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1.—(1) For the purposes of regulation 9, a pecuniary interest in a contract, proposed contract or other matter includes a case where—
(a)a relevant person was nominated or appointed to an office as a member of a collaborating body by a person with whom the contract was made or is proposed to be made;
(b)a relevant person is a partner of a person, or is in the employment of a person, with whom the contract was made or is proposed to be made; or
(c)a relative of a relevant person (including his spouse or civil partner or some one living with that person as if he or she were that person’s spouse or civil partner), to the knowledge of that person has, or would be treated as having, such an interest.
(2) For the purposes of regulation 9, a relevant person shall not be treated as having a pecuniary interest in any matter by reason only of—
(a)if he is paid to work for a collaborating body, having an interest in the matter that is no greater than the interest of the generality of those paid to work for the collaborating body;
(b)his nomination or appointment by, his membership of, or his employment by, any public body; or
(c)his membership of a corporation or other body, if he has no significant financial interest in any securities of that corporation or other body.
(3) Members of the joint committee are not, by reason of their pecuniary interest in the matter, prevented from considering and voting upon proposals for one or more of the collaborating bodies to take out insurance protecting its members against liabilities incurred by them arising out of their office and a collaborating body is not, by reason of the pecuniary interest of its members, prevented from obtaining such insurance and paying the premiums.
2.—(1) This sub-paragraph applies where a relevant person is present at a meeting of the joint committee at which a subject of consideration is—
(a)his own appointment, reappointment or removal as a member of the joint committee; or
(b)his own appointment or removal from office as clerk to, or chair of, the joint committee.
(2) In any case where sub-paragraph (1) applies, the relevant person’s interests shall be treated for the purpose of regulation 9(2) as being in conflict with the collaborating bodies’ interests.
3.—(1) This sub-paragraph applies where a relevant person who is paid to work for a collaborating body other than as head teacher or principal is present at a meeting of the joint committee at which a subject of consideration is the pay or performance appraisal of any particular person employed to work for a collaborating body.
(2) This sub-paragraph applies where a head teacher or principal of a collaborating body is present at a meeting of the joint committee at which a subject of consideration is his own pay or performance appraisal.
(3) In any case where sub-paragraph (1) or (2) applies, the relevant person’s interests shall be treated for the purpose of regulation 9(2) as being in conflict with the collaborating bodies’ interests.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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