Part I- Preliminary

Section 1- Title and effect

  1. This Act shall be known as the Government Organisation and Executive Authority Act, 2026.
  2. This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.

Section 2- Interpretation

  1. “Government” means the executive authority of the Hokorian State.
  2. “Prime Minister” means the Head of Government and principal executive authority.
  3. “Minister” means a person appointed to assist in the exercise of executive functions.
  4. “Official decision” means any decision, action or policy made under executive authority.
  5. “Public function” means any administrative, regulatory or operational task carried out on behalf of the State.

Part II- Executive Authority and Decision Making

Section 3- Authority of the Prime Minister

  1. The Prime Minister shall hold primary authority over the Government:
    • The Prime Minister may take any official decision on behalf of the Government,
    • The Prime Minister may direct Ministers, offices and agencies,
    • The Prime Minister may determine the structure and operation of Government.
  2. Any power granted to the Government under law may be exercised by the Prime Minister unless otherwise specified.
  3. The Prime Minister may act alone or through others in exercising executive authority.

Section 4- Exercise of Government powers

  1. Where a law provides that the Government may act:
    • The Prime Minister may exercise that power directly,
    • A Minister may exercise that power if authorised by the Prime Minister,
    • An official or body may exercise that power if delegated.
  2. Any exercise of power must be:
    • Within the limits of the law,
    • Clearly attributable to a person or office.
  3. Where no person is specified, the Prime Minister shall be taken to have authority.

Section 5- Delegation of authority

  1. The Prime Minister may delegate functions to:
    • A Minister,
    • An official,
    • A public body or agency.
  2. Delegation may be general or limited.
  3. The Prime Minister may revoke or amend any delegation at any time.
  4. Delegation does not remove responsibility from the Prime Minister.

Part III- Organisation of Government

Section 6- Ministries and roles

  1. The Prime Minister may establish ministries where necessary:
    • A ministry may consist of a single Minister or a small team,
    • A ministry may exist only in name where functions are minimal.
  2. The Prime Minister shall assign responsibilities in a clear and practical way.
  3. A Minister may hold responsibility for more than one area.

Section 7- Offices and agencies

  1. The Prime Minister may establish offices or executive agencies to carry out public functions:
    • Such bodies may be permanent or temporary,
    • Such bodies may consist of one or more persons.
  2. The functions and limits of each body shall be defined by the Prime Minister.
  3. An office or agency shall act under the authority given to it.

Section 8- Acting arrangements

  1. Where the Prime Minister is unable to act:
    • A Minister may be designated to act temporarily,
    • If no designation exists, any Minister may act as required.
  2. Any action taken under this section must be necessary and proportionate.
  3. The authority of the Prime Minister shall resume once they are able to act.

Part IV- Conduct and Safeguards

Section 9- Standards of conduct

  1. A person exercising public functions shall:
    • Act honestly and in good faith,
    • Use powers only for lawful purposes,
    • Avoid improper personal gain.
  2. Public functions must be exercised fairly and consistently.

Section 10- Impartial functions

  1. Where a function requires impartiality:
    • It must be carried out without political influence,
    • Decisions must be based only on relevant considerations.
  2. The Prime Minister may not direct the outcome of an impartial decision.

Section 11- Record and accountability

  1. Official decisions shall be recorded where reasonably possible.
  2. The Government shall be able to explain its actions when required.
  3. Records must be sufficient to allow review by lawful authorities.

Part V- Restrictions on Executive Power

Section 12- Limits on authority

  1. No person exercising executive authority may:
    • Act beyond powers granted by law,
    • Interfere with the independence of the Court,
    • Act in a way that is arbitrary or discriminatory.
  2. Any action taken in breach of this section shall have no legal effect.

Section 13- Conflicts of interest

  1. A person must not take part in an official decision where they have a conflict of interest.
  2. A conflict of interest arises where personal interests may influence the decision.
  3. Any conflict must be declared and managed appropriately.

Part VI- Review and Oversight

Section 14- Review of executive action

  1. Any person affected by an official decision may apply to the Court for review.
  2. The Court may:
    • Confirm the decision,
    • Modify the decision,
    • Set aside the decision.
  3. The Court shall ensure that executive authority is exercised lawfully.

Part VII- Offences

Section 15- Offence of abuse of executive authority

  1. A person commits the offence of abuse of executive authority where they:
    • Knowingly act beyond lawful powers,
    • Use authority for an improper purpose.
  2. Levels of severity:
    • Basic offence: misuse without serious harm,
    • Aggravated offence: misuse causing serious harm or repeated conduct.
  3. Penalties:
    • Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
    • Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.

Section 16- Offence of improper interference

  1. A person commits the offence of improper interference where they:
    • Attempt to influence an impartial function unlawfully,
    • Obstruct lawful administration.
  2. Levels of severity:
    • Basic offence: limited interference,
    • Aggravated offence: serious or harmful interference.
  3. Penalties:
    • Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
    • Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.

Section 17- Offence of failure in public duty

  1. A person commits the offence of failure in public duty where they:
    • Fail to carry out required functions,
    • Neglect responsibilities in a serious or repeated manner.
  2. Levels of severity:
    • Basic offence: minor failure,
    • Aggravated offence: serious or repeated failure.
  3. Penalties:
    • Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
    • Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.

Part VIII- Final Provisions

Section 18- Interpretation and application

  1. This Act shall be applied in a manner that supports clear, effective and accountable government.
  2. Any doubt shall be resolved in favour of lawful and practical administration.

About this legislation

This Act is active and has been in force since April 5, 2026. There are no notes for this legislation.