No. 4/2018 Prmuc EN11TIEs CoRPORATE GovERNANCE Cap.10:31 {f) where the person is a partnership, a partner in the pattnership \Vho, either alone or together with one or more associates, controls fifty per centum or more of the rights to the pattnership's income or capital; (g) where the person is the trustee of a tmst, any other person \Vho benefits or may benefit under the tmst; (h) where the person is a company(i) a person who, either alone or together with one or more associates, controls the compatty; or (ii) another company which is controlled by a person refeued to in subparagraph (i), either alone or together with one or more associates. (7) For the purposes of subsection (6), a person shall be deemed to control a company if the person, either alone or together with one or more associates or nominees(a) (b) 3 controls the majority of the voting rights attaching to all classes of shares in the company, whether directly or through one or more interposed companies, partnerships or trusts; or has any direct or indirect influence that, if exercised, results in him or her or his or her associates or nominees factually controlling the company. Application of Act ( 1) Subject to subsection (2), this Act shall apply to public entities notwithstanding anything to the contrary in their enabling instnnnents. (2) This Act shall not apply to Ministries and departments of the Govemment. 4 Act not to affect composition or independence of constitutional Commissions This Act shall not be constmed so as to(a) affect the composition of any constitutional Commission or the appointment of members to or the dismissal of members from such a Commission; or (b) compromise the independence conferred by the Constitution on any constitutional Commission or other body. PART II CoRPORATE GovER"lANCE Ut...1T 5 Corporate Governance Unit (1) The Corporate Govemance Unit that was established in accordance with the law relating to the Civil Service as a department within the Office of the President and Cabinet shall continue in existence subject to this Act. (2) The Unit shall be headed by a person of the grade of Permanent Secretary and shall consist of such other members of staff as may be necessary for the perfomtance of its functions, whose offices shall be public offices and form part of the Civil Service. 6 Functions of Unit (1) The functions of the Unit shall be- (a) to provide an advisory and centralised suppott mechanism for line Ministries to ensure strict compliance by all public entities with the applicable provisions of this Act; and 80