Board Legal Responsibilities

Under the Public Authorities Law , 2017 Section 16, a board shall have the following specific responsibilities -

(a) to exercise leadership, enterprise, integrity and good judgment in directing a public authority so as to act in the best interest of the public authority, and in so doing, act in a manner based on transparency, accountability and responsibility;

(b) to determine the strategy to achieve the purpose of the public authority as determined by a strategic plan;
to implement the Public Service Values of the public authority in order to ensure the survival and viability of the authority;

(c) to implement the Public Service Values of the public authority in order to ensure the survival and viability of the authority;

(d) to ensure that procedures and practices are in place that protect the public authority’s assets and reputation;

(e) to monitor and evaluate the implementation of strategies, policies, management performance and business plans;

(f) to ensure that the public authority complies with all relevant laws, regulations and codes of best practice;

(g) to ensure that the public authority communicates openly, proactively and transparently with chief officers, Ministers, Members of the Cabinet and other key stakeholders;

(h) to ensure that all official communications between the public authority and chief officers, Ministers and members of Cabinet are in writing;

(i) to identify the public authority’s internal and external stakeholders and to agree to a policy on how the authority should communicate with them;

(j) to regularly review processes and procedures to ensure the effectiveness of the public authority’s internal systems of control in order to ensure that its decision-making capability and the accuracy of its reporting and financial results are maintained at high levels at all times;

(k) to regularly assess the board’s own performance and effectiveness as a whole, and that of individual members and the chief executive officer;

(l) to appoint the chief executive officer and to ensure that there is adequate training for management and employees and a succession plan for senior management;

(m)  to ensure that all technology and systems used in the public authority are adequate to properly operate the business of the authority;

(n)  to identify key risk areas and key performance indicators of the authority’s performance and to monitor these factors;

(o)  to ensure that audited financial statements are submitted to the relevant ministry or portfolio in the timeframe specified in the Public Management and Finance Law (2013 Revision);

(p)  to ensure there is a proper framework for procurement established by the public authority that is in line with the Public Finance Management Law (2013 Revision) or any other procurement legislation; and

(q)  to comply with general and lawful written instructions of the Cabinet regarding the performance of its duties and functions.

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