The Preamble States That It An Act Of Parliament To Provide For The Participation Of The Private Sector In The Financing, Construction, Development, Operation, Or Maintenance Of Infrastructure Or Development Projects Of The Government Through Concession Or Other Contractual Arrangements; The Establishment Of The Institutions To Regulate, Monitor And Supervise The Implementation Of Project Agreements On Infrastructure Or Development Projects And For Connected Purposes.
The Act Applies To Every Contract For The Financing, Construction, Operation, Equipping Or Maintenance Of A Project Or For The Provision Of Public Services Undertaken As A Public Private Partnership (s.3).
This is an arrangement between a contracting authority and a private party under which a private party—
There is established a Committee known as the Public Private Partnership Committee that consists of:
Terms and Conditions of service
Members of the Committee shall be paid such allowances as the Cabinet Secretary and the Salaries and Remuneration Commission will determine (s.5).
Vacation of office of member
The Office for members appointed under section 4 (1) (g) shall be vacant if:
Investigations and recommendations shall be done before the removal of a member under Subsection (1) (f) (s.6 (2)).
The functions of the Committee are to:
Powers of the Committee
The Committee has powers necessary for the proper discharge of its functions, specifically:
Delegation by the Committee
The Committee may establish such subcommittees as it may consider necessary for exercise of its powers under the Act (s.9).
Conduct of affairs of the business of the Committee
The business and affairs of the Committee shall be conducted in accordance with the First Schedule; in other instances the Committee may regulate its own procedure (s.10).
Public private partnerships unit
The public Private Partnerships Unit is established within the department responsible for Finance.
Composition of the Unit
The unit shall consist of: a Director; and such other staff as considered necessary for the performance of the functions of the unit (s.12).
Vacation of office of Director and members of the unit
The office of the Director and members of the unit shall become vacant if:
The Committee shall request the unit to investigate the circumstances of a proposed removal and make recommendations before a member is removed from office (s.13 (2)).
The functions of the unit are to:
In performance of its functions, the unit shall:
The unit is responsible for preparing financial accounts (s.14 (3)).
The Cabinet Secretary shall make rules for the administrative and financial framework of the unit (s.15).
Establishment of a node
A contracting authority that intends to partner with a private party shall establish a public private partnership node (s.16 (1)).
Functions of a node
A node shall, on behalf of the contracting authority:
In performing its functions under subsection (1), a node shall report to the unit and shall; implement the recommendations and guidelines and submit such information as required by the unit/Debt Management Office (s.17 (2))
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