Public Bodies Management and Accountability (Amendment) Act 2015 (No. 3 of 2015)

5. Section 5 ofthe principal Act is amended, in subsection (4}, by Amendment deleting the words "or(4)". of ~i~n s of prtnctpal Act.

6. Section SA(l) of the principal Act is amended by inserting Amerw!ment of sc~to,n SA immediately after the words "any public body'' the. words ''within the of prtnctpal specified public sector". Act.

7. Section SB(2) of the principal Act is amended by deleting the Amendm,nt word ''principal". of section 58 of principal Act.

8. Section 5C of the principal Act is amended- Amendment (a) m · (1), by inserting · sub section ' ' unm ' ediately aftertbe words of of Section SC principal "by a public body" the words ''within the specified public Act. sector''; (b) in subsection (2), by deleting the word ''principal".

9. Section 6 ofthe principal Act is amended in subsection (I )(e) by Amen~ment deleting the words "ap·proved . by the responsible Minister and the of se~tt~n 6 of pranctpal Minister." and substitutir.gthe following- Act. "approved- (i) in the case of a public body that is within the spc:cified public sector, by the responsible Minister and by the Minister; and (Ii) in the case of a public body that is not part ofthe . i spc:cified public sector, by the board ofthat public body.", . · ·16. Section.6A oftlie principal 'Act f~'atnended by inserting Amen~ment ·immediately • after • the ,Notds '~-'Ublic Y 1bij.lir.ll7 ~>worcfs'l'within the of sc~tto_n 6 A U.] . . , of pnnctpal specified pubbc sector". ' ''. · · 1 · "<hifi:1,;tn~ r.; '.~. ,;,;; Act. 4c [No. ('!li ·r:Jt,.;Publt'cYiJo(JMa Mrmagem>e'rlt tmiJA.ccountability fA'mendinent) Acl, ·26'1 J Amen~mcnt . ; lb 1Saal!oD<613< lD)b{J1tietprinciphlAct,isfumended by deletiJig.the of secttQ!l. 6B" of,P,r~cipal. . e d fini tions 0 pu lC sector'' and" speCl'fi~..l . f" bl' .1..1'lC sector''· •. , .: ; ·; lcupl.w Ac~:; '" ,· :.· . Amendment J:1'7. ~~~t!on 6C'of1thtf~rirtcipal Act •is amended by it~~erting of section 6C of principal imrtiettiatelyafter the words "public entity'' the words", except a public Act. body that is not part ofthe specified public se·:tor,". Amendment 1'1~ Section 7 ofthe principal Act is amended- of section 7 .' ..., 1 ' ~ of principal r.. • ,(a), i~subsection(3), by inserting immediately after the words Act. . "The board" the words "of a publie body that is within the specified public sector''; (b) in subsection (4), by inserting immediately after the words "the board" the words "of a public body that is within the specified public sector''; (c) in subsection (5), by deleting the: words "a board" and substituting the words ''the board of a public body that is within the specified public sector''; ...·'<d) . ·in subsection (6), by deleting the words "The Minister" and ... ' ' substituting the words "In the case of a public body that is · within the specified public sector, the Minister''; and (e). by inserting the following next after subsection (6) as .subsection (7)- " (7) In the case of a public body that is not part of the specified public sector, the Minister.shall, as soon as possible after endorsing any final corporate plan, or any modification ofa corporate plan, pursuant to this .· section, cause a~ ofthe corporate plan, or the f ' modification of the corporate: plan (as the case may be), to be tabled, in the House ofRepresentatives and · the Senate for information pwposes. ". Amendment 14. Section 12(1) ofthe principal Ac~ is amended by deleting the of section 12 of principal words "in any particular case" and substituting the words "in the case Act. ofa public body within the specified public sector''. i1 'If I I I , { j I I I The Public Botrics Manage~ntfll.tii,A_~countabi/ily ~o. l (.4.mendlnent) Acl.1 ·2015 lS.,'lheprincipal Aetis'l3mendedby~thefoHowin8neXt:after Insertion of section 12assection 12A;;...i;,.', · . ,; ·:'. · .'.> , ·.i! .;; :. :':~~into · principal Act. "Mi~er 12A.-( 1) ·Where, in the ~of a pub~pqdy that . may direct I special is not part ofthe specified public sector, the responsible • I 'I ,' / ~ audit. Minister has reasonable cause to believe that a speciaL,.: audit of the public body should be conducted by an . auditor other than the public body's auditor, the responsible Minister may, in writing, direct the board of that public body to appoint an auditor to conduct such audit. (2) Upon: receiving a direction und~r subsection ( 1), the board shall appoint an auditor to conduct the special audit. · ( I _..I I (3) The auditor appointed shall carry out~ (a) such examination of the public body's procedures as the board or the responsible ; ,§ Minister may specify in order to determine whether or not those procedures are adequate for securing eeonomy, efficiency and effectiveness in the use of the public body's financial, hmnan, physical and other: resources; or (b) such other examination ofthe public body as, in the opinion of the board or the responsible Minister, is necessary in the public interest (4) The auditor responsible for conducting the audit shall submit a written report on the audit to the board of the public body concerned and to the responsible Minister.· · ·i : · ; - _,,, . ..,- :. ~:_:·... ~.f ·.}} :,...~L -""'~i·· ·,, ~ .. .; ~ ~ : ' ' . ~ : 6' {No:·· l1 ;"' ''fh~·;PUiitic ''Bodies' "Mtinagtinienr ·aiuJ Accountability ; · '(Ajjrindilienr) Act, 20/J · · ,;· · ::-/l u ' ·· :. !: ·:· ''<SfTitlexJ,enses of an audit conducted und~i!tius 1s~ction shatl~·l,aid by the public body i , • 1 .,,._. i·· c<>nueme;cV1:,: · .· Amendment . :16. ~on 14(3)ofthb.principalActisamended by deleting the full of section 14 of principal stQp at the end ofparagraph (c) and substituting the words"; or", and Act. by inSerting the following next after paragraph (c) as paragraph (d)- "(d) becomes aware, in the case ofa public body that is not part o(the specified public sector, that the Auditor-General has, in accordance with regulations made under the Financial Administration and Audit Act, detennined that the public body is no longer primarily carrying out functions that are of a commercial nature and has withdrawn the certification of 'that public body as a self-financing body under the regulations.". Amendment of section 20 .J7. S.ection :io of the principal Act is amen:led by renumbering the of principal ~ction as. subsection (I) and by inserting next after the renumbered Act. subsection (1) the following as subsection (2}- : . ", (2) Subsection (1) does not apply in the case of a public body. that is not part ofthe specified pu'blic sector.". Insertion of 18. The principal Act is amended by inserting the following next new ~ection 20A·~ after·section 20·as section 20A- principal Act. "Public 20A.-{l) The Minister may appoint a committee, Bodies ·. Human to be known as the Public Bodies Human Resources Reso~rces· Committee (hereinafter called the "Human Resources Committee. Committee") to perfonn the functions set out in subsection (3) with respect to public bodies that are not part ofthe specified public: sector. . i r· Third , (2) The provisions of the Third Schedule Schedule. ·.·;, shaJlhaV~·etfect as to the coru:titution and procedure ofthe Human Resources Committee and otherwise in relation thereto. '1-l"'\ I 1 f -. ~-c----- / J ,, . ,T)1_e Pui?J/~j!-..()d{es -Mflfl(l8.f.fl'i?!'kfl(.lf{ 4-;t:ft.f!Ufl(llb(lity ! [No,~,··· ] . ..JJ(fn!!n,dme(lt)\~,fkt-201 5 · . . . ,' v r .•~~)The f¥n~?ns ofthe Human Resources ..I co~,~$llliAc!~~(~(Wqg~g- If . <a.) providing ~i.'i.}H1H>~blic bodies that are not part of the specified public sector ~th regard to human resource matters;' · ' 1 1 > ! l !.~ . \l if· .. (b) monitoring the performance of SU(;Qp~bi~c . !. 't J bodies with regard to human .resource matters; !I I (·::) providing reports to the Minister with regard I to human resource matters relating to such 'l J public bodies; iI I (d) promoting best practices with regard to I human resource matters relating to such public bodies; and !; (e) perfonning such other functions, with ~ard ,,I to human resource matters relating to such I public bodies, as may be assigned to the . I Committee by the Minister. ' ' •· '· (4) In this section, "human resource matters" I . includes matters concerning hiring, separation, Salaries i ; and other terms and conditions of employment.": . I I •i 19. Section 21(1) of the principal Act is amended by jnserti~g Amendment·. :; ) ... ·1mmed"1ate1y after t J1e word s " publ"1c bo dy" t he word s ••WltJun · 1.: the or of section !lrinc!ipal21 · specified public sector". Act.

20. The principal Act is amended by inserting next after Section 21 Insertion of the following as section 21A- ~~~ :~ction " New 21A Ifa public body that is not part ofthe specified principal Act. ~::::n:Y public sector (here~ called the ..holding company'') public body fonns a new company, the new company shall be not part of specified deemed to be ·a public body that is not pal't:ofthe ·public sector. spe· cifled ·public sector for so long as the holding '8 [No,,] The Pub/if Bodi~s. ManagemenJ and Accountability , (Amendment) Act, 20.' 5 • company remains a public· body that is not part of the specified public sector; except that the new·company . •.-, ·: shallnotbe·required to be certified under the Financial . .· r / Administration and Audi1 (Fiscal Responsibility Framework) Regulations, 2012, as a public body that ., is not part ofthe specified public sector.". ,'\!Jlendment 21. Section 24(1) ofthe p~ncipalAct is amended- of section 24 of principal (a) by deleting paragraph (iii); and Act. (b) by re-lettering paragraphs (i), (ii), (iv) and (v) as paragraphs (a), (b), (c) and (d), respectively. Insertion of 22. The principal Act is amended by inserting next after the Second new Third Schedule in Schedule the following as the Third Schedule- principal Act. · " THIRD SCHEDULE (Section 20A) The Public Bodies Human ResourcE'S Committee I. The Minister shall determine the numb~r of members of the Public Bodies Human Resources Committee.

2. The members of the Human Resources Committee shall be persons who are, in the opinion, ofthe Minister, representative of the public sector and the private sector.

3. The members ofthe Human Resources Committee shall be appointed by the Minister by instrument in writing.

4. The members of the Human Resources Committee shall, subject to the provisions of this Schedule, hold office fhr such a period as may be # l ! .. •· specified in the instrument of appointment and shall be eligible for re- appointment. :.. ~· .

5. The Minister shall appoint a chairperson ;md vice-chairperson of the ")• •• dl ~ .Human Resources Committee from the members ofthe Committee. ;dJ: ; .· . 6. The Minister may, at any time, revoke the appointment ofa person as .;,. ; , . member of the Human Resources Committee or as chairperson or vice- chairperson.

7. Subject to the provisions ofthis Act, the Human Resources Committee may make rules regulating its own proceeding!: . The Public ~~odies Managemint'and Accountabllity {Ncr:· ] 9·' (Ainendmefit) 'Alh; ~2015

8. The Minister shl!1lhs'sign te~istrative support to the lluman 1!-esources Co1~i~ee.". i , >- ' n •. Section 6B(5), (6);h), (7) ancl(9).andf~n6C ofthe principal· Deti:rrtd Act shall be deemed not to have come ~~non the Istday of =~ll.'llt April, 2014 and shall come into operation on the I st day of April, · 20I7. Passed in the House of Representatives this 27th day of January, 201 S With three (3) amendments. MICH~EL A. PEART Speaker. Passed in th,e Senate this 5th day offebrwuy, 20 IS with:..one: ( 1) amendrilent. '. ·( .FLOYD E. MORRIS · President. On the IOth day offebrwuy, 2015 the House of Representatives agreed to the amendment made by the Senate. MICHAEL A. PEART Speaker. This printed impression has been carefully compared by me with the Bill which has passed the House ofRepresentativeJ and Senate, and has been found by me to be a tru.~ and correct printed copy ofthe said Bill. .W) H· b. CotJk ~;k to the Houses ofPo'lrliament. '(\~ \', ·:·'\·..' ; I ~ 'i • . : t' -~