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 ‘‘Director General” means the chief executive officer of the Agency; ‘‘equity’’ means any financial interest resulting from the purchase of shares for a consideration; “financial institution” has the meaning ascribed thereto in the Banking Act; ‘‘functions’’ includes powers and duties, and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties; ‘‘Government Authority’’ means any of the persons and bodies outlined in the First Schedule; “immediate family member”, in relation to a person to whom Section 18 applies, means— (a) the person’s spouse, child, parent, brother, sister, grandchild, grandparent, or (b) a person with whom the person is cohabiting. ‘‘infrastructure facility” includes an existing asset or an asset to be provided under a public-private partnership arrangement and means physical facilities and systems that directly or indirectly provide services to the general public; “investor” means an individual, a company, an established fund, a mutual fund, a financial institution, or any other institution, entity or commercial venture whether local or foreign, and in any format of enterprise recognized by the Companies Act, intending to invest in infrastructure facility under a public-private partnership arrangement, but does not include the Government, a Local Authority or a public enterprise; ‘‘Local Authority’’ means a District Assembly, City Assembly, Town Assembly, or Municipal Assembly, for the purposes of the Local Government Act, 2001; ‘‘Minister’’ means the Minister for Finance; ‘‘operation’’ includes management and maintenance; ‘‘partner’’ has the meaning given to it by Section 4(1)(a); ‘‘public investment projects’’ includes projects involving public-private partnership arrangements; ‘‘public-private partnership arrangement’’ has the meaning given to it by Section 4(1); ‘‘Public Accounts Committee’’ means the Committee of Parliament of Malawi established under its Standing Orders and mandated to examine and report to the Parliament on the appropriation accounts and reports of the Auditor General; “Public Appointments Committee” means the Public Appointments Committee established under Section 56(7) of the Constitution; “public-private partnership” means a form of cooperation in which the Government partners with a private sector partner to build, expand, improve, or develop an THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 110
Development of Policy, Legal, & Institutional Framework for the PPP Program in Malawi Final Report enterprise in which each Government and the private sector partner contribute one or more of know-how, financial support, facilities, logistical support, operational management, investment or other input required for the successful deployment of a product or service, and for which each Government and the private sector partner is compensated in accordance with a pre-agreed plan, typically in relation to the risk assumed and the value of the result to be achieved; (2) In this Act— (a) a reference to a Section or Schedule is a reference to a Section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and (c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment. Part II – The PPP Agency Establishment of the Agency 3. (1) There is hereby established a body to be known as the Public-Private Partnership Development Agency which shall be a body corporate with perpetual succession and a common seal capable of suing and being sued in its corporate name, and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property and with power, subject to this Act, to do or perform all such acts and things as a body corporate may by law do or perform. (2) The Minister shall by Order published in the Gazette appoint a day to be the day on which this Act shall come into operation. Functions of a Government Authority 4. (1) Without prejudice to the functions of a Government Authority under any other enactment, a Government Authority may, either itself or in conjunction with any other person (including another Government Authority)— (a) enter into a public-private partnership arrangement with a person (in this Act referred to as a ‘‘partner’’) for the performance of functions of the Government Authority specified in the arrangement in relation to— THE INSTITUTE FOR PUBLIC-PRIVATE PARTNERSHIPS 111
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Development of Policy, Legal, and Insitutional Framework for - ppiaf

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