SOLOMON ISLANDS

CONSTITUENCY DEVELOPMENT FUNDS ACT 2023

(No. 19 of 2023)

PASSED by the National Parliament this 22th day of December 2023.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true and correct copy of the Bill)

David Kusilifu
Clerk to National Parliament

ASSENTED to in His Majesty’s name and on His Majesty’s behalf this 29th day of December 2023.

Sir David Vunagi
Governor-General 

Date of Commencement: see section 2.

AN ACT TO STRENGTHEN GOOD GOVERNANCE, AND TO PROVIDE FOR IMPROVED AND EFFECTIVE DELIVERY MECHANISMS OF THE CONSTITUENCY DEVELOPMENT FUNDS TO CONSTITUENCIES, AND RELATED MATTERS.

ENACTED BY THE NATIONAL PARLIAMENT OF SOLOMON ISLANDS.

CONSTITUENCY DEVELOPMENT FUNDS act 2023

PART 1	PRELIMINARY MATTERS
1	Short title
2	Commencement
3	Definitions
4	Application of Act
5	Act binds the Crown

PART 2	PURPOSE AND PRINCIPLES OF ACT
6	Purpose of the Act
7	Principles of the Act

PART 3	SOURCE OF FUNDS AND ADMINISTRATION OF THE CONTITUENCY ESTABLISHMENT
8	Source of funds
9	Constituency Development Office
10	Constituency Development Officer
11	Constituency Project Officer
12	Constituency Accountant Officer
13	Constituency Development Committee
14	Powers of the Constituency Development Committee
15	Meetings of the Constituency Development Committee
16	Process after the receipt of a project application for funding
17	Direct employees
18	Constituency Development Growth Centres

PART 4	FINANCIAL, BUDGETARY, PLANNING AND ACCOUNTABILITY REQUIREMENTS
19	Recipients of Constituency Development Funds
20	Coordination of funds intended for the constituency
21	Constituency development plan
22	Constituency account
23	Constituency assets
24	Registry for public resources
25	Allocations
26	Utilisations
27	Applications
28	Procurement
29	Reports
30	External and internal audit
31	Misconduct in office
32	Offences and penalties
33	Specific offences
34	Investigations
35	Protection from liability
36	Administering of constituency

PART 5	IMPLEMENTATION, SUPERVISION, AND COORDINATION OF CONSTITUENCY PROJECTS
37	Implementation, supervision and coordination of constituency projects

PART 6	MISCELLANEOUS PROVISIONS
38	Repeal of Constituency Development Funds Act 2013
39	Regulations

CONSTITUENCY DEVELOPMENT FUNDS ACT 2023
PART 1	PRELIMINARY MATTERS
1	Short title
This Act may be cited as the Constituency Development Funds Act 2023.
2	Commencement
This Act commences on a date appointed by the Minister by notice in the Gazette.
3	Definitions
In this Act, unless the context otherwise requires:
“constituency” or “constituencies” are the constituencies referred to under section 54 of the Constitution of Solomon Islands;
“Constituency Accountant Officer” is the Constituency Accountant Officer appointed under section 12; 
“Constituency Development Committee” is the Committee established under section 13;
“Constituency Development Funds” means the funds referred to under section 8;
“Constituency Development Officer” is the Constituency Development Officer appointed under section 10;
“Constituency Member of Parliament” means the Member of Parliament of a constituency;
“Constituency Project Officer” is the Constituency Project Officer appointed under section 11;
“direct employee” is a direct employee employed under section 17;
“line Ministries” means the Government Ministries;

“Minister” means the Government Minister responsible for the Constituency Development Funds;
“Ministry” means the ministry to which responsibility for the management of the Constituency Development Funds has been assigned;
“public officer” is as defined in section 144 of the Constitution of Solomon Islands.
4	Application of Act
	(1)	This Act does not apply in relation to conduct that occurred before this Act commenced. 
	(2)	Without limiting subsection (1), investigations in section 34 do not apply in relation to conduct that occurred before this Act commenced.
5	Act binds the Crown
This Act binds the Crown.
PART 2	PURPOSE AND PRINCIPLES OF ACT
6	Purpose of the Act
The purposes of this Act are:
(a)	to strengthen good governance; and
(b)	to ensure improved and effective delivery mechanisms of the Constituency Development Funds; and 
(c)	to promote equal and inclusive participation of all Solomon Islanders in development.
7	Principles of the Act
In achieving the purposes in section 6, the following principles apply:
(a)	The Ministry shall ensure that transparency, accountability, responsibility and respect for the rule of law and traditional values are maintained for the welfare of Solomon Islanders; and

(b)	The Members of Parliament, responsible officers and committees shall ensure that: 
(i)	the systems and procedures adopted in the administration, coordination and management of constituency development are responsive, disciplined, inclusive, non-corrupt and proactive in dealing with the people’s welfare; and
(ii)	public confidence is maintained.
PART 3	SOURCE OF FUNDS AND ADMINISTRATION OF THE CONTITUENCY ESTABLISHMENT
8	Source of funds
	(1)	The Constituency Development Funds to be delivered by the Constituency Development Office for the purpose of achieving the development objectives set out in the constituency development plan in section 21 shall comprise of:
(a)	the Constituency Development Funds appropriated by Parliament from the Consolidated Fund to the Ministry under the Appropriation Act; and 
(b)	the grants received from development partners and paid through the Ministry intended for constituency development.
	(2)	For the avoidance of doubt all funds under line Ministries intended for constituency development shall be administered by the respective line Ministries. 
	(3)	A bilateral partner, international intergovernmental agency, non- government organisation or a foreign independent nation which intends to support activities towards the development of a constituency, must provide in writing to the Constituency Development Committee, information on the nature and type of activities it intends to support.
	(4)	The information required under subsection (3) include: 
(a)	the nature of the activities being supported; and 
(b)	whether the activities align with the policy priorities of the Government of the day; and
(c)	how the support avoids the duplication of duties, responsibilities and activities to prevent wastage of funds in the name of development.
9	Constituency Development Office 
	(1)	There shall be Constituency Development Offices established for all constituencies.
	(2)	A Constituency Development Office:
(a)	shall be located in the Constituency Development Growth Centres of a constituency; and
(b)	a constituency without a Constituency Development Growth Centre shall have its Constituency Development Office located where appropriate.
	(3)	The establishment of the Constituency Development Office is the responsibility of each constituency through the appropriated funds under the Constituency Development Funds. 
	(4)	A Constituency Development Office and its officers are responsible for:
(a)	managing the Constituency Development Office; and
(b)	the coordination, administration and the day to day management of the constituency development programs.
	(5)	Notwithstanding other sections of this Act, a constituency is only eligible to receive funding if it has at least a Constituency Development Officer (section 10) and a Constituency Accountant Officer (section 12) and a Constituency Development Committee (section 13).
10	Constituency Development Officer
	(1)	The Public Service Commission, in consultation with the Constituency Member of Parliament and the Accountant General, shall appoint a Constituency Development Officer on merit basis. 
	(2)	A Constituency Development Officer shall be a contracted public officer. 
	(3)	The Constituency Development Officer shall:
(a)	act in accordance with directions issued by the Ministry; and 
(b)	assist in the implementation of the policies and programmes of the Government with respect to the usage and disbursement of funds; and 
(c)	enter into agreements with potential recipients of the funds that promote the purposes of the fund in Part 2 of this Act and in compliance with sections 78 and 79 of the Public Financial Management Act 2013; and 
(d)	maintain proper registers, accounts and other documentation as required by the Ministry; and 
(e)	ensure that the accounting procedures as prescribed by the Permanent Secretary, Ministry of Finance and Treasury are adhered to; and 
(f)	do all such other acts as may be necessary for the due exercise, discharge and performance of the functions of Constituency Development Officer; and 
(g)	exercise delegated powers of the Permanent Secretary of the Ministry in all matters of financial management, good governance and prudential discharge of the management responsibilities required under the Public Financial Management Act 2013 and this Act; and 
(h)	compile a constituency development plan and profile for submission to the office of the Constituency Member of Parliament; and

(i)	abide by the Leadership Code (Further Provisions) Act 1999 and its Regulations. 
	(4)	In addition to the roles and functions outlined in subsection (3), the Constituency Development Officer:
(a)	is the principal advisor of the Constituency Member of Parliament in the constituency and coordinates the implementation of projects and programs under the constituency development plan; and 
(b)	in cooperation with the Constituency Member of Parliament be responsible for supervising the implementation of the constituency development plan at the project level by providing an ongoing analysis as to the appropriateness of development activities undertaken and realigning them with the development plan; and 
(c)	in consultation with the Constituency Member of Parliament be responsible for translating the constituency development plan into implementable tasks and projects and in consultation with the people of the constituency make recommendations to the Constituency Development Committee.
	(5)	The Constituency Development Officer shall exercise delegated powers and functions, and provide financial and other information in matters that the Permanent Secretary of the Ministry is required to do or report on. 
11	Constituency Project Officer
	(1)	The Public Service Commission, in consultation with the Constituency Member of Parliament shall appoint a Constituency Project Officer on merit basis.
	(2)	The Constituency Project Officer shall be a contracted public officer.
	(3)	To ensure that the development needs of the constituency are properly heard on funding purposes under the Constituency Development Funds, the Constituency Project Officer must:
(a)	in consultation with the Constituency Development Officer:

(i)	be responsible for assisting the communities to identify and appraise community needs; and 
(ii)	formulate projects and programs; and 
(iii)	liaise with line Ministries, and development partners and other funding agencies for the funding of these projects and programs; and
(b)	assist the Constituency Development Officer in:
(i)	providing an ongoing analysis as to the appropriateness of development activities undertaken; and 
(ii)	realigning them with the development plan; and
(c)	assist the office of the Constituency Member of Parliament in the formulation of the constituency annual budget; and
(d)	carry out activities as requested by the Constituency Member of Parliament.
	(4)	The Constituency Project Officer shall be based primarily in the constituency. 
12	Constituency Accountant Officer
	(1)	The Public Service Commission, in consultation with the Accountant General and Constituency Member of Parliament, shall appoint a Constituency Accountant Officer on merit basis.
	(2)	A Constituency Accountant Officer shall be a contracted public officer.
	(3)	The Constituency Accountant Officer is responsible for the proper management of constituency funds and in performing this responsibility the Constituency Accountant Officer must: 
(a)	ensure that all project funds are utilised for the purpose approved; 
(b)	ensure that all payments are supported by proper accounting documentation;

(c)	assist the Constituency Development Committee during its deliberations on the budget and all matters relating to constituency finances;
(d)	assist the people in the constituency to identify the costs of community projects for submission to funding agencies;
(e)	assist the office of the Constituency Member of Parliament in the formulation of the constituency annual budget; and
(f)	compile the constituency annual financial reports and acquittal for submission to the office of the Constituency Member of Parliament.
13	Constituency Development Committee
	(1)	A constituency must establish a Constituency Development Committee to assist with the disbursement of funds.
	(2)	A Constituency Development Committee consists of not less than five members, appointed by the Permanent Secretary of the Ministry in consultation with the Constituency Member of Parliament; and at least two of the five members must be female.
	(3)	The members of the Constituency Development Committee shall be entitled to appropriate level of remuneration approved by the Permanent Secretary of the Ministry. 
	(4)	The Constituency Development Committee is responsible for:
(a)	the coordination of the constituency development programs; and 
(b)	the consideration and approval of the annual budget of the constituency; and
(c)	the general management of the Constituency Development Funds under the direct supervision of the Ministry in consultation with the Constituency Member of Parliament; and 
(d)	the coordination, monitoring, and supervision of the implementation of approved projects; and 
(e)	developing the constituency development plan; and
(f)	public relations and community interactions.
14	Powers of the Constituency Development Committee
	(1)	The Constituency Development Committee shall have all the powers necessary to implement the Solomon Islands Constituency Development Policy of the government as outlined in the constituency development plan approved by the Minister. 
	(2)	The Constituency Development Committee has the following powers:
(a)	to recommend to the Constituency Member of Parliament to set up “special sub-committees or taskforces”:
(i)	from among its members or outside its membership; and
(ii)	to carry out special tasks including but not limited to land access earmarked for development by the constituency; and
(iii)	subject to its specific terms of reference, a sub-committee or taskforce under paragraph (a) dissolves after it submits its report to the Constituency Development Committee with a copy to the Constituency Member of Parliament; and 
(b)	to take on its own initiative any emergency measures which may be necessary in consultation with the Constituency Member of Parliament; and 
(c)	to undertake any special tasks, which the Constituency Member of Parliament may delegate to the Committee in writing; and
(d)	in consultation with the Constituency Member of Parliament may when it deems necessary, review the number of office holders in the Constituency Development Committee, and other sub-committees and taskforces established under this Act to determine the number of memberships.

15	Meetings of the Constituency Development Committee
	(1)	The Committee shall meet at least three times in a fiscal year and whenever it is deemed necessary by the Permanent Secretary or the Chairperson of the Committee. 
	(2)	The Constituency Member of Parliament shall be the Chairperson of the Committee and during its first meeting, the Committee shall elect a Secretary of the Committee who shall be responsible for the operations of the Committee. 
	(3)	If the Constituency Member of Parliament is absent or is unable to attend a meeting of the Constituency Development Committee, the Constituency Member of Parliament may delegate the chairpersonship in writing to a member of the Committee, who shall chair the committee in the absence of the Constituency Member of Parliament. 
	(4)	The quorum for the meetings is a simple majority of members of the Constituency Development Committee.
	(5)	If a member of the Committee fails to attend meetings on three (3) consecutive occasions without good cause, that member is deemed to have relinquished their membership of the Committee.
	(6)	Every member of the Committee shall be entitled to one vote on every question and in the event of a tie, the Chairperson or other member presiding at the meeting shall have a second or the casting vote.
	(7)	The Chairperson may request the attendance of other persons, which in the opinion of the Chair can assist the Committee in providing information to make an informed decision on any agenda items.
	(8)	For the avoidance of doubt the Constituency Development Officer, the Constituency Project Officer, and any other public officers who may be requested to attend the Committee by the Chairperson under subsection (7), shall have no voting right in any business of the Committee. 
	(9)	The minutes of all meetings shall be sent to the office of the Constituency Member of Parliament.

16	Process after the receipt of a project application for funding
The Constituency Development Committee shall be guided by the processes prescribed by the Minister in:
(a)	receiving a project application for project funding; and 
(b)	the approval of an application; and 
(c)	the release of project funds: and
(d)	for the management and coordination of the project implementation.
17	Direct employees 
	(1)	The Constituency Development Committee, in writing, may request the Permanent Secretary to directly appoint employees, and the request letter must be accompanied by the following relating to the directly appointed employee: 
(a)	endorsement letter from the Constituency Member of Parliament; 
(b)	a Terms of Reference and draft contract; 
(c)	a police clearance certificate; and 
(d)	a medical report. 
	(2)	A direct employee’s terms of employment with the Constituency Development Committee is to be governed by an employment contract, 	and any other terms as may be provided by regulations. 
	(3)	The remuneration of a direct employee shall be paid from an annual allocation in the constituency budget, approved by the Constituency Development Committee. 
18	Constituency Development Growth Centres 
	(1)	There shall be Constituency Development Growth Centres established in constituencies to manage and coordinate the participation of the rural people in development.

	(2)	At a minimum, a Constituency Development Growth Centre may consist of:
(a)	a constituency administration office; and
(b)	where resources permit, infrastructure to support the Constituency Development Growth Centre.  
	(3)	An existing government substation or provincial town located within a constituency may serve as a Constituency Development Growth Centre. 
	(4)	The Constituency Development Growth Centres are the responsibilities of the Ministry.
	(5)	The site of a Constituency Development Growth Centre shall be the property of the national government through compulsory acquisition under the Land and Titles Act (Cap. 133).
	(6)	A Constituency Development Growth Centre shall have an administrator who shall be:
(a)	a public officer appointed by the Public Service Commission and posted under the ministry; and 
(b)	responsible for the administration and management of the Centre.
	(7)	The Constituency Officers shall be stationed in their respective Constituency Development Growth Centres upon establishment.
	(8)	For the purpose of effective implementation of the approved development plan of the constituency, the Ministry will apply to the Public Service through the line Ministry to deploy public officers to the Constituency Development Growth Centres.

PART 4	FINANCIAL, BUDGETARY, PLANNING AND ACCOUNTABILITY REQUIREMENTS
19	Recipients of Constituency Development Funds
	(1)	The Constituency Development Funds may be allocated for development purposes to individuals, group projects or community projects.
	(2)	In allocating funds pursuant to subsection (1), the Constituency Development Committee shall have regard to ensuring inclusivity, gender equality and people with special needs.
	(3)	For the purposes of this section, an agreement with a recipient of Constituency Development Funds shall be in the prescribed form. 
	(4)	In subsection (2), “people with special needs” means people who are physically and, or are mentally impaired.
20	Coordination of funds intended for the constituency
	(1)	A development agency other than a Provincial Government, who wishes to undertake any development activities within the constituency, must notify the Constituency Development Committee of any planned activities. 
	(2)	The notification required under subsection (1) must include the following information:
(a)	the nature of the development to be undertaken; 
(b)	the location of the development in the constituency; 
(c)	the level of funding committed to the development; 
(d)	the source of funding for the development; and
(e)	any other information that is considered necessary by the Constituency Member of Parliament to get a better appreciation of the proposed development activities. 

21	Constituency development plan
	(1)	Each constituency shall prepare a constituency development plan in the prescribed form for the disbursement of Constituency Development Funds. 
	(2)	Each constituency development plan in subsection (1) must be:
(a)	in accordance with the policies and strategies of the Ministry; 
(b)	formulated in compliance with the processes prescribed by the Minister; 
(c)	submitted to the Ministry for approval; and
(d)	the prioritisation, selection, appraisal, endorsing and approval of projects to be funded will be guided by the constituency development plan.
	(3)	In assessing a constituency development plan, the Constituency Development Committee must take account of the existence of development programs pursued in the constituency by donor, development agencies and Government line Ministries.
22	Constituency account
	(1)	Each constituency shall set up a constituency bank account which:
(a)	shall contain the words “SIG Development Fund Account”; and 
(b)	shall be approved in writing by the Minister of Finance and Treasury for the purposes of operating the Constituency Development Funds; and
(c)	the Treasury Division of the Ministry of Finance and Treasury shall enter the bank account of each constituency into the register of government bank accounts.
	(2)	The signatories to the constituency account:
(a)	shall be:
(i)	the Constituency Development Officer; 
(ii)	the Constituency Accountant Officer; and 
(iii)	a public servant appointed by the Constituency Member of Parliament following the prescribed appointment process; and
(b)	shall only sign cheque slips in the presence of the Constituency Member of Parliament; and
(c)	can only withdraw or transfer from the account with an express authorisation from the Constituency Member of Parliament; and
(d)	must not operate the constituency account for private or personal purposes.
	(3)	The constituency cheque book shall be in the physical possession of the Constituency Member of Parliament. 
	(4)	The Constituency Member of Parliament shall not expressly authorise withdrawals or transfers from the Account to personally benefit the Constituency Member of Parliament. 
23	Constituency assets
	(1)	The assets acquired for the purposes of the Constituency Development Funds shall remain the property of the Government, and such assets are inclusive of:
(a)	moveable assets including vessels, vehicles, machineries; and 
(b)	disposable assets including computers; and 
(c)	physical infrastructures including buildings; and
(d)	enterprises set up through public and private partnerships on behalf of, or, in the name of the constituency, by the Ministry to benefit the constituency.
	(2)	The assets in subsection (1) shall be disposed pursuant to the prescribed procedures under section 75(c) of the Public Financial Management Act 2013.
	(3)	A person who uses the constituency assets referred to in this section is required to do so responsibly.
24	Registry for public resources
	(1)	The Constituency Development Officer shall maintain a registry of all public resources of the Constituency Development Office which include computers, furniture, fittings and large machines bought by public fund for the purposes of this Act.
	(2)	The Constituency Development Officer shall exercise care and record all public stores and property and comply with the prescribed procedures in the Public Financial Management Act 2013.
	(3)	A person who uses public resources referred to in this section is required to do so responsibly.
25	Allocations 
The allocation of funds from the Constituency Development Funds shall be by way of grants and projects.
26	Utilisations
	(1)	The funds provided to the Ministry shall be apportioned for utilisation fairly and equitably in a transparent and accountable manner.
	(2)	The apportionment for utilisation in subsection (1) is as follows.
(a)	productive and resource sectors - 40%;
(b)	essential services - 20%; 
(c)	cross-sectoral/inclusivity/gender - 20%;
(d)	social and cultural obligations - 20%.
	(3)	The activities permitted for the utilisation apportioned in subsection (2)(d), are limited to: 
(a)	medical assistance;
(b)	repatriation of deceased; 
(c)	natural disaster relief payments; 
(d)	religious activities and community events;
(e)	women and youth activities; and 
(f)	support for physically impaired people.
27	Applications
	(1)	An application for funds shall:
(a)	be in the form prescribed by the Minister; and 
(b)	shall bear the endorsement of the Constituency Member of Parliament of the particular constituency.
	(2)	An application under this section must meet the requirements prescribed by the Minister.
28	Procurement
	(1)	The conduct of procurement of goods and services under the Constituency Development Funds shall:
(a)	be in compliance with sections 73 and 74 of the Public Financial Management Act 2013; and
(b)	in the prudent spending and use of public resources, be in accordance with prescribed procedures under this Act; and 
(c)	take into consideration the remoteness and dispersion of the constituencies in the Solomon Islands.
	(2)	The Constituency Development Officer and the Ministry shall:
(a)	ensure that the prescribed procurement procedures in this Act and its subsidiary regulations are fully complied with; and 
(b)	ensure that the goods have been shipped to the constituencies before making any payment to the suppliers of those goods.
	(3)	The Ministry shall work collaboratively with the internal auditor in the Ministry of Finance and Treasury in ensuring that the goods and services provided by suppliers are according to the prescribed procurement processes under the Public Financial Management Act 2013.
29	Reports
	(1)	The Constituency Development Officer shall prepare an annual report of the operation of the Constituency Development Funds in the constituency under prescribed content and format by the end of February of the following year, or at such time determined by the Permanent Secretary. 
	(2)	The annual report shall be in the prescribed form and include the following:
(a)	a report on the compliance of the constituency to the requirements of this Act; 
(b)	the use of Constituency Development Funds by sectors; and
(c)	the list of recipients of the fund by sectors.
	(3)	The annual report:
(a)	shall be presented to the Ministry before the end of March of the following year, or at such date as determined by the Permanent Secretary; and 
(b)	be tabled by the Minister in Parliament in the next sitting; and 
(c)	be disseminated to the public in the most appropriate manner; and 
(d)	be made available to the constituencies’ Annual Conferences organised by the constituency offices and funded by the Ministry.
30	External and internal audit
	(1)	The Constituency Development Funds is subject to audit by the Auditor General and audit by the Internal Audit Office under the Public Financial Management Act 2013.
	(2)	The Permanent Secretary in consultation with the Permanent Secretary of Finance and Treasury determines the regularity of the internal audit of the Constituency Development Funds.

	(3)	The officers authorised by the Director of Internal Audit to undertake the audit shall have the right stipulated by section 20 of the Public Financial Management Act 2013. 
31	Misconduct in office 
The public officer managing the Constituency Development Funds is subject to section 84 of the Public Financial Management Act 2013. 
32	Offences and penalties
	(1)	A person who misappropriates any funds or assets from the Constituency Development Funds, or assists or causes any person 
		to misappropriate or apply the funds otherwise than in the manner provided in this Act and Regulations, commits an offence.
Maximum penalty:	100,000 penalty units or imprisonment for 5 years, or both.
	(2)	A person who misuses or damages any assets in section 23, or any of the public resources in section 24, or assists or causes any person to use the assets or the public resources otherwise than in the manner provided in this Act and Regulations, commits an offence.  
Maximum penalty:	100,000 penalty units or imprisonment for 5 years, or both. 
33	Specific offences
	(1)	A Member of Parliament, or a public officer, or a fund recipient commits an offence if he or she: 
(a)	misappropriates any funds or assets from the Fund; or
(b)	advances materials and cash from a supplier without prior approval from the responsible Ministry; or
(c)	fraudulently converts project assets or materials to his own use or to the use of some other person; or
(d)	deliberately victimises non-voters by excluding them from receiving Constituency Development Funds projects and funds without justifiable grounds; or
(e)	assists or causes a person to misappropriate or apply the funds otherwise than in the manner provided in this Act and Regulations. 
Maximum penalty:	For a Member of Parliament - 100,000 penalty units or 5 years imprisonment, or both. 
	For a public officer - 50,000 penalty units or 3 years imprisonment, or both.
	For a fund recipient - 5,000 penalty units or 3 years imprisonment, or both.
34	Investigations
	(1)	The Ministry and the Ministry of Finance and Treasury may cause an investigation to be carried out in respect of any constituency where there is reason to believe:
(a)	that there has been a breach of sections 84 and 85 of the Public Financial Management Act 2013; 
(b)	that the constituency is mismanaging public funds; and
(c)	that a complaint has been made by a potential recipient or group of such recipients to investigate a member of the constituency that warrants an investigation.
	(2)	The investigator authorised to undertake the investigation in subsection (1) shall: 
(a)	be allowed to enter any premises or place where the development is being carried out including the constituency development office at reasonable hours; and
(b)	be allowed to inspect the books, accounts and files of the constituency development office.
	(3)	The results of the investigation shall be submitted to the Constituency Development Office for a response.
	(4)	The final report shall be provided to the Permanent Secretary and the Permanent Secretary of the Ministry of Finance and Treasury who shall either collectively or individually take the necessary actions including submitting the report to the police and other relevant authorities.
35	Protection from liability 
A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith, in the exercise of a power or performance of a function under this Act.
36	Administering of constituency
Where a Constituency Member of Parliament vacates his or her seat under section 50 of the Constitution:
(a)	the Ministry shall administer the constituency and the Constituency Development Funds until a new Member of Parliament is elected; and
(b)	each constituency and all its set ups shall be under a caretaker mode.
PART 5	IMPLEMENTATION, SUPERVISION, AND COORDINATION OF CONSTITUENCY PROJECTS
37	Implementation, supervision and coordination of constituency projects
	(1)	The Constituency Development Office and the Constituency Development Committee shall manage, supervise and coordinate the implementation of all approved constituency projects.
	(2)	For the purpose of facilitating the effective identification and coordination of development needs, implementation of approved projects, and managing hardship relating to project implementation, the Constituency Development Committee shall establish sub-committees in the ward level as they see fit according to section 14(2)(a) of this Act. 
PART 6	MISCELLANEOUS PROVISIONS
38	Repeal of Constituency Development Funds Act 2013
The Constituency Development Funds Act 2013 is repealed.
39	Regulations
	(1)	The Minister may make regulations as appears to him to be necessary or expedient for carrying out the objects and provisions of this Act into effect, including for the following matters:
(a)	the organisation, management, and conduct of meetings of committees, special sub-committees and taskforces established under this Act; 
(b)	the receiving and approval of project applications, the release of funding and management and coordination of project implementation by the Constituency Development Committee;
(c)	the formulation, proper control, management and implementation of the constituency budget;
(d)	the employment of direct employees for a Constituency Development Committee;
(e)	any other matters which the Minister considers necessary to regulate under this Act, to give effect to the Act.
	(2)	The Minister may prescribe the processes, structure and content of the forms, and all other matters required to be prescribed under this Act.