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Localism Act 2011

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This is the original version (as it was originally enacted).

31Pecuniary interests in matters considered at meetings or by a single member

This section has no associated Explanatory Notes

(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 32(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 33.

(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 30, 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.

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