643Medicines advisory committee—disclosure of interests

643 Medicines advisory committee—disclosure of interests by members (1) If a medicines advisory committee member has a material interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a committee meeting as soon as possible after the relevant facts have come to the member’s knowledge. (2) The disclosure must be recorded in the medicines advisory committee’s minutes and, unless the committee otherwise decides, the member must not— (a) be present when the medicines advisory committee considers the issue; or (b) take part in a decision of the committee on the issue. David, Emile and Fiona are members of the medicines advisory committee. They have an interest in an issue being considered at a committee meeting and they disclose the interest as soon as they become aware of it. David’s and Emile’s interests are minor but Fiona has a direct financial interest in the issue. The medicines advisory committee considers the disclosures and decides that because of the nature of the interests: • David may be present when the committee considers the issue but not take part in the decision

• Emile may be present for the consideration and take part in the decision. The medicines advisory committee does not make a decision allowing Fiona to be present or take part in the committee’s decision. Accordingly, Fiona cannot be present for the consideration of the issue or take part in the decision. (3) Any other medicines advisory committee member who also has a material interest in the issue must not be present when the committee is considering its decision under subsection (2). (4) In deciding under subsection (2) whether a member may be present when the medicines advisory committee decides the issue or take part in a decision of the committee on the issue, and despite section 640 (Medicines advisory committee—quorum), the committee may consist of the members who do not have a material interest in the issue. if 6 members are present at the meeting and 2 members disclose a material interest, the other 4 members may decide whether the members who made the disclosure can take part in a decision by the committee associate, of a person, means— (a) the person’s business partner; or (b) a close friend of the person; or (c) a family member of the person. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management (whether or not the person is a director of the corporation). indirect interest—without limiting the kind of indirect interest a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue: (a) an associate of the person;

(b) a corporation with not more than 100 members that the person, or an associate of the person, is a member of; (c) a subsidiary of a corporation mentioned in paragraph (b); (d) a corporation that the person, or an associate of the person, is an executive officer of; (e) the trustee of a trust that the person, or an associate of the person, is a beneficiary of; (f) a member of a firm or partnership that the person, or an associate of the person, is a member of; (g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business. material interest—a medicines advisory committee member has a material interest in an issue if the member has— (a) a direct or indirect financial interest in the issue; or (b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the committee’s consideration of the issue.