Ghana Act or statute

Parliament of Ghana

Millennium Development Authority (Amendment) Act, 2015 (Act 897)

accountabilityauthority administrationbank accountsboard compositionboard membership termscompactdefinitionseconomic growthfunding accountinggovernancegovernment fundinggrants and creditsinfrastructure managementinstitutional frameworkparliamentary approvalpoverty reductionprocurement complianceprogram implementationprogrammes and projectspublic financepublic fundspublic policyreappointmentreporting

Jurisdiction: Ghana
Structure: 14 provisions
Citation: Act 897
Dates: Undated source snapshot

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“This section amends the Act’s long title by replacing it with a new long title.”

This section amends the Act’s long title by replacing it with a new long title. This section amends Section 2 so it now covers overseeing and managing Millennium Challenge Account programmes and securing proper, effective use of funds granted to Ghana under each Compact and related agreement. This section amends Section 3 of the principal enactment by replacing paragraph (b) and paragraph (d). The Authority’s governing body is a Board with specified voting and non-voting members, and the President appoints the Board members. Section 8 is amended to require review of quarterly performance and to ensure accountability to stakeholders under the relevant Compact and agreements.

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Long title of Act 702 amended

This section amends the Act’s long title by replacing it with a new long title.

Section 1

Section 7 of Act 702 amended

The Authority’s governing body is a Board with specified voting and non-voting members, and the President appoints the Board members.

Section 4

Section 19 of Act 702 amended

The Authority’s funds come from listed sources, and the Board must open a bank account for those funds with the Finance Minister’s approval.

Section 8

Section 20A of Act 702 repealed

This section repeals Section 20A of the principal enactment.

Section 11

Section 26 of Act 702 amended

This provision amends Section 26 by replacing the definitions of “Compact Term” and “Compact” and deleting four other definitions.

Section 14

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Showing 14 of 14 provisions

Substitution 12Repeal 2

§ 1Long title of Act 702 amendedSubstitution

This section amends the Act’s long title by replacing it with a new long title.

Section 1—Long title of Act 702 amended The Millennium Development Authority Act, 2006 (Act 702) referred to in this Act as the “principal enactment” is amended by the substitution for the long title of “AN ACT to establish the Millennium Development Authority to oversee, manage and implement the Programmes under the Millennium Challenge Account for poverty reduction through economic growth as set out in each agreement between the Government of Ghana and the Millennium Challenge Corporation acting for and on behalf of the Government of the United States of America and for any other national development programme of a similar nature funded by the Government of Ghana, a Development Partner or both and to provide for related matters.”

Section 1Verify source

§ 2Section 2 of Act 702 amendedSubstitution

This section amends Section 2 so it now covers overseeing and managing Millennium Challenge Account programmes and securing proper, effective use of funds granted to Ghana under each Compact and related agreement.

Section 2—Section 2 of Act 702 amended Section 2 of the principal enactment is amended (a) by the substitution for paragraph (a) of “(a) to oversee and manage the implementation of the programmes under the Millennium Challenge Account;”; and (b) by the substitution for paragraph (b) of 3 “(b) to secure the proper and effective utilisation of funds granted to Ghana under each Compact and any other relevant agreement”.

Section 2Verify source

§ 3Section 3 of Act 702 amendedSubstitution

This section amends Section 3 of the principal enactment by replacing paragraph (b) and paragraph (d).

Section 3—Section 3 of Act 702 amended Section 3 of the principal enactment is amended (a) by the substitution for paragraph (b) of “(b) take the necessary steps to ensure the reduction of poverty through economic growth;”; and (b) by the substitution for paragraph (d) of “(d) provide programmes and projects as determined by the Board within the terms of the applicable agreement;”.

Section 3Verify source

§ 4Section 7 of Act 702 amendedSubstitution

The Authority’s governing body is a Board with specified voting and non-voting members, and the President appoints the Board members.

Section 4—Section 7 of Act 702 amended The principal enactment is amended by the substitution for section 7 of 7. “Governing body of the Authority (1) The governing body of the Authority is a Board composed of the following members: (a) not less than seven and not more than eleven voting members comprising (i) a chairperson; (ii) a Minister or a representative of the Minister each from a Ministry, Department or Agency the functions of which are of direct relevance to the objectives and functions of the Authority; (iii) the chief executive; (iv) one representative from the private sector elected by the Private Enterprise Foundation; (v) one representative elected by relevant non-governmental organisations; and (vi) one representative elected by the Association of Ghana Industries from the private sector; and (b) the following members without voting rights: (i) the representative of the Millennium Challenge Corporation during the term of each Compact or of the- relevant Development Partner; and (ii) any other person appointed to the Board during the term of each Compact with the agreement of the Government and the Millennium Challenge Corporation, or by the Government of Ghana, a Development Partner or both. (3) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. (4) A member of the Board without voting rights may attend and participate in meetings of the Board. 4

Section 4Verify source

§ 5Section 8 of Act 702 amendedSubstitution

Section 8 is amended to require review of quarterly performance and to ensure accountability to stakeholders under the relevant Compact and agreements.

Section 5—Section 8 of Act 702 amended Section 8 of the principal enactment is amended in subsection (2) (a) by the substitution for paragraph (b) of “(b) review the quarterly performance of the Authority including statement of account of moneys disbursed from the funds of the Authority;” ; and (b) by the substitution for paragraph (c) of “(c) ensure adequate accountability to the stakeholders in compliance with the terms of each Compact and any other relevant agreement;”.

Section 5Verify source

§ 6Section 9 of Act 702 amendedSubstitution

Board chairperson and voting members normally serve for five years, but the private sector representative serves for two and a half years and may be re-appointed once.

Section 6—Section 9 of Act 702 amended Section 9 of the principal enactment is amended by the substitution for subsection (1) of “(1) The chairperson and the other voting members of the Board shall hold office for a term of five years except that the representative from the private sector shall hold office for a period of two and a half years and is eligible for re-appointment for one term only.”.

Section 6Verify source

§ 7Section 16 of Act 702 amendedSubstitution

Section 16 is amended to require compliance with procurement practices and processes, and collaboration with the Ministry of Finance on accounting for funding under each Compact or related development partner agreement.

Section 7—Section 16 of Act 702 amended Section 16 of the principal enactment is amended (a) by the substitution for paragraph (d) of “(d) ensure that the procurement practices and processes are in compliance with each Compact or any other relevant agreement with a Development Partner;”; and (b) by the substitution for paragraph (e) of “(e) collaborate with the Ministry of Finance to account for all funding in accordance with the fiscal plan under each Compact or any other relevant agreement with a Development Partner;”

Section 7Verify source

§ 8Section 19 of Act 702 amendedSubstitution

The Authority’s funds come from listed sources, and the Board must open a bank account for those funds with the Finance Minister’s approval.

Section 8—Section 19 of Act 702 amended The principal enactment is amended by the substitution for section 19 of 19. “Funds of the Authority. (1) The funds of the Authority include (a) moneys granted to the Government of Ghana under each Compact; (b) grants, donations, gifts and any other voluntary contributions to the Authority; (c) moneys that may become lawfully payable to the Authority; and (d) any moneys that are approved by Parliament. (2) Subject to the funding rules under an agreement with a Development Partner, the Board shall, with the approval of the Minister responsible for Finance, open a bank account into which moneys received by the Authority shall be paid. 5 (3) Parliament shall approve such moneys as may be required of the Government under each Compact.”.

Section 8Verify source

§ 9Section 19 A of Act 702 repealedRepeal

This section repeals Section 19A of the principal enactment.

Section 9—Section 19 A of Act 702 repealed Section 19 A of the principal enactment is repealed.

Section 9Verify source

§ 10Section 20 of Act 702 amendedSubstitution

The Authority’s administration and management expenses must be paid from the Authority’s funds during each Compact Term, and afterwards from money approved by Parliament.

Section 10—Section 20 of Act 702 amended The principal enactment is amended by the substitution for section 20 of 20. “Expenses of the Authority The expenses for the administration and management of the Authority shall be paid from the funds of the Authority during each Compact Term and after that from moneys approved by Parliament.”.

Section 10Verify source

§ 11Section 20A of Act 702 repealedRepeal

This section repeals Section 20A of the principal enactment.

Section 11—Section 20A of Act 702 repealed Section 20A of the principal enactment is repealed.

Section 11Verify source

§ 12Section 21 of Act 702 amendedSubstitution

The Board must establish an accounting and internal audit mechanism for the Authority’s funds.

Section 12—Section 21 of Act 702 amended Section 21 of the principal enactment is amended by the substitution for subsection (1) of “(1) The Board shall establish an accounting and internal audit mechanism that achieves a transparent accountability of the funds of the Authority.”.

Section 12Verify source

§ 13Section 25 of Act 702 amendedSubstitution

Section 25 of Act 702 is amended by replacing paragraphs (f) and (g) in subsection (2).

Section 13—Section 25 of Act 702 amended Section 25 of the principal enactment is amended in subsection (2) (a) by the substitution for paragraph (f) of “(f) matters on the management of infrastructure constructed under each Compact Term or any other agreement with a Development Partner;”; and (b) by the substitution for paragraph (g) of “(g) for the provision of credits and grants from the funds of the Authority;”.

Section 13Verify source

§ 14Section 26 of Act 702 amendedSubstitution

This provision amends Section 26 by replacing the definitions of “Compact Term” and “Compact” and deleting four other definitions.

Section 14—Section 26 of Act 702 amended Section 26 of the principal enactment is amended (a) by the substitution for the definition of “Compact Term” of “ “Compact Term” means each five year period commencing from the date of entry of a Compact unless earlier terminated under the Compact ,”; (b) by the substitution for the definition of “Compact” of “ “Compact” means each Millennium Challenge Compact made between the United States of America, acting through the Millennium Challenge Corporation, a United States Corporation and the Government of the Republic of Ghana;”; and (c) by the deletion of the definitions of (i) “Fund”; 6 (ii) “intervention zone”; (iii) “MCC”; and (iv) “MCC Fund”. Date of Gazette Notification: 27th October, 2015.

Section 14Verify source

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