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Disclosure of interests.
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17.—(1) Where the Chairperson or other member of the Board, the secretary of the Board, or a consultant, adviser or investigator engaged by the Board, has a pecuniary or other beneficial interest in, or material to, any vessel or the cargo of a vessel involved in a marine casualty, or to any other matter to be considered by the Board, he or she shall disclose to the Board the nature of the interest in advance of any consideration by the Board as to whether the marine casualty should be investigated, or any other matter relating to the marine casualty, and—
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(a) neither influence nor seek to influence a decision in relation to the investigation or matter,
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(b) take no part in any consideration of the investigation or matter, and
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(c) withdraw from the meeting of the Board for so long as the investigation is being considered or matter discussed by the Board and, in the case of the Chairperson or other member of the Board, shall not be counted towards a quorum at the meeting during that time.
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(2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—
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(a) the person or a member of the person's household, or a nominee of the person or of a member of his or her household, is a member of a company or other body which has a beneficial interest in, or material to, a matter referred to in that subsection,
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(b) the person or a member of the person's household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,
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(c) the person or a member of the person's household is a party to an arrangement or agreement (whether or not enforceable) concerning a vessel or the cargo of a vessel to which such a matter relates, or
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(d) a member of the person's household has a beneficial interest in, or material to, such a matter.
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(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, a matter by reason only of an interest of the person or of a company or other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing a question in respect of a matter arising or coming before the Board or in performing a function in relation to such a matter.
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(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by the person to comply with the requirements of subsection (1), the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.
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(5) Where a disclosure is made to the Board pursuant to subsection (1), particulars of the disclosure shall be recorded by the Board.
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(6) A person who fails to comply with subsection (1) or, when purporting to comply with that subsection, gives particulars which are false or which, to his or her knowledge, are misleading in a material respect, shall be guilty of an offence.
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