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DRAFT. TURKS AND CAICOS ISLANDS. A PROPOSAL FOR. A. BILL. FOR. AN ORDINANCE TO SET OUT THE DUTIES AND POWERS OF THE CHIEF ...
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DRAFT TURKS AND CAICOS ISLANDS A PROPOSAL FOR A

BILL FOR AN ORDINANCE TO SET OUT THE DUTIES AND POWERS OF THE CHIEF FINANCIAL OFFICER; AND FOR CONNECTED PURPOSES.

ENACTED by the Governor of the Turks and Caicos Islands. 1. This Ordinance may be cited as the Chief Financial Officer Ordinance 2012 and comes into operation on a day appointed by the Governor by notice published in the Gazette. 2. In this Ordinance— “accounting officer” means a person designated as an accounting officer under section 123 of the Constitution or section 17 of the Public Finance Management Ordinance 2012; “Appropriation Ordinance” means any Ordinance to apply a sum of money out of the consolidated fund to the service of a financial year; “Chief Financial Officer” means the Chief Financial Officer; “Contingencies Warrant” means a warrant issued under section 10 of the Public Finance Management Ordinance 2012 or under section 118 of the Constitution; “Constitution” means the Constitution set out in the Schedule to the Turks and Caicos Islands Constitution Order 2011 (SI 2011 No.1681); [“Counter-Indemnity Agreement” means the Agreement Relating to the DFID Loan Guarantee, entered into between the Secretary of State for International Development and the Government of the Turks and Caicos Islands on (date)”] “DFID” means the United Kingdom Department for International Development; “framework document” means a document formulated pursuant to section 109(3) of the Constitution for the time being in effect or section 3 (3) of the Public Finance Management Ordinance 2012; “information” includes accounts; “Minister” means the Minister for the time being responsible for finance; “public officer” means a person holding or acting in an office in the public service; “Statement of Governance Principles” means the Statement of Governance Principles for the time being in effect issued by a Secretary of State pursuant to section 28 of the Constitution;

Short title and commencement Interpretation

“statutory body” has the meaning assigned to that term in the Public Finance Management Ordinance 2012. Chief Financial Officer

3. (1) There shall continue to be a Chief Financial Officer of the Government. (2) For the purpose of section 90 of the Constitution, the status of the Chief Financial Officer shall be equivalent to that of Permanent Secretary and the power of the Governor to appoint and to remove or exercise disciplinary control over the Chief Financial Officer shall apply as they apply to Permanent Secretaries. (3)When exercising his power of appointment under subsection (2), the Governor shall take into account any nomination made under the counter-indemnity agreement. (4) The Chief Financial Officer shall report directly to and is accountable to the Governor and, subject to subsection (5), is subject to the direction of the Governor, acting in his discretion. (5) A Secretary of State may instruct the Governor to direct the Chief Financial Officer as he sees fit. (6) The Governor, acting with the prior approval of a Secretary of State, may overrule any decision or advice of the Chief Financial Officer. (7) Notwithstanding anything in any other law, the Chief Financial Officer shall have line management responsibility for the Permanent Secretary, Finance and line management responsibility for all United Kingdom funded finance advisers.

Duties and powers of the Chief Financial Officer

4. (1) Notwithstanding anything in any other law, the Chief Financial Officer has the power and authority to, and shall— (a) ensure that financial decisions and guidance on policy matters that have financial implications are consistent with debt reductions plans, including those needed to ensure sustainable revenue and spending projections, whilst maintaining an affordable development programme which supports economic growth; (b) ensure compliance with — (i) Part IX of the Constitution; (ii) the Public Finance Management Ordinance 2012 and any other legislation dealing with public monies; (iii) the Scotiabank Credit Agreement and DFID loan guarantee; (iv) the Counter-indemnity Agreement signed with DFID; (v) the Statement of Governance Principles; (vi) the framework document; (c) ensure the continuance of a sustainable plan to ensure a year-on-year fiscal surplus; (d) set, and adjust as necessary, overall revenue and expenditure levels, after consultation with the Minister; (e) approve each Appropriation Bill including any Supplementary Appropriation Bill before it is introduced into the House of Assembly; (f) advise the Governor on whether or not to assent to any Appropriation Bill or Supplementary Appropriation Bill;

(g) advise the Governor on whether or not to approve any Contingencies Warrant; (h) before any legally enforceable undertaking is made, approve all commitments/expenditure equal to, or in excess of, such a sum as set by him; (i) approve all withdrawals from the Consolidated Fund; (j) attend meetings of the Cabinet by standing invitation of the Governor given under section 40 of the Constitution; (k) review all papers having any financial implications before submission to the Cabinet, and – (i) may send papers back for revision; and/or (ii) advise the Governor on papers’ readiness for inclusion on the Cabinet agenda; (l) advise the Governor on – (i) the appointment (if there is a vacancy) and performance of the Permanent Secretary, Finance; and (ii) the designation of accounting officers; and (m) provide appointment and appraisal input to the Deputy Governor for all senior positions that include a financial responsibility. (2) Notwithstanding anything in any other law, the Chief Financial Officer may advise the Governor within the financial year to, by order, vary the rate of any tax or levy imposed by or under any Ordinance or reduce expenditure where necessary to ensure compliance with 4 (1) (d). (3) Notwithstanding anything in any other law, if the Chief Financial Officer considers that enactment of legislation is necessary or desirable to ensure that funds are appropriated, within four months of the commencement of the financial year, or any time after that, for the purpose of the effective operation of Government and in compliance with the Statement of Governance Principles, but it appears to the Chief Financial Officer that the Cabinet is unwilling to support the introduction of a bill or that the House of Assembly is unlikely to pass a bill introduced, he may advise the Governor to cause a bill for that purpose to be published in the Gazette and assent to such bill in accordance with section 72 (1) (b) of the Constitution. (4) Notwithstanding anything in any other law, the Chief Financial Officer may stop any action, or reverse any decision taken by any office in the public service, public officer, minister, or statutory body if in his judgement such action, decision or decisions would be inconsistent with— (a) Part IX of the Constitution; (b) the Public Finance Management Ordinance 2012 and any other legislation dealing with public monies; (c) the Scotiabank Credit Agreement and DFID loan guarantee; (d) the Counter-indemnity Agreement signed with DFID; (e) the Statement of Governance Principles ; (f) the framework document; (g) the requirement to obtain the Chief Financial Officer’s approval before any commitment/expenditure equal to or in excess of a sum set by the Chief Financial Officer, before any legal undertaking is made;

(h) the requirement to obtain the Chief Financial Officer’s approval for withdrawals from the Consolidated Fund; (i) the sustainable plan to ensure a year-on-year fiscal surplus; (j) the Appropriation Ordinance or any Supplementary Appropriation Ordinance (5) The Chief Financial Officer may reject any request for additional resources. (6) The Chief Financial Officer may call meetings and attend any meeting of the public service or a statutory body if in his judgement the purpose of the meeting renders his presence advisable. (7) Subject to the approval of the Governor and after consultation with the Minister, the Chief Financial Officer may communicate with the media or the general public. (8) The Chief Financial Officer may, from time to time, require any public officer or chief executive of any statutory body to supply any information that the Chief Financial Officer requires. Duties of Permanent Secretary, Finance and Minister

5. (1) The Permanent Secretary, Finance shall continue to head the Ministry of Finance and to have day-to-day responsibility for all management and administrative decisions, but the Chief Financial Officer may, with the prior approval of the Governor, overrule any decision of the Permanent Secretary, Finance. (2) The Permanent Secretary, Finance shall maintain sound financial systems and build capacity to ensure effective control and integrity of the Islands’ finances, including devising and implementing robust fiscal and monetary controls compliant with — (a) Part IX of the Constitution; (b) the Public Finance Management Ordinance 2012 and any other legislation dealing with public monies; (c) the Scotiabank Credit Agreement and DFID loan guarantee; (d) the Counter-indemnity Agreement signed with DFID; (e) the Statement of Governance Principles ; (f) the framework document; (g) the sustainable plan to ensure a year-on-year fiscal surplus. (3) The Permanent Secretary, Finance shall meet with the Minister as required. (4) The Permanent Secretary, Finance shall, in whatever format required, report to the Chief Financial Officer and the Governor at least once a week on all financial and policy matters to ensure that the Chief Financial Officer and the Governor are kept fully informed at all times. (5) The Permanent Secretary, Finance shall provide the Chief Financial Officer and the Minister with reliable and timely information to ensure that the Chief Financial Officer and the Minister are kept fully informed at all times of important financial and managerial matters. (6) The Permanent Secretary, Finance shall provide support to the Chief Financial Officer in the provision of information required for reporting to the Foreign and Commonwealth Office, DFID, banks, the European Commission, the public and any other appropriate stakeholder.

(7) The Minister shall provide the Chief Financial Officer, in whatever format required, monthly reports demonstrating that expenditure is only committed in line with the Appropriation Ordinance for the time being in force and in compliance with— (a) Part IX of the Constitution; (b) the Public Finance Management Ordinance 2012 and any other legislation dealing with public monies; (c) the Scotiabank Credit Agreement and DFID loan guarantee; (d) the Counter-indemnity Agreement signed with DFID; (e) the Statement of Governance Principles ; (f) the framework document; (g) the sustainable plan to ensure a year-on-year fiscal surplus; (h) the set revenue and expenditure levels, and that resources allocated continue to be appropriated to allow the entire programme within the Government to be achieved within that financial year. (8) Subject to the overall revenue and expenditure levels set pursuant to section 4 (1) (d) the Minister shall be responsible for determining the allocation and appropriate level of resources to individual programmes within the public service and statutory bodies and in compliance with the requirements of— (a) Part IX of the Constitution; (b) the Public Finance Management Ordinance 2012 and any other legislation dealing with public monies; (c) the Scotiabank Credit Agreement and DFID loan guarantee; (d) the Counter-indemnity Agreement signed with DFID; (e) the Statement of Governance Principles ; (f) the framework document; (g) the requirement to obtain the Chief Financial Officer’s approval before any commitment/expenditure equal to or in excess of a sum set by the Chief Financial Officer, before any legal undertaking is made; (h) the requirement to obtain the Chief Financial Officer’s approval for withdrawals from the Consolidated Fund; (i) the sustainable plan to ensure a year-on-year fiscal surplus. 6.

Where the Chief Financial Officer is by this Ordinance required to exercise any function after consultation with any person or authority, other than the Governor, he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

MADE this

day of

DAMIAN RODERIC TODD GOVERNOR

2012.