Local Government Act (Northern Ireland) 1972

30 Relatives of councillors. N.I.

F1 (1) Every councillor shall disclose to the council in writing any relevant family relationship known to him to exist between himself and any person who he knows either holds, or is a candidate for appointment to, any office under the council.

(2) All disclosures made under subsection (1) shall as soon as practicable be brought by the clerk of the council to the notice of the council and—

(a) it shall be the duty of the council to record in its minutes particulars of the disclosure; and

(b) if the councillor required to make the disclosure is present at any meeting of the council at which any question relating to or affecting the appointment, remuneration, tenure or conditions of service, promotion, status, conduct, dismissal, suspension, retirement or superannuation of the person to whom he stands in a relevant family relationship is under consideration, he shall withdraw from that meeting while that question is being considered and his withdrawal shall be duly recorded in the minutes of the proceedings of that meeting.

(3) Subsections (4), (7) and (8) of section 28 shall have effect for the purposes of this section as they have effect for the purposes of that section.

(4) Any councillor who acts in contravention of subsection (1) or subsection (2)( b) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F2 level 3 on the standard scale].

(5) It shall be a defence for a councillor charged with an offence under subsection (2)( b) to prove that—

(a) he did not know and had no reason to believe that a question relating to or affecting a person to whom he stood in a relevant family relationship was being considered at the meeting referred to in that subsection; or

(b) the person to whom he stood in a relevant family relationship was only one of a class or category of persons similarly affected or likely to be similarly affected by a decision taken by the council with respect to the matter referred to in that subsection.

(6) For the purposes of this section, a relevant family relationship shall be deemed to exist between a councillor and an officer or candidate if they are husband and wife[F3 or civil partners] or if the officer or candidate, or the husband or wife[F3 or civil partner] of the officer or candidate, is the—

(a) parent;

(b) grandparent;

(c) grandson or granddaughter;

(d) son or daughter;

(e) brother or sister;

(f) uncle or aunt; or

(g) nephew or niece;

of the councillor or of the husband or wife[F3 or civil partner] of the councillor.

F1 1965 c.13 (NI), 1970 c.9 (NI), 1972 NI 14, 1981 NI 3

F2 1984 NI 3

F3 2004 c.33

Modifications etc. (not altering text)

C1 S. 30 applied (with modifications) (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 7(2), 34(3), Sch. 1 para. 11(1) (with Sch. 1 para. 11(2)); S.R. 2009/114, art. 2

C2 S. 30 applied (with modifications) (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 7(2), 34(3), Sch. 2 para. 11(1) (with Sch. 2 para. 11(2)); S.R. 2009/114, art. 2

C3 Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C4 Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)