The Deeds and Commercial Registries Amendment Bill 2017 has been scheduled for debate on Monday, Minister of State and Cabinet Secretary Joseph Harmon disclosed on Thursday.
Harmon told reporters at the Ministry of the Presidency that Attorney General and Minister of Legal Affairs Basil Williams informed Cabinet on Tuesday that the Bill has been scheduled for debate at the next sitting of the National Assembly.

“The passage of this Bill will enable the appointment of the Deeds and Commercial Registries Authority Board that will have oversight of the two registries,” he stated.
Sections five, six and 10 of the Principal Act are to be amended. According to the Explanatory Memorandum, the Bill substitutes for section 5(2) of the Principal Act a new section 5(2) to provide for “a much-needed change of membership of the Governing Board of the Deeds and Commercial Registries Authority” and provides that where the Governing Board has not been appointed or is not functioning, the minister shall perform the functions of the board.

The Amendment to Section five also stated that the governing board consists of a chairman appointed by the minister, the Registrar of Deeds, the registrar of the Commercial Registry, a nominee of the Ministry of Finance, another nominee of the said ministry who is a valuation officer under the Valuation for Rating Purposes Act, a nominee of the Ministry of

Communities; a nominee of the Ministry of Business; a nominee of the Guyana Revenue Authority; a nominee of the Guyana Bar Association; a nominee of the Berbice Bar Association; and a nominee of the private sector.
Additionally, the amendment states that the Registrars of Deeds and Commercial Registry do not have the right to vote.

A change in the names of the Ministry of Housing and Water to the Ministry of Communities, and from the Guyana Bar Association of Legal Professionals to the Berbice Bar Association are reflected in the membership of the board .
Three new members have been added to the board, thereby increasing its membership from eight to 11. The three new members are another nominee of the Ministry of Finance, a nominee of the Ministry of Business and a nominee of the Guyana Revenue Authority.
“It is hoped that these three new members would bring a wider and more varied experience and expertise to the deliberations of the board,” the explanatory memorandum states.
Additionally, amendments were made to section six of the Act in re-lettering because of the re-lettering of the membership of the Board in section 5(2).
The quorum for a meeting has also been increased from three to five members.
Meanwhile, former Attorney General and Minister of Legal Affairs Anil Nandlall, has chided the amendments to the legislation and was quoted in one section of the media as describing the Bill as “an act of executive vulgarity.”
He said the “Deeds and Commercial Authority was created specifically to insulate that organisation from political and ministerial interference”. Nandlall argued that the aforementioned amendments represent interference into an organ which ought to be independent.

He argued too that the amendment which states the Minister of Legal Affairs is authorised to perform the functions of the board of the Authority is a slap in the face of transparency. He said the board is intended to run the registry, manage it as well as hire staff.
Nandlall had begged the court to grant an order compelling Williams to appoint a governing board. The court had granted an Order Nisi of Mandamus to appoint the members of the governing board of the Deeds and Commercial Registries Authority.
In his application, Nandlall said that the Deeds and Commercial Registries Authority Act 2013, Act No. 4 of 2013, establishes the Deeds and Commercial Registry as a corporate body, to establish and promote the efficient and orderly operations of the Deeds Registry and the Commercial Registry, to establish the conditions governing the employment of officers and employees of the Authority.
That matter was heard by Justice Brassington Reynolds.