18GEffect of pecuniary interests

18G Effect of pecuniary interests

(1) A member of the board of an Authority who has a pecuniary interest in any matter in which the Authority is concerned must—

(a) if the member is present at a meeting of the board or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or

(b) if the member is aware that the matter is to be considered at a meeting of the board or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson, or if the chairperson has the interest, the deputy chairperson, before the meeting is held.

(2) If a member of the board of an Authority has disclosed an interest to the chairperson or the deputy chairperson, as the case may be, under subsection (1)(b), the chairperson or the deputy chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter.

(3) The member—

(a) may stay in the meeting during any consideration of the matter; and

(b) may take part in the discussion; and

(c) must not move or second a motion on a question relating to the matter; and

(d) must leave the meeting while any vote is taken on a question relating to the matter; and

(e) may, when notified that the vote has been declared by the chairperson, or the deputy chairperson if it is the chairperson who has the interest, return to the meeting.

(4) If a member discloses an interest under subsection (1), a statement showing—

(a) that the disclosure was made; and

(b) the nature of the matter and the nature of the disclosed interest; and

(c) whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and

(d) whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left—

must—

(e) in the case of a disclosure made at or before a meeting of the board, be included in the minutes of the meeting; and

(f) in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board.

(5) A person must comply with subsection (1) or (3).

(6) It is a defence to a charge under subsection (5) for the person charged to prove that the person did not know—

(a) that he or she had a pecuniary interest in the matter; or

(b) that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting.