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Town Council staff, etc., to disclose conflict of interest

Town Councils Act 1988

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—(1) This section applies —(a)to the secretary to a Town Council;(b)to an employee, a staff or the managing agent of a Town Council who has been delegated a power, function or duty of the Town Council under this Act; and(c)to a member of a committee of a Town Council who has been delegated a power, function or duty of the Town Council under this Act.(2) As soon as practicable after a person mentioned in subsection (1)(a), (b) or (c) becomes aware of a conflict of interest that has arisen or is about to arise in a matter in which the person is conferred a power, function or duty relating to the Town Council by or under this Act, the person —(a)must not exercise or further exercise that power, or perform or further perform that function or duty, without the approval of the Town Council; and(b)must disclose the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict as follows:(i)in the case of the secretary to or a member of a committee of a Town Council, or the managing agent of the Town Council — disclose to the chairperson of the Town Council in writing as soon as the secretary, member of a committee or managing agent (as the case may be) becomes aware of the conflict of interest, and to the Town Council not later than at the next meeting of the Town Council;(ii)in the case of an employee or a staff of a Town Council — disclose to the secretary to the Town Council in writing as soon as the employee or staff becomes aware of the conflict of interest.(3) A person mentioned in subsection (1) has a conflict of interest in a matter in which the person is conferred a power, function or duty relating to the Town Council if the person, or an associate of the person, has a personal or financial interest in how the power, function or duty is to be exercised or performed in relation to that matter.(4) This section is in addition to, and not in derogation of, the operation of any rule of law restricting a person mentioned in subsection (1) from having any interest in contracts with a Town Council or from holding offices or possessing interests in conflict with his or her powers, functions or duties as such a secretary to, or an employee or a staff or a managing agent of, a Town Council or a member of a committee of a Town Council.[15A

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