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Public Private Partnership (Amendment) Act, 2023 (Act No. 4 of 2023).

Type of law
Legislation
Source

Abstract
This Act amends the original legislation as follows: (i) Section 2 permits the implementation of strategic project agreements approved by the Cabinet, subject to review by the Attorney General; (ii) Section 3 introduces new definitions and revises existing ones; (iii) Section 4 broadens asset coverage to include immovable property, refines the prefeasibility study process for Public-Private Partnership (PPP) projects, sets review timelines, and streamlines submission through the PPP Centre and Steering Committee; (iv) Section 5 mandates the PPP Centre to analyze submitted prefeasibility studies, requests for proposals, evaluation reports, and PPP agreements within 30 working days; (v) Section 7B defines public funding; (vi) Section 15 allows the Minister to exempt a PPP project from competitive bidding if recommended by the Steering Committee and meeting urgent needs or exclusive rights criteria; (vii) the new Section 18A requires the private party to establish a special purpose vehicle before signing a PPP agreement, allowing a public entity as a minority shareholder under specific conditions; (viii) Section 22 replaces the previous dispute settlement provisions with a new section; (ix) Section 28A establishes that this Act takes precedence over any conflicting laws concerning the development, procurement, and implementation of public-private partnerships. Other amendments of lesser importance are included.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No