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Regulations

Cap. 285:02, s. 16 · Revised Edition 2020

The Prime Minister may, after consultation with the Council, make regulations generally for the carrying out of the provisions of this Act and its due administration. Economic Development Council [CAP. 285:02 11 SCHEDULE [section 4] Further Provisions for Administration of Economic Development Council 1. The members of the Council are to be appointed in writing by the Prime Minister for a three year period and are eligible for reappointment; however, a member shall not serve longer than three consecutive terms. Term of members. Qualification for membership. 2. A person is not qualified for appointment, or continuing to hold office as a member of the Council, if the person– (a) has been convicted of an offence involving fraud, dishonesty or moral turpitude; or (b) is an undischarged bankrupt. Termination of membership. 3. The office of a member of the Council becomes vacant if the member– (a) dies; (b) completes the specified period of office and is not reappointed; (c) resigns under paragraph 4; or (d) is removed from office under paragraph 5. Resignation. 4.–(1) Each Co-Chairperson may, at any time, resign from office by instrument in writing addressed to the Prime Minister. (2) The resignation shall take effect as from the date of receipt by the Prime Minister of the instrument. 12 (3) A member of the Council other than a Co-Chairperson may, at any time, resign his office by instrument in writing addressed to the Prime Minister and transmitted through the member’s respective Co-Chairperson. (4) From the date of the receipt by the Prime Minister of the instrument of resignation, the member shall cease to be a member of the Council. Revocation of membership. 5. The Prime Minister may revoke the appointment of any member of the Council if the member– (a) becomes mentally or physically incapable or becomes permanently unable to carry out the duties of office satisfactorily; (b) becomes bankrupt or insolvent, compounds with, or suspends payment to his creditors; (c) is convicted of an offence involving dishonesty or of an offence punishable with not less than one year imprisonment, or has been sentenced to a term of imprisonment or to death; (d) becomes disqualified for appointment by virtue of paragraph 2; (e) fails, without reasonable excuse, to carry out any functions conferred or imposed on him under this Act for a continued period of three months; (f) without reasonable excuse, breaches or fails to comply with any conditions of appointment; or Economic Development Council [CAP. 285:02 13 (g) fails to attend three consecutive meetings of the Council, or any of its committees, without excuse or reasonable explanation. Publication of membership. 6. The names of members of the Council, as first constituted, and every change in the membership of the Council, shall be published in the Gazette. Presiding at meetings. 7. The Co-Chairpersons shall take turns presiding at all meetings of the Council. Temporary appointment. 8. The Prime Minister may appoint any person to act temporarily in the place of any Co-Chairperson or other member of the Council in the case of the absence or inability to act of such member, in keeping with the composition of the Council. Leave of absence. 9. On the application of any appointed member, the Prime Minister may grant leave of absence to the appointed member. 10. Any Co-Chairperson may at any time call a special meeting of the Council and shall call a special meeting of the Council within seven days of a written requisition for that purpose addressed to him by any five members of the Council. Special meeting. 11. Subject to this Schedule, the quorum for any meeting of the Council is six members, including each Co-Chairperson (or person appointed temporarily to represent a Co-Chairperson) and three public sector members and three private sector members. Quorum. 12.–(1) Subject to paragraph 15, the decisions at any meeting of the Council shall be made on a unanimous basis. Voting. (2) Each member present at a meeting of the Council has one vote on any question arising for decision. 13. The Council may meet at such times as may be necessary or expedient for the transaction of business, and such meetings Meeting times. 14 are to be held at such places and times on such days as the Council may determine. Teleconference meetings. 14. A conference by telephone or other electronic means between the members of the Council is, for the purpose of this paragraph, to be regarded as a meeting of the Council at which the participating members are present if– (a) notice of the conference is given to all members in the manner determined by the Council for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. Round-robin decisions. 15. A proposed resolution of the Council becomes a valid decision of the Council, despite the fact that it is not voted on at a meeting of the Council if– (a) notice of the proposed resolution is given to all members of the Council in accordance with procedures determined by the Council; and (b) at least six members, including the two Co- Chairpersons vote thereon, and on a unanimous basis express concurrence in the proposed resolution by letter, telegram, telex, facsimile, e-mail or other written communication setting out the terms of the resolution. 16. Minutes of every meeting of the council shall be kept in proper form by such officer as the Council may appoint and shall be confirmed by the Council at its next meeting and signed by the Chairperson thereof, or other person who presided at such meeting. Economic Development Council [CAP. 285:02 15 17. The Council may co-opt any public officer or other person to attend any particular meeting of the Council for the purpose of assisting or advising the Council, but no such co- opted person shall have any right to vote. Co-opting of members. Committees of Council. 18.–(1) The Council may from time to time appoint Committees with the approval of the Prime Minister to carry out such tasks as the Council may assign to them. (2) The Council, when establishing any Committee– (a) is to appoint a member of the Council to be the Chairperson of the Committee; (b) may appoint officials of Government Ministries and departments, statutory bodies, non-governmental organizations and private sector representatives knowledgeable in the issues and matters to be determined by the Committee, to be and to form part of the Committee; and (c) is to clearly state in writing the terms of reference of the Committee and the period for which it is appointed. 19. Every such Committee shall report its proceedings to the Council, and the decisions and conclusions of the Committee shall be subject to the approval of the Council. Committee to report to Council. 20. The rules for meetings of every Committee shall be the same rules as those governing the meetings of the Council, subject to any special rules that may be made by the Council in that behalf. Rules of Committees. 21. Subject to the provisions of this Act, the Council may regulates its own procedure. Council to regulate its procedure.
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