Disclosure of interests
31 Disclosure of interests
This section applies to a member if—
the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and
the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.
As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.
Unless the board otherwise directs, the member must not—
be present when the board considers the issue; or
take part in a decision of the board about the issue.
The member must not be present when the board is considering whether to give a direction under subsection (3).
If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not—
be present when the board is considering whether to give a direction under subsection (3) about the member; or
take part in making the decision about giving the direction.
Subsection (7) applies if—
because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and
there would be a quorum if the member were present.
The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
A disclosure under subsection (2) must be recorded in the board’s minutes.
A member does not have a direct or indirect interest in an issue if the interest arises merely because the person is a surveyor.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.