Development of Policy, Legal, and Insitutional Framework for - ppiaf

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Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report 45. Promulgation of regulations First Schedule Second Schedule Part I – Preliminary Preamble An Act to provide for the establishment of a body to be known as the PPP Development Agency and to define its functions, to provide for the legal, regulatory and institutional framework for the development of public-private partnerships in Malawi and to provide for matters connected with or incidental to the foregoing. Recitals WHEREAS the Government of Malawi recognizes the urgent need for adequate and sustainable infrastructure as a prerequisite to Malawi’s private sector led economic development and acknowledges its inadequate capacity to provide such infrastructure by itself; AND WHEREAS in order to accelerate the development of the required infrastructure, the Government deems it necessary to take comprehensive measures to create an investment climate that will promote its provision by the private sector on the basis of fair business principles; AND WHEREAS in order to encourage and facilitate collaboration between the Government and the private sector in the provision and operation of the said infrastructure, it is necessary to protect and secure the interest of consumers, community, and the private sector operators in a fair manner; AND WHEREAS the Government of Malawi considers it desirable to establish a favourable legislative framework to promote and facilitate the development and implementation of privately financed infrastructure projects by enhancing transparency, fairness, and long-term sustainability and removing undesirable restrictions on private sector participation in infrastructure development and operation; THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 108
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report BE IT THEREFORE ENACTED by the Parliament of Malawi as follows – PART I PRELIMINARY Short Title 1. This Act may be cited as the Public-private Partnership Development Act, 2007 Interpretations 2 (1) In this Act, unless the context otherwise requires - ‘‘Agency’’ means the Public-private Partnership Development Agency or PPP Development Agency established by Section 3; ‘‘appropriate Minister’’ means any Minister of the Government— (a) on whom functions stand conferred, or (b) who has general responsibility, in respect of or in connection with a public-private partnership; “bank” has the meaning ascribed thereto in the Banking Act; ‘‘Board’’ means the Board of the Agency; “Chairperson” means the chairperson of the Agency appointed under Section 9; ‘‘company’’ means a company within the meaning of Section 2 of the Companies Act, 1984; “concessionaire” means a person that carries out an infrastructure project under a concession contract with a Government Authority; ‘‘confidential information’’ in relation to Section 59 includes— (a) information that is designated by the Board or the Minister to be confidential either as regards particular information or as regards information of a particular class or description, (b) commercial information in relation to contractors, consultants, providers of finance or any other person, and (c) proposals of a commercial nature or tenders submitted to the Agency by contractors, consultants or any other person. “consultant” means any person engaged by the Agency to undertake any work of a specialized nature connected with the work of the Agency and includes banks, public accountants, lawyers and valuers; ‘‘construction’’ includes building, refurbishment, maintenance, repair, improvement, demolition, extension and replacement; ‘‘direct agreement’’ has the meaning given to it by Section 4(1)(c); THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 109
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31 March 2007 Mr. Constantine Chiko
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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