Application of this Part
s 22
Open ↗22. This Part applies to and in relation to every Group 1, every Group 2 and every Group 3 public body.
Source
Public Sector (Governance) Act 2018 PART 4 — GOVERNANCE
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Division 1 — Disclosure of conflict of interests
Interpretation of “relevant matter”, “associate”, etc.
s 23
Open ↗23.—(1) In this Division, “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, “public body” includes the governing body of a public body where the constitutional Act of the public body provides for such a governing body.
Obligation to disclose interest
s 24
Open ↗24.—(1) A member of a public body who is interested in a relevant matter relating to the public body must disclose details of the interest in accordance with section 25 as soon as practicable after the member becomes aware that he or she is interested. (2) A general notice of an interest —(a) in a relevant matter relating to the public body; or (b) in a relevant matter that may in future relate to the public body, that is disclosed in accordance with section 25 is a standing disclosure of that interest for the purposes of this section. (3) However, a standing disclosure ceases to have effect if the nature of the interest materially alters or the extent of the interest materially increases. (4) To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a public body from having any interest in arrangements, agreements or contracts of the public body or from holding offices or possessing interests in conflict with his or her duties as such a member.
To whom and what to disclose
s 25
Open ↗25.—(1) A member of a public body who is interested in a relevant matter relating to the public body must disclose details of the interest —(a) in the case of the chairperson —(i) to the chief executive and all other members of the public body; and (ii) to the responsible Minister for the public body; or (b) in the case of any other member —(i) to the chairperson of the public body; (ii) if there is no chairperson or the chairperson is interested, to a deputy chairperson of the public body; or (iii) if there is neither a chairperson nor deputy chairperson or if the chairperson and every deputy chairperson are interested, to the responsible Minister for the public body. (2) The details that must be disclosed under this section are —(a) the nature of the interest and the monetary value of the interest (if the monetary value can be quantified); or (b) the nature and extent of the interest (if the monetary value cannot be quantified). (3) The chief executive of a public body must ensure that every disclosure under this section —(a) is recorded in a register of interests kept by the public body; and (b) is brought to the attention of the member presiding at a meeting of the public body that relates to the relevant matter.
Consequences of being interested in relevant matter
s 26
Open ↗26. A member of a public body who is interested in a relevant matter relating to the public body —(a) must not vote or take part in any discussion or decision of the public body or any committee relating to the matter, or otherwise participate in any activity of the public body that relates to the matter; (b) must withdraw from any meeting of the public body or committee during the consideration or discussion relating to the matter if the member presiding at the meeting so requests; (c) must not sign any document relating to the entry into a transaction or the initiation of the matter; and (d) must be disregarded for the purpose of forming a quorum for that part of a meeting of the public body or a committee during which a discussion or decision relating to the matter occurs or is made.
Consequences of failure to disclose interest
s 27
Open ↗27.—(1) A public body must notify its responsible Minister of a failure to comply with section 25 or 26, and of the matters affected, as soon as practicable after becoming aware of the failure. (2) However, the exercise of any power or performance of any function of a public body by the public body is not affected merely because at the relevant time —(a) a member failed to disclose his or her interest in a relevant matter (within the meaning of this Division); or (b) the public body failed to give notice under this section.
Application to committees of public bodies
s 28
Open ↗28.—(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.
Division 2 — Decision-making by public bodies
Procedure generally
s 29
Open ↗29. The members of a public body must regulate their own procedure in accordance with —(a) this Act; and (b) any other specific requirements prescribed by any other Act not inconsistent with this Act.
Method of holding meetings
s 30
Open ↗30.—(1) A meeting of the public body may be held —(a) by a quorum of the members, being assembled together at the time and place appointed for the meeting; or (b) by means of audio, audio and visual, or electronic communication, provided that —(i) the public body resolves that the meeting, or that all its meetings, may be held by such means; (ii) all of the members who wish to participate at the meeting have access to the technology needed to participate in the meeting; and (iii) a quorum of members can simultaneously communicate with each other throughout the meeting. (2) For the purposes of this Part, a member of a public body participating in a meeting as permitted under subsection (1)(b)(i) is taken to be present at the meeting of the public body.
Decision-making without meeting
s 31
Open ↗31.—(1) If —(a) a public body resolves that this section applies to any particular matter or all its matters; (b) all of the members of the public body for the time being are sent (whether by post, delivery or electronic communication) a document setting out a resolution about the matter or matters; and (c) a majority of those members who are entitled to vote on the matter sign or approve in writing a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to be passed at a meeting of the public body as if it were held on the day that the last member required for the majority signs or approves the document. (2) The resolution may consist of several documents each containing the same wording of the resolution and statement in favour, and each signed in writing by one or more members of a public body. (3) For the purpose of the approval of a resolution under this section, the chairperson and each member of the public body have the same voting rights as they have as prescribed in or under its constitutional Act at a meeting of the public body. (4) A resolution approved under this section must be recorded in the minutes of the meetings of the public body after the resolution is approved.
Delegation of functions
s 32
Open ↗32.—(1) Where a public body is permitted by its constitutional Act or other written law to delegate the performance of any of the public body’s functions (whether under this Act or other written law), unless in such Act it is otherwise expressly provided, the power to delegate does not extend to that power to delegate. (2) A delegation of functions of a public body under this section —(a) does not affect or prevent the performance of any function by the public body; and (b) is not affected by any change in the membership of the public body or of any committee, or by any change in the chief executive or employee of the public body.
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