Key Benefits:
(1) Subject to the provisions of this Act, the Council shall regulate its own proceedings.
(2) The Council shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Council shall meet at least four times in a year for the transaction of business.
(3) Upon giving notice in writing of not less than 14 days, a meeting of the Council may be called by the President and shall be called if not less than one half of the members so request in writing.
(4) Where the urgency of any particular matter does not permit the giving of notice in accordance with subsection (3), a special meeting may be called upon giving a shorter notice.
(5) The quorum at any meeting of the Council shall be one half of the members.
(6) There shall preside, at any meeting of the Council-
(a) the President;
(b) in the absence of the President, the Vice President; or
(c) in the absence of the President and Vice President, such member as the members present may elect from among their number for the purpose of that meeting.
(7) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person's deliberative vote.
(8) The Council may invite any person whose presence it considers necessary, to attend and participate in the deliberations of a meeting of the Council, but such person shall have no vote.
(1) The Council may, for purpose of performing its functions, establish such committees as it considers appropriate, and may delegate, to any such committee, such of its functions as it considers necessary.
(2) Without derogating from the generality of subsection (1), the Council may establish the following committees, the-
(a) technical committee;
(b) training and professional development committee; and
(c) finance and administrative committee.
(3) The Council may appoint, to committees established under subsection (1), such number of members of the Council and such number of persons with specialised skills, not being members of the Council, as it considers appropriate, and the members of such committee shall hold office for such period as the Council may determine.
(4) The members of the committee who are not members of the Council may take part in the proceedings of the committee, but shall not have the right to vote.
(5) Subject to the specific or general directions of the Council, a committee established under this section may regulate its own procedure.
(6) Unless in appointing any such committee the Council has appointed a chairperson and vice chairperson, the committee shall elect from among their number, a chairperson and a vice chairperson of the committee.
(7) The Council may revoke or amend any delegation made under the provisions of subsection (1) and may attach conditions to such delegation, including general or particular directions, as to the manner in which any delegated power is to be exercised.
20. Meetings of committees of Council
(1) The chairperson or vice chairperson of a committee may at any time convene a meeting of the committee.
(2) At any meeting of a committee, the majority of members of the committee or such other number as may be fixed by the Council in any particular case shall form a quorum.
(3) Any reference in this Act to the Council or to the President of the Council in relation to the exercise of any power which the Council has delegated to a committee shall be construed as including a reference to that committee or to the chairperson of that committee as the case may be.
(1) Where a member is present at a meeting of the Council or any committee, at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Council or committee otherwise directs, take part in any consideration or discussion of, or vote on any question touching upon, such matter.
(2) A disclosure of interest made in accordance with subsection (1) shall be recorded in the minutes of the meeting at which it is made.
(3) Where a member fails to disclose his or her interest in accordance with subsection (1) and a decision by the Council or committee is made benefiting such member, such decision shall be null and void.
(4) A member who contravenes subsection (1) commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding nine months, or to both.
(1) A member of the Council or any committee and any other person assisting the Council shall observe and preserve the confidentiality of all matters coming before the Council or committee, and such confidentiality shall subsist even after the termination of the term of office or the mandate.
(2) Any member or any person to whom confidential information is revealed through working with the Council or committee shall not disclose that information to any other person unless he or she is required to do so in terms of any written law or for purposes of any judicial proceedings.
(3) Any member or any other person who contravenes the provisions of this section commits an offence and is liable to a fine not exceeding P10 000, or to imprisonment for a term not exceeding nine months, or to both, and for a second or subsequent offence to a fine not exceeding P15 000, or to imprisonment for a term not exceeding 12 months, or to both.
