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Disclosure of certain interests.
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39.—(1) Where a matter is to be decided by the Board at a meeting, any member of the Board present at the meeting who has an interest in the matter, otherwise than as a member, shall—
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(a) at the meeting, in advance of any consideration of the matter, disclose to the Board the fact of the interest and the nature of the interest,
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(b) neither influence nor seek to influence a decision relating to the matter,
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(c) absent himself or herself from any meeting or that part of the meeting during which the matter is discussed,
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(d) take no part in any deliberation of the Board relating to the matter, and
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(e) not vote on a decision relating to the matter.
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(2) Where a member discloses an interest in a matter under this section—
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(a) the disclosure shall be recorded in the minutes of the meeting, and
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(b) for so long as the matter is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting unless the Board otherwise determines.
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(3) Where, at a meeting of the Board, a question arises as to whether or not a course of conduct, if pursued by a member of the Board, would be a failure by him or her to comply with the requirements of subsection (1)—
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(a) the question may be determined by the chairperson of the Board, whose decision shall be final, and
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(b) if the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting concerned.
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(4) If the Minister is satisfied that a member of the Board has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office.
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(5) A person who is removed from office under subsection (4) is disqualified for membership of the Board.
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