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Revised Laws of Saint Lucia (2023)

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RESOLUTION

WHEREAS it is provided by section 63(1)(a) of the Public Finance Management Act, (the Act) that the Minister of Finance may, by an affirmative Resolution of House of Assembly, borrow from a bank or other financial institution for the capital or current expenditure of Government;

AND WHEREAS it is further provided by section 64 of the Act that money borrowed by the Government must be paid into and form part of the Consolidated Fund;

AND WHEREAS the Minister of Finance considers it necessary to borrow an amount of USD30,000,000.00 from the International Development Association to finance the COVID-19 Response, Recovery and Resilience Development Policy Programme;

AND WHEREAS the Maximum Commitment Charge Rate payable on the Un withdrawn Financing Balance is one half of one per cent (1/2 of 1%) per annum;

AND WHEREAS a Service Charge is payable on the Withdrawn Credit Balance that is equal to the greater of —

(a) the sum of three-fourths of one per cent (3/4 of 1%)per annum plus the Basis Adjustment to the Service Charge; and

(b) three-fourths of one per cent (3/4 of 1%) per annum;

AND WHEREAS the loan is repayable in 40 years commencing from the date of first disbursement of the loan inclusive of a grace period of 10 years;

AND WHEREAS the principal amount of the loan is repayable on each 15^th day of May and 15^th day of November at a rate of —

(a) one per cent (1%) of the loan amount, commencing from the 15^th day of May, 2031 to, and including, the 15^th day of November, 2040; and

(b) two per cent (2%) of the loan amount, commencing from the 15^th day of May, 2041 to, and including, the 15^th day of May, 2060;

BE IT RESOLVED that House of Assembly authorizes the Minister of Finance to borrow an amount of USD30,000,000.00 from the International Development Association to finance the COVID-19 Response, Recovery and Resilience Development Policy Programme;

BE IT FURTHER RESOLVED that —

(a) the Maximum Commitment Charge Rate payable on the Un withdrawn Financing Balance is one half of one per cent (1/2 of 1%) per annum;

(b) a Service Charge is payable on the Withdrawn Credit Balance that is equal to the greater of —
1. (i) the sum of three-fourths of one per cent (3/4 of 1%) per annum plus the Basis Adjustment, and
1. (ii) three-fourths of one per cent (3/4 of 1%) per annum;

(c) the loan is repayable in 40 years from the date of first disbursement of the loan inclusive of a grace period of 10 years;

(d) the principal amount of the loan is repayable on each 15^th day of May and 15^th day of November at the rate of —
1. (i) one per cent (1%) of the loan amount, commencing from the 15^th day of May, 2031 to, and including, the 15^th day of November, 2040, and
1. (ii) two per cent (2%) of the loan amount, commencing from the 15^th day of May, 2041 to, and including, the 15^th day of November, 2060.

3. Act binds the Crown

4. Conflict of laws

7. Delegation of functions and powers

11. Powers of the Accountant General

13. Payment into the Consolidated Fund

15. Establishment of Contingencies Fund

21. Administration of a sinking fund

26. Fiscal policy

29. Budget circular

33. Appropriation for Contingencies Fund

35. Publication of Estimates

36. Execution of appropriation law

37. Prohibition against exceeding allocation in the budget

38. Warrants for withdrawal from Consolidated Fund

39. General Warrant

44. Support for warrant

45. Limitations, conditions, suspension or cancellation of warrant

46. Lapse of appropriation and warrant

47. Commitments

48. Internal Audit Unit

50. Powers of Internal Audit Unit

53. Refund of money

57. Acquisition, use and safe custody of public assets

59. Enquiry and report on malfeasance

60. Accounting procedure

61. Disposal of assets

64. Proceeds of Government borrowing

68. Imprest warrant

69. Charges on Consolidated Fund

70. Public debt management

71. Receipt of grant

72. Responsibility of responsible Minister with respect to a grant

73. Record of use of a grant

79. Institutional arrangements

80. Operation on commercially sustainable basis

81. Representation on a board or controlling body of a statutory body

82. Strategic, financial, operational and business plan

84. Financial management

86. Borrowing, lending, guaranteeing and other contingent liabilities

89. Powers of the Inquiry Committee

90. Proceedings of Inquiry Committee

92. Liability for non-compliance with financial management system

93. Power to surcharge

96. Withdrawal of surcharge

98. Appeal against surcharge

100. Tenure of Appeals Tribunal

101. Functions of Appeals Tribunal

104. Resignation

105. Secretary of Appeals Tribunal

108. Hearing of Appeals Tribunal

111. Decision final

114. Transition

63. Loans and authority to sign loans

97. Recovery of surcharge

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – COVID-19 RESPONSE, RECOVERY AND RESILIENCE DEVELOPMENT POLICY PROGRAMME – SECTION 63(1)(A)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – SIXTH WATER (VIEUX FORT WATER SUPPLY REDEVELOPMENT) PROJECT – AMENDED LOAN AGREEMENT – SECTION 63(1)

Resolution of Parliament to approve an Extension of Time to lay the Estimates – Section 32(4)

2. Interpretation

5. Functions of the Minister

6. Powers of the Minister

8. Functions of the Director of Finance

9. Powers of the Director of Finance

10. Functions of the Accountant General

12. Functions of accounting officer

14. Payment from the Consolidated Fund

16. Transfer to the Contingencies Fund

17. Administration of Contingencies Fund

18. Financial statement in respect of Contingencies Fund

19. Advance from the Contingencies Fund

20. Establishment and transfer of a sinking fund

22. Establishment of a special fund

23. Payment and accounting procedures applicable to a special fund

27. Fiscal Policy Statement

28. Fiscal and budget survey

32. Approval of Estimates

34. Supplementary Estimate

40. Provisional Warrant

(Substituted by Act 1 of 2022)

41. Contingencies Fund Warrant

42. Virement Warrant

43. Reallocation Warrant

49. Functions of Internal Audit Unit

52. Banking arrangement

54. Set-off or write-off of debt, claim, settlement

55. Settlement of claims against the Government

58. Debt due to Government

62. Annual borrowings

65. Government guarantee, indemnity and other contingent liability

66. Government lending

67. Advance warrant

75. Public Accounts

77. Audit of Public Accounts

78. Responsibilities of a statutory body

83. Accounts and audit

85. Dividend policy

87. Appointment of Inquiry Committee

88. Functions of Inquiry Committee

91. Notice of decision

93. Power to surcharge

94. Grounds for surcharge

95. Notification of surcharge

99. Establishment of Appeals Tribunal

102. Powers of Appeals Tribunal

106. Application for an appeal

107. Transmission of appeal documents

109. Decisions of Appeals Tribunal

112. Regulations

RESOLUTION OF HOUSE OF ASSEMBLY TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – SIXTH WATER (VIEUX FORT WATER SUPPLY REDEVELOPMENT) PROJECT – AMENDED LOAN AGREEMENT – SECTION 63(1)

Resolution of House of Assembly to approve an Extension of Time to lay the Estimates – Section 32(4)

Resolution of Parliament to borrow for capital or current expenditure – Renewable Energy Sector Development Project – Section 63(1)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE TO FINANCE THE IMPLEMENTATION OF NATIONAL DEVELOPMENT PROJECTS, INITIATIVES AND COVID-19 MITIGATION MEASURES – SECTION 63(1)(a)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – OPERATING EXPENSES IN THE HEALTH SECTOR RELATED TO THE COVID-19 VIRUS PANDEMIC – SECTION 63(1)(a)

Resolution of Parliament to borrow for capital or current expenditure – Implementation of the Unleashing of the Blue Economy of the Caribbean Project – Section 63(1)(a)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – ORGANIZATION OF THE EASTERN CARIBBEAN STATES DATA FOR DECISION MAKING PROJECT – SECTION 63(1)(a)

Resolution of Parliament to write off debt owed to the Government by Fond St. Jacques Credit Co-operative Society Ltd. for the Mocha Housing Development Project – Section 54(1)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL AND CURRENT EXPENDITURE TO FINANCE SAFETY NETS FOR VULNERABLE POPULATIONS AFFECTED BY COVID-19 – SECTION 63(1)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL AND CURRENT EXPENDITURE TO SUPPORT THE MICRO, SMALL AND MEDIUM ENTERPRISES SECTOR POST COVID-19 – SECTION 63(1)

Resolution of Parliament to borrow for capital or current expenditure to provide Budgetary support for the fiscal year 2022/2023 – Section 63(1)(a)

24. Closure of a special fund

63. Loans and authority to sign loans

Financial Regulations – Section 54

Procurement and Stores Regulations – Section 54

Resolution of House of Assembly to borrow for capital or current expenditure – COVID-19 Response, Recovery and Resilience Development Policy Programme – Section 63(1)(a)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – BUILDING CAPACITY AND RESILIENCE IN THE HEALTH SECTOR TO RESPOND TO THE CORONAVIRUS – 2019 PROJECT – SECTION 63(1)(a)

Resolution of Parliament to Borrow for Capital or Current Expenditure – Building Public Health Resilience – Coronavirus Disease 2019 Response Project – Section 63(1)(a)

RESOLUTION OF PARLIAMENT TO AUTHORIZE THE MINISTER OF FINANCE TO GUARANTEE BORROWING BY THE MILLENNIUM HEIGHTS MEDICAL COMPLEX – SECTION 65(1)

Resolution of Parliament to Authorize the Minister of Finance to Guarantee borrowing by St. Jude Hospital – Section 65(1)

Resolution of Parliament to establish the Anti-Crime Initiative Fund – Section 22(1)

Resolution of Parliament to Transfer Funds from the Consolidated Fund to the Contingencies Fund – Section 16

Resolution of Parliament to Borrow for Capital or Current Expenditure – Reconstruction and Rehabilitation of St. Jude Hospital Project – Section 63(1)(a)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – RECONSTRUCTION AND REHABILITATION OF ST. JUDE HOSPITAL PROJECT – SECTION 63(1)(a)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL AND CURRENT EXPENDITURE TO ENHANCE THE RESILIENCE OF THE SAINT LUCIA FIRE SERVICE – SECTION 63(1)(a)

Resolution of Parliament to borrow for capital and current expenditure to support the Youth Economy Project – Section 63(1)(a)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL OR CURRENT EXPENDITURE – EDUCATION REHABILITATION CLIMATE-LINKED FACILITY – SECTION 63(1)

RESOLUTION OF PARLIAMENT TO BORROW FOR CAPITAL AND CURRENT EXPENDITURE TO FINANCE THE PATIENCE COMMUNITY WATER SUPPLY PROJECT – SECTION 62(1)

RESOLUTION OF PARLIAMENT TO AUTHORIZE THE MINISTER OF FINANCE TO GUARANTEE A STUDENT LOAN LINE OF CREDIT ON BEHALF OF THE SAINT LUCIA DEVELOPMENT BANK – SECTION 65(1)

Public Finance Management Regulations – Section 112