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{
    "id": 404167,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/404167/?format=api",
    "text_counter": 11,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "procedure set out in section 205 of the said Act. By that procedure, all draft regulations require the approval of both Houses of Parliament before they take effect. Hon. Senators, the Draft Public Finance Management (Uwezo Fund) Regulations, 2013 were, in accordance with Section 205 of the Public Finance Management Act approved, with amendments, by the National Assembly at its afternoon sitting of Wednesday, 20th November, 2013. Pursuant to section 205 of the Act, the process of approval by Parliament is not yet concluded. The draft regulations, as approved by the National Assembly, now require the approval of the Senate. In terms of the procedure set out in Standing Order 41(1) and (2) of the National Assembly Standing Orders, the National Assembly is expected to refer the draft regulations to the Senate by way of a Message from the National Assembly to the Senate seeking the concurrence of the Senate to the draft regulations as approved by the National Assembly. The Senate would then dispose of the Message from the National Assembly in the manner set out in Standing Order 40(3), (4), (5) and (6) of the Senate Standing Orders. The Message of the National Assembly on the draft regulations would be considered by the Senate on a Motion to concur with the resolution of the National Assembly on the draft regulations. Where the Senate concurs with the National Assembly, the draft regulations would be due for transmission to the Cabinet Secretary for publication of the regulations in terms of section 205(1) of the Public Finance Management Act. However, where the Senate does not concur with the National Assembly, the resolution of the Senate would be transmitted to the National Assembly by a Message from the Senate to the National Assembly in terms of standing order 40(1) and (2) of the Senate Standing Orders seeking the concurrence of the Assembly with the resolution of the Senate on the draft Regulations. The Assembly would then consider the Message of the Senate in terms of standing order 41(3), (4), (5) and (6) of the National Assembly Standing Orders on a Motion to concur with the resolution of the Senate. If the Assembly does not concur with the Senate, the matter would then be referred to mediation in the manner provided for under Article 113 of the Constitution. Hon. Senators, I trust that the Regulations having been approved by the National Assembly, the concurrence of the Senate will now be sought and the draft Regulations would proceed to be disposed of in the manner in which I have detailed. I already have the confirmation from the Speaker of the National Assembly that that will be done. However, it is important to observe that any Regulations made otherwise than in the manner set out in section 205 of the Public Finance Management Act would be inconsistent with the law and therefore null and void. Additionally, any such Regulations may also be challenged as having been made ultra-vires, outside of the ambit of the powers given to the Cabinet Secretary under the Act. I thank you."
}