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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 31



31.(1) Where any councillor has, knowingly and for purposes of gain,

(a)failed to disclose, in contravention of any of the provisions of this Act,
his pecuniary interest, direct or indirect, in any relevant transaction; or

(b)taken part in, or influenced or sought to influence, any action of the
council with respect to a relevant transaction; or

(c)used with respect to a relevant transaction information available to him as
a councillor; or

(d)abused in any way with respect to a relevant transaction his position as a
councillor;

(2) If the Attorney-General considers that the conduct of any councillor was
reprehensible within the meaning of this section, he may institute proceedings
in the High Court for a declaration that the conduct of the councillor was
reprehensible within the meaning of this section and for such further or other
relief as may be given by the Court under this section.

(3) Where in proceedings under subsection (2) the High Court is satisfied that
the conduct of a councillor was reprehensible within the meaning of this
section, the Court may make a declaration accordingly and, subject to
subsection (4), may

(a)order that all gains of that councillor or of any other person which are in
any way (directly or indirectly) attributable to such conduct shall be held
upon trust for, and the amount or value thereof repaid to, that council;

(b)order that any relevant transaction be reopened and that the rights of any
parties thereto or persons affected thereby be altered with a view to placing
them as nearly as may be in the position they would, in the opinion of the
Court, have been in if no councillor had been guilty of reprehensible conduct
in or in relation to the affairs of that council;

(c)order that any relevant transaction shall be null and void or shall be
rescinded either in whole or in part;

(d)order the payment (whether to that council or otherwise) by that councillor
or by any other person directly or indirectly deriving gain from and having
knowledge of, the reprehensible conduct of that councillor, of such sums by
way of rectification, adjustment, compensation, restitution or restoration of
unjust gain as the Court thinks just;

(e)order the payment

(i)by that councillor; or

(ii)by any other person such as is referred to in paragraph (d); or

<(iii)by that council out of any amount received by it pursuant to any order made under this section;


(e)of sums by way of compensation for any loss or damage suffered by any
innocent person as a result of the reprehensible conduct of the councillor;
and

(f)make such further or other orders (including orders for costs or for the
payment of the remuneration of a referee or inspector appointed under
section 32) as the Court thinks proper.

(4) The High Court shall not, in proceedings under this section, make an order
under subsection (3)(a), (d), (e) or (f) for the payment of any sum or the
handing over of any property by any person not a party to those proceedings
unless and until the Court has given to such person an opportunity of being
heard (whether in person or by counsel) and has taken into consideration any
representation made to it by or on behalf of such person.

(5) In this section

"gain" includes any form of enrichment, benefit or advantage whatsoever which
may have accrued to or been acquired by or which may accrue to or be acquired
by a councillor or any other person whatsoever;

"relevant transaction" includes any contract, grant, subsidy, licence, right,
permission, use, authority, privilege, benefit, certificate, consent,
approval, decision or determination made, granted, paid, issued or given or
refused by or on behalf of any council or any person acting on behalf of any
council.

(6) A reference in this section to a person being a councillor shall include a
reference to his sitting or voting or otherwise acting as a councillor.


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© 1972 Crown Copyright

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