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43.   Set-off, abandonment of claims and write-off of losses

Revised Laws of Saint Lucia (2022)

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PART 9
SET-OFF, ABANDONMENT OF CLAIMS AND WRITE-OFF OF PUBLIC MONIES AND STORES

43.   Set-off, abandonment of claims and write-off of losses

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    (1)   Subject to this section, the Minister may, under an affirmative resolution of Parliament, write-off losses of public monies, stores or other moveable property belonging to the Government or provided for the public service, or to abandon or remit any claim by or on behalf of the Government or any public service thereof where the amount in any one case is $10,000 or more.

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    (2)   The Permanent Secretary in the Ministry of Finance and Planning may, with the approval of the Minister—

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      (a)     set-off the whole or part of the amount due by a tax debtor to the Crown against a sum due to the tax debtor by the Crown if the Government holds, controls, has custody of, or has monies belonging to a tax debtor and is due to make a payment to the tax debtor;

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      (b)     write-off losses of public monies, stores or other moveable property belonging to the Government or provided for the public service, or to abandon or remit a claim by or on behalf of the Government or a public service where the amount exceeds $5,000.

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    (Substituted by Act 6 of 2019)

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    (3)   The Director may write-off losses of public monies, stores or other moveable property belonging to the Government or provides for the public service, or to abandon or remit any claim by or on behalf of the Government or any public service thereof where the amount in any one case does not exceed $5,000.

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    (4)   The Minister may, in writing delegate his or her powers under subsection (2) to the Director in which case no approval shall be required to write-off losses.

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    (5)   Despite anything contained in subsections (2) and (3), where the losses referred to in those subsections are, or prima facie appear to be, on account of theft, fraud, embezzlement or other like act, there shall be no write-off of such losses unless Parliament, by affirmative resolution approves the same.

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    (6)   Any write-off under this section shall be notified immediately to the Accountant General and the Director of Audit.

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