Airports Act 1986

18 Disabilities of directors of public airport companies. E+W+S

(1) A director of a public airport company who is paid for acting as such, or who is an employee of the company or of a subsidiary of the company, shall be disqualified for being elected, or being, a member—

(a) where the company’s controlling authority is a single principal council, of that council; or

(b) where the company’s controlling authority are a composite authority, of any of the councils who are the constituent councils of that authority.

(2) Where a director of a public airport company is a member of any such council as is mentioned in subsection (1)(a) or (b) he shall not at any meeting of the council—

(a) take part in the consideration or discussion of any contract or proposed contract between the company or a subsidiary of the company and the council; or

(b) vote on any question with respect to any contract or proposed contract between the company or a subsidiary of the company and—

(i) the council, or

(ii) (if they are a constituent council), any of the constituent councils,

or with respect to any other matter relating to the activities of the company or such a subsidiary.

[F1 (2A) Where a director of a public airport company is a member of the executive of any such council as is mentioned in subsection (1)(a) or (b) above which are operating executive arrangements under Part II of the Local Government Act 2000, he shall not, in the course of the discharge of any function that is the responsibility of that executive, take any action in the consideration, or the making of any decision with respect to—

(a) any contract or proposed contract between the company or a subsidiary of the company and the council; or

(b) any matter relating to the activities of the company or such a subsidiary.]

(3) Any person who contravenes paragraph (a) or (b) of subsection (2) [F2 or any person who contravenes subsection (2A)] shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale, unless he proves that he did not know that the matter in relation to which the contravention occurred was such a contract or proposed contract as is mentioned in that paragraph or (as the case may be) was a matter otherwise relating to the activities of the company or subsidiary concerned.

(4) A prosecution for an offence under this section shall not, in England and Wales, be instituted except by or on behalf of the Director of Public Prosecutions.

(5) A principal council who are the controlling authority of a public airport company or one of the constituent councils of such an authority may by standing orders provide for the exclusion of a member of the council who is a director of the company from a meeting of the council while there is under consideration by the council—

(a) any contract or proposed contract between the company or a subsidiary of the company and the council, or

(b) any other matter relating to the activities of the company or such a subsidiary.

(6) Subsections (2) and (5) above shall apply in relation to members of—

(a) a committee of any principal council who are the controlling authority of a public airport company or one of the constituent councils of such an authority, or

(b) a joint committee of two or more local authorities one or more of whom are such a council,

(including, in either case, a sub-committee) as they apply in relation to members of any such council, but with the substitution of references to meetings of any such committee for references to meetings of the council.

(7) This section shall apply in relation to a director of a subsidiary of a public airport company as it applies in relation to a director of such a company.

Textual Amendments

F1 S. 18(2A) inserted (E.W.) (11.7.2001 for E., 21.3.2002 for W.) by S.I. 2001/2237, arts. 2, 16(a) and S.I. 2002/808, arts. 2, 15(a)

F2 Words in s. 18(3) inserted (E.W.) (11.7.2001 for E., 21.3.2002 for W.) by S.I. 2001/2237, arts. 2, 16(b) and S.I. 2002/808, arts. 2, 15(b)