URBAN COUNCILS ACT Chapter 29:15 he has a pecuniary interest, disclose his interest and shall withdraw from that meeting while that item is under consideration and shall not vote at that or any other meeting on any question relating to that contract or other matter: Provided that this subsection shall not apply in relation to— (a) an interest in a contract or other matter which a councillor or other member of a committee may have as an inhabitant of the council area or as an ordinary consumer of electricity or water; or (b) an interest in a matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered by the council to members of the public; or (c) any case where the disability has been removed in terms of subsection (4) and any conditions imposed in terms of that section are compiled with. (2) For the purposes of subsection (1), a person shall be regarded as having an indirect pecuniary interest in a contract or any other matter if— (a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in such other matter; or (b) he is a partner or is in the employment of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in such other matter: Provided that— (i) this subsection shall not apply to membership of or employment by a statutory body or commission; (ii) a member of a company or other body shall not, by reason only of his membership, be regarded as having a pecuniary interest in any contract or other matter if he has no beneficial interest in any shares or stock issued by that company or other body. (3) In the case of married persons living together, an interest of one spouse shall, if known to the other, be deemed, for the purposes of this section, to be also an interest of that other spouse. (4) The Minister may, subject to such conditions as he may think fit to impose, remove any disability imposed by subsection (1) in any case in which— (a) the number of councillors or members of the committee so disabled at any one time would be so great a proportion of the total membership of the council or committee as to impede the transaction of business by the council or the committee; or (b) it appears to the Minister that it is in the interests of the inhabitants of the council area that the disability should be removed. (5) Any councillor who knowingly contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act 22/2001.] (6) A councillor shall not be prosecuted for an offence under subsection (1) without the authority of the Attorney-General. 108 Mayor and councillors may not provide professional services for or against council (1) Subject to this section, no mayor or councillor shall act for reward— (a) as a legal practitioner on behalf of or against the council or on behalf on any person who has been charged with having contravened any by-laws of the council; or (b) for the council as a medical practitioner, veterinary surgeon, architect, engineer, surveyor, accountant, auditor, estate agent, auctioneer, valuer or appraiser or in any other professional capacity; and any mayor or councillor or partner, employer or employee of such mayor or employee who contravenes this subsection shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act 22/2001.] 39

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