The law behind the Commission
Governing legislation
The Commission’s powers come from the Montserrat Constitution, the Complaints Commission Act and, for procurement appeals, the Procurement Regulations.
Montserrat Constitution Order 2010 (Cap. 1.01)
Section 105 establishes the Complaints Commission. Part I sets out the fundamental rights and freedoms.
PDF · 105 pages · 1.2 MB · Revised edition, 1 January 2013
Complaints Commission Act (Cap. 6.20)
The law that sets out the Commission’s composition, jurisdiction, powers and procedures.
PDF · 25 pages · 360 KB · Revised edition, 1 January 2013
Procurement Regulations 2019, reg. 47
Procurement appeals
Regulation 47 of the Public Finance (Management and Accountability) (Procurement) Regulations 2019 gives the Commission jurisdiction to hear appeals in procurement matters. A supplier who bid or tendered for a Government contract, and who claims to have suffered, or to be likely to suffer, loss or injury because of a decision, action, breach of duty or failure to comply with the Regulations by a procuring entity, may appeal.
- First, ask for a review. For a decision of a procuring entity (such as a Ministry), apply to the Chairman of the Procurement Board. For a decision of the Procurement Board, apply to the Financial Secretary. They must resolve the matter by agreement, or give a written decision with reasons, within fourteen days.
- Then appeal, if you are still aggrieved. Appeals to the Commission are made in writing within ten days of receiving the decision of the Financial Secretary or the Chairman of the Procurement Board.
- The Commission decides. It requests the records of the procurement process and issues a written decision, with reasons, within fourteen days of receiving the appeal, to the supplier, the procuring entity and the Chair of the Procurement Board.