Ghana Act or statute

Parliament of Ghana

National Commission on Small Arms and Light Weapons Act, 2007 ACT 736 (Revised Edition)

accountsallowancesannual reportsappointmentsarms controlboard disclosureboard governanceboard meetingsboard membershipbooks of accountcommission establishmentcommission fundingcommittee governanceconflict of interestcorporate capacitydefinitionsfinancial yeargovernancemeeting procedureoffice tenureorganizational structureproperty acquisitionpublic administrationquorumrecordsregulatory complianceregulatory cooperationreportingstaffingvoting

Jurisdiction: Ghana
Structure: 18 provisions
Citation: Act 736
Dates: Undated source snapshot

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Purpose and legislative effect

“This section establishes the National Commission on Small Arms and Light Weapons and gives it corporate capacity.”

This section establishes the National Commission on Small Arms and Light Weapons and gives it corporate capacity. The Commission must handle matters on small arms and light weapons and carry out listed functions such as action programmes, public education, compliance support, advice to the Minister, and review of police reports. The Minister responsible for the Interior has responsibility for the Commission, may issue written policy directives, and the Commission must comply. The President appoints the Commission’s members, and must consider their knowledge, expertise, and experience. Board members (except the Executive Secretary) serve for up to two years, may resign in writing, and can be removed or replaced in specified situations.

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Establishment of the Commission

This section establishes the National Commission on Small Arms and Light Weapons and gives it corporate capacity.

Section 1

Tenure of office of members of the Board

Board members (except the Executive Secretary) serve for up to two years, may resign in writing, and can be removed or replaced in specified situations.

Section 5

Regional and District Officers of the Commission

The Commission may create regional and other offices, must staff regional and district offices as determined by the Board, and those offices must be supplied with public officers appointed by the President.

Section 10

Funds of the Commission

The Commission’s funds consist of money approved by Parliament, donations, grants and gifts, and other money approved by the Minister responsible for Finance.

Section 14

Interpretation

This section defines several terms used in the Act, including Board, Convention, Economic Community, light weapons, Minister, other related materials, and small arms.

Section 18

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Showing 18 of 18 provisions

Provision 17Interpretation

§ 1Establishment of the CommissionProvision

This section establishes the National Commission on Small Arms and Light Weapons and gives it corporate capacity.

Section 1—Establishment of the Commission (1) There is established by this Act a National Commission On Small Arms and Light Weapons referred to in this Act as the Commission. (2) The Commission is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Commission may for the performance of its functions acquire and hold movable and immovable property and may enter into contract or any other transaction. (4) Where there is hindrance to the acquisition of property, the property may be acquired for the Commission under the State Property and Contracts Act, 1960 (C.A. 6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Commission.

Section 1Verify source

§ 2Object and functions of the CommissionProvision

The Commission must handle matters on small arms and light weapons and carry out listed functions such as action programmes, public education, compliance support, advice to the Minister, and review of police reports.

Section 2—Object and functions of the Commission (1) The object of the Commission is to deal with matters relating to small arms and light weapons and other related materials. (2) To achieve the object, the Commission shall (a) set in place programmes of action to prevent, combat and eradicate the illicit trade in small arms and light weapons; 3 (b) educate and sensitise the public and provide information on the dangers of small arms and light weapons in order to discourage their production; (c) ensure that obligations under the Economic Community of West African States are complied with; (d) advise the Minister on the formulation of policies and strategies as contained in the Convention on Small Arms and Light Weapons and any other relevant inaternational [sic] conventions to which Ghana is a party or has acceded to; (e) receive and study periodic reports from the Ghana Police Service on the registration and licencing [sic] of arms; and (f) perform any other functions related to the object of the Commission.

Section 2Verify source

§ 3Ministerial responsibility and directives of the MinisterProvision

The Minister responsible for the Interior has responsibility for the Commission, may issue written policy directives, and the Commission must comply.

Section 3—Ministerial responsibility and directives of the Minister (1) The Minister responsible for the Interior has ministerial responsibility for the Commission. (2) The Minister may give general directives in writing on matters of policy and the Commission shall comply with the directives.

Section 3Verify source

§ 4Governing body of the CommissionProvision

The President appoints the Commission’s members, and must consider their knowledge, expertise, and experience.

Section 4—Governing body of the Commission (1) The governing body of the Commission is a Board consisting of (a) the chairperson, (b) two representative of the Ghana Armed Forces not below the rank of colonel, or its equivalent one of whom shall be from Defence Intelligence, (c) one representative of the Ministry of Foreign Affairs not below the rank of Deputy Director, (d) one representative of the Ministry of the Interior not below the rank of Deputy Director, (e) one representative of the Attorney-General's Office not below the level of Principal State Attorney, (f) one representative from Civil Society, (g) one representative of the National Security Council, (h) two police officers from the Police Service, one of whom shall be from the Criminal Investigations Department, (i) one representative of the Immigration Service not below the rank of Deputy Director, (j) one representative of the Customs, Excise and Preventive Service not below the rank of Deputy Commissioner, (k) the Executive Secretary of the Commission and (l) two other persons one of whom is nominated by the President. (2) The members of the Commission shall be appointed by the President in accordance with article 70 of the Constitution. 4 (3) The President shall, in making appointments under this section, have regard to the knowledge, expertise and experience of the persons and in particular their knowledge in matters relevant to the functions of the Commission.

Section 4Verify source

§ 5Tenure of office of members of the BoardProvision

Board members (except the Executive Secretary) serve for up to two years, may resign in writing, and can be removed or replaced in specified situations.

Section 5—Tenure of office of Members of the Board (1) A member other than Executive Secretary of the Board shall hold office for a period not exceeding two years and is eligible for re-appointment. (2) Where a member of the Board, resigns, dies, is removed from office or is for a sufficient reason unable to act as a member, the Minister shall notify the President of the vacancy and the President shall, acting on the advice of the nominating authority and in consultation with the Council of State, appoint another person to hold office for the unexpired portion of the members term of office. (3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister. (4) A member of the Board who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (5) The President may by letter addressed to a member revoke the appointment of that member.

Section 5Verify source

§ 6Meetings of the BoardProvision

This section sets rules for Board meetings, including how often they must meet, who convenes special meetings, quorum, who presides, how decisions are made, and who may vote.

Section 6—Meetings of the Board (1) The Board shall meet at least once every two months for the despatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one-third of the membership of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is eight members including the chairperson or the person acting in that capacity. (4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present shall preside. (5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for a decision at the meeting. (7) Subject to this section, the Board may determine the procedure for its meetings.

Section 6Verify source

§ 7Disclosure of interestProvision

Board members with a conflict of interest must disclose it to the Board and may be barred from taking part in deliberations unless the meeting allows it.

Section 7—Disclosure of interest (1) A member of the Board who has an interest in a contract proposed to be made with the Commission or a matter for discussion by the Board shall disclose the nature of the interest to the Board and is, unless the meeting otherwise directs, disqualified from participating in the deliberations on that contract or matter. 5 (2) A member who fails to disclose that member's interest under section (1) ceases to be a member.

Section 7Verify source

§ 8Establishment of CommitteesProvision

The Board may establish committees made up of Board members, non-members, or both.

Section 8—Establishment of committees The Board may establish committees consisting of members of the Board or non-members or both to perform a function.

Section 8Verify source

§ 9AllowancesProvision

Board members and committee members must be paid allowances approved by the Minister, after consultation with the Minister responsible for Finance.

Section 9—Allowances Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.

Section 9Verify source

§ 10Regional and District Officers of the CommissionProvision

Section 10—Regional and district offices of the Commission (1) The Commission may have Regional Offices and any other offices as the Board may consider reasonable. (2) The Commission shall have as many officers and staff in the regions and districts as the Board may determine for the proper and effective performance of its functions. (3) A regional or district office of the Commission shall be provided with public officers that the President shall appoint in accordance with article 195 of the Constitution. (4) A regional or district office of the Commission shall perform the functions of the Commission in the region or district as the Board may direct.

Section 10Verify source

§ 11Executive SecretaryProvision

The President must appoint an Executive Secretary with administrative or managerial experience, and the Executive Secretary must head the Commission’s secretariat and serve as secretary to the Board.

Section 11—Executive Secretary (1) There shall be a secretariat of the Commission which shall be headed by the Executive Secretary. (2) The President shall, in accordance with article 195 of the Constitution, appoint a person with administrative or managerial experience as the Executive Secretary of the Commission. (3) The Executive Secretary shall hold office on the terms and conditions specified in the letter of appointment. (4) The Executive Secretary shall be the secretary to the Board.

Section 11Verify source

§ 12Appointment of other staffProvision

The President must appoint staff for the Commission when needed, the Commission may hire advisers on the Board’s recommendation, and other public officers may be transferred, seconded, or otherwise assist the Commission.

Section 12—Appointment of other staff (1) The President shall in accordance with article 195 of the Constitution appoint other staff of the Commission that are necessary for the proper and effective performance of its functions. (2) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to it. (3) The Commission may engage the services of advisers on the recommendations of the Board.

Section 12Verify source

§ 13CollaborationProvision

The Commission must work with security agencies and other relevant stakeholders, and the Inspector-General of Police must send the Commission quarterly activity returns about arms and ammunition registration and licensing.

Section 13—Collaboration (1) The Commission shall collaborate with the Security Agencies and other relevant stakeholders as regards its object and functions. 6 (2) The Inspector-General of Police shall provide the Commission with quarterly returns of activities on the registration and licensing of arms and ammunition.

Section 13Verify source

§ 14Funds of the CommissionProvision

The Commission’s funds consist of money approved by Parliament, donations, grants and gifts, and other money approved by the Minister responsible for Finance.

Section 14—Funds of the Commission The funds of the Commission include (a) moneys approved by Parliament, (b) donations, grants and gifts, and (c) any other moneys that are approved by the Minister responsible for Finance.

Section 14Verify source

§ 15Accounts and auditProvision

The Board must keep proper accounting records, submit the Commission’s accounts to the Auditor-General within three months after the financial year ends, and the Auditor-General must audit them and send the audit report to the Minister within three months of receiving the accounts.

Section 15—Accounts and audit (1) The Board shall keep books of account and proper records in relation to them in the form approved by the Auditor-General. (2) The Board shall submit the accounts of the Commission to the Auditor-General for audit within three months after the end of the financial year. (3) The Auditor-General shall not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister. (4) The financial year of the Commission shall be the same as the financial year of the Government.

Section 15Verify source

§ 16Annual report and other reportsProvision

The Board must send an annual report to the Minister within one month after receiving the audit report, and the Minister must then send it to Parliament within one month after receiving it.

Section 16—Annual report and other reports (1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Commission for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other reports which the Minister may require in writing.

Section 16Verify source

§ 17RegulationsProvision

The Minister may, on the Board’s advice, make regulations by legislative instrument for matters needed to implement the Act.

Section 17—Regulations The Minister may on the advice of the Board by legislative instrument make Regulations to provide for any other matter necessary for the effective implementation of the provisions of the Act.

Section 17Verify source

§ 18InterpretationInterpretation

This section defines several terms used in the Act, including Board, Convention, Economic Community, light weapons, Minister, other related materials, and small arms.

Section 18—Interpretation In this Act unless the context otherwise requires: "Board" means governing board of the Commission; "Convention" means the Economic Community of West African States Convention on Small Arms and Light Weapons; "Economic Community" means Economic Community of West African States; 7 "light weapons" means portable arms designed to be used by several persons working together in a team and which includes (a) heavy machine guns, (b) portable grenade launchers, mobile or mounted, (c) portable anti-aircraft cannons, (d) portable anti-tank missile launchers or rocket launchers, (e) portable anti-tank cannons, non-recoil guns, (f) portable anti-aircraft missile launchers; and (g) mortars with a caliber of less than 100 millimeters. "Minister" means the Minister responsible for the Interior; "other related materials" means the components, parts or replacement parts of a firearm that are essential to the operation of the firearm; "small arms" means arms used by one person and which includes (a) firearms and other destructiove [sic] arms or devices such as exploding bomb, an incendiary bomb or a gas bomb, a grenade, a rocket launcher, a missile, a missile system; (b) revolvers and pistols with automatic loading; (c) rifles and carbines; (d) machine guns; (e) assault rifles; and (f) light machine guns used by one person. Date of Gazette Notification: 24th May, 2007.

Section 18Verify source

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2 referenced instruments

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2 instruments

Board by legislative instrument make Regulations
Section 17
Commission (1) There is established by this Act
Section 1

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