37.— (1) Where a relevant person or a connected relative of a relevant person is likely to derive a benefit from any matter to be considered by the Commission, or where a relevant person has a relevant interest in any business or organisation representative of any business, which is likely to derive a benefit from such a matter, the relevant person—

(a) shall, in advance of any consideration of the matter, disclose that fact to the Commission,

(b) shall take no part in the deliberation by the Commissioners or members of the staff of the Commission in relation to the matter,

(c) shall withdraw from a meeting at which the matter is being considered for so long as it is being so considered, and shall not be counted towards a quorum during any such consideration,

(d) shall not influence or seek to influence a decision to be made in relation to the matter, and

(e) shall not make any recommendation to the Commission in relation to the matter.

(2) Subsection (1) does not apply to a person as regards—

(a) a contract or proposed contract of employment of that person as a member of the staff of the Commission, or

(b) a contract or proposed contract for services in respect of that person, provided that person is not a Commissioner or a member of staff.

(3) Where a Commissioner fails to comply with this section, and that failure has not resulted in the Government issuing a notice under section 12(6), the Minister shall decide the appropriate action to be taken.

(4) Where a person other than a Commissioner fails to comply with this section, the Commission shall decide the appropriate action to be taken, which may include termination of the person’s contract of employment or contract for services.

(5) For the purposes of this section—

“connected relative” shall be construed in accordance with section 12(15);

“relevant interest” shall be construed in accordance with section 12(13) and (14), subject to the modifications that—

(a) references to a “provider of communications media” or “the provider” in those subsections shall be construed as references to the “business” or “organisation representative of any business” referred to in subsection (1), and

(b) references to a person shall be construed as references to the relevant person referred to in subsection (1);

“relevant person” means a Commissioner, a member of the staff of the Commission, or a consultant or adviser engaged under section 20.]