sec.97Disclosure of interests

sec.97 Disclosure of interests

This section applies to a board member if— the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the issue. As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. Unless the board otherwise directs, the member must not— be present when the board considers the issue; or take part in a decision of the board about the issue. The member must not be present when the board is considering whether to give a direction under subsection (3) . If there is another member who must, under subsection (2) , also disclose an interest in the issue, the other member must not— be present when the board is considering whether to give a direction under subsection (3) ; or take part in making the decision about giving the direction. If— because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. A disclosure under subsection (2) must be recorded in the board’s minutes. If the member is an architect, the member does not have a direct or indirect interest in an issue if the interest arises merely because the member is an architect. (sec.97-ssec.1) This section applies to a board member if— the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the issue. (sec.97-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. (sec.97-ssec.3) Unless the board otherwise directs, the member must not— be present when the board considers the issue; or take part in a decision of the board about the issue. (sec.97-ssec.4) The member must not be present when the board is considering whether to give a direction under subsection (3) . (sec.97-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the issue, the other member must not— be present when the board is considering whether to give a direction under subsection (3) ; or take part in making the decision about giving the direction. (sec.97-ssec.6) If— because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (sec.97-ssec.7) A disclosure under subsection (2) must be recorded in the board’s minutes. (sec.97-ssec.8) If the member is an architect, the member does not have a direct or indirect interest in an issue if the interest arises merely because the member is an architect.