Cap. 409 Art. 17Disclosure of interest in contract.

(1) Any member of the Authority or of any committee, commission or other body established by this Act who is in any way, directly or indirectly interested in any particular matter considered or to be considered by the Authority or by such other body shall declare the nature of his interest either at the meeting at which the matter is first considered or, if he was not at the date of that meeting so interested in the matter, at the next meeting after he shall have become so interested.

(2) Without prejudice to the provisions of subarticle (1), where at a meeting of the Authority or by such other body any of the following matters arises, namely -

(a) an arrangement to which the Authority is a party or a proposed such arrangement, or

(b) a contract or other agreement with the Authority or a proposed such contract or other agreement, or

(c) the assessment of any application for the issue or renewal of a licence or other authorisation and any decision relating thereto, or

(d) any decision of the Authority taken after reviewing the methods of operation of a licensee, or (e) any other particular matter in which any member of the Authority or such other body is in any way, directly or indirectly interested, then, any member of the Authority present at the meeting who otherwise than in his or her capacity as such a member has a material interest in the matter, shall -

(i) at the meeting, disclose to the Authority the fact of such interest and the nature thereof,

(ii) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

(iii) take no part in any deliberation of the Authority relating to the matter, and relates is being dealt with by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) A member of the Authority who, otherwise than in his or her capacity as such a member has a material interest in -

(a) an arrangement or proposed arrangement to which subarticle (2)(a) applies; or

(b) a contract or other agreement or a proposed contract or other agreement to which subarticle (2)(b) applies; or

(c) the assessment of any application for the issue or renewal of a licence or other authorisation and any decision relating thereto; or

(d) any decision of the Authority taken after reviewing the methods of operation of a licensee; or

(e) any other particular matter in which any member of the Authority or by such other body is in any way, directly or indirectly, interested, shall neither influence nor seek to influence any decision to be made by the Authority in relation thereto.

(5) Where at a meeting of the Authority a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, would constitute a failure by him or her to comply with the requirements of subarticles (2) and (3), the question may, subject to subarticle (6), be determined by the chairperson of the meeting, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(6) Where at a meeting of the Authority, the chairperson of the meeting is the member in respect of whom a question to which subarticle (5) applies falls to be determined, then the other members of the Authority attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(7) Where the Minister is satisfied that a member of the Authority has acted contrary to any of the provisions of this article, the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant to this subarticle, he or she shall thenceforth be disqualified for membership of the Authority.

(8) The term ‘material interest’ in this article shall include, but not be limited to, being in the same type of business as the applicant, or licensee, as the case may be.