Revised Laws of Saint Lucia (2021)

10.   Disqualification from being a commissioner

  1.  

    (1)   A person shall be disqualified from being a commissioner and is not eligible to be appointed as a commissioner, or having been appointed, is not eligible to continue as a commissioner if that person —

    1.  

      (a)     holds or is beneficially interested in more than 5% of any stock, share, bond, debenture or other security of, or other interest in, a service licensee;

    1.  

      (b)     has a pecuniary or other interest in a device, appliance, machine, article, patent or patented process which is required or used by a service licensee;

    1.  

      (c)     is a director, officer, employee, agent of a person providing a utility supply service or supplying goods to a service licensee under a contract;

    1.  

      (d)     has filed for bankruptcy in a court or is declared by a court to be a bankrupt;

    1.  

      (e)     is declared by a court to be mentally incapacitated by reason of unsoundness of mind;

    1.  

      (f)     has been convicted of a criminal offence except where the offence —

      1.  

        (i)     is a minor traffic offence, or

      1.  

        (ii)     is spent in accordance with Criminal Records (Rehabilitation of Offenders) Act; or

    1.  

      (g)     is a member of Parliament.

  1.  

    (2)   Notwithstanding subsection (1)(b), a person shall not be held to have a pecuniary or other interest in a service licensee in respect of which the Commission performs regulatory functions by reason only of the fact that, by general reception of a utility    supply service, he or she is a consumer of a service licensee in respect of which the Commission performs regulatory functions.

  1.  

    (3)   A decision of the Commission taken at a meeting is not invalidated merely because a disqualified person sits at the meeting as long as there was the quorum required pursuant to section 21(6).

  1.  

    (4)   Where a disqualified person sits at a meeting of the Commission, the Commission may review and amend its decision within 2 months of that decision being made.