OpenLegislation

Paragraph 9 Members not to hold interests in matters relating to the institutionI1

England and Wales

(1)

A member to whom paragraph (2) applies shall—

(a)

disclose to the Corporation the nature and extent of the interest; and

(b)

if present at a meeting of the Corporation, or of any of its committees, at which such supply, contract or other matter as is mentioned in paragraph (2) is to be considered, not take part in the consideration or vote on any question with respect to it and not be counted in the quorum present at the meeting in relation to a resolution on which that member is not entitled to vote; and

(c)

withdraw, if present at a meeting of the Corporation, or any of its committees, at which such supply, contract or other matter as is mentioned in paragraph (2) is to be considered, where required to do so by a majority of the members of the Corporation or committee present at the meeting.

(2)

This paragraph applies to a member who—

(a)

has any financial interest in—

(i)

the supply of services or work to the institution or a subsidiary company of the Corporation, or the supply of goods for the purposes of the institution or a subsidiary company of the Corporation; or

(ii)

any contract or proposed contract concerning the institution or a subsidiary company of the Corporation; or

(iii)

any other matter relating to the institution or a subsidiary company of the Corporation; or

(b)

has any other interest of a type specified by the Corporation in any matter relating to the institution or a subsidiary company of the Corporation.

(3)

This clause shall not prevent the members considering and voting upon proposals for the Corporation to insure them against liabilities incurred by them arising out of their office or the Corporation obtaining such insurance and paying the premium.

(4)

Where the matter under consideration by the Corporation or any of its committees relates to the pay and conditions of all staff of the institution, or all staff in a particular class, a staff member need not disclose a financial interest, and—

(a)

may take part in the consideration of the matter, vote on any question with respect to it and count towards the quorum present at that meeting, provided that in so doing, the staff member acts in the best interests of the Corporation as a whole and does not seek to represent the interests of any other person or body; but

(b)

shall withdraw from the meeting if the matter is under negotiation with staff and the staff member is representing any of the staff concerned in those negotiations.

(5)

The Clerk shall maintain a register of the interests of the members which have been disclosed and the register shall be made available during normal office hours at the institution to any person wishing to inspect it.

(6)

No member shall without the consent of the Charity Commission be paid for acting as a member except where—

(a)

any members are paid reasonable expenses for attendance at meetings of the Corporation or any of its committees; or

(b)

any members are beneficiaries of the institution; or

(c)

the payment is of reasonable and proper remuneration to any member for any services rendered to the institution; or

(d)

the payment is of interest on money lent by any member to the institution at a reasonable and proper rate per annum not exceeding two per cent less than the published base lending rate of a clearing bank to be selected by the Corporation or a rate of 3% (three per cent) whichever is the greater; or

(e)

the payment is of reasonable and proper rent for premises demised or let by any member to the institution; or

(f)

the payment is of fees, remuneration or other benefit in money or money’s worth to any company or other legal entity or business of which a member may also be a member holding not more than 1% (one per cent) of the capital of that company or other legal entity or business; or

(g)

the payment is to a member for the supply of services, or of goods that are supplied in connection with the provision of services, to the institution where that is permitted in accordance with, and subject to the conditions in, sections 185 and 186 of the Charities Act 2011f1; or

(h)

the payment is of reasonable and proper remuneration for the service of acting as a Chair of the Corporation subject to compliance with charities law; or

(i)

the payment is of a premium for insurance designed to indemnify a member in accordance with the terms of, and subject to the conditions in, section 189 of the Charities Act 2011.

Annotations

Commencement

I1

Sch. 1 para. 9 in force at 31.8.2014, see reg. 1

Footnotes

f1

2011 c.25.