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ARCHITECTS ACT 2002 - SECT 97
Disclosure of interests
97 Disclosure of interests
(1) This section applies to a board member if— (a) the member has a direct
or indirect interest in an issue being considered, or about to be considered,
by the board; and
(b) the interest could conflict with the proper performance
of the member’s duties about the consideration of the issue.
(2) 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 meeting of the board.
(3) Unless the board otherwise directs, the member must not— (a) be present
when the board considers the issue; or
(b) take part in a decision of the
board about the issue.
(4) The member must not be present when the board is
considering whether to give a direction under subsection (3) .
(5) If there
is another member who must, under subsection (2) , also disclose an interest
in the issue, the other member must not— (a) be present when the board is
considering whether to give a direction under subsection (3) ; or
(b) take
part in making the decision about giving the direction.
(6) If— (a) 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
(b) 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.
(7) A disclosure under subsection (2)
must be recorded in the board’s minutes.
(8) If the member is an architect,
the member does not have a direct or indirect interest in an issue if the
interest arises merely because the member is an architect.
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