Public Sector Employment and Management Act 2002 No 43
Historical version for 1 November 2011 to 30 November 2011 (accessed 28 January 2015 at 12:21) Repealed version
Chapter 7Part 7.1

Part 7.1 State Contracts Control Board

135   Establishment of Board

(1)  There is established by this Act a State Contracts Control Board (referred to in this Part as the Board).
(2)  The Board represents, and is an agency of, the Crown.

136   Functions of Board

(1)  The Board has the functions conferred or imposed on it by this Act and the regulations under this Act, or by or under any other Act.
(2)  The Board has power to do all things necessary or convenient to be done for, or in connection with, the exercise of its functions.

137   Membership and procedure of Board

(1)  The Board is to consist of the following members:
(a)  a person appointed by the Minister as the Chairperson of the Board,
(b)  at least 3 other persons appointed by the Minister to represent public sector agencies that use goods and services supplied in accordance with this Chapter and the regulations made under it.
(2)  The regulations may make provision for or with respect to the membership and procedure of the Board.

138   Ministerial control

(1)  The Minister may give the members of the Board written directions as to the exercise of the Board’s functions.
(2)  Any such direction may apply generally or to a particular matter and, without limiting subsection (1), may set out a particular policy to be carried out by the Board.
(3)  The Board must ensure that it complies with any such direction.
(4)  A copy of any direction given by the Minister under this section is to be included in the Board’s annual report.

139   Subcommittees of Board

(1)  The Board may establish subcommittees to assist the Board in connection with the exercise of any of its functions.
(2)  It does not matter that some or all of the members of a subcommittee are not members of the Board.
(3)  The procedure for calling meetings of a subcommittee and for the conduct of those meetings is to be as determined by the Board or (subject to any determination of the Board) by the subcommittee.

140   Staff and consultants

(1)  The Chairperson of the Board may arrange for the use of Public Service or other public sector staff and facilities to assist the Board in the exercise of its functions.
(2)  The Chairperson of the Board may engage consultants for the purpose of getting expert advice for the Board in connection with the supply or disposal of goods and services.

141   Delegation of functions of Board

(1)  The Board may delegate to an authorised person any of the functions of the Board, other than this power of delegation.
(1A)  A delegate may subdelegate to an authorised person any function delegated under this section if the delegate is authorised by the terms of the delegation to do so.
(2)  In this section, authorised person means a member of the Board, a subcommittee of the Board, a member of staff of a Division of the Government Service, a statutory body, a statutory officer or any other person or body of persons approved by the Minister.

142   Annual report of Board

(1)  The Board must, on or before 31 October in each year, prepare and present to the Minister a report of its work and activities for the year ending on the preceding 30 June.
(2)  The report may be included in any annual report of the Department for which the Minister is responsible.
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