No. 4/2018
10
Puuuc ENTITIES CoRPORATE GovERNA1'iCE
Cap.10:31
Annual reports of Unit
(l) The head of the {Jnit shall, not later than the lsl October in each year,
submit to the Minister, through the Office of the Chief Secretary to the President and
Cabinet, a repmt on the Unit's activities during the previous calendar year, and the
repmt may, after is submitted to the Minister and with the leave of the i\1inister, also
be kept available in electronic form for inspection by members of the public on the
website of the Unit.
(2) lf in the course of a year the Unit has become aware of a contravention of
this Act (and in particular of any principle of good corporate governance embodied
in the First and Second Schedules), or of a performance contract, and the contravention has not been rectified by the date of completion and delivery of the Unit's annual
report, the head of the Unit shall note the contravention in the re1xnt (conversely, if
the contravention is rectified before such date the report must note the rectification
accordingly).
(3) The Minister shall lay a copy of every report submitted to him or her in
terms of subsection ( 1) before the National Assembly on one of the thirty days on which
the Assembly next sits after he or she received it
PART III
APPOINrtvmNT, TENURE AND CoNDHIONs oF SF~vrcE oF BoARDS oF Pt;Buc El'I'TIT!ES
11
Appointment of boards of public entities
(l) Whenever a line Minister appoints a member of the board of a public entity,
that Minister shall comply with this section as well as the requirements of the entity's
enabling instmmcnt:
Provided that this section shall prevail over the enabling instrument to the
extent of any inconsistency.
(2) No person shall be appointed as a member of the board of a public entity
for a term longer than four years, and the appointment may be renewed for only one
further such tem1.
(3) No person shall be re-appointed to a board if he or she has already served
on that board for one or more periods, whether consecutive or not, amounting in the
aggregate to eight years.
(4) A person shall not be appointed to the board of a public entity if he or she
is a member of two other such ooards:
Provided that for the purposes of this subsection, a person who is a member
of the boards of(a) a public entity that owns or controls another such entity; and
(b)
the public entity that is owned or controlled by the entity referred to in
paragraph (a);
shall be regarded as being a member of only one board.
(5) Subject to the Constitution and to any enactment goveming the conditions
of service of persons in the full-time employment of the State, such persons may be
appointed to the board of a public entity:
Provided that(i)
such persons shall not form a majority of the members appointed to any
such board;
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