LAND TRANSPORT ACT 1998

Section 27 (Surplus revenues and shortfalls) — Delete “the Minister, in consultation with the Minister responsible for Finance” from subsection (1) and substitute “the Minister responsible for Finance, in consultation with the Minister”.

Section 29 (Estimates of expenditure) — Insert “, given with the concurrence of the Minister responsible for Finance,” after “approval” in subsection (1).

Section 29 (Estimates of expenditure) Insert “as provided under subsection (1)” after “and approved” in subsection (2).

PUBLIC ENTERPRISE ACT 1996

Section 3 (Definitions) — Delete the definition of “Minister of Finance” and substitute—

“Minister of Finance” means the Minister to whom responsibility for finance or public finance is for the time being assigned;

Section 100 (Audit) — Delete the section and substitute—

Audit 

100 

(1) Every Government Commercial Company and Commercial Statutory Authority is required to be audited at least once in every year.

(2) The audit is to be conducted in accordance with—

• (a)the audit provisions of the Companies Act and (subject to paragraph (b)) other legal requirements; and
• (b)the Audit Act, except where the audit is conducted by a person appointed by the Board under subsection (3)(b).

(3) The audit is to be conducted—

• (a)by the Auditor-General or a person authorised or contracted under the Audit Act to carry it out, unless the Government Commercial Company or Commercial Statutory Authority is exempted from audit that Act by the regulations under that Act; or
• (b)by a person appointed by the Board, if the company or authority is so exempted from audit.

(4) The person appointed by the Board under subsection (3)(b) is to be—

• (a)the person that the Minister of Finance directs the Board in writing to appoint; or
• (b)if the Minister of Finance gives no such direction, the person chosen by the Board.

(5) This section applies notwithstanding any other law or any contrary provision in a company’s memorandum or articles.

(6) This section applies also to a subsidiary of a Government Commercial Company or Commercial Statutory Authority.

PUBLIC SERVICE ACT 1999

Section 2 (Commencement) — Delete subsection (3).

Section 3 (Interpretation) — Delete the definition of “chief executive” and substitute—

• “chief executive officer” means—
  • (a)in relation to a department — the person who is responsible under section 110 of the Constitution for the management of the department; or
  • (b)in relation to the following parliamentary bodies—
    • (i)the Office of Auditor-General — the Auditor-General;
    • (ii)the Human Rights Commission and the Office of the Ombudsman — the Ombudsman;
    • (iii)the Office of the Secretary-General to the Parliament — the Secretary-General to the Parliament;

Section 3 (Interpretation) — Delete “Public Finance Management Act 1999” from the definitions of “department”, “government company”, “parliamentary body” and “statutory authority” and substitute “Financial Management Act 2004”.

Section 3 (Interpretation) — Delete the definition of “Judicial and Legal Services Commission” and substitute—

• “Judicial Service Commission” means the Commission of that name established by section 131 of the Constitution;

Section 3 (Interpretation) — Delete the definitions of “Minister”, “Ministry”, “Ownership Minister” and “Purchase Minister”.

Section 3 (Interpretation) — Insert—

• “Minister for Finance” means the Minister to whom responsibility for finance or public finance is for the time being assigned;

Section 3 (Interpretation) — Omit “and Legal Services” from the definitions of “public service” and “service Commission” and substitute “Service”.

Section 4 (Public Service Values) — Delete “Public Finance Management Act 1999” from subsection (8) and substitute “Financial Management Act 2004”.

Section 6 (Public Service Code of Conduct) — Delete “Ministry,” from subsections (5) and (11).

Section 6 (Public Service Code of Conduct) — Insert “officer” after “chief executive” in subsection (11).

Section 8 (Responsibilities of chief executives) — Delete “chief executives” from the heading and subsection (4) and substitute “chief executive officers”.

Section 8 (Responsibilities of chief executives) — Delete “chief executive” from subsection (1) and substitute “chief executive officer”.

Section 8 (Responsibilities of chief executives) — Delete “chief executive of a Ministry” from subsection (2) and substitute “chief executive officer of a department”.

Section 8 (Responsibilities of chief executives) — Delete “Ministry, including any department or group of department of group of departments in the Ministry” form subsection (2) and substitute “department”.

Section 8 (Responsibilities of chief executives) — Delete “Chief Executives” from subsection (3) and substitute “Chief executive officers”.

Section 9 (Establishment of Senior Executive Service) — Delete “chief executives” from subsection (2) and substitute “chief executive officers”.

Section 9 (Establishment of Senior Executive Service) — Delete subsection (3) and substitute—

(3) Before designating an office under subsection (2) the Public Service Commission must consult the relevant Commission and the chief executive officer of the department or parliamentary body concerned.

Section 10 (Purpose of Senior Executive Service) — Delete “Ministry,” and “Ministries and”.

Section 11 (Public Service Commission’s statutory functions) — Delete “Ministries,” and “Ministries and” wherever occurring in subsection (1).

Section 11 (Public Service Commission’s statutory functions) — Delete “the Ownership Minister for a statutory authority” from subsection (2) and substitute “the Minister who administers or is responsible for a statutory authority”.

Section 11 (Public Service Commission’s statutory functions) — Delete “the Ownership Minister” from subsection (2)(a) and substitute “that Minister”.

Section 11 (Public Service Commission’s statutory functions) — Delete “(2) In this section” and substitute “(3) In this section”.

Section 12 (Directions of Minister) — Delete “Public Finance Management Act 1999” from subsection (4) and substitute “Financial Management Act 2004”.

Section 13 (Inquiries by Public Service Commission) — Delete “Chief executives” from subsection (3) and substitute “Chief executive officers”.

Section 14 (Annual reports by Public Service Commission) — Delete “Public Finance Management Act 1999” from subsection (3) and substitute “Financial Management Act 2004”.

Section 15 (Regulations) — Delete subsection (2)(f) and substitute—

• (f)performance agreements to be entered into by chief executive officers which are consistent with the Financial Management Act 2004;

Section 15 (Regulations) — Delete “chief executives” from subsection (2)(g) and substitute “chief executive officers”.

Section 15 (Regulations) — Delete “Ministries and” from subsection (2)(h) and (i).

Section 15 (Regulations) — Insert “Service” after “Public” in subsection (4).

Section 15 (Regulations) — Delete subsection (5) and substitute—

(5) If regulations are made under this section relating to performance assessment of chief executive officers, they must provide that before completing any such assessment the relevant Commission must consult the Minister for Finance as regards the extent to which the department met its obligations under its annual corporate plan prepared pursuant to the Financial Management Act 2004.

Section 15 (Delegation) — Delete “Public Finance management Act 1999” form subsection (6) and substitute “Financial Management Act 2004”.

Section 16 (Delegation) — Delete “Public Finance management Act 1999” form subsection (12) and substitute “Financial Management Act 2004”.

Section 18 (Additional powers of service Commissions) — Delete “Public Finance Management Act 1999” from subsection (3)(b) and substitute “Financial Management Act 2004”.

Section 20 (Service Commission directions) — Delete “Chief executives” from subsection (4) and substitute “Chief executive officers”.

Section 21 (Delegation of employment powers to chief executives) — Delete “chief executives” from the heading and substitute “chief executive officers”.

Section 21 (Delegation of employment powers to chief executives) — Delete “chief executive” wherever occurring in subsections (1) to (3) and substitute “chief executive officer”.

Section 21 (Delegation of employment powers to chief executives) — Delete “Ministry,” from subsections (1) and (2).

Section 21 (Delegation of employment powers to chief executives) — Delete “Public Finance Management Act 1999” from subsection (3) and substitute “Financial Management Act 2004”.

Section 31 (References to Permanent Secretaries and other officers) — Delete “Ministry” wherever occurring in paragraphs (a) and (b) and substitute “department”.

Section 31 (References to Permanent Secretaries and other officers) — Delete “chief executive” from paragraphs (a) and (b) and substitute “chief executive officer”.

Section 31 (References to Permanent Secretaries and other officers) — Insert after paragraph (d)—

• (e)a chief executive as defined in section 3 of this Act or within the meaning of this Act is to be construed as a reference to a chief executive officer.