Finance and Audit (CAP. 168 1
CHAPTER 168
THE FINANCE AND AUDIT ACT
Arrangement of Sections
Section
PART I - PRELIMINARY
1. Short title.
2. Interpretation.
PART I1 - PUBLIC FINANCE
3 . Withdrawals from the Consolidated Fund.
4. Annual Estimates.
5. Authorisation of expenditure in advance of
appropriation.
6. Special Funds.
7. Trusts.
PART 111 - CONTROL O F PUBLIC FINANCE
Powers and duties of the Minister.
Powers and duties of the Financial Secretary.
Accountant-General.
Accounting Officers
Accountable Officers.
Consolidated Fund monies to be kept with specified bank
or banks.
Bank accounts.
Investment of monies.
Advances.
Contingencies Fund.
Imprests.
Lapse of appropriations and warrants.
Administration of Special Funds.
Dissolution of Special Funds.
Development Fund.
Accounting Officer's responsibility.
Existing investments.
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2 CAP. 168) Finance and Audit
25. Restriction on borrowing.
26. Guarantees.
27. Virement.
PART IV - DEPOSITS
28. Deposits.
29. Investment of deposits.
30. Advances from deposits.
3 1. Unclaimed deposits.
PART V - ACCOUNTS
32. Annual Accounts to be prepared by Accountant-General.
33. Annual Accounts of Special Funds.
PART VI - T H E DIRECTOR O F AUDIT
34. Duties.
35. Access to Government property.
36. Accommodation and staff.
37. Powers.
38. Freedom from direction and control.
39. Pre-Audit.
40. Incompatible undertaking.
41. Delegation of functions.
PART VII
T H E AUDIT AND EXAMINATION O F ACCOUNTS
42. Report on Accounts.
43. Notification of irregularities.
PART VIII - STATUTORY BODIES
44. Application.
45. Estimates of capital expenditure.
46. Estimates of recurrent income and expenditure.
47. Annual Report and Accounts.
48. Minister may request Director of Audit to audit or
investigate.
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PART IX - WRITE OFF O F PUBLIC MONEY
O R STORES O R ABANDONMENT O F CLAIMS.
49. Write-off and abandonment of claims.
50. Disposal of serviceable stores to certain organisations.
PART X - SURCHARGE
51. Conditions under which surcharge may be imposed.
52. Neglect or fault.
53. Notification of surcharge.
54. Appeal.
55. Withdrawal of surcharge.
56. Recovery of surcharge.
PART XI - REGULATIONS
57. Regulations.
PART XI1 - TRANSITIONAL
58. Transitional Provisions.
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Finance and Audit (CAP. 168 5
FINANCE AND AUDIT
(1st January, 1985.)
PART 1
PRELIMINARY
1. This Act may be cited as the Finance and Audit Short
Act.
2. (1) In this Act- Interpretation.
"accountable officer" means any public officer,
including an accounting officer concerned in or
responsible for the collection, receipt, custody, issue
or payment of public monies, stores, stamps,
investments, securities, or negotiable instruments,
whether the property of Government or on deposit
with or entrusted to Government or to any public
officer in his official capacity either alone or jointly
with any other public officer or any other person;
"Accountant-General" means the Accountant-General
of Antigua and Barbuda;
"accounting officer" means a public officer designated
by the Minister to be an accounting officer, sub-
ject to the provisions of any law and to be accoun-
table for-
(i) the funds appropriated under any head of
expenditure of the estimates of expenditure of
Antigua and Barbuda for a financial year;
(ii) the collection of any revenue under the revenue
heads to which that public officer is designated;
and
(iii) the use and custody of any public monies,
stamps or stores relating to the service for
which such revenue heads are established:
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6 CAP. 168) Finance and Audit
" appropriation law" means any Act to apply a sum
out of the Consolidated Fund for expenditure in
a financial year and includes a supplementary
appropriation law;
Cap. 134.
"Development Fund" means the Development Fund
established by the Development Fund Act, and any
Act amending or substituted for that Act;
"Director of Audit" means the Director of Audit
appointed under the Constitution;
"Financial Secretary" means the Financial Secretary
of Antigua and Barbuda;
"financial year" means the twelve months ending with
3 1 st December:
"head of expenditure" means a classification of expen-
diture for a distinct purpose or for the service of
a particular Ministry, identified as such in the sum-
mary of recurrent expenditure in the annual
estimates, and may relate to either statutory or
supply services or both;
"the House7' means the House of Representatives;
"Minister" means the Minister for the time being
responsible for finance;
"public monies" means-
( a ) all revenues or other monies raised or received
for the purposes of the Government;
(b) any other monies or funds held, whether tem-
porarily or otherwise, by any public officer in his official
capacity either alone or jointly with any other person
whether or not that other person is a public officer;
"public officer" has the meaning assigned to that
expression in section 127 of the Constitution;
"statutory body" means any corporation, company,
board, commission, authority or other body
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established by or under an Act to provide goods
or services to the public on behalf of the
Government;
"statutory expenditure" means expenditure charged on
the Consolidated Fund by a law other than an
appropriation law;
"supply vote" means the total sums appropriated out
of the Consolidated Fund for and applied to any
purpose by an appropriation law;
"virement" means a transfer of a provision from one
subhead to another within the same head of
expenditure;
"warrant" means a document authorising the payment
of money.
(2) A reference in this Act to a Part or section is a
reference to a Part or section of this Act and where in any
section of this Act reference is made to a subsection without
anything in the context to indicate that a reference to a subsec-
tion of some other provision of this Act is intended, the
reference is a reference to a subsection of the section in which
the reference is made.
PART I1
PUBLIC FINANCE
3. (1) Withdrawals may be made from the Con- 26',h%,""ls
solidated Fund in the following manner, that is to say- Consolidated
Fund.
( a ) the Minister may authorise the Accountant-
General by general warrant under the hand of the
Minister to pay out of the Consolidated Fund, upon
such conditions and in such manner as may to the
Minister seem fit, such sums as are necessary to meet
expenditure charged upon the Consolidated Fund by
an appropriation law;
( b ) where in any financial year any statutory
expenditure is due and payable in respect of that finan-
cial year, the Minister may, from time to time during
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8 CAP. 168) Finance and Audit
that financial year, authorise the Accountant-General
to meet such statutory expenditure out of the Con-
solidated Fund.
(2) Where monies forming part of the Consolidated
Fund are deposited with a bank, the Crown Agents or any
approved agency or where such monies are invested in a
manner provided by any law enacted by Parliament, such
monies shall not for the purposes of this section be regarded
as having been issued from the Consolidated Fund.
(3) For the purposes of this section an approved agency
is an agency approved as such for the purposes of this Act
by law enacted by Parliament.
Annual 4. The Estimates of revenues and expenditure of
Estimates.
Antigua and Barbuda for a financial year shall be in such
form as the Minister may from time to time direct;
Provided that-
(a) the estimates of statutory expenditure shall show
the sums to be issued to meet the expenditure on each
service and shall contain a reference to the law authoris-
ing expenditure for such service to be charged on the
Consolidated Fund; and
( 6 ) the estimates of each expenditure vote shall-
(i) describe the ambit of the vote,
(ii) show the sum required to be supplied for such
vote by appropriation, and
(iii) contain a reference to the accounting officer
designated in respect of such vote.
Authorisation of
expenditure in
advance of
appropriation.
5 . If the appropriation law in respect of any financial
year has not come into operation by the beginning of that
financial year, the Minister may by provisional general war-
rant under his hand authorise the withdrawal of monies from
the Consolidated Fund for the purpose of meeting expen-
diture necessary to carry on the services of the Government
until the expiration of four months from the beginning of
that financial year or the coming into operation of the law
whichever is the earlier:
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Provided that-
(i) no expenditure upon any service for which no
provision had been made in any law in force
during the previous financial year shall be
deemed to be authorised by this section;
(ii) the expenditure so authorised for any service
shall not exceed one third of the amount voted
for that service in the appropriate law for the
previous year; and
(iii) all sums issued in pursuance of the said pro-
visional general warrant shall be deemed to
have been issued in anticipation of grants
being made by Parliament in an appropriate
law for the financial year in which the sums
were issued, and, on the coming into opera-
tion of that law, the said provisional general
warrant shall cease to have effect, and issues
thereunder shall be deemed to have been
made for the purposes of that law and shall
be accounted for in accordance with the pro-
visions thereof.
6. (1) The House may make provision in any Special Funds.
appropriation law for the establishment of Special Funds.
(2) Special Funds shall not form part of the Consolidated
Fund.
7. (1) Nothing in this Act shall abridge or alter the Tmsts.
terms of any trust or be construed as authorising the making
of any regulations or the giving of any directions or
instructions requiring any person to obey any regulations,
directions or instructions in relation to monies held on trust
which contravene or are inconsistent with the terms of such
trust.
(2) No public officer may accept appointment as a
trustee without the written authority of the Minister to accept
that appointment, and any appointment contrary to this sec-
tion shall be void.
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Powers and
duties of the
Minister.
Powers and
duties of the
Financial
Secretary.
Accountant-
General.
PART I11
CONTROL O F PUBLIC FINANCE
8. The Minister shall, subject to the provisions of this
Act, control the Consolidated Fund and the Development
Fund, established by the Development Fund Act, and any
law amending or substituted for that Act and shall be respon-
sible for the supervision, control and direction of all matters
relating to the financial affairs of Government.
9. The Financial Secretary-
( a ) may issue directions and instructions not
inconsistent with the provisions of this Act or with
regulations made thereunder to accounting officers and
to other public officers for carrying out provisions of
this Act;
(6) shall take all proper steps to ensure that regula-
tions made under this Act and any directions or instruc-
tions issued pursuant to this section are brought to the
notice of all persons directly affected thereby;
(c) on receipt of any report submitted to him in
accordance with any law or in response to directions
issued pursuant to this Act by himself or by any other
person or body authorised to do so, shall examine such
report and take such action as the law or the directions,
as the case may be, require.
10. The Accountant-General shall maintain the
accounts of the Government and be responsible for the con-
duct of the Treasury; and without prejudice to the generality
of those duties shall-
(a) ensure that all monies received and paid by the
Government are brought promptly and properly to
account;
( 6 ) refuse payment on any voucher which is
incorrect or insufficient in content, or which contravenes
any regulations, directions or instructions under this Act
or any other law for the management of public monies,
or that is, in his opinion, in any other way unaccep-
table in support of a charge on public monies; and
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(c) report to the Minister in writing any defect in
departmental control of revenue, expenditure, cash,
stamps or other property of Government that may be
brought to his notice.
1 . Every accounting officer shall, subject to the pro- Accounting
Officers. vision of any law, or direction of the Financial Secretary-
(a) be accountable for the funds appropriated under
the head of expenditure to which he is designated, and
for the collection of revenue within the revenue head
to which he is designated, and for the custody of public
monies, stamps and stores relating to the service of those
heads; and
( 6 ) obey all laws and regulations as well as all direc-
tions and instructions issued by the Minister, the Finan-
cial Secretary or the Accountant-General, in respect of
the handling of and accounting for public monies, public
stores, stamps, investments, securities or negotiable
instruments which are the property of Government or
on deposit with, or entrusted to, Government or to any
public officer in his official capacity.
12. Every accountable officer shall obey all laws and $;g;:;ble
regulations as well as all directions or instructions lawfully
given in respect of the custody, handling of and accounting
for public monies, public stores, stamps, investments,
securities or negotiable instruments which are the property
of Government or on deposit with, or entrusted to, Govern-
ment or to any public officer in his official capacity.
13. All sums accounted for in the Consolidated Fund, ~~''''~d,"?~ to
except monies invested pursuant to the provisions of sec- be kept with
tion 15, shall be kept with such bank or banks as the Minister s,c;ged bank Or
may from time to time determine.
14. No public or official account shall be opened at Bank accounts.
any bank without the authority in writing so to do of the
Minister.
15. (1) The Minister may authorise that monies for- Investment of
monies.
ming part of the Consolidated Fund be invested-
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12 CAP. 168) Finance and Audit
Advances.
( a ) with a bank, either at call or subject to notice
not exceeding twelve months;
(6) with the Joint Consolidated Fund administered
by the Crown Agents, or
(c) in a manner authorised by law for the invest-
ment of trust funds.
(2) All investments made under this section together
with any interest received therefrom shall form part bf the
Consolidated Fund.
16. (1) Subject to the provisions of this section, the
Minister may, by advance warrant under his hand, authorise
the Accountant-General to make disbursements of monies
forming part of the Consolidated Fund, or of other public
monies for the purpose of making advances-
( a ) on behalf of, and recoverable from, other
Governments and Administrations;
( b ) to or on account of the Development Fund or
any Special Fund where such advances are recoverable
within a period not exceeding twelve months after the
close of the financial year in which such advances are
made:
(c) to meet expenditure authorised by a Loan Act
in anticipation of the receipt of any instalment of the
loan authorised by that Act;
(6) to or on account of trusts or other funds
administered by the Government, or to or on behalf
of statutory bodies, or to or on behalf of companies,
partnerships or associations in which the Government
has not less than twenty-five per cent proprietary interest,
where such advances are in the public interest and are
recoverable within a period not exceeding twelve months
after the close of the financial year in which such ad-
vances are made:
Provided that no advance shall be made under this
paragraph except in accordance with a written agreement
and that the amount of any single such advance, or the sum
of such advances to any single such borrower, shall not exceed
two hundred thousand dollars;
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( e ) to or on behalf of any company, partnership
or association not included in paragraph ( 4 , or to or
on behalf of other institutions or individuals, other than
public officers or employees of the Government, where
such advances are in the public interest and are
recoverable within a period not exceeding twelve months
after the close of the financial year in which such
advances are made:
Provided that no advance shall be made under this
paragraph except in accordance with a written agreement
and that the amount of any single such advance, or the sum
of such advances to any single such borrower, shall not ex-
ceed five thousand dollars; and
V) to public officers and othe persons employed
by Government for such purposes and on such terms
and conditions as may be prescribed from time to time
by General Orders and Financial Instructions.
(2) The total advances authorised under paragraphs ( 4 ,
je), and Cf) of subsection (1) shall not, after repayments have
been deducted, and excluding balances still outstanding which
arose before 31st December, 1977, exceed at any time an
amount equivalent to four per cent of the total estimated
recurrent revenue of Antigua and Barbuda for the current
financial year.
(3) Where the Minister is satisfied that it would be in
the public interest to make an advance other than advances
for which provision is made in subsections (1) and ( 2 ) , the
Minister may submit his proposal to make such advance to
the House and if the House, by resolution, approves the mak-
ing of the advance, the Minister may issue an advance war-
rant under his hand authorising the Accountant-General to
disburse monies up to the limit of the advance.
(4) The Minister may authorise the Financial Secretary
in writing to sign on his behalf any advance warrant issued
for the purposes of and under subsection (1).
17. (1) There shall be a Contingencies Fund Contingencies
Fund.
cxlnsisting of such monies as may, from time to time, by
law enacted by Parliament, be made available to that Fund
from monies charged upon the Consolidated Fund.
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14 CAP. 168) Finance and Audit
(2) The Minister may, from time to time, if he is
satisfied that there has arisen an urgent and unforeseen need
for expenditure for which no other provision exists, make
advances from the Contingencies Fund by contingencies war-
rants under his hand, to meet that need if the total balance
available to the Fund is not overdrawn.
Irnprests. 18. (1 ) The Minister may, by imprest warrant under
his hand, authorise the Accountant-General to issue imprests
from the Consolidated Fund to public officers or to any
Minister of Governement for any purpose for which monies
have been appropriated from the Consolidated Fund.
(2) Except with the previous permission of the
Accountant-General by notice in writing, where an imprest
issued pursuant to subsection ( 1 ) is not retired within thirty
days of the close of the financial year in which it was issued,
the Accountant-General shall forthwith recover the amount
of such imprest by deductions from the salary or other
emoluments of the person to whom the imprest was issued.
Lapse of
appropriations
19. Except as otherwise provided in this Act, every
and warrants. appropriation by the House of public monies for the service
of a financial year, and every warrant issued under the pro-
visions of this Act shall lapse and cease to have effect at the
close of that financial year.
Administration of 20. ( 1 ) In this Act, Special Fund means-
Special Funds.
(a) any fund of public monies established under
the provisions of section 6; and
( 6 ) any trust fund held by Government.
(2) A Special Fund shall be administered and expen-
diture therefrom shall be in accordance with the law or trust
instruments as the case may be, whereby the Fund is
established.
(3) Where a Special Fund is a trust fund held by
Government and the provisions of the trust instrument
whereby the Fund is established are not adequate for the
administration of the Fund, the Financial Secretary may,
subject to the provisions of section 7, give such directions
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as he may consider necessary to enable the Fund to be
properly administered.
(4) The House may by resolution hypothecate revenue
for a Special Fund.
(5) A special Fund shall be kept in a separate account
by the Accountant-General or, where by virtue of the law
or trust instrument establishing a Special Fund or of directions
given by the Financial Secretary pursuant to subsection (3),
some other public officer is responsible for the administra-
tion of the Fund, by that public officer or on his behalf by
the Accountant-General.
( 6 ) Subject to the provisions of section 6 , the monies
of a Special Fund shall be kept in a separate account or
accounts in a bank or banks, at call or short notice.
(7) The receipts and accruals of a Special Fund or the
balance of any Special Fund at the close of a financial year
shall be retained for the purposes of the Special Fund.
(8) Subject to the provisions of section 6 and of this sec-
tion, 'the ~ i -n i s t e r ma; authorise the investment of monies
standing to the credit of a Special Fund in the same manner
as he may authorise the investment of monies forming part
o f the Consolidated Fund.
21. (1) Subject to the provisions of section 7 if- :i~?&?,"~if.
(a ) the monies in a Special Fund are exhausted and
no legal provision exists whereby further monies may
be paid into the Special Fund; or
(b) the objects for which a Special Fund was
established are ful5lled or cease to exist and, in the
opinion of the Minister, there is no likelihood that any
objects for which the Special Fund could be lawfully
used will arise in the future,
the Minister may by Order dissolve the Special Fund.
(2) The monies remaining in any Special Fund dissolved
h y virtue of an Order under subsection (1) shall thereupon
hc. paid into and shall form part of the Consolidated Fund.
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Development
Fund.
Accounting
Officer's
responsibility.
Existing
investments.
Restriction on
borrowing.
CAP. 168) Finance and Audit
22. ( 1 ) The Development Fund established by the
Development Fund Act shall not form part of the Con-
solidated Fund, and shall be kept in a separate account by
the Accountant-General.
(2) The Developement Fund shall be administered and
the expenditure therefrom shall be regulated in accordance
with the provisions of the Development Fund Act and any
Act amending or substituted for that Act.
23. ( 1 ) The control of each head of expenditure or
revenue for any financial year shall be the responsibility of
the accounting officer designated therefor.
(2) The accounting officer shall be personally and
pecuniarily accountable for all public monies received, col-
lected or disbursed and for all public stores received, held
or disposed of by or on account of the department or service
under the head for which he is designated.
24. All investments held by or on behalf of the
Government on the date when this Act comes into opera-
tion shall, in so far as they are not held on account of Special
Funds or the Development Fund, be deemed to have been
made out of monies issued from the Consolidated Fund and
shall be deemed to form part of that Fund and, notwithstan-
ding that such investments are not such as may be made
under section 15, may be retained.
25. (1) The Government shall not borrow money
except in accordance with the provisions of an Act.
(2) The powers conferred by a general or any specific
Loan Act or by any appropriation law to borrow money by
means of advances from a bank or from the Crown Agents
may be exercised by means of fluctuating overdrafts.
(3) The aggregate amount of any overdrafts shall be
limited to that authorised by resolution of the Cabinet:
Provided that the resolution be approved by the House
within one year.
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(4) Subject to the provisions of a general or any specific
Loan Act, any money borrowed by the Government in the
manner provided for in subsection (2) shall be paid into and
shall form part of the Consolidated Fund and shall be
available in any manner in which such Fund is available.
26. No guarantee involving any financial liability shall Guarantees.
be binding upon the Government unless such guarantee is
given in accordance with the provisions of an Act or by
rcsolution of the Cabinet:
Provided that the resolution be approved by the House
within six months.
27. (1) If, in the opinion of the Minister, the exigen- Virement.
cies of the public service render it necessary or expedient
to vary the sum assigned to any purpose within a supply
vote shown in the estimates of expenditure for any financial
year, he may direct by means of a virement warrant that
there shall be applied in aid of any purpose for which the
sum assigned may be deficient a further sum out of any
surplus arising on any sum assigned to any other purpose,
except normally that assigned to Personal Emoluments,
within the same supply vote:
Provided that-
(a) the sum appropriated for any supply vote by
the Appropriation Act and by any Supplementary
Appropriation Act for that financial year is not thereby
exceeded, and
(6) no individual additional provision shall be
approved by virement warrant which is in excess of fifty
thousand dollars or which, together with any previous
additional sum approved for that financial year, exceeds
fifty per cent of the original provision appropriated for
the subhead by Parliament, whichever is the less.
(2) Any virement warrant issued under the provisions
of subsection (1) shall be laid before the House within six
months from the date on which such virement warrant was
signed.
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18 C A P . 168) Finance and Audit
Deposits.
PART IV
DEPOSITS
28. Any monies, not being money raised or received
for the purposes of the Government, which may be deposited
with the Accountant-General, or with any other public officer
authorised by the Financial Secretary or by regulations made
under this Act to receive such monies, shall not form part
of the Consolidated Fund, and, except as provided in this
Part, shall not be applied in any way for the purposes of
Government.
Investment of
deposits.
29. (1) The Minister may authorise the investment
of deposits in the same manner as he may authorise the
investment of monies forming part of the consolidated Fund.
(2) Any interest or dividend received in respect of
deposits invested in accordance with subsection (1) shall be
paid into the Consolidated Fund, unless otherwise directed
by the Minister.
Advances from
deposits.
30. Subject to the provisions of this section, the Fina.n-
cia1 Secretary may authorise the Accountant-General to use
deposits for the purpose of making advances for all or any
of the purposes specified in subsection (1) of section 16, except
that deposits shall not be used where the advance in ques-
tion is repayable or recoverable, as the case may be, after
the close of the financial year in which such advance is made.
Unclaimed
deposits. 31. Any deposit which is unclaimerl for five years,
shall be paid into the Consolidated Fund for the public pur-
poses of the Government but if any person entitled thereto
shall subsequently prove to the satisfaction of the Accountant-
General his claim to any such deposit, the Accountant
General shall thereupon refund to such person his deposit.
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PART V
ACCOUNTS
32. (1) Within a period of six months after the close Annual Accounts
to be prepared of each financial year the Accountant-General shall prepare, by Accountant-
certify and submit to the Director of Audit the accounts of General.
Antigua and Barbuda for that financial year, showing fully
the financial position of Antigua and Barbuda at the end
of the year, including the statements specified in subsec-
tion ( 2 ) , with as many copies of the accounts as the Director
of Audit may reasonably require:
Provided that the House may by resolution approve an
extension of the period of six months in respect of any finan-
cial year.
( 2 ) The statements referred to in subsection (1) are-
( a ) a statement of assets and liabilities;
(6) an annual abstract statement of revenue and
expenditure by heads;
(c) a comparative statement of actual and estimated
revenue by subheads;
(d) a comparative statement of actual and estimated
expenditure by subheads;
( e ) a statement of balances on advance accounts
from the Consolidated Fund, analysed under the several
categories set out in section 16;
Cf) a statement of the balances on deposit account;
(g) a statement of outstanding loans made from the
Consolidated Fund, by annual and aggregate receipts
and payments;
( h ) a statement of Public Debt;
(i) a statement of investments, showing the Funds,
including Sinking Funds, on behalf of which the
investments were made;
@ a statement of contingent liabilities;
(k) a statement of Special Fund balances by annual
and aggregate receipts and payments showing in respect
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2 0 CAP. 168) Finance and Audit
of each Special Fund the investments or other assets
relating thereto;
( I ) in respect of the Development Fund,
(i) a statement of assets and liabilities;
(ii) an annual abstract statement of revenue by
services and of expenditure by projects;
(iii) a comparative statement of actual and
estimated revenue by heads;
(iv) a comparative statement of actual and
estimated expenditure by subheads;
(m) a statement of losses of cash and stores and
abandoned claims;
(n) a statement of ex-gratia payments, and amounts
not covered by law;
(0) such other statements as Parliament may from
time to time require.
Annual Account
of Special Funds.
33. Within a period of six months after the close of
a financial year or the close of such period of account as
may be provided in any law or trust instrument relating
thereto, or, in the absence of any such provision, the close
of such period of account as may be prescribed by directions
given by the Financial Secretary pursuant to subsection (3)
of section 20-
(a) any officer administering a Special Fund, and
(6) any officer administering any trust or other fund
or account not provided for in this section,
shall prepare, certify and submit to the Director of Audit
an account of such fund or account relating to the period
of account, in such form as the Accountant-General may,
from time to time, require.
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Finance and Audit (CAP. 168 2 1
PART VI
T H E DIRECTOR O F AUDIT
34. The Director of Audit shall satisfy himself- Duties.
( a ) that all reasonable precautions have been taken
to safeguard the collection and custody of revenue and
that the law, directions and instructions relating thereto
have been duly observed;
(b) that expenditure has been incurred with due
regard to economy and to the value obtained;
(c) that public monies other than those which have
been appropriated have been dealt with in accordance
with proper authority;
(4 that all reasonable precautions have been taken
to safeguard the receipt, custody, issue and proper use
of cash, stamps, securities and stores and that the regula-
tions, directions and instructions relating thereto have
been duly observed; and
(e ) that adequate regulations, directions or instruc-
tions exist for the guidance of accounting officers and
accountable officers.
35. The Director of Audit, or any other officer duly t;;,";nt;ent
authorised by him, shall have access to all cash, stamps,
securities, stores or other Government property of any kind
whatsoever in the possession of any public officer.
36. (1) In any place visited by the Director of Audit f;yz;,qdation
for the performance of his duties under the Constitution and
this Act, such accommodation as the Director of Audit and
his staff may deem necessary to enable them to perform their
duties under the Constitution and this Act shall be provided
in that place during the period necessary for performing those
duties.
(2) The Director of Audit shall be provided with ade-
quate staff to perform his duties under the Constitution and
this Act.
LAWS OF ANTIGUA AND BARBUDA
2 2 CAP. 168) Finance and Audit
Powers. 37. In the exercise of the duties conferred upon him
by the Constitution and this Act, the Director of Audit may-
( a ) call upon any officer for any explanations and
information which the Director of Audit may require
in order to enable him to discharge his duties;
(b) require production to him of any books,
accounts, vouchers or papers under the control of any
officer relating to or in any way concerning the public
accounts and keep such books, accounts, vouchers and
papers for such time as he may require them in the
discharge of his duties;
(c) authorise any person publicly carrying on the
profession of accountant or any public officer to con-
duct on his behalf any inquiry, examination or audit
and to report thereon to him;
(4 without the payment of any fee, cause search
to be made in and extracts to be taken from any public
office;
(e) lay before the Attorney-General for his opinion
a case in writing relating to any question regarding the
interpretation of any law concerning the powers of the
Director of Audit or the discharge of his duties.
Freedom from
direction and
38. In the exercise of his functions under this Act,
control. the Director of Audit shall not be subject to the direction
or control of any other person or authority.
Pre-Audit. 39. With the exception of examinations of computa-
tions of retirement benefits, the Director of Audit shall not
be required to undertake any examination of accounts of
the nature of a pre-audit which involves the acceptance by
him ~f responsibility which would preclude him from full
criticism of any accounting transaction after such transac-
tion has been duly recorded.
Incompatible 40. The Director of Audit shall not be required to
undertaking. undertake any duties outside those of his office if in his opi-
nion such duties are incompatible with the responsibilities
and duties of that office.
LAWS OF ANTIGUA AND BAKBUDA
Finance and Audit (CAP. 168 2 3
41. Anything which, under the Constitution or this EizW;yf
Act, is to be done by the Director of Audit, other than certi-
fying and reporting on accounts, may be done by any of-
ficer of his staff authorised by him to do so.
PART VII
THE AUDIT AND EXAMINATION O F ACCOUNTS
42. (1) O n receipt of the accounts submitted to him Report on
Accounts.
under the provisions of sections 32 and 33, the Director of
Audit shall cause them to be examined and audited and shall
certify such accounts and sign and submit to the Minister
a report on the examination and audit of all such accounts,
together with copies of the accounts certified as above in this
subsection.
(2) The Director of Audit may at any time, if it appears
to him desirable, submit to the Minister a special report on
any matter incidental to his powers and duties under this Act.
(3) The Minister shall, after receiving any report sub-
mitted to him pursuant to this section, lay it before the House
not later than seven days after the House next meets, and
if the Minister fails so to lay the report, the Director of Audit
shall transmit a copy thereof to the Speaker of the House
who shall, as soon as practicable, present it to the House.
43. If at any time it appears to the Director of Audit Notification of
~rregularities.
that irregularities have occurred in the receipt, custody, issue
or expenditure of public monies; or in the receipt, custody,
issue, sale, transfer or delivery of stamps, securities, stores,
or other Government property; or in accounting for them,
he shall immediately notify the relevant accounting officer
thereof in writing and send a copy of his notice to the Finan-
cial Secretary.
PART VIII
STATUTORY BODIES
44. (1) The provisions of sections 45, 46 and 47 shall Application.
apply to a statutory body only where such or similar provi-
sions are not made in the law establishing that statutory body.
LAWS OF ANTIGUA AND BARBUDA
2 4 CAP. 168) Finance and Audit
(2) In this Part "the appropriate Minister" means the
Minister under whose portfolio the statutory body in ques-
tion falls.
Estimates of
capital
45. (1) A statutory body shall, before the cornrnence-
expenditure. ment of each financial year of such statutory body, submit
to the appropriate Minister for his approval and that of the
Minister, estimates of its capital expenditure and the finan-
cing thereof for that year in such form as the Minister may
from time to time direct.
(2) The appropriate Minister shall then lay the estimates
approved by him and the Minister pursuant to subsection (1)
before the House not later than fourteen days after the House
next meets.
Estimates of
recurrent income
46. (1) A statutory body shall, before the commence-
and ment of each financial year of such statutory body, submit
for the approval of the appropriate Minister estimates of its
recurrent income and expenditure for that year, in such form
as the appropriate Minister may direct.
(2) A statutory body shall, at such time as the
appropriate Minister may direct, furnish him with such fur-
ther information in relation to its annual income and
expenditure estimates as he may require.
(3) The estimates of recurrent income and expenditure
of a statutory body for its financial year as approved by the
appropriate Minister, may not be altered without the
approval of the appropriate Minister.
Annual Report 47. (1) A statutory body shall, as soon as possible
and Accounts.
and in any case not later than six months after the termina-
tion of the financial year of the statutory body, submit an
annual report to the appropriate Minister in such form as
the Minister may from time to time direct.
(2) Such report shall include a balance sheet, an income
and expenditure account and the report of the auditor of
the statutory body on the accounts.
(3) O n receipt of the annual report, the accounts and
the auditor's report, the appropriate Minister shall lay them
LAWS OF ANTIGUA AND BARBUDA
Finance and Audit (CAP. 168 2 5
before the House, not later than fourteen days after the House
next meets.
48. (1) Notwithstanding anything to the contrary in Minister
request Director
any law, the Minister may request the Director of Audit to ~ ~ d i ~ to audit
examine and audit the accounts of any statutory body or or investigate.
to investigate and report on the financial affairs of any
statutory body.
(2) In the exercise of his duties under this section the
Director of Audit shall have such powers and discretion as
are conferred upon him by sections 35 and 37 for the pur-
pose of examining public accounts.
(3) The Director of Audit may, in his discretion, at any
time consult the auditors of any statutory body regarding
its financial affairs, and if he is not satisfied with the result
of such consultation, may report to the Minister the nature
of his dissatisfaction.
(4) In the exercise of his duties under this section the
Director of Audit may, with the approval of the Minister,
authorise any person publicly carrying on the profession of
accountant to inspect, examine or audit the books and
accounts, or investigate the financial affairs of any statutory
body which the Director of Audit is required under this sec-
tion to examine, audit or investigate; and such person shall
report thereon to the Director of Audit in such manner as
the Director of Audit may direct.
(5) The Director of Audit may report to the Minister
on any investigation made by him under this section and
send a copy of such report to the appropriate Minister, who
may obtain the observations of the statutory body concerned
on any matter in the report to which attention has been call-
ed by the Director of Audit.
(6) The appropriate Minister shall cause any report
submitted to him under subsection (5) together with any
observations of the statutory body concerned, to be laid before
the House not later than thirty days after the House next
meets.
LAWS OF ANTIGUA AND BARBUDA
2 6 CAP. 168) Finance and Audit
(7) A statutory body whose accounts are audited or
financial affairs investigated by the Director of Audit, whether
under the provisions of this section or of any other law, shall
pay such fees in respect of the work done and expenses
incurred in connection with such audit or investigation by
the Director of Audit or any accountant authorised under
subsection (4) as may be approved by the Minister.
PART IX
WRITE OFF O F PUBLIC MONEY O R STORES
O R ABANDONMENT O F CLAIMS
Write-off and
abandonment of
49. (1) The House may by resolution authorise the
claims. Financial Secretary to write-off losses of public monies, stores
or other moveable property belonging to the Government
or provided for the public service, or to abandon or remit
any claim by or on behalf of the Government or any service
thereof.
(2) Such resolution may be in general terms and of con-
tinuing application and may be retrospective to the date of
the coming into operation of this Act.
(3) The Financial Secretary may by writing under his
hand delegate to any public officer any of the powers which
he is authorised to exercise by resolution of the House under
this section.
Disposal of
serviceable stores
50. Subject to the direction of the Minister, the Finan-
to certain cia1 Secretary may authorise the gift of serviceable Govern-
organisations. ment stores or property not required for Government pur-
poses to institutions or organisations in Antigua and Barbuda
that are established solely or principally for educational, scien-
tific, cultural or charitable purposes:
Provided that where the value of such stores or proper-
ty exceeds five thousand dollars the prior approval of the
House of such gift shall be required.
LAWS OF ANTIGUA AND l3AlWULIA
Finance and Audit (CAP. 168 2 7
PART X
SURCHARGE
5 1. If it appears to the Financial Secretary that by ~ ~ ~ t i g ~ ~ ~ , "
reason of the neglect or fault of any person who is or was be imposed.
at the time of such neglect or fault a public officer, public
monies or public stores have sustained loss or damage; and
if, within a period specified by the Financial Secretary, an
explanationsatisfac
