General Laws Amendment Act, 2011
Act No. 5 of 2011
(a) in section 10 ("Appointment and functions of Secretary of Commission")(3) by the
deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public
Finance Management Act [Chapter 22:19] (No. 11 of 2009)”;
(b) in section 28 ("Transitional Provisions") by the insertion of the following subsections
after subsection (4)-(5) The assets and rights of the State which—
(a) before the fixed date, were used or otherwise connected with the Ministry
responsible for this Act and the Attorney-General's Office; and
(a) are specified by the Minister by notice in a Statutory Instrument;
together with any liabilities or obligations attaching to them, shall be transferred with
effect from the date specified in the notice in any one or more of the following ways(i) to the Judicial Service exclusively; or
(ii) to the Ministry responsible for this Act and the Attorney-General's Office
exclusively; or
(iii) in joint and undivided shares to the Judicial Service, the Ministry responsible
for this Act and the Attorney-General's Office, in which event the accounting
officer of the Ministry responsible for this Act shall continue to be the
accounting officer in respect of those assets.
(6) Any regulation, notice, circular or other document which, immediately before
the fixed date, regulated the conditions of service of any class of transferred members
in terms of the Public Service Act [Chapter 16:04] shall continue, on and after that
date, to regulate the conditions of service of—
(a) those transferred members; and
(b) any persons who join the Judicial Service after the fixed date and who are in
the same class as those transferred members;
until the Commission replaces the regulation, notice, circular or other document
concerned or otherwise alters the conditions of service concerned in terms of this
Act.
(7) If on the fixed date—
(a) there were any disciplinary proceedings in terms of the Public Service Act
[Chapter 16:04] pending against a person who, but for this subsection, would
be a transferred member, such proceedings shall continue after the fixed date in
all respects as if such person is a member of the Public Service and, if the
proceedings result in the dismissal of that person, that person shall not be
transferred to the Judicial Service;
(b) any promotion or advancement was being processed in terms of the Public
Service Act [Chapter 16:04} in relation to any transferred member, such
promotion or advancement shall be processed and completed after the fixed
date in all respects as if such transferred member is a member of the Public
Service and, if the promotion or advancement proceedings result in the
promotion or advancement of that transferred member, that member shall be
transferred to the Judicial Service at the equivalent grade or post;
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