Medical Practitioners Act 2007

30.

Disclosure of interests by members of Council or committee.

30.— (1) Any member present at a meeting where a specified matter arises who, otherwise than in the member’s capacity as a member, has a material interest in that matter shall—

( a) at the meeting disclose to the Council or committee the nature of that interest,

( b) withdraw from the meeting for as long as the matter is being discussed or considered,

( c) take no part in any deliberation of the members relating to the matter, and

( d) refrain from voting on any decision relating to the matter.

(2) Where a member discloses a material interest under this section—

( a) the disclosure shall be recorded in the minutes of the meeting concerned, and

( b) for as long as the matter to which the disclosure relates is being dealt with by the meeting, the member shall not be counted in the quorum for the meeting.

(3) Where at a meeting a question arises as to whether or not a course of conduct, if pursued by a member, would be a failure by the member to comply with subsection (1)

( a) the chairperson of the meeting may, subject to subsection (4), determine the question,

( b) the chairperson’s determination is final, and

( c) the particulars of the determination shall be recorded in the minutes of the meeting.

(4) Where the chairperson of a meeting is the member in respect of whom a question referred to in subsection (3) arises, the other members present at the meeting shall choose one of their number to be the chairperson of the meeting for the purposes of that subsection.

(5) A member who, otherwise than in the member’s capacity as a member, has a material interest in a specified matter shall neither influence nor seek to influence any decision to be made by the Council or committee in relation to that matter.

(6) Where the Minister is satisfied that a member has failed to comply with subsection (1) or (5), the Minister may remove that member from office.

(7) A member removed from office under this section is not eligible for appointment under this Act.

(8) In this section—

“meeting” means a meeting of the Council or of a committee;

“member” means a member of the Council or of a committee;

“specified matter” means—

( a) an arrangement to which the Council is a party or a proposed such arrangement, or

( b) a contract or other agreement with the Council or a proposed such contract or other agreement.