CHAPTER II: Adoption and implementation of the budget

The administrative account is sent to the State representative no later than fifteen days after the deadline set for its adoption by articles LO 6362-7 and LO 6362-10. Failing this, the State representative shall, in accordance with the procedure laid down in article LO 6362-4, the chambre territoriale des comptes of the local authority’s next budget.

When the closing of the local authority’s accounts shows a deficit in the implementation of the budget, after verification of the accuracy of the revenue and expenditure entries, equal to or greater than 10% of the revenue of the operating section, the territorial audit chamber, referred to by the State representative, proposes to the local authority the measures necessary to re-establish a balanced budget, within one month of this referral….

Only expenditure necessary to pay debts due and expenditure for which the law has expressly so decided is compulsory for the territorial authority. The territorial audit chamber to which a matter has been referred, either by the State representative, or by the public accountant concerned, or by any person with an interest, establishes that a compulsory expenditure has not been entered in the budget or has been entered for an…

If the President of the Territorial Council fails to pay a compulsory expenditure within one month of being given formal notice to do so by the representative of the State, the latter shall proceed to do so ex officio. The period provided for in the previous paragraph is extended to two months if the expenditure is equal to or greater than 5% of the operating section of the primary budget.

The provisions of articles LO 6362-13 and LO 6362-14 are not applicable to the registration and payment of compulsory expenditure resulting, for the local authority and its public establishments, from a court decision that has become final. These operations remain governed by the legislative provisions relating to penalties imposed in administrative matters and the enforcement of judgements by legal entities governed by public law and the Code of Administrative Justice….

In the context of public orders, when default interest is not mandated at the same time as the principal, the latter being in an amount greater than a threshold set by regulation, the accounting officer assigning the expenditure shall inform the authorising officer and the representative of the State within ten days of receipt of the payment order. Within a period of fifteen days, the representative of the State shall…

The Territorial Council shall be kept informed at its next meeting of the opinions issued by the Territorial Audit Office and of the decisions taken by the representative of the State in application of the provisions of this chapter.

The territorial council must rule on the public utility nature of the expenditure that has given rise to a declaration of de facto management by the territorial audit chamber during the closest meeting following transmission of the request sent by the territorial audit chamber to the de facto accounting officer and to the authorising officer of the territorial authority concerned. Once this deadline has passed, the territorial audit chamber will…

The provisions of this chapter shall apply to the public establishments of the collectivity of Saint-Martin.