ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
Members to disclose certain connections and interests
9.(1) In this paragraph—
“relative” , in relation to a member, means the member’s spouse, child, parent, brother or
sister.
(2) Subject to subparagraph (4)—
(a) if a member of the Board—
(i) knowingly acquires or holds a direct or indirect pecuniary interest in any matter
that is under consideration by the Board; 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 member’s
private interests coming or appearing to come into conflict with his functions as
a member; or
(iii) knows or has reason to believe that a relative of his—
A. has acquired or holds a direct or indirect pecuniary interest in any matter
that is under consideration by the Board; 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
member’s private interests coming or appearing to come into conflict
with his functions as a member;
or
(b) if for any reason the private interests of a member come into conflict with his functions
as a member;
the member shall forthwith disclose the fact to the Board.
(3) A member referred to in subparagraph (2) shall take no part in the consideration or discussion of, or vote on, any question before the Board which relates to any contract, right, immovable property or interest referred to in that subparagraph.
(4) Any person 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. 70
Validity of decisions and acts of Board
10. No decision or act of the Board or act done under the authority of the Board shall be invalid on the ground that—
(a) the Board consisted of fewer than the minimum number of persons prescribed in subsection (1) of section forty; or
(b) a disqualified person acted as a member of the Board at the time the decision was taken or act was done or authorised:
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Subparagraph amended by s. 25 of as read with Schedule to Act 5/2003.
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