Article E7 Members' interests
Subject to paragraph (2) below, any requirement in regulations made under section 19 of the 1989 Act as to the giving of notices shall apply to members of the Authority for the purposes of the application of this Order as they apply to members of a police authority appointed under paragraph 2 or 5 of Schedule 2 to the Police Act 1996f1.
A member of the Authority shall give the relevant notice not later than—
one month after the date of coming into force of this Order, or
one month after the date on which he first attends a relevant meeting, whichever is the later.
Any member of the Authority who—
without reasonable excuse fails to comply with the requirements which apply by virtue of paragraph (1) above; or
in giving a notice in compliance with any such requirement, provides information which he knows to be false or misleading in a material particular or recklessly provides information which is false or misleading in a material particular,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
Proceedings for an offence under paragraph (3) above shall not be instituted in England and Wales except by or with the consent of the Director of Public Prosecutions.
Article E3 above shall not apply in relation to any notice given in pursuance of any regulations which apply to members of the Authority by virtue of paragraph (1) above, but—
where such regulations provide that the giving of a notice in pursuance of any such regulations shall be deemed to be sufficient disclosure for the purposes of section 94 of the Local Government Act 1972f2 (disability of members of authorities for voting on account of interest in contracts etc) or for the purposes of section 38 of the Local Government (Scotland) Act 1973f3, then the giving of such a notice shall also be deemed to be sufficient disclosure for the purposes of article E1 above; and
where such regulations prescribe that the proper officer of the authority is to maintain such records of the information contained in notices given to him as may be prescribed by those regulations and is to keep those records open to inspection by the public, the proper officer of the Authority shall be under the same obligation in relation to the equivalent notices given under this Order.
The Authority shall not be entitled (whether by means of making it a condition of any appointment or by any other means whatever) to impose any obligation on its members to disclose any interest other than those that they are required to disclose by virtue of article E1 above or any regulations applicable by virtue of paragraph (1) above.
References in this article to the indirect pecuniary interests of a member of the Authority shall include references to any such interest as by virtue of any connection between that member or his spouse and any other person, would fall to be disclosed under article E1 above if the Authority were proposing to enter into a contract with that other person.
Annotations
Footnotes
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- f2
- f3