Establishment of statutory corporations by regulation
35 Establishment of statutory corporations by regulation
The
Governor may, by regulation, establish a body as a statutory corporation under this Act.
Regulations establishing a statutory corporation—
must name the statutory corporation; and
must provide for the constitution of a board of management as the statutory corporation's governing body; and
must specify the functions of the statutory corporation; and
may provide for the powers of the statutory corporation and may limit the powers of the statutory corporation; and
may make other provisions (not inconsistent with this Act) that are necessary or expedient for the purposes of the statutory corporation or that are contemplated by Schedule 1.
A statutory corporation established under this section—
is a body corporate; and
subject to a limitation imposed by regulation, has all the powers of a natural person together with the powers specifically conferred on it by or under this Act; and
is subject to the control and direction of the Minister, other than where the statutory corporation is—
making a recommendation to the Minister; or
providing advice to the Minister.
The
Governor may, by regulation—
alter the name of a statutory corporation; or
vary the constitution of the board of management of a statutory corporation; or
alter the functions of a statutory corporation; or
alter or limit the powers of a statutory corporation; or
may make other provisions (not inconsistent with this Act) that in the opinion of the Governor are necessary or expedient for the purposes of a statutory corporation or that are contemplated by Schedule 1.
Without limiting a preceding subsection, the regulations may, in providing for the constitution of a board of management of a statutory corporation, make provision with respect to—
how a member of the board is appointed or selected; and
the term of office of a member of the board; and
the appointment of a presiding member; and
the appointment or selection of deputies; and
the grounds on which a member may be removed from office, and how an office becomes vacant.
The
Governor may, by regulation—
dissolve a statutory corporation established under this section; and
transfer any assets, rights or liabilities of a statutory corporation dissolved under this provision (either as a whole or in separate parcels specified by regulation)—
to the Minister; or
to another statutory corporation; or
to the Crown, or to another agency or instrumentality of the Crown; or
with the agreement of the person or body—to a person or body that is not an agency or instrumentality of the Crown; and
make other provisions that in the opinion of the Governor are necessary or expedient in connection with the dissolution of the statutory corporation.
If a regulation establishing a statutory corporation under this section is disallowed by either House of Parliament, the assets, rights and liabilities of the statutory corporation become the assets, rights and liabilities of the Minister.
Schedule 1 contains other provisions that are relevant to a statutory corporation established under this section.
This Act’s bill:Second reading speech
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