Act 13 2021 - Act 13 - Enterprise Seychelles Agency (Amendment) Act 2021

[20th April 2021] Supplement to Official Gazette 385 ENTERPRISE SEYCHELLES AGENCY (AMENDMENT) ACT, 2021 (Act 13 of 2021) ARRANGEMENT OF SECTIONS Sections 1. Short title 2. Amendment of section 2 of Act 3 of 2018 3. Repeal of sections 6 to 16 4. Amendment of section 17 5. Amendment of section 18 6. Amendment of section 19 7. Amendment of section 20 8. Amendment of section 21 9. Amendment of marginal heading of section 23 10. Amendment of section 24 [20th April 2021] Supplement to Official Gazette 387 ENTERPRISE SEYCHELLES AGENCY (AMENDMENT) ACT, 2021 (Act 13 of 2021) I assent Wavel Ramkalawan President 16th April, 2021 AN ACT to amend the Enterprise Seychelles Agency Act, 2018 (Act 3 of 2018). ENACTED by the President and the National Assembly. Short title 1. This Act may be cited as the Enterprise Seychelles Agency (Amendment) Act, 2021. 388 Supplement to Official Gazette [20th April 2021] Amendment of section 2 of Act 3 of 2018 2. Section 2 of the Enterprise Seychelles Agency Act, 2018 (Act 3 of 2018) (hereinafter referred to as the “principal Act”) is amended by repealing the definitions of “Board”, and “member”. Repeal of sections 6 to 16 3. The principal Act is amended by repealing sections 6 to 16 (both inclusive). Amendment of section 17 4. Section 17 of the principal Act is amended — (i) in subsection (1), by repealing the words “the Board”, and substituting therefor the words “the Minister”; (ii) by repealing subsection (2), and substituting therefor the following subsection — “(2) A person shall not be appointed as the Chief Executive Officer or hold office as such, if he or she — (a) is not ordinarily resident in Seychelles; (b) has been adjudged or declared insolvent or bankrupt and has not been discharged; (c) has been convicted in Seychelles, within the period of five years immediately preceding the date of his or her proposed appointment, in respect of an offence and sentenced to a term of imprisonment without the option of a fine, whether or not, any portion has been suspended, or the person has received a free pardon; (d) has been guilty of improper conduct or guilty of conduct that is prejudicial to the interest or reputation of the Agency; [20th April 2021] Supplement to Official Gazette 389 (e) has failed to comply with any condition of his or her appointment; or (f) is mentally or physically incapable of efficiently discharging his or her functions as a Chief Executive Officer.”; (iii) by repealing subsection (4); (iv) in subsection (5), by repealing the words “the Board” wherever they appear, and substituting therefor the words “the Minister”, respectively; (v) in subsection (7), by repealing the words “the Board”, and substituting therefor the words “the Minister”; Amendment of section 18 5. Section 18 (1) of the principal Act is amended, by repealing the words “the Board”, and substituting therefor the words “the Minister”; Amendment of section 19 6. Section 19 of the principal Act is amended — (a) in subsection (1), by repealing the words “the Board”, and substituting therefor the words “the Minister”; (b) in subsection (2), by repealing the words “the Board”, and substituting therefor the words “the Minister”; Amendment of section 20 7. Section 20 (2) of the principal Act is amended — (a) in paragraph (b), by repealing the words “members of the Board and”; (b) in paragraph (c), by repealing the words “the Board”, and substituting therefor the words “the Minister”; 390 Supplement to Official Gazette [20th April 2021] Amendment of section 21 8. Section 21 of the principal Act is amended by repealing subsection (3); Amendment of marginal heading of section 23 9. Section 23 of the principal Act is amended by repealing, in the marginal heading, the word “Board”, and substituting therefor the word “Agency”; Amendment of section 24 10. Section 24 of the principal Act is amended — (a) in subsection (1), by repealing the words “Members of the Board and the”; (b) in subsection (2), by repealing the words “any member of the Board”; I certify that this is a correct copy of the Bill which was passed by the National Assembly on 13th April, 2021. Mrs. Tania Isaac Clerk to the National Assembly