Gazette May 9, 2024 Part A VOL. CLIX No. 49 with Acts #13 & 14; S.Is #19

May 9, 2024 | Acts, Part A, Statutory Instruments (SI's)

S.I. 2024 No. 19: Commissions of Inquiry (Parliamentary Reform Commission Warrants of Appointment) (Variation) (No. 2) Order, 2024.

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
Arrangement of Sections
PART I
PRELIMINARY

  1. Short title
  2. Interpretation
  3. Act to bind the State
    PART II
    CWC 2024 SPECIAL ARRANGEMENTS
  4. Declaration of CWC 2024 venue and match period
  5. CWI to have unrestricted control of CWC 2024 stadia during match period
  6. Deliveries within CWC 2024 venues
  7. Sale and distribution of CWC 2024 tickets
  8. Work Permits
  9. Import and export duties
  10. Exemption from income and other taxes
  11. Exemption from taxes on CWC 2024 tickets

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

  1. Exemption from foreign exchange regulations
  2. Entry into and exit from a stadium in a CWC 2024 venue
  3. Unauthorized entry
  4. Reserved areas and reserved seats
  5. Members entitlements during a match period
  6. Conduct within CWC 2024 venue
  7. Prohibited or restricted items in CWC 2024 venue
  8. Surrender of prohibited items
  9. Sale of goods or services
  10. Power to photograph certain persons
  11. Requirement to state name and address
    PART III
    CONTROL OF ADVERTISING
  12. Prohibition of certain advertisements on building and structures
  13. Commercial broadcasting, telecasting, recording or filming
  14. Prohibition of ambush marketing
  15. Promotional use of CWC 2024 tickets

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
PART IV
PROTECTION OF CWC 2024 MARKS, INDICIA AND IMAGES

  1. Prohibition of unauthorized use of CWC 2024 mark
  2. Infringement of mark of IBC, ICC, CWI etc
  3. CWC 2024 indicia and images
  4. Application of CWC 2024 indicia and images
  5. Licence to use CWC 2024 indicia or CWC 2024 images for commercial
    purposes
  6. Prohibition of unlicensed use of CWC 2024 indicia or CWC 2024 images
  7. Provision of information
  8. Powers of custom officers in relation to certain imports
  9. Notice of detention
  10. Release of goods: no application for injunction
  11. Power of Comptroller to retain control of goods
  12. Preservation of existing rights
    PART V
    REMEDIES
  13. Injunctions

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

  1. Corrective advertisements
  2. Damages
  3. Account of profits
  4. Limitation
  5. Destruction or delivery of goods
  6. Other remedies
  7. Compensation
    PART VI
    MISCELLANEOUS
  8. Offences by corporations
  9. Regulations
  10. References
  11. Amendment by order schedules
  12. Expiry of Act
    FIRST SCHEDULE
    SECOND SCHEDULE

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
BARBADOS
I assent
J. GIBSON Acting President of Barbados 8th May, 2024.
2024-13
An Act to make provision for the efficient and effective staging of ICC Cricket World Cup West Indies, 2024 and for related purposes.
[Commencement: 9th May, 2024] ENACTED by the Parliament of Barbados as follows:
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
PART I
PRELIMINARY
Short title

  1. This Act may be cited as the ICC Cricket World Cup West Indies Act, 2024.

Interpretation

  1. In this Act,
    “advertisement” means any written, illustrated, visual or other descriptive material or oral statement, communication, representation or reference distributed to members of the public or brought to their notice in any manner with the intention to
    (a)
    promote the sale or leasing of goods;

(b)
encourage the use of any service; or

(c)
draw attention to the nature, properties, advantages or uses of goods or any service or to the manner in, conditions on or prices at which

(i) goods may be purchased, leased or otherwise acquired; or
(ii) any service is rendered or provided; “authorized person” means a person authorized in writing by CWI to represent
it;
“Commissioner” means the Commissioner of Police;
“Comptroller” means the Comptroller of Customs;
“customs officer” means an officer within the meaning of the Customs Act,
2021 (Act 2021-34);
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
“CWC 2024” means the ICC Cricket World Cup West Indies, 2024 and includes, a CWC 2024 activity;
“CWC 2024 activity” means a match, a CWC 2024 related function or other activity authorized by CWI;
“CWC 2024 logo” means any official logo of CWC 2024;
“CWC 2024 mark” means the CWC 2024 logo, CWC 2024 title, CWC 2024 mascot, and the image or likeness of the CWC 2024 trophy, the ICC mark, any mark belonging to CWI and any other marks, whether in the form of words, logos, devices, indicia, or anything else, developed for or used by or with the consent of IBC in connection with the CWC 2024, and includes all registrations or applications to register the same in Barbados but excludes any such marks to the extent that they are owned by an official sponsor, official supplier, official broadcaster or other media or commercial representative appointed and approved by CWI;
“CWC 2024 mascot” means the official mascot of CWC 2024;
“CWC 2024 official” means
(a)
an employee of CWI; or

(b)
a person authorized by CWC 2024 to carry out functions on its behalf;

“CWC 2024 ticket” means a ticket issued by CWI permitting entry to a CWC 2024 activity and includes a CWI accreditation;
“CWC 2024 title” means ICC Cricket World Cup West Indies 2024 or such other name as may be determined by IBC;
“CWC 2024 venue” means a place declared as such under section 4 for the purposes of CWC 2024;
“CWI” means Cricket West Indies Inc., a company incorporated under the laws of the British Virgin Islands;
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
“dangerous weapon” means any
(a)
explosive;

(b)
incendiary device or material;

(c)
firearm;

(d)
gas;

(e)
material;

(f)
weapon;

(g)
glass of any description;

(h)
article, object or instrument;

(i)
object that may be used as a missile;

(j)
such other object as may be prescribed as a dangerous object; which may be used to maim, disfigure, disable or cause bodily harm or death

to a person; “designated person” means
(a)
IBC, ICC, CWI and their respective employees, consultants, officials, agents and representatives;

(b)
ICC members and their respective employees, consultants, officials, agents and representatives;

(c)
members of the delegation of any participating team including players, coaches, medical doctors and officials;

(d)
IBC partners or CWI partners and their respective employees, consultants, officials, agents and representatives;

(e)
media representatives who are accredited by IBC in respect of the CWC 2024; and

(f)
any other person who is accredited by IBC in respect of CWC 2024;

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
“document” means recorded information regardless of form or medium;
“IBC” means ICC Business Corporation FZ LLC, a company incorporated under the regulations of the Dubai Development Authority;
“ICC” means the International Cricket Council, a company limited by guarantee and incorporated in the British Virgin Islands;
“income” includes basic salary, appearance fees, endorsement fees, prize money, and man-of-the-match and man-of-the-series awards;
“licensed user” means a person in relation to whom a licence under section 31 is in force;
“match” means a match including a warm-up match, that forms part of CWC 2024 and includes a performance or formalities held or conducted in conjunction with a match;
“match period” means a period declared as such by the Minister under section
4 for the purposes of CWC 2024;
“Minister” means the Minister responsible for Sports;
“official broadcaster” means a broadcaster appointed and approved by IBC in
relation to CWC 2024;
“official sponsor” means a sponsor appointed and approved by IBC in relation to CWC 2024;
“official supplier” means a supplier of products or services appointed as the official supplier of such products or services for CWC 2024 by IBC; “participating team” means an ICC member country team competing in CWC
2024; “permitted entrant” means
(a) the holder of a CWC 2024 ticket that entitles the holder to be within specific areas of a CWC 2024 venue;
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b) any other person who is, under a general or specific authorisation or accreditation granted by or on behalf of CWI, entitled to be in the CWC 2024 venue;
“person” means a natural person, a body corporate or an unincorporated body;
“playing field” means the playing field at which a match is being played or is to be played and includes any area between the playing field and any structure intended to be a barrier between the players and the spectators;
“police officer” means a member of the Barbados Police Service;
“promote” in relation to an activity, includes to organise, conduct or give publicity to that activity;
“reserved area” means an area within a CWC 2024 venue to which access is
(a)
limited to persons holding certain types of CWC 2024 tickets; or

(b)
otherwise restricted;

“service mark” means a visible sign used or to be used in connection with or in relation to any services for the purpose of distinguishing, in the course of trade or business, the services provided by one person from those provided by another person;
“sign” includes a word, personal name, design, letter, numeral, a colour, a combination of colours, the shape of goods or their packaging;
“squad” means the members of a participating team comprising 15 players and up to 6 non-playing officials;
“stadium” means the whole premises of any stadium, ground or place at which any match, the opening ceremony or the closing ceremony of CWC 2024 is scheduled to take place;
“tax” includes any fee, levy or surcharge;
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
“trade mark” means a visible sign used or to be used upon, with or in relation to any goods for the purpose of distinguishing, in the course of trade or business, the goods of one person from those of another person;
“vehicle” means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn.

Act to bind the State

  1. This Act binds the State.
    PART II
    CWC 2024 SPECIAL ARRANGEMENTS

Declaration of CWC 2024 venue and match period
4.(1) The Minister, after consultation with the CWI, shall by notice published in the Official Gazette and in at least one newspaper in daily circulation in Barbados,
(a)
declare any area within the control of CWI, that is reasonably required for the staging of a CWC 2024 activity, as a CWC 2024 venue;

(i)
(b)stipulate within the notice referred to in subsection (1) the date
(i)
with effect from which the area will be regarded as a CWC 2024 venue; and

(ii)
on which the area ceases to be regarded as a CWC 2024 venue, which date may not be later than 7 days after the completion or termination of CWC 2024; and

(c)
declare a period as a match period.

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(2)
A notice published under subsection (1) shall state the reason for the declaration, and shall be subject to such conditions as the Minister may impose.

(3)
For the purposes of subsection (l)(a), areas reasonably required for the staging of a CWC activity

(a)
may include areas that are to be used for a purpose ancillary to the holding of a CWC 2024 activity;

(b)
may comprise 2 or more non-contiguous areas; and

(c)
shall not include

(i)
an airport or a seaport;

(ii)
any area which is protected or reserved under any other enactment; or

(iii) any private property, except with the consent of the owner.

CWI to have unrestricted control of CWC 2024 stadia during match period
5.(1) CWI shall, for the duration of a match period have full and unrestricted control of a stadium so declared pursuant to section 4(1).
(2) The power given to CWI under subsection (1) shall be subject to the rights of any authority responsible for public health, disaster management or national security.

Deliveries within CWC 2024 venues
6.(1) The Commissioner may in relation to any match period issues direction, to
(a) regulate or prohibit the making of deliveries within any CWC 2024 venue;
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b)
regulate or prohibit the loading or unloading of vehicles within any CWC 2024 venue; or

(c)
impose restrictions, relating to the standing, stopping, or parking of vehicles within a CWC 2024 venue.

(2)
A direction by the Commissioner under subsection (1) may apply

(a)
to an entire CWC 2024 venue, or part of a venue;

(b)
to vehicles of a specified class or description;

(c)
on such days only as are specified in the direction;

(d)
during such periods on those days as are specified in the direction; and

(e)
subject to such conditions as are specified in the direction.

(3)
A person who contravenes a direction under this section is guilty of an offence and is liable on summary conviction to a fine of $20 000.

(4)
Nothing in this section limits the power of the Commissioner to restrict access to or use of any road pursuant to any other law.

Sale and distribution of CWC 2024 tickets
7.(1) CWI shall be responsible for the production and distribution of CWC 2024 tickets.
(2)
No person shall, without the written authorisation of CWI sell any CWC 2024 ticket or an article that is represented to be such a ticket for admission to a CWC 2024 activity.

(3)
For the purposes of subsection (2) “sell” includes

(a)
sell by wholesale, retail, auction or tender;

(b)
hire;

(c)
barter or exchange;

(d)
supply for profit;

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(e)
offer for sale or hire, receive for sale or hire, have in possession for sale or hire, or expose or exhibit for sale or hire;

(f)
conduct negotiations for sale or hire;

(g)
consign or deliver for sale or hire;

(h)
solicit for sale or hire;

(i)
donate, transfer or in any way dispose of a ticket for gain or profit; and

(j)
cause or permit anything referred to in paragraphs (a) to (i).

(4) A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a fine of $50 000.

Work Permits
8.(1) Any permit to work in Barbados in relation to CWC 2024, and any approval or documentation required for such purpose by any designated person shall be provided by the Chief Immigration Officer within 7 days of being requested and shall remain valid and effective until the conclusion of CWC 2024.
(2) The work permits referred to in subsection (1) shall be provided within the period so stated where the applicant complies with the requirements stipulated by the Chief Immigration Officer.
Import and export duties 9.(1) Notwithstanding any provision of any law to the contrary
(a)
personal effects;

(b)
food, food supplements and beverages;

(c)
medical supplies, medical instruments and pharmaceuticals;

(d)
sporting equipment;

(e)
promotional, signage and decorative materials;

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(f)
photographic and audio-visual equipment and supplies including broadcast equipment and supplies;

(g)
documents, printed matter, computers and other office equipment;

(h)
gifts, awards, trophies, medals and flags;

(i)
uniforms, costumes and other clothing; and

(j)
products that the licensee intend to distribute as promotional items and products of the licensee, including automobiles, which are supplied to CWI and IBC,

in connection with the organization and staging of CWC 2024, shall be exempt from import duty, or other impost in accordance with the Customs Act, 2021 (Act 2021-34) or any other enactment relating to the imposition of duties.
(2)
Notwithstanding any provision of any law to the contrary, a person who is participating in, organizing or staging the CWC 2024, shall be permitted to export such goods without any duty, or other impost in accordance with the Custom Acts, 2021 (Act 2021-34) or any other enactment relating to the imposition of duties.

(3)
For the purposes of subsection (1), “duty” includes any tax chargeable on the importation of goods into Barbados.

Exemption from income and other taxes
10.(1) Income arising from CWC 2024 earned by a designated person, who is not ordinarily resident of Barbados, shall be exempt from taxes and duties of every description.
(2) CWI, ICC and IBC, its subsidiaries and associates shall be exempt from taxes and duties of every description.

Exemption from taxes on CWC 2024 tickets

  1. CWC 2024 tickets shall be exempt from taxes and duties of every description.
    ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

Exemption from foreign exchange regulations

  1. Income arising from CWC 2024 earned by a designated person, who is not ordinarily resident of Barbados, shall be exempt from foreign exchange restrictions.

Entry into and exit from a stadium in a CWC 2024 venue
13.(1) No person shall enter a stadium during a match period unless he is a permitted entrant.
(2)
No person shall enter or leave a stadium during a match period except through an entrance or exit designated by CWI or as otherwise permitted by CWI.

(3)
A person who contravenes any provision of this section commits an offence and is liable on summary conviction to a fine of $20 000.

Unauthorized entry
14.(1) Unless authorized by CWI, no person shall, during a match period, enter or be present in or on
(a)
any part of a playing field;

(b)
any other part of a stadium if it is indicated that entry into that part is not permitted; or

(c)
any part of any other CWC 2024 venue if it is indicated that entry into that part is not permitted.

(2) For the purposes of subsection (l)(b) and (c), an indication that entry is not permitted may be given in the following manner:
(a)
an advertisement;

(b)
a pamphlet;

(c)
the conditions attached to a CWC 2024 ticket;

(d)
a direction of a police officer or an authorized person;

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(e)
a fence, chain or barrier around the part or across an entrance into the part; or

(f)
a sign erected in, at or near an entrance.

(3)
A person who contravenes subsection (1) may be

(a)
ordered by a police officer or an authorized person to leave a CWC 2024 venue, or part thereof;

(b)
removed from the CWC 2024 venue, or part thereof, by a police officer where that person refuses to comply with an order under paragraph (a).

(4)
A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $5 000.

Reserved areas and reserved seats 15.(1) CWI may for the duration of a match period, set aside
(a)
any area within a CWC 2024 venue as a reserved area; or

(b)
any seat within a CWC 2024 venue as a reserved seat.

(2)
No person shall enter or remain in a reserved area or occupy a reserved seat unless that person is

(a)
the holder of a CWC 2024 ticket conferring entitlement to do so; or

(b)
otherwise authorized so to do by or on behalf of CWI.

(3)
A police officer or an authorized person who has reasonable grounds to suspect that a person who is in a reserved area or reserved seat is not entitled to be in the area or seat, may request that person to produce evidence of his entitlement to enter or remain in the reserved area or to occupy the reserved seat.

(4)
A person who fails to comply with a request under subsection (3) may be ordered by a police officer or an authorized person to leave the reserved area, reserved seat or the CWC 2024 venue.

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(5)
A person who refuses to comply with an order given under subsection

(4)

(a)
may be removed from the CWC 2024 venue by a police officer; and

(b)
is guilty of an offence and is liable on summary conviction to a fine of $5 000.

Members entitlements during a match period
16.(1) This section applies to the members of any organisation, association, club or similar body or a person who has any entitlement in a stadium whether through the exercise of rights or otherwise.
(2) During a match period
(a)
a member referred to in subsection (1), is not entitled to exercise any right, entitlement or privilege of membership;

(b)
the holder of a club card or guest card or similar facility is not entitled to exercise any right or privilege otherwise conferred on the holder; and

(c)
a person otherwise entitled or privileged, is not entitled to exercise any right, entitlement or privilege,

in relation to a stadium, or any part of it, including the right to obtain entry to the stadium or to use any facilities for seating, eating, drinking, sport or recreation provided at or in relation to the stadium.
(3) A person referred to in subsection (2) who seeks to exercise any right, entitlement or privilege may be
(a)
ordered by a police officer or an authorized person to leave the stadium; or

(b)
removed from the stadium, by a police officer where that person refuses to comply with an order given under paragraph (a).

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(4) The owners of the stadium, CWI, ICC, or IBC shall not be liable as a result of the operation of this section
(a)
for any suit, action or proceeding;

(b)
to pay compensation to a member, guest or club card holder or to any other person referred to under subsection (2); or

(c)
to reimburse any person referred to in paragraph (b), for the whole or a portion of any payment made by such person to obtain certain rights, entitlements or privileges.

Conduct within CWC 2024 venue 17.(1) A person shall not in any CWC 2024 venue
(a)
misuse, deface, damage or tamper with any building, vomitory, seat, chair, table, structure, vehicle, craft, truck, pipe, tap, tap-fitting, conduit, electrical equipment, wiring or sign;

(b)
excavate or cause to be excavated any part of a CWC 2024 venue unless authorized by CWI;

(c)
erect any structure, erect or display any sign, banner or other thing, in contravention of this Act unless authorized by CWI;

(d)
block any stair, step, aisle, gangway, overpass, underpass, pontoon, bridge, entry, exit or other thoroughfare unless authorized by CWI;

(e)
throw any stone, bottle or missile, or throw or use any other dangerous object;

(f)
disrupt, interrupt, or behave in a manner that may disrupt or interrupt, any CWC 2024 activity or disrupt, or interfere with, the comfort of persons at a CWC 2024 activity;

(g)
interfere with the equipment of a person taking part in a CWC 2024 activity;

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(h)
operate or use a loud hailer, public address system or other broadcast device or any other device that may interfere with electronic or radio communications unless authorized by CWI;

(i)
conduct public surveys or opinion polls, or solicit money, donations or subscriptions from members of the public unless authorized by CWI;

(j)
act or conduct himself in such a way as to

(i)
adversely affect the safety of the public within the stadium or other CWC 2024 venue;

(ii)
interfere with any person taking part in a CWC 2024 activity;

(iii) interfere with the equipment of a person taking part in a CWC 2024 activity; or
(iv) adversely affect the efficient operation and staging of a CWC 2024 activity; or

(k)
engage in the conduct described in section 25.

(2)
A police officer may dismantle or remove any structure erected or any sign, banner or other thing displayed in contravention of this section.

(3)
A person who contravenes subsection (1)

(a)
may be

(i)
ordered by an authorized person or a police officer to leave the CWC 2024 venue; or

(ii)
removed from the CWC 2024 venue by a police officer if that person refuses to comply with an order under paragraph (a); and

(b)
is guilty of an offence and is liable on summary conviction to a fine of $50 000.

(4)
A police officer may take possession of anything used or capable of being used to contravene this section.

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(5)
Where possession of an item is taken under subsection (4), the item shall be lodged with CWI.

(6)
An item lodged with CWI shall, except where the person is charged, be available for collection within 48 hours after possession of it was taken at such place as is notified to the person from whom it was taken.

(7)
For the purposes of subsection (1)(j)(ii) and section 18(2)(f), “a person taking part in a CWC 2024 activity” means

(a)
a member of a squad;

(b)
a person, including an umpire or a match referee, engaged in the control or management of the CWC 2024 activity;

(c)
a member of a class of persons authorized to enter the playing field; or

(d)
any person involved in the production, transmission or broadcast of a CWC activity whether by television, radio, internet, or wireless service or otherwise.

Prohibited or restricted items in CWC 2024 venue
18.(1) No person shall, bring into or have in his possession at a CWC 2024 venue, during a match period
(a)
any weapon or dangerous object or article capable of being used as a weapon;

(b)
any animal other than a guide dog if the person is blind; or

(c)
any article specified in Part I of the First Schedule.

(2) No person shall, bring into or have in his possession at a CWC 2024 venue during a match period, any article
(a) which may be used to
(i)
erect a structure;

(ii)
deface or damage any structure within that venue;

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(iii) adversely affect the safety of the public within that venue;
(iv)
disrupt or interrupt a CWC 2024 activity;

(v)
interfere with the comfort of persons within the CWC 2024 venue or their enjoyment of a CWC 2024 activity;

(vi)
distract, hinder or interfere with a person taking part in a CWC 2024 activity or the equipment of that person;

(vii) engage in conduct prohibited under section 25;
(viii) otherwise affect the efficient operation and staging of a CWC 2024 activity; or
(b) specified in Part II of the First Schedule except where those articles are sold at the venue.
(3)
A person who contravenes subsection (1) may be

(a)
ordered by an authorized person to leave the CWC 2024 venue; or

(b)
removed from the CWC 2024 venue by a police officer, if that person refuses to comply with an order under paragraph (a).

(4)
A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $50 000.

Surrender of prohibited items 19.(1) An authorized person may request a person to surrender any item that
(a)
is prohibited under section 18(1) or restricted under section 18(2)(b) or that may be used in a manner to contravene section 18(2), which is in his possession at any security point or entrance of a CWC 2024 venue; or

(b)
has been brought into a CWC 2024 venue

(i)
in contravention of section 18(1), 18(2)(b); or

(ii)
that may be used to contravene section 18(2).

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(2)
A person who refuses to surrender an item when requested to do so under

(a)
subsection (l)(a) may be refused entry to a CWC 2024 venue; or

(b)
subsection (l)(b) may be

(i)
ordered by an authorized person to leave the CWC 2024 venue; or

(ii)
removed from the CWC 2024 venue by a police officer, if that person refuses to comply with an order under subparagraph (i).

(3)
An authorized person, on taking possession of an item under this section shall give a receipt to the person from whom it was taken, indicating the nature of the item and the date and time when possession of it was taken by the authorized person.

(4)
An item referred to in subsection (3) shall

(a)
be lodged with CWI; and

(b)
except where the person is charged, be available for collection within 48 hours after possession of it was taken at such place as is notified to the person from whom it was taken.

Sale of goods or services 20.(1) No person shall, without the written authorization of CWI
(a)
hawk, sell, offer, display for sale or distribute to members of the public, any goods, services, flyers or pamphlets;

(b)
collect money or orders from members of the public for goods or services,

in a CWC 2024 venue during a match period.
(2) A person who contravenes subsection (1) may be
(a) ordered by an authorized person to leave the CWC 2024 venue; or
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b) removed from the CWC 2024 venue by a police officer where that person refuses to comply with an order under paragraph (a).
(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $5 000.

Power to photograph certain persons
21.(1) An authorized person who suspects, on reasonable grounds, that a person in a CWC 2024 venue has committed or has been involved in the commission of an offence in contravention of this Part may take a photograph or make another form of image including a closed circuit television recording of that person.
(2) A photograph taken under subsection (1)
(a)
may only be used for the purpose of identification; and

(b)
except where the person is charged, shall be destroyed by CWI within 7 days of the completion or termination of CWC 2024.

Requirement to state name and address
22.(1) A police officer who suspects, on reasonable grounds, that a person in a CWC 2024 venue has committed, or has been involved in the commission of, a contravention of this Part may require the person to state his full name and address.
(2) A person who fails, without reasonable cause to comply with a requirement under subsection (1) or who, in purported compliance with such a requirement, furnishes information that the person knows to be false or misleading in a material particular is guilty of an offence and is liable on summary conviction to a fine of $5 000 and may be
(a)
ordered by a police officer to leave the CWC 2024 venue; or

(b)
removed from the CWC 2024 venue by a police officer where that person refuses to comply with an order under paragraph (a).

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
PART III
CONTROL OF ADVERTISING

Prohibition of certain advertisements on building and structures
23.(1) Subject to existing contractual rights, a person who is the owner or occupier of, or the holder of a lease or licence relating to land, a building or structure on land within a CWC 2024 venue shall not cause or permit any advertisement or advertising material to be displayed or fixed to or placed on, or to remain on, the land, building or structure except as authorized in writing by CWI.
(2)
CWI or an authorized person may erase or remove any advertisement or advertising material fixed or placed on any land, building or structure in contravention of subsection (1).

(3)
In exercising its powers under subsection (2), CWI shall take such steps as are necessary to ensure that as little damage as possible is caused.

Commercial broadcasting, telecasting, recording or filming
24.(1) No person shall, other than for personal use, broadcast, narrowcast, telecast, transmit, record, publish, disseminate, reproduce or circulate by any means, including without limitation utilizing
(a)
television;

(b)
radio;

(c)
satellite;

(d)
the internet; or

(e)
any wireless service

any audio, video, photograph, text or data or any other information relating to a CWC 2024 activity or any part of such activity, without the approval of CWI.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(2)
A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $75 000.

(3)
An application for approval under this section shall be made to CWI in such form and manner as may be determined by CWI.

(4)
Any approval granted under subsection (3) shall be subject to such conditions as CWI thinks fit.

(5)
A police officer may take possession of any item that is used in contravention of this section if

(a)
the police officer has directed, the person concerned to stop the use of the article; and

(b)
the person continues to use the article in contravention of this section.

(6)
A person who uses any article in contravention of this section may be

(a)
ordered by an authorized person to leave the CWC 2024 venue; or

(b)
removed from the CWC 2024 venue by a police officer, if that person refuses to comply with an order under paragraph (a).

(7)
The broadcasting, telecasting, recording or filming of any information relating to a CWC 2024 activity for the purpose of provision of information or for the purposes of criticism or review is not by itself sufficient to amount to a contravention of subsection (1).

(8)
A police officer on taking possession of an item under this section shall give the item to an authorized person who shall give a receipt to the person from whom it was taken.

(9)
The receipt referred to in subsection (9) shall indicate the nature of the item and the date and time when possession of it was taken by the authorized person.

(10)
The item referred to in subsection (9) shall

(a) be lodged with CWI; and
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b) except where the person is charged, be available for collection within 48 hours after possession of it is taken at such place as is notified to the person from whom it was taken.

Prohibition of ambush marketing
25.(1) Except with the written authorization of CWI, a person shall not wilfully broadcast, display, make, publish or televise any advertisement, communication, statement, mark or image or cause or authorize any advertisement, communication, statement, mark or image to be broadcast, displayed, made, published, televised, or carried on, cause or authorize any other activity which
(a)
relates to or is connected with CWC 2024;

(b)
implies or suggests a contractual or other connection or association of that person with CWC 2024 or a person officially associated or involved in CWC 2024; and

(c)
is intended to

(i)
associate that person with CWC 2024 or exploit the publicity or goodwill of CWC 2024, in order for that person to gain a benefit of any kind;

(ii)
diminish the status of an official sponsor, official supplier, official broadcaster or other licensee with regard to CWC 2024; or

(iii) imply that the person is an official sponsor, official supplier, official broadcaster or other licensee with regard to CWC 2024.
(2) No person shall, in relation to CWC 2024, use or cause to be used, a mark, image, statement or brand in a manner calculated to achieve publicity for that mark, image, statement or brand with which that mark, image, statement or brand is associated and thereby deriving any special promotional benefit from CWC 2024 without the prior authority of CWI.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(3) For the purpose of subsection (2), the use of a mark, image or statement includes
(a)
any visual representation of the mark, image or statement upon or in relation to goods or in relation to the rendering of services;

(b)
any audible representation of the mark, image or statement in relation to goods or the rendering of services; or

(c)
the use of the mark, image or statement in promotional activities

which in any way directly or indirectly, is or is intended to be brought into association with, imply a connection with or allude to CWC 2024.
(4) A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of $75 000.

Promotional use of CWC 2024 tickets
26.(1) No person shall use a CWC 2024 ticket in relation to any form of commercial activity or as a prize in any lottery, competition, game or promotion without the prior written approval of CWI.
(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $40 000.
PART IV
PROTECTION OF CWC 2024 MARKS, INDICIA AND IMAGES

Prohibition of unauthorized use of CWC 2024 mark
27.(1) No person shall use a CWC 2024 mark without the written authorization of the owner of that mark.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(2)
Registration by IBC of a CWC 2024 mark under the Trade Marks Act, Cap. 319 shall vest in IBC, from the date of registration until 31st December, 2025

(a)
the right to its exclusive use in connection with the goods or services for which they are registered; and

(b)
the exclusive right to prevent any other person from using any such mark without the authority of IBC.

(3)
Subsection (2)(b) extends to the use of an identical or confusingly similar mark in connection with goods or services where the use

(a)
has caused or is likely to cause confusion; or

(b)
takes unfair advantage of or is detrimental to, the distinctive character or the repute of a CWC 2024 mark.

Infringement of mark of IBC, ICC, CWI etc
28.(1) This section applies to goods, material, and articles described in section 49C of the Trade Marks Act, Cap. 319 that infringe a CWC 2024 mark or any other mark of IBC, ICC or CWI.
(2)
A person who, with intent to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor of the mark in question, buys, sells, imports or exports any goods to which this section applies is guilty of an offence and is liable on summary conviction to

(a)
in the case of a first conviction, to a fine of $40 000; and

(b)
in the case of a second or subsequent conviction, to a fine of $75 000.

(3)
The provisions of Trade Marks Act, Cap. 319 shall apply in the determination of whether or not a mark has been infringed.

CWC 2024 indicia and images 29.(1) For the purposes of this Part
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
“CWC 2024 indicia” means
(a)
any item set out in Part I of the Second Schedule; or

(b)
a combination of any of the items listed in Part II of the Second Schedule,

and where appropriate, includes a CWC 2024 mark;
“CWC 2024 images” means any visual or aural representations or a combination of both that, to a reasonable person, in the circumstances of the presentation, would suggest a connection with CWC 2024 including the picture, whether photographic or otherwise, likeness or image of any squad member, squad or part of a squad and where appropriate, includes a CWC 2024 mark;
“covering” includes packaging, frame, wrapper, container, stopper, lid or cap;
“label” includes a band or ticket.
(2)
CWC 2024 indicia that are represented in a language other than English are to be taken to be CWC 2024 indicia.

(3)
Indicia and images so closely resembling CWC 2024 indicia or CWC 2024 images as are likely to be mistaken, by a reasonable person, shall be regarded as CWC 2024 indicia or CWC 2024 images.

Application of CWC 2024 indicia and images
30.(1) For the purposes of this Part, CWC 2024 indicia or CWC 2024 images are applied to goods or services if such indicia or images are
(a) in the case of goods,
(i)
woven in, impressed on, worked into, affixed or annexed to the goods; or

(ii)
applied to any covering, document, label, reel or thing in or with which the goods are, or are intended to be, dealt with or provided in the course of trade or the promotion of trade; or

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b) in the case of goods or services,
(i)
used on a signboard or in an advertisement, including a television or radio advertisement, that promotes the goods or services; or

(ii)
used in an invoice, price list, catalogue, brochure, business letter, business paper or any other commercial document or any promotional material that relates to the goods or services.

(2)
For the purposes of subsection (1), an advertisement promotes goods or services where

(a)
it promotes a particular person who provides goods or services; and

(b)
a reasonable person would conclude, that it was designed to enhance the commercial image of the person referred to in paragraph (a).

(3)
If

(a)
goods are imported into Barbados for the purpose of sale or distribution by a person; and

(b)
when imported, the goods have applied to them any CWC 2024 indicia or CWC 2024 images,

that person shall be taken to have applied the indicia or images to the goods.

Licence to use CWC 2024 indicia or CWC 2024 images for commercial purposes
31.(1) CWI or IBC may license a person to use all or any one or more of CWC 2024 indicia or CWC 2024 images for commercial purposes in such circumstances as may be determined by CWI or IBC.
(2) A licensed user may only use for commercial purposes the CWC 2024 indicia or CWC 2024 images that he is licensed to use and may only use such indicia or images in accordance with the licence.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

Prohibition of unlicensed use of CWC 2024 indicia or CWC 2024 images
32.(1) No person, other than CWI, IBC or a licensed user, shall use
(a) any CWC 2024 indicia listed in Part I of the Second Schedule; or
(b)
any other CWC 2024 indicia or any CWC 2024 images for commercial purposes.

(2)
CWC 2024 indicia or CWC 2024 images are used by a person for commercial purposes if that person causes such indicia or images

(a)
to be applied to his goods or services

(i)
for advertising or promotional purposes; or

(ii)
in a manner that is likely to enhance the demand for the goods or services; and

(b)
to a reasonable person, the application would suggest that, that person is or was a sponsor of a CWC 2024 activity, or is or was associated or connected with CWC 2024 or a CWC 2024 activity.

(3)
Where goods or services which have applied to them CWC indicia or CWC images are used for commercial purposes by a person other than CWI, IBC or a licensed user, any person who

(a)
supplies, or offers to supply, such goods or services;

(b)
exposes such goods for supply; or

(c)
keeps such goods for supply, whether or not by him,

shall be taken to have used the CWC 2024 indicia or images for commercial purposes.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

Provision of information

  1. The use of a CWC 2024 mark, CWC 2024 indicia or CWC 2024 images for the purposes of, or in connection with, the provision of information or for the purposes of criticism or review is not by itself sufficient to
    (a)
    amount to a contravention of section 27; or

(b)
suggest a sponsorship, or the provision of other support, for the purposes of section 32(2)(b).

Powers of custom officers in relation to certain imports
34.(1) Where goods have applied to them any CWC 2024 mark, CWC 2024 indicia or CWC 2024 images which the importer is not authorized or licensed under this Act to use for commercial purposes, a customs officer may detain the goods for further investigation.
(2) Goods detained under this section shall be kept in such secure place as the Comptroller directs.

Notice of detention
35.(1) Where goods have been detained or confiscated under section 34, the Comptroller shall notify CWI or IBC of the detention.
(2) CWI, or IBC or a licensed user may, within 21 days of the receipt of the notice make an application for an injunction under section 39 and shall give the Comptroller written notice of such application.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
Release of goods: no application for injunction 36.(1) The Comptroller shall release goods detained under section 34
(a)
unless within the period mentioned in section 35(2), CWI, IBC or a licensed user has

(i)
made an application for an injunction under section 39 in relation to the goods; and

(ii)
given to the Comptroller written notice of the application;

(b)
where CWI, IBC or if applicable the licensed user, has by written notice to the Comptroller consented to the release of the goods.

(2) Except where the Comptroller has been notified in accordance with subsection (1) that an application has been made in relation to the goods, the Comptroller may, in his own determination, release the seized goods before the expiration of the period mentioned in section 35(2) if the Comptroller, having regard to information that has come to his knowledge after the goods were detained, does not have reasonable grounds for believing that section 27 or 32 would be contravened by the importation of the goods.

Power of Comptroller to retain control of goods

  1. Nothing in this Part authorizes the Comptroller to dispose of any detained goods where the Comptroller is required or allowed to retain control of the goods under any other law.

Preservation of existing rights
38.(1) The provisions of this Act relating to CWC 2024 indicia or CWC 2024 images, shall not affect rights conferred by law on a person in relation to
(a)
a trademark that is registered under the Trade Marks Act, Cap. 319; or

(b)
an industrial design that is registered under the Industrial Designs Act, Cap. 309A

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
which was so registered before the commencement of this Act in relation to the indicia or image.
(2)
Nothing in this Act affects the use of the indicia or image by a person who, before the commencement of this Act, was entitled to prevent another person from using the indicia or image or similar indicia or image, for the purpose of passing off.

(3)
This Act does not apply to the use of a business name in connection with a business where

(a)
the name is registered in relation to the business under the Registration of Business Names Act, Cap. 317; and

(b)
the name was so registered immediately before the commencement of this Act in relation to the business.

(4)
This Act does not apply in relation to the use of the name of an incorporated company where the company

(a)
was in existence immediately before the date of commencement of this Act;

(b)
uses the name in connection with a business carried on by the company; and

(c)
used the name in connection with the business immediately before the commencement of this Act.

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
PART V
REMEDIES

Injunctions
39.(1) Where a person has engaged, is engaging, or is proposing to engage in conduct in contravention of sections 7, 20, 23 to 26, 27, 28 and 32 the Court may on application by CWI, IBC or a licensed user, grant an injunction
(a)
restraining the person from engaging in the conduct; and

(b)
where, in the Court’s opinion, it is desirable to do so, requiring the person to take such action as the Court sees fit, including, in the case of a sign, the erasure or removal of the sign.

(2)
The Court may grant an interim injunction pending the determination of an application under subsection (1).

(3)
Nothing in this Part limits or shall be construed as limiting any rights or remedies available under the Trade Marks Act, Cap. 319.

(4)
For the purpose of this Part “Court” means the High Court.

Corrective advertisements

  1. Where, on an application under section 39 the Court is satisfied that a person has engaged in conduct constituting a contravention of section 27 or 32, the Court may make an order requiring the person
    (a)
    by such means, including a broadcast or internet publication, as the Court thinks fit;

(b)
at the person’s own expense; and

(c) at the times specified in the order, to publish advertisements, in accordance with the order.
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

Damages

  1. Where CWI, IBC or a licensed user suffers loss or damage as a result of anything done in contravention of section 27 or 32 , the amount of the loss or damage may be recovered by action in the Court.

Account of profits

  1. Where, on the application of CWI, IBC or a licensed user, the Court is satisfied that a person has engaged in conduct in contravention of section 27 or 32, the Court may make an order granting relief by way of an account of profits.

Limitation

  1. CWI, IBC or a licensed user is not entitled, in respect of the same contravention of section 27 or 32, to both
    (a)
    the recovery of loss or damages under section 41; and

(b)
damages based on an account of profits under section 42.

Destruction or delivery of goods
44.(1) Where, on the application of CWI, IBC or a licensed user, the Court is satisfied that a person has contravened section 27 or 32 in relation to goods, the Court may order that the goods be
(a)
destroyed;

(b)
delivered up to CWI, IBC or to the licensed user; or

(c)
otherwise dealt with in such manner as the Court thinks fit.

(2)
A Court may make an order under this section whether or not an injunction is granted under section 39.

(3)
Where the Court makes an order under this section, the person against whom the order is granted shall bear the expenses occasioned by the order.

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

Other remedies
45.(1) The remedies provided under this Part are in addition to any remedy provided by any law
(a)
that confers any rights or powers on CWI, IBC or a licensed user in relation to conduct of a kind that constitutes a contravention of section 27 or 32;

(b)
relating to engaging in conduct that is misleading or deceptive and, in particular, in relation to representations

(i)
that goods or services have sponsorship or approval that they do not have; or

(ii)
that a corporation has a sponsorship, approval or affiliation that it does not have.

(2)
The reference in subsection (1) to particular representations does not preclude the application of any law to conduct of a kind that constitutes a contravention of section 27 or 32.

(3)
The Court may make any order, the effect of which would be to deprive an offender of any economic gain from the goods in relation to which the contravention occurred.

Compensation
46.(1) Where by virtue of any provision of this Act, any right of a person under any law is infringed, that person is entitled to compensation as assessed by the Court.
(2) In determining claims for compensation for the infringement of any right under this Act, the Court may take into consideration
(a) in the case of infringement of property rights, the market value of the property on the date of the infringement;
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b)
any damage sustained by the person at the time of awarding compensation;

(c)
the damage, if any, sustained by the person at the time of awarding compensation by reason of the infringement affecting his other rights or his earnings; or

(d)
if in the consequence of the infringement the person is compelled to change his residence or place of business, the reasonable expenses incidental to the change.

(3)
The Court in assessing compensation to be paid under subsection (1), shall not take into consideration

(a)
the degree of urgency or necessity which has led to the infringement;

(b)
any disinclination of the person to consent to the infringement; or

(c)
any damage sustained by the person which, if caused by a private person, would not render the private person liable to an action.

(4)
In determining claims for compensation for infringement of property rights, the Court shall have power to consider and award to the person in respect of compensation for the infringement, in addition to the matters specified in subsection (2), any sum not exceeding $10 000 000.

(5)
Nothing in this section limits or shall be construed as limiting any written law respecting compensation for the infringement of rights.

PART VI
MISCELLANEOUS

Offences by corporations
47.(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of,
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Regulations 48.(1) The Minister may make regulations prescribing matters
(a)
required or permitted by this Act to be prescribed; or

(b)
for carrying out or giving effect to this Act.

(2) Without limiting the generality of subsection (1),
(a) the regulations may provide for
(i)
the organisation, management and control of a CWC 2024 activity and the carrying out of works or activities, or providing services for the safe and orderly conduct of such CWC activity;

(ii)
the control, management and use of a CWC 2024 venue and the carrying out of works or activities or providing services in, on or near a CWC 2024 venue for the safe and orderly management and use of the CWC 2024 venue;

(iii) the prohibition or regulation of entry into a CWC 2024 venue or part of such venue; or
(iv) the prohibition or regulation of the conduct or activities of persons for the purpose of the safe and orderly conduct of CWC 2024 activities or the safe and orderly use of a CWC 2024 venue; or
ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
(b) the Minister responsible for Immigration may pursuant to section 31 of the Immigration Act, Cap. 190 make regulations with respect to
(i)
any visa or class of visas in respect of a person who requires a visa for entry into and departure from Barbados; and

(ii)
any approval or document required for such purpose.

References

  1. In this Act, a reference to
    (a)
    “the provision of information” includes a reference to the reporting of news and the presentation of current affairs; and

(b)
“criticism” or “review” includes a reference to criticism or review

(i)
in a newspaper, magazine or similar periodical;

(ii)
in a broadcast; or

(iii) in a cinematograph film.
Amendment by order schedules

  1. The Minister may by order amend any of the Schedules to this Act.
    Expiry of Act
  2. This Act expires on 30th June, 2024.
    ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
43

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13
45

ICC CRICKET WORLD CUP WEST INDIES ACT, 2024-13

VISITING POLICE FORCES (ICC CRICKET WORLD CUP 2024) ACT, 2024-14
Arrangement of Sections

Preliminary

  1. Short title
  2. Interpretation

Application of the Act

  1. Act to bind the State
  2. Application
  3. Designated States
  4. Operational direction

Powers and Immunities of Visiting Police Forces

  1. Status of members of visiting police forces
  2. Immunity from prosecution

Jurisdiction

  1. Criminal Jurisdiction
  2. Certificate concerning official duty
  3. Trial by court having primary right

Firearms
Claims Against Visiting Police Forces
Claims against designated States Enforcement of judgement Ships Official duty Arbitration
Taxation
Tax and residence Salaries Service vehicle Customs duties and other taxes
Miscellaneous
Enactments relating to the police service Coroner’s inquest Expiry of Act
SCHEDULE Designated States BARBADOS
I assent
J. GIBSON Acting President of Barbados 8th May, 2024.
2024-14
An Act to regulate the performance of official duties in Barbados by members of police forces visiting Barbados and civilian personnel attached to those forces during the period of Cricket World Cup, 2024 and for related matters.
[Commencement: 9th May, 2024] ENACTED by the Parliament of Barbados as follows:
Preliminary

Short title

  1. This Act may be cited as the Visiting Police Forces (ICC Cricket World Cup 2024) Act, 2024.

Interpretation

  1. In this Act,
    “CARICOM” means the Caribbean Community established by the Revised

Treaty of Chaguaramas signed in the Bahamas on 5th July, 2001;
“civilian personnel” means the civilian component of a visiting police force;
“Commissioner” means the Commissioner of Police of Barbados;
“court” means a court of ordinary criminal jurisdiction in Barbados and includes
a court of summary jurisdiction;
“designated state” means a state that is designated under section 5;
“Police Service” means the Barbados Police Service;
“Member State” means a Member State of CARICOM;
“Treaty on Security Assistance” or “the Treaty” means the Treaty on Security Assistance among CARICOM Member States signed at Basseterre in St. Kitts and Nevis on 6th July, 2006, including any amendments or protocols thereto;
“visiting police force” means the members of any police force of a designated state present in Barbados in connection with official duties for the purposes of this Act.
Application of the Act

Act to bind the State

  1. This Act binds the State.

Application

  1. This Act applies in respect of visiting police forces and the civilian personnel of a state designated pursuant to section 5.

Designated States
5.(1) The countries listed in the Schedule are designated states for the purposes of this Act.
(2) The Minister may by order amend the Schedule.

Operational direction

  1. For the purposes of this Act and Article 10 1.(a) of the Treaty, the Commissioner shall be responsible for the operational direction of the visiting police forces.
    Powers and Immunities of Visiting Police Forces

Status of members of visiting police forces
7.(1) Any member of a visiting police force who is sent to Barbados to perform police duties similar to duties performed by him in his State during Cricket World Cup, 2024 shall, while on duty in Barbados, perform the same duties under and in accordance with the directions of the Commissioner in the same manner and in all respects as if he were a member of the Police Service.
(2) Subject to this Act, the members of a visiting police force shall have the same rights, powers, privileges and immunities as are conferred by law on members of the Police Service as may be necessary for the performance of their duties.

Immunity from prosecution
8.(1) Notwithstanding section 7(2), the members of a visiting police force shall be immune from prosecution in criminal court proceedings in Barbados in respect of actions taken in the course of their official duties.
(2) The immunity specified in subsection (1) may be waived in respect of any member of a visiting police force, by the competent authority of the designated state of the visiting police force.
Jurisdiction

Criminal Jurisdiction
9.(1) Subject to subsection (2) and section 8, the court has the primary right to exercise jurisdiction in respect of any act that constitutes an offence against any law in force in Barbados that is committed by a member of a visiting police force.
(2) With respect to the alleged commission of an offence by a member of a visiting police force in relation to
(a)
the property or security of the designated state; or

(b)
the person or property of another member of the visiting police force,

the competent court of the relevant designated state has the primary right to exercise jurisdiction.

Certificate concerning official duty

  1. A certificate of the Commissioner that anything alleged to have been done by a member of a visiting police force of a designated state was or was not done in the performance of official duty, is receivable in evidence in any court and for the purposes of this Act is prima facie proof of that fact.

Trial by court having primary right

  1. Where under section 9 a competent court of a designated state has the primary right to exercise jurisdiction, the court having the primary right has the right to deal with charges against alleged offenders in the first instance, but that right may be waived by the designated state.

Firearms

  1. Members of a visiting police force acting in the course of their duties, may, if authorized to do so by the Commissioner, possess and carry explosives, ammunition and firearms.
    Claims Against Visiting Police Forces

Claims against designated States

  1. For the purposes of the Crown Proceedings Act, Cap. 197
    (a)
    a tort committed by a member of a visiting police force while acting within the scope of his official duties or employment shall be deemed to have been committed by a public officer within the meaning of the section 2 of the Public Service Act, Cap. 29 while acting within the scope of his official duties or employment;

(b)
property owned, occupied, possessed or controlled by a visiting police force shall be deemed to be owned, occupied, possessed or controlled by the State; and

(c)
a service motor vehicle of a visiting police force shall be deemed to be owned by the State.

Enforcement of judgement

  1. A member of a visiting police force is not subject to any proceedings for the enforcement of any judgment given against him in Barbados in respect of a matter that arose while he was acting within the scope of his official duties or employment.

Ships

  1. Except where section 13 may be made applicable by order of the Minister in respect of the ships of any particular designated state, that section does not apply to a claim arising out of or in connection with the navigation, operation or salvage of a ship or the loading, carriage or discharge of cargo, unless the claim is a claim arising out of death or injury to the person.

Official duty

  1. Where a question that cannot be settled by negotiation between the parties arises under sections 13 to 17 as to whether
    (a)
    a member of a visiting police force was acting within the scope of his official duties or employment; or

(b)
a matter in respect of which judgment was given against a member of a visiting police force arose while he was acting within the scope of his official duties or employment,

the question must be submitted to an arbitrator appointed in accordance with section 17, and for the purposes of sections 13 to 17, the decision of the arbitrator is final and conclusive.

Arbitration
17.(1) An arbitrator must be appointed for the purposes of section 16 by agreement between the designated state concerned and Barbados from among the nationals of Barbados who hold or have held high judicial office.
(2) If the designated state and Barbados are unable, within 2 months, to agree upon an arbitrator, either the designated state or Barbados may request any person designated in an agreement with the designated state or acceptable to the designated state and Barbados to appoint the arbitrator from among the nationals of Barbados who have held high judicial office.
Taxation

Tax and residence

  1. Where the liability for any form of taxation in Barbados depends upon residence or domicile, a period during which a member of a visiting police force is in Barbados by reason of his being a member of the visiting police force shall, for the purposes of that taxation, be deemed not to be a period of residence in Barbados and not to create a change of residence or domicile.

Salaries
19.(1) A member of a visiting police force is exempt from taxation in Barbados on the salary and emoluments paid to him as a member of a visiting police force by a designated state and in respect of any tangible movable property that is in Barbados temporarily by reason of his presence in Barbados in that capacity.
(2) For the purposes of section 18 and this section, the term “member of a visiting police force” does not include a citizen of Barbados who is resident or ordinarily resident in Barbados.

Service vehicle

  1. No tax or fee is payable in respect of the licensing or registration of service vehicles of a visiting police force or in respect of the use of those vehicles on any road in Barbados.

Customs duties and other taxes
21.(1) A visiting police force may import into Barbados, equipment, provisions, supplies and other goods for the exclusive use of the visiting police force free of customs duty and any tax.
(2)
A member of a visiting police force may, at the time of his first arrival to take up service in Barbados, import his personal effects free of customs duty and any tax.

(3)
No customs duty or any tax is payable on any fuel, oil or lubricants intended for use exclusively in the service vehicles, aircraft or vessels of a visiting police force during the performance of the official duties of the members of the visiting police force.

Miscellaneous

Enactments relating to the police service
22.(1) Where under any enactment a power is exercisable by any authority or person,
(a)
respecting the Police Service, its members, or any person connected therewith; or

(b)
respecting any property used or to be used for the purposes of the Police Service, or for taking possession of any property to be so used, or for acquiring, whether by agreement or compulsorily, any property so used or to be so used,

the Minister may by order provide that the power be exercisable by that authority or person, as the case may be, in the case of a visiting police force to any extent to which it would be exercisable if the visiting police force were a part of the Police Service.
(2) The Minister may by order
(a) exempt a visiting police force or its members, any other person connected therewith or any property used or to be used for the purposes thereof from the operation of any enactment specified in the order to any extent to which the force, members, persons or property would be, or would be capable of being exempted, if the visiting police force were a part of the Police Service; and
(b) confer on that visiting police force or any members, persons or property referred to in paragraph (a) any other privilege or immunity specified in the order, being a privilege or immunity that would be enjoyed by or would be capable of being conferred on the visiting police force, members, persons or property, if the force were part of the Police Service.
(3) Where under any enactment the doing of anything is prohibited, restricted or required in relation to
(a)
the Police Service, its members, or any other person connected therewith; or

(b)
any property used or to be used for the purposes of the Police Service,

the Minister may by order extend the prohibition, restriction or requirement to any visiting police force in the same manner as if the visiting police force were a part of the Police Service.
(4)
An order made under this section may contain such incidental, consequential and supplementary provisions as the Minister thinks necessary for the purposes of the order, including provisions for applying, modifying, adapting or suspending any enactment.

(5)
Subsections (1) and (4) apply whether the power is exercisable, or the prohibition, restriction or requirement is imposed, by a provision expressly relating to the Police Service or by a more general provision; and subsection (3) applies whether the exemption, privilege or immunity subsists, or is capable of being conferred, by virtue of such a provision or by reason of any enactment not binding the State.

Coroner’s inquest
23.(1) Where a coroner who has jurisdiction to hold a coroner’s inquest into a death is satisfied that the deceased person at the time of his death had a relevant association with a visiting police force, then, unless the President otherwise directs, the coroner may not hold the inquest, or, if the coroner has started the inquest but has not completed it, the coroner shall adjourn the inquest.
(2)
Subject to subsection (1), a coroner referred to in that subsection shall, unless the President otherwise directs, adjourn the inquest if the coroner is satisfied

(a)
that a person who is subject to the jurisdiction of the competent courts of a designated state has been charged before such court with the homicide of the deceased person referred to in subsection (1), whether or not that charge has been dealt with; or

(b)
that a person referred to in paragraph (a) is being detained by an authority of a visiting police force with a view to being so charged.

(3)
Where an inquest is adjourned under this section, the coroner may resume the inquest only on the direction of the President.

(4)
Where an inquest that was adjourned under this section is resumed, the coroner shall proceed in all respects as if the inquest had not been previously begun.

(5)
In this section,

(a)
“homicide” includes murder, manslaughter, infanticide and any offence under the law of the country in question that is analogous to any of those offences;

(b)
references to a person having a relevant association with a visiting police force are references to his being at the time

(i)
a member of the visiting police force or a member of a civilian component of that force; or

(ii)
a person who, not being a citizen of Barbados or a permanent resident thereof within the meaning of the Immigration Act, Cap. 190, is a member of the visiting police force or of a civilian component of that force.

(6) In determining for the purposes of this section whether a person is, or was at any time, a permanent resident of Barbados, no account shall be taken of any period during which he has been, or intends to be present in Barbados,
(a)
as a member of a visiting police force or of a civilian component of such a force; or

(b)
as a dependant of a member of a visiting police force or of a civilian component of such a force.

Expiry of Act

  1. This Act expires on 30th June, 2024.
    VISITING POLICE FORCES (ICC CRICKET WORLD CUP 2024)
    14 ACT, 2024-14
    SCHEDULE
    (Section 5(1))
    Designated States
  2. Member States of the Caribbean Community
  3. Associate Members states of the Caribbean Community
  4. South Africa
  5. Canada
  6. United Kingdom
  7. France
  8. The Netherlands Antilles

9th May, 2024

S.I. 2024 No. 19
Commissions of Inquiry Act
CAP. 112

COMMISSIONS OF INQUIRY (PARLIAMENTARY REFORM COMMISSION WARRANTS OF APPOINTMENT) (VARIATION) (NO. 2) ORDER, 2024
The President, in exercise of the powers conferred on her by section 8(1) of the Commissions of Inquiry Act, makes the following Order:

  1. This Order may be cited as the Commissions of Inquiry (Parliamentary Reform Commission Warrants of Appointment) (Variation) (No. 2) Order, 2024.
  2. The Warrants of Appointment issued on the 8th day of May, 2023 are varied by deleting paragraph (d) of the first direction beginning with the words “AND I DO DIRECT that you” and substituting the following:

“(d) present the written report to the President of Barbados by 15th May, 2024.”.
Made by the President this 6th day of May, 2024.
S. MASON
President

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the Barbados Government Printing Department