S.I. 2021 No. 18 Proclamation

By Her Excellency Dame Sandra Prunella Mason, Dame Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Dame of St. Andrew, Queen’s Counsel, Governor-General of Barbados.

S. MASON
Governor-General

A PROCLAMATION

WHEREAS by section 28A(1) of the Emergency Management Act, Cap. 160A it is provided that where the Governor-General is satisfied that an emergency has arisen as a result of a person or an animal having a communicable disease or a notifiable disease, the Governor-General may by Proclamation, on the advice of the Prime Minister after the Prime Minister has consulted or has been advised by the Chief Medical Officer;

AND WHEREAS I have been advised by the Prime Minister that she has consulted with and has been advised by the Chief Medial Officer that an emergency has arisen as a result of a person having a communicable and notifiable disease;

AND WHEREAS I am satisfied that a public health emergency has arisen as a result of the presence of a communicable and notifiable disease;

NOW THEREFORE by virtue of the power and authority vested in me I do hereby declare that a public health emergency exists in Barbados.

Given under my hand and the Public Seal of Barbados this 26th day of March, 2021 and in the seventieth year of Her Majesty’s Reign.


S.I. 2021 No. 19

Emergency Management Act
CAP. 160A

Emergency Management (COVID-19) Order, 2021

The Cabinet, in exercise of the powers conferred on it by section 28A(4) and (5) of the Emergency Management Act, makes the following Order:

Citation

  1. This Order may be cited as the Emergency Management (COVID-19) Order, 2021.

Definitions

  1. In this Order,
    “child” means a person who is under the age of 18 years;
    “COVID-19” means the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
    “infected place” means a jurisdiction that has recorded cases of COVID-19;
    “isolation” means the placement of a person infected with COVID-19 into an isolation station;
    “isolation station” includes any hospital, house or place or any part of a hospital or place in which any person suffering from COVID-19 is isolated;
    “public health officer” means a Medical Officer of Health, a Public Health Nurse or any other public health officer authorized by the Chief Medical Officer;
    “quarantine” means the separation of a person from other persons in such a manner as will prevent the direct or indirect conveyance or transmission of COVID-19 to another person;
    “quarantine station” means a place where a person may be separated from other persons to prevent the direct or indirect conveyance or transmission of COVID-19 to another person;
    “responsible adult” means
    (a)a parent of a child;
    (b)a member of the family of a child, other than a parent, who has attained the age of 18 years; or
    (c)a custodian or a guardian of a child;
    “screening requirements” means the requirements set out in paragraph 7.

Quarantine

3.(1)Where a public health officer has reasonable grounds to believe that a person has been exposed to another person who is or may be infected with COVID-19, the public health officer shall order that person
(a)to quarantine himself for 14 days; or
(b)to be sent to a quarantine station subject to any conditions that the public health officer sees fit.

(2)The Chief Medical Officer may overrule any decision made by a public health officer pursuant subparagraph (1) and may substitute his decision therefor.

Detention of persons

4.(1)Where a public health officer has reasonable grounds to believe that a person is or may be infected with COVID-19 and that person has arrived in Barbados on an aircraft or a ship from an infected place within a 14 day period immediately preceding the date of the person’s arrival in Barbados, the public
health officer may, for the purposes of screening and assessment detain the person and impose on that person the restrictions and requirements set out in paragraph 5.

(2)The Chief Medical Officer may overrule any decisions made by a public health officer pursuant subparagraph (1) and may substitute his decision therefor.

Imposition of restrictions and requirements

5.(1)Where a person is detained pursuant to paragraph 4, the public health officer may
(a)orally or in writing, impose on that person or in relation to that person one or more screening requirements to inform an assessment, of whether that person presents or could present a risk of infecting another person with COVID-19; and
(b)carry out an assessment of that person to determine whether that person presents or could present a risk of infecting another person with COVID-19.

(2)Where an assessment under subparagraph (1) has been conducted, the public health officer may orally or in writing, impose on that person or in relation to that person who is the subject of an assessment, any restriction or requirement which the public health officer considers necessary for the purposes of removing or reducing the risk of infecting another person with COVID-19.

(3)A decision to impose a restriction or requirement under subparagraph (2) may only be taken if the public health officer considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

(4)A restriction or requirement imposed under subparagraph (2) by a public health officer may be varied, orally or in writing, by the public health officer.

(5)Where a restriction or requirement imposed under subparagraph (2) is imposed on a child or in relation to a child, a person who is a responsible adult in relation to the child shall ensure that the child complies with the restriction or requirement, insofar as that person is reasonably able to do so.

(6)This paragraph does not affect the exercise of any powers exercised pursuant to paragraph 6.

(7)The Chief Medical Officer may overrule any decision made by a public health officer pursuant subparagraphs (1) and (2) and may substitute his decision therefor.

Isolation of persons suspected to be infected with COVID-19

6.(1)A public health officer may require that a person be put in isolation where he
(a)has reasonable grounds to believe that the person is or may be infected or contaminated with COVID-19; and
(b)considers that it is necessary and proportionate to do so in order to reduce or remove the risk of the person infecting or contaminating others.

(2)Where a public health officer has reasonable grounds to believe that a person is or may be infected with COVID-19, the public health officer may detain the person pending the decision of the Chief Medical Officer.

(3)Where a public health officer decides that a person should be put in isolation, he may impose on that person or in relation to that person one or more screening requirements.

(4)The Chief Medical Officer may overrule any decisions made by a public health officer pursuant subparagraph (1) or (3) and may substitute his decision therefor.

Screening requirements

7.(1)The screening requirements under this Order stipulate that a person shall
(a)answer questions about his health or other relevant circumstances, including travel history and information about other individuals with whom the person may have had contact;
(b)produce any documents which may assist a public health officer in assessing the person’s health;
(c)allow a public health officer or such person designated by the public health officer, to take a biological sample from the person, including a sample of the person’s respiratory secretions or blood, by appropriate means including by swabbing the person’s nasopharyngeal cavity; and
(d)provide sufficient information to enable the person to be immediately contacted by a public health officer during such period as the public health officer may specify.

(2)Where the screening requirements set out in subparagraph (1) apply to a child, the public health officer shall ensure that the child is accompanied by a responsible adult and the responsible adult shall
(a)ensure that the child answers questions referred to in subparagraph (1) (a) accurately;
(b)answer the questions if the child is unable to do so or cannot reliably do so;
(c)produce any documents, required under subparagraph (1)(b), on the child’s behalf;
(d)allow the public health officer to take a biological sample from the child, including a sample of the child’s respiratory secretions or blood, by appropriate means including by swabbing the child’s nasopharyngeal cavity; and
(e)provide information under subparagraph (1)(d) to the public health officer as required.

(3)A person who misleads a public health officer by
(a)giving false answers in response to a question posed pursuant to subparagraph (1);
(b)providing false information in response to a request for information pursuant to subparagraph (1); or
(c)producing fraudulent documents required pursuant to subparagraph (1) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

(4)A responsible adult who misleads a public health officer by
(a)giving false answers in response to a question posed pursuant to subparagraph (2);
(b)providing false information in response to a request for information pursuant to subparagraph (2); or
(c)producing fraudulent documents required pursuant to subparagraph (2) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

Power to requisition land or buildings

8.(1)An authorized person may, by notice in writing in the form set out in the First Schedule, requisition any lands or buildings.

(2)Any lands or buildings requisitioned by an authorized person by virtue of subparagraph (1) may be used for such purposes and in such manner as the person thinks fit and in so far as it appears to him to be necessary or expedient in pursuance of this Order, he may
(a)do or authorize to be done, anything that a person having an interest in the lands or buildings would be entitled to do by virtue of that interest; and (b)prohibit or restrict
(i)the exercise of any right of way over the lands;
(ii)entry into the buildings; or
(iii)any other right relating to the lands or buildings enjoyed by any person, whether by virtue of an interest in the lands or buildings or otherwise.

(3)The owner or occupier of any lands or buildings shall, if requested by an authorized person, furnish the person with such information as he requires.

(4)An authorized person may
(a)enter upon any lands or enter any buildings to make an enquiry or to inspect the lands or buildings for the purpose of determining their suitability for requisitioning; and
(b)enter upon lands or enter any buildings for the purpose of serving a requisition notice.

(5)An owner or occupier of any lands or buildings who refuses to give any information or who knowingly gives any false information to a person requesting information pursuant to subparagraph (3), is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

(6)An owner or occupier of any lands or buildings who fails to comply with a requisition notice, is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

(7)An authorized person may serve a requisition notice by depositing it on any part of the lands, premises or buildings to which the notice refers if the owner or occupier of the lands, premises or buildings refuses to accept the service.

(8)An authorized person may pursuant to subparagraph (7), use reasonable force to effect a requisition, and may call upon a member of the Royal Barbados Police Force or a member of the Defence Force to assist him.

(9)A person who
(a)fails to comply with subparagraph (2)(b);
(b)obstructs, hinders or interferes with a person authorized by this Order to requisition or enter upon any lands or into any buildings; or
(c)prevents or resists the service of a requisition notice is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

(10)In this paragraph, “authorized person” means the Prime Minister or the Minister with responsibility for the Police acting on the advice of the Chief Fire Officer, the Chief Medical Officer, a Gazetted Police Officer or an Officer of the Barbados Defence Force.

Power to requisition transport

9.(1)An authorized person may by notice in writing set out in the Second Schedule requisition any form of transport, if in his opinion, it is necessary or expedient for the safety of the public or for the maintenance of supplies and essential services.

(2)An authorized person may requisition such quantities of petrol, diesel or lubricating oil as he considers necessary for use in any form of transport
(a)from the owner of the transport;
(b)from the owner of any garage;
(c)from the owner of any petrol pump; or
(d)from any company owning bulk stores of petrol or oil.

(3)An authorized person may
(a)enter upon any lands or premises to serve a requisition or to effect a requisition;
(b)deposit a requisition on any part of the premises or on any property of the person on whom the requisition is made, if the person refuses to accept it; or
(c)use such force as is necessary to effect the requisition and call upon any member of the Police Force or any member of the Barbados Defence Force to assist the authorized person.

(4)A person who
(a)refuses or fails without lawful excuse to comply with a requisition;
(b)obstructs any authorized person in effecting a requisition;
(c)resists or prevents the service of a requisition; or
(d)obstructs the entry of any authorized person on any lands or premises for the purpose of serving a requisition or effecting a requisition, is guilty of an offence and is liable on summary conviction to a fine of $500 000 or to imprisonment for a term of one year or to both.

(5)In this paragraph,

“authorized person” means the Prime Minister or the Minister with responsibility for the Police acting on the advice of the Chief Fire Officer, the Chief Medical Officer, a Gazetted Police Officer or an Officer of the Barbados Defence Force;
“essential services” has the meaning assigned to it in paragraph 15(3);
“form of transport” means any aircraft, ship, motor vehicle, tractor, or any animal drawn vehicle or bicycle;
“requisition” means, in respect of any form of transport, to take possession of the form of transport to be placed at the disposal of the authorized person requisitioning it.

Power to requisition supplies

10.The Prime Minister on the advice of the Chief Medical Officer may, by notice in the form set out in the Third Schedule, requisition medicines, drugs, dressings, personal protective equipment, medical and surgical appliances, equipment, tools and surgical instruments for the maintenance of supplies and essential services in order to manage the public health emergency caused by COVID-19.

Miscellaneous controls

11.(1)The Prime Minister may give a directive to maintain, control or regulate the supply of goods or services so as to
(a)secure a sufficiency of those goods and services that are essential to the well-being of the community, provide for the equitable distribution of those goods and services and ensure the availability of those goods and services at fair prices;
(b)regulate exports and imports in a manner calculated to serve the interests of the community;
(c)ensure generally that the resources available to the community are used in a manner calculated to serve the interests of the community;
(d)prohibit the importation or exportation of goods or of any class or description of goods from or to any country;
(e)prohibit the importation or exportation of goods or of any class or description of goods from or to any country except under the authority of the Prime Minister;
(f)regulate the distribution, purchase or sale of goods or of any class or description of goods;
(g)control and regulate the prices at which goods or any class or description of goods may be sold, whether by wholesale or retail;
(h)control and regulate the production of vegetables and the keeping of livestock.

(2)A person who fails to comply with a directive referred to in subparagraph (1) is guilty of an offence and is liable on summary conviction to a fine of $100 000 or to imprisonment for a term of one year or to both.

Power to waive fees

12.The Chief Medical Officer, in consultation with the Minister of Finance, may waive or vary the payment of any fees for the testing and medical services rendered at any public hospital or health care facility in relation to COVID-19.

Reporting requirements

13.The Chief Medical Officer shall report to the Prime Minister for the duration of the public health emergency at a time determined by the Prime Minister.

Prohibition of events and assembly

14.(1)The Prime Minister may, on the advice of the Chief Medical Officer, direct in the interest of public health,
(a)the prohibition of events in Barbados or a particular area in Barbados;
(b)the prohibition of the assembly of two or more persons in a public place in any area specified;
(c)an individual to confine himself to his residence or to a particular area.

(2)Where the Prime Minister on the advice of the Chief Medical Officer orders the confinement of individuals pursuant to subparagraph (1), he may
(a)require the closure of all educational or religious institutions in the area so specified;
(b)require the closure of any business or organization that caters to the general public in the area so specified, unless permitted otherwise by this Order;
(c)prohibit the visitation by persons at all residential care establishments;
(d)prohibit the visitation by persons at all correctional facilities;
(e)permit the travel of persons to a grocery store, gas station, pharmacy, doctor’s office, hospital or such other place as the Prime Minister on the advice of the Chief Medical Officer may direct.

(3)Subparagraph 1(c) shall not prohibit a person from going outdoors within the curtilage that person’s residence.

(4)The Prime Minister may, on the advice of the Chief Medical Officer, issue guidelines on physical distancing which shall have the force of law.

Curfew and physical distancing

15.(1)The Prime Minister may, on the advice of the Chief Medical Officer, issue a directive requiring every person
(a)within any area specified in the directive to remain indoors between such hours as may be specified; or
(b)to observe such physical distancing and associated protocols in the interest of public health as may be specified and any person who fails to comply with paragraph (a) or (b) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

(2)Subparagraph (1) shall not apply to persons who are delivering essential services.

(3)In this paragraph, “essential services” means
(a)medical professionals, including dentists, paramedical professionals, nurses, staff of pharmaceutical agencies, staff of hospitals, clinics and pharmacies, persons employed or engaged as care-givers, veterinary services, law enforcement officers, defence force officers, customs officers, prison services, security services, disaster management services and fire fighting services;
(b)the provision of electricity, telecommunications, media and broadcasting services;
(c)the provision of transport services whether by aircraft, ship, motor vehicle or public service vehicle;
(d)the operation of an airport or seaport;
(e)the collection, storage, purification or distribution of water for use by the public or any section of the public;
(f)the collection, storage, treatment and disposal of sewage, garbage or refuse;
(g)the removal, handling or burial of deceased persons or disposal of dead animals.

(4)The Prime Minister or the Minister with responsibility for the Police may issue a directive requiring a person who is not delivering essential services to be exempt from a directive issued pursuant to subparagraph (1).

Power to designate certain motor vehicles as public service vehicles and to regulate their use

16.The Prime Minister may, on the advice of the Chief Medical Officer and the Chairman of the Transport Authority, during a public health emergency, issue a directive designating the use of certain motor vehicles as public service vehicles and may regulate their use in order to ensure
(a)the safe, efficient and hygienic transportation of members of the public; and
(b)the sufficiency of public service vehicles, in accordance with the public health protocols.

Restriction of access to any area

17.(1)The Prime Minister may, on the advice of the Chief Medical Officer, prohibit a person from residing in or entering any area where that person is suspected of acting, having acted or being about to act in a manner prejudicial to
(a)public safety;
(b)the supply or distribution of an essential service referred to in paragraph 15(3); or
(c)the preservation of the peace.

(2)A person who contravenes subparagraph (1) is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

The COVID-19 Protocol Monitoring Unit

18.(1)For the purposes of this Order, there is established a unit to be known as the “COVID-19 Protocol Monitoring Unit” (“the Unit”).

(2)The Unit shall monitor the conduct of individuals and the operation of businesses, to ensure that the protocols specified in this Order by the Prime Minister in relation to the conduct of individuals and businesses, are observed by those individuals and by operators of businesses.

(3)Where an individual or operator of a business fails to comply with any instructions given by a member of the Unit or fails to comply with any protocol, that member may order the individual or operator to cease his conduct or the operation of his business, as the case may be.

(4)Notwithstanding subparagraph (3), any person who fails to comply with any instruction given by a member of the Unit or who assaults or insults a member of the Unit in the execution of his duty, is guilty of an offence and is liable on summary conviction to a fine of $50 000 dollars or imprisonment for a term of one year or both.

Obstruction

19.A person who obstructs the Chief Medical Officer, a public health officer, a member of the Royal Barbados Police Force, a member of the Defence Force, or a fire service officer acting in the course of his duty or exercising any powers or performing any duties conferred or imposed on him by this Order is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.


FIRST SCHEDULE

(Paragraph 8)

Requisition Of Lands Or Buildings

In accordance with the above-named Order, I …………………………………………………………………(name) call upon you ………………………………………………………….(name) of ……………………………………..(address) to hand over to me the possession of the lands or buildings set out below:
(Description of lands or buildings and where situate)

Possession surrendered

…………………………………….
Signature of Owner or Occupier

…………………………………………
Signature of Person Requisitioning

No. of Requisition ………………

Date ………………………………….

Time ………………………………

Note: To be made out in duplicate, one copy to be handed to the owner and one copy to be retained by the person requisitioning.


SECOND SCHEDULE

(Paragraph 9)

Requisition Of Transport

In accordance with the above-named order, I …………………………………………………. ……………………………………………………………………………………………………………… (Name of Office) ……………………………………………………………………………………………………………… call upon you ……………………………………………………………………………………………… of ………………………………………………………………………………………., to deliver to me:

Number

Deliver as above

………………………………….
Signature of Owner

Description

Received as above

…………………………………………
Signature of Person Requisitioning

No. of Requisition ……………….. Date …………………………. Time ……………………….

Note: To be made out in duplicate, one copy to be handed to the owner and one copy to be retained by the person requisitioning.


THIRD SCHEDULE

(Paragraph 10)

Requisition Of Supplies

In accordance with the above-named Order, I ………………………………………… (name) call upon you ……………………………………………………………………………………………. (name) of …………………………………………………………………………………………………………. (address) to deliver to me, the items set out below:

(Number)

Deliver as above

…………………………………….
Signature of Owner

(Description)

Taken over as above

…………………………………………
Signature of Person Requisitioning

Made by the Cabinet this 26th day of March, 2021.

H. ALLMAN
Secretary to the Cabinet (Ag.)


S.I. 2021 No. 20

Emergency Management Act

CAP. 160A

Emergency Management (COVID-19) (Medical Laboratory Technologists) (No. 2) Order, 2021

The Cabinet, in exercise of the powers conferred on it by section 28A(4) of the Emergency Management Act, makes the following Order:

1.This Order may be cited as the Emergency Management (COVID-19) (Medical Laboratory Technologists) (No. 2) Order, 2021.

2.(1)Notwithstanding anything contained in any enactment, the Cabinet may call upon medical laboratory technologists who are qualified to practice in Cuba to work in Barbados for the duration of the public health emergency declared pursuant to section 28A(1) of the Emergency Management Act, Cap. 160A caused by COVID-19.

(2)The medical laboratory technologists referred to in paragraph (1) shall be exempt from the registration requirements set out in the Paramedical Professions Act, Cap. 372C.

(3)The medical laboratory technologists referred to in paragraph (1) shall be under the supervision and control of the Chief Medical Officer.

3.A person who obstructs a medical laboratory technologist referred to in paragraph 2(1) in the performance of any function or duty assigned to him by the Chief Medical Officer pursuant to this Order is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year to both.

Made by the Cabinet this 26th day of March, 2021.

H. ALLMAN
Secretary to the Cabinet (Ag.)


S.I. 2021 No. 21

Emergency Management Act

CAP. 160A

Emergency Management (COVID-19) (Medical Practitioners) Order, 2021

The Cabinet, in exercise of the powers conferred on it by section 28A(4) of the Emergency Management Act, makes the following Order:

1.This Order may be cited as the Emergency Management (COVID-19) (Medical Practitioners) Order, 2021.

2.(1)Notwithstanding anything contained in any enactment, the Cabinet may call upon medical practitioners who are qualified to practice in Cuba to work in Barbados for the duration of the public health emergency declared pursuant to section 28A(1) of the Emergency Management Act, Cap. 160A caused by COVID-19.

(2)The medical practitioners referred to in paragraph (1) shall be exempt from the registration requirements set out in the Medical Profession Act, 2011 (Act 2011-1).

(3)The medical practitioners referred to in paragraph (1) shall be under the supervision and control of the Chief Medical Officer.

3.A person who obstructs a medical practitioner referred to in paragraph 2(1) in the performance of any function or duty assigned to him by the Chief Medical Officer pursuant to this Order is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year to both.

Made by the Cabinet this 26th day of March, 2021.

H. ALLMAN
Secretary to the Cabinet (Ag.)


S.I. 2021 No. 22

Emergency Management Act

CAP. 160A

Emergency Management (COVID-19) (Nurses) Order, 2021

The Cabinet, in exercise of the powers conferred on it by section 28A(4) of the Emergency Management Act, makes the following Order:

1.This Order may be cited as the Emergency Management (COVID-19) (Nurses) Order, 2021.

2.(1)Notwithstanding anything contained in any enactment, the Cabinet may call upon nurses who are qualified to practice in Cuba to work in Barbados for the duration of the public health emergency declared pursuant to section 28A(1) of the Emergency Management Act, Cap. 160A, caused by COVID-19.

(2)The nurses referred to in paragraph (1) shall be
(a)exempt from the registration requirements set out in the Nurses Act, Cap. 372; and
(b)under the supervision and control of the Chief Medical Officer.

3.A person who obstructs a nurse referred to in paragraph 2 in the performance of any function or duty assigned to him by the Chief Medical Officer pursuant to this Order is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.

Made by the Cabinet this 26th day of March, 2021.

H. ALLMAN
Secretary to the Cabinet (Ag.)


S.I. 2021 No. 23

Emergency Management (COVID-19) Order, 2021
S. I. 2021 No. 19

Emergency Management (COVID-19) (Curfew) (No. 7) Directive, 2021

WHEREAS pursuant to paragraph 15 of the Emergency Management (COVID-19) Order, 2021 (S.I. 2021 No.19) made under the Emergency Management Act, Cap. 160A, it is provided that the Prime Minister on the advice of the Chief Medical Officer may issue a directive requiring every person to observe such physical distancing and associated protocols in the interest of public health as may be specified;

AND WHEREAS a public health emergency exists in Barbados;

The Prime Minister, by virtue of the power and authority vested in her and on the advice of the Chief Medical Officer pursuant to paragraph 15 of the Emergency Management (COVID-19) Order, 2021, hereby issues the following Directive:

1.This Directive may be cited as the Emergency Management (COVID-19) (Curfew) (No. 7) Directive, 2021.

2.A curfew is hereby imposed throughout Barbados from the 28th day of March, 2021 to the 11th day of April, 2021 between the hours of 9:00 p.m. and 5:00 a.m.

3.(1)No person shall leave his residence between 9:00 p.m. and 5:00 a.m. as specified in paragraph 2, except
(a)the person is an employee or member of an essential service; or
(b)the person has an emergency.

(2)Every employee or member of an essential service shall have on his person at all times, evidence of his employment by, or membership of, as the case may be, such a service.

(3)The Attorney General may, on request made to him through www.gov.bb, grant an exemption to any person or business affected by subparagraph (1).

4.(1)No person, other than a person referred to in paragraph 3, shall leave his residence between the hours of 5:00 a.m. and 9:00 p.m. on Sunday 28th March, Friday 2nd April, Sunday 4th April, Monday 5th April and Sunday 11th April, 2021, except
(a)the person is the owner, operator or employee of a business or an establishment set out in paragraph 6 or 7;
(b)for the purpose of transacting business with a business or an establishment set out in paragraph 6 or 7;
(c)for the purpose of attending a place of religious worship as permitted by paragraph 11;
(d)for the purpose of visiting a beach or a park or exercise outdoors as permitted by paragraph 12;
(e)the person is directly involved in the COVID-19 vaccination exercise either as a service provider or to receive a vaccine; or
(f)the person has an emergency.

(2)Any person who gives false or misleading information to a member of the Police Force, the Defence Force or a member of the COVID-19 Protocol Monitoring Unit, in this Directive referred to as “the Unit”, as to his reason for leaving his residence between the hours specified in paragraph 3(1) or subparagraph (1) contravenes this Directive.

5.(1)Subject to subparagraph (2), with effect from the 29th day of March, 2021 every business, establishment and organization is permitted to open and to conduct business every day from Monday to Saturday and close no later than 6:00 p.m. unless otherwise exempted.

(2)Notwithstanding subparagraph (1), the following businesses, establishments and organizations are not permitted to operate at anytime:
(a)bars;
(b)cinemas;
(c)gyms, dance studios, dojos, yoga studios and like establishments;
(d)night clubs and discotheques; and
(e)pleasure craft operations and private boat charters.

6.On Sunday 28th March, Friday 2nd April, Sunday 4th April, Monday 5th April and Sunday 11th April, 2021, only the following non-essential services shall be permitted to open in the manner specified:
(a)bakeries for the baking of bread only, between the hours of 8:00 a.m. to 6:00 p.m;
(b)cleaning services that clean for essential services and businesses to which this paragraph applies;
(c)farms, between the hours of 6:00 a.m. and 6:00 p.m;
(d)fuel manufacturers, fuel storage facilities and fuel distributors, for the entire day;
(e)gasolene stations, for the sale of products relating to motor vehicles, petroleum products, including liquefied petroleum gas, commonly referred to as “bottled gas”, and for the sale of top-ups for mobile telephones and pharmaceuticals, between the hours of 7:00 a.m. and 5:00 p.m;
(f)hotels, villas and other rental accommodation, for the entire day, including restaurants;
(g)pharmaceutical manufacturers, manufacturers of beverages and dairy products, food processors and food distributors, between the hours of 7:00 a.m. and 5:00 p.m;
(h)pharmacies for the sale of pharmaceuticals and the filling of prescriptions, between the hours of 8:00 a.m. and 4:00 p.m;
(i)sugar factories, for the entire day; and
(j)tyre shops, wrecker services and emergency personnel for vehicle response only, as needed.

7.(1)Notwithstanding anything contained in this Directive, food service establishments shall be permitted to open from Monday to Sunday, between the hours of 7:00 a.m. and 9:00 p.m and are permitted to serve any beverage but alcoholic beverages may only be served with meals.

(2)Owners or operators of restaurants catering to dine-in patrons shall maintain at least 6 feet of separation between table set-ups within restaurants.

(3)Fast food restaurants shall be open only for drive through and kerbside pickup and off-site delivery of meals.

8.(1)The owner or operator of any business or establishment shall
(a)ensure that
(i)the staff of the business or establishment; and
(ii)all persons who enter the business or establishment, comply with the physical distancing protocols;
(b)provide hand sanitizing stations for staff and all persons who enter the business or establishment;
(c)restrict the number of persons within and outside the business or establishment at any one time in order to ensure that a physical distance of at least 6 feet is maintained between every person; (d)ensure that persons do not assemble otherwise than for the purpose of transacting business; and
(e)comply with such other protocols as may be established by the Chief Medical Officer and the Unit.

(2)The owner or operator of any business or establishment in which there are 25 or more employees shall designate an employee as a COVID-19 compliance officer.

9.(1)Any member of the Police Force or the Unit may enter any business or establishment at any time during its hours of operation in order to ensure that the business or establishment is in compliance with this Directive and for that purpose, may ask questions of the owner or employees of the business or establishment.

(2)Any owner or employee referred to in subparagraph (1) who
(a)denies entry to;
(b)fails to answer any question put to him by or gives a false or misleading answer to any such question to;
(c)assaults, insults, obstructs or uses threatening words or gestures to; or
(d)fails to comply with any instructions given to him by any member of the Police Force or the Unit contravenes this Directive.

10.(1)No person shall host or attend
(a)a party;
(b)a banquet, ball, dance or reception;
(c)a meeting of a fraternal society, private or social club or civic association or organization;
(d)a social event known as
(i)”a bus crawl”; or
(ii)”a lime”;
(e)a karaoke event;
(f)a picnic;
(g)a bus or other vehicular excursion;
(h)a boat cruise; or
(i)any other social event.

(2)Persons may engage only in non-contact sports excluding table tennis and squash.

(3)Team sports are prohibited.

11.(1)A distance of at least 6 feet in all directions shall be maintained among all persons who attend places of religious worship. However, members of the same household may sit together.

(2)The following apply to the events set out in this paragraph:
(a)religious services shall be attended by no more than 75 persons for the conduct or streaming of such services;
(b)funeral services shall be attended by no more than 25 mourners, one officiant and the funeral director and necessary staff; and
(c)wedding ceremonies shall be attended by the bride and bridegroom, 2 witnesses, the marriage officer and no more than 20 guests or other persons.

12.(1)A person may only visit a beach or a park for the purpose of swimming or exercise.

(2)Beaches and parks shall be open between the hours of 6:00 a.m. and 9:00 a.m. and between the hours of 3:00 p.m and 6:00 p.m, only.

(3)Persons may exercise outdoors, other than at beaches and parks between the hours of 6:00 a.m. and 6:00 p.m. but no more than 2 persons shall exercise together, in which case there shall be a physical distance of at least 6 feet between them, unless they are members of the same household.

13.A person who is in a public place shall
(a)wear a face mask;
(b)comply with the physical distancing protocols established by the Chief Medical Officer, unless they are members of the same household; and
(c)comply with every condition specified by the Chief Medical Officer and the Unit.

14.No group exceeding 5 persons who are not members of the same household shall remain outdoors unless they are within the curtilage of a residence.

15.Notwithstanding paragraph 14, no more than 8 members of the same household shall remain outdoors as a group, except in the curtilage of their residence.

16.(1)No person shall, without reasonable explanation,
(a)be in a public building or public place; or
(b)travel on a public service vehicle or other public transport, whether as a driver, conductor or passenger, unless he wears a face mask, face shield or face-covering which covers his mouth, nose and chin.

(2)Where the person referred to in subparagraph (1) is a child who is accompanied by an individual who has responsibility for the child, the individual shall provide and ensure that the child has and wears a face mask, face shield or face covering as required by subparagraph (1).

(3)The owner or operator of any business or establishment, which provides goods or services to the public, shall ensure that no member of the public is permitted to enter, or, having entered, to remain within any enclosed space of the business or establishment, unless the person is wearing a face mask, face shield or face covering which covers his mouth, nose and chin.

(4)Subparagraph (3) binds the Crown.

(5)Subparagraphs (1) to (3) shall not apply to children under 5 years of age.

(6)Subparagraph (1) does not apply to persons travelling in a private vehicle.

(7)Notwithstanding subparagraph (1)(a), a person may, if he is required to speak and is physically distanced from other persons present, remove his mask only for the duration of the speech.

(8)For the purposes of subparagraph (1), a person has a reasonable explanation
(a)where the person cannot put on, wear or remove a face mask, face shield or face covering by reason of any medical, physical or mental illness or disability;
(b)where the person is travelling with or providing assistance to another person and the other person relies on lip-reading to communicate with the first person;
(c)where the person is eating, drinking, taking medication or exercising;
(d)where a request is made of the person to remove his face mask, face shield or face covering temporarily for security and identification purposes; or
(e)in such other circumstances as may be provided for in such protocols as the Chief Medical Officer may determine.

(9)For the purposes of this Directive, “public building” or “public place” includes a building or a place to which members of the public have a general or conditional right of access.

17.No person shall visit any place of quarantine or an isolation station.

18.No person shall visit a prisoner or a ward of a Government Industrial School but, for the avoidance of doubt, may visit such a facility to transact business.

19.No more than one person at a time shall visit a patient in a hospital, nursing home, senior citizens’ home or a facility for the treatment of persons with an addiction to or a dependency on a drug or a narcotic substance.

20.(1)No person shall transmit a video recording or an audio recording of any person or in any way make known to the public the identity of any person
(a)who has been tested for COVID-19 or the result of any such test; or
(b)who is in quarantine or in an isolation station.

(2)It is a defence for the person who is charged with an offence under subparagraph (1) if he proves that he had obtained the prior consent of the person who is the subject of the act.

21.(1)A public service vehicle shall carry no more than 75 per cent of its authorized number of sitting passengers and shall carry no standing passengers.

(2)The windows of public service vehicles shall remain open throughout the journey, except during inclement weather.

(3)Subparagraph (2) does not apply to those public service vehicles whose windows are sealed by the manufacturer.

(4)The owner or driver of a public service vehicle shall ensure that the vehicle is sanitized after putting down passengers and before taking up new passengers at the following motor omnibus depots and terminals:
(a)Mangrove Bus Depot;
(b)Oistins Bus Depot;
(c)Constitution Road Terminal;
(d)Fairchild Street Terminal;
(e)Princess Alice Terminal; and
(f)Speightstown Terminal.

(5)An owner or driver of a public service vehicle who fails to comply with any provision of this paragraph is, in addition to the penalty provided by paragraph 27, liable to have his licence or permit suspended.

22.Every traveller to Barbados shall
(a)give details of his accommodation in Barbados to the Chief Immigration Officer and to the Chief Medical Officer;
(b)comply with this Directive; and
(c)comply with the Travel Protocols for entry into Barbados and the Health and Safety Protocols for the Tourism Sector established by the Chief Medical Officer for the Ministry of Tourism.

23.A traveller to Barbados who gives false or misleading information on arrival in Barbados to the Chief Immigration Officer or the Chief Medical Officer concerning his accommodation in Barbados contravenes this Directive.

24.A person who is placed in quarantine
(a)shall not leave the room in which he is quarantined without the consent of the Chief Medical Officer;
(b)shall not receive guests; and
(c)shall obey the directions of the Chief Medical Officer.

25.The owner or operator of any business or establishment who fails to comply with this Directive is, in addition to the penalty provided by paragraph 27, liable to be ordered to cease to operate for the duration of this Directive.

26.Notwithstanding any provision of this Directive, the Prime Minister or Attorney General, acting on the advice of the Chief Medical Officer or the Unit, may direct the owner or operator of any business or establishment to cease to operate for the duration of this Directive.

27.Any person who contravenes this Directive or fails to comply with any condition specified by the Chief Medical Officer or the Unit is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both pursuant to paragraph 15(1) of the Emergency Management (COVID-19) Order, 2021 (S.I. 2021 No.19).

28.This Directive shall come into effect on the 28th day of March, 2021 and shall cease to have effect on the 11th day of April, 2021.

Made by the Prime Minister this 26th day of March, 2021.

MIA AMOR MOTTLEY
Prime Minister


S.I. 2021 No. 24 Proclamation

By Her Excellency Dame Sandra Prunella Mason, Dame Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Dame of St. Andrew, Queen’s Counsel, Governor-General of Barbados.

S. MASON
Governor-General

A PROCLAMATION

WHEREAS it is provided by section 100 of the Data Protection Act, 2019 (Act 2019-29) that the said Act shall come into operation on a date to be fixed by Proclamation:

AND WHEREAS it is expedient that the said Act, with the exception of sections 50, 51, 52, 55, 56 and 57, shall come into operation on the 31st day of March, 2021:

NOW THEREFORE by virtue of the power and authority in me vested, I hereby appoint the 31st day of March, 2021 as the day on which the said Act, with the exception of sections 50, 51, 52, 55, 56 and 57, shall come into operation.

Given under my hand and the Public Seal of Barbados this 26th day of March, 2021 and in the seventieth year of Her Majesty’s Reign.