Executive Agencies Act, 2008 (No. 4 of 2008)

20. Regulaliurn,:. 2008 ErecuJive Agencies Act 4 49 GRENADA I assent, 14th March, 2008. ACT NO. 4 OF 2008 e DANIEL CHARLES WILLIAMS Governor-General. AN ACT to make provisions for the establishment and operations of semi-autonomous Executive Agencies within the ambit of Government Ministries for the purpose of providing public services in selected areas in a more efficient and effective manner and for related matters. {20th March, 2008]. BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives and by the authority of the same, as follows: PARTI PRELIMINARY

1 — This Act may be cited as the Short title

1. This Act may be cited as the Short title. EXEC1I1IVE AGENCIES ACT 2001t

2 — In this Act, unless the context otherwise reauires-- Interpretation

2. In this Act, unless the context otherwise reauires-- Interpretation. 50 Act 4 Executive Agencies 2008 "'Chief Executive" means the chief executive of an executive agency; "Executive Agency" means an executive agency established under this Act; "Financial Year'" means, in respect of the first accounting penod of an Executive Agency, a period starting from the date of the establishment oftbe Executive Agency concemt:d aml t::udiug 011 the 31st of December of the following year, and for any subsequent accounting period, the period oftwelve months ending on the 31st ofDecember; "Framework Document" means a document containing the functions, aims, role, objectives, authority, performance contract and any other particulars of the Executive Agency, takmg into account any existing laws; "Minister" in relation to an Executive Agency, means the Minister responsible for the department in respect of which that Executive Agency is established; ..Ministerial Advisory Board" means an advisory board constituted under section 6; "Performance Agreement"means an agreement between the Permanent Secretary and the Chief Executive comprising the tasks, remuneration and base for the review and assessment of the Chief F.xecutive's perfonnance; "Permanent Secretary" in- relation to an Executive Agency, means the Penn.anent Secretary of the Mini.shy under which the Executive Agency is established. 2008 Executive Agencies Act 4 51 PARTII POWER TO ESTABLISH EXECUTNE AGENCIES; THEIR FUNCTIONS AND OPERATIONAL PRINCIPLES Power of 3.-{1) Where a Minister is of the opinion that, having Minisb.:rs to regard to the provisions of this Act, it is appropriate to establish establish an Executive Agency for the purpose of carrying out Executive Aef,ru,ies. the functions of a department of government with which he is charged with responsibility, he may, by Order published in the Gazette, establish such an Agency. (2) Before a Minister establishes an Executive Agency, he shall take into account whether the establishment of the Agency will~ (a) improve efficiency and effectiveness in the delivery of public services; (b) create ilil environment conducive to efficient and effective management; (c) improve the quality of the services hitherto prnvidt:d by the depanment concerned; and (d) promote the potential for the continuous improvement of the services provided by the proposed Executive Agency. (3) An Order made under subsection (I) shall specify the depru:unent of government in relation to which the Executive Agency is established and may be made in respect of more than one department of government of the same Ministry or, with the approval of another Minister concerned, may be made so as to include a department of government of another Ministry, and it shall be set out, in a Framework Document. 52 Act 4 Executive Agencies 2008 (4) If, at any time after the establishment of an Executive Agency, the matters in respect of which it is established are assigned to another :Minister, the responsjbility for the Executive Agency under this Act shall, by virtue ofthis subsection, vest in that other Minister. ( 5) Without prejudice to any other provisions ofthis Act, a Minister may, Y..ith the approval ol the ,Minister with responsibility for the Public Service establish an Executive Agency under an Order containing such modifications to the provisions ofthis Act relating to the structural organization of Executive Agencies as will facilitate the more effective discharge of its functions. (6) Nutwilli~tam.li.ng o.ny utht:1 law, au Exixutivc:: Agency shall~- (a) be capable ofentering into contracts in its own name; (b) without prejudice to the right and liability of any pemon to sue or to be sued by the Government in any other respect, be capable of suing or being sued, in its own name, only in contract; and all laws applicable to legal proceedings, shall apply to legal proceedings to which the Executive Agency is a party; (c) have power. in its own name, to borrow money and to acquire, hold or dispose ofmovable and immovable property, but its power to borrow money shall only be exercised with the approval of Parliament and upon such terms and conditions as it may specify, either generally or in any particular case; and 2008 Executive Agencies Act 4 53 (d) do all other things which ore necessary or desirable for the efficient and effective discharge of its functions, including the establishment of consultative arrangements m;ccssary to secure the views of the users of its services. Functions of 4.-{1) Subject to this Act, an Executive Agency shall Executive pertorm such functions as are conferred upon it under Agencies and subsection (3) of section 3. operational prmciples. (2) ln the performance ofits funct1ons, a.n Fx~cutive Agency shall- (a) provide its services to its customers and the public in the mo::.t efficient and effectivi! manner; (b) manage its affairs in a businesslike and cost-effective manner and in accordance with modem management and business practices, and techniques and, in particular, to apply to its operations the best standards of financial management and accounting; and (c) ensure that its operations are designed for the provision of the best service to its customers and to maintain a high degree of responsiveness to their needs. PART ill ROLE OF PERMANENT SECRETARIES 5.-{l) The Permanent Secretary shall be responsible to ::::::;~ the Minister for the supervision of the Executive Agency. Secretaries. 54 Ad 4 Executive Agencies 2008 {2) The Permanent Secretary will monitor, review and evaluate the _perfonnance ofthe Executive Agency and the Chief Executive on the Minister's behalf in terms of the relevant performance documentation but will not, apart from conveying his views to the Chief Executive to ensure that the terms of such documentation are met, direct the allocation of the Executive Agency's internal resources. (3) The Permanent Secretary shall: (a) in conjunction with the Chief Executive and subject to the ultimate approval of the responsible Minister, conclude a Framework Document for the Executive Agency and an individual Performance Agreement for the Chief Executive; (b) ensure that the Chief Executive will have sufficient autonomy to manage the Executive Agency; (c) following consultation with the responsible Minister and Chief Executive, approve the Executive Agency's Corporate and Business Plans; (d) receive an Annual Report referred to in section 18;and (e} submit the audited accounts to the Accountant General. PARTlV MINISTERIAL ADVISORY BOARDS Minioteri81 6.--{l} Each Executive Agency shall have a Ministerial AdviSOf}' Boards. Advisory Board consisting of the Permanent 8ecretary as Chairman, and not more than four other members, all ofwhom shall be appointed by the Minister as follows - 2008 Executive Agencies Act4 55 (a) two members with management experience at best practice, (b) one member after having consulted with such as3()ciation oftrade unions or individual trade unions as in the opinion of the Minister is representative of employees of that executive agency, and (c) one member after having consulted with the Chamber of Commerce. (2) In appointing the members of a Ministerial Advisocy Board, the Minister shall have due regard to the need to include in its membership, persons whether or not in the public s4;rvice who passe:,s the ncce:s:sacy qualific.ation:s aud expertise in respect of the matters for which the Executive Agency is established and persons who are representative of the interests of the Executive Agency's customers. (3) The Minister may at any time, if he is of the opinion that a member a fa Ministerial Advisory Board is unfit to Mntinne in office nr i~ incapahle of perfonning his duties, revoke the appointment of that member. (4) A member of a Ministerial Advisory Board, other than an ex-officio merubt:r, sba.lJ hu1J uffice fur a period not exceeding three years and shall be eligible for reappointment. (5) The Chief Executive shall attend all meetings of the Ministerial Advisory Board and may participate in its deliberations, except in matters affecting his own interests, but he shall have no right to vote. (6) The quorum of a Ministerial Advisory Board shall be three members, one of whom shall be the Chairman. 56 Act 4 &ecutive Agencies 2008 (7) A member of a Ministerial Advisory Hoard shall not participate in the deliberations of the Board on any matter in which he has or may have any interest. Functions of 7. The function ofaMinisterial Advisory Board is to give Ministerial Advisory Board. advice to the Minister on ~ (a) the development and maintenance ofa strategic framework; (b) the objectives of the Executive Agency; (c) the appropriateness of the Chief Executive's plans and assoc:.iated budgets; (d) the setting of priorities and annual perfonnance targets for the Executive Agency; (e) the Executive Agency's annual reports and account<:; (f) the evaluation of the Executive Agency's perfonnance; and {g) any other matter provided for in this Act. Meetings and 8. A Ministerial Advisory Board shall hold its meetings as procedure of Ministerial often as the Chainnanmay determine, but not less than twice in Advisory each financial year, and without prejudice to the power ofthe Boards. Minister with responsibility for the Public Service to make rules for the conduct of its meetings, and shall determine its own procedure. 2008 Executive Agencies Act4 57 P,'\RTV CHIEF EXECUffi'E AND EMPLOYEES 9.--{1) An Executive Agency shall have a ChiefExecutive AppoiRtment , d on contract by the Govemor-General, acting appomte -. • lllld tenure of lil ChiefExecutive. accordance with the advice ofthe Public Service Commission, from among persons who po~ses.,; the necessary qualifications. skills, experiences and competences to manage, efficiently and effectively, the affairs ofthe Executive Agency in accordance with modern management standards and he shall hold office on such terms aml conditiurn; uf servic1,; a!) the Guvt:mor-Geru::rnl may specify. (2) The Public Service Commission in order to tender advice to the Governor-General on the best candidate for appointment as Chief Executive, may ask the Ministerial Advisory Board to provide it with a short list of candidates from those who submitted their applications to the Public Service Commission for such office, together with an objective assessment of the suitability of each candidate. ( J) ·1he Chlef r:xecuttve shall hold office fornot more than three years and shall be eligible for re-appointment. 10.-{ I) The Chief F.xec:ntive shalJ he the hemi of the ~:cc:':Sec!..,.e. 0 Executive Agency and shall, (a) subject to sections 5( 1) and (2), be responsible fortht: upt:rntional mai1i1gt:meut uftht: Agt::ucy, and (b) be responsible to exercise the functions delegated to him by -the Public Service Commission. 58 Act 4 Executive Agencies 2()()8 (2) The Chief .Executive shalJ- (a) be the Agency's Accountin.gO:fficenvith such financial responsibilities as may be provided for in its Framework Document and delegated to him by the Minister responsible for Finance; {h) perform bis functions in uccordunce with on Annual Performance Agreement concluded between him and the Permanent Secretary. Appomtment clc. 11.-{l) Subject to subsection (2), a ChiefExecutive may of employees. act, from time to time, in accordance with an instrument of delegation issued to him by the Public Service Commission under section 84(2) of the Constitution. (2) In exercising powers under subsection (1 ), the ChiefExecutive shall act in accordance with regulations made by the Public Service Commission and other regulations in force; (3) Where a Chief Executive intends to fill a vacant post m the .Executive Agency, the Chief Executive shall give public notice of such vacancy in a manner sufficient to enable suitably qualified persons to apply for employment in the {X)St. (4) A certificate signed by the Chief Executive that any person named in the certificate was appointed to any office in the Executive Agency from the date stated in the certificate shall be sufficient evidence that the person WU3 duly appointed and continues to hold the office unless the contrary is proved. ~';? !-: 12 An employee of an Executive Agency shall not, in his 11M ,a 11 · personal capacity, be liable in civil or criminal proceedings in respect of any act or omission done or made in good faith in the performance of his functions. 2008 &ecutive Agencies Act 4 59 PART VI FINANCIAL AND RELATED MATIERS

13 — The funds ofanExecutive Agency Shall consist of such f'urnburan

13. The funds ofanExecutive Agency Shall consist of such f'urnburan · as may be votedby Parl'1amenif'or the purposes of the Execohve morues Agency. Executive Agency. 14.--{1) Monies received by the Executive Agency for Othe~m.oniesm goods or services provided under the authority ofthis Act; and ~t:I:i.the monies borrowed, received by or made available to the Fond. Executive Agency for the purposes of its functions shaU be paid into the Consolidated Fund. (2) Notwithstanding subsection (1 ), the Minister responsible for Finance may by Order specify· the percentage of monies referred to in subsection (1) which may be lodged in an account operated by an.Executive Agency, however, an.y difference shall he paid into the Consolidated Fund. (3) An Order made by the Minister under subsection (2) shall be subject to an affinnative resolution of Parliament. (4) An Executive Agency shall be subject to the Finance and Audit Act, Cap. 102. Collection off~s

15 — An Executive Agency shall- ry "1> Th=miYc

15. An Executive Agency shall- ry "1> Th=miYc Agency. (a) pedorm its functions in accordance with modem commercial principles and shall ensure that, as far as possible, lts revenne is sufficient to meet its expenditure as set out in its business plan; (b) charge and collect fees or commissions for the. provision of any goods or services it provides under the authority ofthis Act. 60 Ad4 Etecutive Agencies 2008 Estirnlltes of 16.---{1) The Chief Executive shall prepare, in accordance income and expenditure, with the Finance and Audit Act, Cap. I 02, and submit to the Permanent Secretary the estimates ofincome and expenditure for the next ensuing year and may, at any time before the end of a financial year, prepare and submit to the Permanent Secretary any estimates supplementary to the estimates of the current year. (2) No expenditure shall be incurred from the funds of an Executive Agency unless that expenditure is part of the expenditure approved by the Pennanent Se(;retary under ·subsection (l) in respect of the financial yeor to which the expenditure relates. (3) The ChiefExecutive shall ensure that all payments out of the Executive Agency's funds are correctly mndc and properly authorized and adequate control is maintained over its property and over the incurring of liabilities by the Executive Agency, (4) The Chief Executive shall prepare a corporate plan every three years and submit it to the Penn.anent Se(-retary for his approval. Accounts and 17.-{l) Every Chief Executive shall cause to be kept-~ Audit (a) accounts of the transactions of the Executive Agency in accordance With the Finance and Audit Act, Cap. 102~ and (b) a record of the Executive Agency's _performance in accordance with its approved corporate and annual business plans, and such accounts and record of the Agency,s perfonnance shall be audited annua11y by the Director of AUdit. (2) The Chief Executive and employees of the Executive Agency shall give to the Director of Audit- 2008 Executive Agencies Act 4 61 (a) acc.es.s. to all books., documents., cash and secwities of the Executive Agency; and (b) on his request, all such infonnation as may be within tlu::ir knowkugc in rdatiuu to the activities of the Executive Agency. (3) The Directorof Audit shall be entitled at all times to examine the accounts and the records of performance of every Executive Agency.

18 — (1) The ChiefExecutive shall, within two months after :::=~"'

18.-(1) The ChiefExecutive shall, within two months after :::=~"' the end of each financial year, submit to the Minister and the Agreement Permanent Secretary an annual report in respect of that year containing- (a) acopyoftheauditedaccountsoftheExecutive Agency, together with the auditor's report on those accounts; (b) a report on performance against key targets and any other related information; (c) a report on the operations of the Executive Agency dillIDg that financial year; and (d) such other information as the Permanent Secretary may require. (2) The annual report referred to in subsectjon (1) shall also contain the Annual Pertonnance Agreement between the Permanent Secretary and the Chief Executive. (3) The Minister shall cause a copy of the annual report to be Jaid before Parliament, within two months or at the next meeting of Parliament, after he has received the report. 62 Act 4 Executive Agencies 2008 (4) The Penn.anent Secretary shall cause a copy ofthe audited accounts to be submitted to the Accountant General within two months after he has received the report. PART VII MISCELLANEOUS Ve.l'ting of property.

19 — All movable and immovable property, except any such

19. All movable and immovable property, except any such property as the Minister may determine which immediate.Jy before the commencement of this Act is vested in the Government fot the use ofthe department in relation to which an Executive Agency is established shall, on the date of C(>mtnencement of an Order made under subsection (3) of section 3 and without further assurance, vest in the Executive Agency subjectto all interests, liabilities, charges, obligationf: and trusts affecting that prnperty. Regulatfons. 20. The Minister with responsibility for the Public Service m<1y ma.kt: n::gulations for the carrying out of the purposes of this Act. Passed in the House ofRepresentatives this 22nd day offebruary, 2008. ADRIAN C. A. HA YES Clerk to the House ofRepresentatives. Passed in the Senate this 4th day of March, 2008. ADRIANC. A. HAYES Clerk to the Senate. GRENADA l'RJNlllI) BY 11IE GOVERNMENT PRINTER, AT TilE GOVERNMENT PRJNTJNG Off.ICE, ST. GEORGE"S 2008.

Executive Agencies Act, 2008 (No. 4 of 2008)

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النص

2 — Interpretation

3 — Power ofMinisten; to establish .Extcutive Ag~m.;ies

4 — Functions of Executive Agencies and operational principles

5 — Role of Permanent Secretaries

6 — Ministerial Advisory Boards

7 — Functions of Ministerial AcMsoiy Boards

8 — Meetings and Procedure of Ministerial Advisory Boards

9 — Appointment and tenure of Chief Executive

12 — Exemption from personal liability

13 — Funds ofan Executive Agency

14 — Other monies to be paid into the Consolidated Fund

15 — Collection of fees by an Executive Agency

16 — Estimates of income and expenditure

17 — Accmmts and Audit

18 — Annual Reports and Performance Agreement