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RESOLUTION OF PARLIAMENT TO ESTABLISH THE ANTI-CRIME INITIATIVE FUND – SECTION 22(1)

Commencement [19 June 2023]

RESOLUTION

WHEREAS it is provided under section 22(1) of the Public Finance Management Act, (the Act), that the Minister of Finance may, by an affirmative resolution of Parliament, establish a special fund to collect money that must be used for a specific purpose;

AND WHEREAS it is further provided under section 22(2) of the Act, that a resolution under subsection (1) must state —

(a) the purpose of the special fund;

(b) the money to be paid into the special fund;

(d) the source of the monies of the special fund;

(e) the accounting officer responsible for the administration of the special fund;

(f) the term for which the special fund should be maintained;

AND WHEREAS the Minister of Finance, with the approval of Parliament, considers it necessary to establish a special fund to be known as the Anti-Crime Initiative Fund (the Fund) for the purpose of providing monies to execute an anti-crime initiative, including, crime prevention, law enforcement and other measures for national security;

AND WHEREAS the source and monies to be paid into the Fund comprises —

(a) in relation to the Proceeds of Crime Act —
1. (i) under section 9, cash forfeited,
1. (ii) under section 10, the proceeds of a sale of forfeited property,
1. (iii) under section 14, the proceeds of a charging order,
1. (iv) under section 17, monies paid in satisfaction of a confiscation order;

(b) sums referred to under paragraph (a) that have been paid into a bank account approved by the Accountant General in the charge of the Attorney General;

AND WHEREAS section 23(1) of the Act relating to payment and accounting procedures applies to the Fund;

AND WHEREAS in accordance with section 23(2) and (3) of the Act —

(a) the accounting officer administering the Fund shall, within a period of one month after the end of the financial year, prepare, sign and submit to the Accountant General statements showing the financial position of the Fund at the end of the financial year;

(b) the statements under paragraph (a) must include —
1. (i) a statement of the assets and liabilities of the Fund,
1. (ii) a detailed statement of receipts and payments of the Fund, and
1. (iii) a statement of investments and interest or dividends credited to the Fund;

AND WHEREAS the Permanent Secretary of the Attorney General's Chambers is the accounting officer who is responsible for administering the Fund;

AND WHEREAS the Fund must be maintained, unless it is closed by the Minister of Finance under section 24 of the Act where the Minister of Finance receives a report from the Attorney General to indicate that the purpose for which the Fund was established has been fulfilled or no longer exists and, in the opinion of the Minister, there is no likelihood that a purpose for which the Fund could lawfully be used will arise in the future, or the terms specified in this Resolution for the Fund has expired;

BE IT RESOLVED that Parliament authorizes the Minister of Finance to establish a special fund to be known as the Anti-Crime Initiative Fund for the purpose of providing monies to execute an anti-crime initiative, including, crime prevention, law enforcement and other measures for national security;

BE IT FURTHER RESOLVED that —

(a) the source and monies to be paid into the Fund comprises —
1. (i) in relation to the Proceeds of Crime Act —
  1. (A) under section 9, cash forfeited;
  1. (B) under section 10, the proceeds of a sale of forfeited property;
  1. (C) under section 14, the proceeds of a charging order;
  1. (D) under section 17, monies paid in satisfaction of a confiscation order,
1. (ii) sums referred to under subparagraph (i) that have been paid into a bank account approved by the Accountant General in the charge of the Attorney General;

(b) in accordance with section 23(2) and (3) of the Act —
1. (i) the accounting officer administering the Fund shall, within a period of one month after the end of the financial year, prepare, sign and submit to the Accountant General statements showing the financial position of the Fund at the end of the financial year,
1. (ii) the statements under subparagraph (i) must include —
  1. (A) a statement of the assets and liabilities of the Fund;
  1. (B) a detailed statement of receipts and payments of the Fund; and
  1. (C) a statement of investments and interest or dividends credited to the Fund;

(d) the Permanent Secretary of the Attorney General's Chambers is the accounting officer who is responsible for administering the Fund;

(e) the Fund must be maintained, unless —
1. (i) it is closed by the Minister of Finance under section 24 of the Act where the Minister of Finance receives a report from the Attorney General to indicate that the purpose for which the Fund was established has been fulfilled; or no longer exists and, in the opinion of the Minister, there is no likelihood that a purpose for which the Fund could lawfully be used will arise in the future, or
1. (ii) the terms specified in this Resolution for the Fund has expired.