Gazette August 24, 2023 Part A Vol. CLVIII No. 87 w Acts Nos. 18-20 & S.I No. 56

NATIONAL INSURANCE AND SOCIAL SECURITY (AMENDMENT)
ACT, 2023-18

Arrangement of Sections

Short title
Amendment of section 2 of Cap. 47
Amendment of Cap. 47
Amendment of section 12 of Cap. 47
Amendment of section 14 of Cap. 47
Amendment of section 14A of Cap. 47
Insertion of new section in Cap. 47
Amendment of Cap. 47
Amendment of section 30 of Cap. 47
Amendment of section 30A of Cap. 47
Repeal of section 33
Amendment of Cap. 47
Consequential amendments
Commencement

FIRST SCHEDULE
SECOND SCHEDULE
CONSEQUENTIAL AMENDMENTS

I assent
J. GIBSON Acting President of Barbados 21st August, 2023.
2023-18
An Act to amend the National Insurance and Social Security Act, Cap. 47.
[Commencement: by Proclamation]
ENACTED by the Parliament of Barbados as follows:
Short title

This Act may be cited as the National Insurance and Social Security (Amendment) Act, 2023.

Amendment of section 2 of Cap. 47

Section 2 of the National Insurance and Social Security Act, in this Act referred to as the principal Act, is amended in section 2 by
(a)
inserting in its alphabetical order the following new definition: “Service” means the National Insurance and Social Security Service established by section 3;

(b)
deleting the definitions of the “Board”, “inspector”, “manager”, “owner” and “pensionable age” and substituting the following in the appropriate alphabetical order:

“Board” means the National Insurance and Social Security Service Board established by section 11J;
“inspector” means any person appointed by the Service pursuant to section 38 to perform the functions of an inspector under this Act;
“manager” and “owner” have in relation to a ship or vessel, the same meaning as that set out in paragraph (3) of Part 1 of the Schedule II; and
“pensionable age” means each age corresponding with the period prescribed as set out in Schedule I.
Amendment of Cap. 47

The principal Act is amended by deleting Part I and substituting the following:
“PART I
ESTABLISHMENT, FUNCTIONS AND ADMINISTRATION OF THE SERVICE

Establishment of Service
3.(1) The National Insurance and Social Security Service is established.
(2) The Service is a body corporate to which section 21 of the Interpretation Act, Cap. 1 applies.
Functions of the Service 4.(1) The functions of the Service are to
(a)
manage and operate the system of national insurance established by this Act;

(b)
advise the government and other public authorities on matters relating to this Act and the regulations;

(d)
appoint the staff of the Service and to be responsible for the recruitment, discipline, promotion and termination of employees;

(e)
develop policies for the prudent and efficient management of the Fund;

(f)
approve the budget of the Service and oversee its execution;

(g)
establish an internal audit division;

(h)
consider and approve the annual audited accounts and financial statements of the Service;

(i)
adopt the accounting policies of the Board and procedures which are in accordance with internationally recognized accounting standards;

(j)
cause to be prepared by the Service

(i)
a statement of corporate intent;

(ii)
an annual plan; and

(iii) mid-year and annual reports.
(2) The Service shall perform such other functions as are conferred upon it by this Act and any other enactment.

Staff of the Service and establishment of the divisions 5.(1) (1) The staff of the Service shall comprise a
(a)
Chief Executive Officer;

(b)
Chief Finance Officer;

(d)
Chief Operations Officer;

(e)
Chief Investments Officer;

(f)
Chief Policy and Planning Officer;

(g)
Chief Risk Management Officer;

(h)
Chief Internal Auditor,

and such number of staff including officers to manage any division that it establishes, as it considers necessary for giving effect to this Act.
(2) For the purposes of this Act, the Service may separate its operations into divisions.
Role of the Chief Executive Officer 6.(1) The Chief Executive Officer shall be responsible for
(a)
ensuring that the decisions of the Board of Directors are carried out;

(b)
managing the assets and liabilities of the Service in accordance with the law;

(c)
achieving the level of performance required in the Annual Budget, the Approved Annual Plan and the Statement of Corporate Intent;

(d)
collecting and receiving promptly the revenues of the Service;

(e)
controlling, accounting for and reporting in a timely manner on the revenue and expenditure of the Service;

(f)
controlling, accounting for and reporting in a timely manner on the monies and property received by or under the control of the Service; and

(g)
ensuring that the plans, budgets and reports required by legislation are provided.

(2) Subject to the approval of the Minister, the Chief Executive Officer shall receive such salaries and allowances as the Board determines.

Role of the Chief Finance Officer

The Chief Finance Officer shall be responsible for
(a) directing and overseeing all aspects of the financial and accounting functions of the Service;
(b)
providing timely and accurate analysis of budgets, financial trends and forecasts;

(d)
providing executive management with advice in respect of the financial implications of any proposed investments;

(e)
analysing cash flow, cost control, expenses and all financial statements;

(f)
providing the executive management and the Board with advice on managing the Fund portfolio of the Service;

(g)
establishing systems for budget and internal control; and

Role of Chief People Development Officer

The Chief People Development Officer shall be responsible for
(a)
promoting and fostering good industrial relations between management, employees and the representatives of employees and dealing with grievance issues;

(b)
managing the recruitment and selection of staff processes in conjunction with the Board;

(d)
developing and monitoring people development strategies, systems and procedures within the Service; and

(e)
managing the Service’s performance appraisal system.

Role of Chief Operations Officer

The Chief Operations Officer shall be responsible for
(a)
managing and directing the processing of all benefits payable to insured persons;

(b)
overseeing the business and administrative operations of the division responsible for benefits and keeping operating procedures under constant review;

(d)
preparing and submitting reports to the Chief Executive Officer on a quarterly basis or as required.

Role of Chief Investment Officer 10.(1) The Chief Investment Officer shall be responsible for
(a)
managing the investment functions of the Service and its funds;

(b)
developing investment strategies and making recommendations on investment policies for the consideration of the Investment Committee and the Board;

(d)
establishing processes or systems to ensure that investment policies are followed and are in accordance with the Service’s Investment Policy Statement and Guidelines.

Role of Chief Policy and Planning Officer

The Chief Policy and Planning Officer shall be responsible for
(a)
managing the Service’s corporate planning, policy development, research and actuarial service functions;

(b)
assisting with the leadership and management of the Service’s strategic planning process and the implementation of strategies and objectives;

(c)
providing leadership in the development, formulation, implementation and monitoring of the Board’s strategic plans and policies; and

(d)
managing the conduct of periodic actuarial reviews.

Role of Chief Risk Management Officer 11A. The Chief Risk Management Officer shall be responsible for
(a)
monitoring, evaluating and advising on the elimination and mitigation of operational, investment and environmental risk; and

(b)
overseeing the Service’s risk management including general liability and any related insurance coverage.

Role of Chief Internal Auditor 11B. The Chief Internal Auditor shall be responsible for
(a)
developing an annual comprehensive Internal Audit Plan in consultation with the Chief Executive Officer for submission to the Board of Directors for approval;

(b)
performing financial, operational, compliance and systems audits in accordance with the Internal Audit Plan;

(d)
preparing reports on reviews conducted and make recommendations for the correction of any deficiencies identified;

(e)
making presentation to the Audit Committee and the Board of Directors as required; and

(f)
reviewing, monitoring and reporting to the Audit Committee on the implementation of Board-approved recommendations arising out of the completed audits.

Responsibilities of officers not prejudiced
11C. The responsibilities stated in respect of the officers mentioned at sections 5 to 11A, are without prejudice to any other contractual terms and conditions agreed between the officers and the Service.

Employment of public officer
11D. Where a public officer accepts employment with the Service,
(a)
he shall be employed on terms and conditions no less favourable than those before the commencement of this Part;

(b)
he shall, upon accepting employment with the Service, retain any right to pension, gratuity or other allowance for which he would have been eligible had he remained in the Public Service; and

(c)
his right to pension, gratuity or other allowance shall be calculable in accordance with the provisions of the Pensions Act, Cap. 25.

Private pension plan
11E. The Service shall, within 2 years of the commencement of this Part, provide for the establishment of a pension plan for the benefit of the staff of the Service.

Appointment on fixed term contracts
11F. Where a person is employed by the Service under a written contract of employment for a fixed term he shall be entitled to become a member of the pension scheme within one year of his employment.

Power of Service to invest
11G.(1) The Service may invest moneys standing to the credit of the Fund and the Unemployment Benefit Account;
(a)
in such proportions as the Board approves, having regard to the several contingencies in relation to which benefits are provided under this Act; and

(b)
in such manner or securities as are deemed appropriate.

(2)
In determining the types of securities that are appropriate for investment, the investment committee shall, inter alia, have regard to the investment policy statement and guidelines.

(3)
Notwithstanding subsections (1) and (2), the Service may, after consultation with the Minister responsible for Finance, invest any moneys forming part of the Fund in such manner and in such investments as the Minister may direct.

Borrowing powers of the Service
11H. The Service may, with the approval of the Minister responsible for Finance, borrow any money it requires for meeting any of its obligations or performing any of its functions and shall, in such a case, inform the Minister of
(a)
the amount and sources of the loan;

(b)
the terms and conditions on which the loan may be obtained; and

Guarantee of loans
11I. The Government may, with the approval of Parliament, in such manner and on such terms and conditions as may be specified, guarantee a loan to the Service together with any interest or other charges payable.

Establishment of Board
11J.(1) The National Insurance and Social Security Service Board is established.
(2)
The Schedule I has effect with respect to the constitution of the Board and otherwise in relation thereto.

(3)
The members of the Board shall be styled “directors”.

Responsibility of Board
11K.(1) The Board is responsible for the formulation of policy and the organization and administration of the Service and, in particular,
(a)
the appointment of staff to the Service and the management of such staff;

(b)
the management of the resources and contracts of the Service;

(d) monitoring the performance of the Service with respect to the discharge of its functions.
(2)
The Board shall develop a funding policy for the Service.

(3)
If the Board proposes to amend the policy referred to in subsection (2), the Minister shall lay the proposed amendment on the table of both Houses of Parliament.

(4)
The Minister shall respond to the proposed amendment within 6 weeks of the date after it has been laid in Parliament.

Affixing seal and authentication of documents 11L.(1) The Seal of the Service shall be
(a)
kept in custody of the Chairman, the Deputy Chairman, the Commissioner or the person performing the functions of the secretary to the Board and may be affixed to the documents or instruments pursuant to the Service, in the presence of any 2 of the persons referred to in this subparagraph; and

(b)
authenticated by the signature of the Chairman or the Deputy Chairman and of the person performing the functions of secretary to the Board.

(2) All the documents or instruments made by the Board, other than those required by law to be under seal, and all decisions of the Board shall be signified under the hand of the Chairman or the Deputy Chairman or the person performing the function of secretary to the Board.

Delegation of functions
11M.(1) The Board may delegate such of its functions as it thinks expedient for the purpose of effectively transacting the business of the Board to the chairman, a committee of the Board or the Chief Executive Officer.
(2) The delegation of a function pursuant to subsection (1)
(a)
does not prevent the Board from discharging that function; and

(b)
may at any time be revoked by the Board.

Power of the Board to acquire real property
11N. The Board has the right to acquire and hold any real property for the purposes for which the Board is constituted, and subject to the approval of the Minister, to charge, whether by mortgage, debenture or otherwise and to dispose of such property.

Protection of the Board and its members
11O.(1) No act done or proceedings taken under this Act shall be questioned on the ground
(a)
of the existence of any vacancy in the membership of, or any defect in the constitution of, the Board; or

(b)
of any omission, defect or irregularity not affecting the merits of the case.

(2) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member in respect of any act done bona fide in pursuance of or execution or intended execution of this Act.

Role of Secretary
11P. There shall be a secretary to the Board who shall be responsible for
(a) ensuring that all necessary arrangements preparatory to meetings of the directors or committees are made;
(b)
taking the minutes and recording the decisions of meetings of the directors;

(d)
ensuring that the Board acts in compliance with the requirements of the legislation relating to the Service.

Power to appoint committees 11Q.(1) Subject to this Act, and the regulations, the Board
(a)
shall appoint the following standing committees:

(i)
an investment committee;

(ii)
a people development committee;

(iii) an information technology committee;
(iv)
an operations committee;

(v)
an audit committee;

(vi)
a tenders committee; and

(vii) a risk and data management committee; and

(b)
may appoint such other committee as the Board thinks fit.

(2)
A committee appointed by the Board shall comprise not less than 2 members.

(3)
Where a committee, appointed under subsection (1)(b) performs a function, it is deemed to have been performed by the Board.

(4)
Where the Board appoints a committee pursuant to subsection (1)(b) the committee shall, on completion of the function, submit a report in writing as soon as practicable to the Board.

(5) Subject to this Act and the regulations, the constitution and functions of a committee shall be determined by the Board.

Chief Internal Auditor
11R. There shall be a Chief Internal Auditor who shall also be a member of the Audit committee.
Audit Committee
11S.(1) There shall be an Audit Committee of the Service.

(2)
The Audit Committee shall comprise 3 members from among the Directors.

(3)
At least one member of the Audit Committee shall be an accounting or audit expert.

(4)
The responsibilities of the Audit Committee shall include the following:

(a)
the evaluation of the overall effectiveness of internal control systems of the Service;

(b)
the oversight of the financial statements and the financial reporting processes;

(d)
proposing to the Service the scope of any special audits and other relevant services;

(e)
reviewing the performance of external auditors;

(f)
monitoring the implementation of recommendations made by the Chief Internal Auditor and the external auditors;

(g)
reporting to the Service not less than 4 times a year.

Investment Committee
11T.(1) There shall be an Investment Committee which shall comprise
(a)
the Chairman of the Board;

(b)
the Deputy Chairman of the Board;

(d)
the Chief Financial Officer;

(e)
the Chief Investment Officer;

(f)
two directors of whom one represents employers and the other represents trade unions;

(g)
the Central Bank of Barbados Director with responsibility for investment; and

(h)
two other persons, not being directors, appointed by the Minister from among persons with necessary qualifications in investment matters, finance and accounting.

(2)
The functions of the Investment Committee are to

(a)
advise the Board on investment policy;

(b)
to monitor the implementation of investment decisions; and

(3)
The Investment Committee shall regulate its own procedure.

(4)
In the absence of the Chairman, the Deputy Chairman shall preside.

(5)
Six members shall constitute a quorum.

Exercise of powers of directors 11U.(1) Every director shall in exercising his duties
(a)
act honestly and in good faith with a view to the best interests of the Fund; and

(b)
exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

(2) In determining the best interests of the Fund, a director must have regard to the interest of the Fund as well as the interests of the employees in general.

Conflict of interest
11V.(1) A director who is in any way directly or indirectly interested in a contract or proposed contract with the Board or any other matter whatsoever in which the Board is concerned, shall declare the nature and extent of his interest at the first meeting of the Board at which it is practicable for him to do so.
(2)
A director shall not take part in any deliberation or decision of the Board with respect to any contract or proposed contract with the Board or any other matter with which the Board is concerned, in which he has any pecuniary interest, whether directly or indirectly.

(3)
For the purposes of this section, a director shall be treated as having an indirect interest in a contract or proposed contract with the Board or in any other matter with which the Board is concerned, if he is

(a)
a director;

(b)
a shareholder;

(d)
an employee,

of a company or other association of persons that is a party to such other matter with which the Board is concerned.
(4)
A director mentioned in subsection (1), (2) and (3) shall not vote on the contract or proposed contract or any other matter connected to that with which the Board is concerned.

(5)
A director or any employee of the Service shall not accept a gift or an advantage for himself or on behalf of persons with whom they have family, business or financial connections, if the acceptance would result or give the appearance of resulting in a diminution of his impartial performance of duties.

(6)
Where a person to whom this section applies contravenes this section, he is guilty of an offence and is liable on conviction on indictment to a fine of $50 000 or imprisonment for 3 years or to both.

Actuarial reviews
11W.(1) For the purposes of assessing the balance between the contributions and rates of benefits, an actuarial review of the system of national insurance shall be undertaken within 3 years after the 31st day of March, 2024 and thereafter, during the period ending on the 31st day of March in every third year or such shorter period as the Board determines; and a report of every such actuarial review shall be forwarded to the Minister.
(2)
In addition to the actuarial review referred to in subsection (1) the Minister may require an actuarial review to be undertaken at any time.

(3)
The Board shall send a copy of every actuarial review to the clerk of Parliament to be laid on the table of both Houses.

Report and accounts to be submitted to Minister 11X.(1) The Service shall
(a)
in each year, prepare a report on its activities in the last preceding year and shall furnish such report to the Minister not later than the 30th day of June;

(b)
submit to the Minister every account certified by the Auditor-General thereon, within one month of such certification; and

(c)
submit annually to the Minister, an account of the securities in which moneys forming part of the Fund are for the time being invested.

(2) The Minister shall cause a copy of every report of account submitted to him pursuant to this section to be laid on the table of both Houses.

Minister may give directions
11Y.(1) The Minister may give general directions to the Board with respect to the performance of its functions, powers and duties under this Act or any other enactment; and the Board shall act in accordance with those directions.
(2) Subject to this section, the Board shall not be subject to the control or direction of any other person or Service.

Application of Public Finance Management Act 2019 (2019-1)
11Z. The Public Finance Management Act applies to this Act with such modifications and adaptations as circumstances require.

Vesting of assets
11AA. All assets vested in or held by the former Board under the former Act are
(a)
transferred to and vest in the Service and shall be managed and administered by the Service for the purpose of this Act; and

(b)
by virtue of this Act and without further assurance, transfer or other formality, with effect from the commencement of this section, to be held by the Service for same estate and interest and to the same extent and in the same manner as the assets were vested in, or held by, the said Board immediately before the commencement of this section.

Liabilities and proceedings
11BB.(1) All liabilities incurred by or on behalf of the former Board immediately before the commencement of this Part have, from such commencement, effect as if they had been incurred by or on behalf of the Service.
(2)
Without affecting subsection (1)

(a)
all moneys standing immediately before the commencement of this Part to the credit of the former Board are, from that day, transferred to and vested in the Service; and

(b)
any contract made by or on behalf of the former Board before the commencement of this Part shall be deemed to have been made by or behalf of the Service and shall be construed with such modifications and adaptations as circumstances require for the purposes of this section.

(3)
All civil proceedings commenced before the commencement of this Part in any court in Barbados by or against the former Board may

be continued by or against this Service, and process in those proceedings may be amended accordingly.
Interpretation
11CC. For the purposes of sections 11AA and 11BB “former Board” means the Board in existence on the day immediately preceding the commencement of this Part.”.
Amendment of section 12 of Cap. 47

Section 12 of the principal Act is amended by deleting the word “Crown” where it appears and substituting the word “State”.

Amendment of section 14 of Cap. 47

Section 14 of the principal Act is amended by deleting the words “Schedule I” appearing in subsection (2) and substituting the words “Schedule III”.

Amendment of section 14A of Cap. 47

Section 14A of the principal Act is amended by deleting the words “Schedule I” appearing in that section and substituting the words “Schedule III”.
Insertion of new section in Cap. 47
The principal Act is amended by inserting immediately after section 25A the following:
“Cost of living increase in contributory pension 25B.(1) The Board shall by order increase all contributory pensions
(a) by 3 per cent per annum for the year 2023; and
(b) subject to subsection (1), by up to 1.5 per cent per annum for every succeeding year.
(2) If the average rate of price inflation over a period of 3 years exceeds 3 per cent per annum the actuary shall advise the Board on the appropriate rate of increase.”.
Amendment of Cap. 47
The principal Act is amended in Parts II to VI by deleting
(a)
the word “Board” and substituting the word “State”; and

(b)
the words “Director” and “Director, National Insurance” and substituting the words “Chief Executive Officer”.

Amendment of section 30 of Cap. 47

Section 30 of the principal Act is amended by deleting subsection (5).
Amendment of section 30A of Cap. 47
Section 30A of the principal Act is amended
(a) by deleting subsection (1) and substituting the following:
“(1) The Unemployment Benefit Account established on 1st January, 1997, shall be under the management and control of the Service.”; and

(b) by deleting subsection (2) and substituting the following:
“(2) There is payable into the Unemployment Benefit Account in respect of every employer and insured person a contribution at such rate as may be prescribed by regulations.”.
Repeal of section 33

Section 33 of the principal Act is repealed.
Amendment of Cap. 47
The principal Act is amended by
(a)
renumbering Schedule I as Schedule III;

(b)
renumbering Schedule II as Schedule I; and

Consequential amendments

The enactment set out in the first column of the Second Schedule is amended in the respects set out in the second column.
Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
FIRST SCHEDULE
(Section 12)
“SCHEDULE II
(Section 11J)
NATIONAL INSURANCE AND SOCIAL SECURITY SERVICE
BOARD

Appointment of directors
1.(1) The Board shall comprise 9 directors as follows:

(a)
the Permanent Secretary in the Ministry responsible for Social Security, ex officio;

(b)
the Director of Finance and Economic Affairs, ex officio; and

(i)
2 persons on the recommendation of the employers organisations;

(ii)
2 persons on the recommendation of workers organisations; and

(iii) 3 persons who possess expertise or at least 10 years experience in law, finance, accountancy, management, corporate governance, economics, pensions or other skills appropriate to social security matters.
(2) A director, other than an ex officio director, shall, subject to the provisions of this Schedule
(a)
hold office for a term not exceeding 3 years; and

(b)
is eligible for reappointment.

(3) The Minister shall, pursuant to subparagraph (2), determine the term of office of a director in such a manner that in any one year the respective terms of office of no more than 3 directors expire.

Remuneration of directors

The Minister may pay to
(a)
each director, in respect of his office such remuneration and allowances; and

(b)
the Chairman and Deputy Chairman such remuneration and allowances,

in addition to any remuneration or allowances to which he may be entitled in respect of his office as a director, as the Minister determines.

Chairman and Deputy Chairman
3.(1) The Minister may appoint a director to be Chairman, and another to be Deputy Chairman, of the Board.
(2) The Chairman must be a person who has at least 10 years experience in law, finance, accountancy, management, corporate governance, economics, pensions or other skills appropriate to social security matters.

Resignation
4.(1) The Chairman may resign his office by instrument in writing addressed to the Minister.
(2)
A director, other than the Chairman, may resign his office by instrument in writing addressed to the Chairman, who shall forward forthwith the instrument to the Minister.

(3)
A resignation takes effect from the date on which the Minister receives the instrument.

Temporary leave of absence

The Minister may in writing grant leave of absence to a director.

Temporary appointment

Where a director is, or is likely to be, unable to perform the functions of his office for more than 30 days, whether as a result of absence from Barbados, illness or other cause, the Minister may appoint a person to act in the place of the director.

Revocation of appointment

The Minister shall revoke the appointment of a director who
(a)
becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health;

(b)
is convicted of an offence involving fraud or dishonesty or, in the case of any other offence, is sentenced to a term of imprisonment;

(d)
is bankrupt or compounds with or suspends payment to his creditors; or

(e)
fails to declare his interest in a matter before the Board as required by section 11V(1).

Vacancies 8.(1) A vacancy in the membership of the Board arises on
(a)
the death or resignation of a director;

(b)
the revocation of the appointment of a director; or

(c) the absence of a director from 4 consecutive meetings of the Board without the approval of the Minister.
(2) A person who is appointed to fill a vacancy referred to in subparagraph (1) shall hold office only for the unexpired portion of the term of the former director concerned.

Disqualification of director

A person who
(a)
is a member of Parliament;

(b)
other than a person specified in paragraph 1(b)(ii) or (iii), is a public officer within the meaning of the Public Service Act, Cap. 29; or

is not eligible to be a director.

Gazetting of appointments

The appointment, resignation, removal from office or death of a director shall be notified in the Official Gazette.

Committees
11.(1) The Board may appoint committees of its members or other persons to assist it with the proper discharge of its functions.
(2) Where a person who is not a member of the Board is appointed to a committee, the Board may, with the approval of the Minister, determine the remuneration and allowances to be paid to the person.

Meetings
12.(1) The Board shall meet as often as may be necessary or expedient for the transaction of its business and such meeting shall be held at such places and times and on such days as the Board may determine.
(2)
The Chairman, or in the event of his absence from Barbados or inability to act as such, the Deputy Chairman, may at any time call a special meeting of the Board and shall call such meeting within 7 days of the receipt by him of a request for the purpose addressed to him in writing and signed by not less than 3 directors.

(3)
The Chairman, or in his absence, the Deputy Chairman, shall preside at meetings of the Board.

(4)
Where the Chairman and the Deputy Chairman are absent from a meeting, the directors present shall elect a director from among their number to preside at the meeting.

(5)
Six directors shall constitute a quorum.

(6)
The decisions of the Board shall be by a majority of votes and in a case where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.

(7)
Minutes of each meeting shall be kept by the person performing the functions of secretary of the Board or by such other officers as the Board appoints for the purpose and shall be confirmed by the Board and signed by the Chairman or Deputy Chairman at the next meeting of the Board.

Attendance of non-members at meetings

The Board may invite any person to attend any of its meetings to assist or advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.

Board may regulate proceedings

Subject to provisions of this Schedule, the Board may regulate its own procedure. ”.
SECOND SCHEDULE
(Section 13)

CONSEQUENTIAL AMENDMENTS
Enactments Amendments In the Second Schedule delete “National Insurance
Public Finance Management Act, 2019
Department” and insert “National Insurance and(Act 2019-1) Social Security Service.”.

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
Arrangement of Sections

Short title
Amendment of enactments set out in Schedule SCHEDULE

Consequential Amendments
PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
BARBADOS
I assent
J. GIBSON Acting President of Barbados 21st August, 2023.
2023–19

An Act to amend certain enactments relating to pensions in order to provide for a contributory pension scheme for certain public officers.
[Commencement: 24th August, 2023] ENACTED by the Parliament of Barbados as follows:
PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

Short title

This Act may be cited as the Pensions (Miscellaneous Provisions) Act, 2023.
Amendment of enactments set out in Schedule
The enactment set out in the first column of the Schedule are amended in the respects set out in the second column.
PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
5

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
7

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
9

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
11

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
13

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
15

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19
17

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023–19

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
Arrangement of Sections
PART I
PRELIMINARY

Short title
Interpretation
PART II
INTEGRITY COMMISSION
Establishment of Integrity Commission
Functions of Commission
Consultation
Agreements and exchange of information with law enforcement agencies
Funds of Commission
Annual reports
Staff of Commission
Investigative officers

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
PART III
DECLARATIONS

Declaration of financial affairs by specified persons in public life
Full disclosure
Trust property
Blind trusts
Examination of declarations
Publication of failure to file declaration or furnish information
Offences in respect of declarations
PART IV
REGISTRABLE AND PROHIBITED INTERESTS
Filing of statements of registrable interests
Record of statements of registrable interests etc.
Offences in respect of statements of registrable interests
Disqualification of member from holding public office
Prohibited interests

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
PART V

GIFTS

Reports on gifts
Offences in respect of gifts

PART VI

CONDUCT IN PUBLIC LIFE AND CONTRAVENTIONS OF ACT

Code of Conduct
Duty to report contravention of Act
Complaint to Commission regarding contravention of Act
Oral complaints to be put into writing
Examination of complaints
Offences in respect of false complaints PART VII

POWER TO REQUIRE FURTHER INFORMATION AND TO CONDUCT INQUIRIES

General powers of Commission to investigate or inquire
Conduct of inquiries
Commission’s powers to summon and examine witnesses
Duty of witnesses summoned

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Witness expenses
Marshals to attend Commission
Inquiry reports etc.
Action by Director of Public Prosecutions
Offences in respect of requests for information and inquiries
President to appoint tribunal to perform functions
PART VIII
INVESTIGATIONS
Powers of Investigative Officers
Power of arrest
Disclosure orders
Search and seizure warrants
Obstruction of investigative officer
Complaints regarding Investigative Officers
Complaints concerning conduct of investigative officers
Appointment of complaints panel
Disposal of complaint without formal investigation
Formal investigation of complaint

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Review of complaints by panel
PART IX
MISCELLANEOUS
Commissioner of Police to assist Commission etc.
Confidentiality of information
Conflicts of interest
Protection from suit
Oaths
Amendment of Second and Third Schedules
Regulations
Alteration of Constitution
Commencement

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
FIRST SCHEDULE

INTEGRITY COMMISSION

SECOND SCHEDULE

SPECIFIED PERSONS IN PUBLIC LIFE

THIRD SCHEDULE

FORMS FOR PARTS III, IV AND V

FOURTH SCHEDULE

CODE OF CONDUCT FOR PERSONS IN PUBLIC LIFE

FIFTH SCHEDULE

FORM OF OATHS

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
BARBADOS
I assent
J. GIBSON Acting President of Barbados 21st August, 2023.
2023-20
An Act to establish a regime, including an integrity commission, to promote the integrity of persons in public life and strengthen measures for the prevention, detection, investigation and prosecution of acts of corruption, alter the Constitution to the extent necessary for the purpose and provide for related matters.
[Commencement: by Proclamation]
ENACTED by the Parliament of Barbados in accordance with section 49 of the Constitution as follows:
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
PART I
PRELIMINARY

Short title

This Act may be cited as the Integrity in Public Life Act, 2023.

Interpretation

In this Act, “Anti-Corruption and Anti-Terrorism Agency” means the body corporate established by section 4 of the Anti-Corruption and Anti-Terrorism Agency
Act, 2021 (Act 2021-5); “appointed day” means the day on which this Act comes into operation; “assets” means all property, including any right or interest in property, held by a
person in Barbados or elsewhere; “benefit” includes any property, service or advantage, whether direct or indirect; “Chairman” means the chairman of the Commission appointed in accordance
with the First Schedule; “child”, in relation to a person, means any child of the person and includes a stepchild and an adopted child and, in respect of a man, includes a child
(a) in respect of whom the man has been adjudged the father by a court of competent jurisdiction; or
(b) who the man has acknowledged to be his child; “Code of Conduct” means the Code of Conduct for Persons in Public Life referred
to in section 25; “Commission” means the Integrity Commission established by section 3;
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
“declaration” means a declaration filed or required to be filed pursuant to section 11 and includes any statement or other information filed or required to be filed with such a declaration;
“dependent child” means any child of a person, whether a minor or not, who is unmarried and is being maintained by the person;
“disclosure order” means an order made under section 42(1);
“document” includes
(a)
anything on which there is writing;

(b)
a map, plan, drawing or photograph; and

(c)
any information recorded or stored by means of any tape recorder, computer or other device, and any material subsequently derived from the information so recorded or stored;

“Head of Department” has the meaning assigned to it by section 2 of the Public Service Act, Cap. 29;
“income” includes
(a)
money or money’s worth derived from whatever source or acquired in Barbados or elsewhere, whether directly or indirectly; and

(b)
all receipts by way of salary, fees, wages, requisitions, profits, grants, emoluments, rents, interest, commissions, bonuses, pensions, annuities or benefits;

“investigative officer” means a person designated as such under section 10(1);
“liabilities” means all the obligations of a person to pay money or to provide goods or services in Barbados or elsewhere;
“member of the House of Assembly or the Senate”, as the case may be, shall be construed to include, in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
of Assembly is held, a person who was a member of the House of Assembly or the Senate, as the case may be, before the dissolution of Parliament;
“Permanent Secretary” has the meaning assigned to it by section 2 of the Public Service Act, Cap. 29;
“person exercising public functions” means
(a)
a specified person in public life;

(b)
a public officer;

(d)
any other person who holds a legislative, executive, administrative or judicial office in the Government of Barbados, whether appointed or elected, permanent or temporary or paid or unpaid, except a person who is appointed to an office listed in paragraph 1(a), (b) or (c) of Part II of the Second Schedule before the appointed day;

“privileged material” means
(a)
communications between an attorney-at-law and his client or any person representing his client, made in connection with the giving of legal advice to the client;

(b)
communications between an attorney-at-law and his client or any person representing his client, or between such an attorney-at-law or his client or any such representative and any other person, made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(i)
in connection with the giving of legal advice; or

(ii)
in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
when the communications or materials are in the possession of a person who is entitled to such possession and are not held with the intention of furthering a criminal purpose;
“prohibited interest” means an interest in a contract with the Government or a state-owned enterprise, the acquisition of which by a specified person in public life is prohibited by rules made under section 22;
“property” includes money and all other property whether real, personal or things in action;
“public officer” has the meaning assigned to it by section 2 of the Public Service Act, Cap. 29;
“senior officer”, in relation to the Commission, means an employee of the Commission who is at or above the rank of Secretary to the Commission;
“specified person in public life” means a person listed in Part I or Part II of the Second Schedule;
“spouse”, in relation to a specified person in public life, means a person
(a)
to whom the specified person in public life is married; or

(b)
with whom the specified person in public life is in a union other than marriage;

“statement of registrable interests” means a statement described in section 18(1); “state-owned enterprise” means
(a)
a company within the meaning of section 2(1) of the Companies Act, Cap. 308; or

(b)
a statutory board,
listed in Part III of the Second Schedule;

“union other than marriage” has the meaning assigned to it by section 39 of the Family Law Act, Cap. 214.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
PART II
INTEGRITY COMMISSION

Establishment of Integrity Commission
3.(1) There is established a body corporate to be known as the Integrity Commission.
(2)
Section 21 of the Interpretation Act, Cap. 1 applies to the Commission.

(3)
The First Schedule has effect with respect to the constitution of the Commission and otherwise in relation thereto.

(4)
The members of the Commission are entitled to such remuneration and allowances as the Minister responsible for Finance determines.

(5)
Subject to this Act, the Commission may regulate its own procedure and may make rules for the purpose.

Functions of Commission 4.(1) The functions of the Commission are
(a)
to receive, keep on record, examine and inquire into all declarations, statements of registrable interests and reports of gifts filed with it under this Act;

(b)
to request such information and conduct such investigations and inquiries as may be necessary to verify or determine the accuracy of all such declarations, statements of registrable interests and reports of gifts;

(i)
any alleged contravention of this Act or the Code of Conduct;

(ii)
any acquisition by any specified person in public life of a prohibited interest; and

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(iii) any alleged offence under this Act or any other enactment that assigns responsibility for the investigation of offences to the Commission;
(d)
to examine the practices and procedures of public authorities to determine whether such practices and procedures are likely to facilitate the occurrence of acts of corruption and to recommend appropriate changes in such practices and procedures, except where there is a statutory duty on any other person to perform such functions; and

(e)
to perform such other functions as may be required by this Act or any other enactment.

(2)
In the discharge of its functions, the Commission shall not be subject to the direction or control of any person or authority.

(3)
The President may in writing require the Commission to inquire into or investigate any matter within the scope of its functions.

Consultation

The Commission may consult with any person in the discharge of its functions, including in the conduct of an investigation or inquiry.

Agreements and exchange of information with law enforcement agencies
6.(1) The Commission may enter into such written agreements, arrangements or memoranda of understanding with a law enforcement agency as the Commission considers necessary or desirable for the discharge of its functions.
(2)
The Commission shall be treated as a law enforcement agency for the purpose of receiving disclosures of information which are relevant to its functions from any law enforcement agency.

(3)
Subject to section 51, the Commission may disclose to a law enforcement agency any information disclosed to the Commission.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(4) The Financial Intelligence Unit referred to in section 9(1) of the Money Laundering and Financing of Terrorism (Prevention and Control) Act, 2011
(Act 2011-23) and foreign financial intelligence units, by whatever name called, shall be treated as law enforcement agencies for the purpose of this section, regardless of whether they operate as enforcement or administrative entities.
(5)
In this section “law enforcement agency” includes a foreign law enforcement agency.

Funds of Commission
7.(1) The Commission shall have such funds as may be voted by Parliament.

(2)
The Commission shall keep proper accounts of its receipts, payments, assets and liabilities and those accounts shall be audited annually by the Auditor-General.

Annual reports
8.(1) The Commission shall, before the commencement of each financial year, prepare and forward to the Prime Minister a report of its activities during the previous financial year, including a statement of its accounts audited in accordance with section 7(2).
(2) A copy of the report, together with the Auditor-General’s report, shall be laid in Parliament.

Staff of Commission
9.(1) The Commission may employ such staff and retain the services of such persons as it requires for the discharge of its functions, on such terms and conditions as it determines appropriate.
(2) The Statutory Boards (Pensions) Act, Cap. 384 applies to employees of the Commission with such modifications and adaptations as may be necessary.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Investigative officers
10.(1) The Commission may designate such staff as it determines appropriate as investigative officers and may issue to such officers an identification card, which shall be prima facie evidence of the designation of the officers.
(2)
An investigative officer may conduct an investigation into any matter, whether or not involving an alleged offence, in respect of which the Commission discharges functions under this Act or any other enactment.

(3)
Notwithstanding subsections (1) and (2), the Commission may, where it considers it appropriate to do so, require the Anti-Corruption and Anti-Terrorism Agency to conduct an investigation on its behalf.

PART III
DECLARATIONS

Declaration of financial affairs by specified persons in public life 11.(1) A person who
(a)
is a specified person in public life shall, within 90 days of the appointed day and on or before the biennial anniversary of the appointed day;

(b)
becomes a specified person in public life shall, within 90 days from the date on which he becomes a specified person in public life;

(c)
ceases to be a specified person in public life shall, within 90 days from the date on which he ceases to be a specified person in public life,

file in accordance with subsection (3), a declaration containing the particulars set out in subsection (5).
(2) Notwithstanding subsection (1)(a), a person who files a declaration under subsection (1)(b) in a particular year is not required to file another declaration in the same year.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(3)
A specified person in public life whose office is listed in

(a)
Part I of the Second Schedule, shall file his declaration with the Commission;

(b)
Part II of the Second Schedule, shall file his declaration with the President.

(4)
The Commission may, in exceptional circumstances, grant to a specified person in public life required to file a declaration with it, an extension of the period for filing the declaration of up to 6 months, beginning on the day that the declaration is required to be filed.

(5)
A declaration shall be in the Form 1 set out in the Third Schedule and shall give full, true and complete particulars of

(a)
the income, assets and liabilities of the specified person in public life; and

(b)
the income, assets and liabilities of his spouse and dependent children.

(6)
A declaration may be accompanied, where a specified person in public life so desires, by a statement giving details of his income, assets and liabilities certified by an accountant.

(7)
Where a specified person in public life dies, there is no obligation on the personal representative of his estate to file the declaration which the specified person in public life would have been required to file had he lived.

(8)
For the avoidance of doubt, this Part applies to a person who ceases to be a specified person in public life but is required to file a declaration pursuant to subsection (1)(c) as it applies to any other specified person in public life.

(9)
The President has, in respect of a specified person in public life who is required to file a declaration with him and any declaration so filed, the same functions that the Commission has in this Act in respect of a specified person in public life who is required to file a declaration with it and any declaration so filed.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Full disclosure

A specified person in public life shall disclose in his declaration such details in respect of his income, assets and liabilities and those of his spouse and dependent children as, by the exercise of reasonable care, should be known to him including
(a)
any benefit accruing to his income and assets and those of his spouse and dependent children; and

(b)
any income, assets and liabilities acquired, held or incurred by any other person as agent or on behalf of himself and his spouse and dependent children or any of them.

Trust property

Where a specified person in public life holds any money or other property in trust for a person who is not his spouse or child or another specified person in public life, he shall so state in his declaration but he shall not be required to disclose the terms of the trust.

Blind trusts
14.(1) A specified person in public life may place all or part of his assets in a blind trust for the purpose of this Act and upon doing so, where his office is listed in
(a)
Part I of the Second Schedule, he shall file a copy of the trust deed with the Commission;

(b)
Part II of the Second Schedule, he shall file a copy of the trust deed with the President.

(2) Where the Commission or the President, as the case may be, has reasonable grounds to believe that a specified person in public life who is required to file a
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
declaration is likely to contravene or has contravened the Code of Conduct, the Commission or the President may direct the person to
(a)
place all or part of his assets in a blind trust on such terms and conditions as are considered appropriate; and

(b)
file a copy of the trust deed in accordance with subsection (1).

(3)
Where a specified person in public life places assets in a blind trust, he shall not be required to provide in his declaration more particulars of the assets than the amount and description of the assets and the date on which they were placed in the trust.

(4)
Notwithstanding any other law relating to the duties of trustees, a qualified trust company which manages the assets of a specified person in public life by way of a blind trust shall reply fully to any inquiries of the Commission or the President, as the case may be, relating to the nature and management of the assets.

(5)
A blind trust is created where a specified person in public life enters into an agreement with a qualified trust company whereby

(a)
all or any part of his assets or those of his spouse or his children are conveyed to the qualified trust company for the management, administration and control thereof in its absolute discretion without recourse or report to the person beneficially entitled to the assets;

(b)
income derived from the management of the assets is to be distributed, in accordance with the agreement, to him, his spouse or his children until he ceases to be a specified person in public life; and

(c)
after he ceases to be a specified person in public life, proper and full accounting is to be made to him, his spouse or his children as the circumstances of the management of the trust require.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(6) For the purpose of this section
(a)
a trust company is a qualified trust company where

(i)
it is incorporated in or outside Barbados and is carrying on business in Barbados;

(ii)
no more than 5 per cent of the stated capital in the trust company or its affiliate is held or controlled by the specified person in public life who enters into an agreement referred to in subsection

(5) with it, or by any other person associated with him; and
(iii) neither the specified person in public life nor his spouse nor any of his children hold any directorship or office in the trust company or its affiliate;

(b)
a company is an affiliate of another company where it holds more than 5 per cent of the stated capital in that other company or where that other company holds more than 5 per cent of the stated capital in the first mentioned company;

(i)
the spouse or child of the person;

(ii)
the partner of the person in a profession, trade or commercial undertaking; or

(iii) a corporation, and the first mentioned person or any person mentioned in subparagraph (i) controls the corporation, its holding corporation or a corporation affiliated with either.

Examination of declarations
15.(1) The Commission shall examine every declaration it receives in order to determine whether the declaration is a complete and accurate statement of the financial affairs of the specified person in public life who filed it.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(2) Where the Commission
(a) is satisfied that the declaration
(i)
has been fully made and all questions satisfactorily answered; or

(ii)
is incomplete but the specified person in public life cannot reasonably obtain the information required to complete it,

the Commission shall forward to the specified person in public life a certificate of compliance in the Form 2 set out in the Third Schedule and, at the request of the person, publish a statement regarding its satisfaction with the declaration in the Official Gazette and in a daily newspaper in general circulation in Barbados; or
(b) is not satisfied with any aspect of the declaration, the Commission may report the matter to the appropriate Service Commission, board or other authority and to the Director of Public Prosecutions, setting out such details as it considers appropriate.

Publication of failure to file declaration or furnish information
16.(1) Where a person who is required to file a declaration with the Commission in accordance with this Part or to furnish particulars or other information or documents to the Commission in accordance with section 31 fails to do so, the Commission shall
(a)
publish that fact in the Official Gazette and in a daily newspaper in general circulation in Barbados; and

(b)
report the matter to the appropriate Service Commission, board or other authority and to the Director of Public Prosecutions, setting out such details as it considers appropriate.

(2) Subsection (1)(a) does not apply to a specified person in public life who holds an office set out in Part II of the Second Schedule.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
Offences in respect of declarations 17.(1) A person who, without reasonable cause
(a)
fails to file a declaration that he is required to file; or

(b)
fails to comply with a direction given under section 14(2) within the time specified therefor,

is guilty of an offence and is liable, on summary conviction, to a fine of $50 000.
(2) A person who
(a)
knowingly files a declaration that is incomplete or false in any material particular; or

(b)
knowingly gives any false or incomplete information in a trust deed filed under section 14,

is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for one year or to both.
(3)
Where an offence referred to in subsection (1)(a) or (2)(a) involves the non-disclosure, by a specified person in public life, of property which should have been disclosed in a declaration, the magistrate shall order the specified person in public life to make full disclosure of the property within a specified period.

(4)
Where a specified person in public life fails to comply with an order made under subsection (3) within the specified period, the offence shall be deemed to be a continuing offence and the specified person in public life shall be liable to a further fine of $3 000 for each day on which the offence continues.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
PART IV
REGISTRABLE AND PROHIBITED INTERESTS

Filing of statements of registrable interests
18.(1) Every member of the House of Assembly and of the Senate shall file with the Commission, in addition to his declaration, a statement that contains the following information in respect of the member, his spouse and his children:
(a)
particulars of any directorships held in any company or other body corporate;

(b)
particulars of any contract made with the Government or a state-owned enterprise;

(d)
a concise description of any trust in respect of which the person is a beneficiary or trustee;

(e)
any beneficial interest held in land;

(f)
any fund to which the person contributes;

(g)
particulars of any political, trade or professional association to which the person belongs;

(h)
particulars of any sources of income; and

(i)
any other substantial interest, whether of a pecuniary nature or not, which the member considers may appear to raise a material conflict between his private interest and his public duty.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(2)
Every member of the House of Assembly and of the Senate shall file his statement of registrable interests in the Form 3 set out in the Third Schedule within 90 days after

(a)
the day on which he becomes a member, in respect of his interests on the day on which he becomes a member; and

(b)
the 31st day of December in each year during any part of which he is a member, in respect of his interests on the 31st day of December in that year.

(3)
Notwithstanding subsection (2)(b), a member who files a statement of registrable interests in the period of 6 months preceding the 31st day of December in a particular year is not required to file another such statement for that same year.

(4)
Where a member dies, the personal representative of his estate is not required to file the statement of registrable interests which the member would have been required to file, had he lived.

(5)
Nothing in this section shall be taken to require disclosure of the actual amount or extent of any financial benefit, contribution or interest.

(6)
The Commission shall examine every statement of registrable interests it receives in order to determine whether it is complete and accurate.

Record of statements of registrable interests etc.
19.(1) The Commission shall keep a record, in such form as it considers appropriate, of all statements of registrable interests and other information furnished by members of the House of Assembly and of the Senate under this Part.
(2) Every member of the House of Assembly and of the Senate shall notify the Commission of any change which occurs in his interests, or those of his spouse or children, within 6 weeks of the change.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Offences in respect of statements of registrable interests
20.(1) A member of the House of Assembly or the Senate who, without reasonable cause, fails to file a statement of registrable interests that he is required to file is guilty of an offence and is liable, on summary conviction, to a fine of $50 000.
(2)
A member of the House of Assembly or the Senate who knowingly files with the Commission a statement of registrable interests that is incomplete or false in any material particular is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for one year or to both.

(3)
Where an offence referred to in subsection (1) or (2) involves the nondisclosure, by a member of the House of Assembly or the Senate, of information which should have been disclosed in a statement of registrable interests, the magistrate shall order the member to make full disclosure of the information within a specified period.

(4)
Where a member of the House of Assembly or the Senate fails to comply with an order made pursuant to subsection (3) within the specified period, the offence referred to in subsection (1) or (2) shall be deemed to be a continuing offence and the member shall be liable to a further fine of $3 000 for each day on which the offence continues.

Disqualification of member from holding public office

A member of the House of Assembly or the Senate who is convicted of an offence under section 17 or 20 is liable, in addition to any other penalty prescribed by law, to be disqualified from holding any public office for a period of 10 years from the date of conviction for the offence.

Prohibited interests
22.(1) The Commission shall make rules prescribing the circumstances in which the acquisition by a specified person in public life of an interest in a contract with the Government or a state-owned enterprise is prohibited.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(2) The Commission shall not issue a determination that a specified person in public life has acquired a prohibited interest where the person notifies the Commission of the interest and the Commission is of the opinion that the interest
(a)
is unlikely to affect the person’s obligations under the Code of Conduct; or

(b)
is likely to affect the person’s obligations under the Code of Conduct but that the person, his spouse or child, as the case may be, has divested himself of the interest or has placed it in a blind trust on such terms and conditions as the Commission considers appropriate.

PART V
GIFTS

Reports on gifts
23.(1) A specified person in public life listed in Part I of the Second Schedule who receives a gift worth more than $2 500, or whose spouse or child receives such a gift, shall make a report of that fact to the Commission in the Form 4 set out in the Third Schedule and shall state in the report
(a)
the name and address of the donor;

(b)
the description and approximate value of the gift; and

(2)
A specified person in public life listed in Part II of the Second Schedule shall, in the circumstances described in subsection (1), make the report referred to in that subsection to the President.

(3)
This section does not apply to a personal gift received by a specified person in public life from a relative or friend.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(4)
A specified person in public life who is unsure whether a gift received from a relative or friend is a personal gift or an official gift may apply to the Commission seeking an opinion as to the proper classification of the gift.

(5)
A specified person in public life shall make a report or an application under subsection (1), (2) or (4) within 30 days of the receipt of the gift.

(6)
The Commission shall determine whether the gift is a personal gift or an official gift and such decision shall be final.

(7)
Where the Commission finds that

(a) a gift was given to a specified person in public life personally and
(i)
was trivial; or

(ii)
was not trivial but was not intended to be a motive or reward for doing or forbearing to do anything in the course of the discharge of his official functions or for causing any other person to do or forbear from doing anything,

the Commission shall allow the specified person in public life to retain the gift; or
(b) a gift was not of the kind described in paragraph (a), the Commission shall in writing direct the specified person in public life to deliver the gift or its value to the Minister responsible for Finance within a specified period not exceeding 30 days, and the specified person in public life shall comply with the direction within the time so specified.
(8)
Nothing in this Part shall be taken to alter any law, rule or decision which prohibits a particular specified person in public life or class of specified persons in public life from receiving gifts in the course of discharging official functions.

(9)
The President has, in respect of a specified person in public life who is required to make a report to him under subsection (2) and any report so made, the same functions that the Commission has in this Act in respect of a specified person in public life who is required to make a report to it under subsection (1) and any report so made.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(10) The Minister may by order subject to negative resolution prescribe, for the purposes of subsection (1), a monetary value other than the value specified in that subsection.
Offences in respect of gifts 24.(1) A specified person in public life who, without reasonable excuse
(a)
fails to comply with section 23(1) or (2), as the case may be; or

(b)
fails to comply with a direction given under section 23(7),

is guilty of an offence and is liable, on summary conviction, to a fine, which shall not be more than three times the value of the gift involved in the commission of the offence.
(2)
A specified person in public life who knowingly makes a report pursuant to section 23(1) or (2) that is incomplete or false in any material particular is guilty of an offence and is liable, on summary conviction, to a fine, which shall not be more than three times the value of the gift involved in the commission of the offence or to imprisonment for 6 months or to both.

(3)
No prosecution for an offence under subsection (1) shall be instituted after 5 years from the date when the person alleged to have committed the offence ceased to be a specified person in public life.

PART VI
CONDUCT IN PUBLIC LIFE AND CONTRAVENTIONS OF ACT

Code of Conduct
25.(1) Every person exercising public functions shall comply with the Code of Conduct for Persons in Public Life set out in the Fourth Schedule.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(2)
The Commission shall, where it has reasonable grounds to suspect or it receives a complaint that the Code of Conduct has been contravened, inquire into and report on the matter.

(3)
Where the Commission determines that a person has contravened the Code of Conduct, it may include in its report any recommendations as to punishment or disciplinary measures that it considers appropriate.

(4)
Subsection (1) does not derogate from the obligations of a public officer under the Code of Conduct and Ethics established by section 11 of the Public Service Act, Cap. 29.

Duty to report contravention of Act
26.(1) A person exercising public functions who knows or suspects that another person has been, is or is likely to be engaged in a contravention of the Code of Conduct shall report his knowledge or suspicion to the Commission in the form of a complaint.
(2) A person who, without reasonable excuse, fails to report his knowledge or suspicion as required by subsection (1) is guilty of an offence and is liable, on conviction on indictment, to a fine of $50 000.

Complaint to Commission regarding contravention of Act

A person who makes a complaint to the Commission pursuant to section 26 shall state
(a)
the particulars of the contravention;

(b)
the nature of the evidence that he proposes to produce in support of the complaint; and

Oral complaints to be put into writing

The Commission shall ensure that any oral complaint it receives is put into writing by one of its employees.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Examination of complaints

The Commission may, upon examination of a complaint
(a)
reject the complaint where it considers that the complaint is frivolous or does not relate to a matter the Commission is empowered to address; or

(b)
conduct an inquiry into the complaint.

Offences in respect of false complaints

A person who knowingly makes a false allegation or maliciously provides false information related to a contravention of this Act is guilty of an offence and is liable
(a)
on summary conviction to a fine of $50 000 or to imprisonment for one year or to both;

(b)
on conviction on indictment to a fine of $100 000 or to imprisonment for 2 years or to both.

PART VII
POWER TO REQUIRE FURTHER INFORMATION AND TO CONDUCT INQUIRIES

General powers of Commission to investigate or inquire
31.(1) The Commission may take any action specified in subsection (2) where it considers it necessary in order to determine whether
(a)
a declaration is a complete and accurate statement of the financial affairs of the specified person in public life who filed it;

(b)
a statement of registrable interests is complete and accurate;

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(c)
a specified person in public life has acquired a prohibited interest;

(d)
a gift given to a specified person in public life is a personal gift or an official gift;

(e)
a person exercising public functions has contravened the Code of Conduct; or

(f)
a person has otherwise contravened this Act.

(2)
For the purposes of subsection (1)(a) to (f), the Commission may

(a)
make such independent inquiries as it considers appropriate;

(b)
in writing request any specified person in public life or other person exercising public functions involved to furnish such further particulars or other information or documents as it considers appropriate; or

(c)
conduct an inquiry and require the person involved to attend before it to answer any questions and to be heard on any matter relating to the subject of the inquiry.

(3)
A person who receives a request pursuant to subsection (1)(b) shall comply with the request within the time the Commission specifies.

Conduct of inquiries
32.(1) The Commission shall conduct inquiries in private.

(2)
A person whose conduct is the subject of an inquiry or who is in any way implicated or concerned in a matter under inquiry

(a)
is entitled to be represented at the inquiry by an attorney-at-law or such other person as he chooses, and any other person who desires to be so represented may, by leave of the Commission, be represented in that manner; and

(b)
may require the Commission to summon witnesses in relation to the inquiry.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(3)
The Commission shall not take an adverse decision against a person whose conduct is the subject of an inquiry or who is in any way implicated or concerned in a matter under inquiry without giving the person an opportunity to be heard.

(4)
An inquiry shall not be commenced after 5 years from the date on which a person ceases to be a specified person in public life or other person exercising public functions, as the case may be.

Commission’s powers to summon and examine witnesses
33.(1) The Commission shall, in respect of an inquiry, have the powers of a judge of the Supreme Court to summon witnesses and to call for the production of documents.
(2)
A summons to attend an inquiry to give evidence or to produce documents

(a)
shall be

(i)
in such form as the Commission may determine;

(ii)
issued under the hand of the Chairman or another member of the Commission; and

(iii) served on a person by handing it to or leaving it with the person, or in such other manner as the Commission may direct to ensure that it is brought to the attention of the person; and

(b)
may be served by a person authorized by the Commission for the purpose.

(3)
The Commission may

(a)
require that any facts, matters or things relating to the subject of an inquiry be verified or otherwise ascertained by the oral examination of witnesses; and

(b)
cause any witnesses and parties concerned to be examined on oath.

(4)
The Chairman or the Secretary of the Commission may administer an oath for the purpose of subsection (3).

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(5) The Commission may, if it thinks fit, receive oral or written evidence but it is not bound by the rules of evidence in the Evidence Act, Cap. 121 and it may take into account opinion evidence and such facts as it considers relevant and material.

Duty of witnesses summoned
34.(1) A person summoned to attend to give evidence or to produce documents at any sitting of the Commission is bound to obey the summons served upon him as fully in all respects as witnesses are bound to obey subpoenas issued from the Supreme Court.
(2) A person who
(a)
without sufficient cause, refuses or omits to attend at the time and place mentioned in the summons served on him;

(b)
attends but leaves the Commission without the permission of the Commission;

(c)
without sufficient cause, refuses to answer or to answer fully and satisfactorily to the best of his knowledge and belief all questions put to him by or with the concurrence of the Commission;

(d)
without sufficient cause, refuses or omits to produce any document in his possession or under his control and mentioned or referred to in the summons served on him; or

(e)
at any sitting of the Commission, wilfully insults a member of the Commission or the Secretary of the Commission,

is guilty of an offence and is liable, on summary conviction, to a fine of $10 000 or to imprisonment for 6 months or to both.
(3) A person who gives evidence before the Commission shall
(a) notwithstanding subsection (2), not be compellable to incriminate himself; and
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(b) in respect of any evidence given by him before the Commission, be entitled to all privileges to which a witness giving evidence before the Supreme Court is entitled in respect of evidence given by the witness before the court.

Witness expenses
35.(1) A person summoned to attend to give evidence or to produce documents at any sitting of the Commission shall, where the Commission allows him expenses
(a)
be entitled to the same expenses as if he had been summoned to attend the Supreme Court on a criminal trial;

(b)
be paid

(i)
at such time and in such manner as the Minister responsible for Finance may direct; and

(ii)
as far as possible, by the same procedure as that for the payment of witnesses before the Supreme Court.

(2) The Commission may disallow the whole or any part of the expenses of a person referred to in subsection (1) in any case where the Commission thinks fit.

Marshals to attend Commission

The Chief Marshal may, where required by the Commission to do so, assign marshals to
(a)
attend proceedings of the Commission to preserve order;

(b)
perform such other duties as usually pertain to their office when in attendance upon the Supreme Court;

(d)
perform such other duties as the Commission may direct.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Inquiry reports etc.
37.(1) The Commission shall prepare a written report of its findings and determinations in respect of each inquiry it conducts and send a copy of the report, together with copies of any complaint and material documents submitted during the inquiry
(a)
to the person whose conduct was the subject of the inquiry; and

(b)
where that person is,

(i)
a public officer, to the Head of the Public Service, the appropriate Service Commission and the President;

(ii)
a member of the House of Assembly or the Senate, to the President and the Speaker of the House of Assembly or the President of the Senate, as the case may be;

(iii) the Head of the Public Service, to the President; and
(iv) concerned with any state-owned enterprise, to the state-owned enterprise and the Minister with responsibility for the enterprise; and

(2) Where a person is exonerated following an inquiry into an alleged contravention of this Act, the Commission shall
(a)
in writing inform the person who made the complaint and the person alleged to have contravened this Act of the finding of the inquiry; and

(b)
at the request of the person whose conduct was the subject of the complaint, publish the finding of the inquiry in the Official Gazette and in a daily newspaper in general circulation in Barbados.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Action by Director of Public Prosecutions
38.(1) The Director of Public Prosecutions shall, as soon as practicable after receiving any complaint, report or other document pursuant to this Act, in any case in which he considers that a person ought to be prosecuted for an offence, institute and undertake criminal proceedings against the person and inform
(a)
the Commission of any action taken following the receipt of the information;

(b)
the appropriate Service Commission, where the complaint relates to a public officer; and

(c)
the appropriate board or other authority with which the person alleged to have contravened this Act is employed or in respect of which he is a member.

(2)
Where criminal proceedings are commenced against a person exercising public functions, no disciplinary procedures shall be instituted pending the determination of the criminal proceedings.

(3)
The Director of Public Prosecutions may authorize any person having an official duty under this Act to furnish information to any officer of the court or member of the Police Force or any other person the Director of Public Prosecutions specifies.

(a) fails to comply with a request made under section 31(2)(b) within the time specified therefor; or

(b)
fails to attend an inquiry when summoned to do so, is guilty of an offence and is liable, on summary conviction, to a fine of $50 000.

Offences in respect of requests for information and inquiries 39.(1) A person exercising public functions who, without reasonable cause
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(2) A person exercising public functions who
(a)
knowingly gives any false or incomplete information pursuant to a request made under section 31(2)(b); or

(b)
knowingly gives false or incomplete information at an inquiry,

is guilty of an offence and is liable, on summary conviction, to a fine of $50 000 or to imprisonment for one year or to both.

President to appoint tribunal to perform functions
40.(1) The President shall appoint a tribunal consisting of a Chairman and not less than two other members to discharge the functions of the President under this Act other than a function under paragraph 1, 5, 6 or 7 of the First Schedule.
(2)
The members of the tribunal shall be selected by the President, after consultation with the Prime Minister, the Leader of the Opposition and the Chief Justice, from among persons who have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court.

(3)
Without prejudice to the generality of sections 11(9) and 23(9), sections 11(4), 14(2) and (4), 15, 16, 22, 23(4) to (7), 25(2) and (3), 26, 28, 29 and 31 to 38 apply to the President and a specified person in public life required to file a declaration with him or to make a report to him under section 11(3)(b) or 23(2), with such modifications and adaptations as may be necessary, as those sections apply to the Commission and other specified persons in public life, and the President has the same functions as the Commission in those sections.

(4)
Sections 51, 52 and 53 apply to the members of the tribunal appointed by the President under this section as those sections apply to the Commission and members of the Commission.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
PART VIII
INVESTIGATIONS
Powers of Investigative Officers

Power of arrest
41.(1) An investigative officer has, in carrying out his functions, the powers of a constable to arrest any person whom he reasonably suspects has committed an offence punishable by imprisonment under this Act or any other enactment that assigns responsibility for investigations to the Commission.
(2) An investigative officer shall, after making an arrest, deliver the person arrested to the custody of a member of the Police Force who shall immediately bring the person before a magistrate.

Disclosure orders
42.(1) Where on an application made by an investigative officer, a Judge in Chambers is satisfied that each of the requirements set out in subsection (3) is fulfilled, the judge may make an order authorizing the officer to give to any person the officer considers has relevant information, notice in writing requiring the person, with respect to any matter relevant to the investigation for the purposes of which the order is sought, to
(a)
answer any question, either at a time and place specified in the notice or at once;

(b)
provide any information specified in the notice, by a time and in a manner so specified;

(2) An application for a disclosure order shall be made without notice and shall state that a person specified in the application is subject to an investigation under
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
this Act or any other enactment that assigns responsibility for investigations to the Commission.
(3)
The requirements referred to in subsection (1) are that there are reasonable grounds for

(a)
suspecting that the person specified in the application has committed an offence under this Act or any other enactment that assigns responsibility for the investigation of offences to the Commission; and

(b)
believing that

(i)
information which may be provided in compliance with the order is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the order is sought; and

(ii)
it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

(4)
A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced to him.

(5)
A person who

(a)
without reasonable excuse, fails to comply with a requirement imposed on him under a disclosure order; or

(b)
in purported compliance with a requirement imposed on him under a disclosure order

(i)
makes a statement which he knows to be false or misleading in a material particular; or

(ii)
recklessly makes a statement which is false or misleading in a material particular,

is guilty of an offence.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(6)
An offence under subsection (5) is punishable upon summary conviction by

(a)
a fine of $10 000 or imprisonment for 2 years or both, where the offender is an individual;

(b)
a fine of $50 000, where the offender is a body corporate.

(7)
Subject to subsection (8), a statement made by a person in response to a requirement imposed by a disclosure order may not be used in evidence against the person in criminal proceedings.

(8)
Subsection (7) does not apply in the case of

(a)
proceedings for contempt of court;

(b)
a prosecution for an offence under subsection (6);

(d)
a prosecution for another offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in subsection (7).

(9)
A statement may not be used by virtue of subsection (8)(d) against a person unless

(a) evidence relating to it is adduced; or

(b)
a question relating to it is asked, by or on behalf of the person in the proceedings arising out of the prosecution.

(10)
A disclosure order has effect notwithstanding any obligation as to confidentiality or any other restriction upon the disclosure of information imposed by any enactment, rule of law or otherwise.

(11)
For the purposes of subsection (1), “relevant information” is information, whether or not contained in a document, which the investigative officer considers to be relevant to the investigation.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(12) Sections 145 and 148 of the Proceeds and Instrumentalities of Crime Act, 2019 (Act 2019-17) apply in respect of a disclosure order made under this section as those sections apply to a disclosure order made under that Act and for the purpose of this Act any reference in section 145 of that Act to a police officer shall be construed to include an investigative officer.

Search and seizure warrants
43.(1) Where on an application made by an investigative officer, a Judge in Chambers is satisfied of the circumstances set out in subsection (3), the judge may issue a warrant authorizing the officer to
(a)
enter and search the premises specified in the application for the warrant; and

(b)
seize and retain any material found on the premises which is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the application is made.

(2) An application for a search and seizure warrant shall
(a)
specify the person subject to investigation;

(b)
state that the warrant is sought for the purposes of the investigation;

(d)
specify the material in respect of which the warrant is sought or, where the material cannot be identified at the time of the application, state that there are reasonable grounds for believing that there is material on the premises that

(i)
relates to the person specified in the application or the question whether that person has committed an offence under this Act or any other enactment that assigns responsibility for the investigation of offences to the Commission; and

(ii)
is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the warrant is sought.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(3)
The circumstances referred to in subsection (1) are that

(a)
a disclosure order in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant; or

(b)
there are reasonable grounds for suspecting that the person specified in the application for the warrant has committed an offence under this Act or any other enactment that assigns responsibility for investigations to the Commission and

(i)
the conditions specified in subsection (4) are fulfilled; or

(ii)
the conditions specified in subsection (5) are fulfilled.

(4)
The conditions referred to in subsection (3)(b)(i) are that

(a)
there are reasonable grounds for believing that

(i)
any material on the premises specified in the application for the warrant is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the warrant is sought; and

(ii)
it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained; and

(b)
it would not be appropriate to make a disclosure order because

(i)
it is not practicable to communicate with any person against whom the disclosure order could be made;

(ii)
it is not practicable to communicate with any person who would be required to comply with an order to grant entry to the premises; or

(iii) the investigation might be seriously prejudiced unless an investigative officer is able to secure immediate access to the material.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(5)
The conditions referred to in subsection (3)(b)(ii) are that

(a)
there are reasonable grounds for believing where the material cannot be identified at the time of the application, that there is material on the premises specified in the application for the warrant that

(i)
relates to the person specified in the application or the question whether he has committed an offence under this Act or any other enactment that assigns responsibility for investigations to the Commission; and

(ii)
is likely to be of substantial value, whether or not by itself, to the investigation for the purposes of which the warrant is sought; and

(b)
there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained; and

(i)
it is not practicable to communicate with any person against whom a disclosure order could be made;

(ii)
entry to the premises will not be granted unless a warrant is produced; or

(iii) the investigation might be seriously prejudiced unless an investigative officer arriving at the premises is able to secure immediate entry to them.

(6)
A search and seizure warrant does not confer the right to seize privileged material.

Obstruction of investigative officer

A person who resists or obstructs an investigative officer in the execution of his duty is guilty of an offence and is liable, on summary conviction, to a fine of $10 000 or to imprisonment for 6 months or to both.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
Complaints regarding Investigative Officers

Complaints concerning conduct of investigative officers
45.(1) A person may address a complaint in writing to the Commission in respect of the conduct of an investigative officer in the discharge of the officer’s functions where the person
(a)
has been personally affected by the conduct;

(b)
has witnessed the conduct;

(d)
has been authorized by a person described in paragraph (a), (b) or (c) to make a complaint in that person’s name.

(2) The Commission shall refer a complaint made under subsection (1) to a panel appointed under section 46.

Appointment of complaints panel

The President may appoint an ad hoc panel consisting of
(a)
a judge or magistrate or a retired judge or magistrate, who shall be the chairman;

(b)
the Commissioner of Police, who shall hold office ex officio; and

to hear and adjudicate a complaint made under section 45.

Disposal of complaint without formal investigation
47.(1) A panel appointed under section 46 may direct that no investigation of a complaint be carried out where in its opinion
(a) the complaint is trivial, frivolous, vexatious or made in bad faith; or
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(b) having regard to all the circumstances, an investigation or further investigation is not necessary or reasonably practicable.
(2)
Where no direction is given under subsection (1), the panel and the Commission shall

(a)
consider whether the complaint can be disposed of informally; and

(b)
with the consent of the complainant and the investigative officer whose conduct is the subject matter of the complaint, attempt to dispose of the complaint informally rather than through a formal investigation.

(3)
Where a complaint is disposed of informally, the panel shall prepare and send the following documents to the complainant, the investigative officer and the Commission:

(a)
an overview of the facts that gave rise to the complaint;

(b)
the name of the person who conducted the informal disposition;

(d)
evidence of agreement to the disposition of the complaint by the complainant and the investigative officer.

Formal investigation of complaint
48.(1) Where a complaint is not disposed of informally, the Commission shall investigate the matter and send a complaint resolution report to the panel, the complainant and the investigative officer whose conduct is the subject matter of the complaint.
(2) The complaint resolution report shall contain
(a)
a summary of the complaint;

(b)
the results of the investigation;

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(d) a statement that the complainant may refer the complaint to the panel for review within 28 days of the receipt of the complaint resolution report where he is not satisfied with the disposition of the complaint by the Commission.
(3) A complainant who is not satisfied with a direction given under section 47(1) or with the disposition of his complaint by the Commission under subsection (1), may refer the complaint to the panel in writing within 28 days after the date on which he receives notice of the direction or the complaint resolution report; and the panel shall review every complaint so referred.
Review of complaints by panel 49.(1) Where, after reviewing a complaint, the panel
(a)
is satisfied with the disposition of the complaint by the Commission, the panel shall send to

(i)
the Commission, a complaint review report to that effect setting out such findings and recommendations with respect to the complaint as the panel sees fit; and

(ii)
the complainant and the investigative officer whose conduct is the subject matter of the complaint, a report of the conclusion of the review together with any finding or recommendation referred to in subparagraph (i); or

(b)
is not satisfied with the disposition of the complaint by the Commission or considers that further inquiry is warranted, the panel may take any or all of the following measures:

(i)
send a report to the Commission indicating the reasons for its dissatisfaction;

(ii)
request the Commission to conduct a further investigation into the complaint;

(iii) make such inquiries as it deems necessary in the circumstances;
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(iv)
investigate the complaint further;

(v)
institute a hearing to inquire into the complaint.

(2)
The panel shall, on completion of any further investigation, inquiry or hearing that it orders under subsection (1)(b) send to

(a)
the Commission, a complaint review report setting out

(i)
such findings with respect to the complaint as the panel sees fit; and

(ii)
such recommendations, including any disciplinary measures to be taken with regard to the investigative officer, as the panel sees fit; and

(b)
the complainant and the investigative officer, a report of the conclusion of the review, together with any finding or recommendation referred to in paragraph (a).

(3)
The Commission shall give effect to any recommendations in a complaint review report sent to it.

PART IX
MISCELLANEOUS

Commissioner of Police to assist Commission etc.

The Commissioner of Police shall provide to the Commission such assistance as it requests in connection with the discharge of its functions.

Confidentiality of information
51.(1) Any information received by any member or employee of the Commission in the discharge of the functions of such person under this Act including information contained in any document received by that person by virtue of this Act shall not be divulged by any such member or employee except
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
where the information is required to be produced for the purpose of complying with any other enactment or an order of any court or for the purpose of prosecution for an offence.
(2)
A person who contravenes subsection (1) is guilty of an offence and is liable, on conviction on indictment, to a fine of $100 000 or to imprisonment for 2 years.

(3)
A person who receives any information or anything contained in any document described in subsection (1), knowing or having reasonable ground to believe at the time when he receives it that it is communicated to him in contravention of this section, unless he proves that the communication to him of the information or anything contained in such document was contrary to his desire, is guilty of an offence and is liable, on conviction on indictment, to a fine of $100 000 or to imprisonment for 2 years.

(4)
Every member of the Commission and every person performing any function in the service of or as an employee of the Commission shall treat all records, and information relating to declarations, as secret and confidential and shall not disclose or communicate the text of any record, information or declaration to any unauthorized person or allow any unauthorized person to have access to any records, information or declarations.

(5)
A person who contravenes subsection (4) is guilty of an offence and is liable, on conviction on indictment, to a fine of $100 000 or to imprisonment for 2 years or to both.

Conflicts of interest
52.(1) Where a member of the Commission is interested in a matter before the Commission or in a person who is a party to proceedings before the Commission, the member so interested shall disclose the nature of his interest to the Commission and shall not participate in its sittings in relation to the matter or person.
(2) Where, in the opinion of the Commission, a member of the Commission is interested in a matter before the Commission or in a person who is a party to
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
proceedings before the Commission, the Commission shall direct the member not to participate in the sittings of the Commission in relation to the matter or person.

Protection from suit

No member or employee of the Commission shall be liable to any action or suit for any matter or thing done by him in good faith as a member or employee of the Commission or in the exercise of his functions or the course of his employment, as the case may be.

Oaths
54.(1) Every member of the Commission and every person appointed as a member of a tribunal by the President under this Act shall, before assuming the functions of his office, take before the President the applicable oath of office and oath of secrecy in the forms set out in Parts I and III, respectively, of the Fifth Schedule.
(2) Every person performing functions in the service of or as an employee of the Commission shall, before assuming the functions of his office, take before the Chairman, or in his absence, another member of the Commission, the applicable oath of office and oath of secrecy set out in the forms in Part II of the Fifth Schedule.
Amendment of Second and Third Schedules

The Minister may by order
(a)
amend Part III of the Second Schedule;

(b)
after consultation with the Commission, amend the Third Schedule.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Regulations

The Minister may make Regulations generally for giving effect to this Act and, in particular, for any matter
(a)
required to be prescribed by this Act; and

(b)
related to any report, investigation or inquiry under this Act.

Alteration of Constitution

Chapter VII and section 112 of the Constitution are amended to the extent necessary to give effect to this Act.

Commencement

This Act shall come into operation on a day to be fixed by Proclamation.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
FIRST SCHEDULE
(Sections 2, 3 and 40)
INTEGRITY COMMISSION

Members of Commission

The Commission shall consist of
(a)
a Chairman who shall be a person who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court, appointed by the President after consultation with the Prime Minister and the Leader of the Opposition;

(b)
an attorney-at-law with at least 10 years’ standing whose name appears on the Roll of Attorneys-at-law pursuant to the Legal Profession Act, Cap. 370A, appointed by the President after consultation with the Council of the Barbados Bar Association;

(c)
a chartered or certified accountant of at least 7 years’ standing appointed by the President after consultation with any body which, in his opinion, represents chartered or certified accountants in Barbados;

(d)
a member of the clergy appointed by the President after consultation with the Prime Minister and the Leader of the Opposition;

(e)
a person appointed by the President on the advice of the Prime Minister; and

(f)
a person appointed by the President on the advice of the Leader of the Opposition.

Disqualification from membership

A person who
(a) is a member of the House of Assembly or the Senate;
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(b)
would be disqualified in accordance with section 38 or 44 of the Constitution from being a member of the House of Assembly or the Senate;

(c)
has, at any time during the period of 5 years preceding the proposed date of his appointment, held office in a political party; or

(d)
has, at any time during the period of 3 years preceding the proposed date of his appointment, been a public officer,

is not qualified to be appointed as a member of the Commission.

Tenure of office

A member of the Commission shall
(a)
be appointed by instrument in writing;

(b)
subject to paragraphs 2, 5 and 6, hold office for a period of 3 years; and

Chairman
4.(1) The Chairman shall preside at all meetings of the Commission at which he is present.
(2) Where the Chairman is absent from any meeting, the members present and forming a quorum shall elect one among them to preside at the meeting.
Vacancy in membership of Commission 5.(1) The office of a member of the Commission shall become vacant
(a)
at the expiration of the term specified in the member’s instrument of appointment;

(b)
where he notifies the President in writing of his intention to resign his office; and the resignation shall take effect when the letter of resignation is received by the President;

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(c)
on the death, retirement or removal of the member; or

(d)
on the absence of the member from 3 consecutive meetings of the Commission, unless such absence is approved by the President.

(2) Where any vacancy occurs in the membership of the Commission, the vacancy shall be filled by the appointment of another person from the categories of persons in paragraph 1.

Removal of member
6.(1) A member of the Commission may be removed from office by the President for inability to discharge the functions of his office, whether arising from infirmity of mind or body or any other cause, or for misbehaviour, and shall not be removed except in accordance with this paragraph.
(2)
A member shall be removed from office by the President where the question of his removal is referred to a tribunal appointed under subparagraph

(3)
and the tribunal recommends to the President that the member should be removed for inability to discharge the functions of his office or for misbehaviour.

(3)
Where the President, after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removing a member ought to be investigated, the President shall appoint a tribunal to inquire into the matter, report on the facts thereof to him and recommend to him whether the member should be removed.

(4)
The tribunal referred to in subparagraph (3) shall consist of

(a)
a judge of the Supreme Court;

(b)
an attorney-at-law with at least 10 years’ standing whose name appears on the Roll of Attorneys-at-law pursuant to the Legal Profession Act, Cap. 370A; and

(5)
The tribunal shall give the member an opportunity to be heard as to why he should not be removed.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
(6)
Where the question of removing a member is referred to a tribunal, the President, after consultation with the Prime Minister and the Leader of the Opposition, may suspend the member from the exercise of the functions of his office.

(7)
A suspension may at any time be revoked by the President and shall in any case cease to have effect where the tribunal recommends to the President that the member should not be removed.

Proceedings and meetings
7.(1) Subject to subparagraph (4), the Commission shall meet at such times as it considers necessary or desirable for the discharge of its functions.
(2)
Four members form a quorum of the Commission.

(3)
The proceedings of the Commission shall not be affected by a vacancy among its members or a defect in the appointment of a member.

(4)
The President may in writing request the Commission to meet at such times as he thinks fit.

Secretary to the Commission
8.(1) There shall be a Secretary to the Commission.

(2)
The Secretary shall

(a)
attend the meetings of the Commission;.

(b)
record the proceedings of the Commission and keep the minutes of each meeting in proper form; and

Publication in the Official Gazette

The appointment, resignation and revocation of appointment or death of a member of the Commission shall be published in the Official Gazette.
INTEGRITY IN PUBLIC LIFE ACT, 2023-20
SECOND SCHEDULE
(Sections 2, 11, 14, 16, 23 and 55)
SPECIFIED PERSONS IN PUBLIC LIFE
PART I
Members of the House of Assembly and the Senate
Members of the Cabinet
Permanent Secretaries
Heads of Departments within the Public Service and holders of public offices in the same grade as that of such Heads of Department
Chairpersons of the state-owned enterprises listed in Part III
Chief Executive Officers, General Managers and other executive heads of the state-owned enterprises listed in Part III
Magistrates
Senior officers of the Commission

PART II

A person appointed to one of the following posts after the appointed day:
(a)
Judge of the Supreme Court

(b)
Director of Public Prosecutions

INTEGRITY IN PUBLIC LIFE ACT, 2023-20 55

Member of the Commission
PART III
Air Transport Licensing Authority
Barbados Accreditation Council
Barbados Agency for Micro-Enterprise Development Ltd.
Barbados Agricultural Credit Trust Ltd.
Barbados Agricultural Development and Marketing Corporation
Barbados Agricultural Management Co. Ltd.
Barbados Conference Services Ltd.
Barbados Community College
Barbados Defence Force
Barbados International Business Promotion Corporation
Barbados Investment and Development Corporation
Barbados National Oil Co. Ltd.
Barbados National Standards Institute
Barbados National Terminal Ltd.
Barbados Port Inc.

56 INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Barbados Revenue Authority
Barbados Tourism Investment Inc.
Barbados Tourism Marketing Inc.
Barbados Vocational Training Board
Barbados Water Authority
Caribbean Aircraft Handling Co. Ltd.
Caribbean Airways International Ltd.
Caribbean Broadcasting Corporation
Caves of Barbados Ltd.
Child Care Board
Community Legal Services Commission
Enterprise Growth Fund Ltd.
Fair Trading Commission
Financial Services Commission
Grantley Adams International Airport Inc.
Hotels and Resorts Limited (Gems of Barbados)
Kensington Oval Management Inc.
National Assistance Board

INTEGRITY IN PUBLIC LIFE ACT, 2023-20 57

National Conservation Commission
National Council on Substance Abuse
National Cultural Foundation
National Housing Corporation
National Insurance Board
National Petroleum Corporation
National Sports Council
Needham’s Point Development Inc.
Needham’s Point Holdings Ltd.
New Life Investment Company Inc.
Queen Elizabeth Hospital
Resolution Life Assurance Company Ltd.
Rural Development Commission
Sanitation Service Authority
Southern Meats Inc.
Student Revolving Loan Fund Management Committee
Technical and Vocational Education and Training Council
Transport Authority

58 INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Transport Board
Urban Development Commission

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
59

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
61

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
63

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
65

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
67

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
69

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
71

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
73

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
75

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
77

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
79

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
81

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
83

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
85

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
87

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
89

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
91

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
FOURTH SCHEDULE
(Section 25)
CODE OF CONDUCT FOR PERSONS IN PUBLIC LIFE

Use of office

A person exercising public functions
(a)
shall

(i)
ensure that he performs his functions and administers the public resources for which he is responsible in an effective and efficient manner;

(ii)
be fair and impartial in exercising his public functions; and

(iii) afford no undue preferential treatment to any person;

(b)
shall not

(i)
use his office for the improper advancement of his own or his family’s personal or financial interests or the interest of any other person;

(ii)
engage in any transaction, acquire any position or have any commercial or other interest that is incompatible with his office, function and duty or the discharge thereof;

(iii) use or allow the use of public property or services for activities not related to his public functions;
(iv)
directly or indirectly use his office for private gain; and

(v)
use his official influence in support of any scheme or in furtherance of any contract or proposed contract with respect to which he or a member of his immediate family has an interest.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

Use of information

A person exercising public functions shall not, for his personal advantage, benefit or gain, communicate to anyone or make use of any information or the contents of any document which was acquired in his official capacity and is not in the public domain.

Private interests and conflicts of interest
3.(1) A person exercising public functions shall not allow his private interest to conflict with or interfere with the proper discharge of his public functions or improperly influence his conduct in the discharge of his public functions.
(2)
A conflict of interest is deemed to arise where a person exercising public functions makes or participates in the making of a decision in the execution of his office and at the same time knows or ought reasonably to have known that in the making of the decision there was an opportunity either directly or indirectly to further his private interests or that of a member of his family or of any other person associated with him.

(3)
Where there is a possible or perceived conflict of interest, the person exercising public functions involved shall disclose his interest in accordance with such procedures as may be appropriate and disqualify himself from any decision-making process.

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
95

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
97

INTEGRITY IN PUBLIC LIFE ACT, 2023-20

INTEGRITY IN PUBLIC LIFE ACT, 2023-20
99

S.I. 2023 No. 56
DIRECTIONS GIVEN BY THE CHIEF TECHNICAL
OFFICER WITH THE APPROVAL OF THE
MINISTER RESPONSIBLE FOR ROAD
TRAFFIC UNDER REGULATION 88
OF THE ROAD TRAFFIC
REGULATIONS, 1984

These directions may be cited as the Road Traﬃ c (Barbados Rally Club, “Rally Speed Event”) Directions, 2023.
The following roads will be closed during the speciﬁ ed period:
On Sunday August 27, 2023
(a) Between the hours of 10.30 a.m. and 6.00 p.m. in the parish of Saint George, the section of road known as Drax Hall road, commencing from the junction with Byer Road (Highway 4), proceeding in a northerly direction on the said Highway 4, continuing in a northerly direction towards Drax Hall Greens road, proceeding north on Todds road, continuing in a westerly direction on Ellesmere road and ﬁnishing at the junction with Prerogative and St. Judes Roads.
Any person who contravenes these directions or fails to comply with the orders given by a member of the Barbados Police Service in uniform commits an oﬀence and is liable on summary conviction to a ﬁne of $500.00 or imprisonment for a term of six (6) months.
S.I. 2023 No. 56
These rules do not apply to vehicles used by the Barbados Police Service, the Fire Service or any Ambulance Service.
Given by the Chief Technical Oﬃ cer this 22nd day of August, 2023.
JASON BOWEN
Chief Technical Oﬃ cer.

Approved by the Minister this 23rd day of August, 2023.

S. BRADSHAW
Minister responsible for Transport, Works and Water Resources.

Gazette August 24, 2023 Part A Vol. CLVIII No. 87 w Acts Nos. 18-20 & S.I No. 56

The Latest Gazettes