National Economic and Social Council Act 2004

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No. 18 of 2004. The National Economic and 1 ANTIGUA
Social Council Act, 2004. AND

BARBUDA

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

ANTIGUA AND BARBUDA

No. 18 of 2004

AN ACT to establish the National Economic and Social Council
(NESC) and to provide for other matters connected therewith.

[Published in the Official Gazette Vol. XXIV No. 93
dated 23rd Decenzber, 20041

ENACTED by the Parliament of Antigua and Barbuda as
follows-

1. This Act may be cited as the National Economic and Social short
Council Act, 2004.

2. (1) There is established by this Act a council to be known Establishment
as the National Economic and Social Council. of NESC.

(2) The Council shall consist of the following members
appointed by the Prime Minister -

(a) a chairman;

(b) a vice-chairman

(c) three persons selected by the Prime Minister;

ANTIGUA 2 fie National Economic and No. 18 of 2004.
AND Social Council Act, 2004.

BARBUDA

(d) two person nominated by the Leader of the
Opposition;

(e) a representative from Barbuda nominated by the
Barbuda Council;

@ Representatives of the following organizations, each
nominated by the respective organization;

(ij Antigua and Barbuda Trade Union Congress;
(2 Representatives)

(ii) Antigua Chamber of Commerce and Industry;

(iii) Antigua and Barbuda Employers Federation;

(iv) Antigua Hotel and Tourist Association; (2
Representatives)

(v) Professional Organization of Women in
Antigua; (P.O.W.A.)

(vi) Antigua and Barbuda Medical Association;

(vii) The Environmental Awareness Group;

(viii) Antigua Christian Council;

(ix) Antigua and Barbuda Evangelical
Association;

(x) Antigua and Barbuda Bar Association;

(XI) The Pensioners Association;

(xiii The Credit Union League;

(xiii) Antigua and Barbuda Industrial and Small
Enterprises Association;

(xiv) Institute of Chartered Accountants of Antigua
& Barbuda

(xv) National Youth Council;

No. 18 of 2004. The National Economic and 3 ANTIGUA
Social Council Act, 2004. AND

BARBUDA

(@ Antigua and Barbuda Association of persons
with Disabilities;

(g) a representative of the Financial Sector nominated
by the financial institutions operatirig in Antigua
and Barbuda;

(h) a representative of the Construction Industry,
nominated by the contractors, engineers, architects
and land surveyors.

(3) The Prime Minister may, by Order published in the Gazette,
delete or add to the organizations specified in paragraphs 03,
(g) and (h) of subclause (2).

(4) Any Order made under subsection (3) shall be subject to
negative resolution of the House of Representatives.

3. (1) The functions of the Council are - Functions of the
Council.

(a) to promote the goals of economic growth and
development, participation in economic decision-
making and social ecpity;

(b) to reach consensus and conclude agreements on
matters pertaining to social policy;

(c) to regulate its own procedure;

(d) to make rules for the conduct of business of the
Executive Committee or any other committee
established under section 12;

(e) to delegate or assign functions to the Executive
Committee or any other committee established under
section 12;

&I to advise the Government on significant changes to
social and economic policy.

(2) In the performance of its functions under subsection (1)
the Council -

(a) shall collaborate with the Ministries, statutory
bodies and other departments of Government.

ANTIGUA 4 The National Economic and No. 18 of 2004.
AND Social Council Act, 2004.

BARBUDA

(b) may conduct such surveys and carry out such
research in any areas of social and economic activity
as it may consider necessary;

(c) shall monitor the implementation and results of all
legislative and other measures pertaining to social
and economic policies; and

Tenure of office. 4. A member of the Council shall hold office for a period not
exceeding three years and is qualified for reappointment for one
additional term only.

Resignation. 5. A member of the Council may resign from office in writing
addressed to the Prime Minister.

Revocation of 6. (1) The Prime Minister may, on the written recommendation
appointment. to the Chairman, and after consultation with the organization

that nominated a person for appointment, revoke the
appointment of any person who fails to perform his functions
under this Act or any functions assigned to him by the Chairman
of the Council or the Executive Committee.

(2) On the advice of the Chairman, the Prime Minister shall
revoke the appointment of a member who fails to attend meetings
of the Council on -

(a) three tonsecutive occasions without the expressed
permission of the Chairman; or

(b) six occasions in any one year, including occasions
in respect of which permission was obtained.

Payment of 7. There shall be paid to members of the Council such
allowances to allowances, as the Cabinet may determine.
members of the
Council.

Meetings of the 8. (1) The Council shall meet at least once every month.
Council.

(2) Meetings of the Council shall be held at the place, day
and time the chairman or in the absence of the chairman the vice-
chairman or seven other members acting together determine and
notice of the place, day and time shall be given to each member
in writing at least forty eight hours before the time the meeting is
held.

No. 18 of 2004. The National Economic and 5 ANTIGUA
Social Council Act, 2004. AND

B m m

(3) At every meeting of the Council the chairman or in his
absence the vice-chairman shall preside and in the absence of
both the chairman and the vice-chairman the members present
shall elect a member to preside at the meeting.

(4) The number of members that shall constitute a quorum at
meetings of the Council shall be sixteen, including the Chairman or
in his absence the vice-chairman or in the absence of both chairman
and vice-chairman, the persons presiding at the meeting.

(5) The decision of the Council shall be by a majority of
votes, and irr the event of an equality of votes, the chairman
presiding at the meeting shall have a casting vote.

(6) Minutes of each meeting of the Council shall be recorded
by the Secretary and shall be confirmed by the Council at its
next meeting and signed by the Chairman or the vice-chairman
or the person presiding as the case may be.

(7) Subject to the provisions of this Act, the Council shall
make its own rules of procedure and the rdes shall take effect
after they have been approved by the Prime Minister.

9. (1) There shall be an Executive Committee which shall Executive
conduct its business under the direction of the Council and in Committee.
accordance with the rules approved by the Council.

(2) The Executive Committee shall consist of the following
members -

(a) the chairman of the Council who shall be the chairman
of the Committee;

(b) the vice chairman who shall be the vice-chairman of
the Committee;

(c) three persons appointed by the Prime Minister from
among members of the Council, after consultation
with the Leader of the Opposition;

(d) the person nominated by the Barbuda Council after
consultation with the Prime Minister;

(e) one person nominated jointly by the organizations
referred to in paragraphs 03, (g) and (A) of section
2(2).

ANTIGUA 6 The National Economic and No. 18 of 2004.
AND Social Council Act, 2004.

BARBUDA

Functions of the 10. (1) The Executive Committee shall-
executive
committee.

(a) manage the secretariat of the Council and serve as
its administrative agency;

(5) organize and arrange all the activities of the Council
as well as the committees established by the Council
under section 12.

(c) coordinate the activities of the various committees
of the Council;

(cl) perform other functions as the Council may from
time to time direct.

Secretariat and 11. (1) There shall be a Secretariat of the Council which shall
staff of the perform such functions as the Council may from time to time
Council. determine.

(2) There shall be an Executive Director appointed by the
Executive Committee after consultation with the Prime Miinister
and on such terms and conditions as the Cabinet may determine.

(3) The Executive Director shall be the Chief Executive Officer
of the Council who shall perform his functions at the direction of
the Executive Committee.

(4) The Executive Committee shall appoint the staff of the
secretariat on such terms and conditions as the Executive
Committee may determine.

(5) For the purposes of carrying out is functions under this
Act, the Executive Committee may appoint such consultants as
it considers necessary.

Committees o f 12. (1) The Council may establish from among the members
the Council. of the Council the following committees -

(a) Investment Promotion;

(b) Strategic Regional and International Issues;

(c) Environmental Protection and Disasters;

No. 18 of 2004. The National Economic and 7 ANTIGUA
Social Council Act, 2004. AND

BARBUDA

(d) Population Demographics and Immigration;

(e) National Productivity;

0 Democracy and Good Governance;

(g) Education and Employment Assesments;

(h) Labour and Industrial Relations; and

(i) such other committees as the Council may from time
to time determine.

(2) The Council may, from time to time, submit reports to
relevant ministries, departments and statutory bodies on -

(a) Public Finance and Monetary policy;

(b) Tourism and related Industries;

(c) Agriculture and Fisheries;

(d) Labour and Human Resources Development;

(e) Trade and Industry; and

If) Environment and such other matters of national
interest as may be requested by the Council, the
Cabinet, the Leader of the Opposition or any
Statutory Authority.

(3) Each committee established under subsection (1) shall
consist of not more than eight (8) members.

(4) The chairman and the deputy chairman of a conunittee
shall be appointed by the Council from among the members of a
committee.

(5) A committee shall conduct its business in accordance
with rules approved by the Council.

(6) At any meeting of a committee, a majority of the members
including the chairman or in his absence the deputy chairman
shall constitute a quorum.

ANTIGUA
AND

BARBUDA

Financial
provisions.

Borrowing
power of the
Council.

Audit of
accounts.

Annual Report.

8 The National Economic and No. 18 of 2004.
Social Council Act, 2004.

13. (1) The Funds and resources for the performance of the
functions of the Council shall be appropriated each year by
Parliament.

(2) The Council shall be entitled to raise and receive monies
from private and public bodies; provided hat such monies are
maintained in a separate bank account kept for the purpose and
accounted for separately in books of the Council.

(3) The Executive Committee shall prepare an annual budget
for the financing of its activities by the 3 1 st of August each year
for the approval of the Minister of Finance.

(4) The Director shall ensure that proper records and books
of account of the administration of the Council, consistent with
generally accepted accounting practice, are kept in such manner
and form as is necessary in order, that at all times, the records
and books shall fairly reflect the position of the Council.

14. (1) The Council may with the approval of the Minister of
Finance borrow monies required by it for the purpose of
performing its functions under this Act.

(2) The Cabinet may approve the amount to be borrowed, the
source of the borrowing, the terms on which the borrowing may
be effected and such approval may be either general or limited to
the particular borrowing and may be either conditional or
unconditional.

15. (1) The accounts of the Council shall be audited annually
by an auditor appointed by the Council, after consultation with
the Director of Audit.

(2) The auditor shall submit a copy of his audit report to the
Director of Audit who may, at any time consult with the auditor
regarding the financial affairs of the Council and if he is not
satisfied after such consultation, may report to the Minister of
Finance the nature of his dissatisfaction.

16. (1) The Council shall prepare in respect of each financial
year a report of its activities, including a balance sheet and
income and expenditure account and the report of the auditor
on the accounts and shall submit such report to the Prime
Minister, not later than three months after the end of the
financial year.

No. 18 of 2004. The National Economic and 9 ANTIGUA
Social Council Act, 2004. AND

BARBUDA

(2) The Prime Minister shall, as soon as practicable, lay the
report before the House of Representatives.

17. The Prime Minister may, on the recommen&tion of the Regulations.
Council, make regulations for the better carrying out of ihq
provisions of this Act.

Passed the House of Rkpresentatives this Passed the Senate this 28th
27th day of October, 2004. day of October, 2004.

D. Giselle Isaac-Arrindell, Dr. Edmond A Mansoor,
Speaker. President.

y*Henry, y-Hemy,
Acting Clerk to the House of Representatives. Acting Clerk to the Senate.

Printed at the Govcmmcnt Printing OiEce, Antigua and Barbuda
by Walter A. M d i Government Printer

-By Authority, 22004.
800-1204 [Rice $4.00)