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Disclosure of interests by members at meetings of Board or of committees
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21. (1) Subsection (2) applies where, at a meeting of the Board, any of the following matters arise, namely—
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(a) an arrangement to which the Agency is a party,
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(b) an arrangement to which the Agency proposes to become a party,
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(c) a contract or other agreement with the Agency, or
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(d) a proposed contract or other agreement with the Agency.
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(2) Any member of the Board present at the meeting referred to in subsection (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—
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(a) disclose to the Board at the meeting the fact of that interest and its nature,
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(b) not influence (or seek to influence) a decision to be made in relation to the matter,
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(c) absent himself or herself from the meeting, or that part of the meeting, during which the matter is being 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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(3) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Board by whom the disclosure is made shall not be counted in the quorum for the meeting.
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(4) 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 constitute a failure by him or her to comply with the requirements of subsection (2), the question may, subject to subsection (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.
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(5) Where, at a meeting of the Board, the chairperson of the meeting is the member in respect of whom a question to which subsection (4) applies falls to be determined, the other members of the Board attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.
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(6) Where the Minister is satisfied that a member of the Board has failed to comply with the requirements of subsection (2), the Minister may, if he or she considers it appropriate to do so, remove that member from office and, where a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of the Board.
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(7) This section shall apply to a member of a committee where the member is not also a member of the Board and for the purposes of that application—
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(a) a reference to a member of the Board shall be construed as a reference to a member of the committee, and
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(b) a reference to the Board shall be construed as a reference to the committee.
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