Comptroller and
Auditor General (Board of Governance) (Jersey) Order 2015
1 Interpretation
In this Order –
“2014 Law” means the Comptroller and Auditor General (Jersey)
Law 2014;
“Board” means the board established by Article 2(1);
“Chairman” means the Chairman of the Public Accounts
Committee.
2 Establishment
and constitution of Board of Governance of the office of Comptroller and
Auditor General
(1) There shall be a Board
of Governance of the office of Comptroller and Auditor General.
(2) The Board shall be
constituted by –
(a) no
fewer than 2 nor more than 4 members appointed by the States, one of
whom shall also be appointed by the States as chairman of the Board; and
(b) the
Comptroller and Auditor General, who is a member by virtue of his or her
office.[1]
(3) A proposition
recommending an individual for an appointment under paragraph (2)(a) must
be signed by the Chief Minister and the Chairman.
(4) The Chief Minister and
the Chairman must, in selecting an individual to be recommended for appointment
under paragraph (2)(a) –
(a) follow
guidelines produced by the Jersey Appointments Commission under Article 24
of the Employment of States of
Jersey Employees (Jersey) Law 2005; and
(b) take
into account any views and recommendations of the Jersey Appointments
Commission.
(5) An individual shall be
appointed under paragraph (2)(a) for a term of up to 5 years.[2]
(6) An individual cannot be
appointed under paragraph (2)(a) for terms aggregating more than
9 years.[3]
(7) An individual cannot be
appointed under paragraph (2)(a) if –
(a) he or
she is or, during the period of 5 years preceding the date of the
proposition recommending his or her appointment, has been, a States’ employee;
(b) he or
she is a member of the States; or
(c) he or
she is an officer of, employed by, or engaged under a contract for services by,
any States funded body (including any non-Ministerial States funded body) or
independently audited States body.
(8) Subject to this
Article, the terms and conditions of an appointment under paragraph (2)(a)
shall be agreed between the individual, the Chief Minister and the Chairman.
3 Cessation
of appointment of member
(1) This Article applies to
a member (including the chairman) appointed under Article 2(2)(a).
(2) The member’s
appointment shall cease –
(a) upon
the expiry of the period of 3 months following the day the member gives
the Chief Minister and the Chairman written notice of his or her resignation,
or such shorter period as the member, the Chief Minister and the Chairman
agree; or
(b) upon
the member taking up any office or employment, or being engaged under any
contract, referred to in Article 2(7).
(3) The States may revoke
the appointment of a member on a proposition signed by the Chief Minister and
the Chairman.
(4) A proposition under
paragraph (3) must allege one of the following grounds for revocation,
namely, that the member –
(a) has
not carried out the duties of the appointment in a competent manner;
(b) is
incapacitated either mentally or physically, from carrying out the duties of
the appointment;
(c) has
neglected to carry out all or any of the duties of the appointment;
(d) has
failed to comply with any term or condition or his or her appointment;
(e) has
indulged in dishonourable conduct; or
(f) has
been convicted of an offence and, by virtue of the conviction, has shown
himself or herself not to be a fit and proper person to continue in the
appointment.
3A [4]
4 Proceedings
and resources of the Board
(1) A meeting of the Board
is quorate if there are present the Comptroller and Auditor General and at
least 2 members appointed under Article 2(2)(a).
(2) If the chairman is
absent from a meeting, the members present shall elect one of their number (other
than the Comptroller and Auditor General) to chair the meeting.
(3) The States must ensure
that the Board is provided with sufficient resources to carry out its functions
under Article 5.
(4) The estimates of
expenditure by the Board must be included in the estimates of the Comptroller
and Auditor General provided under Article 24C of the Public Finances Law.
5 Functions
of the Board
(1) The Board shall keep
under review whether the Comptroller and Auditor General has used and is using
the resources provided to him or her under Article 9 of the 2014 Law
properly, efficiently and effectively.
(2) In discharging the
function described in paragraph (1) the Board shall –
(a) scrutinize
the use of the resources by, and the governance arrangements of, the Comptroller
and Auditor General; and
(b) report,
to the Chief Minister and the Chairman, any concern that the Board has
regarding the Comptroller and Auditor General’s use of the resources or
governance arrangements.
(3) The Board shall, when
consulted under Article 19(2) of the 2014 Law, advise the
Chairman upon the appointment of auditors to audit the accounts of the
Comptroller and Auditor General.
(4) The Board shall review
any estimate before it is provided, for the purposes of Article 24C of the
Public Finances Law, by the Comptroller and Auditor General to the Chairman.
(5) The Board may comment
upon any estimate reviewed under paragraph (4) and request that its
comment is included by the Comptroller and Auditor General in the estimate when
it is provided to the Chairman.
(6) The Board –
(a) shall
review the audited accounts of the Comptroller and Auditor General before a
copy of them is provided by the Comptroller and Auditor General to the Greffier
of the States under Article 19(3) of the 2014 Law; and
(b) may
request that its comments are included with the copy when it is so provided.
(7) The Board may, in the
discharge the function described in paragraph (1) –
(a) prepare
an assurance report upon the annual expenses of the Comptroller and Auditor General;
and
(b) request
that the report is included with the copy of the audited accounts provided
under Article 19(3) of the 2014 Law.
(8) Without prejudice to
the generality of the duty imposed by paragraphs (1) and (2)(a), the
Board –
(a) if
requested by the Comptroller and Auditor General, shall advise upon and
participate in, the recruitment of the most senior officer, employee or agent
of the Comptroller and Auditor General;
(b) shall
keep under review the remuneration of the most senior officer, employee or
agent of the Comptroller and Auditor General and may make recommendations
regarding such remuneration; and
(c) may
advise upon the terms and conditions of employment or engagement of the most
senior officer, employee or agent of the Comptroller and Auditor General.
6 Duties
of Comptroller and Auditor General in relation to the Board
(1) The Comptroller and
Auditor General shall submit estimates described in Article 5(4) to the
Board, for the purposes of the discharge of the Board’s function under that
paragraph.
(2) The Comptroller and
Auditor General shall comply with a request made under Article 5(5),
(6)(b) or (7)(b).
7 [5]
8 Citation
This Order may be cited as the Comptroller and Auditor General
(Board of Governance) (Jersey) Order 2015.