Development of Policy, Legal, and Insitutional Framework for - ppiaf

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Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report equality of votes, the person presiding shall have the casting vote in addition to his or her deliberative vote. (6) No member of the Board shall attend to the business of his office within the Board through a representative and where a member is unable to attend any meeting of the Board he may request that his apologies for failure to attend be recorded, except for instances within this Act where attendance is permitted by the member via real time conference call. (7) The Board may act notwithstanding one or more vacancies among its members or at the meeting, provided there is a quorum at the meeting. (8) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of meetings of the Board. Committees of the Board 16. (1) The Board may establish committees and delegate to any such committee such of its functions as it considers necessary, and the Board may appoint as members of a committee established under this subsection persons who are or are not members of the Agency and such persons shall hold office for such period as the Agency may determine. (2) Subject to any special or general direction of the Board, any committee established under this Section may regulate its own procedure. Minutes of Meetings 17. The Board shall cause minutes to be kept of the proceedings of every meeting of the Agency and of every meeting of a committee of the Agency. Disclosure of interest 18. (1) A Board member, an employee of the Agency or a consultant to the Agency who, or whose immediate family member, is directly or indirectly interested in a private or professional or official capacity in any matter relating to any public investment projects being considered by the Agency shall disclose such interest. (2) Where a member of the Board or a member of the staff of the Agency, or a consultant, adviser or other person engaged by the Agency, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Board or by the Agency itself, he or she shall— (a) disclose to the Board or, as the case may be, to the Director General, the nature of his or her interest in advance of any consideration of the matter, THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 120
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report (b) neither influence nor seek to influence a decision to be made in relation to the matter, and (c) take no part in any consideration of the matter, and— (i) absent himself or herself from the meeting or that part of the meeting during which the matter is discussed, and (ii) not vote on a decision relating to the matter. (3) For the purposes of this Section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if— (a) he or she or any immediate family member or any nominee of his or her or any connected person, is a member or director of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection , (b) he or she or any immediate family member is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, (c) he or she or any immediate family member is a party to any arrangement or agreement (whether or not enforceable) to which such a matter relates, or (d) any immediate family member has a beneficial interest in, or material to, such a matter. (4) For the purposes of this Section a person shall not be regarded as having a beneficial interest in, or material to, any matter— (a) by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter, or (b) if he or she can show that at the material time he or she was unaware, and in the circumstances could not possibly have been aware, that a immediate family member had an interest referred to in subsection (2). (5) Where an interest is disclosed pursuant to this Section, the disclosure shall be recorded in the minutes of the meeting of the Board, or otherwise duly recorded by the Director General. (6) Where at a meeting of the Board, or otherwise within the Agency, a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the chairperson of the meeting or by the Director General, as appropriate, THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 121
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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