Clause 9

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 —

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

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

to the chairman;

if the chairman also has a conflict of interest, to a vice‑chairman; or

if both the chairman and vice‑chairman also have a conflict of interest, to all other members of the Town Council.(2) The secretary to a Town Council must ensure that every disclosure under subsection (1) in relation to any question —

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

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.(3) A member of a Town Council —

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

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

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;

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

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

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

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

an interest so remote or insignificant that it could not reasonably be regarded as likely to influence a decision.(6) In this section and section 15A, a person is an associate of another if —

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

they are in partnership;

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

one is a private company within the meaning of the Companies Act (Cap. 50) and the other is a shareholder in the company; or

a chain of relationships can be traced between them under one or more of the above paragraphs.(7) The secretary to a Town Council who, without reasonable excuse —

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

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.(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 duties as such a member.Town Council staff, etc., to disclose conflict of interest15A.—

This section applies —

to the secretary to a Town Council;

to an employee, a staff or the managing agent of a Town Council who has been delegated a power, function or duty of the Town Council under this Act; and

to a member of a committee of a Town Council who has been delegated a power, function or duty of the Town Council under this Act.(2) As soon as practicable after a person mentioned in subsection (1)(a), (b) or (c) becomes aware of a conflict of interest that has arisen or is about to arise in a matter in which the person is conferred a power, function or duty relating to the Town Council by or under this Act, the person —

must not exercise or further exercise that power, or perform or further perform that function or duty, without the approval of the Town Council; and

must disclose the fact, nature, character and extent of the personal or financial interest that gives rise to the conflict as follows:

in the case of the secretary to or a member of a committee of a Town Council, or the managing agent of the Town Council, disclose to the chairman of the Town Council in writing as soon as the secretary, member of a committee or managing agent (as the case may be) becomes aware of the conflict of interest, and to the Town Council not later than at the next meeting of the Town Council;

in the case of an employee or a staff of a Town Council, disclose to the secretary to the Town Council in writing as soon as the employee or staff becomes aware of the conflict of interest.(3) A person mentioned in subsection (1) has a conflict of interest in a matter in which the person is conferred a power, function or duty relating to the Town Council if the person, or an associate of the person, has a personal or financial interest in how the power, function or duty is to be exercised or performed in relation to that matter.(4) This section is in addition to, and not in derogation of, the operation of any rule of law restricting a person mentioned in subsection (1) from having any interest in contracts with a Town Council or from holding offices or possessing interests in conflict with his powers, functions or duties as such a secretary to, or an employee or a staff or a managing agent of, a Town Council or a member of a committee of a Town Council.”.