2005, No.20
Telecommunications Act 2005
95
(b) is an undischarged bankrupt; or
(c) is determined by a medical practitioner to be unable
to perform the Regulator‟s responsibilities,
functions, duties and powers due to any physical
or mental incapacity; or
(d) breaches the Code of Conduct detailed in section 19
of the Public Service Act 2004.
(4) The Head of State, acting on the advice of Cabinet, may
appoint the Minister or another person to exercise the
responsibilities, functions and powers conferred by this Act and
any applicable law on the Regulator, on an interim basis,
during:
(a) the period until the first Regulator is appointed;
(b) any period of time after a Regulator ceases to hold
office and before a replacement is appointed; and
(c) a period of temporary absence or incapacity of the
Regulator
(5) A person appointed under subsection (4) may exercise
all of the responsibilities, functions and powers conferred on the
Regulator by this Act and any applicable law notwithstanding
any other provision of this Act.
(6) An appointment under subsection (4) may not continue
for a period longer than six months.
7. Disqualification-(1) Subject to this section, a person is
not eligible to be appointed or to continue as the Regulator or as
a member of the professional staff of the Regulator if the
person, directly or indirectly, as owner, shareholder, director,
officer, partner or otherwise, has any pecuniary or proprietary
interest in:
(a) a service provider; or
(b) a manufacturer or supplier of telecommunications
equipment, except where the supply is incidental
to the general merchandising of goods by
wholesale or retail.
(2) Where any interest prohibited by subsection (1) vests in
the Regulator or a member of the professional staff by will or
succession for the benefit of the Regulator or a member of the
professional staff, as the case may be, such interest shall be