Singapore legislation

Section 15

of Town Councils Act 1988

Section 15

Conflict of interest and disclosure by members

Amended by17/201717/201717/201717/201717/201717/201717/201717/2017

(1)

As soon as practicable after a member of a Town Council becomes aware of a conflict of interest in a question that has arisen or is about to arise before the Town Council, the member must disclose in writing the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict —

(a)

in the case of the chairperson, to the secretary and all other members of the Town Council; or

(b)

in the case of any other member of the Town Council, to the secretary and —

(i)

to the chairperson;

(ii)

if the chairperson also has a conflict of interest — to a vice‑chairperson; or

(iii)

if both the chairperson and vice‑chairperson also have a conflict of interest — to all other members of the Town Council.

Amended by17/2017

(2)

The secretary to a Town Council must ensure that every disclosure under subsection (1) in relation to any question —

(a)

is recorded in a register of interests kept and maintained in the prescribed form; and

(b)

is brought to the attention of the member presiding at a meeting of the Town Council at which that question arises or is to arise.

Amended by17/2017

(3)

A member of a Town Council —

(a)

may be present at a meeting of the Town Council while a question in which the member has a conflict of interest is under consideration and may be treated as being present at a meeting for the purposes of determining quorum; but(b)must not participate in any decision on the question.

Amended by17/2017

(4)

For the purposes of this section, a member of a Town Council has a conflict of interest in a question arising for decision by the Town Council if the member, or an associate of the member, has a personal or financial interest in how the question is decided.

Amended by17/2017

(5)

However, subsection (4) does not apply merely because of an interest that is —

(a)

an interest in a question about the level of allowances or expenses to be set for members;

(b)

an interest that the member, or an associate of the member, shares in common with the general public or a substantial section of the public;

(c)

an interest of the member or an associate of the member —

(i)

in an appointment or a nomination for an appointment to a body with predominantly charitable objects; or

(ii)

in any payment or reimbursement of membership fees, or expenses related to membership, in a body mentioned in sub-paragraph (i);

(d)

an interest of the member, or an associate of the member, that is prescribed; or

(e)

an interest so remote or insignificant that it could not reasonably be regarded as likely to influence a decision.

Amended by17/2017

(6)

In this section and section 16, a person is an associate of another if —

(a)

they are spouses or siblings or a parent and child or they are in a similar close family relationship;

(b)

they are in partnership;

(c)

one is a company and the other is a director or manager of the company;

(d)

one is a private company within the meaning of the Companies Act 1967 and the other is a shareholder in the company; or

(e)

a chain of relationships can be traced between them under one or more of the above paragraphs.

Amended by17/2017

(7)

The secretary to a Town Council who, without reasonable excuse —

(a)

fails to keep and maintain a register of interests in the prescribed form; or

(b)

fails to comply with subsection (2),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

Amended by17/2017

(8)

To avoid doubt, this section is in addition to, and not in derogation of, the operation of any rule of law restricting a member of a Town Council from having any interest in contracts with the Town Council or from holding offices or possessing interests in conflict with his or her duties as such a member.

Amended by17/2017
Section 15 — Town Councils Act 1988 | laws.sg