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Revised Laws of Saint Lucia (2023)

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PART 12
STRATEGIC PLAN AND OPERATIONAL PLAN OF STATUTORY BODY

PART 12 STRATEGIC PLAN AND OPERATIONAL PLAN OF STATUTORY BODY

2. Interpretation

3. Act binds the Crown

4. Conflict of laws

PART 1 ADMINISTRATION

5. Functions of the Minister

6. Powers of the Minister

7. Delegation of functions and powers

8. Functions of the Director of Finance

9. Powers of the Director of Finance

10. Functions of the Accountant General

11. Powers of the Accountant General

12. Functions of accounting officer

PART 2 PUBLIC MONIES

Division 1 Consolidated Fund

13. Payment into the Consolidated Fund

14. Payment from the Consolidated Fund

Division 2 Contingencies Fund

15. Establishment of Contingencies 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

Division 3 Sinking Fund

20. Establishment and transfer of a sinking fund

21. Administration of a sinking fund

Division 4 Special Fund

22. Establishment of a special fund

23. Payment and accounting procedures applicable to a special fund

24. Closure of a special fund

PART 3 FISCAL POLICY

26. Fiscal policy

27. Fiscal Policy Statement

PART 4 PREPARATION FOR BUDGET

28. Fiscal and budget survey

29. Budget circular

PART 5 APPROVAL OF ESTIMATES

32. Approval of Estimates

33. Appropriation for Contingencies Fund

34. Supplementary Estimate

35. Publication of Estimates

PART 6 EXECUTION OF APPROPRIATION LAW

36. Execution of appropriation law

37. Prohibition against exceeding allocation in the budget

38. Warrants for withdrawal from Consolidated Fund

39. General Warrant

40. Provisional Warrant

(Substituted by Act 1 of 2022)

41. Contingencies Fund Warrant

42. Virement Warrant

43. Reallocation Warrant

44. Support for warrant

45. Limitations, conditions, suspension or cancellation of warrant

46. Lapse of appropriation and warrant

47. Commitments

PART 7 INTERNAL AUDIT UNIT

48. Internal Audit Unit

49. Functions of Internal Audit Unit

50. Powers of Internal Audit Unit

PART 8 CASH MANAGEMENT, BANKING, DEPOSIT, REFUND, SET-OFF, WRITE-OFF AND INVESTMENT

52. Banking arrangement

53. Refund of money

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

55. Settlement of claims against the Government

PART 9 ASSET MANAGEMENT

57. Acquisition, use and safe custody of public assets

58. Debt due to Government

59. Enquiry and report on malfeasance

60. Accounting procedure

61. Disposal of assets

PART 10 PUBLIC DEBT AND CONTINGENT LIABILITY

62. Annual borrowings

63. Loans and authority to sign loans

64. Proceeds of Government borrowing

65. Government guarantee, indemnity and other contingent liability

66. Government lending

67. Advance warrant

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

PART 12 ACCOUNTING, REPORTING AND AUDITING PUBLIC ACCOUNTS

75. Public Accounts

77. Audit of Public Accounts

PART 13 STATUTORY BODY

78. Responsibilities of a statutory body

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

83. Accounts and audit

84. Financial management

85. Dividend policy

86. Borrowing, lending, guaranteeing and other contingent liabilities

PART 14 INQUIRY COMMITTEE

87. Appointment of Inquiry Committee

88. Functions of Inquiry Committee

89. Powers of the Inquiry Committee

90. Proceedings of Inquiry Committee

91. Notice of decision

PART 15 SURCHARGE

92. Liability for non-compliance with financial management system

93. Power to surcharge

94. Grounds for surcharge

95. Notification of surcharge

96. Withdrawal of surcharge

97. Recovery of surcharge

98. Appeal against surcharge

PART 16 APPEALS TRIBUNAL

99. Establishment of Appeals Tribunal

100. Tenure of Appeals Tribunal

101. Functions of Appeals Tribunal

102. Powers of Appeals Tribunal

104. Resignation

105. Secretary of Appeals Tribunal

106. Application for an appeal

107. Transmission of appeal documents

108. Hearing of Appeals Tribunal

109. Decisions of Appeals Tribunal

111. Decision final

PART 17 MISCELLANEOUS

112. Regulations

114. Transition

SUBSIDIARY LEGISLATION

Financial Regulations – Section 54 (Statutory Instruments 36/1997 and 54/2013)

Procurement and Stores Regulations – Section 54 (Statutory Instruments 37/1997 and 67/2020 and Act 19 of 2015)

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) (Statutory Instrument 45A/2021)

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) (Statutory Instrument 45B/2021)

Resolution of House of Assembly to approve an Extension of Time to lay the Estimates – Section 32(4) (Statutory Instrument 45C/2021)

Resolution of Parliament to borrow for capital or current expenditure – Renewable Energy Sector Development Project – Section 63(1) (Statutory Instrument 60/2022)

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) (Statutory Instrument 91/2022)

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) (Statutory Instrument 92/2022)

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) (Statutory Instrument 93/2022)

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) (Statutory Instrument 94/2022)

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) (Statutory Instrument 95/2022)

Resolution of Parliament to borrow for capiTal and current expenditure to finance safety nets for vulnerable populations affected by COVID-19 – Section 63(1) (Statutory Instrument 201/2022)

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) (Statutory Instrument 202/2022)

Resolution of Parliament to borrow for capital or current expenditure to provide Budgetary support for the fiscal year 2022/2023 – Section 63(1)(a) (Statutory Instrument 204A/2022)

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) (Statutory Instrument 23/2023)

Resolution of Parliament to Borrow for Capital or Current Expenditure – Building Public Health Resilience – Coronavirus Disease 2019 Response Project – Section 63(1)(a) (Statutory Instrument 28/2023)

Resolution of Parliament to Authorize the Minister of Finance to Guarantee borrowing by the Millennium Heights Medical Complex – Section 65(1) (Statutory Instrument 29/2023)

Resolution of Parliament to Authorize the Minister of Finance to Guarantee borrowing by St. Jude Hospital – Section 65(1) (Statutory Instrument 30/2023)

Resolution of Parliament to establish the Anti-Crime Initiative Fund – Section 22(1) (Statutory Instrument 69/2023)

Resolution of Parliament to Transfer Funds from the Consolidated Fund to the Contingencies Fund – Section 16 (Statutory Instrument 99/2023)

Resolution of Parliament to Borrow for Capital or Current Expenditure – Reconstruction and Rehabilitation of St. Jude Hospital Project – Section 63(1)(a) (Statutory Instrument 117/2023)

Resolution of Parliament to borrow for capital and current expenditure to enhance the resilience of the Saint Lucia Fire Service – Section 63(1)(a) (Statutory Instrument 131/2023)

Resolution of Parliament to borrow for capital and current expenditure to support the Youth Economy Project – Section 63(1)(a) (Statutory Instrument 132/2023)

Resolution of Parliament to borrow for capital or current expenditure – Education Rehabilitation Climate-Linked Facility – Section 63(1) (Statutory Instrument 150/2023)

Resolution of Parliament to borrow for capital and current expenditure to finance the Patience Community Water Supply Project – Section 62(1) (Statutory Instrument 151/2023)

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) (Statutory Instrument 160/2023)

Public Finance Management Regulations – Section 112 (Statutory Instrument 52 of 2023)

PART 1 BUDGET PROCESS

3. Medium-term expenditure framework

4. Review of budget classification in preparation for the budget

5. Guidelines for draft of the estimates

6. Preparation of draft of the estimates

7. Revenue projections

8. Current and capital expenditure projections

9. Inclusion of commitments in draft of the estimates

10. Supporting statements for draft of the estimates

11. Inclusion of a new service or programme in draft of the estimates

12. Review of the budget

13. Cabinet decision and notice of second budget circular

14. Presentation of the Estimates to Parliament

15. Approval of Appropriation law

16. Public medium for Estimates

PART 2 REVISED REVENUE PROJECTION, WARRANTS AND BUDGET REPORTS

17. Revised revenue projection

18. Signing of warrants

19. Issue of warrants

20. Quarterly budget report

PART 3 FINANCIAL MANAGEMENT SYSTEM

21. Instructions for using the financial management system

22. AuthoriZation of users of the financial management system

23. Processing payments using the financial management system

PART 4 STANDARD OPERATING PROCEDURES FOR FINANCIAL MANAGEMENT

24. Standard operating procedures for financial management

25. Internal audit control system

26. Approval of commitments and payments

27. Assignment to accountable officer to approve cheques and electronic payments

28. Lost, stolen or damaged negotiable instruments

29. Payments within a specified period

30. Monthly creditor analysis

PART 5 COLLECTION, CUSTODY AND DEPOSIT OF PUBLIC MONIES

31. Collection of revenue

32. Banking of public monies

33. Recordkeeping

34. Reports on arrears of revenue

35. Externally financed projects

36. Receipt of public monies

37. Receipt form

38. Issue of revenue receipt form

39. Custody of revenue receipt form

40. Used revenue receipt form

41. Checking revenue receipt form

42. Transfer of revenue receipt form

43. Stock register of revenue receipt form

44. Half-yearly return of revenue receipt form

45. Issue of receipt for collection of revenue

46. Signing receipts

47. Payment of money and submission of deposit receipts

48. Verification of receipts

49. Alteration OF receipts

50. Cancellation of receipts

51. Public notice regarding receipts

52. Lost receipts

53. Maintenance of cash account

PART 6 PAYMENT INSTRUMENTS

54. Requirements of payment instruments

55. Executing a payment instrument

56. Responsibility when signing

57. Payment instrument to be certified

58. Delegation of power to sign or certify a payment instrument

59. Form of a payment certificate

60. Payment instrument to be pre-audited

61. Payment to an individual or legal representative of an individual named in a payment instrument

62. Lost payment instrument

63. Payments to be made during financial year

64. Payments of a charge incurred in a previous financial year

65. Transfers and subsidies

66. Withholding a transfer or subsidy

67. Recovery, disallowance and adjustment of payments

68. Gift, donation or sponsorship

69. Irregular expenditure

70. Unauthorized expenditure

71. Internal controlS

72. Capturing the budget in the financial management system

PART 7 SALARIES, WAGES, ALLOWANCES AND RETIRING BENEFITS

74. Records to be kept

75. Authority for payment of salaries, wages and allowances

76 Unpaid salaries and wages

77. Salaries, wages and allowances unpaid for more than 3 months

78. Daily paid workers

80. Computation of wages

81. Certification of salaries

82. Delayed claims

83. Record of retiring benefits

84. Notice of retirement

85. Deferred payments of retiring benefits

86. Treasury Single Account

87. Notification of bank accounts

88. Selection of bank for transacting Government banking business

89. Reporting on bank accounts

90. Reconciliation of bank accounts

91. Cash management functions

92. Purpose of imprest

93. Payments from imprest

94. Accounting for imprest

95. Imprest cash account

96. Reimbursements of imprest payment

97. Retirement of imprest

98. Duration of responsibility for imprest

99. Payment from deposit account or chequing account

100. Unauthorized or incorrect payment

101. Steps to recover unauthorized or incorrect payment

102. Crediting of recovered payments

103. Payment by cheque or other forms

104. Ordering pre-printed cheque forms

105. Printing of pre-printed cheques

106. Spoilt cheques printed from the financial management system

107. Requirements of pre-printed cheque forms to be drawn manually

108. Ordering pre-printed cheque forms designed to be drawn manually

109. Cheque counterfoil

110. Duplicate cheque copy

111. Spoilt cheques drawn manually

112. Taking books of pre-printed cheques apart

113. Retaining and checking counterfoils or duplicates in used pre-printed cheque books

114. Duplicate of lost cheques drawn on a bank account

115. Number of signatures on cheques

116. Signing cheques

117. Signing cheques on bank account operated by accountable officer

118. Computerised cheques

119. Acceptance of cheque

120. Cheques to be lodged

121. Dishonoured cheques

122. Cheques not to be cashed

123. Authorization for direct deposit

124. Form of direct deposit

125. Authentication of direct deposit

126. Suspension and revocation of direct deposit

127. Security of cash

128. Control and securing of bonds, securities and agreements

129. Security of financial instruments

130. Safekeeping of financial instruments

131. Issue of keys to a strong room or safe

132. Security of locks

133. Responsibility for safe custody of keys

134. Joint liability for contents of a strong room or safe

136. Repairs and alterations to safe, strong room and lock

137. Replacement of keys

138. Private monies

139. Handing over to another public officer

140. Absence of public officer handing over

141. Reporting shortages or loss

142. Loss or irregularity discovered by the Director of Audit

143. Investigation and recommendations

144. Accounting for shortages and losses

145. .Write-off of losses

PART 9 ACCOUNTING STANDARDS, VOTE ACCOUNTING, FINANCIAL INFORMATION, REPORTING, AND AUDITING PUBLIC ACCOUNTS

146. Accounting standards

147. Vote accounting

148. Charges incurred by a non-government agency

149. Sufficiency of votes

150. Review of expenditure

151. Use of vote balance

152. Direct charges

153. Advance and suspense accounts

154. Availability of financial information

155. Custody of accounting records

156. Destruction of accounting records

158. Expenditure review and appropriate action

159. Financial year end survey of cash and stamps

160. Method of conducting a survey of cash and stamps

161. Attendance of accounting officer during a survey of cash and stamps

162. Suspension of business during a survey of cash and stamps

163. Survey of cash and stamps exceeding one day

164. Report on survey of cash and stamps

165. Preparation of annual financial statements

166. Closure of monthly accounts

167. Review of budget classification during budget execution

168. Accounting in Government Agency

169. Commitments before the end of financial year

170. Payments from deposit account

171. Use of vote balance

172. Security of financial management system

PART 10 MONITORING AND REPORTING

173. Monitoring of performance targets

174. Inspection of accounts

PART 11 AUDIT REPORTS

175. Reporting to the Director of Audit

176. Preparation of strategic plan

177. Preparation of operational plan

PART 13 MISCELLANEOUS

178. Revocation