Broadcasting Act 2009

21.

Disclosure by members of Authority and statutory committee of certain interests.

21.— (1) A member of the Authority or a statutory committee who has—

( a) any interest in any body or concern with which the Authority has made a contract or proposes to make a contract, or

( b) any interest in any contract which the Authority has made or proposes to make,

shall disclose to the Authority or the committee the fact of such interest and the nature of it and shall not be present at any deliberation or decision of the Authority or the committee relating to the contract.

(2) Where at a meeting of the Authority or a statutory committee, any of the following matters arise, namely—

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

( b) a contract or other agreement with the Authority or a proposed such contract or other agreement,

then, any member of the Authority or a statutory committee present at the meeting who otherwise than in his or her capacity as such a member has an interest in the matter shall—

(i) at the meeting disclose to the Authority or the committee the fact of such interest and the nature of it,

(ii) neither influence nor seek to influence a decision to be made in relation to the matter,

(iii) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed,

(iv) take no part in any deliberation of the Authority or the committee relating to the matter, and

(v) not vote on a decision relating to the matter.

(3) Where an interest is disclosed under 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 considered or discussed by the meeting, the member by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where at a meeting of the Authority or a statutory committee a question arises as to whether or not a course of conduct, if pursued by a member of the Authority, or a statutory committee of the Authority, would constitute a failure by him or her to comply with the requirements of subsections (1) or (2), the question may be determined by the Authority or the committee, whose decision shall be final, and where such a question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(5) For the purposes of this section and section 22 a person shall not be regarded as having an interest in any matter by reason only of an interest of that person, or of any company in which he or she has an interest, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question relating to the matter, or in performing any function in relation to that matter.