(1) This section applies to a member of a school council (the
"interested member" ) if—
(a) the interested member has a direct or indirect
financial interest in an issue being considered, or about to be considered, by
the council; and
(b) the interest could conflict with the proper performance
of the interested member’s duties when considering the issue.
(2) As soon
as practicable after the relevant facts come to the interested member’s
knowledge, the interested member must disclose the nature of the interest to a
meeting of the council.
(3) Unless the council otherwise directs, the
interested member must not—
(a) be present when the council considers the
issue; or
(b) take part in a decision of the council about the issue.
(4)
The interested member must not be present when the council 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 council 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 council 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 for the
council if the member were present;
the remaining members present are a quorum
for the council 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 council’s minutes.
