Gazette August 4, 2023 Part A Vol. CLVIII No. 80 Act 16 & 17 with SI 54

Aug 4, 2023 | Acts, Part A, Statutory Instruments (SI's)

Act 2023-16: Supreme Court of Judicature (Amendment) Act, 2023. Act 2023-17: Central Bank of Barbados (Amendment) Act, 2023.
S.I.  2023 No. 54: Miscellaneous Controls (Control of   Prices) (General) (Amendment) (No. 7) Regulations, 2023.

SUPREME COURT OF JUDICATURE (AMENDMENT) ACT, 2023-16

I assent
S. MASON President of Barbados 3rd August, 2023.
2023-16
An Act to amend the Supreme Court of Judicature Act, Cap. 117A.
[Commencement: 4th August, 2023] ENACTED by the Parliament of Barbados as follows:
Short title

  1. This Act may be cited as the Supreme Court of Judicature (Amendment) Act, 2023.
    Insertion of section 89A into Cap. 117A
  2. The Supreme Court of Judicature Act, Cap. 117A, in this Act referred to as the principal Act, is amended by inserting immediately after section 89 the following new section:
    “Practice Directions
    89A.(1) The Chief Justice may

(a)
make practice directions in respect of criminal matters; and

(b)
by practice direction issue sentencing guidelines for the guidance of judges in the trial of criminal cases and judges shall comply with those guidelines.

(2) A practice direction referred to in subsection (1) shall be published in the Official Gazette. ”.
Amendment of the Fourth Schedule to Cap. 117A

  1. Paragraph 6 of the Fourth Schedule to the principal Act is deleted and the following is substituted:
    “Secretary
  2. A public officer shall, with the approval of the Prime Minister, be assigned to the Judicial Appointments Committee as Secretary. ”.

CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
Arrangement of Sections

  1. Short title
  2. Amendment of section 12 of Act 2020-30
  3. Amendment of section 13 of Act 2020-30
  4. Amendment of section 14 of Act 2020-30
  5. Amendment of section 15 of Act 2020-30
  6. Amendment of section 18 of Act 2020-30
  7. Amendment of section 24 of Act 2020-30
  8. Amendment of section 25 of Act 2020-30
  9. Amendment of section 32 of Act 2020-30
  10. Amendment of section 37 of Act 2020-30
  11. Repeal and replacement of section 41 of Act 2020-30
  12. Amendment of section 45 of Act 2020-30
  13. Amendment of section 62 of Act 2020-30
  14. Amendment of section 69 of Act 2020-30

CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17

  1. Amendment of section 78 of Act 2020-30
  2. Insertion of Second Schedule into Act 2020-30
    SCHEDULE

CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
BARBADOS
I assent
S. MASON President of Barbados 3rd August, 2023.
2023-17
An Act to amend the Central Bank of Barbados Act, 2020 (Act 2020-30).
[Commencement: 4th August, 2023] ENACTED by the Parliament of Barbados as follows:
Short title

  1. This Act may be cited as the Central Bank of Barbados (Amendment) Act, 2023.
    CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
    Amendment of section 12 of Act 2020-30
  2. Section 12 of the Central Bank of Barbados Act, 2020 (Act 2020-30), in this Act referred to as the principal Act, is amended
    (a)
    in subsection (1), by deleting the word “5” and substituting the word “6”;

(b)
in subsection (2), by deleting the words “accounting matters” and substituting the words “accounting or auditing matters”; and

(c)
by inserting the following subsection immediately after subsection (3):

“(4) The meetings of the Board shall be conducted in the manner specified in the Second Schedule.”.
Amendment of section 13 of Act 2020-30

  1. Section 13(2) of the principal Act is amended by deleting paragraph
    (l) and substituting the following:
    “(l) to make by-laws to regulate the procedures of the Board;
    (m)
    to adopt policies formulated by the Executive Committee in accordance with paragraph (c) of section 15(3);

(n)
to make regulations and issue orders for the purpose of giving effect to the provisions of this Act;

(o)
to amend, by Order, the Schedules to this Act.”.

Amendment of section 14 of Act 2020-30

  1. Section 14 of the principal Act is amended by deleting subsections
    (2) and (3) and substituting the following:
    CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
    “(2) A committee appointed under subsection (1) may make recommendations to the Board with respect to the performance of the relevant function.
    (3)
    Notwithstanding subsection (2), recommendations made by the committee shall not bind the Board.

(4)
A committee appointed under subsection (1) shall, on completion of the function, submit a report in writing as soon as practicable to the Board. ”.

Amendment of section 15 of Act 2020-30

  1. Section 15 of the principal Act is amended
    (a)
    in subsection (1), by deleting the words “2 Deputy Governors” and substituting the words “3 Deputy Governors”; and

(b)
by deleting paragraph (b) of subsection (3) and substituting the following:

“(b) the formulation, adoption and implementation of the monetary policy and the financial stability policy of the Bank;”.
Amendment of section 18 of Act 2020-30

  1. Section 18(1) of the principal Act is amended by deleting the words “2 Deputy Governors” and substituting the words “3 Deputy Governors”.
    Amendment of section 24 of Act 2020-30
  2. Section 24 of the principal Act is amended by deleting subsection (2) and substituting the following:
    CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
    “(2) Where there is a temporary absence or incapacity of a Director, the Minister may, on the recommendation of the Board, appoint a person to serve as a substitute for the Director until the expiry of the term of the Director or until a determination that the absence or the incapacity of the Director has ceased, whichever is earlier.”.
    Amendment of section 25 of Act 2020-30
  3. Section 25(2) of the principal Act is amended by
    (a)
    deleting the words “Governor-General” and substituting the word “President”; and

(b)
deleting paragraph (a) and substituting the following:

“(a) is unfit, absent without leave for a period of 3 consecutive months or otherwise incapable of carrying out his duties;”.
Amendment of section 32 of Act 2020-30

  1. Section 32(1) of the principal Act is amended by deleting the words “Governor-General” and substituting the word “President”.
    Amendment of section 37 of Act 2020-30
  2. Section 37 of the principal Act is amended by deleting subsection (2) and substituting the following:
    “(2) The Bank may
    (a)
    prescribe, by notice published in the Official Gazette, the fees that may be charged for services of the Bank referred to in subsection (1); and

(b)
forward a written notice of the fees to each financial institution at its principal place of business in Barbados.”.

CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
Repeal and replacement of section 41 of Act 2020-30

  1. The principal Act is amended by deleting section 41 and substituting the following:
    “Limitation on operations of foreign exchange
  2. The Bank may, in connection with the operations enumerated at section 40, deal only with such institutions as determined by the Board as part of the risk management policy of the Bank.”.
    Amendment of section 45 of Act 2020-30
  3. Section 45(1) of the principal Act is amended by
    (a) deleting paragraph (c) and substituting the following:
    “(c) subject to terms and conditions that the Bank establishes, provide to solvent but temporarily illiquid financial institutions or to solvent but temporarily illiquid systemically important financial institutions, loans in domestic or foreign currency for periods not exceeding 180 days, which are renewable only once at the discretion of the Bank and secured by collateral;”;
    (b) deleting paragraph (f) and substituting the following:
    “(f) lend to the Corporation on a short term basis under such conditions and amounts as the Bank determines and secured by an unconditional government guarantee that the Corporation may require to meet its obligations under the Deposit Insurance Act, Cap. 323 where such loans are for the purpose of addressing urgent situations which may negatively impact financial stability.”.
    CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
    Amendment of section 62 of Act 2020-30
  4. Section 62 of the principal Act is amended by deleting subsection (4) and substituting the following:
    “(4) Notwithstanding subsection (3), the Bank may acquire securities transferred to it by the Government in accordance with section 7 and section 43 and pursuant to the Debt Holder (Approval of Debt Restructuring) Act, 2018 (Act 2018-24).”.
    Amendment of section 69 of Act 2020-30
  5. Section 69 of the principal Act is amended by deleting subsection (5) and substituting the following:
    “(5) Where a person
    (a)
    intentionally or without justification fails to comply with a request for information under subsection (2);

(b)
intentionally or without justification fails to furnish, within the time specified by the Bank, any information or data requested by the Bank under subsection (2); or

(c)
knowingly supplies any information pursuant to a request made under subsection (2) which is incomplete or false in material particular,

that person is liable to pay to the Bank an administrative penalty of an amount not exceeding $10 000.
(6) Where the Bank seeks to impose an administrative penalty pursuant to subsection (5), the Bank shall issue an administrative
CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
penalty notice to the relevant person in such form as the Bank determines and the administrative notice shall
(a)
specify the act constituting the contravention and the penalty to be paid; and

(b)
require the person to whom it is addressed to pay the penalty within 30 days of the date of the notice.

(7)
A person who is in receipt of an administrative penalty notice issued pursuant to subsection (6) shall pay the amount of the penalty set out in the notice on or before the period specified in the notice.

(8)
Notwithstanding subsection (7), where the Bank is satisfied on grounds of undue hardship or any other reason that would be just and equitable to do so, the Bank may arrange with the person who is the subject of the penalty notice to pay the penalty stated in the notice in instalments.

(9)
An administrative penalty imposed pursuant to subsection (5) may be recovered as a debt due to the State in civil proceedings before a magistrate for District “A”.”.

Amendment of section 78 of Act 2020-30

  1. Section 78 of the principal Act is amended by deleting the word “Schedule” and substituting the words “First Schedule”.
    Insertion of Second Schedule into Act 2020-30
  2. The principal Act is amended by deleting the Schedule and substituting the Schedules as set out in the Schedule to this Act.
    10
    CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17

CENTRAL BANK OF BARBADOS (AMENDMENT) ACT, 2023-17
11

S.I. 2023 No. 54
Miscellaneous Controls Act
CAP. 329

MISCELLANEOUS CONTROLS (CONTROL OF PRICES) (GENERAL) (AMENDMENT) (NO. 7) REGULATIONS, 2023
The Minister, in exercise of the powers conferred on him by section 3 of the Miscellaneous Controls Act, makes the following Regulations:

  1. These Regulations may be cited as the Miscellaneous Controls (Control of Prices) (General) (Amendment) (No. 7) Regulations, 2023.
  2. The Schedule to the Miscellaneous Controls (Control of Prices) (General) Regulations, 2015 (S.I. 2015 No. 76) is amended by deleting the following items:

“Diesel Fuel”
“Gasolene”
“Kerosene”
“Liquefied Petroleum Gas”
appearing in the first column of the Schedule under the Article “PETROLEUM PRODUCTS” and all the words appearing opposite thereto in the columns marked “WHOLESALE PRICE” and “RETAIL PRICE” and substituting therefor the items set out in the Schedule to these Regulations, together with the wholesale and retail prices set out in respect of those items.

  1. These Regulations shall come into operation on the 7th day of August, 2023.
    S.I. 2023 No. 54
    ARTICLE
    PETROLEUM PRODUCTS: Diesel Fuel Gasolene Kerosene Liquefied Petroleum Gas
    SCHEDULE

WHOLESALE PRICE (not greater than)
$3.08177 per litre
$3.77872 per litre
$1.66168 per litre
(Regulation 2)

RETAIL PRICE

(not greater than)
$3.33 per litre $4.08 per litre $1.71 per litre $34.07 per cylinder
containing 20 lbs
$37.48 per cylinder containing 22 lbs $42.40 per cylinder containing 25 lbs
$149.19 per cylinder
containing 100 lbs

Made by the Minister this 2nd day of August, 2023.
L. CUMMINS
Minister responsible for Energy and Business