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Falekaupule (Amendment) Act 2018

TUVALU

FALEKAUPULE (AMENDMENT) ACT 2018

Act No 7 of 2018

AN ACT TO AMEND THE FALEKAUPULE ACT 1999

Commencement [28th November, 2018]

1 Short Title

This Act may be cited as the Falekaupule (Amendment) Act 2018.

2 Amendments to section 99

(1) Section 99 (1) is amended by inserting the bolded words below to read:

"Subject to section 101, every Kaupule shall have, in accordance with this Part appointed persons to the following permanent offices –;

(2) Section 99 (4) is amended by deleting the phrase ", in consultation with each Falekaupule".

3 Amendments to section 101

(1) Section 101 (1) is amended by replacing subsection (1) in its entirety with the following:

"(1) The Minister shall approve appointments for any person as an officer under section 99(1) of the Act".

(2) Subsection 101(2) and subsection 101(3) are repealed in their entirety.

4 Amendment to section 107(1)

Section 107(1) is amended by inserting between "Kaupule" and "may" the following words in consultation with the "Minister" to read:

"(1) In accordance with any relevant Staff Guidelines, the Pule o Kaupule in consultation with the Minister may interdict any officer or employee of the Kaupule from the duties and emoluments of his office or employment on the grounds of incapacity, neglect of duty or misconduct, pending a decision of the Kaupule as to the removal of the officer or employee.".

5 Amendment to section 108 (2)

Section 108 (2) is amended by replace the following words "Kaupule, but subject to the express approval of the Falekaupule" with "Minister" to read:

"(2) Where no relevant Staff Guidelines have been issued in respect of any office or employment of a Kaupule, the salary, allowances and other emoulments of the post shall be determined by the Minister after consultation with the Falekaupule".