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Commissioners to disclose certain connections and interests
9.(1) In this paragraph—
“relative”, in relation to a Commissioner, means the Commissioner’s spouse, child,
parent, brother or sister.
(2) Subject to subparagraph (4)—
(a) if a Commissioner—
(i) knowingly acquires or holds a direct or indirect pecuniary interest in any
matter that is under consideration by the Commission; or
(ii) owns any property or has a right in property or a direct or indirect pecuniary
interest in a company or association of persons which results in the
Commissioner’s private interests coming or appearing to come into conflict
with his or her functions as a Commissioner; or
(iii) knows or has reason to believe that a relative of his or hers—
A. has acquired or holds a direct or indirect pecuniary interest in any
matter that is under consideration by the Commission; or
B. owns any property or has a right in property or a direct or indirect
pecuniary interest in a company or association of persons which
results in the Commissioner’s private interests coming or appearing to
come into conflict with his functions as a Commissioner;
or
(b) if for any reason the private interests of a Commissioner come into conflict with his
or her functions as a Commissioner;
the Commissioner shall forthwith disclose the fact to the Commission.
(3) A Commissioner referred to in subparagraph (2) shall take no part in the
consideration or discussion of, or vote on, any question before the Commission which relates
to any contract, right, immovable property or interest referred to in that subparagraph.
(4) Any Commissioner who contravenes subparagraph (2) or (3) shall be guilty of an
offence and liable to a fine not exceeding level four or to imprisonment for a period not
exceeding three months or to both such fine and such imprisonment.
Validity of decisions and acts of Commission
10. No decision or act of the Commission or act done under the authority of the
Commission shall be invalid on the ground that—
(a) the Commission consisted of fewer than the minimum number of persons prescribed
in paragraph 6(6); or
(b) a disqualified person acted as a Commissioner at the time the decision was taken or
act was done or authorised:
Provided that the Commission shall ratify any such decision or action as soon as possible
after it becomes aware that the decision or action was taken in the circumstances described in
subparagraph (a) or (b).
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