Act No. 123 / 2003 Coll.
Act amending Act No. 320 / 2001 Coll., on Financial Control in Public Administration and on the Amendment of Certain Laws (Act on Financial Control), as amended, and Act No. 309 / 2002 Coll., on Amendments to Laws relating to the Adoption of the Law on the Service of Civil Servants in Administrative Offices and on the Remuneration of These Workers and Other Servants in Administrative Offices (Staff Act)
Valid
Law
Effective from 05.05.2003
Text versions:
05.05.2003
123
THE LAW
of 2 April 2003
amending Act No. 320 / 2001 Coll., on Financial Control in Public Administration and amending certain laws (Act on Financial Control), as amended, and Act No. 309 / 2002 Coll., on the Amendment to the Act on the Service of Civil Servants in Administrative Offices and on the Remuneration of These Employees and Other Servants in Administrative Offices (Staff Act)
Parliament has decided on this law of the Czech Republic:
Amendment to the Financial Control Act
Act No. 320 / 2001 Coll., on Financial Control in Public Administration and on the amendment of certain laws (Act on Financial Control), as amended by Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. In Article 1 (3), the words, including footnote (2a), shall be inserted after the words "the Office ':" the control of the management of the property of a special character (2a);
2a) § 36 of Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 353 / 2001 Coll. '
2. in Article 2 (a), including footnotes 5, 6 and 7:
"(a) a public administration body of an organisational body of a State which is an entity under a special legislative provision, (5) a state contribution organisation, a state fund, a local authority, a city of the capital of Prague, a local authority or a city of the capital of Prague, and another legal entity set up to perform public administration tasks by a special legislature6) or a legal entity established under a special law governing public funds, 7)
5) Paragraph 1 (2) of Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 492 / 2000 Coll.
6) For example Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended, Act No. 111 / 1998 Coll., on universities and amending and supplementing other laws, as amended.
7) For example Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended. '
3. At the end of point (d) of Section 2, the words "in the municipality of the Mayor, in the statutory cities of the Mayor and in the capital of Prague, Director of the City of Prague," shall be added.
4. In Article 4 (2), "paragraph 1 (a) 'is replaced by" paragraph 1 (d)';
5. In Article 7, the following paragraph 3 is added:
"(3) For the armed forces, armed security forces and intelligence services, only the Ministry of Finance shall exercise public control; However, such public administrative control shall not apply to the management of assets of a special nature. 2a) '.
6. The following Section 9a is inserted after Section 9, including the title:
Scope of the region
(1) The counties process annual reports on the results of financial checks on municipalities in their territorial district, the capital of Prague processes annual reports on the results of financial checks on urban areas.
(2) The scope established by the regions and the capital city of Prague under paragraph 1 is the exercise of the delegation. "
7. In Article 11, the following paragraph 5 is added:
"(5) The results of the review and evaluation of the operations referred to in paragraph 4 shall be the basis for the examination of the adequacy and effectiveness of the financial control systems introduced by the public authorities pursuant to Article 3 (1) (a) and (c). ';
8. In Article 25, paragraph 6 is added:
"(6) Financial control shall be carried out within the internal control system of the Security Information Service; However, such control shall not apply to the management of assets of a specific nature. 2a) '.
9. In Article 27 (2), "Article 11 (2) and (3) 'is replaced by" Article 11 (3) and (4)';
10.Paragraph 29 (2) reads as follows:
"(2) The Head of the Internal Audit Service shall appoint and withdraw:
(a) the Minister for Finance after consulting the Government as regards the Internal Audit Service of the Ministry of Finance;
(b) the Head of the Central Authority or other organisational body of the State which is the administrator of the State Budget Chapter (13) after consulting the Minister of Finance as regards the internal audit function of that authority;
(c) the President of the Supreme Audit Office after consulting the Chairman of the Committee of the Budget of the Chamber of Deputies of Parliament as regards the Internal Audit Service of the Supreme Audit Office;
(d) the statutory body of a legal person set up to perform the tasks of public administration by means of a specific law or by virtue of a specific law, after consulting the head of the public authority which is entrusted by a specific law with respect to its internal audit function;
(e) the head of the organisational body of the State that is an entity, the state contribution organisation and the State fund after consulting the management body referred to in point (b) with regard to the internal audit function of the State organisational body, the State contribution organisation or the State fund under the responsibility of that authority;
(f) the Regional Council, on a proposal from the Director of the Regional Office, as regards the Internal Audit Service of the Region;
(g) the council of the municipality on a proposal from the mayor of the municipality as regards the internal audit service of the municipality,
h) the City Council of the City of Prague on a proposal from the Director of the City of Prague as regards the Internal Audit Service of the City of Prague,
(i) the City Council of the City of Prague on a proposal from the Mayor of the City of Prague as regards the Internal Audit Service of the City of Prague,
(j) the statutory body of the local authority's contribution organisation, after consulting the Director of the Regional Authority as regards the internal audit function of the regional contribution organisation, with the mayor of the municipality as regards the internal audit function of the local contribution organisation, with the Director of the Municipality of the City of Prague as regards the internal audit function of the local contribution organisation. "
11. In Paragraph 29, the following paragraph 3 is inserted after paragraph 2:
"(3) In the case of the entrustment of a staff member referred to in Article 28 (1) by an internal audit and its withdrawal, the management of the public authority referred to in paragraph 2 shall act mutatis mutandis. ';
Paragraphs 3, 4 and 5 shall be renumbered paragraphs 4, 5 and 6.
12. In Article 29, at the end of paragraph 4, the sentence "Contrary to the independent performance of the tasks of the Internal Audit Service, it is not, if it is responsible for ensuring that the subsequent public administrative control is carried out in accordance with Article 11 (4) and (5)."
13. In the first and third sentences of Paragraph 29 (6), the words "and the capital of Prague 'shall be inserted after the words" the municipality'.
14. in Paragraph 32, the following paragraph 4 is added:
"(4) As from 1 January 2004, the appointment and appeal referred to in Articles 29 (2) (a) and (b) and 29 (3) shall be governed by the Staff Act. 28)
28) Paragraph 53 (5) of Act 218 / 2002 Coll., on the service of civil servants in administrative offices and on the remuneration of such staff and other servants in administrative offices (Staff Act). "
15. The following Section 32a is inserted after Section 32, including footnote 28a:
Paragraph 26 on prior checking shall not apply in the performance of the tasks of the Integrated Rescue System and in the performance of other tasks of the Police of the Czech Republic, the Fire Department of the Czech Republic, the Army of the Czech Republic, the Customs Administration of the Czech Republic, the Prison Service of the Czech Republic and intelligence services, provided that they cannot be carried out by delay. 28a)
28a) For example, Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended by Act No. 320 / 2000 Coll., Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, Act No. 238 / 2000 Coll., on the Fire Rescue Corps of the Czech Republic and on the amendment of certain laws, as amended by Act No. 309 / 2002 Coll., Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended, Act No. 13 / 1993 Coll., Customs Act, as amended, Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended by the later legislation. '
Amendment to Act No. 309 / 2002 Coll.
In Act No. 309 / 2002 Coll., on the amendment of the laws related to the adoption of the Act on the Service of Civil Servants in Administrative Offices and on the Remuneration of These Employees and Other Servants in Administrative Offices (Staff Act), Part 49th is deleted.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 123 / 2003 Coll., amending Act No. 320 / 2001 Coll., on Financial Control in Public Administration and on the Amendment of Certain Laws (Financial Control Act), as amended, and Act No. 309 / 2002 Coll., on the Amendment to Laws relating to the Adoption of the Law on the Service of Civil Servants in Administrative Offices and on the Remuneration of These Workers and Other Servants in Administrative Offices (Staff Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.2003 |
|---|---|
| Effective from | 05.05.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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