BARBADOS REVENUE AUTHORITY (APPEALS TRIBUNAL) (VALIDATION) ACT, 2024

OBJECTS AND REASONS

This Bill would validate the hearing and determination of appeals by the Barbados Revenue Appeals Tribunal presided over by a member other than the Chairman from the date of commencement of the Barbados Revenue AuthorityAct (Act 2014-1).

3

BARBADOS REVENUE AUTHORITY (APPEALS TRIBUNAL) (VALIDATION) ACT, 2024

Arrangement of Sections

  1. Short title

BARBADOS

A Bill entitled

An Act to validate the hearing and determination of appeals by the Barbados Revenue Appeals Tribunal presided over by a member other than the Chairman.

ENACTED by the Parliament of Barbados as follows:

6

Short title

1.

This Act may be cited as the Barbados Revenue Authority  (Appeals

Tribunal) (Validation) Act, 2024.

Validation

  • All appeals purported to have been heard and determined by the

Barbados Revenue Appeals Tribunal presided over by a member other than the Chairman between the date of the commencement of the Barbados RevenueAuthority Act (Act 2014-1) and the date of the commencement of this Act shall be deemed to have been lawfully heard and determined.

Read three times and passed the House of Assembly this day of        , 2024.

Speaker

Read three times and passed the Senate this               day of

, 2024.

President

LAW REVISION AND LAW REFORM (AMENDMENT) ACT, 2024

OBJECTS AND REASONS

This Bill would amend the Law Revision and Law Reform Act, 2019 (Act 2019-6) to give greater independence to the Law Reform Commission in its operations and for matters related thereto.

LAW REVISION AND LAW REFORM (AMENDMENT) ACT, 2024

Arrangement of Sections

  1. Short title

SCHEDULE CONSEQUENTIAL AMENDMENTS

BARBADOS

A Bill entitled

An Act to amend the Law Revision and Law Reform Act, 2019 (Act 2019-6) to give greater independence to the Law Reform Commission in its operations and for matters related thereto.

ENACTED by the Parliament of Barbados as follows:

Short title

1.

This  Act  may  be  cited  as  the  Law  Revision  and  Law    Reform

(Amendment) Act, 2024.

Insertion of new section 28A into Act 2019–6

Act referred to as the principal Act, is amended by inserting the following section after section 28:

“Expenses in relation to law revision

28A.

The expenses incurred for the purposes of the revision of the

law under this Act and generally in respect of the administration of this Act in relation to law revision, shall be paid out of such money as may be voted for that purpose by Parliament.”.

Repeal and replacement of Part III of Act 2019-6

(Act 2019-6), is deleted and the following is substituted:

“PART III LAW REFORM

Establishment of Law Reform Commission

29.(1)

(2)

There shall be a Law Reform Commission.

The Law Reform Commission is a body corporate to which

section 21 of the Interpretation Act, Cap. 1 applies.

Purpose of Law Reform Commission

30.            The purpose of the Law Reform Commission is to promote

reform of the law in Barbados.

Appointment of members of the Law Reform Commission

31.(1)

The  Attorney  General  shall  by  instrument,  appoint     a

Chairman and such other persons as appear to him be suitably qualified pursuant to subsection (2) to be Law Reform Commissioners.

  • A person appointed to be a Law Reform Commissioner under

subsection (1) shall be a person who holds or has held high judicial office or a person who is an experienced legal practitioner or an experienced teacher of law in a university.

  • A Law Reform Commissioner shall be appointed for such

period, not exceeding 5 years, and on such terms and conditions, including compensation, as may be determined by the Attorney- General at the time of his appointment.

  • A Law Reform Commissioner may at any time resign his office

by notice in writing addressed to the Law Reform Commissioner and that person who ceases to be a Commissioner shall be eligible for re- appointment.

  • Where a Law Reform Commissioner is unable to fully perform

his functions, the Attorney-General may appoint another person to be a Commissioner in his stead.

  • The appointment of a Judge as a member of the Law Reform

Commission does not affect the Judge’s tenure of the judicial office and for all purposes, the Judge’s service as a member shall be taken to be service as a Judge.

Functions of the Commission

32.(1)

The Law Reform Commission shall systematically keep the

law under review for the purpose of developing, modernizing and simplifying the law.

  • The Law Reform Commission shall have the following powers:
    • to receive and consider any suggestions or formal proposals for the reform of the law which may be made to the Commission;
    • to prepare and submit to the Attorney-General from time to time, programmes for the examination of different branches of the law with a view to reform, including recommendations as to whether such examination should be carried out by the Commission or some other body;
    • to undertake pursuant to any recommendations approved by the Attorney-General, the examination of particular branches of the law and the formulation of proposals for reform;
    • to provide at the instance of the Attorney-General, advice and information to Ministries and Departments of the Government and other authorities which are concerned with proposals for the amendment or reform of any branch of the law;
    • to obtain such information as to the laws and legal systems of other countries as appears to the Commission likely to facilitate the performance of any of its functions.
    • In the exercise of the functions specified under this Act, the Law

Reform Commissioners shall be subject to the general direction of the Attorney-General.

Director of the Law Reform Commission

33.(1)

The Law Reform Commission shall, with the approval of the

Attorney-General, appoint a Director of the Law Reform Commission for a term not exceeding 3 years on such terms and conditions as the Commission may determine.

  • The Director of the Law Reform Commission shall perform the

functions conferred on him by this Act and such other functions as may be conferred on him by the Law Reform Commission.

  • The Director of the Law Reform Commission is subject to the

directions of the Law Reform Commission and is responsible to the Commission for the management of its day-to day operations.

  • The Law Reform Commission shall pay the Director of the Law

Reform Commission such remuneration and allowances as the Commission determines.

Staff of the Law Reform Commission

34.(1)

The Law Reform Commission may employ such staff as it

considers necessary for the proper carrying into effect the provisions of this Act.

  • Staff of the Law Reform Commission shall be
    • employed on such terms and conditions; and
    • paid such remuneration,

as the Commission determines.

Pension rights and service

34A.(1)

Subject to sections (2) and (3), the employees of the    Law

Reform Commission shall be granted pension and related emoluments under the Pensions Act , Cap. 25 as if they were public officers.

  • Where
    • a public officer is transferred to an office in service of the Law Reform Commission; or
    • an officer of the Law Reform Commission is transferred to an office in the public service,

the Pensions Act, Cap. 25shall apply to that officer as if that officer’s service with the Law Reform Commission were other public service within the meaning of that  Act,  and  the  Pensions  Regulations,1947 (1947-20) shall apply to that officer accordingly.

Experts

34B.(1)

The  Law  Reform  Commission  may  appoint  or   engage

persons having special or technical knowledge to assist the Commission in carrying out its functions.

(2)       A person engaged pursuant to subsection (1) shall receive such

remuneration as the Law Reform Commission determines.

Specialized committees

34C.(1)

In performing any of its functions under section 32, the Law

Reform Commission may appoint committees to provide advice and information, and to consider and report on any matter referred to the Commission.

  • In appointing persons as members of a committee under

subsection (1), the Law Reform Commission shall not restrict consideration to members of the legal profession.

  • Persons appointed to a committee under this section shall

receive such remuneration as the Commission determines.

Law reform programme

34D.

The Chairman of the Law Reform Commission shall at the

beginning of each year, prepare a programme for Law Reform for that year and submit it to the Attorney-General no later than 31st January of that year.

Submission of report by Law Reform Commission

34E.(1)

The Law Reform Commission shall, in respect of every

calendar year, submit a report of its proceedings in respect of law reform to the Attorney-General.

  • The Attorney-General shall cause the report referred to in

subsection (1) to be laid before Parliament with any comments he thinks fit.

  • The report referred to in subsection (1) shall be published by the

Law Reform Commission after consultation with the Attorney-General.

Funds of the Law Reform Commission

34F.

There is established a Law Reform Commission Fund,  the

resources of which shall comprise of

  • such amounts as may be voted for the purpose by Parliament;
    • all other amounts which may become payable to or vested in the Commission in respect of any matter incidental to its functions; and
    • such other moneys as may become available to the Commission from any other source approved by the Minister.

Application of funds

34G.

The resources of the Fund referred to in section 34F,  shall

be applied towards discharging the obligations and the performance of any function of the Law Reform Commission under this Act.

Accounts and audit

34H.

The Law Reform Commissioner shall keep proper books of

account of its revenues, expenditures, assets and liabilities and implement International Accounting Standards and practices in accordance with the accounting standards and standing instructions issued by the Accountant-General under the Public FinanceManagement Act, 2019 (Act 2019-1).

Financial reports

34I.

The Law Reform Commission shall submit such reports and

information as required by Part IX of the Public Finance Management Act, 2019 (Act 2019-1).

Interpretation for the purposes of sections 34J and 34K

34J.

For  the  purposes  of  sections  34J  and  34K,       “former

commission” means the Law Reform Commission established before the commencement of this Part.

Transfer of assets and liabilities

34K.(1)

(a)

(b)

All

assets vested in the former commission before the commencement of this Part are transferred to and vested in; and

liabilities incurred by the former commission before the commencement of this Part are transferred to,

the Law Reform Commission to the same extent and interest and in the same manner as they were vested in the former commission.

(2)       All  contracts  entered  into  by  or  on  behalf  of  the    former

commission shall be deemed to have been entered into by or on behalf of the Law Reform Commission.

Appointments

34L.

All appointments made by the former commission before the

commencement of this Part, shall be deemed to have been made on behalf of the Law Reform Commission and shall continue to be of full force and effect until the date fixed in the instrument for the termination of the appointments.”.

Repeal section 35 of Act 2019–6

  • Section 35 of the principal Act is repealed.

Consequential amendments

  • The enactments set out in Column 1 of the Schedule are amended in

the manner specified in Column 2 of the Schedule.

Commencement

  • This Act shall come into operation on a date to be fixed by

proclamation.

SCHEDULE

CONSEQUENTIAL AMENDMENTS

Column 1                                           Column 2

Enactments                                        Amendments

(Section 6)

  1. Public Finance Management Act, 2019 (Act 2019-1)

The First Schedule is amended by inserting immediately after paragraph 13A the following:

“13A. Law Reform Commission”.

  • Statutory Boards (Pensions) Act, Cap. 384

The First Schedule is amended by inserting immediately after paragraph 9 the following:

“9A. Law Reform Commission

State Counsel”.

The Second Schedule is amended by inserting immediately after paragraph 9 the following:

“9A. The Law Reform Commission (established by the

Law Revision and Law Reform Act, 2019 (Act 2019-6).”.

Read three times and passed the House of Assembly this day of        , 2024.

Speaker

Read three times and passed the Senate this               day of

, 2024.

President

AFRICAN EXPORT-IMPORT BANK ACT, 2024

OBJECTS AND REASONS

This Bill would provide for the implementation of the

  • Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank; and
    • Agreement between the Government of Barbados and the African Export-Import Bank concerning the location of the Caribbean Community Office of the African Export-Import Bank.

AFRICAN EXPORT-IMPORT BANK ACT, 2024

Arrangement of Sections PART I PRELIMINARY

  1. Short title

PART II

FINANCIAL PROVISIONS RELATING TO THE PARTNERSHIP AGREEMENT

PART III

PROVISIONS RELATING TO THE CARIBBEAN COMMUNITY OFFICE OF THE BANK

  1. Regulations made by the bank to be gazetted
  1. Offence to contravene Bank’s regulations

FIRST SCHEDULE

Agreement between the Government of Barbados and the African Export-Import Bank concerning the location of the Caribbean Community Office of the African Export-Import Bank

SECOND SCHEDULE

Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank

BARBADOS

A Bill entitled

An Act to provide for the implementation of the

  • Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank; and
    • Agreement between the Government of Barbados and the African Export-Import Bank concerning the location of the Caribbean Community Office of the African Export-Import Bank.

ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title 1.

This Act may be cited as the African Export-Import Bank Act, 2024.

Interpretation

  • In this Act,

“Bank” means the African Export-Import Bank established by the Agreement establishing the African Export-Import Bank signed in Abidjan, Cote d’Ivoire on the 8th day of May, 1993 attached as Annex I of the Partnership Agreement;

“Caribbean Community Office Agreement” means the Agreement between the Government of Barbados and the African Export-Import Bank Concerning the Location of the Caribbean Community Office of the African Export- Import Bank, the text of which is set out in the First Schedule;

“Caribbean Community Office” has the meaning assigned to it in Article 1  (d)

of the Caribbean Community Office Agreement;

“Partnership Agreement” means the Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank signed by Barbados on the 1st day of September, 2022 at Bridgetown, Barbados, the text of which is set out in the Second Schedule;

PART II

FINANCIAL PROVISIONS RELATING TO THE PARTNERSHIP AGREEMENT

Financial provisions giving effect to the Partnership Agreement

3.(1)

All sums required to be paid by the Government for the purpose   of

meeting the obligations of Barbados under the Bank Agreement are hereby charged on and shall be paid out of the Consolidated Fund.

(2)       Any sums received by the Government from the Bank pursuant to the

Bank Agreement shall be paid into the Consolidated Fund.

Borrowing

4.(1)

The Minister may borrow from any person any sum or sums required

for payments under section 3 or for replacing any sum or sums paid out the Consolidated Fund pursuant to that section, and for the purpose of such borrowing, may create and issue any securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise, as he thinks fit.

  • The principal and interest of any securities issued under subsection (1)

and any expenses incurred in connection with their issue shall be charged on an paid out of the Consolidated Fund.

  • Any moneys raised by securities issued under subsection (1) shall be paid

into the Consolidated Fund.

Designation of depository

  • A depository for the holdings of the currency of Barbados and other

assets of the Bank may be designated as agreed upon with the Bank.

Certain provisions of Partnership Agreement given the force of law

  • The provisions of Articles II, V, VI, VII, VIII, IX, X, XI, XII, XIII,

XIV of the Partnership Agreement shall have the force of law in Barbados.

PART III

PROVISIONS RELATING TO THE CARIBBEAN COMMUNITY OFFICE OF THE BANK

Financial provisions giving effect to the Caribbean Community Office Agreement

  • All sums required to be paid by the Government for the purpose of

meeting the obligations of Barbados under the Caribbean Community Office Agreement are hereby charged on and shall be paid out of the Consolidated Fund.

Caribbean Community Office Agreement has the force of law

  • The Caribbean Community Office Agreement shall have force of law

in Barbados.

Exemption from the provisions of the Immigration Act, Cap. 190

persons mentioned in Parts IX, X, XI, XII of the Caribbean Community Office Agreement have effect in relation to such persons as so to

  • restrict their entry into Barbados;
    • regulate the conditions of their stay in Barbados ; or
    • prevent the entry into or require the removal from Barbados of any such person by reason of any activity performed by such person in his official capacity with respect to the Bank.

Regulations made by the bank to be gazetted

10.(1)

All regulations made by the Bank pursuant to Bank to Article V of the

Caribbean Community Office Agreement shall, as soon as possible after being made, be published in the Official Gazette and on such publication shall come into operation and have the force of law.

(2)       All such regulations shall be statutory instruments for the purposes of the

Interpretation Act, Cap. 1.

Offence to contravene Bank’s regulations

11.            A person who contravenes any of the provisions of regulations made

by the Bank pursuant to Article V of the Caribbean Community Office Agreement is guilty of an offence and, on summary conviction thereof, is liable to a fine of

$2 000 or imprisonment for a term of 12 months or to both.

FIRST SCHEDULE

(Section 2)

Agreement between the Government of Barbados and the African Export-Import Bank

concerning the location of the Caribbean Community Office of the African Export-Import Bank

AFRICAN EXPORT-IMPORT BANK ACT, 2024

Arrangement of Sections PART I PRELIMINARY

  1. Short title

PART II

FINANCIAL PROVISIONS RELATING TO THE PARTNERSHIP AGREEMENT

PART III

PROVISIONS RELATING TO THE CARIBBEAN COMMUNITY OFFICE OF THE BANK

  1. Regulations made by the bank to be gazetted
  1. Offence to contravene Bank’s regulations

FIRST SCHEDULE

Agreement between the Government of Barbados and the African Export-Import Bank concerning the location of the Caribbean Community Office of the African Export-Import Bank

SECOND SCHEDULE

Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank

BARBADOS

A Bill entitled

An Act to provide for the implementation of the

  • Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank; and
    • Agreement between the Government of Barbados and the African Export-Import Bank concerning the location of the Caribbean Community Office of the African Export-Import Bank.

ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title 1.

This Act may be cited as the African Export-Import Bank Act, 2024.

Interpretation

  • In this Act,

“Bank” means the African Export-Import Bank established by the Agreement establishing the African Export-Import Bank signed in Abidjan, Cote d’Ivoire on the 8th day of May, 1993 attached as Annex I of the Partnership Agreement;

“Caribbean Community Office Agreement” means the Agreement between the Government of Barbados and the African Export-Import Bank Concerning the Location of the Caribbean Community Office of the African Export- Import Bank, the text of which is set out in the First Schedule;

“Caribbean Community Office” has the meaning assigned to it in Article 1  (d)

of the Caribbean Community Office Agreement;

“Partnership Agreement” means the Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank signed by Barbados on the 1st day of September, 2022 at Bridgetown, Barbados, the text of which is set out in the Second Schedule;

PART II

FINANCIAL PROVISIONS RELATING TO THE PARTNERSHIP AGREEMENT

Financial provisions giving effect to the Partnership Agreement

3.(1)

All sums required to be paid by the Government for the purpose   of

meeting the obligations of Barbados under the Bank Agreement are hereby charged on and shall be paid out of the Consolidated Fund.

(2)       Any sums received by the Government from the Bank pursuant to the

Bank Agreement shall be paid into the Consolidated Fund.

Borrowing

4.(1)

The Minister may borrow from any person any sum or sums required

for payments under section 3 or for replacing any sum or sums paid out the Consolidated Fund pursuant to that section, and for the purpose of such borrowing, may create and issue any securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise, as he thinks fit.

  • The principal and interest of any securities issued under subsection (1)

and any expenses incurred in connection with their issue shall be charged on an paid out of the Consolidated Fund.

  • Any moneys raised by securities issued under subsection (1) shall be paid

into the Consolidated Fund.

Designation of depository

  • A depository for the holdings of the currency of Barbados and other

assets of the Bank may be designated as agreed upon with the Bank.

Certain provisions of Partnership Agreement given the force of law

  • The provisions of Articles II, V, VI, VII, VIII, IX, X, XI, XII, XIII,

XIV of the Partnership Agreement shall have the force of law in Barbados.

PART III

PROVISIONS RELATING TO THE CARIBBEAN COMMUNITY OFFICE OF THE BANK

Financial provisions giving effect to the Caribbean Community Office Agreement

  • All sums required to be paid by the Government for the purpose of

meeting the obligations of Barbados under the Caribbean Community Office Agreement are hereby charged on and shall be paid out of the Consolidated Fund.

Caribbean Community Office Agreement has the force of law

  • The Caribbean Community Office Agreement shall have force of law

in Barbados.

Exemption from the provisions of the Immigration Act, Cap. 190

persons mentioned in Parts IX, X, XI, XII of the Caribbean Community Office Agreement have effect in relation to such persons as so to

  • restrict their entry into Barbados;
    • regulate the conditions of their stay in Barbados ; or
    • prevent the entry into or require the removal from Barbados of any such person by reason of any activity performed by such person in his official capacity with respect to the Bank.

Regulations made by the bank to be gazetted

10.(1)

All regulations made by the Bank pursuant to Bank to Article V of the

Caribbean Community Office Agreement shall, as soon as possible after being made, be published in the Official Gazette and on such publication shall come into operation and have the force of law.

(2)       All such regulations shall be statutory instruments for the purposes of the

Interpretation Act, Cap. 1.

Offence to contravene Bank’s regulations

11.            A person who contravenes any of the provisions of regulations made

by the Bank pursuant to Article V of the Caribbean Community Office Agreement is guilty of an offence and, on summary conviction thereof, is liable to a fine of

$2 000 or imprisonment for a term of 12 months or to both.

FIRST SCHEDULE

(Section 2)

Agreement between the Government of Barbados and the African Export-Import Bank

concerning the location of the Caribbean Community Office of the African Export-Import Bank












First Schedule – (Concl’d)

SECOND SCHEDULE

(Section 2)

Agreement for the Establishment of a Partnership between Member States of the Community and the African Export-Import Bank

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Cont’d)

Second Schedule – (Concl’d)

Read three times and passed the House of Assembly this day of        , 2024.

Speaker

Read three times and passed the Senate this               day of

, 2024.

President

S.I. 2024 No. 1

Highways Act CAP. 289

HIGHWAYS (ABANDONMENT) NOTICE, 2024

The Minister, in exercise of the powers conferred on him by section 11 of the Highways Act, gives the following Notice:

1.

2024.

This Notice may be cited as the Highways (Abandonment) Notice,

  • The road described in the Schedule to this Notice is to be abandoned.
  • The rights of the public in respect of the public road, referred to in the

Schedule, are to be abandoned as this road is to be used to facilitate the development of a residential condominium complex.

  • The public may object to the matter contained in this Notice, and any

such objection shall contain the grounds of objection and shall reach the Minister not later than the 9th  day of February, 2024.

2                                                         S.I. 2024 No. 1

SCHEDULE

Road to be abandoned

(Paragraph 2)

ALL THAT land situate at Batts Rock in the parish of Saint Michael that is 1973 metres in length comprising 88.2 square metres approximately, abutting and bounding to the north on a public road, to the east on lands of Himark Holdings Inc., abutting and bounding to the south by a public road and to the west on lands of Himark Holdings Inc.

Given by the Minister this 24th day of January, 2024.

S. BRADSHAW

Minister responsible for Transport and Works

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