-opted member may not participate. (11) For the purpose of this section, an interest is ““subject to a pending notification”” if— (a) under this section or section (Disclosure of pecuniary interests on taking office), the interest has been notified to a relevant authority’s monitoring officer, but (b) has not been entered in the authority’s register in consequence of that notification.”” 183: After Clause 18, insert the following new Clause— ““Sensitive interests (1) Subsections (2) and (3) apply where— (a) a member or co-opted member of a relevant authority has an interest (whether or not a disclosable pecuniary interest), and (b) the nature of the interest is such that the member or co-opted member, and the authority’s monitoring officer, consider that disclosure of the details of the interest could lead to the member or co-opted member, or a person connected with the member or co-opted member, being subject to violence or intimidation. (2) If the interest is entered in the authority’s register, copies of the register that are made available for inspection, and any published version of the register, must not include details of the interest (but may state that the member or co-opted member has an interest the details of which are withheld under this subsection). (3) If section (Pecuniary interests in matters considered at meetings or by a single member)(2) applies in relation to the interest, that provision is to be read as requiring the member or co-opted member to disclose not the interest but merely the fact that the member or co-opted member has a disclosable pecuniary interest in the matter concerned.”” 184: After Clause 18, insert the following new Clause— ““Dispensations from section (Pecuniary interests in matters considered at meetings or by a single member)(4) (1) A relevant authority may, on a written request made to the proper officer of the authority by a member or co-opted member of the authority, grant a dispensation relieving the member or co-opted member from either or both of the restrictions in section (Pecuniary interests in matters considered at meetings or by a single member)(4) in cases described in the dispensation. (2) A relevant authority may grant a dispensation under this section only if, after having had regard to all relevant circumstances, the authority— (a) considers that without the dispensation the number of persons prohibited by section (Pecuniary interests in matters considered at meetings or by a single member)(4) from participating in any particular business would be so great a proportion of the body transacting the business as to impede the transaction of the business, (b) considers that without the dispensation the representation of different political groups on the body transacting any particular business would be so upset as to alter the likely outcome of any vote relating to the business, (c) considers that granting the dispensation is in the interests of persons living in the authority’s area, (d) if it is an authority to which Part 1A of the Local Government Act 2000 applies and is operating executive arrangements, considers that without the dispensation each member of the authority’s executive would be prohibited by section (Pecuniary interests in matters considered at meetings or by a single member)(4) from participating in any particular business to be transacted by the authority’s executive, or (e) considers that it is otherwise appropriate to grant a dispensation. (3) A dispensation under this section must specify the period for which it has effect, and the period specified may not exceed four years. (4) Section (Pecuniary interests in matters considered at meetings or by single member)(4) does not apply in relation to anything done for the purpose of deciding whether to grant a dispensation under this section.”” Amendments 181 to 184 agreed. Clause 19 : Offence of breaching regulations under section 18 Amendments 185 to 187 Clause 19 : Offence of breaching regulations under section 18 Amendments 185 to 187 Moved by