Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697808180606.pdf (Jamaica)
JAMAICA I NO.1-- 2010 1 assent, Governor-General ANACT to Amend the Public Bodies Management and Accountability The date notified by the Minister [bringing the Act into operation] Act.
BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:­ ] 1:-(1) This Act may be cited as the Public Bodies Management Short title, and Accountability (Amendment) Act, 201 0, and shall be read and construction construed as one with the Public Bodies Management and coomella:ment.

Accountability Act (hereinafter referred to as the principal Act) and all amendments thereto.
and (2) This Act shall come into operation on a day appointed by the Minister by notice published in the Gazette.

2 [No. ]

The Public Bodies Management and Accountability (Amendment) Act, 20/0 Insertion of new section 2A into principal Act.

2.

The principal Act is amended by inserting next after the heading "Part II.

Corporate Governance and Accountability" the following as section 2A­ "Estimates of revenue and expenditure.
hall cause to 2A.-(1) Before the end of each financial year, the be prepar, m suc 10nn Minister s as may be approved by the Minister, estimates of revenue and expenditure for public bodies with respect to the ensuing financial year, containing a summary of­ ed' h i'.

(a) the corporate plans of all public bodies, including their total budgetmy requirements; and (b) such other data and infonnation pertaining to public bodies as the Minister may require.
(2) The Minister shall cause the estimates referred to in subsection (1) to be laid before the House of Representatives and the Senate for approvB1.".

Amendment of section 5 of principal Act.

3.
Section 5 ofthe principal Act is amended­ (a) by deleting subsection (1) and substituting therefor the following­ (1) Notwithstanding the provisions ofany relevant " enactment or constituent document, a public body shall not, withoutthe prior written approval ofthe Minister­ (a) exercise any borrowing powers; or (b) enter into negotiations, or take any other steps, to borrow money by way ofthe issue ofbonds or other debt securities"; (b) in subsection (2), by deleting the words "for the exercise of borrowing powers and" and substituting therefor the words "therefor and, where approval is sought pursuant to subsection (1)(a) for the exercise ofborrowing powers,"; The Public Bodies Management and Accountability (Amendment) Act, 2010 [No.
J 3 (c) inserting, next after subsection (2), the foHowing subsections­ (3) The provision ofsubsection (1) shall not apply " to the Bank ofJamaica in the exercise ofborrowing powers in the performance of functions relating to monetary policy.
(4) At the end of each financial year, the Minister shall make a report to the House ofRepresentatives and to the Senate as to every contravention of subsection (1) occurring in that financial year, and where the Attorney-General has made an application pursuant to section 25(1) or (4), the status of that application.".

4.
4.

Section 6 ofthe principal Actis amended by deleting the full Amendment of section 6 stop appearing at the end ofparagraph (d) and substituting therefor a of principal semicolon, and inserting the following as paragraph (e)- Act. "
(e) notwithstanding the provisions ofany relevant enactment or any constituent document, enter into a performance contract with its Chief Executive Officer (or person performing like duties, by whatsoever title designated), on terms approved by the responsible Minister and the Minister.".
S. Section 7 ofthe principal Act is amended- (a) by deleting from subsection (1) the words "Every Board shall, not later than the 1st day ofJanuary in each year" and substituting therefor the words "The board ofdirectors ofa public body shall, not later than three months before the end ofthe financial year ofthe public body"; Amendment of section 7 of principal Act.

4 [No. )
4 [No. )

The Public Bodies Management and Accountability (Amendment) Act, 2010 (b) by deleting paragraph (b) ofsubsection (3) and substituting therefor the following­ "(b) within one month after delivery of the draft corporate plan in accordance with subsection (1), deliver the fmal corporate plan to­ (i) the responsible Minister; and (n) the Minister for his endorsement.
"; (c) by deleting from subsection (4) the words "give written notice ofsuch modification to the Minister" and substituting therefor the words "deliver the modification to the Minister for his endorsement"; (d) in subsection (5)(a) by inserting, next after the words "responsible Minister", the words "and the Minister"; (e) (f) in subsection (5)(b) by inserting next after the words "responsible Minister" the words "and the Minister,"; by deleting subsection (6) and substituting therefor the following­ (6) The Minister shall, as soon as possible after " endorsing any final corporate plan, orany modification ofa corporate plan, pursuant to this section, cause a copy ofthe plan or modification (as the case may be) to be tabled in the House ofRepresentatives and the Senate for approval.".
Insertion of new section into 7A principal Act.

6.

The principal Act is amended by inserting, next after section 7, the following as section 7A­ 7A.

The Financial Secretary may, from time to "Power to request information.

time, request the board of a public body to supply information on its financial operations, and the board shall comply with the request within such time as may be specified in the request by the Financial Secretary.".
The Public Bodies Management and Accountability (Amendment) Act, 2010 [No.]

5 7.

Section 22 ofthe principal Act is amended in subsection (1) by Amendment of section 22 inserting next after the word "prepared" the words "in the prescribed of principal form and".

Act.

8.
Act.

8.

Section 23 ofthe principal Act is amended by deleting the words Amendment "prepare and submitto the Minister" and substituting therefor the words "prepare, in the prescribed form, and submit to the responsible Minister principal and the Minister".

Act.

of section 230f inserting immediately after the numeral "7" the numeral", 7 A".

9.

Section 25 ofthe principal Act is amended in subsection (4) by Amendment of section 25 of principal Act.
Passed in the House ofRepresentatives this 23rd day ofFebruary, 2010 with one (1) amendment.

DELROY CHUCK Speaker.

Passed in the Senate this 12th day ofMarch, 2010 with three (3) amendments.

OSWALD G. HARDING, OJ., C.D., Q.c.

President.

On the 16th day ofMarch, 2010 the House ofRepresentatives agreed to the amendments made by the Senate.

DELROY CHUCK Speaker.


This printed impression has been carefully compared by me with the Bill which has passed the House of Representatives and Senate, and has been found by me to be a true and correct printed copy ofthe said Bill.

Clerk to the Houses ofParliament.