Revised Laws of Saint Lucia (2021)

23.   Default Powers

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    (1)   Where the Minister is satisfied that a local authority or any Board or Committee to which functions have been delegated under this Act has made default in exercising, or in enforcing any of the Regulations or byelaws which it is their duty to enforce, the Minister may make an order declaring the local authority or Board to be in default and therein direct the local authority, or Board as the case may be for the purpose of removing the default to discharge such functions or of enforcement of any such regulations or byelaws and in such manner and within such time or times, as may be specified in the order.

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    (2)   If a local authority or Board with respect to whom an order has been made under subsection (1) fails to comply with any requirement of such order within the time limited therein for compliance with that requirement, the Minister may, with the approval of the Cabinet make an order transferring to himself or herself such of the functions of the body in default as may be specified in the order.

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    (3)   Where the Minister has by order under subsection (1) transferred to himself or herself any functions any expenses incurred by him or her shall in discharging the said functions be a charge on the Consolidated Fund but the amount of those expenses as certified by the Minister shall on demand be paid to the Crown by the body in default and shall be recoverable at the instance of the Minister from the body as a debt due to the Crown.

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    (4)   Where an order has been made by the Minister under this section the Minister may at any time by a subsequent order vary or revoke that order but without prejudice to the validity of anything done under that order and if an order is revoked the Minister may, either by the revoking order or by a subsequent order make such provision as appears to him or her to be desirable with respect to the transfer vesting and discharge of any property or liabilities acquired or incurred by the body or by him or her in discharge of any of the functions duties and provisions to which the order so revoked related.

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    (5)   Where the Minister has by order under subsection (1) transferred to himself or herself any functions, he or she may where the circumstances so require make arrangements by way of scheme for the transfer or relinquishment of services, emoluments, pensions and such other provisions for protecting the other rights and interests of persons so affected by the transfer or relinquishment.

However, where such persons are to be transferred to the Government the approval of the appropriate authority shall be obtained.