Section 5Part 2 — MENTAL HEALTH COMMISSION
Meetings of Commission
←→ Navigate · Click subsection badges to collapse · Press ? for help
The Commission shall meet as often as it thinks necessary for the performance of its functions and shall, without limiting the generality of this provision, meet at least four times in a year.
Three members present including the Chairperson, or one of the Deputy Chairpersons, at any meeting of the Commission shall constitute a quorum.
At a meeting of the Commission —
in the absence of the Chairperson, the Chairperson shall designate one of the two Deputy Chairpersons to preside;
in the absence of the Chairperson and the two Deputy Chairpersons, the Chairperson shall designate another member to preside; and where the Chairperson is unable to designate someone to act —
and both Deputy Chairpersons are able to attend, the members present at the meeting shall designate one of the two Deputy Chairpersons to preside;
and at least one of the Deputy Chairpersons is able to attend, that Deputy Chairperson shall preside; and
and both Deputy Chairpersons are not able to attend, the members present shall designate one of their number to preside.
A question or matter to be determined by the Commission at any meeting shall be decided by a majority of the votes of the members present and voting.
Where there is a tie, the Chairperson shall exercise a casting vote.
Except to the extent already regulated by this section, the Commission shall regulate its own procedure.
The Commission may —
act through a committee; and
delegate any of its functions or powers to such committee and to any of their own number and to the public officers of the Commission, except that where the Commission sets up a committee which consists of members other than members of the Commission or the public officers of the Commission, it may only act or delegate its functions or powers to such committee with the prior approval of the Cabinet.
Where a member has a direct pecuniary interest in a matter being considered by the Commission and is present at a meeting of the Commission at which the matter is the subject of consideration, that member shall, as soon as practicable after its commencement, disclose that fact and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it, and shall be excluded from the meeting for the duration of the consideration, discussion and voting procedure.
A member who fails to comply with subsection (8) commits an offence and is liable —
on summary conviction to a fine of twenty thousand dollars and to imprisonment for two years; or
on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for five years, unless that member proves that, at the time when the matter was the subject of consideration at that meeting, that that member did not know or could not be reasonably have been expected to know that the said member had a direct pecuniary interest.
A disclosure made under subsection (8) shall be recorded in the minutes of the meeting.
Failure to make a disclosure under this section does not invalidate the act or proceeding concerned.
The deliberations of the Commission shall be confidential but the Commission shall cause any decision which affects the members of the public to be published in the Gazette, on a website or in a newspaper published in the Islands.
Neither the Commission nor any member of a committee or employee of the Commission shall be liable in damages for anything done or omitted in the discharge of their respective functions under this Act unless it is shown that the act or omission was in bad faith.