PUBLIC FINANCE MANAGEMENT BILL, 2018...Clause 14(4) and (5) The fine of “$5 000” was deleted and...
Transcript of PUBLIC FINANCE MANAGEMENT BILL, 2018...Clause 14(4) and (5) The fine of “$5 000” was deleted and...
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PARLIAMENT OF BARBADOS
Bridgetown
REPORT
OF THE
JOINT SELECT COMMITTEE
ON THE
PUBLIC FINANCE
MANAGEMENT BILL 2018
PARLIAMENT OF BARBADOS
Bridgetown
REPORT OF
JOINT SELECT COMMITTEE
ON THE
PUBLC FINANCE MANAGEMENT BILL 2018
1 Pursuant to a Resolution of the House of Assembly on Tuesday 18th
December 2018 and the
concurrence of the Senate on Wednesday 19th
December 2018 a Joint Select Committee
(hereafter referred to as ldquothe Committeerdquo) was constituted to debate and report on-
A Bill to make provision for the improvement of the management of public finance in Barbados
2 The following members were appointed to the Committee-
HON DALE D MARSHALL QC MP
HON WILDFRED A ABRAHAMS MP
HON COLIN E JORDAN MP
HON KIRK D M HUMPHREY MP
HON RYAN R STRAUGHN MP
HON RALPH A THORNE QC MP
BISHOP JOSEPH ATHERLEY JP MP
SENATOR THE HON MS KAY C McCONNEY
SENATOR DR ROMEL O SPRINGER
SENATOR MISS CRYSTAL N DRAKES
SENATOR MS ALPHEA M WIGGINS
3 The Terms of Reference of the Committee were as follows
To inquire into and determine whether the Bill as drafted effectively fulfils the expressed objects
of improving the management of public finance in Barbados
To examine whether the Bill as drafted will upon effective implementation contribute to an ethos
of compliance with the financial rules in government affairs thereby promoting transparency and
accountability
To make recommended changes if deemed necessary to the Bill as drafted for further
consideration by the Chief Parliamentary Counsel
2
4 The Committee has the honour to report as follows-
The Committee scheduled meetings for the following dates Friday 4th
January 2019
Wednesday 9th
January 2019 Friday 11th
January 2019 and Monday 14th
January 2019
The minutes of the meetings are appended hereto and Marked B C D amp E respectively and
form part of this report
The Hon Dale D Marshall was elected Chairman of the Committee in his absence and the Hon
Ryan R Straughn was elected Temporary Deputy Chairman of the Committee and chaired the first
meeting in the absence of the Chairman
The Committee at that first meeting settled on the procedure which governed its deliberation
Those deliberations it determined would not be conducted in public
It should be noted that given the importance of this Bill to the eventual success of the
Governmentrsquos BERT Programme it was critical that work of the Committee be conducted with despatch
The Committee determined it should complete its work by Monday 14th
January 2019 and be in
a position to report to the House by Tuesday 15th
January 2019
The agreed procedure that informed the Committee was for the Committee to examine the Bill
Clause by Clause To that end the Committee commenced its work at the second meeting on 9th
January 2019 where the following amendments were agreed
The reference in the Report to the amendments are obviously to the old Bill at Appendix ldquoArdquo
and those changes are consequently reflected in the New bill at Appendix ldquoFrdquo
Wednesday 9th
January 2019
In Clause 2 ldquopublic office holderrdquo delete the words ldquoHouse of Assembly the Senaterdquo and insert
the word ldquoParliamentrdquo
PART II Clause 6(3) and directed that the word ldquoproviderdquo was deleted and the word ldquosubmitrdquo
substituted therefor
Clause 8(1) the words ldquoarrange to be publishedrdquo were deleted and the word ldquopublishrdquo substituted
therefor
Clause 9 the words ldquoon a temporary basisrdquo were deleted
Under PART III Clause 10 the ldquoRole of Controller Generalrdquo was inserted after that of
ldquoDirector of Financerdquo
3
Clause 14(4) and (5) The fine of ldquo$5 000rdquo was deleted and ldquo$10 000rdquo substituted therefor
Clause 16(b) the word ldquopropertyrdquo appearing after ldquoGovernmentrdquo be capitalised
Bishop Joseph Atherley entered certain reservations with respect to Clause 21 under the caption
ldquoContingenciesrdquo 21 1(a) and (b) especially where it provides for an urgent and unforeseen need for
expenditure The following best encapsulates his concerns and to that extent represents a dissenting view
with respect to that provision Bishop Atherley was of the view that this provision could be subjected to
abuse especially leading up to general elections And that could secure an electoral advantage
Bishop Atherley further suggested that the language of that Clause was not prohibitive enough to
circumscribe a Minister of Finance especially when that Minister is the Prime Minister
Clause 23(1)(b) the words ldquoone weekrdquo and 23(1)(c) the words ldquoone monthrdquo be changed to the
words ldquo28 daysrdquo respectively
Clause 25(2) In the third line the word ldquowasrdquo was inserted between the words ldquoliabilityrsquo and
lsquoincurredrsquo
Clause 36 which speaks to ldquoUnclaimed Trust Assetsrdquo at line 3 the words ldquoConsolidated Fundrdquo
were deleted and the words ldquoGovernment for the use of marine conversation or any other public
interest purpose related to achieving environmental sustainabilityrdquo substituted therefor
Clause 37(7) Delete the words ldquoAccountant-Generalrdquo and substitute the words ldquoDirector of
Financerdquo therefor
Clause 39(4) The words ldquoA Person whordquo appearing at the beginning of clause were deleted and
the words ldquoMinistry or department whichrdquo substituted therefor and the words ldquounless that ministry
or department has a below the line accountrdquo were inserted at the end of the clause after the word
lsquoAccountrdquo
Clause 39(5) was deleted
Clause 41 which speaks to ldquoSettlementsrdquo was deleted and consequential amendments would
have to be made to Clause 43 which speaks to ldquoAccounting for Remissions Write-offs and
Settlementsrdquo
Clause 51 (1) and (3) the words ldquoGovernment Entityrdquo were deleted and the words ldquoCommercial
State-Owned Enterpriserdquo substituted therefor
Clause 52 The word ldquoandrdquo appearing in the third line was deleted and the word ldquoorrdquo substituted
therefor
Clause 60(1) the words ldquoExcept as expressly authorised by any enactment that is consistent
with this Actrdquo were deleted
4
The Committee agreed suggested the words ldquono government guarantee should be given except
with the prior authorisation of Parliamentrdquo be included in the Clause 60 In the amended Bill that
appears ldquoNo guarantee shall be granted by the government without prior authorisation by a
resolution of Parliamentrdquo
Clause 60(2)(a) and (e) were deleted
Clause 61(1) was deleted The Committee agreed that would be redrafted Clause 61(1) based on
Section 34 of the Financial Management and Audit Act Cap 5
EIGHT SCHEDULE
The ldquoController Generalrdquo be included in the Schedule
SIXTH SCHEDULE
The words ldquobefore the dayrdquo and ldquobefore the weekrdquo appearing in Paragraph (b)(i) and (ii) and
(c)(ii) respectively be changed to ldquoas at the date of publicationrdquo
SEVENTH SCHEDULE
Paragraph 4(l) the words ldquoand the Financial Secretaryrdquo and ldquoand completenessrdquo should be
deleted
Friday 11th
January 2019
THIRD SCHEDULE
In paragraph 1 the words ldquopriorities objectives andrdquo and ldquoas a key input into setting the
parametersrdquo were deleted
In paragraph 2(a)(i) the word ldquoout turnsrdquo were deleted and the word ldquooutturnrdquo substituted
therefor
In paragraph 2(a)(ii) the words ldquobudget executionrdquo were deleted and the words ldquoactual
expenditurerdquo substituted therefor
In paragraph 2(a)(iii) insert the word ldquosummaryrdquo between ldquoardquo and ldquoreportrdquo at the beginning of
the paragraph
Paragraph 2(a)(iv) was deleted
In Paragraph 2(b) the word ldquo3rdquo was deleted and the word ldquo2rdquo substituted therefor
Paragraph 2(b)(iv) was deleted thus the numbering sequence was revised
5
Paragraphs 2(c) and (d) were deleted
In paragraph 2(e) the word ldquo3rdquo was deleted and the word ldquo2rdquo substituted therefor
Paragraphs 2(e)(vi) and (vii) were deleted
Paragraph 2(f) was deleted
In paragraph 2(g) the words ldquoand measurable fiscal objectivesrdquo were deleted
In paragraph 2(g)(i) the words ldquomeasurable fiscal objectivesrdquo were deleted and substituted with
the words ldquofiscal targetsrdquo Also the word ldquo3rdquo was deleted and substituted with the word ldquo2rdquo and the
words ldquordquowhere possiblerdquo included after thye word ldquoincludingrdquo
In paragraph 2(g)(i)(B) the word ldquobenefitsrdquo was deleted and substituted with the words
ldquoNational Insurance Contributionsrdquo
Paragraph 2(g)(ii) and (iii) were deleted
Paragraph 2(h)(iii) (iv) and paragraph 2(i) were deleted
In paragraph 2(k) the words ldquoand completenessrdquo were deleted
FOURTH SCHEDULE
In sub-paragraph (a) the words ldquoand assumptionsrdquo were deleted
In sub-paragraph (b)(i) the words ldquoand next 3 years with an explanation of significant differences
to forecasts in the Fiscal Framework and Annual Budgetrdquo were deleted
In sub-paragraph (b)(ii) the words ldquoand next 3 years with an explanation of significant
differences to forecasts in the Fiscal Framework and Annual Budgetrdquo were deleted
In sub-paragraph (b)(iv) the words ldquoand forecast next 3 years with an explanation of how the
forecasts relate to fiscal principles and fiscal objectives in the Fiscal Frameworkrdquo were deleted
In sub-paragraph (b)(v) the words ldquoand next 3 years and explanation of how the forecasts relate
to the fiscal principles and fiscal objectives in the Fiscal Framework in the short and Medium Termrdquo
were deleted
Paragraphs (c) (d) and (e) were deleted
In Paragraph (f) the word ldquoappropriationrdquo was deleted and replaced with the word ldquoheadrdquo
In paragraph (g) the words ldquoa summary ofrdquo was inserted at the beginning of sub-paragraph (g)(i)
and (g)(ii) Also in sub-paragraph (g)(ii) the words ldquoincluding showing separately all new unpaid
invoices since the stock of arrears was last reportedrdquo were deleted
6
FIFTH SCHEDULE
Under the Fifth Schedule the word ldquoGovernmentrdquo was replaced with the words ldquoState-Owned
Enterpriserdquo and the caption should read ldquoContents for Annual Report of the performance of State-
Owned Enterpriserdquo
SIXTH SCHEDULE
In sub-paragraph (a) ldquo(c)rdquo was deleted
In sub-paragraphs (b)(i)ii
SEVENTH SCHEDULE
In Paragraph 1 The word ldquo3rdquo was deleted and the word ldquo2rdquo substituted therefor
In Paragraph 3 sub-paragraphs (c) (d) and (e) were deleted
In Paragraph 4 sub-paragraphs (b) (e) (f) and (i) were deleted
In sub-paragraphs (g) and (h) the words ldquoa summaryrdquo were inserted at the beginning of the each
sentence
EIGHTH SCHEDULE
In sub-paragraph (c) the words ldquooutside of the Government of Barbadosrdquo were deleted and the
words ldquoa representative of the Institute of Chartered Accountants of Barbadosrdquo were substituted
therefor Inserted within that list was 2 persons ldquoa person appointed by the Minister as a
representative of a trade union and ldquoa person appointed by the Minister as a representative of
the private sectorrdquo
Paragraph 3 was deleted
Clause 80 which dealt with ldquoAccounting Officerrdquo was moved to PART III Roles and Responsibilities
The Committee agreed that the proper order for the Roles and Responsibilities as follows
1 Role of Minister
2 Role of Minister responsible for Finance
3 Role of the Director of Finance
4 Role of Controller General
5 Role of a Permanent Secretary
6 Role of the Accountant-General
7 Role of a Chief Executive Officer
7
The role of the Controller General was taken from the role of the Accountant-General and there would
be some overlapping
The Role of the Controller General is as follows
(a) setting the accounting standards consistent with generally accepted practice
(b) publishing the accounting standards on an official website of the Government
(c) ensuring all Public Entities and State Owned-Enterprises have in place proper expenditure
control mechanisms in accordance with this Act
(d) ensuring every Public Entity and State Owned-Enterprises adopts a proper system of accounts
and all money received and paid by the Government is brought promptly and properly to
account
(e) exercising supervision over the receipt of revenue and securing its punctual collection except
where those responsibilities are by law assigned to the Barbados Revenue Authority or other
public officer or public office holder
The Controller General
(i) shall enforce the accounting standards for the Government and State Owned Enterprises
including for Public Entities
(ii) shall at all times have access to all Public Entities or places where accounting for
services take place or accounting records are kept
(iii) may require access to records and require any information records or explanations from
a public officer or public office holder or former public officer or public office holder
necessary for the performance of the responsibilities of the Controller General
(iv) may examine and report to the Director of Finance on the financial and accounting
operations of a Public Entity
(v) may provide accounting and other services in connection with the financial management
of a Public Entity and
(vi) within his area of responsibility and his powers may issue instructions in writing to
Chief Executive Officers of Public Entities and to persons to whom Chief Executive
Officers have delegated their responsibilities under this Act
8
In conducting an audit or examination or carrying out responsibility under this Act or
any other enactment the Controller General may
(a) summon and examine upon oath declaration or affirmation a person with respect to
any matter related to the audit examination or other responsibility and
(b) require a person to produce any records or information with respect to any matter
related to the audit examination or other responsibility
The Controller General may delegate to a public officer or public office holder any of his
responsibilities or powers other than the power under subsection (2)(g)
The Controller General and any delegate shall be accountable for discharging his
responsibilities and exercising his powers under this Act and any other enactment in
relation to financial administration with diligence and honesty and is subject to discipline
under the applicable enactment for failing to do sordquo
In relation to the Accountant-General Clause 14(2)(f) was deleted
In Clause 83(2) the words ldquo2 weeksrdquo were deleted and the words ldquo28 daysrdquo substituted therefor
In Clause 83(3) the words ldquo2 weeksrdquo were deleted and the words ldquo14 daysrdquo substituted therefor
In Clause 84 (1) the word ldquo15th
rdquo be deleted and the word ldquo31strdquo be substituted therefor
In Clause 90 (3) insert the words ldquo including Commercial State-Owned Enterprisesrdquo after the
word ldquoEnterpriserdquo in both the second and third lines
In Clause 92 The Caption should read ldquoMinister for a State-Owned Enterprise or Commercial
State-Owned Enterpriserdquo
In Clause 92 (3) The words ldquoact jointly with the other share-holding Ministerrdquo appearing after
the word ldquoshallrdquo were deleted
In Clause 93 The words ldquoa Share-holding Minister orrdquo were deleted
Clauses 97 98 99 101 and 102 were deleted
In Clause 110 The words ldquoof the boardrdquo appearing after the word ldquomeetingrdquo were deleted and in
ldquo(c) the words ldquo3 yearsrdquo were deleted and the wordsrdquo2 yearsrdquo were substituted therefor
In Clause 112 and 113 The words ldquoShare-holdingrdquo appearing before the word ldquoMinistersrdquo was
deleted wherever it appeared The Committee agreed that the words ldquoShare-holdingrdquo appearing before
the word ldquoMinistersrdquo wherever it appeared in the Bill be deleted
In Clause 114 (c) the word ldquo3rdquo was deleted and the word ldquo2rdquo substituted therefor
9
Clauses 116 and 117 were deleted
In Clause 119 (1) the words ldquoperiodic reportsrdquo appearing after the word ldquopreparedrdquo were
deleted After further discussion the Committee on the suggestion of Minister R Straughn agreed that
under the ldquoRole of Ministerrdquo should be the ability of the Minister to request a report of the State-Owned
Enterprises and Commercial State-Owned Enterprises at will
In Clause 120 (2) The word ldquo30th
rdquo appearing before the word ldquoOctoberrdquo wwas deleted and the
word ldquo31strdquo substituted therefor
In Clause 121 The words ldquoAt least once per yearrdquo were deleted and the words ldquoevery 2 yearsrdquo
were substituted therefor Further in (c) the words ldquo3 yearsrdquo were deleted and the wordsrdquo2 yearsrdquo were
substituted therefor
In Clause 122 Sections ldquo(3) and (4)rdquo were deleted
In PART X The Committee agreed with the suggestion of Ms S Belle that that section be
renamed ldquoMEASURESrdquo
Clause 124 (2) (a) was deleted
In Clause 125 (2) the word ldquo$170 000rdquo was deleted and the word ldquo$100 000rdquo substituted
therefor
In Clause 126 (2) (g) was deleted
In Clause 127 After the words ldquoAuditor Generalrdquo the words ldquoPermanent Secretaries
Comptroller General Accountant-General or any public officerrdquo were inserted
The Chairman spoke to a Cabinet Paper relative to amending the Procurement Rules He gave
way to Hon Ryan R Straughn who explained that in relation to procurement the policy decision by the
Government is to give disable persons a part of Government procurement (5) depending on the age
Ms Belle indicated that that would be after the Bill has been passed
The Committee then turned its attention to Clauses 45 46 and 47 which would also be included
within the Cabinet Paper and would be included under PART XI MISCELLANEOUS Ms Belle stated
that these would be treated as Remissions
Ms Belle queried Clause 136 Commencement The timeline of January 31st 2019 was for the
purpose of the BERT Programme The Committee agreed to leave it at a date fixed by Proclamation
which would be September 2019
Monday 14th
January 2019
10
The Committee agreed that in light of Clause 121 of the Bill the reinsertion of Clause 116 which
was previously deleted from the Bill
The title of the post agreed to by Cabinet was ldquoComptroller Generalrdquo and not ldquoController-
Generalrdquo The Bill would be amended to reflect this correction throughout
Clause 125 which was previously amended by deleting the word $170 000rdquo and substituting the
word ldquo$100 000rdquo was further amended by deleting the word ldquo$100 000rdquo and substituting the word
ldquo$200 000rdquo therefor
Clause 74 (2) was amended by deleting the word ldquo$5 000rdquo and substituting the word ldquo$10 000rdquo
therefor
Clause 46 (3) was deleted and the words ldquoOn the next sitting of Parliament following the
purchase of securities under subsection (3) the Minister responsible for Finance shall haverdquo
substituted therefor
20181213
OBJECTS AND REASONS
This Bill would make provision for the improvement of the management ofpublic finance in Barbados
Arrangement of Sections
PART I
PRELIMINARY
Short title
Interpretation
Construction
Application
PART II
FISCAL RESPONSIBILITY
Fiscal Responsibility Principles
Fiscal Framework
Mid-Year Review Report and Annual Report
Pre-election Economic and Fiscal Update Report
Deviation from fiscal objectives
1
2
3
4
5
6
7
8
9
2
PART III
ROLES AND RESPONSIBILITIES
Role of Minister
Role of Minister responsible for Finance
Role of a Permanent Secretary
Role of the Director of Finance
Role of the Accountant-General
Role of a Chief Executive Officer
Responsibilities of a public officer and a public office holder
Representations to the Minister
Liability for funds
PART IV
ANNUAL BUDGET AND AUTHORISATION OF EXPENDITURE
Annual Budget
Appropriations
Contingencies
Parliament approval of Annual Budget
Publication of Annual Budget
10
11
12
13
14
15
16
17
18
19
20
21
22
23
3
Supplementary Estimates and Supplementary Appropriations
Lapse of Appropriations and Warrants
Financial Memorandum
PART V
FINANCIAL MANAGEMENT
Authorisation of ExpenditureAuthorisation of Expenditure
Control of Expenditure
Commitments
Virements
Cash ManagementCash Planning and Management
Consolidated Fund Special Funds Trust AssetsConsolidated Fund
Charges on the Consolidated Fund
Special funds
Trust Assets
Unclaimed Trust Assets
24
25
26
27
28
29
30
31
32
33
34
35
36
4
Banking ArrangementsTreasury Account
Fees and ChargesFees and Charges
GrantsRequirements for Grants
Remissions Write-offs and SettlementsRemissions
Settlements
Write-offs
Accounting for Remissions Write-offs and Settlements
Financial Asset ManagementMedium-Term Financial Asset Management Strategy
Deposit of Excess Moneys
Authorised Investments and Investment Requirements
Securities
Crediting Interest from Investments
Loans by the Government to be authorized by Parliament
Appropriation Necessary for Lending
37
38
39
40
41
42
43
44
45
46
47
48
49
50
5
Investment in a Government Entity
Loans to be Secured
Liability ManagementLiability Management
Authority to Borrow and Guarantee
Borrowing for Current Requirements
Borrowing for Non-current Requirements
Payment of Loan Moneys into Consolidated Fund
Minister may change form of Public Debt
Debt is a charge on the Consolidated Fund
Guarantee that imposes a liability on the Government
Payments are debts due to Government
Reporting
Internal AuditInternal Audit Office
Functions of the Internal Audit Office
Director of Internal Audit
Internal audit offices in Public Entities
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
6
Internal Audit Committee
Duties of the Internal Audit Committee
Internal Audit Standing Instructions
Internal Audit Requirements of a Commercial State-Owned Enterprise
PART VI
AUDITOR-GENERAL
Duties of Auditor-General
Certification of Pensions
Auditor-Generalrsquos Report
Powers of Auditor General
Authorisation to perform duties
Examination of accounts on request
Fees for auditing accounts
Engagement of services by Auditor-General
Officers of the Audit Office
67
68
69
70
71
72
73
74
75
76
77
78
79
7
PART VII
ACCOUNTS AND REPORTS
AccountsAccounting Officers
Standing instructions to Accounting Officers
Timing of accounting for moneys recovered
Reporting and Transparency RequirementsMonthly Reports
Mid-Year Review Report
Financial Statements of the Government
Annual Report on Non-Financial Performance
Publication of Financial Statements and Annual Report of the Government
Public Accounts Committee
PART VIII
MINISTRY ACCOUNTABILITY
Performance of Ministry
Agreements and Review of Performance of Ministry
80
81
82
83
84
85
86
87
88
89
90
8
PART IX
ACCOUNTABILITY
General MattersClassification of Entities
Minister for a State-Owned Enterprise
Specific responsibilities of Minister responsible for Finance
Board of a Commercial State-Owned Enterprise and a State-OwnedEnterprise
Nomination of Directors
Training of Directors of a State-Owned Enterprise or a Commercial State-Owned Enterprise
Board Monitor
Dismissal of a Director of a State-Owned Enterprise
Dismissal of a Director of a Commercial State-Owned Enterprise
Chief Executive Officer of a State-Owned Enterprise and a CommercialState-Owned Enterprise
Status of an employee of a Commercial State-Owned Enterprise and aState-Owned Enterprise
Ministerial Standing Instructions
Standing Instructions of the Minister responsible for Finance
91
92
93
94
95
96
97
98
99
100
101
102
103
9
Accounting Standards
Protection of Commercially Sensitive Information
Financial year for Public Entities and Commercial State-OwnedEnterprises
State-Owned Enterprise AccountabilityAnnual Plan of a State-Owned Enterprise
Mid-Year and Annual Report of a State-Owned Enterprise
Performance Agreements and Reviews
Public Meeting of a State-Owned Enterprise
Commercial State-Owned Enterprise AccountabilityObjective of a Commercial State-Owned Enterprise
Timing Statement of Corporate Intent and Annual Plan
Contents of Statement of Corporate Intent
Contents of Annual Plan
Statement of Corporate Intent and Annual Plan
Introduction into Parliament and publication of Statement of CorporateIntent and Annual Plan
Dividend
Service Agreements
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
10
Periodic Reports Mid-Year Reports and Annual Reports
Reviews of Performance
Public Meeting of a Commercial State-Owned Enterprise
Government Share-Holding
PART X
SANCTIONS
Application of sanctions
Financial Misconduct
Criminal Proceedings
Institutional measures
Surcharge by Director of Finance
Notification of Surcharge
Withdrawal of Surcharge
Right of Appeal
Recovery of Loss
PART XI
MISCELLANEOUS
Rules
119
120
121
122
123
124
125
126
127
128
129
130
131
132
11
Amendment of Schedules
Savings
Repeal
Commencement
133
134
135
136
12
FIRST SCHEDULE
State Owned Enterprises
SECOND SCHEDULE
Commercial State-Owned Enterprises
THIRD SCHEDULE
Contents of Fiscal Framework
FOURTH SCHEDULE
Contents of the Mid-Year Review Report
FIFTH SCHEDULE
Contents for Annual Report of the Performance of Government
SIXTH SCHEDULE
Contents for the Pre-Election Economic and Fiscal Update
SEVENTH SCHEDULE
Contents for the Annual Budget
EIGHTH SCHEDULE
Internal Audit Committee
13
BARBADOS
A Bill entitled
An Act to make provision for the improvement of the management of publicfinance in Barbados
ENACTED by the Parliament of Barbados as follows
PART I
PRELIMINARY
Short title
This Act may be cited as the Public Finance Management Act 2018
Interpretation
In this Act
ldquoaccounting officerrdquo is an officer designated as such by the Director of Financepursuant to section 80
ldquoAnnual Budgetrdquo means the Annual Estimates required by section 19 thedocuments specified in the Seventh Schedule and any other documents theMinister responsible for Finance considers necessary
ldquoAnnual Estimatesrdquo means the Annual Estimates of revenue expenditure andfinancing referred to in section 19
ldquoAppropriationrdquo means a sum voted by Parliament in the form of the AnnualEstimates or Supplementary Estimates and authorized as expenditure by anAppropriation Act or Supplementary Appropriation Act but does not includestatutory expenditure authorised as a charge on the Consolidated Fund oron the general revenues and assets of Barbados under an Act according tosection 109 of the Constitution
ldquoAppropriation Actrdquo means an Act to appropriate sums necessary to meet theAnnual Estimates of expenditure in a Financial Year
ldquoAuditor-Generalrdquo means the public office established by section 113 of theConstitution
ldquoAudit Opinionrdquo means a certification by an auditor that accompanies financialstatements based on an audit of an accountants opinion on the procedures
1
2
16
and records used to produce the statements regardless of whether materialmisstatements exist in the financial statements
ldquoChief Executive Officerrdquo means the manager of a Public Entity or a CommercialState-Owned Enterprise
ldquocommitmentrdquo means the creation of a legal obligation to purchase goods orservices
ldquoCommercial State-Owned Enterpriserdquo means
an entity owned or controlled by the Government that provides servicesin the market or undertakes commercial activities and
specified in the Second Schedule
ldquoconflict of interestrdquo means
using an official position or information or influence from suchposition to further the private interests of the official or another personor
receiving a benefit of any kind that may reasonably be perceived tocompromise the officialrsquos judgement integrity or behaviour in hisofficial capacity
ldquoConsolidated Fundrdquo means the Fund established by section 107 of theConstitution
ldquoDirector of Financerdquo means the most senior management position in theMinistry responsible for Finance
ldquoEstimatesrdquo means Annual Estimates or Supplementary Estimates
ldquoExpenditure Headrdquo means a sum arranged by a Head classification andappropriated by an Appropriation Act
ldquoFinancial Memorandumrdquo means the Memorandum prepared by a Ministerpursuant to section 26
ldquoFinancial Statementsrdquo means the Statement referred to in section 85
(a)
(b)
(a)
(b)
17
ldquoFinancial Yearrdquo means the 12 months beginning on the 1st day of April andending on the 31st day of March
ldquoFiscal Frameworkrdquo means the document prepared by the Ministry responsiblefor Finance pursuant to section 6
ldquoGovernmentrdquo means the Government of Barbados
ldquoGovernment Propertyrdquo includes physical assets and financial assets in thepossession or under the control of the Government that is not property heldin trust
ldquoGuaranteerdquo means a legal obligation to pay a loan or other monetary obligationor to perform an act or obligation that is defaulted on by the borrower
ldquoInternal Audit Committeerdquo means the Committee referred to in section 67
ldquoInternal Audit Officerdquo means the Department referred to in section 63
ldquoMedium-Termrdquo means a minimum of 3 years and up to 5 years
ldquoNegotiable Instrumentrdquo means a cheque draft travellerrsquos cheque bill ofexchange postal note money order or other similar instrument and anyelectronic instrument that has the same effect
ldquooutput agreementrdquo means the output targets achieved during the financial yearbased on measurable targets agreed to at the start of the financial year
ldquoPermanent Secretaryrdquo has the meaning assigned to it by the Public ServiceAct Cap 29
ldquoPublic Accounts Committeerdquo means the Committee established by section 3 ofthe Public Accounts Committee Act Cap 10A
ldquoPublic Entityrdquo means a Ministry or Department of Government with the statusof a Ministry or State-Owned Enterprise but shall not include a CommercialState-Owned Enterprise
18
ldquopublic moneyrdquo means money belonging or payable to or received collected orheld by for or on behalf of the Government and includes
all revenues or other money raised payable or received for the purposeof the Government
all money held whether temporarily or otherwise by a public officeror public office holder in his official capacity either alone or jointlywith any other person whether or not that other person is a public officeror public office holder and
Negotiable Instruments
ldquopublic office holderrdquo means the holder of an elected or appointed office in Houseof Assembley the Senate the Judiciary Government a Governmentappointee to a board or commission or other advisory or governanceposition and includes but is not limited to Ministers constitutional officeholders and appointees to Government advisory bodies and to boards ofState Owned Enterprises and Commercial State-Owned Enterprises and thestaff supporting the public office holder including the staff of those referredto in section 117(7) of the Constitution
ldquopublic officerrdquo has the meaning assigned to it by section 117(1) of theConstitution
ldquoPublish on an official website of the Governmentrdquo means publishing thedocument on a website administered by the Government a Public Entityor a Commercial State-Owned Enterprise in a place on the website that isreadily accessible by the public and for a period of not less than 5 years fromthe date of making the document available on the website
ldquoremissionrdquo includes a waiver of all or part of a payment of a tax fee interestpenalty or other sum owed to the Government
ldquoMinisterrdquo means the Minister with responsibility for a Public Entity orCommercial State-Owned Enterprise
(a)
(b)
(c)
19
ldquoMinistryrdquo means the Ministry with oversight responsibilities for a Public Entityor Commercial State-Owned Enterprise
ldquosecuritiesrdquo means bonds debentures promissory notes treasury bills and otherdocuments evidencing debt and includes documents commonly known assecurities and electronic instruments that have the same effect
ldquosinking fundrdquo means a Fund for which provision is made in relation toGovernment securities under this Act or under any other enactment
ldquospecial fundrdquo means a fund referred to in section 34
ldquostatement of responsibilityrdquo means the statement signed by the Ministerresponsible for Finance and the Director of Finance pursuant to paragraph2(k) of the Third Schedule
ldquostatement of social responsibilityrdquomeans a statement summarising the serviceswhich the Government requires a Commercial State-Owned Enterprise toprovide
free at the point of delivery or
at a lower cost than it would be on a normal commercial basis
ldquoState-Owned Enterpriserdquo means
an entity of the Government that is not a Ministry and is not aCommercial State-Owned Enterprise and
is specified in the First Schedule
ldquostatutory entityrdquo means any corporation company board commissionauthority or other entity established by or under an enactment to providegoods or services to the public or to fulfil regulatory or other Governmentfunctions and such entity shall be classified as either State-OwnedEnterprise in the First Schedule or a Commercial State-Owned Enterprisein the Second Schedule
ldquostatutory expenditurerdquo has the meaning assigned to it by section 109(7)(b) ofthe Constitution
(a)
(b)
(a)
(b)
20
ldquoSupplementary Appropriation Actrdquo means an Act to appropriate sums of moneynecessary to meet the Supplementary Estimates of expenditure for servicesin a Financial Year in accordance with section 109 of the Constitutionand
ldquoSupplementary Estimatesrdquo means Supplementary Estimates of expenditurerevenue or financing
Construction
Where a conflict arises between an enactment with the exception ofthe Constitution and the provisions of this Act this Act and any rules made underthis Act shall prevail
Application
This Act shall apply to a Public Entity Commercial State-OwnedEnterprise public officer and public office holder unless otherwise stated in thisAct
PART II
FISCAL RESPONSIBILITY
Fiscal Responsibility Principles
The Government shall comply with the following fiscal responsibilityprinciples
achieving and maintaining a prudent level of public debt
managing fiscal risks in a prudent manner and
pursuing macro-economic stability inclusive growth and inter-generational equity
3
4
5(1)
(a)
(b)
(c)
21
The Government shall set measurable fiscal objectives for the fiscalresponsibility principles and shall report on the achievement of the fiscalobjectives to Parliament and the public as required by this Act
The Government shall use revenue in excess of Estimates in the executionof the Annual Budget to reduce debt and shall not use such revenues for additionalexpenditure unless appropriated by Parliament under section 24
Fiscal Framework
The Ministry responsible for Finance shall prepare a document to beknown as the ldquoFiscal Frameworkrdquo which shall review the performance of theprevious financial year against the fiscal objectives present a macro-economicoutlook and set out the fiscal objectives and policies for the medium term
The Fiscal Framework shall include the information and statements set outin the Third Schedule
The Minister responsible for Finance shall provide the Fiscal Frameworkto the Cabinet for approval no later than 31st July of the year preceding the AnnualBudget
The Fiscal Framework shall be laid in Parliament for information by theMinister responsible for Finance no later than 15th August of the year precedingthe Annual Budget
The Fiscal Framework shall be debated in Parliament and anyrecommendations in respect of the Fiscal Framework shall be considered by theCabinet
The Cabinet shall not be required to make changes recommended pursuantto subsection (5) subject to subsection (6)
The Minister responsible for Finance shall have laid in Parliament anexplanation of why the Government is not adopting part or all of therecommendations made under subsection (5) no later than 21 days after makingthe Cabinet decision on the recommendations
(2)
(3)
6(1)
(2)
(3)
(4)
(5)
(6)
(7)
22
The Director of Finance shall publish
the Fiscal Framework on an official website of the Government on theday the Fiscal Framework is laid in Parliament and shall make theFiscal Framework available to the public in printed form as soon aspracticable and
the recommendations of Parliament on the Fiscal Framework and theresponse of the Government on an official website of the Governmentno later than 3 weeks after the day the document containing theresponse of the Government is laid in Parliament
any changes made to the Fiscal Framework in response to therecommendations of Parliament on an official website of theGovernment no later than 3 weeks after the changes are agreed to bythe Cabinet
Mid-Year Review Report and Annual Report
The Ministry responsible for Finance shall include information onprogress against the Fiscal Framework in a Mid-Year Review Report as specifiedin the Fourth Schedule by 15th October each year
The Ministry responsible for Finance shall include information on progressagainst the Fiscal Framework in the Annual Report of the Performance ofGovernment specified in Fifth Schedule
Pre-election Economic and Fiscal Update Report
The Ministry responsible for Finance shall not earlier thanNomination Day and no later than 5 working days after Nomination Day arrangeto be published on an official website of the Government a Pre-electionEconomic and Fiscal Update Report which shall include the information andstatements specified in Sixth Schedule
Nothing in this section shall affect the setting of the polling date for theelection
(8)
(a)
(b)
(c)
7(1)
(2)
8(1)
(2)
23
Deviation from fiscal objectives
The Government may deviate from the fiscal objectives stated in theFiscal Framework on a temporary basis where that deviation is due to asignificant unforeseeable event that cannot be accommodated through the use ofother measures provided for in this Act or prudent fiscal policy adjustments
PART III
ROLES AND RESPONSIBILITIES
Role of Minister
A Minister shall
oversee and direct the Public Entity or Commercial State-OwnedEnterprise under his responsibility to achieve the performancespecified in the
Annual Budget and the Annual Plan in respect of a Public Entityand
Statement of Corporate Intent and the Annual Plan in respect of aCommercial State-Owned Enterprise and
have the responsibilities with regard to a Public Entity and aCommercial State-Owned Enterprises specified in Part VIII and PartIX
Role of Minister responsible for Finance
The Minister responsible for Finance is responsible for
facilitating adherence to the fiscal responsibility principles and otherrequirements specified in this Act
9
10
(a)
(i)
(ii)
(b)
11(1)
(a)
24
managing the fiscal performance fiscal risks and report on the financialposition of the Government as a whole
ensuring that the Governmentrsquos plans are fully consistent with the fiscalresponsibility principles of this Act and the fiscal objectives in the mostrecent Fiscal Framework
overseeing the preparation of the Fiscal Framework the AnnualBudget including the Annual Estimates the Mid-year Review theFinancial Statements and other Government financial reports requiredto be produced for the Cabinet and Parliament
ensuring that the Annual Budget is executed as appropriated byParliament and as authorized for statutory expenditure and managedso as to comply with this Act
management of Government assets and liabilities as required by thisAct
exercising general control of the Ministry
supervising any Public Entity or Commercial State-Owned Enterprisefor which he is responsible by virtue of being a Share-holding Ministeror the Minister responsible for that entity
oversight and policy development for the financial management ofPublic Entities and Commercial State-Owned Enterprises
such other matters assigned to the Minister under an enactment or byadministrative authority
The Minister responsible for Finance shall from time to time determine theformat contents timing and quality of information to be provided in the budgetsplans reports and other documents required by this Act
The Minister responsible for Finance may enter into and executeagreements on behalf of the Government in relation to matters of a financialnature
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)
(3)
25
Role of a Permanent Secretary
A Permanent Secretary where designated as an accounting officerunder section 80 shall be responsible for
administering the Expenditure Head or part of an Expenditure Head inthe Annual Budget that is under the control of the Public Entity
administering each item or part of an item of Statutory Expenditure inthe Annual Budget or under an Act that is under the control of the PublicEntity
administering each item of revenue or part of an item of revenue in theAnnual Budget that is under the control of the Public Entity
providing policy advice to the Minister
assisting the Minister to oversee the entities that he is responsible for
other functions as defined in rules made under this Act for accountingofficers and
other responsibilities set out in section 15
Role of the Director of Finance
The Director of Finance shall be responsible for assisting the Ministerresponsible for Finance in the discharge of his responsibilities and shall managethe Ministry of Finance to provide the following functions
economic and fiscal policy advice
preparation of the Fiscal Framework and Annual Budget
management of the Annual Budget process
setting standards for the financial management systems and processesand monitoring the performance of such systems and processes
treasury services including banking and cash management
12
(a)
(b)
(c)
(d)
(e)
(f)
(g)
13(1)
(a)
(b)
(c)
(d)
(e)
26
management of Government assets and liabilities
project assessment advice and monitoring
setting the statistical reporting standards for all Public Entities andCommercial State-Owned Enterprises
overseeing the setting of the accounting standards by the Accountant-General
ensuring that information systems are designed in accordance withaccounting and reporting standards
ensuring that all Public Entities and Commercial State-OwnedEnterprises report on their true and fair financial position
Government financial reporting including producing the FinancialStatements and Government financial reports required by this Act
monitoring of the Governmentrsquos financial interests in entities to whichthis Act applies including managing the Governmentrsquos ownershipinterests in State Owned Enterprises and Commercial State-OwnedEnterprises
monitoring and managing the fiscal risks of the Government
designation of accounting officers and
other functions required by an enactment or administrative authority
The Director of Finance
shall at all times have access to all Public Entities and CommercialState-Owned Enterprises and places where accounting for servicestakes place or accounting records are kept
may require a public officer or public office holder to furnish anyinformation and provide access to any documents or information thatthe Director of Finance considers necessary and
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(2)
(a)
(b)
27
may delegate any of his responsibilities or powers to the Accountant-General or any other appropriate public officer
The Director of Finance and any delegate is accountable for discharginghis responsibilities and exercising his powers under this Act or any otherenactment in relation to financial administration with diligence and honesty andis subject to discipline under the applicable enactment for failing to do so
Role of the Accountant-General
The Accountant-General shall be responsible for
setting the accounting standards consistent with generally acceptedpractice
publishing the accounting standards on an official website of theGovernment
maintaining the accounts of the Government so as to show the currentstate of the Consolidated Fund and other funds and the financialposition of the Government
receiving and banking or overseeing the receipt and banking of publicmoney and overseeing its disbursement including overseeing theopening and closing of bank accounts
ensuring all Public Entities have in place proper expenditure controlmechanisms in accordance with this Act
maintaining arrangements for the management of the Governmentrsquoscash
preparing the Financial Statements and any other financial statementsor reports required by the Minister responsible for Finance or theDirector of Finance
verifying that payments are processed in accordance with this Act andrefusing payment on any invoice which is incorrect or insufficient incontent or which contravenes this Act or any other Act or that is in
(c)
(3)
14(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
28
his opinion in any other way unacceptable in support of a charge onpublic monies
ensuring payments are processed within the agreed contractual timefor payment
ensuring in any instance of having less cash available than necessaryto meet all payments due payments are made in accordance withprotections and priorities in the law
ensuring every Public Entity adopts a proper system of accounts andall money received and paid by the Government is brought promptlyand properly to account
reporting to the Director of Finance in writing any apparent defect inthe control of revenue expenditure or money or any breach orcontravention of this Act or any other enactment by a Public EntityCommercial State-Owned Enterprise or service that may come to orbe brought to his notice
exercising supervision over the receipt of revenue and securing itspunctual collection except where those responsibilities are by lawassigned to the Barbados Revenue Authority or other public officer orpublic office holder
such responsibilities as are assigned to him under an enactment oradministrative authority
The Accountant-General
shall enforce the accounting standards for the Government includingfor Public Entities
shall at all times have access to all Public Entities or places whereaccounting for services take place or accounting records are kept
may require access to records and require any information records orexplanations from a public officer or public office holder or former
(i)
(j)
(k)
(l)
(m)
(n)
(2)
(a)
(b)
(c)
29
public officer or public office holder necessary for the performance ofthe responsibilities of the Accountant-General
may examine and report to the Director of Finance on the financial andaccounting operations of a Public Entity
may provide accounting and other services in connection with thefinancial management of a Public Entity
may station a person employed in the Ministry responsible for Financeor engaged by the Ministry responsible for Finance in any Public Entityor place where accounting for a Public Entity takes place when theAccountant-General considers it necessary to discharge hisresponsibilities and
within his area of responsibility and his powers may issue instructionsin writing to Chief Executive Officers of Public Entities and to personsto whom Chief Executive Officers have delegated their responsibilitiesunder this Act
In conducting an audit or examination or carrying out any responsibilityunder this Act or any other enactment the Accountant-General may
summon and examine upon oath declaration or affirmation a personwith respect to any matter related to the audit examination or otherresponsibility and
require a person to produce any records or information with respect toany matter related to the audit examination or other responsibility
A person summoned under subsection (3)(a) who without reasonableexcuse fails to obey the summons is guilty of an offence and is liable on summaryconviction to a fine of $5 000 or to imprisonment for a term of 12 months or toboth
A person who refuses to produce any records or information as requiredunder subsection (3)(b) is guilty of an offence and is liable on summary
(d)
(e)
(f)
(g)
(3)
(a)
(b)
(4)
(5)
30
conviction to a fine of $5 000 or to imprisonment for a term of 12 months or toboth
The Accountant-General may delegate to a public officer or public officeholder any of his responsibilities or powers other than the power undersubsection (2)(g)
The Accountant-General and any delegate shall be accountable fordischarging his responsibilities and exercising his powers under this Act and anyother enactment in relation to financial administration with diligence and honestyand is subject to discipline under the applicable enactment for failing to do so
For the purposes of subsection (1)(a) ldquogenerally accepted accountingpracticerdquo means
the International Public Sector Accounting Standards issued by theInternational Federation of Accountants
where no guidance is provided by the Standards mentioned inparagraph (a) the Accounting Standards issued by the InternationalAccounting Standards Board or
where no guidance is provided by the Standards specified in paragraph(a) or (b) accounting practice that is generally accepted within theaccounting profession in Barbados as appropriate for reporting by thepublic sector including statutory bodies
Role of a Chief Executive Officer
A Chief Executive Officer shall manage the assets and liabilities ofthe Public Entity or Commercial State-Owned Enterprise
in accordance with this Act and any other relevant enactment and
to achieve the performance required in the Annual Budget and theapproved Annual Plan and for a Commercial State-Owned Enterprisethe approved Statement of Corporate Intent and the Annual Plan
(6)
(7)
(8)
(a)
(b)
(c)
15(1)
(a)
(b)
31
A Chief Executive Officer shall be responsible for
the prompt collection and receipt of the revenue of the entity
the control of and accurate and timely accounting and reporting forexpenditure revenues assets and liabilities of the entity and
the control of and accurate and timely accounting and reporting forpublic money and all other money and property received by orcontrolled by or in the custody of the entity in accordance with thisAct and any other relevant enactment
A Chief Executive Officer shall ensure that the plans budgets and reportsare provided as required by this Act
A Chief Executive Officer is not absolved of responsibilities by reason ofthe proper discharge by the Accountant-General or the Auditor-General of hisresponsibilities such as the acceptance for deposit of money by the Accountant-General or by reason of the auditing of the accounts by the Auditor-General
A Chief Executive Officer and any delegate is accountable for discharginghis responsibilities under this Act or rules made under this Act and other relevantenactment with diligence and honesty and is subject to discipline and othersanctions under the applicable enactment for failing to do so
Responsibilities of a public officer and a public office holder
A public officer or public office holder who in the discharge of hisresponsibilities as a public officer or public office holder comes into thepossession or control of
public money that he knows or has reason to believe is intended to bepaid to or received by the Government
securities that are Government property and that are intended to beplaced on deposit with or entrusted to the Government or
electronic instruments relating to money or property that are intendedto be controlled by the Government
(2)
(a)
(b)
(c)
(3)
(4)
(5)
16
(a)
(b)
(c)
32
shall without delay deliver the money securities or control of the electronicinstruments relating to money or property to the public officer responsible forthem or to the Accountant-General
Representations to the Minister
An accounting officer of a department shall in writing promptly makea representation to a Minister in respect of a decision of the Minister that relatesto the financial administration of the department where the accounting officerdisagrees with the decision and the accounting officer
is unable to defend the decision as a prudent financial administrativedecision or
regards the decision as inconsistent with his obligation to ensure thatthe financial administration of the department is carried out
to avoid waste of moneys
with propriety
Subject to subsection (1) the accounting officer shall in the representationstate the decision of the Minister with which he disagrees and the reasons for thedisagreement
Notwithstanding subsection (2) where the Minister adheres to his decisionthe Minister shall in writing communicate his adherence to the accountingofficer and the accounting officer shall carry the decision into effect
Liability for funds
Notwithstanding section 17 where an accounting officer of adepartment objects to a decision of a Minister that relates to the financialadministration of the department and the objection involves the liability of the
17(1)
(a)
(b)
(i)
(ii)
(2)
(3)
18(1)
33
accounting officer for moneys of the department or the regularity or propriety ofpayment of moneys of the Government the accounting officer shall
state in writing the
decision of the Minister
objection to the decision and
reasons for the objection
only authorise payment of moneys of the Government or make apayment of moneys of the Government where the Minister overrulesthe objection
Where a payment is made under subsection (l)(b) the accounting officershall immediately
inform the Director of Finance and the Accountant-General in writingof the circumstances of the payment and
forward the documentation that relates to the payment to the Auditor-General
Notwithstanding subsection (1)(b) and subsection (2) where loss wastageor improper use of moneys of the Government occurs as a result of the decisionof the Minister the Minister is liable for the loss wastage or improper use of themoneys of the Government
PART IV
ANNUAL BUDGET AND AUTHORISATION OF EXPENDITURE
Annual Budget
The Annual Budget shall contain revenue financing and expenditureEstimates and annexes including the information set out in the SeventhSchedule
(a)
(i)
(ii)
(iii)
(b)
(2)
(a)
(b)
(3)
19(1)
34
The Annual Budget shall present the financial information on a gross basis
The Annual Budget documents shall be accompanied by
an Appropriation Bill as the basis for approving expenditure
annual plans for Public Entities and Commercial State-OwnedEnterprises
The Annual Budget shall be laid by the Minister responsible for Financein Parliament no later than 15th March of the year prior to the year to which itrelates
Appropriations
The Appropriations shall be presented by Expenditure Heads whichshall be expenditure to be administered by a specified Ministry or other PublicEntity
The Appropriations shall be authorised in the Appropriation Act and shallbe made for one year
Contingencies
The Minister responsible for Finance may include in theAppropriations an Expenditure Head to be known as ldquoContingenciesrdquo which shall
provide for an urgent and unforeseen need for expenditure and
not exceed 3 per cent of the recurrent expenditure specified in theAppropriation Act
The Cabinet may authorize a charge for the purpose of Contingencieswhere it has received justification in writing from the Minister responsible forFinance
The Auditor-General in scrutinizing the utilization of the ContingenciesExpenditure Head shall assess whether the funds have been allocated and utilizedin the manner consistent with this Act and shall report to Parliament on anyimproper utilization of funds specified by the Contingencies Expenditure Head
(2)
(3)
(a)
(b)
(4)
20(1)
(2)
21(1)
(a)
(b)
(2)
(3)
35
The Minister responsible for Finance shall issue a warrant to authorise acharge on the Consolidated Fund made pursuant to this section
Parliament approval of Annual Budget
Parliament shall approve the Annual Budget for the forthcomingfinancial year no later than 31st March of the financial year prior to the year towhich the Annual Budget relates
The Ministry responsible for Finance shall be responsible for
the technical preparation of any proposal by Parliament to amend theAnnual Budget and Bills to implement the Annual Budget and
ensuring that the numbers contained in such proposals are accurate
Publication of Annual Budget
The Minister responsible for Finance shall publish on an officialwebsite of the Government
the proposed Annual Budget on the same day the Annual Budgetdocuments are laid in Parliament
the Annual Budget approved by Parliament no later than one week afterthe date the Annual Budget was approved and
a summary of the Annual Budget within one month after the date theAnnual Budget is approved
The
proposed Annual Budget
Annual Budget approved by Parliament and
summary of the Annual Budget
referred to in subsection (1) shall be made available to the public in printed formas soon as practicable
(4)
22(1)
(2)
(a)
(b)
23(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
36
Supplementary Estimates and Supplementary Appropriations
Any expenditure proposed during the year by a Public Entity that isnot within the Appropriations approved by Parliament in the Annual Budget shallbe
funded through the virements authorized under this Act
deferred until future budget years if this can be done withoutsubstantially harming the public interest or
if funding by the ways set out in paragraphs (a) and (b) is not possiblethen Supplementary Estimates and Supplementary Appropriation Billshall be presented to the House of Assembly as required by section 109of the Constitution and this section
Where in respect of any Financial Year it is found
that the amount appropriated by the Appropriation Act for any purposeis insufficient or that a need has arisen for expenditure for a purposefor which no amount has been appropriated by the Appropriation Actor
that any moneys have been expended for any purpose in excess of theamount appropriated for that purpose by the Appropriation Act or fora purpose to which no amount has been appropriated by theAppropriation Act
Supplementary Estimates showing the sums required or spent shall be laid beforeParliament and when the Supplementary Estimates have been approved byParliament a Supplementary Appropriation Bill shall be introduced intoParliament as required by section 109 of the Constitution providing for a chargeon the Consolidated Fund for such sums and appropriating them to purposesspecified therein
The Supplementary Estimates and Supplementary Appropriation Bill shallbe accompanied by an explanation from the Minister responsible for Finance as
24(1)
(a)
(b)
(c)
(2)
(a)
(b)
(3)
37
to the impact of the additional expenditure or financing on the Governmentrsquosperformance against the fiscal objectives in the Fiscal Framework
The Government may propose Supplementary Estimates and aSupplementary Appropriation Bill to reduce expenditure or reallocateexpenditure when such reallocation is not within the power of the Governmentto make without an appropriation
Lapse of Appropriations and Warrants
The balance in an Appropriation that has not been expended at the endof the Financial Year after adjustment for the recording of liabilities referred toin subsection (2) and any warrant in relation to the balance of the Appropriationshall lapse
A liability incurred by the Government before the end of the Financial Yearthat remains unpaid at the end of the Financial Year shall be included in theaccounts for the Financial Year in which the liability incurred for theAppropriation to which it relates
All settlements of liabilities shall be in accordance with this Act but nothingin this section permits the recording of a payment that is in excess of the balanceavailable in the Appropriation
The liability recorded as a charge under subsection (1) may be dischargedor settled no later than 30 days after the end of the Financial Year
No warrant shall be issued by the Minister responsible for Finance formovements of funds for a Financial Year after the end of the Financial Year towhich the warrant is being issued in
Financial Memorandum
A Minister who proposes any measure or action that has financialimplications requiring the approval of the Cabinet shall prepare and submit tothe Minister responsible for Finance a Financial Memorandum containing aprojection of the financial implications for the short medium and long term
(4)
25(1)
(2)
(3)
(4)
(5)
26(1)
38
The Minister responsible for Finance shall provide an opinion in writingto the Cabinet on whether the proposed measure or action should proceed
PART V
FINANCIAL MANAGEMENT
Authorisation of Expenditure
Authorisation of Expenditure
Sections 109 and 110 of the Constitution shall apply in respect of theauthorisation of expenditure of public money
Control of Expenditure
An accounting officer shall provide spending procurement and cashplans to the Ministry responsible for Finance by no later than one week after theapproval by Parliament of the Appropriation Bill or such other date as specifiedby the Director of Finance
Where an accounting officer fails to supply the information as required bysubsection (1) the Minister responsible for Finance may suspend the warrant orpart of the warrant to authorise commitments for which there are no plans
Commitments
A public officer or public office holder shall not commit theGovernment to any financial liability unless specifically authorized to do sopursuant to this Act or any other enactment
An accounting officer and the Chief Executive Officer of a Public Entityshall maintain arrangements to ensure that any commitment made
is authorized pursuant to this Act or any other enactment
does not exceed the approved warrant and
(2)
27
28(1)
(2)
29(1)
(2)
(a)
(b)
39
is in accordance with the procedures of the Ministry responsible forFinance to control commitments and requirements stated in any otherrelevant enactment
An accounting officer and the Chief Executive Officer of a public entityshall maintain a proper record of all financial commitments chargeable to eachAppropriation and item of expenditure
Where an accounting officer public officer or public office holder makesa commitment in contravention of the procedures to control commitments theDirector of Finance shall assess whether a surcharge should be imposed
Virements
The Government shall not vire funds between Expenditure Headswithout prior authorization by Parliament through Supplementary Estimates anda Supplementary Appropriation Bill or resolution
The Director of Finance may authorise an accounting officer by way of awarrant to
vire funds within an expenditure head between non-salary recurrenteconomic items as specified in any rules made under this Act or
vire capital funds within an expenditure head between projects if theprojects have the same source of funding
The Director of Finance shall not issue a warrant to authorise the movementof funds
from an amount for a transfer to an entity or transfer to an individualor benefits for a class of persons to any other economic classificationof expenditure
from an amount for capital expenditure to non-capital expenditure or
from a transfer for a Public Entity or Commercial State-OwnedEnterprise for the purposes of expenditure on wages and relatedbenefits
(c)
(3)
(4)
30(1)
(2)
(a)
(b)
(3)
(a)
(b)
(c)
40
Subject to the restrictions in this section virements within and betweenprograms and within and between sub-programs in the same Expenditure Headshall be made in accordance with any rules made under this Act
When making virements of expenditure the accounting officer shall haveregard to the obligation to deliver the performance in the Annual Budget andAnnual Plan in relation to the funds appropriated and the Director of Financeshall have regard to such obligation in issuing a warrant
The accounting officer shall submit a report on the details of any virementsmade under this section and the performance of the service affected to theMinistry responsible for Finance in the form and within the time-frame set by theMinistry responsible for Finance
The Minister responsible for Finance shall report twice yearly toParliament on all virements made under this section and the performance of theAppropriations affected in the Mid-Year Review Report and FinancialStatements
Cash Management
Cash Planning and Management
The Director of Finance through the Accountant-General shall
establish effective procedures for the planning and management of cashwhich may include a cash management committee
inform the Ministers Permanent Secretaries and other Chief ExecutiveOfficers of Public Entities of the approved Annual Estimates under theresponsibility of the Minister to be administered by the Public Entity
require a Public Entity to prepare an annual cash plan specified bymonth for revenues expenditures and financing and to periodicallyupdate the plan and
(4)
(5)
(6)
(7)
31(1)
(a)
(b)
(c)
41
review the revenue expenditure and financing plans and cash forecastseach month against actual results revise the forecasts and adjust theplans and cash forecasts as necessary
The Chief Executive Officer shall ensure that the cash management plansprovided to the Accountant-General are consistent with the timing of plannedpurchases and are regularly updated
Consolidated Fund Special Funds Trust Assets
Consolidated Fund
There is a Consolidated Fund as established by section 107 of theConstitution
Subject to the provisions of this or any other Act for the time being in forceall public money shall be credited to the Consolidated Fund and banked into theTreasury Account or a sub-account of the Treasury Account
Charges on the Consolidated Fund
No sum shall be charged on the Consolidated Fund or warrant issuedexcept upon the authority of an Appropriation Act the Constitution or any otherenactment
Any sums issued in accordance with subsection (1) shall be disposed offor meeting the cost of the public services specified by the Appropriation Act forthe financial year during which the withdrawal is to take place or for servicesotherwise lawfully charged on the Consolidated Fund
The public debt of Barbados including the interest on that debt sinkingfund payments and redemption moneys in respect of that debt and the costscharges and expenses incidental to the management of that debt shall be a chargeon the Consolidated Fund as stated by section 111 of the Constitution
(d)
(2)
32(1)
(2)
33(1)
(2)
(3)
42
Special funds
A special fund may be established by an enactment for a specificpurpose and such fund shall be held or administered by the Government
The enactment referred to in subsection (1) shall specify
the purpose of the special fund
the money to be credited to the special fund and
the public officer or public office holder responsible for the accountingmanagement monitoring and reporting of the special fund
Where the termination of a special fund is not provided for in an enactmentthe Minister responsible for Finance may terminate a special fund that hasfulfilled its objectives and is not required for a public purpose and all moneys ofthe special fund shall be credited to the Consolidated Fund
Trust Assets
All trust assets shall be accounted for separately from other publicassets
Subject to any other enactment and the trust instrument the Accountant-General shall be responsible for trust assets and shall manage or arrange for themanagement of such assets
The Accountant-General may charge an administration fee which shall bededucted from the trust assets or from income from those assets and such feeshall be no more than 15 per cent
The Accountant-General may invest any trust assets for such periods andon such terms and conditions as are beneficial to the trust and in accordance withthe trust instrument and an enactment applying to the trust
No person shall have any right of action against the Accountant-Generalor the Government in respect of any investment or non-investment of any moneyto which this section relates
34(1)
(2)
(a)
(b)
(c)
(3)
35(1)
(2)
(3)
(4)
(5)
43
Unclaimed Trust Assets
Any trust assets that are unclaimed for a period of 3 years after havingbecome payable to any person entitled thereto together with interest if anyadded thereto shall be transferred to the Consolidated Fund
Where a person claims any trust assets which have been transferred to theConsolidated Fund and establishes a claim to the satisfaction of the Accountant-General the money shall be paid to that person out of the Treasury Account onthe authority of this section and without appropriation
Banking Arrangements
Treasury Account
The Bank Account of the Government to be known as the TreasuryAccount shall be the principal bank account of the Government and shall beopened maintained and operated by the Accountant-General
Subject to the provisions of this Act and any rules made under the Act theAccountant-General shall be responsible for the general management andsupervision of the cash transactions and accounting operations of the Governmentand shall be accountable for all public monies received by the Accountant-General
No Public Entity shall open a bank account in respect of public moneywhether in or outside of Barbados without the prior written authorisation of theDirector of Finance
The Accountant-General shall designate a bank with which the Treasuryaccount shall be established and shall authorize the opening of sub-accounts indomestic and foreign commercial banks to act as transitory bank accounts tofacilitate the collection of public money including revenues of Public Entitiesgrants and loan funds and for processing payments
36(1)
(2)
37(1)
(2)
(3)
(4)
44
A bank holding public money shall provide information to the Ministerresponsible for Finance Director of Finance or Accountant-General in the formand by the time requested
The Director of Finance may close or direct the closure of a bank accountof a Public Entity and may issue instructions in writing respecting the bankingof the money from the bank account and the bank shall comply with suchinstructions
The Accountant-General may issue a direction regarding the bank accountsof a Commercial State-Owned Enterprise where the Accountant-Generalconsiders it necessary in the public interest to issue such a direction
The Accountant-General may determine the accounts in the names ofPublic Entities public officers or public office holders or their offices in any bankwhich shall be included in the Treasury Account and the financial statements ofthe Government
The Accountant-General shall maintain an up-to-date list of theGovernment entities required to use the Treasury Account and shall ensure thatis it published on an official website of the Government
Fees and Charges
Fees and Charges
A Public Entity may levy fees and charges in accordance with anenactment or authorisation in writing by the Minister responsible for Financeconsistent with the Laws of Barbados
(5)
(6)
(7)
(8)
(9)
38
45
Grants
Requirements for Grants
The Government may accept a grant that has been approved in theAnnual Budget or by the Cabinet after considering the advice of the Ministerresponsible for Finance and the Minister
A Minister who proposes to recommend to the Cabinet that donor fundingbe accepted shall provide the Minister responsible for Finance with fullinformation on the donor funding including the projected amount anycounterpart funding and implications for recurrent costs
The Director of Finance on behalf of the Government shall receive allgrants made to the Government by a foreign Government or any other entity orperson and shall ensure that the grants are credited to the Consolidated Fund andbanked in the Treasury Account
A person who receives grant funding or loan funding shall immediatelytransfer the funds to the Accountant-General to be credited to the ConsolidatedFund and banked in the Treasury Account
Where a person contravenes section (4) that contravention shall beconsidered to be financial misconduct pursuant to section 124 and the matter maybe referred to the Director of Public Prosecutions where it is suspected that acrime has been committed
Each Public Entity that administers a donor project shall use the accountingand auditing procedures of the Government
The Ministry responsible for Finance shall not release funding for donorprojects to a Public Entity unless such funding is accounted for as donor revenuein the Governmentrsquos accounting system
The Public Entity responsible for an agreement with a donor shall ensurethat the agreement requires the donor to provide information to the Ministryresponsible for Finance on all payments made by the donor under such agreement
39(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
46
Remissions Write-offs and Settlements
Remissions
Subject to this Act or rules made under this Act and any otherenactment no sums due to the Government by way of revenue and no other publicmoneys may be remitted except
in the case of sums not exceeding $100 000 under the authority of theMinister responsible for Finance and
in the case of sums exceeding $100 000 under the authority of theCabinet and
where a detailed statement of all amounts so remitted shall be auditedand submitted by the Auditor-General to the House of Assembly inaccordance with section 43
A recommendation by the Minister responsible for Finance to the Cabinetfor a remission under this section shall include a report that contains
a description of the proposed remission including the full value of theremission
the names and addresses of all beneficiaries of the proposed remissionsincluding in respect of a company the names and addresses of theshareholders
a statement of the reasons the Minister responsible for Financeconsiders the proposed remission to be in the public interest or that ahardship or injustice has or is likely to result
an analysis of the costs and benefits of the proposed remission
the conditions if any to which the remission is subject and
a list of the value of all remissions that have been granted to each andevery one of the beneficiaries of the proposed remission in the past 10years
40(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
47
The Minister responsible for Finance or the Cabinet as the case may beshall only grant a remission where satisfied that it is in the public interest or thata hardship or injustice has or is likely to result
Settlements
Where a claim is made on behalf of the Government whether or notproceedings have been commenced and the official with authority to act onbehalf of the Government is satisfied that it is in the public interest to enter intoan agreement to settle the claim for a specified amount whether or not the amountis less than the amount of the claim the official with authority to act on behalfof the Government may settle the claim for the amount in full satisfaction of theclaim
The official with authority to act on behalf of the Government referred tosubsection (1) shall submit a report of a settlement agreement made pursuant tosubsection (1) to the Accountant-General pursuant to the preparation of thesummary statement required by section 43
Write-offs
The Director of Finance may by certificate write-off all or part of adebt due to the Government that he determines that
he is unable to collect or
the collection of which would not be cost effective
The write-off of all or part of a debt does not extinguish the right of theGovernment to collect the debt
The Director of Finance may delegate the authority to make write-offs andsuch delegation may be general or may relate to a class or classes of write-offsand may be made subject to conditions
(3)
41(1)
(2)
42(1)
(a)
(b)
(2)
(3)
48
Accounting for Remissions Write-offs and Settlements
A summary statement of
remissions settlements and write-offs in this Act and
remissions write-offs and settlements made under the authority of anyother Act shall be included in the Financial Statements
A summary statement is sufficient if it identifies the type of remissionwrite-off or settlement and the names of the persons affected including for acompany the names of the shareholders and the total value of each type ofremission write-off or settlement and in the case of a remission write-off orsettlement made under the authority of any other law the authority for it
The Accountant-General shall ensure that the summary statement
is available for inspection by the public in a register in the Ministryresponsible for Finance during usual business hours and on an officialwebsite of the Government and
continues to be so available until the Financial Statements containingthe summary statement are laid in Parliament and for 10 yearsthereafter
The register referred to in subsection (3) may be in such form as theAccountant-General determines provided that it contains at least the informationrequired by this section
Financial Asset Management
Medium-Term Financial Asset Management Strategy
The Minister responsible for Finance shall present with the AnnualBudget a Medium-Term Financial Asset Management Strategy
43(1)
(a)
(b)
(2)
(3)
(a)
(b)
(4)
44(1)
49
The Medium-Term Financial Asset Management Strategy shall include theprinciples applied by the Government to the management of its investmentportfolio and the acceptable investment instruments having regard to risk
Deposit of Excess Moneys
The Accountant-General may in such manner and at such rates ofinterest as the Director of Finance may approve place on deposit at such bankor banks as the Accountant-General may determine such public moneys as maynot be immediately required to meet current transactions
Authorised Investments and Investment Requirements
The Minister responsible for Finance having regard to the Medium-Term Financial Asset Management Strategy shall authorise the investment ofmoney forming part of the Consolidated Fund or held in a Special Fund or otherfund for which provision is made by or under an enactment
with a registered bank
in deposits with the Central Bank
in securities approved in accordance with subsection (3) or
in a manner authorised by law for the investment of moneyadministered by a trustee
The Minister responsible for Finance may if he is satisfied that it is in thepublic interest and with the prior approval of Parliament authorise the Directorof Finance to purchase Securities consistent with the Medium-Term FinancialAsset Management Strategy with money credited to the Consolidated Fund
Within one week of purchasing securities under subsection (3) the Ministerresponsible for Finance shall have
a report laid in Parliament containing the full details of the Securitiespurchased including the investment grade rating if any and
(2)
45
46(1)
(a)
(b)
(c)
(d)
(2)
(3)
(a)
50
a copy of the agreement made in relation to the purchase together withthe most recent annual financial statements laid in Parliament wheresecurities in either domestic of foreign companies are purchased
Securities
A security taken in respect of a loan shall be taken in the name of theGovernment
The Minister responsible for Finance may on behalf of the Governmentdo any of the things in respect of or in connection with the security that couldbe done by the Government including exercising any powers functions andrights
Crediting Interest from Investments
The interest or dividends received from an investment under this Actfrom money from a special fund sinking fund or trust account in a sub-accountof the Treasury Account shall be credited to the fund or trust from which themoneys came to make the investment
Loans by the Government to be authorized by Parliament
The Government shall not lend public money to any personGovernment entity private sector entity or any other entity unless authorized byan Act or a resolution of Parliament
The Government shall not request a resolution of Parliament to authorizea loan from the Government to a person or Government entity private sectorentity or other Government or any other entity unless the loan is
to meet a legal obligation or
required in order to properly perform a function of Government and
for a loan over the value of $100 000
(b)
47(1)
(2)
48
49(1)
(2)
(a)
(b)
(c)
51
Appropriation Necessary for Lending
Any lending under section 49 shall be made from an Appropriation
Investment in a Government Entity
Subject to the provisions of any other enactment and consistent withthe Medium-Term Financial Asset Management Strategy the Ministerresponsible for Finance may invest money by way of capital injection in aGovernment entity only by way of a capital contribution appropriated byParliament
All shares held in an entity by the Government shall be held in the nameof the Government of Barbados
All rights and powers attaching to the shares in a Government entityincluding the power of sale or disposition held by the Government shall beexercised by the Government in accordance with the Laws of Barbados
Loans to be Secured
A loan given by the Government to a person Government entityprivate sector entity other Government or any other entity shall be secured byway of a loan agreement and a debenture mortgage or other suitable instrumentdepending on the circumstances of the loan
Liability Management
Liability Management
The Minister responsible for Finance shall present a Medium-TermDebt Management Strategy with the Annual Budget to Parliament
The Medium-term Debt Management Strategy shall be consistent with thefiscal responsibility principles set out in section 5
50
51(1)
(2)
(3)
52
53(1)
(2)
52
The Minister responsible for Finance shall ensure the financing needs ofthe Government are met and payment obligations are made at the lowest possiblecost over the medium term to the long term with a prudent degree of risk
Authority to Borrow and Guarantee
No money shall be raised on the credit of the Government to beguaranteed by the Government except under the authority of an Act or of aresolution of Parliament and any such resolution shall be made prior to the loanbeing contracted or a guarantee granted
Notwithstanding any other enactment it shall not be lawful for theGovernment a Public Entity or a Commercial State-Owned Enterprise to borrowfrom or to give a Government guarantee to any person entity or otherGovernment entity unless the Minister responsible for Finance has approvedsuch borrowing or guarantee in writing and the requirements of this Act arecomplied with
A loan or guarantee that contravenes this Act shall be null and void
Borrowing for Current Requirements
The Minister responsible for Finance may in a Financial Year whenauthorised by resolution of Parliament for the purpose of meeting currentrequirements borrow money from a bank or other financial institution by meansof temporary advances overdraft treasury bills or other similar means subject tothis Act or rules made under this Act and other relevant enactments
Where the Minister responsible for Finance in a Financial Year whenauthorised by resolution of Parliament for the purpose of meeting currentrequirements borrows money from the Central Bank of Barbados by means oftemporary advances the amount shall not exceed 75 per centum of the net receiptsof the estimated revenue of the Government for that financial year
The Minister responsible for Finance shall ensure that any borrowingpursuant to this section is consistent with the Fiscal Responsibility Principles
(3)
54(1)
(2)
(3)
55(1)
(2)
(3)
53
pursuant to section 5 the Fiscal Framework pursuant section 6 and the AnnualBudget pursuant to section 19
Subject to subsection (1) no Government bank account shall be overdrawnnor any temporary advance obtained from a bank unless authorized by aresolution in Parliament
The interest of all advances referred to in this section shall be charged onthe Consolidated Fund
Borrowing for Non-current Requirements
The Minister responsible for Finance shall determine how money isto be raised for non-current requirements having regard to the Medium-TermDebt Strategy
Where the money is to be raised by the issue and sale of GovernmentSecurities the Minister responsible for Finance may determine having regard tothe Medium-Term Debt Strategy any matter with respect thereto including butnot limited to
the principal amount of the Government Securities to be issued
the rate of interest payable and the rate of any premium or discountapplicable to the Government Securities
the currency in which the principal amount of the GovernmentSecurities and any interest or premium are payable
the sale price of the Government Securities
the form denomination and dates of issue and maturity of theGovernment Securities and
any other terms and conditions of the Government Securities
When raising money by the issue and sale of Government Securities theMinister responsible for Finance shall satisfy any jurisdiction with respect to the
(4)
(5)
56(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(3)
54
offer issue sale and trade of securities and other transactions relating to securitiesin the jurisdiction including without limitation
the preparation approval filing or delivery of a prospectus or otherdocument or any amendment or supplement to any of them
the registration qualification or exemption from registration orqualification of the Government under the laws of the jurisdictionregarding the offer issue sale or trade of Securities
the listing and trading of securities on a stock exchange
the disclosure of financial and other information
entering into agreements with respect to the offer issue sale or tradeof Securities or other transactions relating to Securities includingunderwriting and similar agreements
providing for the establishment and operation of Sinking Funds inrelation to Government Securities and
the execution of all documents and instruments in relation to mattersdescribed in this subsection
Payment of Loan Moneys into Consolidated Fund
Notwithstanding any enactment to the contrary any money raised byloan or by the sale of Government Securities shall be credited to the ConsolidatedFund and paid into the Treasury Account
Minister may change form of Public Debt
Subject to subsection (2) and subject to the consent of the creditorholding the public debt or where the Minister responsible for Finance is entitledto do so the Minister responsible for Finance may change the form of the publicdebt or part of the public debt
(a)
(b)
(c)
(d)
(e)
(f)
(g)
57
58(1)
55
The Minister responsible for Finance shall not make a change in the formof the public debt or part of the public debt that has the effect of increasing thepresent value of the public debt except with the approval of Parliament
Debt is a charge on the Consolidated Fund
Section 111 of the Constitution applies in relation to debt charges onthe Consolidated Fund
Guarantee that imposes a liability on the Government
Except as expressly authorised by any enactment that is consistentwith this Act it shall not be lawful for any person to give a guarantee or indemnitythat imposes a contingent liability on the Government
A guarantee shall
comply with this Act and any other enactment authorising theguarantee and where there is a conflict between this Act and any otherenactment this Act shall prevail
be a formal guarantee and not a letter of comfort or othercommunication purporting to commit the Government to obligationsin the nature of a guarantee that is inconsistent with this Act
meet the criteria for guarantees specified in rules made under this Act
comply with the fiscal responsibility principles in this Act the fiscalobjectives in the Fiscal Framework and be consistent with theMedium-Term Debt Strategy and
be authorized by a resolution of Parliament as required by section 54
The Government shall not be liable for any implied guarantees asserted byany individual or entity and shall only be liable for formal guarantees given inaccordance with this Act
A resolution of Parliament referred to in this section shall be published inthe Official Gazette no later than 2 weeks after making the resolution
(2)
59
60(1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(4)
56
Payments are debts due to Government
Any money paid by the Minister responsible for Finance pursuant toany guarantee indemnity or security given under this Act or any other Act andthe expenses associated with the guarantee indemnity or security shall constitutea debt due to the Government from the public officer public office holder PublicEntity Commercial State-Owned Enterprise or individuals in respect of whomthe guarantee indemnity or security was given and shall be recoverable as suchby standing instructions from the Minister responsible for Finance
Subject to the terms of the instrument authorizing the guarantee indemnityor security the debt shall be repaid over such period of time and on such termsand conditions as the Minister responsible for Finance specifies
A debt referred to in subsection (1) is recoverable in any court and may bepaid over such period of time and on such terms and conditions as agreed by theMinister responsible for Finance
Reporting
In addition to the reporting required in this Act the Ministerresponsible for Finance shall publish information in the Financial Statements ofthe Government describing the loans taken and guarantees given during thatFinancial Year
The Ministry responsible for Finance shall maintain memorandumaccounts of the loans taken by the Government and shall arrange repayment inaccordance with the legal obligations
The Ministry responsible for Finance shall ensure that the memorandumincludes information on the principal terms of repayment amounts drawninterest and service charges accrued principal and interest paid and the balanceoutstanding and shall make the memorandum available in a timely way to theMinisters and Parliament if requested
61(1)
(2)
(3)
62(1)
(2)
(3)
57
The Ministry responsible for Finance shall in addition to the informationand reporting on loans and guarantees required in this section and other sectionsin this Act provide a report at least every quarter to the Cabinet summarising theposition with loans guarantees and other liabilities
A Public Entity and a Commercial State-Owned Enterprise shall maintainrecords and provide reports to the Ministry responsible for Finance on loansguarantees and other liabilities as required by rules made under section 132
Internal Audit
Internal Audit Office
There shall be a department of the Ministry responsible for Financeknown as the Internal Audit Office which shall be responsible generally forconducting audits of Public Entities
The internal audit function shall operate in a manner consistent withInternational Auditing Standards to evaluate and improve risk managementcontrol and governance processes in relation to Public Entities
Functions of the Internal Audit Office
The responsibilities of the Internal Audit Office shall include
publishing on an official website of the Government standards andprocedures consistent with international standards for the conduct ofinternal audit activities
preparing the Government level annual audit plan that shall providecoverage of major risks and exposures across Public Entities and StateOwned Enterprises
assessing the risk management control and governance processes forPublic Entities and State Owned Enterprises including whether
risks are appropriately identified and managed
(4)
(5)
63(1)
(2)
64
(a)
(b)
(c)
(i)
58
public moneys and assets are adequately safeguarded and usedas intended
financial and operating information is accurate completereliable and timely
ethical standards and values are established and followed
applicable laws policies and procedures are complied with and
resources are applied to achieve the strategic objectives of theentity and the Government
providing assurance to the Chief Executive Officer that operations arebeing carried out economically efficiently effectively
providing the Chief Executive Officer with professional and impartialopinions and advice on systems of risk management control andgovernance with recommendations concerning activities reviewedand
monitoring and reporting on the implementation of recommendationsarising from audit reports
Director of Internal Audit
The Internal Audit Office shall be managed by a Director of InternalAudit or other appropriate public officer designated by the Minister responsiblefor Finance
The Director of Internal Audit shall report for management purposes to theDirector of Finance and for functional purposes to the Internal Audit Committee
The Director of Internal Audit shall manage the internal audit function ofPublic Entities having regard to the technical and professional advice of theInternal Audit Committee
(ii)
(iii)
(iv)
(v)
(vi)
(d)
(e)
(f)
65(1)
(2)
(3)
59
The Director of Internal Audit and officers assigned to the Internal AuditOffice of the Ministry responsible for Finance shall have access to
the premises property information and records in any form of a PublicEntity and
Public Officials and public officer holders
to seek explanations necessary to conduct an audit
The Director of Internal Audit shall provide a copy of each audit report tothe
Director of Finance
Internal Audit Committee
Chief Executive Officer of the Public Entity audited and
Auditor-General
The Director of Finance shall where he determines to be necessary directthe establishment of internal audit offices within Public Entities
Internal audit offices in Public Entities
Where a Public entity has an internal audit office that Public Entityshall submit a copy of the internal audit report of that entity to the
Director of Finance
Internal Audit Committee and
Auditor-General
when requested to do so by the Director of Finance
Internal Audit Committee
There shall be a Committee which shall be known as the ldquoInternalAudit Committeerdquo
(4)
(a)
(b)
(5)
(a)
(b)
(c)
(d)
(6)
66
(a)
(b)
(c)
67(1)
60
The provisions of the Eighth Schedule have effect with respect to theconstitution of the Committee and otherwise in relation thereto
Duties of the Internal Audit Committee
The Internal Audit Committee shall
review the work of the internal auditors of the Government
recommend and periodically review an internal audit charter for theGovernment for approval by the Director of Finance
provide advice to the Director of Finance on the sufficiency ofresources of the Internal Audit Office in the Government
review and recommend for approval by the Director of Finance anannual internal audit plan which shall include the resources for theInternal Audit Office the scope of work and planned activities
adopt standards consistent with international internal auditingstandards and set requirements for the internal audit work in theGovernment including the content timing and circulation of internalaudit reports and shall communicate such standards and requirementsto public officers and public office holders including internal auditors
review and recommend for approval internal audit reports andcorresponding management action plans to address recommendations
require public officers or public office holders to attend meetings toexplain the reasons for deficiencies in internal audit reports and theplans and actions to correct such deficiencies
review reports on progress against the internal audit plan and requestsfrom Permanent Secretaries other Chief Executive Officers publicofficers or public office holders for advice audit of projects fraudinvestigations or other assistance
assess and make recommendations to improve the performance of theinternal auditors of the Government
(2)
68
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
61
provide advice to the Director of Finance on the recruitmentappointment and performance management of the Director of InternalAudit
provide the Director of Internal Audit with direct access to the InternalAudit Committee and
refer matters for consideration by the appropriate authorities includingthe Director of Public Prosecutions Accountant-General and thePolice where the Internal Audit Committee has made a decision that areferral is necessary
Internal Audit Standing Instructions
The Director of Finance may after consulting with the Internal AuditCommittee issue standing instructions to Public Entities State OwnedEnterprises or Commercial State-Owned Enterprises consistent with this Act
Internal Audit Requirements of a Commercial State-OwnedEnterprise
The board of directors of each Commercial State-Owned Enterpriseshall be responsible for establishing and maintaining an internal audit functionconsistent with International Auditing Standards
PART VI
AUDITOR-GENERAL
Duties of Auditor-General
The Auditor-General is the auditor of the financial statements for theGovernment of Barbados
(j)
(k)
(l)
69
70
71(1)
62
The Auditor-General shall also
be responsible for the audit and inspection of all public accountswhether such accounts are of general revenue credited to andexpenditure met from the Consolidated Fund or of special funds ordepartmental accounts and statutory bodies which receive all or part oftheir funds from the Consolidated Fund
apply to the public accounts such an examination as will enable him toascertain that in his opinion the accounts are kept on a proper systemthat they are punctually and properly posted and that checks againstirregularity and fraud are adequate and effective
prepare and deliver an audit opinion to the entity whose statementshave been audited
satisfy himself that all standing instructions enactments and other lawsof Barbados relating to finance and accounts are strictly observed and
examine and in accordance with the outcome of his examination reporton the several statements and accounts which are required to besubmitted to him under this Act
The Auditor-General may carry out examinations into the economicalefficient and effective use of resources of any Ministry or Department or anyother entity required to be audited by him
Subsection (3) shall not be construed as entitling the Auditor-General toreview the merits of the policy objectives of Government in respect of anyMinistry Department or statutory body
The Auditor-General may refer matters for consideration by theappropriate authorities including the Director of Public ProsecutionsAccountant-General and the Police where the Auditor-General has made adecision that a referral is necessary
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(4)
(5)
63
Certification of Pensions
The Auditor-General shall examine the calculations and computationsof all pensions and gratuities or similar awards before any award is made andshall certify that they are arithmetically correct and are in accordance with allstatutory provisions relating thereto
Auditor-Generalrsquos Report
The Auditor-General shall report annually as soon as possible and notlater than the last day of December following the close of each financial year theresults of his examination of the accounts and any failure to observe theenactments or other laws of Barbados
Notwithstanding subsection (1) the Auditor-General may at any time ifit appears to him to be desirable transmit to the House of Assembly a specialreport on any matter incidental to his powers and duties under this Act
The estimates of expenditure of the office of the Auditor-General shall betransmitted to the House of Assembly through the Public Accounts Committeeand the Public Accounts Committee shall consider the estimates in accordancewith subsection (4)
In considering the estimates of expenditure under subsection (3) the PublicAccounts Committee shall ensure that the estimates of expenditure are adequateto enable the Auditor-General to fulfil the responsibilities of the office of Auditor-General and for this purpose may make comments for the consideration of theAuditor-General who shall consider the comments and if necessary revise theestimates of expenditure for re-submission to and approval by the PublicAccounts Committee
Every report of the Auditor-General shall be addressed to the Speaker ofthe House of Assembly who shall lay the report before the House of Assemblyas soon as possible after the report is received by him
72
73(1)
(2)
(3)
(4)
(5)
64
A copy of every report of the Auditor-General shall also be transmitted tothe Senate for information
Powers of Auditor General
For the purpose of his examination under section 71(3) the Auditor-General is at all times entitled to
have access to all books records including data held or storedelectronically vouchers payment requests documents returns cashstamps securities stores or other property in whatever form existingin the possession of the audited body and every facility shall be givenfor carrying out the examination
send for and have custody of any books accounts vouchers paymentrequests papers data held or stored electronically or any otherinformation in whatever form existing under the control of the auditedbody relating to the matter under examination and to keep such booksaccounts vouchers payment requests or papers for such time as hemay require them
call upon any officer for any explanation and information the Auditor-General may require in order to enable him to discharge his duties
require any department concerned to furnish him from time to time orat regular periods with accounts of the transactions of such departmentup to the date as he may specify
without payment of any fee cause a search to be made in and extractsto be taken from any book document or record in any public office
summon and examine upon oath declaration or affirmation (whichoath declaration or affirmation the Auditor-General is herebyempowered to administer) all persons whom he thinks fit to examinerespecting
the receipt or expenditure of money
(6)
74(1)
(a)
(b)
(c)
(d)
(e)
(f)
(i)
65
the receipt or issue of any stores affected by this Act and
all other matters and things whatever necessary for the dueperformance of his functions
and any person so summoned is upon production of a certificate of theAuditor-General entitled to payment for his attendance in accordance withthe provisions of the Witnesses and Interpreters (Payment) Act Cap 119as if he were a witness attending a legal proceeding in obedience to asummons issued at the instance of the Government but the Auditor-Generalmay if he thinks fit in any case disallow the whole or any part of suchpayment
require every person employed in the office of the Auditor-Generalwho has to examine the accounts of a department to comply with anysecurity requirements applicable thereto and to take any oath ofsecrecy required to be taken by persons employed in that department
Any person summoned under paragraph (f) of subsection (1) who withoutreasonable excuse fails to obey the summons is guilty of an offence and is liableon summary conviction to a fine of $5 000 or to imprisonment for a term of12 months
Authorisation to perform duties
The Auditor-General may authorise any officer in the office of theAuditor-General to perform on his behalf any of his functions under this Act orany other Act other than the administering of oaths and the certifying of andreporting on accounts for the House of Assembly
Where it appears to the Auditor-General that
any irregularities have occurred in the collection custody orexpenditure of public moneys or in the accounting for the same
any irregularities have occurred in the receipt custody issue saletransfer or delivery of any stamps securities stores or other propertyof the Government or in the accounting for the same
(ii)
(iii)
(g)
(2)
75(1)
(2)
(a)
(b)
66
any loss of or damage to the property of the Government has not beenduly reported to the Director of Finance
the Auditor General shall immediately bring the matter to the notice of theaccounting officer and where the case is serious report the circumstances to theDirector of Finance
Examination of accounts on request
The Auditor-General shall if required by
a resolution of the House of Assembly
the Public Accounts Committee of Parliament or
the Minister responsible for Finance
examine the accounts of any person or organisation who has received moneys byway of a grant or a loan out of funds voted by Parliament or in respect of whomfinancial aid from the Government is sought
The Auditor-General submit a report on the results of the examinationconducted pursuant to subsection (1) to the House of Assembly or to the Ministerresponsible for Finance
Where the Minister responsible for Finance fails within a reasonable timeto present the report referred to in subsection (2) to the House of Assembly theAuditor-General shall transmit the report to the Speaker of the House ofAssembly to be presented by him to the House of Assembly
Fees for auditing accounts
The Auditor-General may subject to approval by the Ministerresponsible for Finance charge a fee for auditing the accounts of a person or bodywhose expenditure is not met from the Consolidated Fund
Any fees received by the Auditor-General under subsection (1) shall becredited to the Consolidated Fund
(c)
76(1)
(a)
(b)
(c)
(2)
(3)
77(1)
(2)
67
Engagement of services by Auditor-General
The Auditor-General may engage the services of professionallycompetent persons to assist in the conduct of audits and payment for suchservices shall be charged on the Consolidated Fund
Where under subsection (1) the Auditor-General engages a private auditorto conduct the audit of a Government entity the auditor of the entity shall makeavailable all working papers and other documents to the Auditor-General
Officers of the Audit Office
The Audit Office shall consist of the Auditor-General and such otherofficers and employees as are assigned to him
PART VII
ACCOUNTS AND REPORTS
Accounts
Accounting Officers
The Director of Finance shall designate in writing the officers whoshall be accounting officers
An accounting officer designated under subsection (1) shall be chargedwith the duty of accounting for
all revenues
all expenses and expenditure and
all assets and liabilities relating to the operations of the entity overwhich he has responsibility
78(1)
(2)
79
80(1)
(2)
(a)
(b)
(c)
68
An accounting officer may by instrument in writing delegate to hisauthorised representative on such conditions as he determines any of hisfunctions arising under or by virtue of this Act but such delegation does notrelieve an accounting officer of his accountability under this Act
Standing instructions to Accounting Officers
The Director of Finance may issue standing instructions in respect of
the preparation of estimates in the form of a budget
the collection payment management and administration of and theaccounting for public moneys
the purchase receipt custody issue sale transfer or delivery of anystamps securities stores or other property of the Government
the keeping of records of the Government or
any other purpose necessary for the efficient administration of thefinancial business of the Government
Timing of accounting for moneys recovered
The recovery by the Government of an expenditure charged to anAppropriation for goods or services received
before the end of the Financial Year in which the expenditure was madeshall be credited to the Appropriation against which the expenditurewas charged or
after the end of the Financial Year shall be credited to the appropriaterevenue account of the Financial Year in which it is received
(3)
81
(a)
(b)
(c)
(d)
(e)
82
(a)
(b)
69
Reporting and Transparency Requirements
Monthly Reports
The Director of Finance shall prepare a monthly report on the financialperformance of the Government against the Annual Budget and AppropriationAct
The Minister responsible for Finance shall provide the monthly report tothe Cabinet no later than 2 weeks after the end of each month to which the reportrelates
The Director of Finance shall publish the monthly report on the officialwebsite of the Government no later than 2 weeks after the report is provided tothe Cabinet
The Auditor-General or the Director of Internal Audit may audit themonthly reports referred to in this section and the Chief Executive Officer of agovernment entity shall provide the information required by the Director ofInternal Audit or the Auditor-General to conduct such audit
The Director of Finance shall provide other periodic reports on financialor non-financial matters to the Minister responsible for Finance
Mid-Year Review Report
The Minister responsible for Finance shall have a Mid-Year ReviewReport on progress made against the Fiscal Framework and the Annual Budgetas specified in the Fourth Schedule laid in Parliament no later than 15th October
The Director of Finance shall publish the Mid-Year Review Report on anofficial website of the Government on the same day as the Report is laid and shallmake a printed copy available as soon as practicable
Financial Statements of the Government
In respect of each financial year and within a period of 4 months afterthe close of each financial year the Accountant-General shall prepare sign and
83(1)
(2)
(3)
(4)
(5)
84(1)
(2)
85(1)
70
transmit to the Auditor-General the following statements in respect of theGovernment
a statement of the financial position at the balance sheet date
a statement of financial performance
a statement of cash flows
a statement of borrowings
a statement of sinking fund and sinking fund assets for the year
a statement of contingent liabilities of the Government as at the balancesheet date including any Government guarantees or indemnities
a statement of all amounts remitted pursuant to section 40
a statement of accounting policies
such other statements as are necessary to fairly reflect the financialoperations of the Government for that year and its financial position atthe end of the financial year and in relation to each statement requiredby paragraphs (a) to (g) of this subsection and where appropriateparagraph (i) of this subsection
budgeted figures for the financial year and
comparative budgeted and actual figures for the previous financialyear
In respect of each financial year and within a period of 2 months after theclose of the financial year
accounting officers shall prepare sign and transmit to the Director ofFinance and the Auditor-General in such manner as the Director ofFinance may approve appropriation accounts in respect of the headsfor which they are responsible
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(ii)
(2)
(a)
71
accounting officers shall prepare sign and transmit to the Director ofFinance and the Auditor-General in such manner as the Director ofFinance may approve
a statement of performance for each programme of the Ministryincluding the results achieved by the Ministry during the year ascompared with the programmes budgeted for that year
a schedule of capital assets at the balance sheet date
a statement of the commitments and any other liabilities inrelation to the activities of the Ministry as at the balance sheetdate
such other statements as are necessary to fairly reflect thefinancial operations of the Ministry and
budgeted figures for the financial year and comparative actualand budgeted figures for the previous financial year and
accounting officers and collectors of revenue shall prepare sign andtransmit to the Director of Finance the Auditor-General and theAccountant-General in such manner as the Director of Finance maydirect approved statements of receipts revenue receivables refundswaivers and remittances and
the officer primarily responsible for a fund to which moneys have beenappropriated by Parliament shall prepare sign and transmit to theAuditor-General the Director of Finance and the Accountant-Generalfinancial statements in respect of the fund
The annual financial statements shall be prepared in accordance withaccounting standards and practices required by the Accountant-General underthis Act
The statements and accounts mentioned in subsections (2) and (3) whencertified and reported on shall be sent by the Auditor-General to the Speaker ofthe House of Assembly to be laid before the House of Assembly
(b)
(i)
(ii)
(iii)
(iv)
(v)
(c)
(d)
(3)
(4)
72
The Director of Finance shall publish the Financial Statements of theGovernment on an official website of the Government on the same day as thereport is laid in Parliament and shall make a printed copy available as soon aspracticable
Annual Report on Non-Financial Performance
A Minister shall no later than 3 months after the end of every FinancialYear prepare an Annual Report on the non-financial performance of the PublicEntities or Commercial State-Owned Enterprises he is responsible for
The Annual Report on Non-Financial Performance shall be laid inParliament no later than the day the Auditor-General has laid the FinancialStatement of the Government
The Director of Finance shall publish the Annual Report on an officialwebsite of the Government on the same day as the report is laid in Parliamentand shall make a printed copy available as soon as practicable
Publication of Financial Statements and Annual Report of theGovernment
The Director of Finance shall publish the Financial Statements theAudit Opinion and the Annual Report of the Government on the official websiteof the Government no later than one week after these documents have been laidin Parliament and shall publish such reports in printed form as soon as practicable
Public Accounts Committee
The Public Accounts Committee of Parliament shall
review the annual audited Financial Statements of the Government asa whole and the annual report on non-financial performance
review the annual reports including the non-financial performanceachieved and the audited financial statements for each Public Entityand Commercial State-Owned Enterprise and
(5)
86(1)
(2)
(3)
87
88(1)
(a)
(b)
73
report to Parliament on the results of such reviews no later than the firstweek of the tenth month of the financial year following the financialyear under review and such report shall include recommendations onthe actions to be taken
The Chairperson of the Public Accounts Committee shall ensure that theCommittee meets as often as is necessary to perform the functions required bythe Public Accounts Committee Act Cap 10A and this Act
Parliament shall
consider the report of the Public Accounts Committee on the reviewsset out in subsection (1)
review the report of the Auditor-General on the accounts and otherperformance of the Government and
debate the recommendations contained in the reports referred to in thissubsection
Parliament shall complete the reviews and debates in this section no laterthan the end of the tenth month after the end of the Financial Year to which thereports and reviews in this section relate
PART VIII
MINISTRY ACCOUNTABILITY
Performance of Ministry
The financial and non-financial performance report expected for aMinistry shall be included in the Estimates and shall be submitted to the Ministerresponsible for Finance by the Minister
(c)
(2)
(3)
(a)
(b)
(c)
(4)
89
74
Agreements and Review of Performance of Ministry
The Minister or the Minister responsible for Finance may commissiona review of a Ministry with regard to its performance
The Minister shall monitor the overall performance of the Ministry andmay have an output agreement and performance review process with thePermanent Secretary of the Ministry he is responsible for or with any otherMinistry providing services funded from the budget the Minister is responsiblefor
The Director of Finance may review the performance of each State-OwnedEnterprise against the requirements of this Act the Annual Budget and theAnnual Plan of the State-Owned Enterprise and shall provide a letter to theMinister responsible for Finance and the Minister on such performance no laterthan 30th November each year
A Permanent Secretary may have a service agreement and performancereview process with an entity providing services funded from the budget of theMinistry
PART IX
ACCOUNTABILITY
General Matters
Classification of Entities
A Government entity that is not a Ministry or a Department shall beclassified as
a State-Owned Enterprise and shall be set out in the First Schedule ofthis Act or
90(1)
(2)
(3)
(4)
91(1)
(a)
75
a Commercial State-Owned Enterprise and shall be set out in theSecond Schedule of this Act
The Government shall only classify an entity as a Commercial State-Owned Enterprise if the entity
is owned or controlled by the Government
provides or will provide services in the market or undertakescommercial activities that are or could be carried out by a private sectoroperator and
does or has potential to operate successfully with the primary objectiveto operate as a successful business and to earn a similar return on theownersrsquo funds over the medium term as that earned by comparablebusinesses not owned by the Government
The Government shall only classify a Government entity as a State-OwnedEnterprise if the entity
is not or is not suited to be a Ministry part of a Ministry or CommercialState-Owned Enterprise
is owned or controlled by the Government
has a mandate that requires
a greater degree of flexibility to manage resources than is possiblefor a Ministry and
a greater degree of autonomy in fulfilling its mandate than is thecase for a Ministry
Before establishing a State-Owned Enterprise or a Commercial State-Owned Enterprise the Cabinet shall consider the costs benefits and risksincluding the fiscal costs to the Government over the long term and shall presenta report on these matters to the Cabinet prior to establishing the entity
The Government shall from time to time review the classification and formof an entity or a group of entities to assess whether the classification and form is
(b)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(i)
(ii)
(4)
(5)
76
best suited to the efficient effective and economical achievement of the mandateof the entity
Minister for a State-Owned Enterprise
The Minister for a State-Owned Enterprise shall be the Ministerassigned responsibility for that State-Owned Enterprise in accordance withsection 72 of the Constitution
The Minister for a State-Owned Enterprise shall be responsible for theperformance of the functions given to him by this Act or rules made under thisAct and any other relevant enactments including the requirement to oversee anddirect in accordance with this Act the State-Owned Enterprise under hisresponsibility to achieve the performance specified in the Annual Budget and theAnnual Plan
A Minister shall act jointly with the other share-holding Minister to overseeand direct in accordance with this Act the Commercial State-Owned Enterpriseunder his responsibility to achieve the performance specified in the Statement ofCorporate Intent and the Annual Plan
A Minister of a Commercial State-Owned Enterprise shall exercise hispowers on behalf of the Government and in the public interest including whenexercising the voting rights attached to the shares of the Commercial State-Owned Enterprise
Specific responsibilities of Minister responsible for Finance
The Minister responsible for Finance shall have the responsibilitiesregarding financial management for State Owned Enterprises and CommercialState-Owned Enterprises in addition to the responsibilities of a Share-holdingMinister or Minister including
approving Government loans and guarantees for Commercial State-Owned Enterprises and State Owned Enterprises
92(1)
(2)
(3)
(4)
93
(a)
77
approving significant financing proposals for Commercial State-Owned Enterprises and State Owned Enterprises
setting and enforcing the Governmentrsquos ownership expectations forCommercial State-Owned Enterprises and State Owned Enterprises
monitoring the financial performance and risks of Commercial State-Owned Enterprises and State Owned Enterprises
taking the necessary disciplinary action required pursuant to the ThirdSchedule to the Public Service Act Cap 29
other responsibilities in this Act or rules made under this Act and anyother relevant enactments
Board of a Commercial State-Owned Enterprise and a State-OwnedEnterprise
A board of a State-Owned Enterprise or Commercial State-OwnedEnterprise shall be responsible for
providing corporate governance consistent with good practicecorporate governance standards
overseeing and managing the Governmentrsquos interests in the entity
ensuring the entity metes on its statutory requirements
ensuring the entity metes on the Annual Plan in respect of a State-Owned Enterprise and the Statement of Corporate Intent and AnnualPlan in respect of a Commercial State-Owned Enterprise and
meeting the requirements for directors under Part IX
In addition to the general requirements in subsection (1) each director ofa State-Owned Enterprise or a Commercial State-Owned Enterprise and the boardcollectively shall be responsible for
appointing and removing the Chief Executive Officer
(b)
(c)
(d)
(e)
(f)
94(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
78
defining areas of priority for the State-Owned Enterprise orCommercial State-Owned Enterprise
ensuring the production of the Annual Plan and for a Commercial State-Owned Enterprise the Annual Plan and the Statement of CorporateIntent as required by this Act
ensuring the production of the Annual Report and other reports asrequired by this Act
meeting legal obligations including those specified in the CompaniesAct Cap 308 for entities incorporated under this Act
fulfilling the requirements of the Minister or the Minister responsiblefor Finance and their supporting Ministries consistent with this Act
overseeing the management of the entity including overseeing themanagement of risks
ensuring the entity has adequate corporate governance arrangementsincluding for the management of risks
acting in the best interests of the State-Owned Enterprise orCommercial State-Owned Enterprise
fulfilling the duties of a director with diligence and honesty
ensuring that any conflict of interest is declared to the board and thatthe director does not take part in making a decision if a conflict ofinterest exists and
other matters specified in rules made under this Act
The directors of a Commercial State-Owned Enterprise and the directorsof a State-Owned Enterprise shall be appointed by the Cabinet
Nomination of Directors
Where a Minister or the Minister responsible for Finance isempowered by an enactment to appoint a person as a director to the board of a
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(3)
95
79
State-Owned Enterprise or a Commercial State-Owned Enterprise he shall seekthe approval of the Cabinet
Training of Directors of a State-Owned Enterprise or a CommercialState-Owned Enterprise
Directors of a State-Owned Enterprise or a Commercial State-OwnedEnterprise shall within a reasonable time of accepting their instruments ofappointment attend training seminars on the principles of good corporategovernance organised through the Ministry of Finance or an entity or individualso designated by the Ministry
Board Monitor
The Minister responsible for Finance may but shall not be obliged todesignate a public officer or employ by contract a person to attend boardmeetings of a State-Owned Enterprise or a Commercial State-Owned Enterpriseto monitor the Governmentrsquos interests in the State-Owned Enterprise orCommercial State-Owned Enterprise and that public officer or person shall beknown as a ldquoboard monitorrdquo
A board monitor shall report to the Director of Finance in compliance withthis Act on the performance fiscal risks and any other matters related to theboard of the State-Owned Enterprise or the Commercial State-Owned Enterprisethat the Director of Finance requires the monitor to report on
A board monitor shall not be an official member of the board of directorsand the board monitor shall not exercise any voting rights
The Chairperson of a board of directors shall ensure that a board monitoris notified of all board meetings and receives the same information as otherdirectors of the board
Dismissal of a Director of a State-Owned Enterprise
The Minister may at any time by instrument in writing terminate theappointment of a director of a State-Owned Enterprise
96
97(1)
(2)
(3)
(4)
98(1)
80
Notice of the termination of a director under subsection (1) shall bepublished in the Official Gazette
Dismissal of a Director of a Commercial State-Owned Enterprise
The Companies Act Cap 308 shall apply with regard to the dismissalof a director of a Commercial State-Owned Enterprise
Notice of the termination of a director under subsection (1) shall bepublished in the Official Gazette
Chief Executive Officer of a State-Owned Enterprise and aCommercial State-Owned Enterprise
The board of the State-Owned Enterprise or the board of theCommercial State-Owned Enterprise shall appoint the Chief Executive Officerwho shall be responsible to the board for managing the State-Owned Enterpriseor Commercial State-Owned Enterprise
The employment contract for a Chief Executive Officer of a CommercialState-Owned Enterprise or a State-Owned Enterprise and the enactment applyingto such contract shall form the basis for the employment relationship
Status of an employee of a Commercial State-Owned Enterprise anda State-Owned Enterprise
The terms and conditions of employment for a Chief Executive Officerand all employees of a State-Owned Enterprise or a Commercial State-OwnedEnterprise shall be in accordance with the Laws of Barbados
Ministerial Standing Instructions
Thee Minister or the Minister responsible for Finance may givestanding instructions to the board of directors of a State-Owned Enterprise or aCommercial State-Owned Enterprise to take an action or refrain from taking an
(2)
99(1)
(2)
100(1)
(2)
101
102
81
action provided that the Minister giving such an instruction shall not direct aCommercial State-Owned Enterprise or a State-Owned Enterprise
in relation to an independent function granted by an enactment
to require the performance or non-performance of a particular act orthe bringing about of a particular result in respect of a particular personor persons
on any matters relating to the hiring dismissal promotion pay or otheremployment arrangements for any employee
on the awarding of a procurement contract
on the use of any coercive powers or
on the use of any discretionary powers of the Commercial State-OwnedEnterprise or the State-Owned Enterprise to confer benefit to a thirdparty
Standing Instructions of the Minister responsible for Finance
The Minister responsible for Finance may issue standing instructionsto a State-Owned Enterprise or a Commercial State-Owned Enterprise on policymatters consistent with this Act or any other enactments with regard to but notlimited to
accountability requirements
corporate governance
roles and responsibilities of Ministers boards of directors and staff
remuneration of staff and board directors
planning
performance expectations including dividends
business case requirements
investments including participation in private public partnerships
(a)
(b)
(c)
(d)
(e)
(f)
103
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
82
liability management including borrowing
asset management (financial physical human and intellectual)
risk management including liabilities
reporting
information provision
disclosures
monitoring
reviews of investment
reviews of performance and
other matters considered necessary by the Minister
Accounting Standards
A Public Entity shall implement International Accounting Standardsand practices in accordance with the accounting standards and standinginstructions issued by the Accountant-General under this Act and shall keepproper books of account of its revenues expenditures assets and liabilities
A Commercial State-Owned Enterprise shall implement InternationalAccounting Standards and shall keep proper books of account of its revenuesexpenditures assets and liabilities
Protection of Commercially Sensitive Information
Nothing in this Act shall be construed as requiring the inclusion ofinformation in the Statement of Corporate Intent Annual Report or other publiclyavailable report that would be likely to unreasonably prejudice the commercialposition of the Commercial State-Owned Enterprise
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
104(1)
(2)
105
83
Financial year for Public Entities and Commercial State-OwnedEnterprises
Each Public Entity and Commercial State-Owned Enterprise shallhave the same financial year as the Government being the 12 months beginningon the 1st day of April and ending on the 31st day of March of the following year
State-Owned Enterprise Accountability
Annual Plan of a State-Owned Enterprise
A State-Owned Enterprise shall have an Annual Plan that shall include
strategic priorities for the medium-term that reflect the Governmentrsquospriorities and plans
a description of how the State-Owned Enterprise is responding to thechanging environment including description of significant changesfrom previous Annual Plan
services with outputs to be delivered in the coming Financial Year withdetails of
the outputs to be provided
the strategic priorities and outcomes that the outputs willcontribute to
measurable indicators of performance where feasible and
the budget allocated to groups of outputs consistent with theclassification used in the Annual Budget
payments on behalf of the Government including grants benefits andsubsidies to be paid
significant capital developments
106
107(1)
(a)
(b)
(c)
(i)
(ii)
(iii)
(iv)
(d)
(e)
84
a description of intentions to develop capability for physicalintellectual human and other resources including measurableindicators where feasible
a summary budget which shall include forecast financial statements
financial and other assumptions
a statement of fiscal risks and the intended management of these fiscalrisks and
other matters required by the Minister responsible for Finance or theMinister with the agreement of the Minister responsible for Finance
The board of directors of a State-Owned Enterprise if there is one or theChief Executive Officer where there is no board shall
agree the Annual Plan and Annual Budget with the Minister and theMinister responsible for Finance
consult in a manner to be determined by the Minister of the State-Owned Enterprise on any significant changes to the Annual Plan
submit a summary plan of the Annual Plan and Annual Budget to theMinistry and to the Ministry responsible for Finance by May 15th ofeach year
submit the Annual Plan and Annual Budget to the Ministry and to theMinistry responsible for Finance by the date set by the Director ofFinance but no later than December 15th of each year
publish the Annual Plan on the official website of the Government nolater than one week after the adoption of the Annual Budget byParliament
A Minister shall have the Annual Plan in respect of the State-OwnedEnterprise laid in Parliament on the same day as the Annual Budget
(f)
(g)
(h)
(i)
(j)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
85
Mid-Year and Annual Report of a State-Owned Enterprise
The board of directors and Chief Executive Officer of a State-OwnedEnterprise shall ensure that the reporting requirements of this Act are compliedwith
The board of directors of a State-Owned Enterprise shall cause to beprovided to the Minister Minister responsible for Finance and the Director ofFinance a mid-year report no later than one month after the end of the first 6months of the financial year
The mid-year report referred to in subsection (2) shall include informationon the following
significant variations in performance from the Annual Plan
progress with significant capital developments
financial performance which shall include unaudited financialstatements
financial and other assumptions
report on fiscal risks and management of the fiscal risks
other matters required by the Minister responsible for Finance or theMinister with the agreement of the Minister responsible for Finance
The board of directors of a State-Owned Enterprise shall cause to beprovided to the Minister Minister responsible for Finance and the Director ofFinance an Annual Report no later than 4 months after the end of the FinancialYear
The Annual Report referred to in subsection (4) shall include informationon the following
strategic priorities and outcomes in the Annual Plan
108(1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(4)
(5)
(a)
86
outputs delivered with measurable indicators of actual performance foroutputs or groups of outputs consistent with the classification used inthe Annual Budget
significant variations in performance from the Annual Plan
payments made on behalf of Government including grants benefitsand subsidies to be paid
progress with significant capital developments
advances or issues in capability for physical intellectual human andother resources including measurable indicators where feasible
financial performance which shall include audited financialstatements
financial and other assumptions
the auditors report on the financial statements
report on fiscal risk and the management of the fiscal risks
the remuneration paid to each director including value of benefits inkind
the remuneration paid to senior management including all benefits inkind presented in the form of number of employees within salary bandsand
other matters required by the Minister responsible for Finance or theMinister with the agreement of the Minister responsible for Finance
The Annual Report for a State-Owned Enterprise shall be
submitted to the Auditor-General or his agent no later than July 31st ofeach year and shall be audited for service performance
presented to the Minister and the Minister responsible for Finance bythe board of directors where there is one and by the Chief ExecutiveOfficer if there is no board of directors
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(6)
(a)
(b)
87
laid in Parliament by the Minister no later than 7 months after the endof the Financial Year and
published by the State-Owned Enterprise to which the report relates onan official website of the Government no later than one week after theAnnual Report is laid in Parliament
Performance Agreements and Reviews
The Ministry responsible for Finance shall monitor and review theperformance of State Owned Enterprises including
compliance with this Act
financial
non-financial performance
fiscal risks and
any other matters specified by the Minister responsible for Finance
The Director of Finance may review the performance of a State-OwnedEnterprise against the requirements of this Act the Annual Budget and theAnnual Plan of the State-Owned Enterprise and shall provide a letter to theMinister responsible for Finance and the Minister on such performance no laterthan 30th October each year
A Minister shall have responsibility to monitor and review the overallperformance of a State-Owned Enterprise in his portfolio and the role of theMinister responsible for Finance in this Act shall not absolve the Minister fromhis responsibility
A Minister or the Minister responsible for Finance may commission aformal review of a State-Owned Enterprise
The board of directors Chief Executive Officer and staff of a State-OwnedEnterprise shall cooperate with a review under this Act and shall supply to theMinister the Minister responsible for Finance and the Ministry responsible for
(c)
(d)
109(1)
(a)
(b)
(c)
(c)
(d)
(2)
(3)
(4)
(5)
88
Finance or their agents with such information relating to the affairs of the State-Owned Enterprise as the Minister Minister responsible for Finance Ministryresponsible for Finance or the agent requests
A Minister may have an output agreement and performance review processwith a State-Owned Enterprise providing services funded from the budget theMinister is responsible for
The board of directors if there is one and in the absence of a board ofdirectors then the authority with responsibility for reviewing the performance ofthe Chief Executive Officer shall consider the performance review of the outputagreement performance compared to the Annual Plan and the letter referred toin subsection (2) when reviewing the performance each year for the ChiefExecutive Officer of a State-Owned Enterprise
A Chief Executive Officer of a State-Owned Enterprise may have a serviceagreement and performance review process with an entity providing servicesfunded by the State-Owned Enterprise
Public Meeting of a State-Owned Enterprise
At least once per year a State-Owned Enterprise shall hold a publicmeeting of the board of that State-Owned Enterprise and a report shall bepresented at the public meeting on the following
the performance of the State-Owned Enterprise over the last year
the current state of the State-Owned Enterprise and
the expected performance of the State-Owned Enterprise for the next3 years
(6)
(7)
(8)
110
(a)
(b)
(c)
89
Commercial State-Owned Enterprise Accountability
Objective of a Commercial State-Owned Enterprise
The board of directors of a Commercial State-Owned Enterprise shallensure that the Commercial State-Owned Enterprise achieves the
primary objective to operate as a successful business and to earn areturn on the ownerrsquos funds over the medium-term and
additional objectives contained in the Statement of Corporate Intentand Annual Plan
Timing Statement of Corporate Intent and Annual Plan
The board of directors of each Commercial State-Owned Enterpriseshall provide a Statement of Corporate Intent and an Annual Plan for theCommercial State-Owned Enterprise and all its subsidiaries to the Share-holdingMinisters by no later than December 15th of each year
Contents of Statement of Corporate Intent
The board of directors of a Commercial State-Owned Enterprise shallcause to be prepared a Statement of Corporate Intent for the entity and itssubsidiaries (the group) that shall have a medium term scope with a focus on theforthcoming financial year and shall include
the objectives of the entity or group
the nature and scope of the activities to be undertaken
the ratio of consolidated owners funds to total assets and definitionsof those terms
the accounting policies
the expected performance for the medium term of the entity or groupin relation to its objectives
111
(a)
(b)
112
113
(a)
(b)
(c)
(d)
(e)
90
a statement of the principles adopted in determining the annualdividend together with an estimate of the amount or proportion ofannual earnings after tax (from both capital and revenue sources) thatis intended to be distributed to the Government where applicable
the information to be provided to the Share-holding Ministers by theCommercial State-Owned Enterprise during the course of thosefinancial years including the information to be included in the in-yearreports
the procedures to be followed before any member of the entity or groupsubscribes for purchases or otherwise acquires shares in any companyor other organisation
any activities for which the board of directors seeks compensation fromthe Government whether or not the Government has agreed to providesuch compensation
a statement of social responsibility and
such other matters as are agreed by the Share-holding Ministers andthe board of directors
Contents of Annual Plan
The board of directors of a Commercial State-Owned Enterprise shallcause to be prepared an Annual Plan containing
details for the forthcoming financial year of the expected performancetargets and other measures by which the performance of the group maybe judged in relation to its objectives in the Statement of CorporateIntent which shall include the performance indicators required by theMinister responsible for Finance
an explanation of variations in performance from the previous AnnualPlan
(f)
(g)
(h)
(i)
(j)
(k)
114
(a)
(b)
91
forecast financial statements including an estimate of the anticipatedprofit for each of the 3 forthcoming years and the dividend to be paidto the Government where applicable with sufficient detail for theforthcoming financial year to enable meaningful assessment againstthose expectations after the end of that financial year
any proposed major financing transactions
a statement of any arrangements or proposed arrangements to providegoods or services for less than the cost of those services or to receiveservices from a government entity for less than the cost to provide thegoods or services
a statement of fiscal risks and the intended management of the fiscalrisks
other matters as are agreed by the Share-holding Ministers and theboard of directors and
additional information prescribed for a plan in the establishment lawfor the Commercial State-Owned Enterprise
Statement of Corporate Intent and Annual Plan
The Share-holding Ministers shall agree on the Statement of CorporateIntent and the Annual Plan with the board of directors of the Commercial State-Owned Enterprise
The Share-holding Ministers acting jointly may issue instructions to theboard of directors in writing to make a change to the Statement of CorporateIntent or the Annual Plan prior to the finalisation of the Statement of CorporateIntent or the Annual Plan provided that the instructions
comply with the legal mandate and obligations of the CommercialState-Owned Enterprise and
is in the public interest
(c)
(d)
(e)
(f)
(g)
(h)
115(1)
(2)
(a)
(b)
92
The Share-holding Ministers acting jointly may agree with the board ofdirectors to make a change to the Statement of Corporate Intent or the AnnualPlan during the Financial Year or may direct the board of directors to make achange provided that the directive
complies with the legal mandate and obligations of the CommercialState-Owned Enterprise and
is in the public interest
The Chief Executive Officer shall publish any change during the FinancialYear to a Statement of Corporate Intent or an Annual Plan on an official websiteof the Government no later than one week after agreeing the change or receivingan instruction to make a change
Introduction into Parliament and publication of Statement ofCorporate Intent and Annual Plan
The Statement of Corporate Intent and the Annual Plan for eachCommercial State-Owned Enterprise shall be laid in Parliament by the Ministerresponsible for Finance on the same day as the Annual Budget
The Chief Executive Officer of each Commercial State-Owned Enterpriseshall publish the Statement of Corporate Intent and the Annual Plan on an officialwebsite of the Government no later than one week after the adoption of theAnnual Budget by Parliament
Dividend
The board of directors of a Commercial State-Owned Enterprise shallagree on the proposed dividend with the Share-holding Ministers as part of theagreement on the Statement of Corporate Intent and the Annual Plan as specifiedin section 115 and 116 respectively and shall ensure that the dividendrequirements are adopted by the management of the Commercial State-OwnedEnterprise where applicable
(3)
(a)
(b)
(4)
116(1)
(2)
117(1)
93
Dividends or other profit distribution from a Commercial State-OwnedEnterprise paid to Government shall be included in the Annual Budget presentedto Parliament and shall be credited to the Consolidated Fund and paid into theTreasury Account
Dividend payments owed to Government shall not be set-off against anytax or other obligations the Commercial State-Owned Enterprise may have to theGovernment
Service Agreements
Where the Government requires a Commercial State-OwnedEnterprise to provide goods or services in other than a normal commercialmanner the Share-holding Minister shall conclude a service agreement with theCommercial State-Owned Enterprise
Such agreement shall specify the terms of delivery of goods or services tobe provided by the Commercial State-Owned Enterprise and the price that theGovernment will pay which shall be a fair market price or if there is no marketthen a price that equals the costs for an efficient provider of the goods or services
Periodic Reports Mid-Year Reports and Annual Reports
The board of directors of a Commercial State-Owned Enterprise shallcause to be prepared periodic reports a Mid-Year Report and an Annual Reportfor the Commercial State-Owned Enterprise and its subsidiaries includingfinancial statements in accordance with the provisions of this Act or rules madeunder this Act the Companies Act Cap 308 or any instructions issued by theDirector of Finance
The board of directors of a Commercial State-Owned Enterprise shallcause an Annual Report to be provided to the Share-holding Ministers and theDirector of Finance no later than 4 months after the end of the Financial Year
(2)
(3)
118(1)
(2)
119(1)
(2)
94
The Annual Report of a Commercial State-Owned Enterprise shall include
a report of the operations of the Commercial State-Owned Enterpriseand those of its subsidiaries during that Financial Year withinformation as is necessary to enable an informed assessment of theoperations of the entity including a comparison of the performance ofthe entity with the Statement of Corporate Intent and the Annual Plan
the dividend payable to the Government by the Commercial State-Owned Enterprise for the Financial Year to which the report relates
audited consolidated financial statements for that Financial Yearconsisting of statements of financial position profit and loss changesin financial position and such other statements as may be necessary toshow the financial position of the Commercial State-Owned Enterpriseand its subsidiaries and the financial results of their operations duringthat Financial Year
the auditors report on the financial statements
report on fiscal risks
report on compliance with the statement of social responsibility
the remuneration paid to each board director including the value ofbenefits in kind
the remuneration paid to senior management including all benefits inkind presented in the form of number of employees within salary bandsand
such additional information as is necessary to enable an informedassessment of the activities of the Commercial State-Owned Enterpriseagainst the Statement of Corporate Intent and the Annual Plan
The Annual Report for each Commercial State-Owned Enterprise shall be
submitted to the Auditor General no later than July 31st of each yearand shall be audited by the Auditor General or his agents
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(4)
(a)
95
provided to the Share-holding Ministers by the board
laid in Parliament by the Minister responsible for Finance no later than7 months after the end of the Financial Year and
published by the Commercial State-Owned Enterprise to which the report relateson the official website of the Government no later than one week after the AnnualReport is laid in Parliament
The board of directors of a Commercial State-Owned Enterprise shallcause a Mid-Year Report to be provided to the Share-holding Ministers and theDirector of Finance no later than one month after the end of the first 6 months ofthe financial year
The Mid-Year Report shall include the following
a report on the operations of the Commercial State-Owned Enterpriseand those of its subsidiaries during the financial year with informationas is necessary to enable an informed assessment of the operations ofthe entity including a comparison of the performance of the entity withthe Statement of Corporate Intent and Annual Plan
unaudited consolidated financial statements for the financial yearconsisting of statements of financial position profit and loss changesin financial position and such other statements as may be necessary toshow the financial position of the Commercial State-Owned Enterpriseand its subsidiaries and the financial result of their operations duringthe financial year
a report on fiscal risk and management of the fiscal risk
a report on compliance with the statement of social responsibility
such additional information as is necessary to enable an informedassessment of the activities of the Commercial State-Owned Enterpriseagainst the Statement of Corporate Intent and Annual Plan
(b)
(c)
(5)
(6)
(a)
(b)
(c)
(d)
(e)
96
Reviews of Performance
The Ministry responsible for Finance shall monitor and review theperformance of Commercial State-Owned Enterprises including
compliance with this Act
financial
non-financial performance
fiscal risks and
other matters specified by the Minister
The Director of Finance shall review the performance of each CommercialState-Owned Enterprise against the requirements of this Act the Statement ofCorporate Intent and the Annual Plan and shall provide a letter to the Share-holding Ministers on such performance no later than 30th October each year
A Share-holding Minister who is not the Minister responsible for Financeshall have responsibility to monitor and review the overall performance of aCommercial State-Owned Enterprise in his portfolio and the role of the Ministerresponsible for Finance in this Act shall not absolve the Share-holding Ministerfrom his responsibility
A Share-holding Minister may commission a formal review of aCommercial State-Owned Enterprise
The board of directors Chief Executive Officer and staff of a CommercialState-Owned Enterprise shall cooperate with a review under this Act and shallsupply to the Minister the Minister responsible for Finance and the Ministryresponsible for Finance or their agent such information relating to the affairs ofthe Commercial State-Owned Enterprise or any of its subsidiaries as the MinisterMinister responsible for Finance Ministry responsible for Finance or the agentrequests
120(1)
(a)
(b)
(c)
(c)
(d)
(2)
(3)
(4)
(5)
97
The board of directors shall consider the performance compared to theStatement of Corporate Intent the Annual Plan and the letter referred to insubsection (2) when reviewing the performance each year for the Chief ExecutiveOfficer of the Commercial State-Owned Enterprise
A Chief Executive Officer of a Commercial State-Owned Enterprise mayhave a service agreement and performance review process with an entityproviding services funded by the Commercial State-Owned Enterprise
Public Meeting of a Commercial State-Owned Enterprise
At least once per year a Commercial State-Owned Enterprise shallhold a public meeting of the board and a report shall be presented at the publicmeeting of the board on the following
the performance of the Commercial State-Owned Enterprise over thelast year
the current state of the Commercial State-Owned Enterprise and
the expected performance of the Commercial State-Owned Enterprisefor the next 3 years
Government Share-Holding
Where the Government is a minority shareholder in a publicly listedentity then sections 113 to 123 shall not apply and such share-holding shall besubject to the provisions of the Companies Act Cap 308 and other relevantenactments
Where the Government holds more than 50 per cent but less than 100 percent of the shares then it shall exercise its rights in accordance with the CompaniesAct Cap 308 and section 125 to 133 shall apply only as far as they are consistentwith the Companies Act Cap 308
A Minister designated by the Cabinet shall hold shares in the name of theGovernment on behalf of the Government in the Commercial State-OwnedEnterprise shall be known as the Share-holding Minister
(6)
(7)
121
(a)
(b)
(c)
122(1)
(2)
(3)
98
The role of the Share-holding Minister shall be to exercise theshareholdersrsquo rights on behalf of the Government and in the best interests of thepeople of Barbados
PART X
SANCTIONS
Application of sanctions
A reference in this Part to positions and office holders includes currentand former positions and office holders
Financial Misconduct
A public officer public office holder or other person withresponsibility for Government resources commits an act of financial misconductif without lawful authority under this Act or other lawful authority that personwilfully or negligently
incurs expenditures or makes commitments
borrows money on behalf of the Government or entities owned orcontrolled by the Government or repays or converts an existing loan
issues public securities or varies their terms and conditions
opens a bank account in the name of the Government or entities ownedor controlled by the Government
maintains a bank account for a Government purpose outside Barbadosexcept in accordance with an Act or other lawful authority
lends money or other assets on behalf of the Government or entitiesowned or controlled by the Government
issues guarantees or indemnities on behalf of the Government orentities owned or controlled by the Government
(4)
123
124(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
99
issues securities for loans made to the Government or entities ownedor controlled by the Government
disposes of pledges or encumbers property of the Government
loses or damages Government property
for an accounting officer does an act that breaches the duties of anaccounting officer specified under this Act or rules made under thisAct or
seeks or accepts a personal loan or benefit in circumstances thatcompromise the integrity of the public officer or public office holder
A public officer or public office holder or other person with responsibilityfor Government resources commits an offence of financial misconduct if thatperson wilfully or negligently
fails to deliver to the superior manager or governing authority a gift ordonation of a value over $100 made on a public or official occasionunless exempted by law
fails to produce any information in the possession or under the controlof that person in relation to the financial management financialperformance or banking activities of the Government or entities ownedor controlled by the Government when required to do so under this Act
fails to keep proper records or conceals or wrongfully destroysinformation that is required to be recorded by this Act
fails to pay public money in a timely manner into the bank account ofthe Public Entity or Commercial State-Owned Enterprise
fails to produce the reports accounts or other information required bythis Act
provides incorrect information to the tax authorities with regard to aPublic Entity or Commercial State-Owned Enterprise
(h)
(i)
(j)
(k)
(l)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
100
resists or obstructs any person acting in the discharge of that personsfunctions or duties or in the exercise of that persons powers under thisAct
makes any statement or declaration or gives any information orcertificate required by or under this Act knowing it to be false ormisleading
divulges data in electronic or other form without authority
diverts funds to unauthorized activities
fails to implement a lawful written instruction or directive relating tothe management of public finances given under this Act
fails to report an incident of financial misconduct the public officer orpublic office holder has become aware of to the Director of Finance
fails to declare a conflict of interest when dealing with or makingdecisions about public resources
for an accounting officer fails to perform a duty of an accounting officerspecified under this Act or rules made under this Act or
does any act for the purpose of procuring for any person or organization
the improper payment of any public money or
the improper use of any public financial resource
A charge of financial misconduct under this Act against any person shallbe investigated heard and disposed of as required by the Constitution the PublicService Act Cap 29 as applicable any other enactments and the terms ofappointment or employment applicable to that person
Criminal Proceedings
A public office holder public officer or other person withresponsibility for Government resources is guilty of an offence if without lawful
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(i)
(ii)
(3)
125(1)
101
authority under this Act or any relevant enactment that person wilfully ornegligently
takes unlawful possession of public moneys or assets includingelectronic data
misappropriates public moneys or assets
provides inaccurate financial information or conceals information onpublic finances to obtain a benefit for that person or another person or
engages in corrupt acts including soliciting or receiving bribes
A person who is guilty of an offence referred to in subsection (1) is liableon indictment to a fine of $170 000 or to imprisonment for 5 years or to both
Institutional measures
The Director of Finance may apply a sanction to a Public Entity orCommercial State-Owned Enterprise which has
approved expenditures in excess of an Appropriation under anAppropriation Act or other lawful authority
re-allocated expenditures without lawful authority
created liabilities in excess of its ability to finance the liabilities
defaulted on a loan
issued a guarantee without the appropriate authorization
failed to provide the Annual Plan Statement of Corporate Intentreports Annual Accounts or other information as required by this Act
provided inaccurate information to a public officer or public officeholder on financial matters
failed to adequately address issues raised by the Auditor-General orother external auditor when such issues are not contested or
(a)
(b)
(c)
(d)
(2)
126(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
102
failed to manage its finances in accordance with this Act or rules madeunder this Act or other enactments
The Director of Finance may apply any of the following measures to aPublic Entity or Commercial State-Owned Enterprise that has breached theprovisions of this section
impose additional reporting requirements to those required by anyenactment
require a draft budget or financial plan to be submitted to the Ministryresponsible for Finance for approval by the Minister responsible forFinance prior to its approval by the board of directors of the entity
place restrictions on the management and use of money and otherassets
place restrictions on the creation of liabilities
withhold funds
treat any debt defaults as a charge on future revenues
temporarily assign personnel necessary to undertake the financialmanagement functions of the entity
make representations to the appointing authority for the board ofdirectors and the Chief Executive Officer to take action to dismiss orotherwise discipline any board director or the Chief Executive Officeror
require the entity to adhere to a programme of debt reduction
(i)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
103
Surcharge by Director of Finance
Where it appears to the Director of Finance upon a report by theAuditor-General or where the Director of Finance is otherwise satisfied that anyperson who is or was a public officer or public office holder
has failed to record and collect any moneys owing to the Governmentfor the collection of which that person is or was at the time of hisemployment or engagement responsible
has made a commitment that exceeds the authorised authority tocommit or spend
is or was responsible for any improper payment of public moneys orfor any payment of such moneys which is not duly vouched or for anyexpenses in excess of the amount authorised or
is or was responsible for any deficiency in or for the loss damage ordestruction of any public moneys stamps securities stores or otherproperty of the Government
and where within a period specified by the Director of Finance an explanationsatisfactory to the Director of Finance is not furnished with regard to the mattersreferred to in paragraphs (a) to (c) the Director of Finance may surcharge againstthat person
the amount not collected
such improper payment
payment not duly vouched
expenditure in excess of the amount authorised
the deficiency loss damage or the full value of the propertydestroyed as the case may be
or such lesser amount as the Director of Finance may determine
127
(a)
(b)
(c)
(d)
(i)
(ii)
(iii)
(iv)
(v)
104
Notification of Surcharge
The Director of Finance shall cause the Auditor-General theAccountant-General and the Chief Executive Officer of the entity concerned tobe notified of any surcharge made under section 129
The Chief Executive Officer on being notified under subsection (1) shallnotify the person surcharged and shall subject to sections 131 and 132 recoverthe amount surcharged from that person
Withdrawal of Surcharge
The Director of Finance may at any time withdraw any surcharge inrespect of which a satisfactory explanation has been received or if it otherwiseappears that a surcharge should not have been made and in that event the Directorof Finance shall notify the Auditor-General the Accountant-General and theChief Executive Officer of the entity concerned of the withdrawal of thesurcharge
Right of Appeal
Any person who is dissatisfied with any surcharge made against himunder section 129 may appeal to a judge in Chambers within 28 days of thenotification of the surcharge under section 130
The Judge in Chambers may
confirm modify or reverse a decision made pursuant to section 129 orany part thereof or
direct the Director of Finance to reconsider either generally or inrespect of specified matters the whole or a specified part of the matterto which the appeal relates
128(1)
(2)
129
130(1)
(2)
(a)
(b)
105
Recovery of Loss
The amount of any surcharge made under section 129 may subject tosections 131 and 132 be recovered before a Magistrate on the complaint of theDirector of Finance or any person authorised to act for the Government
Notwithstanding subsection (1) the Director of Finance may direct thatthe amount of any surcharge which may be due from a public officer or publicoffice holder shall be recovered by monthly or semi-monthly deductions fromthe salary or other payment due to that public officer or public office holder insuch amounts not exceeding one-sixth of the salary or other payment duemonthly or semi-monthly as the Director of Finance may authorise
Nothing in this section shall prevent the Government from recovering theloss through civil proceedings
In any action for the recovery of a loss a certificate signed by the Directorof Finance stating the amount of the loss shall admissible as evidence of theassessment of the loss
PART XI
MISCELLANEOUS
Rules
The Cabinet may make rules for all or any of the following matters
the form and manner in which any of the Financial Statements are tobe kept
the procedure for the checking by accounting officers of claims againstthe Consolidated Fund and the paying of such claims
the procedure for the reporting by the Auditor-General of delays andirregularities
131(1)
(2)
(3)
(4)
132(1)
(a)
(b)
(c)
106
the purchase receipt custody issue sale transfer or delivery of anystamps securities or other Government Property
the proper and efficient keeping of the Financial Statements
the accounts of the Barbados Defence Force and the purchase ofmilitary stores equipment and supplies therefor
the accounting for public money including the collection receiptcustody banking expenditure proper accounting for care andmanagement and forms of records of public money
the records reports and accounts required by this Act
in relation to Government Property
the custody handling and proper accounting for GovernmentProperty and
the creation and maintaining of up-to-date inventories or registerson such property
the establishment and operation of
Sinking Funds and
Special Funds
any additional public finance requirements for a State-OwnedEnterprise or a Commercial State-Owned Enterprise
the payment of interest on late payments by the Government includingpermitting a specified person to determine when interest is payable therate of that interest and when it is calculated and compounded
the charges for payments to the Government made other than in legaltender
the interest rates applicable in respect of debts owed to theGovernment
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(ii)
(j)
(i)
(ii)
(k)
(l)
(m)
(n)
107
the fees and charges
for dishonoured cheques and
to defray the costs of acceptance by the Accountant-General ofvoluntary assignments by public officer or public office holdersof salaries wages pensions gratuities and other money
the security of premises documents securities and the financialinformation system
the amendment of budget classifications and reallocation powers
all matters related to Government securities and
for any other matter required to be prescribed under this Act
All rules shall be subject to negative resolution
Amendment of Schedules
The Minister responsible for Finance may amend the Schedules byOrder
Savings
The
Financial Administration and Audit (Financial) Rules 2011(SI 2011 No 54) and
Financial Administration and Audit (Supplies) Rules 1971(SI 1971 No 47)
shall remain in force and shall apply in so far as they are not inconsistent withthis Act until revoked by rules made under this Act
Repeal
The Financial Management and Audit Act Cap 5 is repealed
(o)
(i)
(ii)
(p)
(q)
(r)
(s)
(2)
133
134
(a)
(b)
135
108
Commencement
This Act shall come into operation on a date fixed by Proclamation136
109
FIRST SCHEDULE
(Sections 2 and 91)
State Owned Enterprises
Air Transport Licensing Authority
Barbados Accreditation Council
Barbados Community College
Barbados Defence Force
Barbados International Business Promotion Corporation
Barbados Investment and Development Corporation
Barbados National Standards Institute
Barbados Vocational Training Board
Child Care Board
Community Legal Services Commission
Cultural Industries Authority
Fair Trading Commission
Financial Services Commission
National Assistance Board
National Council on Substance Abuse
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
110
National Productivity Council
National Sports Council
Rural Development Commission
Technical and Vocational Education and Training Council
Transport Authority
Urban Development Commission
16
17
18
19
20
21
111
SECOND SCHEDULE
(Sections 2 and 91)
Commercial State-Owned Enterprises
Barbados State-Owned Enterprise for Micro-Enterprise DevelopmentLtd
Barbados Agricultural Credit Trust Ltd
Barbados Agricultural Development and Marketing Corporation
Barbados Agricultural Management Co Ltd
Barbados Cane Industry Corporation
Barbados Conference Services Ltd
Barbados National Oil Co Ltd
Barbados National Terminal Ltd
Barbados Port Inc
Barbados Revenue Authority
Barbados Tourism Investment Inc
Barbados Tourism Marketing Inc
Barbados Tourism Product Authority
Barbados Water Authority
Caribbean Airways International Ltd
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
112
Caribbean Aircraft Handling Co Ltd
Caribbean Broadcasting Corporation
Caves of Barbados Ltd
Enterprise Growth Fund Ltd
Grantley Adams International Airport Inc
Gymnasium Ltd
Hotels and Resort Ltd-Gems of Barbados
Kensington Oval Management Inc
National Conservation Commission
National Cultural Foundation
National Housing Corporation
National Insurance Department
National Petroleum Corporation
Needham Point Development Inc
Needham Point Holdings Ltd
New Life Investment Company Inc
Queen Elizabeth Hospital
Resolution Life Assurance Company Ltd
16
17
18
19
20
21
22
23
23
25
26
27
28
29
30
31
32
33
113
Sanitation Service Authority
Southern Meats Inc
Student Revolving Loan Fund
Transport Board
34
35
36
37
114
THIRD SCHEDULE
(Section 6)
Contents of Fiscal Framework
The Fiscal Framework shall present an analysis of the outcomes forthe previous financial year and an assessment of the forthcoming financial yearwith an emphasis on measuring performance against the priorities objectives andtargets of the Government as a key input into setting the parameters for theforthcoming Annual Budget
The Fiscal Framework shall contain the information specified below
Report for the recently concluded financial year which shall include
an updated macro-economic and fiscal out turns to show changesfrom the forecasts in the previous Fiscal Framework for theinformation required in paragraph 3 of this Schedule
a summary of budget execution compared to the appropriationsand statutory commitments for the information required in sub-paragraph (e)(i) to (v) and (viii) of this Schedule if applicable
a report on the performance of all key policies identified in theprevious Fiscal Framework identified in sub-paragraph (h)(ii) ofthis Schedule
information on how any outcomes in fiscal performance for theyear affected compliance with the fiscal responsibility principlesand the fiscal objectives in the Fiscal Framework identified insub-paragraph (h)(i) and (i) of this Schedule
report on the extent to which the risks identified in the previousFiscal Framework Paper were realized and the effect on fiscalperformance and
1
2
(a)
(i)
(ii)
(iii)
(iv)
(v)
115
information on reasons for any deviations from the fiscalresponsibility principles and fiscal objectives with plans toaddress any such deviations and the expected time to achievethis
A medium-term macro-economic forecast setting out actual estimatedand projected values of the following economic variables for no lessthan the previous 2 years the current year and the next 3 yearsincluding
the Gross Domestic Product and its components
inflation
employment and unemployment
exchange rates with major trading partners
interest rates and
money supply and monetary conditions including credit to theprivate sector
and for (i) to (vi) the source of the data shall be identified and for historicalinformation a statement provided of whether it is official or estimated incases where official data are not available
Statement of assumptions and methodologies underpinning theforecasts
Information on the longer term macro-economic forecasts
Medium-term fiscal forecasts setting out actual estimated andprojected values of the following fiscal variables for no less than theprevious 2 years the current year and the next 3 years including
revenues by type
aggregate expenditures by economic administrative andfunctional classifications
(vi)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(c)
(d)
(e)
(i)
(ii)
116
budget balance for the overall budget
a summary of the sources of budget financing
the level of debt by external source domestic source and total
the accounting principles and methods used in the FiscalFramework and key assumptions on which the above numbersare based
sensitivity analysis taking account of possible changes in macro-economic conditions and
any other information the Minister responsible for Financedetermines is material to the Fiscal Framework
Forecasts for the longer term that have been used in formulating thefiscal policies in the Fiscal Framework and such forecasts shall takeaccount of the impacts of changes in demographics and other factors
Fiscal policy targets and measurable fiscal objectives for revenuesdebt deficit and expenditure for the forthcoming budget year and 2subsequent years including
a summary table of the measurable fiscal objectives for no lessthan the previous 2 years the current year and the next 3 yearsincluding
aggregate Government expenditure as a percentage of theGross Domestic Product and in nominal terms
Government expenditure on wages and benefits as apercentage of the Gross Domestic Product and in nominalterms for all positions funded from the Annual Budgetincluding all positions funded by direct charge on theConsolidated Fund and all positions funded byappropriation
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(f)
(g)
(i)
(A)
(B)
117
Government revenues as a percentage of the Gross DomesticProduct and in nominal terms
overall budget balance as a percentage of the GrossDomestic Product and in nominal terms
Government debt as a percentage of the Gross DomesticProduct and in nominal terms and
Government net worth as a percentage of the GrossDomestic Product and in nominal terms when net worth canbe measured and
information on the fiscal policies for medium-term including
the revenue policy with planned changes to taxes andpolicies affecting other revenues
deficit policy including deficit implied by the fiscal targetsincluding the overall budget balance
debt policy and summary of debt sustainability with debtceilings and
expenditure policy including expenditure priorities linked toceilings in the medium-term expenditure framework in theFiscal Framework
an assessment of the consistency of the planned fiscal policyaggregates and measurable fiscal objectives with the fiscalresponsibility principles and the previous Fiscal Framework and
information on reasons for any deviations from the fiscalresponsibility principles and fiscal objectives in the previousFiscal Framework with a summary of the plans to address anysuch deviations and the expected time to achieve this
A medium-term expenditure framework stating the Governmentrsquosannual and medium-term expenditure intentions and an explanation of
(C)
(D)
(E)
(F)
(ii)
(A)
(B)
(C)
(D)
(iii)
(iv)
(h)
118
any changes in the proposed ceilings from the previous FiscalFramework limits which shall include
the aggregate expenditure ceiling to be used in the preparation ofthe Annual Budget which shall include indicative ceilings for 2further outer years
ceilings for central Government expenditure by a Ministry andother budget entity for the budget year and next 2 years to be usedas the basis for the preparation of the Annual Budget
forecast non-financial performance information at a suitable levelof aggregation linked to the budget to show what is planned tobe provided and achieved for the proposed expenditure forstrategic changes only and
information on major public investments including priorities andrationale for these and forecast costs for the forthcoming budgetyear and 2 outer years related to expenditure ceilings
An explanation of how fiscal policy supports economic growth andstability
A fiscal risk statement including
contingent liabilities
any commitments not included in the fiscal forecasts and
all other circumstances which may have a material effect on thefiscal and economic forecasts and which have not already beenincorporated into the fiscal forecasts
and such fiscal risks shall be quantified where practicable
A statement of responsibility signed by the Minister responsible forFinance and the Director of Finance attesting to the reliability andcompleteness of the information in the Fiscal Framework and itscompliance with the law
(i)
(ii)
(iii)
(iv)
(i)
(j)
(i)
(ii)
(iii)
(k)
119
If the Government is unable to provide any of the information requiredby this Schedule the Ministry responsible for Finance shall state in the FiscalFramework the reasons for any missing information and shall ensure that suchinformation is available as soon as practicable for future Fiscal Frameworks
3
120
FOURTH SCHEDULE
(Section 7 and 84)
Contents of the Mid-Year Review Report
The Mid-Year Review Report shall provide an update to the fiscal framework and shall focusprimarily on out turns relative to the Annual Budget and includes the following information
updated macro-economic forecasts and assumptions used in the update whendifferent than in the Fiscal Framework
updated fiscal outlook including
Government revenue outturn for the first 6 months and a forecast for the budgetyear and next 3 years with an explanation of significant differences to forecastsin the Fiscal Framework and Annual Budget
Government expenditure outturn for the first 6 months and a forecast for thebudget year and next 3 years with an explanation of significant differences toforecasts in the Fiscal Framework and Annual Budget
approval of new major investment projects including public privatepartnership contracts
budget balance for the first 6 months and a forecast for the budget year budgetbalance for past 2 years and forecast next 3 years with an explanation of howthe forecasts relate to fiscal principles and fiscal objectives in the FiscalFramework and
net and Gross debt for the forecast for the Annual Budget and next 3 years andexplanation of how the forecasts relate to the fiscal principles and fiscalobjectives in the Fiscal Framework in the short and Medium Term
a table presenting each fiscal objective in the Fiscal Framework the position at Mid-Year and the forecast outturn for each fiscal objective
progress on Government priorities
any actual or expected significant differences for non-financial performanceindicators that were presented in the Fiscal Framework or the Estimates includingthe Financial Memorandum of Ministries in the Annual Budget with an explanationof any deviations
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(c)
(d)
(e)
121
information on virements reallocations use of the Contingency Appropriation theuse of the Supplementary Estimates and any other matters required to be reported bythis Act
other financing matters compared to the Annual Budget including
arrears tax relief tax exemptions other waivers
the outstanding stock of arrears for all Government entities including showingseparately all new unpaid invoices since the stock of arrears was last reportedand
other significant financing matters that have occurred or are planned
an update of fiscal risks including those stated in the Annual Budget and
where there are any deviations from the fiscal objectives in the Fiscal Framework theGovernment shall provide the information required by section 9 of this Act
(f)
(g)
(i)
(ii)
(iii)
(h)
(i)
122
FIFTH SCHEDULE
(Section 7)
Contents for Annual Report of the Performance of Government
The Annual Report of Performance for the Government prepared pursuant to section 7 shallcontain the following
a commentary on the departmentrsquos overall performance for the year includingperformance measured by the key performance indicators and a comparison of actualachievements with those forecast in the annual plan
a summary of the level of activity undertaken during the year
details of significant developments which are likely to affect the entityrsquos performancein subsequent years in particular any initiatives to improve quality value for moneycustomer satisfaction and income generation
organisational coverage of the annual report
the period covered
audited information
a Statement of performance
End-of-year performance information on appropriations
Exemptions from the statement of performance
Annual financial statements
an Audit report
unaudited information
asset performance indicators
a report on health and safety
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
123
SIXTH SCHEDULE
(Section 8)
Contents for the Pre-Election Economic and Fiscal Update
The Pre-Election Economic and Fiscal Update shall include the following information andstatements
the information required for paragraph 1(a) (b) (c) (g) and (h) of the Mid-YearReview in the Fourth Schedule
a statement signed by the Minister responsible for Finance that the Pre-ElectionEconomic and Fiscal Update includes
all policy decisions with material economic or fiscal implications that theGovernment has made before the day on which the contents of the Pre-ElectionEconomic and Fiscal Update was finalised and
all other circumstances with material economic or fiscal implications of whichthe Minister responsible for Finance was aware before that day
a statement signed by the Director of Finance that the Pre-Election Economic andFiscal Update has been prepared by the Ministry responsible for Finance
using its best professional judgments and
on the basis of economic and fiscal information available to it before the weekon which the contents of the Pre-Election Economic and Fiscal Update wasfinalised and
a statement of the accounting and other standards applied which shall be theaccounting standards adopted for the Government consistent with internationallyaccepted standards and where such standards are not used then an explanation of thedeviation shall be provided
(a)
(b)
(i)
(ii)
(c)
(i)
(ii)
(d)
124
SEVENTH SCHEDULE
(Section 19)
Contents for the Annual Budget
The Annual Budget documents shall include Revenue Estimates withrevenue information (both budget and actual) for the previous 2 years and theprojected revenues for the current year and the next 3 Financial Years and theRevenue Estimates shall be at a level of detail as set by rules made under thisAct
The Annual Budget shall have Expenditure Estimates withexpenditure information for the previous 2 years (both budget and actual) andthe projected expenditure for the current year and the next 2 Financial Years andthe Expenditure Estimates shall be at a level of detail as set by rules made underthis Act
The Annual Budget shall have Financing Estimates with financinginformation for the previous 2 years (both budget and actual) and projectedfinancing for the current year and the next 2 years including
plans for external financing in the form of borrowing and grants
plans for domestic issuance of Government bills and notes and anyother financial liabilities
plans for issuance of guarantees to public or private entities
plans for divestment of Government assets
new loans to Public Entities and Commercial State-Owned Enterprises
plans for the approval of new public private partnership contracts and
other financing information that the Minister responsible for Financeconsiders necessary
1
2
3
(a)
(b)
(c)
(d)
(e)
(f)
(g)
125
The Annual Budget shall have annexes including
updated macro-economic information and summary of fiscal positioncompared to the Fiscal Framework
statement of economic assumptions including significant changes fromthe assumptions in the Fiscal Framework
information on projected Statutory Expenditure for the next FinancialYear and the following 2 years with a reference to the specific law thatauthorizes the Statutory Expenditure
medium-term debt management strategy including any limits forexternal domestic and total borrowing for issuing guarantees and forincurring other financial liabilities presented in the form thatParliament may approve by resolution if a debt limit or guarantee limitis proposed for the forthcoming financial year
medium-term asset management strategy including any restrictionsplaced on its composition
plans for the approval of new major investment projects includingpublic private partnership contracts and statement of the position withexisting contracts
statement of all tax arrears for the previous Financial Year and thecurrent year
statement of tax relief and exemptions granted or planned and theamount of such tax relief and exemptions for the current Financial Yearand forecasted for the next Financial Year
statement of all outstanding payments greater than 30 days
a report from the Ministry responsible for Finance specifying themeasures taken by the Government to implement the auditrecommendations from the previous year and the response to the
4
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
126
findings of the committees of Parliament with responsibility forexamining performance reports and Government Financial Statements
the establishments register and an aggregate number of posts
a statement signed by the Minister responsible for Finance and theFinancial Secretary attesting to the reliability and completeness of theinformation in the Annual Budget documents and conformity with thefiscal responsibility requirements of this Act and
such other documents as the Minister responsible for Finance maydetermine or may be required under this Act
(k)
(l)
(m)
127
EIGHTH SCHEDULE
(Section 67)
Internal Audit Committee
Composition
The members of the Internal Audit Committee shall be
the Director of Finance
the Accountant-General
a representative outside of the Government of Barbados
one Chief Executive Officer from a State-Owned Enterprise and
one Chief Executive Officer of a Ministry selected by the Chairperson
Chairman Deputy Chairman and Secretary
The Chairman of the Internal Audit Committee shall be the Directorof Finance
At the first meeting of the Internal Audit Committee and thereafter asnecessary the Deputy Chairman and the Secretary shall be elected by themembers
Temporary appointment to the Committee
Where the Chairman or any other member of the Committee is absentor unable to perform his duties the Minister responsible for Finance maydesignate another person to act in the place of the Chairman or the other member
Meetings and Quorum
The Internal Audit Committee shall
meet at such times and places as the chairperson may determine and
1
(a)
(b)
(c)
(d)
(e)
2(1)
(2)
3
4(1)
(a)
128
hold a special meeting on the written request of at least two membersof the Internal Audit Committee
The quorum for a meeting of the Internal Audit Committee shall be 3members
The Chairman or in the absence of the Chairman the Deputy Chairmanshall preside at all meetings
Where the Internal Audit Committee considers it necessary to do so theCommittee may invite Public Officials and public office holders or any otherrelevant person to attend any of its meetings to seek explanations in relation toan audit
Minutes
Minutes of each meeting shall be kept in proper form by the Secretaryor such other person as the Committee may appoint for the purpose and shall beconfirmed in writing at the next meeting
Decisions
The decisions of the Internal Audit Committee shall be by a majorityof votes and in the event of an equality of votes the Chairman has a casting vote
Signature and seal
All decisions made by the Internal Audit Committee and alldocuments of the Internal Audit Committee shall be signed by the Chairman orany other person so authorised to act
The seal of the Internal Audit Committee shall be kept in the custody ofthe Chairman or such other member as the Internal Audit Committee mayapprove
(b)
(2)
(3)
(4)
5
6
7(1)
(2)
129
Conflict of interest
A member of the Internal Audit Committee who is directly orindirectly interested in a matter being considered or dealt with by the InternalAudit Committee shall disclose the nature of the interest at a meeting of theInternal Audit Committee and shall not take part in any deliberation or decisionof the Internal Audit Committee with respect to the matter
Procedure
Subject to the provisions of this Act the Internal Audit Committeemay regulate its own proceedings
6
7
130
20190114
OBJECTS AND REASONS
This Bill would make provision for the improvement of the management ofpublic finance in Barbados
Arrangement of Sections
PART I
PRELIMINARY
Short title
Interpretation
Construction
Application
PART II
FISCAL RESPONSIBILITY
Fiscal Responsibility Principles
Fiscal Framework
Mid-Year Review Report and Annual Report
Pre-election Economic and Fiscal Update Report
Deviation from fiscal objectives
1
2
3
4
5
6
7
8
9
2
PART III
ROLES AND RESPONSIBILITIES
Role of Minister
Role of Minister responsible for Finance
Role of the Director of Finance
Role of the Comptroller-General
Role of a Permanent Secretary
Role of the Accountant-General
Role of a Chief Executive Officer
Responsibilities of a public officer and a public office holder
Accounting Officers
Representations to the Minister
Liability for funds
PART IV
ANNUAL BUDGET AND AUTHORISATION OF EXPENDITURE
Annual Budget
Appropriations
Contingencies
10
11
12
13
14
15
16
17
18
19
20
21
22
23
3
Parliament approval of Annual Budget
Publication of Annual Budget
Supplementary Estimates and Supplementary Appropriations
Lapse of Appropriations and Warrants
Financial Memorandum
PART V
FINANCIAL MANAGEMENT
Authorisation of ExpenditureAuthorisation of Expenditure
Control of Expenditure
Commitments
Virements
Cash ManagementCash Planning and Management
Consolidated Fund Special Funds Trust AssetsConsolidated Fund
Charges on the Consolidated Fund
Special funds
Trust Assets
24
25
26
27
28
29
30
31
32
33
34
35
36
37
4
Unclaimed Trust Assets
Banking ArrangementsTreasury Account
Fees and ChargesFees and Charges
GrantsRequirements for Grants
Remissions Write-offs and DispensationsRemissions generally
Remission of duties imposed by way of penalty
Remission of duties on the address of the House of Assembly
Write-offs
Accounting for Remissions and Write-offs
Power of Minister responsible for Finance to dispense with probate orletters of administration
Financial Asset ManagementMedium-Term Financial Asset Management Strategy
Deposit of Excess Moneys
Authorised Investments and Investment Requirements
38
39
40
41
42
43
44
45
46
47
48
49
50
5
Securities
Crediting Interest from Investments
Loans by the Government to be authorized by Parliament
Appropriation Necessary for Lending
Investment in a Commercial State-Owned Enterprise
Loans to be Secured
Liability ManagementLiability Management
Authority to Borrow and Guarantee
Borrowing for Current Requirements
Borrowing for Non-current Requirements
Payment of Loan Moneys into Consolidated Fund
Minister may change form of Public Debt
Debt is a charge on the Consolidated Fund
Guarantee that imposes a liability on the Government
Payments are debts due to Government
Reporting
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
6
Internal AuditInternal Audit Office
Functions of the Internal Audit Office
Director of Internal Audit
Internal audit offices in Public Entities and Commercial State-OwnedEnterprises
Internal Audit Committee
Duties of the Internal Audit Committee
Internal Audit Standing Instructions
Internal Audit Requirements of a Commercial State-Owned Enterprise
PART VI
AUDITOR-GENERAL
Duties of Auditor-General
Certification of Pensions
Auditor-Generalrsquos Report
Powers of Auditor-General
Authorisation to perform duties
Examination of accounts on request
Fees for auditing accounts
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
7
Engagement of services by Auditor-General
Officers of the Audit Office
PART VII
ACCOUNTS AND REPORTS
AccountsStanding instructions to Accounting Officers
Timing of accounting for moneys recovered
Reporting and Transparency RequirementsMonthly Reports
Mid-Year Review Report
Financial Statements of the Government
Annual Report on Non-Financial Performance
Publication of Financial Statements and Annual Report of the Government
Public Accounts Committee
PART VIII
MINISTRY ACCOUNTABILITY
Performance of Ministry
Agreements and Review of Performance of Ministry
82
83
84
85
86
87
88
89
90
91
92
93
8
PART IX
ACCOUNTABILITY
General MattersClassification of Entities
Minister for a State-Owned Enterprise or a Commercial State-OwnedEnterprise
Specific responsibilities of Minister responsible for Finance
Board of a Commercial State-Owned Enterprise and a State-OwnedEnterprise
Nomination of Directors
Training of Directors of a State-Owned Enterprise or a Commercial State-Owned Enterprise
Chief Executive Officer of a State-Owned Enterprise and a CommercialState-Owned Enterprise
Standing Instructions of the Minister responsible for Finance
Accounting Standards
Protection of Commercially Sensitive Information
Financial year for Public Entities and Commercial State-OwnedEnterprises
State-Owned Enterprise AccountabilityAnnual Plan of a State-Owned Enterprise
94
95
96
97
98
99
100
101
102
103
104
105
9
Mid-Year and Annual Report of a State-Owned Enterprise
Performance Agreements and Reviews
Public Meeting of a State-Owned Enterprise
Commercial State-Owned Enterprise AccountabilityObjective of a Commercial State-Owned Enterprise
Timing Statement of Corporate Intent and Annual Plan
Contents of Statement of Corporate Intent
Contents of Annual Plan
Statement of Corporate Intent and Annual Plan
Introduction into Parliament and publication of Statement of CorporateIntent and Annual Plan
Service Agreements
Periodic Reports Mid-Year Reports and Annual Reports
Reviews of Performance
Public Meeting of a Commercial State-Owned Enterprise
Government Share-Holding
PART X
MEASURES
Application of measures
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
10
Financial Misconduct
Criminal Proceedings
Institutional measures
Surcharge by Director of Finance
Notification of Surcharge
Withdrawal of Surcharge
Right of Appeal
Recovery of Loss
PART XI
MISCELLANEOUS
Rules
Amendment of Schedules
Savings
Repeal
Commencement
121
122
123
124
125
126
127
128
129
130
131
132
133
11
FIRST SCHEDULE
State Owned Enterprises
SECOND SCHEDULE
Commercial State-Owned Enterprises
THIRD SCHEDULE
Contents of Fiscal Framework
FOURTH SCHEDULE
Contents of the Mid-Year Review Report
FIFTH SCHEDULE
Contents for Annual Report of the State-Owned Enterprise
SIXTH SCHEDULE
Contents for the Pre-Election Economic and Fiscal Update
SEVENTH SCHEDULE
Contents for the Annual Budget
EIGHTH SCHEDULE
Internal Audit Committee
12
BARBADOS
A Bill entitled
An Act to make provision for the improvement of the management of publicfinance in Barbados
ENACTED by the Parliament of Barbados as follows
PART I
PRELIMINARY
Short title
This Act may be cited as the Public Finance Management Act 2019
Interpretation
In this Act
ldquoaccounting officerrdquo is an officer designated as such by the Director of Financepursuant to section 18
ldquoAnnual Budgetrdquo means the Annual Estimates required by section 21 thedocuments specified in the Seventh Schedule and any other documents theMinister responsible for Finance considers necessary
ldquoAnnual Estimatesrdquo means the Annual Estimates of revenue expenditure andfinancing
ldquoAppropriationrdquo means a sum voted by Parliament in the form of the AnnualEstimates or Supplementary Estimates and authorized as expenditure by anAppropriation Act or Supplementary Appropriation Act but does not includestatutory expenditure authorised as a charge on the Consolidated Fund oron the general revenues and assets of Barbados under an Act according tosection 109 of the Constitution
ldquoAppropriation Actrdquo means an Act to appropriate sums necessary to meet theAnnual Estimates of expenditure in a Financial Year
ldquoAuditor-Generalrdquo means the public office established by section 113 of theConstitution
ldquoAudit Opinionrdquo means a certification by an auditor that accompanies financialstatements based on an audit of an accountants opinion on the procedures
1
2
14
and records used to produce the statements regardless of whether materialmisstatements exist in the financial statements
ldquoChief Executive Officerrdquo means the manager of a Public Entity or a CommercialState-Owned Enterprise
ldquocommitmentrdquo means the creation of a legal obligation to purchase goods orservices
ldquoCommercial State-Owned Enterpriserdquo means
an entity owned or controlled by the Government that provides servicesin the market or undertakes commercial activities and
specified in the Second Schedule
ldquoconflict of interestrdquo means
using an official position or information or influence from suchposition to further the private interests of the official or another personor
receiving a benefit of any kind that may reasonably be perceived tocompromise the officialrsquos judgement integrity or behaviour in hisofficial capacity
ldquoConsolidated Fundrdquo means the Fund established by section 107 of theConstitution
ldquoDirector of Financerdquo means the most senior management position in theMinistry responsible for Finance
ldquoEstimatesrdquo means Annual Estimates or Supplementary Estimates
ldquoExpenditure Headrdquo means a sum arranged by a Head classification andappropriated by an Appropriation Act
ldquoFinancial Memorandumrdquo means the Memorandum prepared by a Ministerpursuant to section 28
ldquoFinancial Statementsrdquo means the Statement referred to in section 88
(a)
(b)
(a)
(b)
15
ldquoFinancial Yearrdquo means the 12 months beginning on the 1st day of April andending on the 31st day of March
ldquoFiscal Frameworkrdquo means the document prepared by the Ministry responsiblefor Finance pursuant to section 6
ldquoGovernmentrdquo means the Government of Barbados
ldquoGovernment Propertyrdquo includes physical assets and financial assets in thepossession or under the control of the Government that is not property heldin trust
ldquoGuaranteerdquo means a legal obligation to pay a loan or other monetary obligationor to perform an act or obligation that is defaulted on by the borrower
ldquoInternal Audit Committeerdquo means the Committee referred to in section 71
ldquoInternal Audit Officerdquo means the Department referred to in section 67
ldquoMedium-Termrdquo means a minimum of 3 years and up to 5 years
ldquoMinisterrdquo means the Minister with responsibility for a Public Entity orCommercial State-Owned Enterprise
ldquoMinistryrdquo means the Ministry with oversight responsibilities for a Public Entityor Commercial State-Owned Enterprise
ldquoNegotiable Instrumentrdquo means a cheque draft travellerrsquos cheque bill ofexchange postal note money order or other similar instrument and anyelectronic instrument that has the same effect
ldquooutput agreementrdquo means the output targets achieved during the financial yearbased on measurable targets agreed to at the start of the financial year
ldquoPermanent Secretaryrdquo has the meaning assigned to it by the Public ServiceAct Cap 29
ldquoPublic Accounts Committeerdquo means the Committee established by section 3 ofthe Public Accounts Committee Act Cap 10A
16
ldquoPublic Entityrdquo means a Ministry or Department of Government with the statusof a Ministry or State-Owned Enterprise but shall not include a CommercialState-Owned Enterprise
ldquopublic moneyrdquo means money belonging or payable to or received collected orheld by for or on behalf of the Government and includes
all revenues or other money raised payable or received for the purposeof the Government
all money held whether temporarily or otherwise by a public officeror public office holder in his official capacity either alone or jointlywith any other person whether or not that other person is a public officeror public office holder and
Negotiable Instruments
ldquopublic office holderrdquo means the holder of an elected or appointed office inParliament the Judiciary the Government a Government appointee to aboard or commission or other advisory or governance position and includesbut is not limited to Ministers constitutional office holders and appointeesto Government advisory bodies and to boards of State Owned Enterprisesand Commercial State-Owned Enterprises and the staff supporting thepublic office holder including the staff of those referred to in section 117(7)of the Constitution
ldquopublic officerrdquo has the meaning assigned to it by section 117(1) of theConstitution
ldquoPublish on an official website of the Governmentrdquo means publishing thedocument on a website administered by the Government a Public Entityor a Commercial State-Owned Enterprise in a place on the website that isreadily accessible by the public and for a period of not less than 5 years fromthe date of making the document available on the website
ldquoremissionrdquo includes a waiver of all or part of a payment of a tax fee interestpenalty or other sum owed to the Government
(a)
(b)
(c)
17
ldquosecuritiesrdquo means bonds debentures promissory notes treasury bills and otherdocuments evidencing debt and includes documents commonly known assecurities and electronic instruments that have the same effect
ldquosinking fundrdquo means a Fund for which provision is made in relation toGovernment securities under this Act or under any other enactment
ldquospecial fundrdquo means a fund referred to in section 36
ldquostatement of responsibilityrdquo means the statement signed by the Ministerresponsible for Finance and the Director of Finance pursuant to paragraph2(k) of the Third Schedule
ldquostatement of social responsibilityrdquomeans a statement summarising the serviceswhich the Government requires a Commercial State-Owned Enterprise toprovide
free at the point of delivery or
at a lower cost than it would be on a normal commercial basis
ldquoState-Owned Enterpriserdquo means
an entity of the Government that is not a Ministry and is not aCommercial State-Owned Enterprise and
is specified in the First Schedule
ldquostatutory entityrdquo means any corporation company board commissionauthority or other entity established by or under an enactment to providegoods or services to the public or to fulfil regulatory or other Governmentfunctions and such entity shall be classified as either State-OwnedEnterprise in the First Schedule or a Commercial State-Owned Enterprisein the Second Schedule
ldquostatutory expenditurerdquo has the meaning assigned to it by section 109(7)(b) ofthe Constitution
ldquoSupplementary Appropriation Actrdquo means an Act to appropriate sums of moneynecessary to meet the Supplementary Estimates of expenditure for services
(a)
(b)
(a)
(b)
18
in a Financial Year in accordance with section 109 of the Constitutionand
ldquoSupplementary Estimatesrdquo means Supplementary Estimates of expenditurerevenue or financing
Construction
Where a conflict arises between an enactment with the exception ofthe Constitution and the provisions of this Act this Act and any rules made underthis Act shall prevail
Application
This Act shall apply to a Public Entity Commercial State-OwnedEnterprise public officer and public office holder unless otherwise stated in thisAct
PART II
FISCAL RESPONSIBILITY
Fiscal Responsibility Principles
The Government shall comply with the following fiscal responsibilityprinciples
achieving and maintaining a prudent level of public debt
managing fiscal risks in a prudent manner and
pursuing macro-economic stability inclusive growth and inter-generational equity
The Government shall set measurable fiscal objectives for the fiscalresponsibility principles and shall report on the achievement of the fiscalobjectives to Parliament and the public as required by this Act
3
4
5(1)
(a)
(b)
(c)
(2)
19
The Government shall use revenue in excess of Estimates in the executionof the Annual Budget to reduce debt and shall not use such revenues for additionalexpenditure unless appropriated by Parliament under section 26
Fiscal Framework
The Ministry responsible for Finance shall prepare a document to beknown as the ldquoFiscal Frameworkrdquo which shall review the performance of theprevious financial year against the fiscal objectives present a macro-economicoutlook and set out the fiscal objectives and policies for the medium term
The Fiscal Framework shall include the information and statements set outin the Third Schedule
The Minister responsible for Finance shall submit the Fiscal Frameworkto the Cabinet for approval no later than 31st July of the year preceding the AnnualBudget
The Fiscal Framework shall be laid in Parliament for information by theMinister responsible for Finance no later than 15th August of the year precedingthe Annual Budget
The Fiscal Framework shall be debated in Parliament and anyrecommendations in respect of the Fiscal Framework shall be considered by theCabinet
The Cabinet shall not be required to make changes recommended pursuantto subsection (5) subject to subsection (6)
The Minister responsible for Finance shall have laid in Parliament anexplanation of why the Government is not adopting part or all of therecommendations made under subsection (5) no later than 21 days after makingthe Cabinet decision on the recommendations
The Director of Finance shall publish
the Fiscal Framework on an official website of the Government on theday the Fiscal Framework is laid in Parliament and shall make the
(3)
6(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(a)
20
Fiscal Framework available to the public in printed form as soon aspracticable and
the recommendations of Parliament on the Fiscal Framework and theresponse of the Government on an official website of the Governmentno later than 3 weeks after the day the document containing theresponse of the Government is laid in Parliament
any changes made to the Fiscal Framework in response to therecommendations of Parliament on an official website of theGovernment no later than 3 weeks after the changes are agreed to bythe Cabinet
Mid-Year Review Report and Annual Report
The Ministry responsible for Finance shall include information onprogress against the Fiscal Framework in a Mid-Year Review Report as specifiedin the Fourth Schedule by 15th October each year
The Ministry responsible for Finance shall include information on progressagainst the Fiscal Framework in the Annual Report of a State-Owned Enterprisespecified in Fifth Schedule
Pre-election Economic and Fiscal Update Report
The Ministry responsible for Finance shall not earlier thanNomination Day and no later than 5 working days after Nomination Day publishon an official website of the Government a Pre-election Economic and FiscalUpdate Report which shall include the information and statements specified inSixth Schedule
Nothing in this section shall affect the setting of the polling date for theelection
(b)
(c)
7(1)
(2)
8(1)
(2)
21
Deviation from fiscal objectives
The Government may deviate from the fiscal objectives stated in theFiscal Framework where that deviation is due to a significant unforeseeable eventthat cannot be accommodated through the use of other measures provided for inthis Act or prudent fiscal policy adjustments
PART III
ROLES AND RESPONSIBILITIES
Role of Minister
A Minister shall
oversee and direct the Public Entity or Commercial State-OwnedEnterprise under his responsibility to achieve the performancespecified in the
Annual Budget and the Annual Plan in respect of a Public Entityand
Statement of Corporate Intent and the Annual Plan in respect of aCommercial State-Owned Enterprise and
have the responsibilities with regard to a Public Entity and aCommercial State-Owned Enterprises specified in Part VIII and PartIX
A Minister may require a State-Owned Enterprise or a Commercial State-Owned Enterprise to produce periodic reports on financial matters related to theoperation of the State-Owned Enterprise or the Commercial State-OwnedEnterprise
9
10(1)
(a)
(i)
(ii)
(b)
(2)
22
Role of Minister responsible for Finance
The Minister responsible for Finance is responsible for
facilitating adherence to the fiscal responsibility principles and otherrequirements specified in this Act
managing the fiscal performance fiscal risks and report on the financialposition of the Government as a whole
ensuring that the Governmentrsquos plans are fully consistent with the fiscalresponsibility principles of this Act and the fiscal objectives in the mostrecent Fiscal Framework
overseeing the preparation of the Fiscal Framework the AnnualBudget including the Annual Estimates the Mid-year Review theFinancial Statements and other Government financial reports requiredto be produced for the Cabinet and Parliament
ensuring that the Annual Budget is executed as appropriated byParliament and as authorized for statutory expenditure and managedso as to comply with this Act
management of Government assets and liabilities as required by thisAct
exercising general control of the Ministry
supervising any Public Entity or Commercial State-Owned Enterprisefor which he is responsible by virtue of being the Minister responsiblefor that entity
oversight and policy development for the financial management ofPublic Entities and Commercial State-Owned Enterprises
such other matters assigned to the Minister under an enactment or byadministrative authority
11(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
23
The Minister responsible for Finance shall from time to time determine theformat contents timing and quality of information to be provided in the budgetsplans reports and other documents required by this Act
The Minister responsible for Finance may enter into and executeagreements on behalf of the Government in relation to matters of a financialnature
The Minister responsible for Finance may require a State-OwnedEnterprise or a Commercial State-Owned Enterprise to produce periodic reportson financial matters related to the operation of the State-Owned Enterprise or theCommercial State-Owned Enterprise
Role of the Director of Finance
The Director of Finance shall be responsible for assisting the Ministerresponsible for Finance in the discharge of his responsibilities and shall managethe Ministry of Finance to provide the following functions
economic and fiscal policy advice
preparation of the Fiscal Framework and Annual Budget
management of the Annual Budget process
setting standards for the financial management systems and processesand monitoring the performance of such systems and processes
treasury services including banking and cash management
management of Government assets and liabilities
project assessment advice and monitoring
setting the statistical reporting standards for all Public Entities andCommercial State-Owned Enterprises
overseeing the setting of the accounting standards by the Accountant-General
(2)
(3)
(4)
12(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
24
ensuring that information systems are designed in accordance withaccounting and reporting standards
ensuring that all Public Entities and Commercial State-OwnedEnterprises report on their true and fair financial position
Government financial reporting including producing the FinancialStatements and Government financial reports required by this Act
monitoring of the Governmentrsquos financial interests in entities to whichthis Act applies including managing the Governmentrsquos ownershipinterests in State Owned Enterprises and Commercial State-OwnedEnterprises
monitoring and managing the fiscal risks of the Government
designation of accounting officers and
other functions required by an enactment or administrative authority
The Director of Finance
shall at all times have access to all Public Entities and CommercialState-Owned Enterprises and places where accounting for servicestakes place or accounting records are kept
may require a public officer or public office holder to furnish anyinformation and provide access to any documents or information thatthe Director of Finance considers necessary and
may delegate any of his responsibilities or powers to the Accountant-General or any other appropriate public officer
The Director of Finance and any delegate is accountable for discharginghis responsibilities and exercising his powers under this Act or any otherenactment in relation to financial administration with diligence and honesty andis subject to discipline under the applicable enactment for failing to do so
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(2)
(a)
(b)
(c)
(3)
25
Role of the Comptroller-General
The Comptroller-General shall be responsible for
setting the accounting standards consistent with generally acceptedaccounting practice
publishing the accounting standards on an official website of theGovernment
ensuring that all Public Entities and Commercial State-OwnedEnterprises have in place proper expenditure control mechanisms inaccordance with this Act
ensuring that all Public Entities and Commercial State-OwnedEnterprises adopts a proper system of accounts and all money receivedand paid by the Government is brought promptly and properly toaccount
exercising supervision over the receipt of revenue and securing itspunctual collection except where those responsibilities are by lawassigned to the Barbados Revenue Authority or other public officer orpublic office holder
The Comptroller-General
shall enforce the accounting standards for the Government includingfor Public Entities and Commercial State-Owned Enterprises
shall at all times have access to all Public Entities or Commercial State-Owned Enterprises where accounting for services take place oraccounting records are kept
may require access to records and require any information records orexplanations from a public officer or public office holder or formerpublic officer or public office holder necessary for the performance ofthe responsibilities of the Comptroller-General
13(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
26
may examine and report to the Director of Finance on the financial andaccounting operations of a Public Entity or a Commercial State-OwnedEnterprise
may provide accounting and other services in connection with thefinancial management of a Public Entity or a Commercial State-OwnedEnterprise and
within his area of responsibility and his powers issue instructions inwriting to Chief Executive Officers of Public Entities and CommercialState-Owned Enterprises or to persons to whom Chief ExecutiveOfficers have delegated their responsibilities under this Act
In conducting an audit or examination or carrying out any responsibilityunder this Act or any other enactment the Comptroller-General may
summon and examine upon oath declaration or affirmation a personwith respect to any matter related to the audit examination or otherresponsibility and
require a person to produce any records or information with respect toany matter related to the audit examination or other responsibility
A person summoned under subsection (3)(a) who without reasonableexcuse fails to obey the summons is guilty of an offence and is liable on summaryconviction to a fine of $10 000 or to imprisonment for a term of 12 months or toboth
A person who refuses to produce any records or information as requiredunder subsection (3)(b) is guilty of an offence and is liable on summaryconviction to a fine of $10 000 or to imprisonment for a term of 12 months or toboth
The Comptroller-General may delegate to a public officer or public officeholder any of his responsibilities or powers other than the power undersubsection (2)(f)
(d)
(e)
(f)
(3)
(a)
(b)
(4)
(5)
(6)
27
The Comptroller-General and any delegate shall be accountable fordischarging his responsibilities and exercising his powers under this Act and anyother enactment in relation to financial administration with diligence and honestyand is subject to discipline under the applicable enactment for failing to do so
For the purposes of subsection (1)(a) ldquogenerally accepted accountingpracticerdquo means
the International Public Sector Accounting Standards issued by theInternational Federation of Accountants
where no guidance is provided by the Standards mentioned inparagraph (a) the Accounting Standards issued by the InternationalAccounting Standards Board or
where no guidance is provided by the Standards specified in paragraph(a) or (b) accounting practice that is generally accepted within theaccounting profession in Barbados as appropriate for reporting by thepublic sector including statutory bodies
Role of a Permanent Secretary
A Permanent Secretary where designated as an accounting officerunder section 18 shall be responsible for
administering the Expenditure Head or part of an Expenditure Head inthe Annual Budget that is under the control of the Public Entity
administering each item or part of an item of Statutory Expenditure inthe Annual Budget or under an Act that is under the control of the PublicEntity
administering each item of revenue or part of an item of revenue in theAnnual Budget that is under the control of the Public Entity
providing policy advice to the Minister
assisting the Minister to oversee the entities that he is responsible for
(7)
(8)
(a)
(b)
(c)
14
(a)
(b)
(c)
(d)
(e)
28
other functions as defined in rules made under this Act for accountingofficers and
other responsibilities set out in section 16
Role of the Accountant-General
The Accountant-General shall be responsible for
maintaining the accounts of the Government so as to show the currentstate of the Consolidated Fund and other funds and the financialposition of the Government
receiving and banking or overseeing the receipt and banking of publicmoney and overseeing its disbursement including overseeing theopening and closing of bank accounts
maintaining arrangements for the management of the Governmentrsquoscash
preparing the Financial Statements and any other financial statementsor reports required by the Minister responsible for Finance or theDirector of Finance
verifying that payments are processed in accordance with this Act andrefusing payment on any invoice which is incorrect or insufficient incontent or which contravenes this Act or any other Act or that is inhis opinion in any other way unacceptable in support of a charge onpublic monies
ensuring payments are processed within the agreed contractual timefor payment
ensuring in any instance of having less cash available than necessaryto meet all payments due payments are made in accordance withprotections and priorities in the law
(f)
(g)
15(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
29
ensuring every Public Entity adopts a proper system of accounts andall money received and paid by the Government is brought promptlyand properly to account
reporting to the Comptroller-General in writing any apparent defectin the control of revenue expenditure or money or any breach orcontravention of this Act or any other enactment by a Public Entity orservice that may come to or be brought to his notice
exercising supervision over the receipt of revenue and securing itspunctual collection except where those responsibilities are by lawassigned to the Barbados Revenue Authority or other public officer orpublic office holder
such responsibilities as are assigned to him under an enactment oradministrative authority
The Accountant-General
shall enforce the accounting standards for the Government includingfor Public Entities
shall at all times have access to all Public Entities or places whereaccounting for services take place or accounting records are kept
may require access to records and require any information records orexplanations from a public officer or public office holder or formerpublic officer or public office holder necessary for the performance ofthe responsibilities of the Accountant-General
may examine and report to the Comptroller-General on the financialand accounting operations of a Public Entity
Role of a Chief Executive Officer
A Chief Executive Officer shall manage the assets and liabilities ofthe Public Entity or Commercial State-Owned Enterprise
in accordance with this Act and any other relevant enactment and
(h)
(i)
(j)
(k)
(2)
(a)
(b)
(c)
(d)
16(1)
(a)
30
to achieve the performance required in the Annual Budget and theapproved Annual Plan and for a Commercial State-Owned Enterprisethe approved Statement of Corporate Intent and the Annual Plan
A Chief Executive Officer shall be responsible for
the prompt collection and receipt of the revenue of the entity
the control of and accurate and timely accounting and reporting forexpenditure revenues assets and liabilities of the entity and
the control of and accurate and timely accounting and reporting forpublic money and all other money and property received by orcontrolled by or in the custody of the entity in accordance with thisAct and any other relevant enactment
A Chief Executive Officer shall ensure that the plans budgets and reportsare provided as required by this Act
A Chief Executive Officer is not absolved of responsibilities by reason ofthe proper discharge by the Comptroller-General or the Auditor-General of hisresponsibilities such as the acceptance for deposit of money by the Accountant-General or by reason of the auditing of the accounts by the Auditor-General
A Chief Executive Officer and any delegate is accountable for discharginghis responsibilities under this Act or rules made under this Act and other relevantenactment with diligence and honesty and is subject to discipline and othersanctions under the applicable enactment for failing to do so
Responsibilities of a public officer and a public office holder
A public officer or public office holder who in the discharge of hisresponsibilities as a public officer or public office holder comes into thepossession or control of
public money that he knows or has reason to believe is intended to bepaid to or received by the Government
(b)
(2)
(a)
(b)
(c)
(3)
(4)
(5)
17
(a)
31
securities that are Government Property and that are intended to beplaced on deposit with or entrusted to the Government or
electronic instruments relating to money or property that are intendedto be controlled by the Government
shall without delay deliver the money securities or control of the electronicinstruments relating to money or property to the public officer responsible forthem or to the Accountant-General
Accounting Officers
The Director of Finance shall designate in writing the officers whoshall be accounting officers
An accounting officer designated under subsection (1) shall be chargedwith the duty of accounting for
all revenues
all expenses and expenditure and
all assets and liabilities relating to the operations of the entity overwhich he has responsibility
An accounting officer may by instrument in writing delegate to hisauthorised representative on such conditions as he determines any of hisfunctions arising under or by virtue of this Act but such delegation does notrelieve an accounting officer of his accountability under this Act
Representations to the Minister
An accounting officer of a department shall in writing promptly makea representation to a Minister in respect of a decision of the Minister that relatesto the financial administration of the department where the accounting officerdisagrees with the decision and the accounting officer
is unable to defend the decision as a prudent financial administrativedecision or
(b)
(c)
18(1)
(2)
(a)
(b)
(c)
(3)
19(1)
(a)
32
regards the decision as inconsistent with his obligation to ensure thatthe financial administration of the department is carried out
to avoid waste of moneys
with propriety
Subject to subsection (1) the accounting officer shall in the representationstate the decision of the Minister with which he disagrees and the reasons for thedisagreement
Notwithstanding subsection (2) where the Minister adheres to his decisionthe Minister shall in writing communicate his adherence to the accountingofficer and the accounting officer shall carry the decision into effect
Liability for funds
Notwithstanding section 19 where an accounting officer of adepartment objects to a decision of a Minister that relates to the financialadministration of the department and the objection involves the liability of theaccounting officer for moneys of the department or the regularity or propriety ofpayment of moneys of the Government the accounting officer shall
state in writing the
decision of the Minister
objection to the decision and
reasons for the objection
only authorise payment of moneys of the Government or make apayment of moneys of the Government where the Minister overrulesthe objection
Where a payment is made under subsection (l)(b) the accounting officershall immediately
inform the Director of Finance and the Accountant-General in writingof the circumstances of the payment and
(b)
(i)
(ii)
(2)
(3)
20(1)
(a)
(i)
(ii)
(iii)
(b)
(2)
(a)
33
forward the documentation that relates to the payment to the Auditor-General
Notwithstanding subsection (1)(b) and subsection (2) where loss wastageor improper use of moneys of the Government occurs as a result of the decisionof the Minister the Minister is liable for the loss wastage or improper use of themoneys of the Government
PART IV
ANNUAL BUDGET AND AUTHORISATION OF EXPENDITURE
Annual Budget
The Annual Budget shall contain revenue financing and expenditureEstimates and annexes including the information set out in the SeventhSchedule
The Annual Budget shall present the financial information on a gross basis
The Annual Budget documents shall be accompanied by
an Appropriation Bill as the basis for approving expenditure
annual plans for Public Entities and Commercial State-OwnedEnterprises
The Annual Budget shall be laid by the Minister responsible for Financein Parliament no later than 15th March of the year prior to the year to which itrelates
Appropriations
The Appropriations shall be presented by Expenditure Heads whichshall be expenditure to be administered by a specified Ministry or other PublicEntity
(b)
(3)
21(1)
(2)
(3)
(a)
(b)
(4)
22(1)
34
The Appropriations shall be authorised in the Appropriation Act and shallbe made for one year
Contingencies
The Minister responsible for Finance may include in theAppropriations an Expenditure Head to be known as ldquoContingenciesrdquo which shall
provide for an urgent and unforeseen need for expenditure and
not exceed 3 per cent of the recurrent expenditure specified in theAppropriation Act
The Cabinet may authorize a charge for the purpose of Contingencieswhere it has received justification in writing from the Minister responsible forFinance
The Auditor-General in scrutinizing the utilization of the ContingenciesExpenditure Head shall assess whether the funds have been allocated and utilizedin the manner consistent with this Act and shall report to Parliament on anyimproper utilization of funds specified by the Contingencies Expenditure Head
The Minister responsible for Finance shall issue a warrant to authorise acharge on the Consolidated Fund made pursuant to this section
Parliament approval of Annual Budget
Parliament shall approve the Annual Budget for the forthcomingfinancial year no later than 31st March of the financial year prior to the year towhich the Annual Budget relates
The Ministry responsible for Finance shall be responsible for
the technical preparation of any proposal by Parliament to amend theAnnual Budget and Bills to implement the Annual Budget and
ensuring that the numbers contained in such proposals are accurate
(2)
23(1)
(a)
(b)
(2)
(3)
(4)
24(1)
(2)
(a)
(b)
35
Publication of Annual Budget
The Minister responsible for Finance shall publish on an officialwebsite of the Government
the proposed Annual Budget on the same day the Annual Budgetdocuments are laid in Parliament
the Annual Budget approved by Parliament no later than 28 days afterthe date that the Annual Budget was approved and
a summary of the Annual Budget within 28 days after the date that theAnnual Budget is approved
The
proposed Annual Budget
Annual Budget approved by Parliament and
summary of the Annual Budget
referred to in subsection (1) shall be made available to the public in printed formas soon as practicable
Supplementary Estimates and Supplementary Appropriations
Any expenditure proposed during the year by a Public Entity that isnot within the Appropriations approved by Parliament in the Annual Budget shallbe
funded through the virements authorized under this Act
deferred until future budget years if this can be done withoutsubstantially harming the public interest or
if funding by the ways set out in paragraphs (a) and (b) is not possiblethen Supplementary Estimates and Supplementary Appropriation Billshall be presented to the House of Assembly as required by section 109of the Constitution and this section
25(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
26(1)
(a)
(b)
(c)
36
Where in respect of any Financial Year it is found
that the amount appropriated by the Appropriation Act for any purposeis insufficient or that a need has arisen for expenditure for a purposefor which no amount has been appropriated by the Appropriation Actor
that any moneys have been expended for any purpose in excess of theamount appropriated for that purpose by the Appropriation Act or fora purpose to which no amount has been appropriated by theAppropriation Act
Supplementary Estimates showing the sums required or spent shall be laid beforeParliament and when the Supplementary Estimates have been approved byParliament a Supplementary Appropriation Bill shall be introduced intoParliament as required by section 109 of the Constitution providing for a chargeon the Consolidated Fund for such sums and appropriating them to purposesspecified therein
The Supplementary Estimates and Supplementary Appropriation Bill shallbe accompanied by an explanation from the Minister responsible for Finance asto the impact of the additional expenditure or financing on the Governmentrsquosperformance against the fiscal objectives in the Fiscal Framework
The Government may propose Supplementary Estimates and aSupplementary Appropriation Bill to reduce expenditure or reallocateexpenditure when such reallocation is not within the power of the Governmentto make without an appropriation
Lapse of Appropriations and Warrants
The balance in an Appropriation that has not been expended at the endof the Financial Year after adjustment for the recording of liabilities referred toin subsection (2) and any warrant in relation to the balance of the Appropriationshall lapse
(2)
(a)
(b)
(3)
(4)
27(1)
37
A liability incurred by the Government before the end of the Financial Yearthat remains unpaid at the end of the Financial Year shall be included in theaccounts for the Financial Year in which the liability was incurred for theAppropriation to which it relates
All settlements of liabilities shall be in accordance with this Act but nothingin this section permits the recording of a payment that is in excess of the balanceavailable in the Appropriation
The liability recorded as a charge under subsection (1) may be dischargedor settled no later than 30 days after the end of the Financial Year
No warrant shall be issued by the Minister responsible for Finance formovements of funds for a Financial Year after the end of the Financial Year towhich the warrant is being issued in
Financial Memorandum
A Minister who proposes any measure or action that has financialimplications requiring the approval of the Cabinet shall prepare and submit tothe Minister responsible for Finance a Financial Memorandum containing aprojection of the financial implications for the short medium and long term
The Minister responsible for Finance shall provide an opinion in writingto the Cabinet on whether the proposed measure or action should proceed
PART V
FINANCIAL MANAGEMENT
Authorisation of Expenditure
Authorisation of Expenditure
Sections 109 and 110 of the Constitution shall apply in respect of theauthorisation of expenditure of public money
(2)
(3)
(4)
(5)
28(1)
(2)
29
38
Control of Expenditure
An accounting officer shall provide spending procurement and cashplans to the Ministry responsible for Finance by no later than one week after theapproval by Parliament of the Appropriation Bill or such other date as specifiedby the Director of Finance
Where an accounting officer fails to supply the information as required bysubsection (1) the Minister responsible for Finance may suspend the warrant orpart of the warrant to authorise commitments for which there are no plans
Commitments
A public officer or public office holder shall not commit theGovernment to any financial liability unless specifically authorized to do sopursuant to this Act or any other enactment
An accounting officer and the Chief Executive Officer of a Public Entityshall maintain arrangements to ensure that any commitment made
is authorized pursuant to this Act or any other enactment
does not exceed the approved warrant and
is in accordance with the procedures of the Ministry responsible forFinance to control commitments and requirements stated in any otherrelevant enactment
An accounting officer and the Chief Executive Officer of a public entityshall maintain a proper record of all financial commitments chargeable to eachAppropriation and item of expenditure
Where an accounting officer public officer or public office holder makesa commitment in contravention of the procedures to control commitments theDirector of Finance shall assess whether a surcharge should be imposed
30(1)
(2)
31(1)
(2)
(a)
(b)
(c)
(3)
(4)
39
Virements
The Government shall not vire funds between Expenditure Headswithout prior authorisation by Parliament through Supplementary Estimates anda Supplementary Appropriation Bill or resolution
The Director of Finance may authorise an accounting officer by way of awarrant to
vire funds within an expenditure head between non-salary recurrenteconomic items as specified in any rules made under this Act or
vire capital funds within an expenditure head between projects if theprojects have the same source of funding
The Director of Finance shall not issue a warrant to authorise the movementof funds
from an amount for a transfer to an entity or transfer to an individualor benefits for a class of persons to any other economic classificationof expenditure
from an amount for capital expenditure to non-capital expenditure or
from a transfer for a Public Entity or Commercial State-OwnedEnterprise for the purposes of expenditure on wages and relatedbenefits
Subject to the restrictions in this section virements within and betweenprograms and within and between sub-programs in the same Expenditure Headshall be made in accordance with any rules made under this Act
When making virements of expenditure the accounting officer shall haveregard to the obligation to deliver the performance in the Annual Budget andannual plans required under this Act in relation to the funds appropriated andthe Director of Finance shall have regard to such obligation in issuing a warrant
32(1)
(2)
(a)
(b)
(3)
(a)
(b)
(c)
(4)
(5)
40
The accounting officer shall submit a report on the details of any virementsmade under this section and the performance of the service affected to theMinistry responsible for Finance in the form and within the time-frame set by theMinistry responsible for Finance
The Minister responsible for Finance shall report twice yearly toParliament on all virements made under this section and the performance of theAppropriations affected in the Mid-Year Review Report and FinancialStatements
Cash Management
Cash Planning and Management
The Director of Finance through the Accountant-General shall
establish effective procedures for the planning and management of cashwhich may include a cash management committee
inform the Ministers Permanent Secretaries and other Chief ExecutiveOfficers of Public Entities of the approved Annual Estimates under theresponsibility of the Minister to be administered by the Public Entity
require a Public Entity to prepare an annual cash plan specified bymonth for revenues expenditures and financing and to periodicallyupdate the plan and
review the revenue expenditure and financing plans and cash forecastseach month against actual results revise the forecasts and adjust theplans and cash forecasts as necessary
The Chief Executive Officer shall ensure that the cash management plansprovided to the Accountant-General are consistent with the timing of plannedpurchases and are regularly updated
(6)
(7)
33(1)
(a)
(b)
(c)
(d)
(2)
41
Consolidated Fund Special Funds Trust Assets
Consolidated Fund
There is a Consolidated Fund as established by section 107 of theConstitution
Subject to the provisions of this or any other Act for the time being in forceall public money shall be credited to the Consolidated Fund and banked into theTreasury Account or a sub-account of the Treasury Account
Charges on the Consolidated Fund
No sum shall be charged on the Consolidated Fund or warrant issuedexcept upon the authority of an Appropriation Act the Constitution or any otherenactment
Any sums issued in accordance with subsection (1) shall be disposed offor meeting the cost of the public services specified by the Appropriation Act forthe financial year during which the withdrawal is to take place or for servicesotherwise lawfully charged on the Consolidated Fund
The public debt of Barbados including the interest on that debt sinkingfund payments and redemption moneys in respect of that debt and the costscharges and expenses incidental to the management of that debt shall be a chargeon the Consolidated Fund as stated by section 111 of the Constitution
Special funds
A special fund may be established by an enactment for a specificpurpose and such fund shall be held or administered by the Government
The enactment referred to in subsection (1) shall specify
the purpose of the special fund
the money to be credited to the special fund and
34(1)
(2)
35(1)
(2)
(3)
36(1)
(2)
(a)
(b)
42
the public officer or public office holder responsible for the accountingmanagement monitoring and reporting of the special fund
Where the termination of a special fund is not provided for in an enactmentthe Minister responsible for Finance may terminate a special fund that hasfulfilled its objectives and is not required for a public purpose and all moneys ofthe special fund shall be credited to the Consolidated Fund
Trust Assets
All trust assets shall be accounted for separately from other publicassets
Subject to any other enactment and the trust instrument the Accountant-General shall be responsible for trust assets and shall manage or arrange for themanagement of such assets
The Accountant-General may charge an administration fee which shall bededucted from the trust assets or from income from those assets and such feeshall be no more than 15 per cent
The Accountant-General may invest any trust assets for such periods andon such terms and conditions as are beneficial to the trust and in accordance withthe trust instrument and an enactment applying to the trust
No person shall have any right of action against the Accountant-Generalor the Government in respect of any investment or non-investment of any moneyto which this section relates
Unclaimed Trust Assets
Any trust assets that are unclaimed for a period of 3 years after havingbecome payable to any person entitled thereto together with interest if anyadded thereto shall be transferred to the Government for use in marineconservation or any other public interest purpose related to achievingenvironmental sustainability
(c)
(3)
37(1)
(2)
(3)
(4)
(5)
38(1)
43
Where a person claims any trust assets which have been transferred to theConsolidated Fund and establishes a claim to the satisfaction of the Accountant-General the money shall be paid to that person out of the Treasury Account onthe authority of this section and without appropriation
Banking Arrangements
Treasury Account
The Bank Account of the Government to be known as the TreasuryAccount shall be the principal bank account of the Government and shall beopened maintained and operated by the Accountant-General
Subject to the provisions of this Act and any rules made under the Act theAccountant-General shall be responsible for the general management andsupervision of the cash transactions and accounting operations of the Governmentand shall be accountable for all public monies received by the Accountant-General
No Public Entity shall open a bank account in respect of public moneywhether in or outside of Barbados without the prior written authorisation of theDirector of Finance
The Accountant-General shall designate a bank with which the Treasuryaccount shall be established and shall authorize the opening of sub-accounts indomestic and foreign commercial banks to act as transitory bank accounts tofacilitate the collection of public money including revenues of Public Entitiesgrants and loan funds and for processing payments
A bank holding public money shall provide information to the Ministerresponsible for Finance Director of Finance or Accountant-General in the formand by the time requested
The Director of Finance may close or direct the closure of a bank accountof a Public Entity and may issue instructions in writing respecting the banking
(2)
39(1)
(2)
(3)
(4)
(5)
(6)
44
of the money from the bank account and the bank shall comply with suchinstructions
The Director of Finance may issue a direction regarding the bank accountsof a Commercial State-Owned Enterprise where the Accountant-Generalconsiders it necessary in the public interest to issue such a direction
The Accountant-General may determine the accounts in the names ofPublic Entities public officers or public office holders or their offices in any bankwhich shall be included in the Treasury Account and the financial statements ofthe Government
The Accountant-General shall maintain an up-to-date list of theGovernment entities required to use the Treasury Account and shall ensure thatis it published on an official website of the Government
Fees and Charges
Fees and Charges
A Public Entity may levy fees and charges in accordance with anenactment or authorisation in writing by the Minister responsible for Financeconsistent with the Laws of Barbados
Grants
Requirements for Grants
The Government may accept a grant that has been approved in theAnnual Budget or by the Cabinet after considering the advice of the Ministerresponsible for Finance and the Minister
A Minister who proposes to recommend to the Cabinet that donor fundingbe accepted shall provide the Minister responsible for Finance with fullinformation on the donor funding including the projected amount anycounterpart funding and implications for recurrent costs
(7)
(8)
(9)
40
41(1)
(2)
45
The Director of Finance on behalf of the Government shall receive allgrants made to the Government by a foreign Government or any other entity orperson and shall ensure that the grants are credited to the Consolidated Fund andbanked in the Treasury Account
A Ministry or Department which receives grant funding or loan fundingshall immediately transfer the funds to the Accountant-General to be credited tothe Consolidated Fund and banked in the Treasury Account unless the ministryor department has a below the line account
Where a person contravenes subsection (4) that contravention shall beconsidered to be financial misconduct pursuant to section 121 and the matter maybe referred to the Director of Public Prosecutions where it is suspected that acrime has been committed
Each Public Entity that administers a donor project shall use the accountingand auditing procedures of the Government
The Ministry responsible for Finance shall not release funding for donorprojects to a Public Entity unless such funding is accounted for as donor revenuein the Governmentrsquos accounting system
The Public Entity responsible for an agreement with a donor shall ensurethat the agreement requires the donor to provide information to the Ministryresponsible for Finance on all payments made by the donor under such agreement
Remissions Write-offs and Dispensations
Remissions generally
Subject to sections 42 and 43 no sums due to the Government by wayof revenue and no other public moneys may be remitted except
in the case of sums not exceeding $100 000 under the authority of theMinister responsible for Finance and
(3)
(4)
(5)
(6)
(7)
(8)
42(1)
(a)
46
in the case of sums exceeding $100 000 under the authority of theCabinet and
where a detailed statement of all amounts so remitted shall be auditedand submitted by the Auditor-General to the House of Assembly
A recommendation by the Minister responsible for Finance to the Cabinetfor a remission under this section shall include a report that contains
a description of the proposed remission including the full value of theremission
the names and addresses of all beneficiaries of the proposed remissionsincluding in respect of a company the names and addresses of theshareholders
a statement of the reasons the Minister responsible for Financeconsiders the proposed remission to be in the public interest or that ahardship or injustice has or is likely to result
an analysis of the costs and benefits of the proposed remission
the conditions if any to which the remission is subject and
a list of the value of all remissions that have been granted to each andevery one of the beneficiaries of the proposed remission in the past 10years
The Minister responsible for Finance or the Cabinet as the case may beshall only grant a remission where satisfied that it is in the public interest or thata hardship or injustice has or is likely to result
Remission of duties imposed by way of penalty
Where by virtue of an Act in force in Barbados additional duties aremade payable by way of forfeiture the Minister responsible for Finance uponthe petition of any person who has incurred and paid these additional duties soimposed by way of forfeiture may if in the circumstances of the case he considersit equitable to do so remit such duties
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(3)
43(1)
47
The Accountant-General is hereby authorised and required to pay any suchduties as are remitted under subsection (1) upon the warrant of the Ministerresponsible for Finance or of a person authorised in writing by the Ministerresponsible for Finance
Remission of duties on the address of the House of Assembly
The Minister responsible for Finance may upon the address of theHouse of Assembly remit and order repayment of any duties raised leviedcollected and paid to the Government for the uses of Barbados and theAccountant-General is hereby authorised and empowered to repay the same uponthe warrant of the Minister responsible for Finance or of a person authorised inwriting by the Minister responsible for Finance
Write-offs
The Director of Finance may by certificate write-off all or part of adebt due to the Government that he determines that
he is unable to collect or
the collection of which would not be cost effective
The write-off of all or part of a debt does not extinguish the right of theGovernment to collect the debt
The Director of Finance may delegate the authority to make write-offs andsuch delegation may be general or may relate to a class or classes of write-offsand may be made subject to conditions
Accounting for Remissions and Write-offs
A summary statement of
remissions and write-offs in this Act and
remissions and write-offs made under the authority of any other Actshall be included in the Financial Statements
(2)
44
45(1)
(a)
(b)
(2)
(3)
46(1)
(a)
(b)
48
A summary statement is sufficient if it identifies the type of remission orwrite-off and the names of the persons affected including for a company thenames of the shareholders and the total value of each type of remission or write-off and in the case of a remission or write-off made under the authority of anyother enactment the authority for it
The Accountant-General shall ensure that the summary statement
is available for inspection by the public in a register in the Ministryresponsible for Finance during usual business hours and on an officialwebsite of the Government and
continues to be so available until the Financial Statements containingthe summary statement are laid in Parliament and for 10 yearsthereafter
The register referred to in subsection (3) may be in such form as theAccountant-General determines provided that it contains at least the informationrequired by this section
Power of Minister responsible for Finance to dispense with probate orletters of administration
On the death of any person who was employed in the public service(hereafter in this section referred to as the deceased public officer) and to whomwas payable at the date of his death on account of his public service any salaryallowance pension or gratuity not exceeding the sum of $15 000 the Ministerresponsible for Finance on an application being made for such purpose maysubject to subsection (3) dispense with probate or letters of administration if heis satisfied that it is expedient to do so and direct that any such salary allowancepension or gratuity shall be paid to such person as appears to him best entitled toreceive the same
The Accountant-General is hereby authorised and required to pay upon thewarrant of the Minister responsible for Finance or of a person authorised by theMinister responsible for Finance in writing such sum as may be directed to bepaid under subsection (1)
(2)
(3)
(a)
(b)
(4)
47(1)
(2)
49
Before dispensing with probate or letters of administration and directingthe payment of any sums under subsection (1) the Minister shall satisfy himselfthat every reasonable care has been taken to ascertain whether or not the deceasedpublic officer was indebted to any person at the date of his death
Any payment made under this section shall be valid against all personsand all persons acting under the provisions of this section are absolutelydischarged from all liability in respect of any moneys duly paid or applied bythem under this section but nothing in this section shall in any way interfere withthe right of any creditor or other person having any claim to or upon the propertyof the deceased public officer to proceed against the legal personal representativeof the deceased public officer for the recovery of any money or other propertywhich such creditor or other person may claim
A summary statement of the dispensations made by the Ministerresponsible for Finance under this section shall be included in the FinancialStatements
Financial Asset Management
Medium-Term Financial Asset Management Strategy
The Minister responsible for Finance shall present with the AnnualBudget a Medium-Term Financial Asset Management Strategy
The Medium-Term Financial Asset Management Strategy shall include theprinciples applied by the Government to the management of its investmentportfolio and the acceptable investment instruments having regard to risk
Deposit of Excess Moneys
The Accountant-General may in such manner and at such rates ofinterest as the Director of Finance may approve place on deposit at such bankor banks as the Accountant-General may determine such public moneys as maynot be immediately required to meet current transactions
(3)
(4)
(5)
48(1)
(2)
49
50
Authorised Investments and Investment Requirements
The Minister responsible for Finance having regard to the Medium-Term Financial Asset Management Strategy shall authorise the investment ofmoney forming part of the Consolidated Fund or held in a Special Fund or otherfund for which provision is made by or under an enactment
with a registered bank
in deposits with the Central Bank
in securities approved in accordance with subsection (3) or
in a manner authorised by law for the investment of moneyadministered by a trustee
The Minister responsible for Finance may if he is satisfied that it is in thepublic interest and with the prior approval of Parliament authorise the Directorof Finance to purchase Securities consistent with the Medium-Term FinancialAsset Management Strategy with money credited to the Consolidated Fund
On the next sitting of Parliament following the purchase of securities undersubsection (3) the Minister responsible for Finance shall have
a report laid in Parliament containing the full details of the Securitiespurchased including the investment grade rating if any and
a copy of the agreement made in relation to the purchase together withthe most recent annual financial statements laid in Parliament wheresecurities in either domestic of foreign companies are purchased
Securities
A security taken in respect of a loan shall be taken in the name of theGovernment
The Minister responsible for Finance may on behalf of the Governmentdo any of the things in respect of or in connection with the security that could
50(1)
(a)
(b)
(c)
(d)
(2)
(3)
(a)
(b)
51(1)
(2)
51
be done by the Government including exercising any powers functions andrights
Crediting Interest from Investments
The interest or dividends received from an investment under this Actfrom money from a special fund sinking fund or trust account in a sub-accountof the Treasury Account shall be credited to the fund or trust from which themoneys came to make the investment
Loans by the Government to be authorized by Parliament
The Government shall not lend public money to any personGovernment entity private sector entity or any other entity unless authorized byan Act or a resolution of Parliament
The Government shall not request a resolution of Parliament to authorizea loan from the Government to a person or Government entity private sectorentity or other Government or any other entity unless the loan is
to meet a legal obligation or
required in order to properly perform a function of Government and
for a loan over the value of $100 000
Appropriation Necessary for Lending
Any lending under section 53 shall be made from an Appropriation
Investment in a Commercial State-Owned Enterprise
Subject to the provisions of any other enactment and consistent withthe Medium-Term Financial Asset Management Strategy the Ministerresponsible for Finance may invest money by way of capital injection in aCommercial State-Owned Enterprise only by way of a capital contributionappropriated by Parliament
52
53(1)
(2)
(a)
(b)
(c)
54
55(1)
52
All shares held in a Commercial State-Owned Enterprise by theGovernment shall be held in the name of the Government of Barbados
All rights and powers attaching to the shares in a Commercial State-OwnedEnterprise including the power of sale or disposition held by the Governmentshall be exercised by the Government in accordance with the Laws of Barbados
Loans to be Secured
A loan given by the Government to a person Government entityprivate sector entity other Government or any other entity shall be secured byway of a loan agreement or a debenture mortgage or other suitable instrumentdepending on the circumstances of the loan
Liability Management
Liability Management
The Minister responsible for Finance shall present a Medium-TermDebt Management Strategy with the Annual Budget to Parliament
The Medium-term Debt Management Strategy shall be consistent with thefiscal responsibility principles set out in section 5
The Minister responsible for Finance shall ensure the financing needs ofthe Government are met and payment obligations are made at the lowest possiblecost over the medium term to the long term with a prudent degree of risk
Authority to Borrow and Guarantee
No money shall be raised on the credit of the Government to beguaranteed by the Government except under the authority of an Act or of aresolution of Parliament and any such resolution shall be made prior to the loanbeing contracted or a guarantee granted
Notwithstanding any other enactment it shall not be lawful for theGovernment a Public Entity or a Commercial State-Owned Enterprise to borrow
(2)
(3)
56
57(1)
(2)
(3)
58(1)
(2)
53
from or to give a Government guarantee to any person entity or otherGovernment entity unless the Minister responsible for Finance has approvedsuch borrowing or guarantee in writing and the requirements of this Act arecomplied with
A loan or guarantee that contravenes this Act shall be null and void
Borrowing for Current Requirements
The Minister responsible for Finance may in a Financial Year whenauthorised by resolution of Parliament for the purpose of meeting currentrequirements borrow money from a bank or other financial institution by meansof temporary advances overdraft treasury bills or other similar means subject tothis Act or rules made under this Act and other relevant enactments
Where the Minister responsible for Finance in a Financial Year whenauthorised by resolution of Parliament for the purpose of meeting currentrequirements borrows money from the Central Bank of Barbados by means oftemporary advances the amount shall not exceed 75 per centum of the net receiptsof the estimated revenue of the Government for that financial year
The Minister responsible for Finance shall ensure that any borrowingpursuant to this section is consistent with the Fiscal Responsibility Principlespursuant to section 5 the Fiscal Framework pursuant to section 6 and the AnnualBudget pursuant to section 21
Subject to subsection (1) no Government bank account shall be overdrawnnor any temporary advance obtained from a bank unless authorized by aresolution in Parliament
The interest of all advances referred to in this section shall be charged onthe Consolidated Fund
(3)
59(1)
(2)
(3)
(4)
(5)
54
Borrowing for Non-current Requirements
The Minister responsible for Finance shall determine how money isto be raised for non-current requirements having regard to the Medium-TermDebt Strategy
Where the money is to be raised by the issue and sale of GovernmentSecurities the Minister responsible for Finance may determine having regard tothe Medium-Term Debt Strategy any matter with respect thereto including butnot limited to
the principal amount of the Government Securities to be issued
the rate of interest payable and the rate of any premium or discountapplicable to the Government Securities
the currency in which the principal amount of the GovernmentSecurities and any interest or premium are payable
the sale price of the Government Securities
the form denomination and dates of issue and maturity of theGovernment Securities and
any other terms and conditions of the Government Securities
When raising money by the issue and sale of Government Securities theMinister responsible for Finance shall satisfy any jurisdiction with respect to theoffer issue sale and trade of securities and other transactions relating to securitiesin the jurisdiction including without limitation
the preparation approval filing or delivery of a prospectus or otherdocument or any amendment or supplement to any of them
the registration qualification or exemption from registration orqualification of the Government under the laws of the jurisdictionregarding the offer issue sale or trade of Securities
the listing and trading of securities on a stock exchange
60(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(3)
(a)
(b)
(c)
55
the disclosure of financial and other information
entering into agreements with respect to the offer issue sale or tradeof Securities or other transactions relating to Securities includingunderwriting and similar agreements
providing for the establishment and operation of Sinking Funds inrelation to Government Securities and
the execution of all documents and instruments in relation to mattersdescribed in this subsection
Payment of Loan Moneys into Consolidated Fund
Notwithstanding any enactment to the contrary any money raised bythe Government by loan or by the sale of Government Securities shall be creditedto the Consolidated Fund and paid into the Treasury Account
Minister may change form of Public Debt
Subject to subsection (2) and subject to the consent of the creditorholding the public debt or where the Minister responsible for Finance is entitledto do so the Minister responsible for Finance may change the form of the publicdebt or part of the public debt
The Minister responsible for Finance shall not make a change in the formof the public debt or part of the public debt that has the effect of increasing thepresent value of the public debt except with the approval of Parliament
Debt is a charge on the Consolidated Fund
Section 111 of the Constitution applies in relation to debt charges onthe Consolidated Fund
Guarantee that imposes a liability on the Government
It shall not be lawful for any person to give a guarantee or indemnitythat imposes a contingent liability on the Government
(d)
(e)
(f)
(g)
61
62(1)
(2)
63
64(1)
56
No guarantee shall be granted by the Government without priorauthorisation by a resolution of Parliament
A guarantee shall
be a formal guarantee and not a letter of comfort or othercommunication purporting to commit the Government to obligationsin the nature of a guarantee that is inconsistent with this Act
meet the criteria for guarantees specified in rules made under this Actand
comply with the fiscal responsibility principles in this Act the fiscalobjectives in the Fiscal Framework and be consistent with theMedium-Term Debt Strategy
The Government shall not be liable for any implied guarantees asserted byany individual or entity and shall only be liable for formal guarantees given inaccordance with this Act
A resolution of Parliament referred to in this section shall be published inthe Official Gazette no later than 2 weeks after making the resolution
Payments are debts due to Government
Any money paid by the Government under a guarantee constitutes adebt due to the Government from the person organisation or government inrespect of whom the guarantee was given
A debt referred to in subsection (1)
is recoverable in any court
may be paid over such period of time and on such terms and conditionsas agreed by the Cabinet
Reporting
In addition to the reporting required in this Act the Ministerresponsible for Finance shall publish information in the Financial Statements of
(2)
(3)
(a)
(b)
(c)
(4)
(5)
65(1)
(2)
(a)
(b)
66(1)
57
the Government describing the loans taken and guarantees given during thatFinancial Year
The Ministry responsible for Finance shall maintain memorandumaccounts of the loans taken by the Government and shall arrange repayment inaccordance with the legal obligations
The Ministry responsible for Finance shall ensure that the memorandumincludes information on the principal terms of repayment amounts drawninterest and service charges accrued principal and interest paid and the balanceoutstanding and shall make the memorandum available in a timely way to theMinisters and Parliament if requested
The Ministry responsible for Finance shall in addition to the informationand reporting on loans and guarantees required in this section and other sectionsin this Act provide a report at least every quarter to the Cabinet summarising theposition with loans guarantees and other liabilities
A Public Entity and a Commercial State-Owned Enterprise shall maintainrecords and provide reports to the Ministry responsible for Finance on loansguarantees and other liabilities as required by rules made under section 129
Internal Audit
Internal Audit Office
There shall be a department of the Ministry responsible for Financeknown as the Internal Audit Office which shall be responsible generally forconducting audits of Public Entities
The internal audit function shall operate in a manner consistent withInternational Auditing Standards to evaluate and improve risk managementcontrol and governance processes in relation to Public Entities
(2)
(3)
(4)
(5)
67(1)
(2)
58
Functions of the Internal Audit Office
The responsibilities of the Internal Audit Office shall include
publishing on an official website of the Government standards andprocedures consistent with international standards for the conduct ofinternal audit activities
preparing the Government level annual audit plan that shall providecoverage of major risks and exposures across Public Entities and StateOwned Enterprises
assessing the risk management control and governance processes forPublic Entities and State Owned Enterprises including whether
risks are appropriately identified and managed
public moneys and assets are adequately safeguarded and usedas intended
financial and operating information is accurate completereliable and timely
ethical standards and values are established and followed
applicable laws policies and procedures are complied with and
resources are applied to achieve the strategic objectives of theentity and the Government
providing assurance to the Chief Executive Officer that operations arebeing carried out economically efficiently effectively
providing the Chief Executive Officer with professional and impartialopinions and advice on systems of risk management control andgovernance with recommendations concerning activities reviewedand
monitoring and reporting on the implementation of recommendationsarising from audit reports
68
(a)
(b)
(c)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(d)
(e)
(f)
59
Director of Internal Audit
The Internal Audit Office shall be managed by a Director of InternalAudit or other appropriate public officer designated by the Minister responsiblefor Finance
The Director of Internal Audit shall report for management purposes to theDirector of Finance and for functional purposes to the Internal Audit Committee
The Director of Internal Audit shall manage the internal audit function ofPublic Entities having regard to the technical and professional advice of theInternal Audit Committee
The Director of Internal Audit and officers assigned to the Internal AuditOffice of the Ministry responsible for Finance shall have access to
the premises property information and records in any form of a PublicEntity or Commercial State-Owned Enterprise and
Public Officials and public officer holders
to seek explanations necessary to conduct an audit
The Director of Internal Audit shall provide a copy of each audit report tothe
Comptroller-General
Internal Audit Committee
Chief Executive Officer of the Public Entity audited and
Auditor-General
The Director of Finance shall where he determines to be necessary directthe establishment of internal audit offices within Public Entities
69(1)
(2)
(3)
(4)
(a)
(b)
(5)
(a)
(b)
(c)
(d)
(6)
60
Internal audit offices in Public Entities and Commercial State-OwnedEnterprises
Where a Public entity has an internal audit office that Public Entityshall submit a copy of the internal audit report of that entity to the
Comptroller-General
Internal Audit Committee and
Auditor-General
when requested to do so by the Director of Finance
Internal Audit Committee
There shall be a Committee which shall be known as the ldquoInternalAudit Committeerdquo
The provisions of the Eighth Schedule have effect with respect to theconstitution of the Committee and otherwise in relation thereto
Duties of the Internal Audit Committee
The Internal Audit Committee shall
review the work of the internal auditors of the Government
recommend and periodically review an internal audit charter for theGovernment for approval by the Director of Finance
provide advice to the Director of Finance on the sufficiency ofresources of the Internal Audit Office in the Government
review and recommend for approval by the Director of Finance anannual internal audit plan which shall include the resources for theInternal Audit Office the scope of work and planned activities
adopt standards consistent with international internal auditingstandards and set requirements for the internal audit work in the
70
(a)
(b)
(c)
71(1)
(2)
72
(a)
(b)
(c)
(d)
(e)
61
Government including the content timing and circulation of internalaudit reports and shall communicate such standards and requirementsto public officers and public office holders including internal auditors
review and recommend for approval internal audit reports andcorresponding management action plans to address recommendations
require public officers or public office holders to attend meetings toexplain the reasons for deficiencies in internal audit reports and theplans and actions to correct such deficiencies
review reports on progress against the internal audit plan and requestsfrom Permanent Secretaries other Chief Executive Officers publicofficers or public office holders for advice audit of projects fraudinvestigations or other assistance
assess and make recommendations to improve the performance of theinternal auditors of the Government
provide advice to the Director of Finance on the recruitmentappointment and performance management of the Director of InternalAudit
provide the Director of Internal Audit with direct access to the InternalAudit Committee and
refer matters for consideration by the appropriate authorities includingthe Director of Public Prosecutions Accountant-General and thePolice where the Internal Audit Committee has made a decision that areferral is necessary
Internal Audit Standing Instructions
The Director of Finance may after consulting with the Internal AuditCommittee issue standing instructions to Public Entities State OwnedEnterprises or Commercial State-Owned Enterprises consistent with this Act
(f)
(g)
(h)
(i)
(j)
(k)
(l)
73
62
Internal Audit Requirements of a Commercial State-OwnedEnterprise
The board of directors of each Commercial State-Owned Enterpriseshall be responsible for establishing and maintaining an internal audit functionconsistent with International Auditing Standards
PART VI
AUDITOR-GENERAL
Duties of Auditor-General
The Auditor-General is the auditor of the financial statements for theGovernment of Barbados
The Auditor-General shall also
be responsible for the audit and inspection of all public accountswhether such accounts are of general revenue credited to andexpenditure met from the Consolidated Fund or of special funds ordepartmental accounts and statutory bodies which receive all or part oftheir funds from the Consolidated Fund
apply to the public accounts such an examination as will enable him toascertain that in his opinion the accounts are kept on a proper systemthat they are punctually and properly posted and that checks againstirregularity and fraud are adequate and effective
prepare and deliver an audit opinion to the entity whose statementshave been audited
satisfy himself that all standing instructions enactments and other lawsof Barbados relating to finance and accounts are strictly observed and
74
75(1)
(2)
(a)
(b)
(c)
(d)
63
examine and in accordance with the outcome of his examination reporton the several statements and accounts which are required to besubmitted to him under this Act
The Auditor-General may carry out examinations into the economicalefficient and effective use of resources of any Ministry or Department or anyother entity required to be audited by him
Subsection (3) shall not be construed as entitling the Auditor-General toreview the merits of the policy objectives of Government in respect of anyMinistry Department or statutory body
The Auditor-General may refer matters for consideration by theappropriate authorities including the Director of Public ProsecutionsAccountant-General and the Police where the Auditor-General has made adecision that a referral is necessary
Certification of Pensions
The Auditor-General shall examine the calculations and computationsof all pensions and gratuities or similar awards before any award is made andshall certify that they are arithmetically correct and are in accordance with allstatutory provisions relating thereto
Auditor-Generalrsquos Report
The Auditor-General shall report annually as soon as possible and notlater than the last day of December following the close of each financial year theresults of his examination of the accounts and any failure to observe theenactments or other laws of Barbados
Notwithstanding subsection (1) the Auditor-General may at any time ifit appears to him to be desirable transmit to the House of Assembly a specialreport on any matter incidental to his powers and duties under this Act
The estimates of expenditure of the office of the Auditor-General shall betransmitted to the House of Assembly through the Public Accounts Committee
(e)
(3)
(4)
(5)
76
77(1)
(2)
(3)
64
and the Public Accounts Committee shall consider the estimates in accordancewith subsection (4)
In considering the estimates of expenditure under subsection (3) the PublicAccounts Committee shall ensure that the estimates of expenditure are adequateto enable the Auditor-General to fulfil the responsibilities of the office of Auditor-General and for this purpose may make comments for the consideration of theAuditor-General who shall consider the comments and if necessary revise theestimates of expenditure for re-submission to and approval by the PublicAccounts Committee
Every report of the Auditor-General shall be addressed to the Speaker ofthe House of Assembly who shall lay the report before the House of Assemblyas soon as possible after the report is received by him
A copy of every report of the Auditor-General shall also be transmitted tothe Senate for information
Powers of Auditor-General
For the purpose of his examination under section 75(3) the Auditor-General is at all times entitled to
have access to all books records including data held or storedelectronically vouchers payment requests documents returns cashstamps securities stores or other property in whatever form existingin the possession of the audited body and every facility shall be givenfor carrying out the examination
send for and have custody of any books accounts vouchers paymentrequests papers data held or stored electronically or any otherinformation in whatever form existing under the control of the auditedbody relating to the matter under examination and to keep such booksaccounts vouchers payment requests or papers for such time as hemay require them
(4)
(5)
(6)
78(1)
(a)
(b)
65
call upon any officer for any explanation and information the Auditor-General may require in order to enable him to discharge his duties
require any department concerned to furnish him from time to time orat regular periods with accounts of the transactions of such departmentup to the date as he may specify
without payment of any fee cause a search to be made in and extractsto be taken from any book document or record in any public office
summon and examine upon oath declaration or affirmation (whichoath declaration or affirmation the Auditor-General is herebyempowered to administer) all persons whom he thinks fit to examinerespecting
the receipt or expenditure of money
the receipt or issue of any stores affected by this Act and
all other matters and things whatever necessary for the dueperformance of his functions
and any person so summoned is upon production of a certificate of theAuditor-General entitled to payment for his attendance in accordance withthe provisions of the Witnesses and Interpreters (Payment) Act Cap 119as if he were a witness attending a legal proceeding in obedience to asummons issued at the instance of the Government but the Auditor-Generalmay if he thinks fit in any case disallow the whole or any part of suchpayment
require every person employed in the office of the Auditor-Generalwho has to examine the accounts of a department to comply with anysecurity requirements applicable thereto and to take any oath ofsecrecy required to be taken by persons employed in that department
Any person summoned under paragraph (f) of subsection (1) who withoutreasonable excuse fails to obey the summons is guilty of an offence and is liable
(c)
(d)
(e)
(f)
(i)
(ii)
(iii)
(g)
(2)
66
on summary conviction to a fine of $10 000 or to imprisonment for a term of12 months
Authorisation to perform duties
The Auditor-General may authorise any officer in the office of theAuditor-General to perform on his behalf any of his functions under this Act orany other Act other than the administering of oaths and the certifying of andreporting on accounts for the House of Assembly
Where it appears to the Auditor-General that
any irregularities have occurred in the collection custody orexpenditure of public moneys or in the accounting for the same
any irregularities have occurred in the receipt custody issue saletransfer or delivery of any stamps securities stores or other propertyof the Government or in the accounting for the same
any loss of or damage to the property of the Government has not beenduly reported to the Director of Finance
the Auditor-General shall immediately bring the matter to the notice of theaccounting officer and where the case is serious report the circumstances to theDirector of Finance
Examination of accounts on request
The Auditor-General shall if required by
a resolution of the House of Assembly
the Public Accounts Committee of Parliament or
the Minister responsible for Finance
examine the accounts of any person or organisation who has received moneys byway of a grant or a loan out of funds voted by Parliament or in respect of whomfinancial aid from the Government is sought
79(1)
(2)
(a)
(b)
(c)
80(1)
(a)
(b)
(c)
67
The Auditor-General submit a report on the results of the examinationconducted pursuant to subsection (1) to the House of Assembly or to the Ministerresponsible for Finance
Where the Minister responsible for Finance fails within a reasonable timeto present the report referred to in subsection (2) to the House of Assembly theAuditor-General shall transmit the report to the Speaker of the House ofAssembly to be presented by him to the House of Assembly
Fees for auditing accounts
The Auditor-General may subject to approval by the Ministerresponsible for Finance charge a fee for auditing the accounts of a person or bodywhose expenditure is not met from the Consolidated Fund
Any fees received by the Auditor-General under subsection (1) shall becredited to the Consolidated Fund
Engagement of services by Auditor-General
The Auditor-General may engage the services of professionallycompetent persons to assist in the conduct of audits and payment for suchservices shall be charged on the Consolidated Fund
Where under subsection (1) the Auditor-General engages a private auditorto conduct the audit of a Government entity the auditor of the entity shall makeavailable all working papers and other documents to the Auditor-General
Officers of the Audit Office
The Audit Office shall consist of the Auditor-General and such otherofficers and employees as are assigned to him
(2)
(3)
81(1)
(2)
82(1)
(2)
83
68
PART VII
ACCOUNTS AND REPORTS
Accounts
Standing instructions to Accounting Officers
The Director of Finance may issue standing instructions in respect of
the preparation of estimates in the form of a budget
the collection payment management and administration of and theaccounting for public moneys
the purchase receipt custody issue sale transfer or delivery of anystamps securities stores or other property of the Government
the keeping of records of the Government or
any other purpose necessary for the efficient administration of thefinancial business of the Government
Timing of accounting for moneys recovered
The recovery by the Government of an expenditure charged to anAppropriation for goods or services received
before the end of the Financial Year in which the expenditure was madeshall be credited to the Appropriation against which the expenditurewas charged or
after the end of the Financial Year shall be credited to the appropriaterevenue account of the Financial Year in which it is received
84
(a)
(b)
(c)
(d)
(e)
85
(a)
(b)
69
Reporting and Transparency Requirements
Monthly Reports
The Director of Finance shall prepare a monthly report on the financialperformance of the Government against the Annual Budget and AppropriationAct
The Minister responsible for Finance shall provide the monthly report tothe Cabinet no later than 28 days after the end of each month to which the reportrelates
The Director of Finance shall publish the monthly report on the officialwebsite of the Government no later than 14 days after the report is provided tothe Cabinet
The Auditor-General or the Director of Internal Audit may audit themonthly reports referred to in this section and the Chief Executive Officer of agovernment entity shall provide the information required by the Director ofInternal Audit or the Auditor-General to conduct such audit
The Director of Finance shall provide other periodic reports on financialor non-financial matters to the Minister responsible for Finance
Mid-Year Review Report
The Minister responsible for Finance shall have a Mid-Year ReviewReport on progress made against the Fiscal Framework and the Annual Budgetas specified in the Fourth Schedule laid in Parliament no later than 31st October
The Director of Finance shall publish the Mid-Year Review Report on anofficial website of the Government on the same day as the Report is laid and shallmake a printed copy available as soon as practicable
Financial Statements of the Government
In respect of each financial year and within a period of 4 months afterthe close of each financial year the Accountant-General shall prepare sign and
86(1)
(2)
(3)
(4)
(5)
87(1)
(2)
88(1)
70
transmit to the Auditor-General the following statements in respect of theGovernment
a statement of the financial position at the balance sheet date
a statement of financial performance
a statement of cash flows
a statement of borrowings
a statement of sinking fund and sinking fund assets for the year
a statement of contingent liabilities of the Government as at the balancesheet date including any Government guarantees or indemnities
a statement of all amounts remitted pursuant to sections 42 43 and 44
a statement of accounting policies
such other statements as are necessary to fairly reflect the financialoperations of the Government for that year and its financial position atthe end of the financial year and in relation to each statement requiredby paragraphs (a) to (g) of this subsection and where appropriateparagraph (i) of this subsection
budgeted figures for the financial year and
comparative budgeted and actual figures for the previous financialyear
In respect of each financial year and within a period of 2 months after theclose of the financial year
accounting officers shall prepare sign and transmit to the Director ofFinance and the Auditor-General in such manner as the Director ofFinance may approve appropriation accounts in respect of the headsfor which they are responsible
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(ii)
(2)
(a)
71
accounting officers shall prepare sign and transmit to the Director ofFinance and the Auditor-General in such manner as the Director ofFinance may approve
a statement of performance for each programme of the Ministryincluding the results achieved by the Ministry during the year ascompared with the programmes budgeted for that year
a schedule of capital assets at the balance sheet date
a statement of the commitments and any other liabilities inrelation to the activities of the Ministry as at the balance sheetdate
such other statements as are necessary to fairly reflect thefinancial operations of the Ministry and
budgeted figures for the financial year and comparative actualand budgeted figures for the previous financial year and
accounting officers and collectors of revenue shall prepare sign andtransmit to the Director of Finance the Auditor-General and theAccountant-General in such manner as the Director of Finance maydirect approved statements of receipts revenue receivables refundswaivers and remittances and
the officer primarily responsible for a fund to which moneys have beenappropriated by Parliament shall prepare sign and transmit to theAuditor-General the Director of Finance and the Accountant-Generalfinancial statements in respect of the fund
The annual financial statements shall be prepared in accordance withaccounting standards and practices required by the Accountant-General underthis Act
The statements and accounts mentioned in subsections (2) and (3) whencertified and reported on shall be sent by the Auditor-General to the Speaker ofthe House of Assembly to be laid before the House of Assembly
(b)
(i)
(ii)
(iii)
(iv)
(v)
(c)
(d)
(3)
(4)
72
The Director of Finance shall publish the Financial Statements of theGovernment on an official website of the Government on the same day as thereport is laid in Parliament and shall make a printed copy available as soon aspracticable
Annual Report on Non-Financial Performance
A Minister shall no later than 3 months after the end of every FinancialYear prepare an Annual Report on the non-financial performance of the PublicEntities or Commercial State-Owned Enterprises he is responsible for
The Annual Report on Non-Financial Performance shall be laid inParliament no later than the day the Auditor-General has laid the FinancialStatement of the Government
The Director of Finance shall publish the Annual Report on an officialwebsite of the Government on the same day as the report is laid in Parliamentand shall make a printed copy available as soon as practicable
Publication of Financial Statements and Annual Report of theGovernment
The Director of Finance shall publish the Financial Statements theAudit Opinion and the Annual Report of the Government on the official websiteof the Government no later than one week after these documents have been laidin Parliament and shall publish such reports in printed form as soon as practicable
Public Accounts Committee
The Public Accounts Committee of Parliament shall
review the annual audited Financial Statements of the Government asa whole and the annual report on non-financial performance
review the annual reports including the non-financial performanceachieved and the audited financial statements for each Public Entityand Commercial State-Owned Enterprise and
(5)
89(1)
(2)
(3)
90
91(1)
(a)
(b)
73
report to Parliament on the results of such reviews no later than the firstweek of the tenth month of the financial year following the financialyear under review and such report shall include recommendations onthe actions to be taken
The Chairperson of the Public Accounts Committee shall ensure that theCommittee meets as often as is necessary to perform the functions required bythe Public Accounts Committee Act Cap 10A and this Act
Parliament shall
consider the report of the Public Accounts Committee on the reviewsset out in subsection (1)
review the report of the Auditor-General on the accounts and otherperformance of the Government and
debate the recommendations contained in the reports referred to in thissubsection
Parliament shall complete the reviews and debates in this section no laterthan the end of the tenth month after the end of the Financial Year to which thereports and reviews in this section relate
PART VIII
MINISTRY ACCOUNTABILITY
Performance of Ministry
The financial and non-financial performance report expected for aMinistry shall be included in the Estimates and shall be submitted to the Ministerresponsible for Finance by the Minister
(c)
(2)
(3)
(a)
(b)
(c)
(4)
92
74
Agreements and Review of Performance of Ministry
The Minister or the Minister responsible for Finance may commissiona review of a Ministry with regard to its performance
The Minister shall monitor the overall performance of the Ministry andmay have an output agreement and performance review process with thePermanent Secretary of the Ministry he is responsible for or with any otherMinistry providing services funded from the budget the Minister is responsiblefor
The Director of Finance may review the performance of each State-OwnedEnterprise or Commercial State-Owned Enterprise to ensure compliance with therequirements of this Act and shall provide a letter to the Minister responsible forFinance and the Minister on such performance no later than 30th November eachyear
A Permanent Secretary may have a service agreement and performancereview process with an entity providing services funded from the budget of theMinistry
PART IX
ACCOUNTABILITY
General Matters
Classification of Entities
A Government entity that is not a Ministry or a Department shall beclassified as
a State-Owned Enterprise and shall be set out in the First Schedule ofthis Act or
93(1)
(2)
(3)
(4)
94(1)
(a)
75
a Commercial State-Owned Enterprise and shall be set out in theSecond Schedule of this Act
The Government shall only classify an entity as a Commercial State-Owned Enterprise if the entity
is owned or controlled by the Government
provides or will provide services in the market or undertakescommercial activities that are or could be carried out by a private sectoroperator and
does or has potential to operate successfully with the primary objectiveto operate as a successful business and to earn a similar return on theownersrsquo funds over the medium term as that earned by comparablebusinesses not owned by the Government
The Government shall only classify a Government entity as a State-OwnedEnterprise if the entity
is not or is not suited to be a Ministry part of a Ministry or CommercialState-Owned Enterprise
is owned or controlled by the Government
has a mandate that requires
a greater degree of flexibility to manage resources than is possiblefor a Ministry and
a greater degree of autonomy in fulfilling its mandate than is thecase for a Ministry
Before establishing a State-Owned Enterprise or a Commercial State-Owned Enterprise the Cabinet shall consider the costs benefits and risksincluding the fiscal costs to the Government over the long term and shall presenta report on these matters to the Cabinet prior to establishing the entity
The Government shall from time to time review the classification and formof an entity or a group of entities to assess whether the classification and form is
(b)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(i)
(ii)
(4)
(5)
76
best suited to the efficient effective and economical achievement of the mandateof the entity
Minister for a State-Owned Enterprise or a Commercial State-OwnedEnterprise
The Minister for a State-Owned Enterprise shall be the Ministerassigned responsibility for that State-Owned Enterprise in accordance withsection 72 of the Constitution
The Minister for a State-Owned Enterprise shall be responsible for theperformance of the functions given to him by this Act or rules made under thisAct and any other relevant enactments including the requirement to oversee anddirect in accordance with this Act the State-Owned Enterprise under hisresponsibility to achieve the performance specified in the Annual Budget and theAnnual Plan
A Minister shall oversee and direct in accordance with this Act theCommercial State-Owned Enterprise under his responsibility to achieve theperformance specified in the Statement of Corporate Intent and the Annual Plan
A Minister of a Commercial State-Owned Enterprise shall exercise hispowers on behalf of the Government and in the public interest including whenexercising the voting rights attached to the shares of the Commercial State-Owned Enterprise
Specific responsibilities of Minister responsible for Finance
The Minister responsible for Finance shall have the responsibilitiesregarding financial management for State Owned Enterprises and CommercialState-Owned Enterprises in addition to the responsibilities of a Minister for aState Owned Enterprises or a Commercial State-Owned Enterprise including
approving Government loans and guarantees for Commercial State-Owned Enterprises and State Owned Enterprises
95(1)
(2)
(3)
(4)
96
(a)
77
approving significant financing proposals for Commercial State-Owned Enterprises and State Owned Enterprises
setting and enforcing the Governmentrsquos ownership expectations forCommercial State-Owned Enterprises and State Owned Enterprises
monitoring the financial performance and risks of Commercial State-Owned Enterprises and State Owned Enterprises
taking the necessary disciplinary action required pursuant to the ThirdSchedule to the Public Service Act Cap 29
other responsibilities in this Act or rules made under this Act and anyother relevant enactments
Board of a Commercial State-Owned Enterprise and a State-OwnedEnterprise
A board of a State-Owned Enterprise or Commercial State-OwnedEnterprise shall be responsible for
providing corporate governance consistent with good practicecorporate governance standards
overseeing and managing the Governmentrsquos interests in the entity
ensuring the entity metes on its statutory requirements
ensuring the entity metes on the Annual Plan in respect of a State-Owned Enterprise and the Statement of Corporate Intent and AnnualPlan in respect of a Commercial State-Owned Enterprise and
meeting the requirements for directors under Part IX
In addition to the general requirements in subsection (1) each director ofa State-Owned Enterprise or a Commercial State-Owned Enterprise and the boardcollectively shall be responsible for
appointing and removing the Chief Executive Officer
(b)
(c)
(d)
(e)
(f)
97(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
78
defining areas of priority for the State-Owned Enterprise orCommercial State-Owned Enterprise
ensuring the production of the Annual Plan for a Commercial State-Owned Enterprise the Annual Plan and the Statement of CorporateIntent as required by this Act
ensuring the production of the Annual Report and other reports asrequired by this Act
meeting legal obligations including those specified in the CompaniesAct Cap 308 for entities incorporated under this Act
fulfilling the requirements of the Minister or the Minister responsiblefor Finance and their supporting Ministries consistent with this Act
overseeing the management of the entity including overseeing themanagement of risks
ensuring the entity has adequate corporate governance arrangementsincluding for the management of risks
acting in the best interests of the State-Owned Enterprise orCommercial State-Owned Enterprise
fulfilling the duties of a director with diligence and honesty
ensuring that any conflict of interest is declared to the board and thatthe director does not take part in making a decision if a conflict ofinterest exists and
other matters specified in rules made under this Act
The directors of a Commercial State-Owned Enterprise and the directorsof a State-Owned Enterprise shall be appointed by the Cabinet
Nomination of Directors
Where a Minister or the Minister responsible for Finance isempowered by an enactment to appoint a person as a director to the board of a
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(3)
98
79
State-Owned Enterprise or a Commercial State-Owned Enterprise he shall seekthe approval of the Cabinet
Training of Directors of a State-Owned Enterprise or a CommercialState-Owned Enterprise
Directors of a State-Owned Enterprise or a Commercial State-OwnedEnterprise shall within a reasonable time of accepting their instruments ofappointment attend training seminars on the principles of good corporategovernance organised through the Ministry of Finance or an entity or individualso designated by the Ministry
Chief Executive Officer of a State-Owned Enterprise and aCommercial State-Owned Enterprise
The board of the State-Owned Enterprise or the board of theCommercial State-Owned Enterprise shall appoint the Chief Executive Officerwho shall be responsible to the board for managing the State-Owned Enterpriseor Commercial State-Owned Enterprise
The employment contract for a Chief Executive Officer of a CommercialState-Owned Enterprise or a State-Owned Enterprise and the enactment applyingto such contract shall form the basis for the employment relationship
Standing Instructions of the Minister responsible for Finance
The Minister responsible for Finance may issue standing instructionsto a State-Owned Enterprise or a Commercial State-Owned Enterprise on policymatters consistent with this Act or any other enactments with regard to but notlimited to
accountability requirements
corporate governance
roles and responsibilities of Ministers boards of directors and staff
remuneration of staff and board directors
99
100(1)
(2)
101
(a)
(b)
(c)
(d)
80
planning
performance expectations including dividends
business case requirements
investments including participation in private public partnerships
liability management including borrowing
asset management (financial physical human and intellectual)
risk management including liabilities
reporting
information provision
disclosures
monitoring
reviews of investment
reviews of performance and
other matters considered necessary by the Minister
Accounting Standards
A Public Entity shall implement International Accounting Standardsand practices in accordance with the accounting standards and standinginstructions issued by the Accountant-General under this Act and shall keepproper books of account of its revenues expenditures assets and liabilities
A Commercial State-Owned Enterprise shall implement InternationalAccounting Standards and shall keep proper books of account of its revenuesexpenditures assets and liabilities
Protection of Commercially Sensitive Information
Nothing in this Act shall be construed as requiring the inclusion ofinformation in the Statement of Corporate Intent Annual Report or other publicly
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
102(1)
(2)
103
81
available report that would be likely to unreasonably prejudice the commercialposition of the Commercial State-Owned Enterprise
Financial year for Public Entities and Commercial State-OwnedEnterprises
Each Public Entity and Commercial State-Owned Enterprise shallhave the same financial year as the Government being the 12 months beginningon the 1st day of April and ending on the 31st day of March of the following year
State-Owned Enterprise Accountability
Annual Plan of a State-Owned Enterprise
A State-Owned Enterprise shall have an Annual Plan that shall include
strategic priorities for the medium-term that reflect the Governmentrsquospriorities and plans
a description of how the State-Owned Enterprise is responding to thechanging environment including description of significant changesfrom previous Annual Plan
services with outputs to be delivered in the coming Financial Year withdetails of
the outputs to be provided
the strategic priorities and outcomes that the outputs willcontribute to
measurable indicators of performance where feasible and
the budget allocated to groups of outputs consistent with theclassification used in the Annual Budget
payments on behalf of the Government including grants benefits andsubsidies to be paid
104
105(1)
(a)
(b)
(c)
(i)
(ii)
(iii)
(iv)
(d)
82
significant capital developments
a description of intentions to develop capability for physicalintellectual human and other resources including measurableindicators where feasible
a summary budget which shall include forecast financial statements
financial and other assumptions
a statement of fiscal risks and the intended management of these fiscalrisks and
other matters required by the Minister responsible for Finance or theMinister with the agreement of the Minister responsible for Finance
The board of directors of a State-Owned Enterprise if there is one or theChief Executive Officer where there is no board shall
agree the Annual Plan and Annual Budget with the Minister and theMinister responsible for Finance
consult in a manner to be determined by the Minister of the State-Owned Enterprise on any significant changes to the Annual Plan
submit a summary plan of the Annual Plan and Annual Budget to theMinistry and to the Ministry responsible for Finance by May 15th ofeach year
submit the Annual Plan and Annual Budget to the Ministry and to theMinistry responsible for Finance by the date set by the Director ofFinance but no later than December 15th of each year
publish the Annual Plan on the official website of the Government nolater than one week after the adoption of the Annual Budget byParliament
A Minister shall have the Annual Plan in respect of the State-OwnedEnterprise laid in Parliament on the same day as the Annual Budget
(e)
(f)
(g)
(h)
(i)
(j)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
83
Mid-Year and Annual Report of a State-Owned Enterprise
The board of directors and Chief Executive Officer of a State-OwnedEnterprise shall ensure that the reporting requirements of this Act are compliedwith
The board of directors of a State-Owned Enterprise shall cause to beprovided to the Minister Minister responsible for Finance and the Director ofFinance a mid-year report no later than one month after the end of the first 6months of the financial year
The mid-year report referred to in subsection (2) shall include informationon the following
significant variations in performance from the Annual Plan
progress with significant capital developments
financial performance which shall include unaudited financialstatements
financial and other assumptions
report on fiscal risks and management of the fiscal risks
other matters required by the Minister responsible for Finance or theMinister with the agreement of the Minister responsible for Finance
The board of directors of a State-Owned Enterprise shall cause to beprovided to the Minister Minister responsible for Finance and the Director ofFinance an Annual Report no later than 4 months after the end of the FinancialYear
The Annual Report referred to in subsection (4) shall include informationon the following
strategic priorities and outcomes in the Annual Plan
106(1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(4)
(5)
(a)
84
outputs delivered with measurable indicators of actual performance foroutputs or groups of outputs consistent with the classification used inthe Annual Budget
significant variations in performance from the Annual Plan
payments made on behalf of Government including grants benefitsand subsidies to be paid
progress with significant capital developments
advances or issues in capability for physical intellectual human andother resources including measurable indicators where feasible
financial performance which shall include audited financialstatements
financial and other assumptions
the auditors report on the financial statements
report on fiscal risk and the management of the fiscal risks
the remuneration paid to each director including value of benefits inkind
the remuneration paid to senior management including all benefits inkind presented in the form of number of employees within salary bandsand
other matters required by the Minister responsible for Finance or theMinister with the agreement of the Minister responsible for Finance
The Annual Report for a State-Owned Enterprise shall be
submitted to the Auditor-General or his agent no later than July 31st ofeach year and shall be audited for service performance
presented to the Minister and the Minister responsible for Finance bythe board of directors where there is one and by the Chief ExecutiveOfficer if there is no board of directors
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(6)
(a)
(b)
85
laid in Parliament by the Minister no later than 7 months after the endof the Financial Year and
published by the State-Owned Enterprise to which the report relates onan official website of the Government no later than one week after theAnnual Report is laid in Parliament
Performance Agreements and Reviews
The Ministry responsible for Finance shall monitor and review theperformance of State Owned Enterprises including
compliance with this Act
financial
non-financial performance
fiscal risks and
any other matters specified by the Minister responsible for Finance
The Director of Finance may review the performance of a State-OwnedEnterprise against the requirements of this Act the Annual Budget and theAnnual Plan of the State-Owned Enterprise and shall provide a letter to theMinister responsible for Finance and the Minister on such performance no laterthan 30th October each year
A Minister shall have responsibility to monitor and review the overallperformance of a State-Owned Enterprise in his portfolio and the role of theMinister responsible for Finance in this Act shall not absolve the Minister fromhis responsibility
A Minister or the Minister responsible for Finance may commission aformal review of a State-Owned Enterprise
The board of directors Chief Executive Officer and staff of a State-OwnedEnterprise shall cooperate with a review under this Act and shall supply to theMinister the Minister responsible for Finance and the Ministry responsible for
(c)
(d)
107(1)
(a)
(b)
(c)
(d)
(e)
(2)
(3)
(4)
(5)
86
Finance or their agents with such information relating to the affairs of the State-Owned Enterprise as the Minister Minister responsible for Finance Ministryresponsible for Finance or the agent requests
A Minister may have an output agreement and performance review processwith a State-Owned Enterprise providing services funded from the budget theMinister is responsible for
The board of directors if there is one and in the absence of a board ofdirectors then the authority with responsibility for reviewing the performance ofthe Chief Executive Officer shall consider the performance review of the outputagreement performance compared to the Annual Plan and the letter referred toin subsection (2) when reviewing the performance each year for the ChiefExecutive Officer of a State-Owned Enterprise
A Chief Executive Officer of a State-Owned Enterprise may have a serviceagreement and performance review process with an entity providing servicesfunded by the State-Owned Enterprise
Public Meeting of a State-Owned Enterprise
A State-Owned Enterprise shall hold a public meeting every two yearsand a report shall be presented at the public meeting on the following
the performance of the State-Owned Enterprise over the last year
the current state of the State-Owned Enterprise and
the expected performance of the State-Owned Enterprise for the next2 years
(6)
(7)
(8)
108
(a)
(b)
(c)
87
Commercial State-Owned Enterprise Accountability
Objective of a Commercial State-Owned Enterprise
The board of directors of a Commercial State-Owned Enterprise shallensure that the Commercial State-Owned Enterprise achieves the
primary objective to operate as a successful business and to earn areturn on the ownerrsquos funds over the medium-term and
additional objectives contained in the Statement of Corporate Intentand Annual Plan
Timing Statement of Corporate Intent and Annual Plan
The board of directors of each Commercial State-Owned Enterpriseshall provide a Statement of Corporate Intent and an Annual Plan for theCommercial State-Owned Enterprise and all its subsidiaries to the Minister byno later than December 15th of each year
Contents of Statement of Corporate Intent
The board of directors of a Commercial State-Owned Enterprise shallcause to be prepared a Statement of Corporate Intent for the entity and itssubsidiaries (the group) that shall have a medium term scope with a focus on theforthcoming financial year and shall include
the objectives of the entity or group
the nature and scope of the activities to be undertaken
the ratio of consolidated owners funds to total assets and definitionsof those terms
the accounting policies
the expected performance for the medium term of the entity or groupin relation to its objectives
109
(a)
(b)
110
111
(a)
(b)
(c)
(d)
(e)
88
a statement of the principles adopted in determining the annualdividend together with an estimate of the amount or proportion ofannual earnings after tax (from both capital and revenue sources) thatis intended to be distributed to the Government where applicable
the information to be provided to the Minister by the Commercial State-Owned Enterprise during the course of those financial years includingthe information to be included in the in-year reports
the procedures to be followed before any member of the entity or groupsubscribes for purchases or otherwise acquires shares in any companyor other organisation
any activities for which the board of directors seeks compensation fromthe Government whether or not the Government has agreed to providesuch compensation
a statement of social responsibility and
such other matters as are agreed by the Minister and the board ofdirectors
Contents of Annual Plan
The board of directors of a Commercial State-Owned Enterprise shallcause to be prepared an Annual Plan containing
details for the forthcoming financial year of the expected performancetargets and other measures by which the performance of the group maybe judged in relation to its objectives in the Statement of CorporateIntent which shall include the performance indicators required by theMinister responsible for Finance
an explanation of variations in performance from the previous AnnualPlan
forecast financial statements including an estimate of the anticipatedprofit for each of the 2 forthcoming years and the dividend to be paid
(f)
(g)
(h)
(i)
(j)
(k)
112
(a)
(b)
(c)
89
to the Government where applicable with sufficient detail for theforthcoming financial year to enable meaningful assessment againstthose expectations after the end of that financial year
any proposed major financing transactions
a statement of any arrangements or proposed arrangements to providegoods or services for less than the cost of those services or to receiveservices from a government entity for less than the cost to provide thegoods or services
a statement of fiscal risks and the intended management of the fiscalrisks
other matters as are agreed by the Minister and the board of directorsand
additional information prescribed for a plan in the establishment lawfor the Commercial State-Owned Enterprise
Statement of Corporate Intent and Annual Plan
The Minister shall agree on the Statement of Corporate Intent and theAnnual Plan with the board of directors of the Commercial State-OwnedEnterprise
The Minister may issue instructions to the board of directors in writing tomake a change to the Statement of Corporate Intent or the Annual Plan prior tothe finalisation of the Statement of Corporate Intent or the Annual Plan providedthat the instructions
comply with the legal mandate and obligations of the CommercialState-Owned Enterprise and
is in the public interest
(d)
(e)
(f)
(g)
(h)
113(1)
(2)
(a)
(b)
90
The Minister may agree with the board of directors to make a change tothe Statement of Corporate Intent or the Annual Plan during the Financial Yearor may direct the board of directors to make a change provided that the directive
complies with the legal mandate and obligations of the CommercialState-Owned Enterprise and
is in the public interest
The Chief Executive Officer shall publish any change during the FinancialYear to a Statement of Corporate Intent or an Annual Plan on an official websiteof the Government no later than one week after agreeing the change or receivingan instruction to make a change
Introduction into Parliament and publication of Statement ofCorporate Intent and Annual Plan
The Statement of Corporate Intent and the Annual Plan for eachCommercial State-Owned Enterprise shall be laid in Parliament by the Ministerresponsible for Finance on the same day as the Annual Budget
The Chief Executive Officer of each Commercial State-Owned Enterpriseshall publish the Statement of Corporate Intent and the Annual Plan on an officialwebsite of the Government no later than one week after the adoption of theAnnual Budget by Parliament
Service Agreements
Where the Government requires a Commercial State-OwnedEnterprise to provide goods or services in other than a normal commercialmanner the Minister shall conclude a service agreement with the CommercialState-Owned Enterprise
Such agreement shall specify the terms of delivery of goods or services tobe provided by the Commercial State-Owned Enterprise and the price that theGovernment will pay which shall be a fair market price or if there is no marketthen a price that equals the costs for an efficient provider of the goods or services
(3)
(a)
(b)
(4)
114(1)
(2)
115(1)
(2)
91
Periodic Reports Mid-Year Reports and Annual Reports
The board of directors of a Commercial State-Owned Enterprise shallcause to be prepared a Mid-Year Report and an Annual Report for theCommercial State-Owned Enterprise and its subsidiaries including financialstatements in accordance with the provisions of this Act or rules made under thisAct the Companies Act Cap 308 or any instructions issued by the Director ofFinance
The board of directors of a Commercial State-Owned Enterprise shallcause an Annual Report to be provided to the Minister and the Director of Financeno later than 4 months after the end of the Financial Year
The Annual Report of a Commercial State-Owned Enterprise shall include
a report of the operations of the Commercial State-Owned Enterpriseand those of its subsidiaries during that Financial Year withinformation as is necessary to enable an informed assessment of theoperations of the entity including a comparison of the performance ofthe entity with the Statement of Corporate Intent and the Annual Plan
the dividend payable to the Government by the Commercial State-Owned Enterprise for the Financial Year to which the report relates
audited consolidated financial statements for that Financial Yearconsisting of statements of financial position profit and loss changesin financial position and such other statements as may be necessary toshow the financial position of the Commercial State-Owned Enterpriseand its subsidiaries and the financial results of their operations duringthat Financial Year
the auditors report on the financial statements
report on fiscal risks
report on compliance with the statement of social responsibility
116(1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
92
the remuneration paid to each board director including the value ofbenefits in kind
the remuneration paid to senior management including all benefits inkind presented in the form of number of employees within salary bandsand
such additional information as is necessary to enable an informedassessment of the activities of the Commercial State-Owned Enterpriseagainst the Statement of Corporate Intent and the Annual Plan
The Annual Report for each Commercial State-Owned Enterprise shall be
submitted to the Auditor-General no later than July 31st of each yearand shall be audited by the Auditor-General or his agents
provided to the Minister by the board
laid in Parliament by the Minister responsible for Finance no later than7 months after the end of the Financial Year and
published by the Commercial State-Owned Enterprise to which the report relateson the official website of the Government no later than one week after the AnnualReport is laid in Parliament
The board of directors of a Commercial State-Owned Enterprise shallcause a Mid-Year Report to be provided to the Minister and the Director ofFinance no later than one month after the end of the first 6 months of the financialyear
The Mid-Year Report shall include the following
a report on the operations of the Commercial State-Owned Enterpriseand those of its subsidiaries during the financial year with informationas is necessary to enable an informed assessment of the operations ofthe entity including a comparison of the performance of the entity withthe Statement of Corporate Intent and Annual Plan
(g)
(h)
(i)
(4)
(a)
(b)
(c)
(5)
(6)
(a)
93
unaudited consolidated financial statements for the financial yearconsisting of statements of financial position profit and loss changesin financial position and such other statements as may be necessary toshow the financial position of the Commercial State-Owned Enterpriseand its subsidiaries and the financial result of their operations duringthe financial year
a report on fiscal risk and management of the fiscal risk
a report on compliance with the statement of social responsibility
such additional information as is necessary to enable an informedassessment of the activities of the Commercial State-Owned Enterpriseagainst the Statement of Corporate Intent and Annual Plan
Reviews of Performance
The Ministry responsible for Finance shall monitor and review theperformance of Commercial State-Owned Enterprises including
compliance with this Act
financial
non-financial performance
fiscal risks and
other matters specified by the Minister
The Director of Finance shall review the performance of each CommercialState-Owned Enterprise against the requirements of this Act the Statement ofCorporate Intent and the Annual Plan and shall provide a letter to the Ministeron such performance no later than 31st October each year
A Minister who is not the Minister responsible for Finance shall haveresponsibility to monitor and review the overall performance of a CommercialState-Owned Enterprise in his portfolio and the role of the Minister responsiblefor Finance in this Act shall not absolve the Minister from his responsibility
(b)
(c)
(d)
(e)
117(1)
(a)
(b)
(c)
(d)
(e)
(2)
(3)
94
A Minister may commission a formal review of a Commercial State-Owned Enterprise
The board of directors Chief Executive Officer and staff of a CommercialState-Owned Enterprise shall cooperate with a review under this Act and shallsupply to the Minister the Minister responsible for Finance and the Ministryresponsible for Finance or their agent such information relating to the affairs ofthe Commercial State-Owned Enterprise or any of its subsidiaries as the MinisterMinister responsible for Finance Ministry responsible for Finance or the agentrequests
The board of directors shall consider the performance compared to theStatement of Corporate Intent the Annual Plan and the letter referred to insubsection (2) when reviewing the performance each year for the Chief ExecutiveOfficer of the Commercial State-Owned Enterprise
A Chief Executive Officer of a Commercial State-Owned Enterprise mayhave a service agreement and performance review process with an entityproviding services funded by the Commercial State-Owned Enterprise
Public Meeting of a Commercial State-Owned Enterprise
A Commercial State-Owned Enterprise shall hold a public meetingevery 2 years and a report shall be presented at the public meeting of the boardon the following
the performance of the Commercial State-Owned Enterprise over thelast year
the current state of the Commercial State-Owned Enterprise and
the expected performance of the Commercial State-Owned Enterprisefor the next 2 years
Government Share-Holding
Where the Government is a minority shareholder in a publicly listedentity then sections 109 to 118 shall not apply and such share-holding shall be
(4)
(5)
(6)
(7)
118
(a)
(b)
(c)
119(1)
95
subject to the provisions of the Companies Act Cap 308 and other relevantenactments
Where the Government holds more than 50 per cent but less than 100 percent of the shares then it shall exercise its rights in accordance with the CompaniesAct Cap 308 and sections 120 to 128 shall apply only as far as they are consistentwith the Companies Act Cap 308
PART X
MEASURES
Application of measures
A reference in this Part to positions and office holders includes currentand former positions and office holders
Financial Misconduct
A public officer public office holder or other person withresponsibility for Government resources commits an act of financial misconductif without lawful authority under this Act or other lawful authority that personwilfully or negligently
incurs expenditures or makes commitments
borrows money on behalf of the Government or entities owned orcontrolled by the Government or repays or converts an existing loan
issues public securities or varies their terms and conditions
opens a bank account in the name of the Government or entities ownedor controlled by the Government
maintains a bank account for a Government purpose outside Barbadosexcept in accordance with an Act or other lawful authority
(2)
120
121(1)
(a)
(b)
(c)
(d)
(e)
96
lends money or other assets on behalf of the Government or entitiesowned or controlled by the Government
issues guarantees or indemnities on behalf of the Government orentities owned or controlled by the Government
issues securities for loans made to the Government or entities ownedor controlled by the Government
disposes of pledges or encumbers property of the Government
loses or damages in respect of Government Property
for an accounting officer does an act that breaches the duties of anaccounting officer specified under this Act or rules made under thisAct or
seeks or accepts a personal loan or benefit in circumstances thatcompromise the integrity of the public officer or public office holder
A public officer or public office holder or other person with responsibilityfor Government resources commits an offence of financial misconduct if thatperson wilfully or negligently
fails to produce any information in the possession or under the controlof that person in relation to the financial management financialperformance or banking activities of the Government or entities ownedor controlled by the Government when required to do so under this Act
fails to keep proper records or conceals or wrongfully destroysinformation that is required to be recorded by this Act
fails to pay public money in a timely manner into the bank account ofthe Public Entity or Commercial State-Owned Enterprise
fails to produce the reports accounts or other information required bythis Act
provides incorrect information to the tax authorities with regard to aPublic Entity or Commercial State-Owned Enterprise
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(2)
(a)
(b)
(c)
(d)
(e)
97
resists or obstructs any person acting in the discharge of that personsfunctions or duties or in the exercise of that persons powers under thisAct
makes any statement or declaration or gives any information orcertificate required by or under this Act knowing it to be false ormisleading
divulges data in electronic or other form without authority
diverts funds to unauthorised activities
fails to implement a lawful written instruction or directive relating tothe management of public finances given under this Act
fails to report an incident of financial misconduct the public officer orpublic office holder has become aware of to the Director of Finance
fails to declare a conflict of interest when dealing with or makingdecisions about public resources
for an accounting officer fails to perform a duty of an accounting officerspecified under this Act or rules made under this Act or
does any act for the purpose of procuring for any person or organization
the improper payment of any public money or
the improper use of any public financial resource
A charge of financial misconduct under this Act against any person shallbe investigated heard and disposed of as required by the Constitution the PublicService Act Cap 29 as applicable any other enactments and the terms ofappointment or employment applicable to that person
Criminal Proceedings
A public office holder public officer or other person withresponsibility for Government resources is guilty of an offence if without lawful
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(i)
(ii)
(3)
122(1)
98
authority under this Act or any relevant enactment that person wilfully ornegligently
takes unlawful possession of public moneys or assets includingelectronic data
misappropriates public moneys or assets
provides inaccurate financial information or conceals information onpublic finances to obtain a benefit for that person or another person or
engages in corrupt acts including soliciting or receiving bribes
A person who is guilty of an offence referred to in subsection (1) is liableon indictment to a fine of $200 000 or to imprisonment for 5 years or to both
Institutional measures
The Director of Finance may apply a sanction to a Public Entity orCommercial State-Owned Enterprise which has
approved expenditures in excess of an Appropriation under anAppropriation Act or other lawful authority
re-allocated expenditures without lawful authority
created liabilities in excess of its ability to finance the liabilities
defaulted on a loan
issued a guarantee without the appropriate authorisation
failed to provide the Annual Plan Statement of Corporate Intentreports Annual Accounts or other information as required by this Act
provided inaccurate information to a public officer or public officeholder on financial matters
failed to adequately address issues raised by the Auditor-General orother external auditor when such issues are not contested or
(a)
(b)
(c)
(d)
(2)
123(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
99
failed to manage its finances in accordance with this Act or rules madeunder this Act or other enactments
The Director of Finance may apply any of the following measures to aPublic Entity or Commercial State-Owned Enterprise that has breached theprovisions of this section
impose additional reporting requirements to those required by anyenactment
require a draft budget or financial plan to be submitted to the Ministryresponsible for Finance for approval by the Minister responsible forFinance prior to its approval by the board of directors of the entity
place restrictions on the management and use of money and otherassets
place restrictions on the creation of liabilities
withhold funds
treat any debt defaults as a charge on future revenues
make representations to the appointing authority for the board ofdirectors and the Chief Executive Officer to take action to dismiss orotherwise discipline any board director or the Chief Executive Officeror
require the entity to adhere to a programme of debt reduction
Surcharge by Director of Finance
The Director of Finance may impose a surcharge against a person whois or was a public officer or public office holder where it appears to the Directorof Finance upon a report by the Auditor-General Comptroller-General
(i)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
124(1)
100
Permanent Secretary or accounting officer or where the Director of Finance isotherwise satisfied that the public officer or public office holder
has failed to record and collect any moneys owing to the Governmentfor the collection of which that person is or was at the time of hisemployment or engagement responsible
has made a commitment that exceeds the authorised authority tocommit or spend
is or was responsible for any improper payment of public moneys orfor any payment of such moneys which is not duly vouched or for anyexpenses in excess of the amount authorised or
is or was responsible for any deficiency in or for the loss damage ordestruction of any public moneys stamps securities stores or otherproperty of the Government
Where Director of Finance is not furnished with regard to the mattersreferred to in paragraphs (a) to (d) of subsection (1) within a period specified bythe Director of Finance he may impose a surcharge on a public officer or publicoffice holder who is the subject of the matters referred to in paragraphs (a) to (d)of subsection (1) and the nature of the surcharge may be
the amount not collected
the improper payment
the payment not duly vouched
the expenditure in excess of the amount authorised
the deficiency loss damage or the full value of the property destroyedas the case may be or
or such lesser amount as the Director of Finance may determine
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
101
Notification of Surcharge
The Director of Finance shall cause the Auditor-General theAccountant-General and the Chief Executive Officer of the entity concerned tobe notified of any surcharge made under section 124
The Chief Executive Officer on being notified under subsection (1) shallnotify the person surcharged and shall subject to sections 126 and 127 recoverthe amount surcharged from that person
Withdrawal of Surcharge
The Director of Finance may at any time withdraw any surcharge inrespect of which a satisfactory explanation has been received or if it otherwiseappears that a surcharge should not have been made and in that event the Directorof Finance shall notify the Auditor-General the Accountant-General and theChief Executive Officer of the entity concerned of the withdrawal of thesurcharge
Right of Appeal
Any person who is dissatisfied with any surcharge made against himunder section 124 may appeal to a judge in Chambers within 28 days of thenotification of the surcharge under section 125
The Judge in Chambers may
confirm modify or reverse a decision made pursuant to section 124 orany part thereof or
direct the Director of Finance to reconsider either generally or inrespect of specified matters the whole or a specified part of the matterto which the appeal relates
125(1)
(2)
126
127(1)
(2)
(a)
(b)
102
Recovery of Loss
The amount of any surcharge made under section 124 may subject tosections 126 and 127 be recovered before a Magistrate on the complaint of theDirector of Finance or any person authorised to act for the Government
Notwithstanding subsection (1) the Director of Finance may direct thatthe amount of any surcharge which may be due from a public officer or publicoffice holder shall be recovered by monthly or semi-monthly deductions fromthe salary or other payment due to that public officer or public office holder insuch amounts not exceeding one-sixth of the salary or other payment duemonthly or semi-monthly as the Director of Finance may authorise
Nothing in this section shall prevent the Government from recovering theloss through civil proceedings
In any action for the recovery of a loss a certificate signed by the Directorof Finance stating the amount of the loss shall admissible as evidence of theassessment of the loss
PART XI
MISCELLANEOUS
Rules
The Cabinet may make rules for all or any of the following matters
the form and manner in which any of the Financial Statements are tobe kept
the procedure for the checking by accounting officers of claims againstthe Consolidated Fund and the paying of such claims
the procedure for the reporting by the Auditor-General of delays andirregularities
128(1)
(2)
(3)
(4)
129(1)
(a)
(b)
(c)
103
the purchase receipt custody issue sale transfer or delivery of anystamps securities or other Government Property
the proper and efficient keeping of the Financial Statements
the accounts of the Barbados Defence Force and the purchase ofmilitary stores equipment and supplies therefor
the accounting for public money including the collection receiptcustody banking expenditure proper accounting for care andmanagement and forms of records of public money
the records reports and accounts required by this Act
in relation to Government Property
the custody handling and proper accounting for GovernmentProperty and
the creation and maintaining of up-to-date inventories or registerson such property
the establishment and operation of
Sinking Funds and
Special Funds
any additional public finance requirements for a State-OwnedEnterprise or a Commercial State-Owned Enterprise
the payment of interest on late payments by the Government includingpermitting a specified person to determine when interest is payable therate of that interest and when it is calculated and compounded
the charges for payments to the Government made other than in legaltender
the interest rates applicable in respect of debts owed to theGovernment
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(ii)
(j)
(i)
(ii)
(k)
(l)
(m)
(n)
104
the fees and charges
for dishonoured cheques and
to defray the costs of acceptance by the Accountant-General ofvoluntary assignments by public officer or public office holdersof salaries wages pensions gratuities and other money
the security of premises documents securities and the financialinformation system
the amendment of budget classifications and reallocation powers
all matters related to Government securities and
for any other matter required to be prescribed under this Act
All rules shall be subject to negative resolution
Amendment of Schedules
The Minister responsible for Finance may amend the Schedules byOrder
Savings
The
Financial Administration and Audit (Financial) Rules 2011(SI 2011 No 54) and
Financial Administration and Audit (Supplies) Rules 1971(SI 1971 No 47)
shall remain in force and shall apply in so far as they are not inconsistent withthis Act until revoked by rules made under this Act
Repeal
The Financial Management and Audit Act Cap 5 is repealed
(o)
(i)
(ii)
(p)
(q)
(r)
(s)
(2)
130
131
(a)
(b)
132
105
Commencement
This Act shall come into operation on a date fixed by Proclamation133
106
FIRST SCHEDULE
(Sections 2 and 94)
State Owned Enterprises
Air Transport Licensing Authority
Barbados Accreditation Council
Barbados Community College
Barbados Defence Force
Barbados International Business Promotion Corporation
Barbados Investment and Development Corporation
Barbados National Standards Institute
Barbados Vocational Training Board
Child Care Board
Community Legal Services Commission
Cultural Industries Authority
Fair Trading Commission
Financial Services Commission
National Assistance Board
National Council on Substance Abuse
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
107
National Productivity Council
National Sports Council
Rural Development Commission
Technical and Vocational Education and Training Council
Transport Authority
Urban Development Commission
16
17
18
19
20
21
108
SECOND SCHEDULE
(Sections 2 and 94)
Commercial State-Owned Enterprises
Barbados Agency for Micro-Enterprise Development Ltd
Barbados Agricultural Credit Trust Ltd
Barbados Agricultural Development and Marketing Corporation
Barbados Agricultural Management Co Ltd
Barbados Cane Industry Corporation
Barbados Conference Services Ltd
Barbados National Oil Co Ltd
Barbados National Terminal Ltd
Barbados Port Inc
Barbados Revenue Authority
Barbados Tourism Investment Inc
Barbados Tourism Marketing Inc
Barbados Tourism Product Authority
Barbados Water Authority
Caribbean Airways International Ltd
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
109
Caribbean Aircraft Handling Co Ltd
Caribbean Broadcasting Corporation
Caves of Barbados Ltd
Enterprise Growth Fund Ltd
Grantley Adams International Airport Inc
Gymnasium Ltd
Hotels and Resort Ltd-Gems of Barbados
Kensington Oval Management Inc
National Conservation Commission
National Cultural Foundation
National Housing Corporation
National Insurance Department
National Petroleum Corporation
Needham Point Development Inc
Needham Point Holdings Ltd
New Life Investment Company Inc
Queen Elizabeth Hospital
Resolution Life Assurance Company Ltd
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
110