8.—(1) Subject to any directions given to it by the Secretary of State, the Council may and if so directed by the Secretary of State shall, appoint committees of the Council.
(2) A committee appointed by the Council may, subject to such directions as may be given by the Secretary of State or the Council, appoint sub-committees.
(3) Committees and sub-committees appointed under this regulation may consist of such persons, whether or not members of the Council, as the Council or the committee making the appointment may determine.
(4) Regulations 4 and 6 shall apply to appointments to committees and sub-committees and to the termination of those appointments as they apply to appointments to the Council and to the termination of those appointments.
9.—(1) The meetings and proceedings of the Council shall be conducted in accordance with the provisions set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
(2) Subject to those provisions, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Council shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
(3) The proceedings of the Council shall not be invalidated by any defect in the appointment of the chairman or a member.
10.—(1) Subject to the following provisions of this regulation, if the chairman or any member has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its meeting, disclose his interest and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
(2) The Council may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or any member from a meeting of the Council while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
(3) Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 7 of Schedule 1 to the Act (remuneration and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
(4) Subject of paragraph (5), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if–
(a)he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
(b)he is a partner of, or is in the employment of, a person with whom the contract was made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
(5) Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other body; or
(a)of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
(b)of an interest in any company, body or person with which he is connected as mentioned in paragraph (4) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
(6) Where the chairman or a member–
(a)has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
(b)the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
(c)if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
(7) This regulation applies to any committee or sub-committee of the Council as it applies to the Council and applies to any member of any such committee or sub-committee (whether or not he is also a member) as it applies to a member.
(8) In this regulation–
“public body” includes–
any body established for the purpose of carrying on under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural beauty incorporated by the National Trust Act 1907 M1;
“securities” means–
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
[F1rights (whether actual or contingent) in respect of money lent to, or deposited with, any building society or society, other than a society registered as a credit union, which is—
a registered society within the meaning given by section 1(1) of the Co-operative and Community Benefit Societies Act 2014; or
a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969;]
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Textual Amendments
F1Words in reg. 10(8) substituted (1.8.2014) by The Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Consequential Amendments) Regulations 2014 (S.I. 2014/1815), reg. 1(2), Sch. para. 10
Marginal Citations