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School Boards (Scotland) Act 1988

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[F1 Conflict of interest]S

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Amendments (Textual)

F1Sch. 2 para. 5A and the crossheading immediately preceeding it inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(d); S.I. 1996/2250, art.2

[F25A(1)Subject to sub-paragraph (2) below, where, whether before or during any meeting of the appointment committee, any member of the appointment committee becomes aware that he or any person connected with him has (whether directly or indirectly) a material interest in or relating to any matter to be or being considered by the appointment committee, he shall declare such interest and withdraw from the meeting during such consideration and shall not vote on any question relating to the matter.S

(2)Nothing in sub-paragraph (1) above shall—

(a)require a member of the appointment committee to declare an interest or withdraw; or

(b)prohibit him from voting,

in relation to any matter where his interest exists by reason only of his being the headteacher of the school or a parent of a pupil in attendance at the school.

(3)Section 346(2) of the M1Companies Act 1985 (meaning of “connected person”) shall apply for the purpose of determining whether a person is connected with a member of the appointment committee as it applies for the purpose of determining whether a person is connected with a director of a company; and for such purpose references in that section to a director of a company shall be construed as if they were references to such a member.

(4)The validity of any proceedings of the appointment committee shall not be affected by any failure to comply with this paragraph.]

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Amendments (Textual)

F2Sch. 2 para. 5A and the crossheading immediately preceeding it inserted (18.9.1996) by 1996 c. 43, s. 31, Sch. 4 para. 9(d); S.I. 1996/2250, art.2

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