The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

Public Accounts Committee

69.—(1) There shall be a Public Accounts Committee which shall consist of—

(a) a chairman and one other member appointed by the Governor, acting after consultation with the Elected Members of the Legislative Council, from among persons who are not Members of the Council; and

(b) three Elected Members of the Legislative Council, who shall be elected by the Council by a majority of the votes of all its Elected Members.

(2) A person may be appointed or elected under subsection (1) for any period not exceeding four years.

(3) A member of the Public Accounts Committee shall vacate his or her seat on the Committee—

(a) at the expiration of the period for which he or she was appointed or elected;

(b) if he or she resigns office by writing under his or her hand addressed to the Governor;

(c) in the case of an appointed member, if he or she becomes a Member of the Legislative Council or if he or she is removed by the Governor, acting after consultation with the Elected Members of the Council; or

(d) in the case of an elected member, if he or she ceases to be a Member of the Legislative Council or if he or she is removed by resolution of the Council.

(4) If in respect of any item of business before the Public Accounts Committee the Governor, acting after consultation with the chairman of the Committee, considers that a member of the Committee has a conflict of interests, the Governor, acting after consultation with the Elected Members of the Legislative Council, may appoint another person temporarily to replace that member of the Committee for the purpose of dealing with the business in question; and a member so replaced shall not sit on the Committee when the Committee is dealing with that business.

(5) The Public Accounts Committee may invite any person to assist it in its work and to participate in its proceedings.

(6) The Public Accounts Committee shall examine and report to the Legislative Council on—

(a) the annual statement of accounts as audited by the Chief Auditor and laid before the Council; and

(b) such management letters and reports of the Chief Auditor as have been laid before the Council or as the Chief Auditor has brought to the attention of the Council;

and shall have such other functions, and shall operate under such procedures, as may be prescribed by Ordinance or by Standing Orders of the Council.

(7) The Public Accounts Committee shall have power—

(a) to summon any person to appear before it; and

(b) subject to the provisions of any law, to require any person so summoned to answer questions and to provide information to the Committee.

(8) The Public Accounts Committee shall report to the Legislative Council by the date set by the Council or by its terms of reference, whichever is the earlier; and except as otherwise provided in the Committee’s terms of reference, such a report may be with or without recommendations.

(9) If the Legislative Council adopts a report of the Public Accounts Committee, and requests the responsible member of the Executive Council to advise the Legislative Council of the action proposed to be taken by the Government of St Helena in respect of the report, the member concerned shall convey the Government’s response to the Council not later than the first sitting day following the expiration of six weeks after the date of the Council’s request, unless the Council extends the time for the response.

(10) In the exercise of its functions, the Public Accounts Committee shall act independently and shall not be subject to the direction or control of the Governor, the Executive Council or any other person or authority.