CHAPTER II: Control of legality

The local authority of Saint-Barthélemy, where it chooses to transmit all or some of the acts mentioned in Article LO 6241-1, uses a teletransmission system that has been approved under conditions set by order of the Minister for Overseas France. The approval is subject to compliance with the requirements contained in a specification appended to the order mentioned in the previous paragraph. No system may be approved if it does…

The specifications mentioned in article D. 6242-1 defines the overall architecture of the remote transmission chain for acts subject to legality control as well as the characteristics required for the approval of a remote transmission system and relating to: a) Its inclusion in the overall architecture of the teletransmission chain; b) The standards for data exchanges; c) The security of these exchanges; d) The functions for processing these data; e)…

The President of the Territorial Council signs an agreement with the State representative that includes the reference of the approved system and that provides in particular: a) The date on which the local authority of Saint-Barthélemy is connected to the teletransmission chain; b) The nature and characteristics of the acts transmitted electronically; c) The respective commitments of the president of the territorial council and the representative of the State for…

The State representative may suspend the application of the agreement provided for in Article D. 6242-3 when it observes serious deterioration in the operation of the teletransmission system or is prevented from taking cognisance of the documents transmitted or the system no longer meets the conditions for approval defined in Article D. 6242-1. The local authority of Saint-Barthélemy will be notified in writing of any suspension and will then proceed…

The transmission to the State representative of the public contracts of the local authority and its public establishments other than public health establishments includes the following documents: 1° A copy of the constituent documents of the public contract, with the exception of the plans; 2° The deliberation authorising the legal representative of the Saint-Barthélemy local authority or the establishment to award the public contract; 3° A copy of the notice…

Amendments to public contracts are forwarded to the State representative, accompanied, where applicable, by the deliberations authorising them.

The representative of the State may request, in order to exercise the legality control, that additional documents be provided.