Cap. 10:31
No. 4/2018
(a) contravene this Act or any other enactment; or
(b) arc contrary to the policy of the Govemment or to the public interest;
and in that event the chief executive officer shall vvithout delay alter the code to take
account of the board's views.
(5) If on receipt of a board charter and code of ethics the Unit considers that
any of its provisions(a) contravene this Act or any other enactment; or
(b) are contrary to the public interest;
the head ofthe {}nit shall inform the Minister accordingly. whereupon the iVIinister shall
endeavour. by negotiation \Vith the line Minister and (through the line Minister) the
board of the public entity concerned, to secure the amendment of the chmter or code.
(6) If the J'vfinister fails to secure the amendment of a charter or code in terms of
subsection (5), and the Minister is of the opinion that the failure may be detrimental to
the business of the entity in question, the Minister shall seek the leave of the President
to refer the matter to Cabinet
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Amendment of board charters and codes of ethics
The board of a public entity and the entity's chief executive officer may
respectively amend the entity's charter and code of ethics at any time, and sections 26,
27 and 28 shall apply, with any necessmy changes, to such an amendment.
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Board charters and codes of ethics to be available for inspection
The board of every public entity shall ensure that a copy of the entity's board
charter and codes of ethics are kept(a)
(b)
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at the entity's office, where they may be inspected by members of the
public free of charge at all reasonable times during the entity's business
hours; and
available in electronic form for inspection by members of the public on
the entity's ·,;vebsite.
Monitoring of compliance with Good Corporate Governance Code, board
charters and codes of ethics
( 1) In this section "standard of compliance" in relation to a public entity refers
to the level of compliance by the entity with the Good Corporate Govemance Code, such
of the principles of good govemance set out in the Second Schedule as are applicable
to the public entity concerned, and the relevant board charter.
(2) Subject to this Act and any other enactment(a) every line Minister is responsible for monitoring compliance by the public
entity of which he or she is the line Minister with the Good Corporate
Govemance Code, such of the principles of good governance set out in
the Second Schedule as are applicable to the public entity concemed, and
its board charter; and
(b) evety board of a public entity is responsible for monitoring compliance
by the employees of the public entity with the entity's code of ethics; and
(c) the Unit is respon.<>iblc for overseeing general compliance by public entities
with the Good Corporate Governance Code and such of the principles of
good governance set out in the Second Schedule as are applicable to the
public entities concerned.
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