Public Procurement and Disposal of Public Property (Amendment) Act, 2016 (No. 5 of 2016)

BILL AN ACT to amend the Public Procurement and Disposal of Public Property Act, 2015 [Assented to 17th June, 2016] ENACTED by the Parliament of Trinidad and Tobago as follows: 1. This Act may be cited as the Public Procurement and Disposal of Public Property (Amendment) Act, 2016. 2. In this Act, “the Act” means the Public Procurement and Disposal of Public Property Act, 2015. Enactment Short title Interpretation Act No. 1 of 2015 First Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 5 of 2016 [L.S.] Legal Supplement Part A to the “Trinidad and Tobago Gazette”, Vol. 55, No. 77, 23rd June, 2016 3. Section 12 of the Act is amended— Public Procurement and Disposal of Public Property Act, 2015 (a) in paragraph (f), by deleting the word “or”; (b) in paragraph (g), by deleting the full-stop at the end of the paragraph and inserting the words “; or”; (c) by inserting the following new paragraph: “(h) has traded with the Government without the prior approval of the Minister.”; (d) by renumbering section 12 as section 12(1); and (e) by inserting after section 12(1), as renumbered, the following new subsection: “(2) For the purposes of this section, a member trades with the Government if, while holding office, he becomes a party to, or is a partner in a firm or a director or manager of a company which to his knowledge becomes a party to any contract with the Government for or on behalf of the public service.”. 4. Section 24(4) of the Act is amended by inserting after the word “respectively”, in the second place where it occurs, the words “and the report shall be referred forthwith to the Public Accounts Committee”. 5. Section 50 of the Act is amended by inserting after subsection (12), following subsection: “(13) The suspension of procurement proceedings under subsection (4)(a) shall be lifted immediately upon the issuance of the decision of the Office under subsection (11).”. Section 12 amended Section 24 amended Section 50 amended 24 No. 5 Public Procurement and Disposal of Public Property 2016 (Amendment) 6. The Act is amended by inserting after section 51, the following new sections: 51A. The Public Procurement Review Board, hereinafter referred to as the “Review Board”, is hereby established to review decisions made by the Office. 51B. The Review Board shall comprise— (a) a retired judge, who shall be the chairman; (b) a registered engineer with at least ten years’ experience in matters relating to procurement; and (c) a chartered accountant or quantity surveyor with at least ten years’ experience in matters relating to procurement. 51C. (1) The members of the Review Board shall be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition, for a period of three years. (2) The name of each member of the Review Board as first constituted and every change in the membership of the Board thereafter shall be published in the Gazette. 51D. A member of the Review Board may resign his office by letter addressed to the President. Sections 51A to 51M inserted “Establishment of Public Procurement Review Board Composition of Review Board Appointment of members of Review Board Resignation of member of Review Board No. 5 Public Procurement and Disposal of Public Property 2016 25 (Amendment) 51E. The President may remove a member of the Review Board from office upon being satisfied that the member— (a) is declared to be bankrupt; (b) is incapable of performing the duties of a member; (c) has neglected his duties or has engaged in conduct that would bring his office into disrepute; (d) has been absent, without leave of the Review Board, from three consecutive meetings of the Board; (e) has been convicted of an offence involving dishonesty; (f) has been convicted of an offence under the Integrity in Public Life Act; (g) has been convicted of an offence punishable by imprisonment for at least one year; or (h) has been convicted of an offence under this Act. 51F. The Minister may make Regulations, subject to negative resolution of Parliament, with respect to staffing, remuneration, funding and other operational matters of the Review Board. 51G. (1) A procuring entity or any other person who is entitled to be given an opportunity to make representations under section 50(1) or 51(1), may request the Review Board to review the order or decision of the Office made under section 50(4) or 50(10). Request for review Minister to make Regulations for operation of Review Board Removal of member of Review Board 26 No. 5 Public Procurement and Disposal of Public Property 2016 (Amendment) (2) A request for a review shall be made within twenty-one days of the making of the order or decision. (3) A request for a review shall be accompanied by the prescribed fee. (4) The right to request a review under this section is in addition to any other legal remedy available to a person. 51H. The Review Board may dismiss a request for a review if it is of the opinion that the request is frivolous or vexatious. 51I. The Review Board shall meet to conduct a review within twenty-one days of receiving the request for a review. 51J. The parties to a review shall be— (a) the person who requests the review; (b) the relevant procuring entity; and (c) such other person who has an interest in the order or decision of the Office, as the Review Board may determine. 51K. The Review Board shall complete its review within twenty-eight days of receiving the request for the review. 51L. Upon completing a review, the Review Board may— (a) confirm, vary or overturn the decision of the Office; and (b) order the payment of costs as between parties to the review. Frivolous or vexatious request Time limit for review Party to a review Time for completion of review Outcome of review No. 5 Public Procurement and Disposal of Public Property 2016 27 (Amendment) 51M. A party to a review may appeal against the decision of the Review Board to the High Court within twenty-eight days of the making of the decision.”. 7. The Act is amended by inserting after section 57, the following Part: “PART VIA DISPOSAL OF STATE LANDS 57A. (1) Notwithstanding the State Lands Act and any other written law to the contrary, the Minister may make Regulations in respect of the disposal of— (a) State Lands; (b) real property owned by the Government; (c) real property owned by State controlled enterprises; and (d) real property owned by a statutory body, responsibility for which is assigned to a Minister of Government. (2) Regulations made under this section shall be subject to negative resolution of Parliament.”. Passed in the House of Representatives this 20th day of May, 2016. J. SAMPSON-MEIGUEL Clerk of the House Passed in the Senate this 8th day of June, 2016. B. CAESAR Clerk of the Senate (Ag.) Part VIA inserted Disposal of State Land Chap. 57:01 Appeal from Review Board PRINTED BY THE GOVERNMENT PRINTER, CARONI REPUBLIC OF TRINIDAD AND TOBAGO—2016 28 No. 5 Public Procurement and Disposal of Public Property 2016 (Amendment)