Resolution No. 4/2021 Ref. No.: MP: 031/856 Vol. I
PARLIAMENT
Declaring The Abandonment Of The Compulsory Acquisition Of Land At Harrismith, St. Philip
RESOLVED that Parliament approve the publication, in the Official Gazette of a notification under section 9(1) of the Land Acquisition Act, Cap. 228 declaring the abandonment of the compulsory acquisition of the parcel of land situate at Harrismith in the parish of Saint Philip in this Island more particularly described in the Schedule hereto.
APPROVED by the House of Assembly this 12th day of January, Two thousand and twenty-one.
A. HOLDER
Speaker.
APPROVED by the Senate this 26th day of March, Two thousand and twenty-one.
R. FARLEY
President.
I Assent
S. MASON
Governor-General
2021-03-29.
SCHEDULE
ALL THAT land the property of the Crown situate at Harrismith in the parish of Saint Philip in this Island formerly said to contain by estimation 10.5 hectares but by a recent survey found to contain by admeasurement 10.9041 hectares (or 109041.0 square metres) made up of two parcels namely, Parcel “A” being 8.4108 hectares (or 84108.0 square metres) and Parcel “B” being 2.4933 hectares (or 24933.0 square metres) or thereabouts Abutting and Bounding on lands now or formerly of Samuel Waithe (Lot 330), on lands now or formerly of Peter Waterman (Lot 331), on lands now or formerly of Simon and Charmaine Griffi th (Lot 338), on lands now or formerly of Leo F. Brewster (Lot 339), on an Open Space, on lands now or formerly of Terry K. Clarke (Lot 346), on lands now or formerly of Carlos H. S. and Wayne A. Hunte (Lot 347), on lands now or formerly of Trebla Inc., on a right of way 3.66 metres wide leading to a public road in one direction, on lands now or formerly of Barlow and Pauline Lynch, on lands now or formerly of Edward B. Bowring on three sides, on the sea with an undercut of 3.0 metres from the cliff ’s edge, on an Open Space, on lands now or formerly of Wellhouse Villas Limited (Lot 1), on lands now or formerly of Garvey Corporation (Lot 5), on lands now or formerly of Michael L. Rose (Lot 7), on lands now or formerly of Victor Carter (Lot 9), on lands now or or formerly of Richard J. Rawlinson (Lot 9A), on lands now or formerly of Buzinec & Co. (Lot 11), on lands now or formerly of Dawn Marie Greenidge (Lot 13), on lands now or formerly of Denise A Miller (Lot 15), on lands now or formerly of Randolph and Miriam Bradshaw (Lot 17), on lands now or formerly of Vova Khavin (Lot 19), on lands now or formerly of Learie F. Scott (Lot 21), on lands now or formerly of Harold D. Johnson (Lot 23), on lands now or formerly of Caston D. Marshall (Lot 25), on lands now or formerly of Caren Rawlins (Lot 27), on lands now or formerly of Kendrick L. Forde (Lot 29), on lands now or formerly of Laura Beckles-Cragwell (Lot 31), on lands now or formerly of David S. Clarke (Lot 33), on lands now or formerly of Charles E.U. Ledette (Lot 35), on a road leading to Wellhouse in one direction and to Highway 5 in another direction, on Lots 1 and 6, on a road, on Lots 5, 4, 3 and 2, on a road leading to Wellhouse in one direction and to Highway 5 in another direction or however else the same may abut and bound as shown and delineated on a Plan certified on the 12th day of September, 2017 by Camille Belgrave, Land Surveyor and recorded in the Lands and Surveys Department on the 12th day of October, 2017 as Plan No. 996/2017.
Resolution No. 5/2021 Ref. No.: MP: 032/2-OT482A
PARLIAMENT
Lease To The Duke Of Edinburgh’s International Award Barbados Charity
RESOLVED that Parliament in accordance with section 5 of the Crown Lands (Vesting and Disposal) Act, Cap. 225 approve the lease to the Duke of Edinburgh’s International Award Barbados Charity, a charity registered as Charity No. 214 under the Charities Act, Cap. 243, of the parcel of land, the property of the Crown, namely Lot 2, being part of the property known as Culloden Farm in the parish of Saint Michael in this Island and more particularly described in the First Schedule to this Resolution on the terms and conditions set out in the Second Schedule, to be used as a headquarters-base to house the Duke of Edinburgh’s International Award Barbados Charity and to facilitate its development programmes.
APPROVED by the House of Assembly this 12th day of January, Two thousand and twenty-one.
A. HOLDER
Speaker.
APPROVED by the Senate this 26th day of March, Two thousand and twenty-one.
R. FARLEY
President.
I Assent
S. MASON
Governor-General
2021-03-29.
FIRST SCHEDULE
ALL THAT land the property of the Crown, namely Lot 2, being part of the property known as Culloden Farm in the parish of Saint Michael in this Island containing by admeasurement 15634.3 square metres or thereabouts abutting and bounding on Hugh Johnson Link Road, on lands of the Barbados Government, on lands now or late of Perl Goodridge (Lot 13), on lands now or formerly of the National Housing Corporation (Lot 12), on lands now or late of Roger Butcher (Lot 11), Clive Roberts (Lot 10), Reuben Briggs (Lot 9), Noel Christie (Lot 8), Albert Callendar (Lot 7), Doreen Grant (Lot 6), Ricardo King (Lot 5), Leomie Herbert (Lot 4), Joyce Prince (Lot 3), Eastmond Shepherd (Lot 2) and Johann Holder (Lot 1), on lands now or formerly of the Diocesan Trustees of the Anglican Church, on lands now or formerly of the National Insurance Board, on lands of the Barbados Government (Lot 1), on a right of way 4.20 metres wide and on Frederick Lane Drive or however else the same may abut and bound together with the buildings thereon as shown and delineated on a plan certified on the 12th day of August, 2019 by Anderson R. Alleyne, Land Surveyor and recorded in the Lands and Surveys Department on the 29th day of October, 2019 as Plan No. 1345 of 2019.
SECOND SCHEDULE
TERMS AND CONDITIONS
The lease to the Duke of Edinburgh’s International Award Barbados Charity of the parcel of land, the property of the Crown, namely Lot 2, being part of the property known as Culloden Farm in the parish of Saint Michael in this Island and more particularly described in the First Schedule is on the following terms and conditions:
(a) the lease shall be for a period of twenty-five (25) years with an option to renew for a further period of twenty-fi ve (25) years;
(b) an initial concessionary rate of one thousand, two hundred dollars ($1,200.00) per annum shall be paid by the Duke of Edinburgh’s International Award Barbados Charity during the first five (5) years of the lease;
(c) rent reviews shall take place at five-yearly intervals;
(d) the premises shall revert to the Crown for nil consideration at the end of the lease;
(e) the lease shall have a five-year notice break clause exercisable after the second rent review, allowing either party to bring it to an end;
(f) the Crown shall compensate the Duke of Edinburgh’s International Award Barbados Charity with the market renovated costs less any depreciation at the date of resumption should the lease be brought to an end by the Crown;
(g) the Duke of Edinburgh’s International Award Barbados Charity shall be responsible for insurance of the buildings, public liability and occupiers’ liability at the premises, the repairs and maintenance of the buildings, the payment of utilities and other outgoings arising out of the use of the site;
(h) the Duke of Edinburgh’s International Award Barbados Charity shall bear the cost of development of the site and shall comply with Town Planning and other statutory requirements;
(i) the Duke of Edinburgh’s International Award Barbados Charity shall be responsible for the full restoration of the “main house” to its original architectural form within the first five (5) years of the initial lease period;
(j) the Duke of Edinburgh’s International Award Barbados Charity shall advise the Ministry of Housing, Lands and Maintenance of the replacement cost of the buildings and plant on site on completion of the refurbishment or improvements;
(k) the Duke of Edinburgh’s International Award Barbados Charity shall not assign or otherwise dispose of the property by lease or part with possession without the prior written consent of the Crown; such consent not to be unreasonably withheld.
Appropriation Act, 2021-4
I assent
S. MASON
Governor-General
30th March, 2021.
2021-4
An Act to grant a sum of money out of the Consolidated Fund and to appropriate the same for the service of Barbados for the Year ending 31st March, 2022.
[Commencement: 30th March, 2021]
ENACTED by the Parliament of Barbados as follows:
Short title
- This Act may be cited as the Appropriation Act, 2021.
Grant of $1,689,678,765
- The Accountant General may, on the warrant of the Minister or a person authorised by the Minister in writing, issue out of the Consolidated Fund and apply towards making good the supply granted for the service of the year ending 31st March, 2022, a sum not exceeding in the aggregate $1,689,678,765.
Appropriation
3.The sum referred to in section 2 is hereby appropriated for the services and purposes set out in the Schedule in accordance with section 109(1) of the Constitution and is so appropriated as from 1st April, 2021.
Date on which grant to take effect
- The date on which the grant of the sum referred to in section 2 takes effect, is 1st April, 2021.
ABSTRACTS OF THE APPROPRIATION GRANTSGovernor-General – $1,540,079
10. Ministry of the Public Service – $4,495,643
11. Parliament – $8,902,789
12. Prime Minister’s Office – $138,642,689
13. Cabinet Office – $18,438,947
15. Ombudsman – $448,323
17. Audit – $898,187
18. Treasury – $54,000,000
19. Ministry of Tourism and International Transport – $15,757,254
27. Director of Public Prosecutions – $839,586
29. Attorney General – $69,424,569
30. Ministry of Innovation, Science and Smart Technology – $26,684,695
31. Ministry of Foreign Affairs and Foreign Trade – $70,934,410
33. Ministry of Home Affairs, Information and Public Affairs – $38,894,215
34. Ministry of Finance, Economic Affairs and Investment – $176,445,059
35. Ministry of People Empowerment and Elder Affairs – $86,369,524
39. Ministry of International Business and Industry – $22,753,932
46. Ministry of Maritime Affairs and the Blue Economy – $13,893,054
50. Post Office – $10,882,458
81. Ministry of Transport, Works and Water Resources – $110,164,376
82. Ministry of Environment and National Beautification – $39,690,227
83. Ministry of Agriculture and Food Security – $46,789,305
84. Ministry of Labour and Social Partnership Relations – $7,237,600
86. Ministry of Health and Wellness – $252,441,015
87. Ministry of Education, Technological and Vocational Training – $317,502,359
91. Ministry of Youth, Sports and Community Empowerment – $43,662,409
92. Ministry of Energy, Small Business and Entrepreneurship – $34,543,792
93. Ministry of Housing, Lands and Maintenance – $77,402,269
=$1,689,678,765
Anti-Corruption And Anti-Terrorism Agency Act, 2021-5
I assent
S. MASON
Governor-General
29th March, 2021.
2021-5
An Act to provide for the establishment of an Anti-Corruption and Anti- Terrorism Agency to investigate acts of corruption and terrorism and to provide for related matters.
[Commencement: by Proclamation]
ENACTED by the Parliament of Barbados as follows:
PART 1
Preliminary
Short title
1.This Act may be cited as the Anti-Corruption and Anti-Terrorism Agency Act, 2021.
Definitions
2.In this Act, “Agency” means the Anti-Corruption and Anti-Terrorism Agency established by section 4; “annual plan” means the plan referred to in section 27; “Committee” means the Anti-Corruption and Anti-Terrorism Agency Oversight Committee established by section 34; “complaint” means a complaint made under section 37; “corruption” means an offence under any enactment relating to corruption; “Director-General” means the Director-General of the Agency appointed under section 14; “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;
“foreign intelligence department” means the body in a country, other than Barbados, which performs in that country, functions similar to those of the Agency;
“functions” includes powers and duties;
“intelligence officer” means an officer who is involved in the collection, compilation, analysis, processing and dissemination of information relevant to activities to combat corruption and terrorism;
“law enforcement agency” means a person or authority with functions relating to the investigation and prosecution of offences of corruption and terrorism and includes a foreign intelligence department;
“officer” means an employee or agent of the Agency;
“positive vetting” means an investigation of the background and character of an applicant for a post in the public service where that post involves access to secret information;
“strategic partners” means
(a) the Director of Public Prosecutions;
(b) the Chief of Staff, Barbados Defence Force;
(c) the Commissioner of Police;
(d) the Revenue Commissioner;
(e) the Comptroller of Customs;
(f) the Chief Immigration Officer;
(g) the Director of the Financial Intelligence Unit;
(h) the Chairman of the Integrity Commission;
(i) the Registrar of the Supreme Court; and
(j) the Superintendent of Prisons; and
“terrorism” means any offence under the Anti-Terrorism and Counter- Proliferation of Weapons of Mass Destruction Act, Cap. 158.
PART II
Anti- Corruption and Anti-Terrorism Agency
Principal objects of Act
- The principal objects of this Act are to
(a)establish an Agency which will have sufficient operational independence and autonomy and be dedicated to combating corruption and terrorism in collaboration with strategic partners and law enforcement agencies, whether within or outside Barbados;
(b)promote and strengthen measures for the prevention, detection, investigation and prosecution of corruption and terrorism;
(c)enhance public confidence so that perpetrators of corruption and terrorism will be brought to justice without undue delay; and
(d)promote and protect public safety and national security.
Establishment of the Agency
4.(1)The Anti-Corruption and Anti-Terrorism Agency is hereby established.
(2)The Agency shall be a body corporate to which section 21 of the Interpretation Act, Cap. 1 shall apply.
Functions of the Agency
- Subject to the provisions of this Act, the functions of the Agency shall be to
(a)carry out efficient and effective activities to combat corruption and terrorism whether by itself or in collaboration with strategic partners and law enforcement agencies, whether within or outside Barbados;
(b)implement measures for the prevention, detection, reduction and mitigation of the consequences of corruption and terrorism;
(c)receive complaints in relation to alleged or suspected acts involving corruption and terrorism;
(d)investigate alleged or suspected acts involving corruption and terrorism;
(e)prosecute offences relating to corruption and terrorism;
(f)gather, store, process, analyse and disseminate information that is relevant to activities to combat corruption and terrorism;
(g)collaborate, co-operate, and co-ordinate intelligence and other activities with any other person or authority, whether within or outside Barbados, in order to prevent, detect, reduce or investigate corruption and terrorism; and
(h)carry out such other functions as may be conferred on the Agency by this Act or any other enactment.
Investigation and prosecution
6.The same individual shall not perform the functions of investigation and prosecution under this Act.
Acceptance of responsibility for investigation by Agency
7.Where, either before or after the commencement of an investigation, the Commissioner of Police or the head of a law enforcement agency, other than the Director-General, forms a view that the investigation should be conducted by the Agency, the Commissioner of Police or the head of that law enforcement agency may refer the investigation to the Agency and the Director-General shall determine whether to accept responsibility for the investigation and inform the Commissioner of Police or the head of the law enforcement agency, as the case may be, of his decision.
Agency’s investigation powers
8.(1)The Agency may investigate any corruption and terrorism or any suspected offence which appears to the Agency on reasonable grounds to involve corruption or terrorism or to relate thereto where it appears to the Director- General
(a)that the crime
(i)is transnational in nature; or
(ii)poses a significant threat to national security or public safety; or
(b)that there is good reason to do so for the purposes of investigating the affairs, or any aspect of the affairs, of a person.
(2)The Director-General may, by notice in writing, require the person under investigation or any other person to produce at such place as may be specified in the notice
(a)any specified documents; or
(b)any documents of a specified description, which appear to the Director-General to relate to any matter relevant to the investigation.
(3)Where documents referred to in subsection (2)
(a)are produced, the Director-General may
(i)take copies or extracts from them; and
(ii)require the person who produced them to provide an explanation of any of them; or
(b)are not produced, the Director-General may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
(4)A person who, without reasonable excuse, fails to comply with a requirement imposed on him under this section is guilty of an offence and liable on summary conviction to a fine of $25 000 or to imprisonment for a term of 2 years or to both.
Search warrant: documents
9.(1)Where a magistrate is satisfied by information on oath, in relation to any documents, that there are reasonable grounds to believe
(a)that
(i)a person has failed to comply with an obligation under this section to produce such documents;
(ii)it is not practicable to serve a notice on the person under investigation; or
(iii)the service of such a notice in relation to the documents would seriously prejudice the investigation; and
(b)that the documents are on premises specified in the information, the magistrate may issue a warrant authorising any constable to enter any premises specified in the warrant, using such force as may be necessary for the purpose, and search such premises, and take possession of any documents appearing to be documents of the description specified in the information, or to take in relation to any documents so appearing, any other steps necessary for preserving, and for preventing interference with, the documents.
(2)Unless it is not practicable in the circumstances, a constable executing a warrant issued under subsection (1) shall be accompanied by an appropriate person.
(3)An appropriate person who accompanies a constable may, under supervision of the constable, exercise the powers conferred on the constable under subsection (1).
(4)In this section “appropriate person” means
(a)a member of the staff of the Agency; or
(b)some other person, not being a member of the staff of the Agency, authorised by the Director-General to accompany the constable.
(5)A statement made by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him
(a)on a prosecution for an offence under subsection (14); or
(b)on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
(6)The statement referred to in subsection (5) may not be used against that person by virtue of paragraph (b) of that subsection, unless
(a)evidence relating to it is adduced; or
(b)a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
(7)Any evidence obtained by the Director-General for use by a foreign intelligence department shall be given to the Minister responsible for Foreign Affairs for forwarding to the foreign intelligence department.
(8)Where any evidence obtained by the Director-General for use by a foreign intelligence department consists of
(a)a document, the original or a copy shall be forwarded; and
(b)any other article, the article or a description, photograph or other representation of it, shall be forwarded, as may be necessary in order to comply with the request of the foreign intelligence department.
(9)The references in subsections (7) and (8) to evidence obtained by the Director-General include references to evidence obtained by him by virtue of the exercise by a constable, or by an appropriate person, in the course of a search authorised by a warrant issued under subsection (1).
(10)A person shall not under this section be required to disclose any information or produce any document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court, except that an attorney-at-law may be required to furnish the name and address of his client.
(11)A person shall not under this section be required to disclose information or produce a document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business, unless the person to whom the obligation of confidence is owed consents to the disclosure or production.
(12)Without prejudice to the power of the Director-General to assign functions to members of the staff of the Agency, the Director-General may authorise any competent investigator, other than a constable, who is not a member of the Agency to exercise on his behalf all or any of the powers conferred by this section, but no such authority shall be granted except for the purpose of investigating the affairs, or any aspect of the affairs, of a person specified in the authority.
(13)No person shall be bound to comply with any requirement imposed by a person exercising powers by virtue of any authority granted under subsection (12) unless he has, if required to do so, produced evidence of his authority.
(14)A person who, in purported compliance with a requirement under this section,
(a)makes a statement which he knows to be false or misleading in a material particular; or
(b)recklessly makes a statement which is false or misleading in a material particular, is guilty of an offence.
(15)A person guilty of an offence under subsection (14) is liable
(a)summary conviction, to a fine of $50 000 or to imprisonment for a term of 3 years or to both; and
(b)on conviction on indictment, to a fine of $150 000 or to imprisonment for a term of 5 years or to both.
(16)Where a person
(a)knows or suspects that an investigation by the Agency or by a law enforcement agency into corruption or terrorism is being or is likely to be carried out; and
(b)falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of documents which he knows or suspects are or would be relevant to such an investigation, he is guilty of an offence, unless he proves that he had no intention of concealing the facts disclosed by the documents from persons carrying out such an investigation.
(17)A person guilty of an offence under subsection (16) is liable on conviction on indictment, to a fine of $250 000 or to imprisonment for a term of 10 years or to both.
Application of the Proceeds and Instrumentalities of Crime Act, 2019 (Act 2019-17)
10.The Proceeds and Instrumentalities of Crime Act, 2019 (Act 2019-17) shall apply to this Act with such modifications and adaptations as are necessary to give effect to this Act; and references in that Act to
(a)“prosecutor” and “senior police officer” shall be construed as references to the “Director-General”;
(b)“Recovery Agency” shall be construed as references to “the Agency”; and
(c)“money laundering” shall be construed as references to “corruption” or “terrorism” as the case may require.
Co-operation with other bodies
11.(1)A law enforcement agency in Barbados shall take reasonable steps to cooperate with the Agency in the exercise of its functions under this Act.
(2)Subject to subsection (3), the Agency shall take reasonable steps to cooperate with any strategic partner or law enforcement agency in the exercise of any function conferred on the strategic partner or law enforcement agency under this Act or any other enactment.
(3)Where, after consultation with the Director-General, it appears to the Minister that it is appropriate for the Agency to provide specified assistance to another law enforcement agency, the Minister may direct the Director-General to provide specified assistance to that law enforcement agency and the Director- General shall take reasonable steps to comply with the directions of the Minister.
Agency subject to oversight by Committee
12.(1)The Agency shall be subject to the authority and directions of the Committee.
(2)The Committee shall have oversight of the Agency.
Ministerial direction
13.(1)Subject to the provisions of this Act, the Minister may, after consultation with the Director-General, give to the Director-General such policy directions relating to the exercise of his functions as appear to the Minister to be in the public interest, and the Director-General shall give effect to those directions.
(2)Subject to subsection (3), the Minister shall approve the strategic plan for the Agency.
(3)In approving the strategic plan for the Agency, the Minister shall consult
(a)the Committee;
(b)the Director-General;
(c)the strategic partners; and
(d)any other person whom the Minister considers it appropriate to consult.
PART III
Administration
Appointment of Director-General
14.(1)The Director-General shall administer the Agency.
(2)The Director-General shall be appointed by the Governor-General by instrument in writing on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
(3)The Director-General shall be appointed for a period of three years and shall be eligible for reappointment.
Disqualification for appointment as Director-General
15.(1)Subject to section 22, a person is not qualified for appointment as Director-General if the person
(a)is a member of
(i)the Senate; or
(ii)the House of Assembly;
(b)is bankrupt; or
(c)has been convicted of an offence involving dishonesty or moral turpitude.
(2)A Director-General shall vacate his office if any circumstance arises that, if he were not Director-General, would, by virtue of subsection (1), cause him to be disqualified for appointment as Director-General.
Functions of the Director-General
16.(1)The Director-General
(a)is responsible for the day to day administration and operation of the Agency and shall have the sole operational command and superintendence of the Agency;
(b)shall determine the policy priorities of the Agency in accordance with the strategic plan and the annual plan;
(c)shall determine the operational priorities for the Agency and those priorities may relate to
(i)matters to which current strategic priorities also relate; or
(ii)other similar matters;
(d)shall establish and implement practices for internal disciplinary procedures.
(2)The Director-General shall consider ,
(a)operational priorities referred to in subsection (1)(c);
(b)the strategic priorities referred to in sub-paragraph (i) of subsection (1) (c); and
(c)the strategic plan.
(3)The Director-General may decide
(a)which operations are to be conducted by the Agency; and
(b)how the operations are to be conducted.
(4)When executing duties under this Act, the Director-General and any officer designated by him shall, for that limited purpose only, be vested with the powers, privileges and immunities of a member of the Royal Barbados Police Force.
(5)The Director-General shall not designate an officer under subsection (4), unless the Director-General is satisfied that the officer
(a)is capable of effectively exercising the powers; and
(b)has received adequate training in respect of the exercise of those powers.
(6)The Director-General may modify or withdraw a designation of an officer by giving notice in writing of the modification or withdrawal to the officer.
(7)For the purposes of the exercise of the powers conferred under subsection (4) on the Director-General or an officer designated by him, the Director-General may make arrangements for the Agency to use premises or facilities used in connection with those functions.
Delegation of functions
17.(1)The Director-General may delegate, in writing, the exercise of any function conferred upon him by or under this Act, other than the power of delegation, to such officer of the Agency, hereinafter called “the delegate”, as he thinks fit.
(2)A delegation under subsection (1) shall not affect
(a)the exercise of the delegated function by the Director-General; or
(b)the responsibility of the Director-General in relation to acts of the delegate carried out in lawful exercise of the delegated function.
(3)Any act done by or in relation to the delegate pursuant to the delegated function shall have the same effect as if it were done by or in relation to the Director-General.
(4)For the avoidance of doubt, a delegation under subsection (1) shall, in addition to conferring authority to exercise the delegated function, also subject the delegate to the same obligations as would apply under this Act to the Director- General’s exercise of such function, and accordingly, the delegate shall be liable for any wrongful act or omission of the delegate occurring in the exercise of that authority.
(5)The Director-General may, in writing, revoke a delegation made under subsection (1).
Removal of Director-General
18.The Director-General may be removed from office
(a)for inability to discharge the functions of the office, whether arising from infirmity of body or mind;
(b)for incompetence;
(c)for misconduct;
(d)if he becomes bankrupt;
(e)if he is convicted of any offence involving dishonesty or moral turpitude;
(f)if he fails,
(i)without reasonable excuse, to carry out any function conferred or imposed on him under this Act; or
(ii)breaches his contract of employment.
Resignation
19.The Director-General may at any time resign his office by notice in writing addressed to the Governor-General and transmitted through the Minister, and the resignation shall take effect from the date on which the Minister receives the instrument or the date specified in the instrument, whichever is earlier.
Filling of vacancy in office of Director-General
20.(1)Where a vacancy arises in the office of Director-General, a suitable person may be designated to act in that office during such vacancy until an appointment is made.
(2)Where, by reason of illness, absence from Barbados or other sufficient cause, the Director-General is unable to perform his functions under this Act, the Governor-General shall, on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, appoint a person to act in the office of Director-General.
Appointment and remuneration of staff and persons contracted ad hoc
21.(1)The Director-General, shall appoint such staff as may be necessary for the efficient operation of the Agency.
(2)Staff appointed under subsection (1) shall include
(a)investigating officers, who shall investigate, in the manner specified by or under this Act, any allegation that involves corruption or terrorism; and
(b)prosecuting officers, who shall, subject to the powers conferred on the Director of Public Prosecutions by section 79 of the Constitution, institute, undertake and have the conduct of prosecutions in respect of corruption and terrorism.
(3)The Director-General may contract ad hoc such persons as may be necessary to provide technical services as the Agency may require from time to time.
(4)Except as provided in subsection (2)(b), any prosecuting officer appointed thereunder, shall not be subject to the direction or control of any person in relation to the conduct of his prosecutorial functions under this Act.
(5)No salary in excess of the prescribed rate of salary shall be assigned to any post within the Agency without the prior approval of the Minister.
(6)No appointment shall be made to any post within the Agency to which a salary in excess of the prescribed rate of salary is assigned without the prior approval of the Minister.
(7)[For the purposes of subsections (5) and (6), the “prescribed rate” means such rate as the Minister responsible for the Public Service may, by order, prescribe.]
(8)The Governor General may, subject to such conditions as he may impose, approve the appointment of any public officer to any office within the Agency and a public officer so appointed shall, while so employed, in relation to any pension, gratuity or other allowance and in relation to any other rights as a public officer, be treated as continuing in the service of the Crown.
(9)The Agency may, with the approval of the Minister,
(a)enter into arrangements respecting schemes, whether by way of insurance policies or otherwise; and
(b)make regulations, for medical benefits, pensions, gratuities and other retiring benefits or disability or death benefits relating to staff of the Agency, and such arrangements or regulations may include provisions for the grant of benefits to the dependants of the staff.
Procedures relating to appointment
22.(1)The Director-General, officers of the Agency and members of the Committee shall be subject to positive vetting procedures before they are appointed.
(2)A person shall not be eligible to be appointed to the office of Director- General or any other office under section 21 unless the person
(a)has received adequate training in respect of the performance of the duties of the office;
(b)is capable of effectively performing the duties of the office; and
(c)is competent, diligent, of integrity, of sound judgment and impartial.
Oaths
23.(1)The Director-General shall, before assuming office, take and subscribe, before the Governor-General, the oath of office and oath of secrecy set out in Form 1 and Form 2, respectively, of the First Schedule.
(2)Every person, other than the Director-General having an official duty under this Act or being employed or otherwise connected with the administration of this Act shall, before assuming duty, take and subscribe before the Director- General the oath of office and oath of secrecy set out in Form 3 and Form 4, respectively of the First Schedule.
(3)Every person who had an official duty under this Act or was employed in the administration of this Act shall maintain, after such duty or employment is terminated, the confidentiality of all information or documents relating to the functions of the Agency.
(4)Any person to whom information is communicated pursuant to this Act shall regard and deal with the information as secret and confidential.
(5)Every person referred to in subsection (1), (2) or (3), having possession of or control over any information or document and who at any time communicates or attempts to communicate any such information or any thing contained in the document to any person, otherwise than pursuant to
(a)his functions under this Act or any other enactment;
(b)a court order; or
(c)an arrangement entered into for the exchange of information under section 33, is guilty of an offence.
(6)For the purposes of this section, “information” includes information from which a person can be identified and which is acquired by the Agency in the course of carrying out its functions.
PART IV
Financial Provisions, Plans and Reports
Funds and resources of the Agency
24.The Funds and the resources of the Agency shall consist of such funds as may be appropriated for the purposes of the Agency by Parliament.
Accounts and audit
25.(1)The Agency shall keep proper records of its receipts, expenditure, assets and liabilities and its accounts shall be audited annually by an auditor appointed by the Director-General with the approval of the Minister and a statement of accounts so audited shall form part of the annual report submitted pursuant to section 29.
(2)The Director-General shall, at such time within each year as the Minister may direct, submit to the Minister a statement of accounts of the Agency in accordance with the provisions of subsection (1).
Expenses and remuneration
26.The expenses of the Agency, including the remuneration of the Director-General, officers and members of the Committee, shall be paid out of the funds of the Agency.
Annual plan
27.(1)Before the beginning of each financial year, the Director-General shall submit an annual plan to the Minister setting out how the Director-General intends that the functions of the Agency are to be exercised during that year.
(2)The annual plan for a financial year shall include
(a)a statement of the strategic priorities for the Agency;
(b)a statement of the operational priorities for the Agency and in relation to each of the strategic and operational priorities, an explanation of how the Director-General intends that effect may be given to the priority;
(c)ways in which the Agency is to operate, including
(i)arrangements for publishing information about the exercise of the· functions of the Agency and other matters relating to the Agency, including requirements about the type of information that should not be published; and
(ii)ways in which the Agency is to be administered, including with respect to governance and finance.
Director-General to consult in preparing annual plan
28.In preparing an annual plan, the Director-General shall consult
(a)the strategic partners; and
(b)any other persons whom the Director-General considers it appropriate to consult.
Estimates and operating plan
29.The Agency shall, in each financial year, before a date specified by the Minister, submit to the Minister for his approval
(a)estimates of income and expenditure for the ensuing financial year; and
(b)the annual plan required by section 27.
Returns
30.The Agency shall furnish the Minister with such returns, accounts and other information as he may require with respect to the activities of the Agency, and shall afford him facilities for verifying the returns, accounts and other information in such manner and at such times as he may reasonably require.
Annual and other reports
31.(1)A copy of the annual report and audited financial statement of the Agency, approved by the Minister, shall be submitted to the Minister of Finance, no later than four months after the end of each financial year.
(2)The Minister of Finance shall cause a copy of the report together with the annual statement of accounts and the Auditor-General’s report thereon to be laid in Parliament.
Report
32.(1)The Director-General shall, not later than 3 months after the end of each financial year, submit to the Minister a report relating generally to the execution of the functions of the Agency during the preceding financial year.
(2)The report referred to in subsection (1) shall contain the information set out in the Second Schedule.
(3)The Director-General may, at any time, submit to the Minister a report relating to any particular matter which in the opinion of the Director-General requires the special attention of the Minister.
(4)The report referred to in subsection (3) shall exclude any matter that would, if it were included, prejudice proceedings referred to therein.
(5)The Minister shall, not later than one month after receipt of a report submitted to him under subsection (1) or (3), lay the report in Parliament.
PART V
Agreements and Arrangements
Agreements and arrangements with other agencies
33.(1)Subject to the provisions of this Act, the Director-General may, with the approval of the Minister, enter into a contract, memorandum of understanding or other agreement or arrangement with a strategic partner or a law enforcement agency, whether within or outside Barbados, regarding the exchange of information with the agency relevant to the investigation or prosecution of offences relating to corruption or terrorism.
(2)Subject to subsection (1), the Director-General may exchange with a foreign intelligence department, information necessary to enable that department to exercise regulatory functions, including the conduct of civil, criminal or administrative investigations and proceedings to enforce laws administered by the department.
(3)The Director-General may decline to facilitate the exchange of information unless the strategic partner, foreign intelligence department, or the law enforcement agency, as the case may be, undertakes to make such contribution towards the costs of the exchange as the Director-General considers appropriate.
(4)Nothing in subsections (1) to (3) authorises a disclosure by the Director- General, unless he is satisfied that the
(a)strategic partner, the foreign intelligence department, or law enforcement agency is subject to adequate legal restrictions on further disclosures, including the provision to the Director-General of an undertaking of confidentiality on the part of the strategic partner, the foreign intelligence department, or the law enforcement agency not to disclose the information provided without the consent of the Director- General; or
(b)assistance requested by the strategic partner, the foreign intelligence department or the law enforcement agency is required for the purposes of the functions of the department or agency, including the conduct of civil, criminal or administrative investigations or proceedings to enforce laws administered by the department or the Agency.
(5)Where in the opinion of the Director-General, it appears necessary, in relation to any request for information received from a foreign intelligence department, a strategic partner or a law enforcement agency to obtain an order of the High Court, the Director-General shall
(a)immediately notify the Attorney-General of the particulars of the request; and
(b)send to the Attorney-General copies of all documents relating to the request and the Attorney-General is entitled to appear or take part in any proceedings in Barbados, or in any appeal from such proceedings, arising directly or indirectly from any such request.
(6)Where pursuant to a request for the exchange of information, the Director- General in accordance with this Act supplies information to a requesting party, the information shall be deemed to have been lawfully given under this Act.
(7)Subject to this Act the Government may enter into any agreement or arrangement in writing with
(a)the Government of a foreign State;
(b)an international organisation; or
(c)a foreign intelligence department, regarding the exchange of information relevant to the investigation or prosecution of an offence relating to corruption or terrorism.
(8)For the purpose of an agreement or arrangement under subsection (7), the Minister shall be satisfied, in relation to the entity or party to such agreement or arrangement, as to the like matters as those of which the Director-General is required to be satisfied in relation to an agreement or arrangement with a foreign intelligence department under subsection (4).
(9)The Minister may make regulations concerning the exchange of information relevant to the investigation or prosecution of an offence relating to corruption or terrorism.
PART VI
Anti- Corruption and Anti-Terrorism Agency Oversight Committee
Establishment and objectives of Committee
34.(1)There is hereby established a Committee to be known as the Anti- Corruption and Anti-Terrorism Agency Oversight Committee.
(2)The objectives of the Committee are to
(a)hold the Director-General and other officers of the Agency accountable to the public in the performance of their functions under this Act; and
(b)provide independent oversight in relation to the handling of complaints made by any person pursuant to section 37.
(3)The Third Schedule shall have effect with respect to the constitution of the Committee and otherwise in relation thereto.
Functions of the Committee
35.The functions of the Committee are to
(a)investigate any complaint relating to misconduct, abuse of power, breach of disciplinary procedures or unlawful conduct in respect of any act or omission by the Director-General or any other officer in relation to his functions under this Act;
(b)monitor and investigate operations affecting members of the public;
(c)review generally the performance by the Agency and its functions, and make recommendations to the Minister thereon;
(d)cooperate with or seek assistance from other government institutions or entities on issues of intelligence oversight or on any matter under investigation; and
(e)perform such other functions as may be necessary for promoting the objectives under section 34(2) for which the Committee is established.
Powers of the Committee
36.(1)The Committee
(a)may investigate any aspect of the operations of the Agency or the conduct of the Director-General or any other officer of the Agency in relation to his functions under this Act;
(b)is entitled to have access to the records of the Agency and to make copies of such records;
(c)may require the Director-General to supply information or provide documents in respect of any matter relating to the operations of the Agency or the conduct of an officer.
(2)Notwithstanding the provisions of any enactment to the contrary and subject to subsection (3), the Committee shall be the sole body responsible for receiving and investigating any complaint made pursuant to section 37 of this Act.
(3)Without prejudice to subsection (2), the Minister acting on the advice of the Committee may, in such manner as he deems appropriate, seek the assistance of any law enforcement agency in the investigation of a complaint made pursuant to section 37 or any other matter which may be relevant to the investigation.
Complaint and conduct of investigation
37.(1)A person may make a complaint to the Committee in respect of any matter relating to the conduct of the Director-General or an officer carrying out functions under this Act.
(2)A complaint under subsection (l) may be made orally, subject to subsection (3), in writing, or in such form or manner as may be prescribed and shall be lodged with the Secretary of the Committee.
(3)Where a complaint is made orally it shall be reduced into writing by the Secretary not later than three days from the date on which the complaint was made.
(4)A complaint made under subsection (1) shall contain such particulars as may be prescribed.
(5)Upon receipt of a complaint the Committee shall forthwith
(a)request information or reports regarding the complaint from the Agency within a specified period; or
(b)without prejudice to paragraph (a), initiate such investigation as it may consider necessary, having regard to the nature of the complaint.
(6)For the purposes of an investigation under this section, the Committee shall have the powers, privileges and immunities conferred upon a Commissioner under the Commissions of Enquiry Act, Cap. 112 and the provisions of that Act shall apply to any person summoned by or appearing before the Committee as if the Committee were a commission of enquiry constituted under that Act.
(7)Where the Committee considers a complaint to be frivolous or vexatious, the Committee may refuse to conduct an investigation and shall, where practicable, state its refusal in writing to the complainant.
(8)The Committee may, upon receipt of new evidence, re-open any investigation which has been concluded, and may amend or withdraw any previous findings and recommendations.
Steps after conduct of investigation
38.After conducting an investigation into a complaint made under section 37, the Committee may,
(a)where in its opinion the investigation discloses evidence of a criminal offence by any officer of the Agency, recommend the prosecution of the officer concerned to the Director of Public Prosecutions;
(b)where the investigation, in the opinion of the Committee, discloses misconduct, malfeasance or negligence in the performance of a duty by an officer, proceed in accordance with the prescribed disciplinary procedures;
(c)where the investigation discloses any shortcomings in the processes or procedures employed by the Agency, recommend improvement or rectification thereof to the Minister.
PART VII
Protection of Officers
Protection of intelligence officers
39.The Director-General may take such action as may be necessary to ensure the security, secrecy, safety, accommodation and financial requirements of an intelligence officer.
Protection of other person exercising functions under this Act
40.(1)No civil or criminal action, suit or other proceedings for breach of confidentiality may be brought nor any professional sanction for such breach may be taken against any person who in good faith, under this Act or any other enactment, provides or transmits information requested by the Agency or submits a report to the Agency.
(2)No suit or other proceedings may be brought or instituted personally against any officer in respect of any lawful act done or omission made in good faith, in the course of carrying out the provisions of this Act.
(3)Subsection (2) applies to persons contracted in accordance with section 21(3).
PART VIII
Offences
Offences
41.A person is guilty of an offence who,
(a)wilfully threatens or assaults an officer or any other person performing any function under this Act;
(b)without lawful justification or excuse
(i)obstructs or hinders an officer or any other person performing any function under this Act; or
(ii)wilfully refuses or neglects to carry out any duty required to be performed by him under this Act;
(c)wilfully makes any false statement to mislead or attempts to mislead an officer or any other person performing any function under this Act;
(d)knowingly makes any false declaration or false statement of a material nature in any information provided to an officer or any other person performing any function under this Act;
(e)knowingly furnishes to any officer or any other person performing any function under this Act a document that contains information which is false or misleading in any material particular;
(f)without reasonable excuse fails to keep any record or other document required under this Act;
(g)with intent to deceive
(i)impersonates an officer;
(ii)makes any statement or does any act calculated falsely to suggest that the person is an officer;
(iii)makes any statement or does any act calculated falsely to suggest that the person has powers as an officer that exceed the powers the person actually has.
General penalty
42.A person guilty of an offence under section 23 or 41 is liable
(a)in the case of an individual,
(i)on summary conviction to a fine of $100 000 or to imprisonment for a term of 5 years or to both; and
(ii)on conviction on indictment to a fine of $250 000 or to imprisonment for a term of 10 years or to both; and
(b)in the case of a body corporate,
(i)on summary conviction to a fine of $150 000; and
(ii)on conviction on indictment to a fine of $500 000.
Offences committed by a body corporate
43.Where an offence under this Act is committed by a body corporate and is proved
(a)to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate or any person who purported to act in that capacity; or
(b)to be attributable to the failure of any such director, manager, secretary or other officer to exercise all such reasonable diligence as he ought in the circumstances to have exercised to prevent the offence, having regard to the nature of his functions and all the circumstances, such director, manager, secretary or other officer, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished in accordance with paragraph (a) or (b) of section 42, as the case requires.
PART IX
General
Code of Conduct
44.The Director-General and other officers of the Agency shall comply with such Code of Conduct as may be prescribed and a person who fails to comply with the Code of Conduct shall be liable to such disciplinary proceedings as may be prescribed.
Records
45.The Director-General may require any person to keep such documents relating to the functions of the Agency as may be prescribed.
Minister may vary monetary fines
46.The Minister may by order, subject to negative resolution, vary any monetary fines specified in this Act.
Regulations
47.(1)The Minister may make regulations generally for the proper administration of and for giving effect to the provisions of this Act.
(2)Without prejudice to the generality of subsection (1), regulations made under this section may make provision
(a)requiring equipment used by the Agency to satisfy specifications as to design and performance;
(b)setting out the practices and procedures to be adopted in relation to the investigation or prosecution of corruption and terrorism under this Act;
(c)prescribing a Code of Conduct for officers; and
(d)prescribing such other matters as are required by this Act to be prescribed.
(3)For the purposes of subsection (2)(a), “equipment” includes
(a)vehicles; and
(b)headgear and any other protective clothing.
(4)Regulations made under this section shall be subject to negative resolution.
Enactments not affected
48.Nothing in this Act shall affect
(a)the provisions of the Mutual Assistance in Criminal Matters Act, Cap. 140A; or
(b)the Official Secrets Act, 1911, 1 & 2 Geo. 5, c. 28 and the Official Secrets Act, 1920, 10 & 11 Geo. 5, c. 75 of the United Kingdom Parliament in so far as they are applicable to Barbados.
Commencement
49.This Act shall come into operation on a date to be fixed by Proclamation.
FIRST SCHEDULE
(Section 23(1) and (2))
FORM OF OATHS
Form 1
Anti-Corruption and Anti-Terrorism Agency Act, 2021 (Act 2021- )
OATH OF OFFICE
I______do swear/affirm that I will exercise the functions of Director-General of the Anti-Corruption and Anti-Terrorism Agency without fear or favour, affection or ill-will according to the Laws of Barbados. So Help Me God.
Dated this_______day of_______, 20___.
Signature
Form 2
Anti-Corruption and Anti-Terrorism Agency Act, 2021 (Act 2021- )
OATH OF SECRECY
I_______Director-General of the Anti-Corruption and Anti- Terrorism Agency do swear/affirm that I will treat all documents, information and records of the Anti-Corruption and Anti-Terrorism Agency as secret and confi dential and I shall not disclose or communicate to any unauthorised person or allow any unauthorised person to have access to any such documents, information or records. So Help Me God.
Dated this______day______ of______, 20___ .
Signature
Form 3
Anti-Corruption and Anti-Terrorism Agency Act, 2021 (Act 2021- )
OATH OF OFFICE
I_______do swear/affirm that I will exercise my functions as an employee/a person performing functions for the Anti-Corruption and Anti-Terrorism Agency without fear or favour, affection or ill-will according to the Laws of Barbados. So Help Me God.
Dated this_______day of_______, 20___ .
Signature
Form 4
Anti-Corruption and Anti-Terrorism Agency Act, 2021
(Act 2021- )
OATH OF SECRECY
I_______employee/person performing a function for the
Anti-Corruption and Anti-Terrorism Agency do swear/affi rm that I will treat all documents,
information and records of the Anti-Corruption and Anti-Terrorism Agency as secret and
confi dential and I shall not disclose or communicate to any unauthorised person or allow any
unauthorised person to have access to any such documents, information or records. So Help
Me God.
Dated this_______day of________, 20___.
Signature
SECOND SCHEDULE
(Section 32(2))
Contents of Report of Agency
1.The information referred to in section 32
(a)is a general description of the matters referred to the Agency;
(b)is subject to section 32(2), a general description of the matters investigated by the Agency;
(c)contains the following details with respect to matters investigated by the Agency;
(i)the number of investigations commenced but not completed during the financial year in question;
(ii)the average time taken to deal with complaints and the actual time taken to investigate any matter in respect of which a report is made.
(d)contains any recommendations for changes in the laws of Barbados, or for administrative action that the Agency considers should be made as a result of the exercise of its functions;
(e)states the general nature and extent of any information submitted under this Act by the Agency during the year to any other public body;
(f)includesthe number of matters investigated by the Agency which have resulted in prosecutions or disciplinary action in that year;
(g)lists a description of its activities during that year in relation to any of its functions;
(h)states the number of convictions and acquittals, and where a charge is laid, the time taken to dispose of each matter;
(i)contains such other information as the Agency thinks relevant.
(2)Notwithstanding paragraph (1), no details shall be provided by the Agency in relation to any matter under investigation by the Agency, or for which criminal proceedings have been instituted.
THIRD SCHEDULE
(Section 34(3))
Constitution and Procedure of Committee
Appointment of members and tenure
1.(1)The Governor-General shall on the recommendation of the Prime Minister after consultation with the Leader of the Opposition appoint 7 persons to be members of the Committee.
(2)The members of the Committee shall be appointed by instrument in writing and shall comprise
(a)a retired Judge;
(b)a retired officer of the Royal Barbados Police Force, not below the rank of Assistant Commissioner of Police;
(c)a retired officer of the Barbados Defence Force, not below the rank of Colonel; and
(d)a minister of religion each of whom shall hold office for a term of 5 years; and
(e)3 other members recommended by the Minister responsible for Defence and Security selected from persons with expertise in the following areas:
(i)financial matters;
(ii)anti-corruption matters; and
(iii)public procurement matters, each of whom shall hold office for a term of 3 years.
(3)All members of the Committee are eligible for reappointment.
Appointment of Chairman
2.(1)The Governor-General shall appoint the Chairman from amongst the members of the Committee.
(2)Where the Chairman is absent or unable to act, the Governor-General may appoint another member to act temporarily as Chairman.
Removal of Chairman and members of the Committee
3.The Chairman and other members of the Committee shall be removed from office by the Governor-General upon the recommendation of the Prime Minister after consultation with the Leader of the Opposition, if any of them is absent from three consecutive meetings of the Committee
(a)without the leave of
(i)the Governor-General, in the case of the Chairman; or
(ii)the Chairman, in the case of any other member, or without reasonable excuse; or
(b)becomes incapable of satisfactorily discharging the functions of his office whatever the cause.
Resignation of members of the Committee
4.A member may resign by giving written notice of resignation to the Chairman, and in the case of the Chairman, by giving written notice of resignation to the Governor-General.
Vacancy
5.(1)A vacancy in the membership of the Committee arises on
(a)the death or resignation of a member; or
(b)the removal from office of a member.
(2)Where a vacancy is created pursuant to sub-paragraph (1) a person may be appointed in accordance with paragraph 1(1) to fill the vacancy and the person so appointed shall hold office only for the unexpired portion of the term of the former member.
Gazetting of appointment etc.
6.The appointment, resignation, death or removal from office of a member shall be published in the Official Gazette.
Appointment of secretary and staff
7.(1)The Committee shall appoint a secretary whose duties shall be
(a)to receive complaints made pursuant to section 37 of the Act;
(b)to attend the meetings of the Committee;
(c)to record the proceedings of the Committee and keep the minutes of such meetings in proper form;
(d)generally to perform such duties connected with the work of the Committee as the Committee may require.
(2)The Committee may arrange for the use of the services of any officer or facilities of the Agency as it deems necessary for the performance of its functions.
Procedure
8.(1)The Committee shall meet as often as it considers necessary for the proper conduct of the affairs of the Committee, but shall meet not less than once per month.
(2)The Chairman or any other person appointed to act temporarily as Chairman shall preside at a sitting of the Committee.
(3)A quorum of the Committee shall be three members.
(4)Decisions of the Committee shall be by a majority of votes of the members and the Chairman shall have an original vote and a casting vote in any case in which the voting is equal.
(5)The Committee is not bound by rules of evidence and may inform itself in any way it considers appropriate but shall observe the rules of natural justice.
(6)Proper records of all proceedings of the Committee shall be kept.
(7)The Committee shall regulate its procedure.
Protection of members
9.No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Committee in respect of an act done bona fide in pursuance, or execution, or intended execution of the provisions of this Act.
Disclosure of interest
10.Any member of the Committee who has any interest, directly or indirectly, in any matter brought before the Committee shall
(a)as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a sitting of the Committee; and
(b)not be present during the deliberations of the Committee on the matter or take part in the decision of the Committee with respect thereto.
Authentication of documents
11.All documents made by, and all decisions of the Committee, may be signed under the hand of the Chairman or any member of the Committee authorised to act in that behalf.
Remuneration
12.There shall be paid from the funds of the Agency to the Chairman and other members of the Committee, such remuneration, whether by way of honorarium, salary or fees and such allowances as the Minister with responsibility for the Public Service may determine.
Drug Abuse (Prevention And Control) (Amendment) Act, 2021-6
I assent
S. MASON
Governor-General
29th March, 2021.
2021-6
An Act to amend the Drug Abuse (Prevention and Control) Act, Cap. 131, to provide for the payment of a fixed penalty for persons found in possession of small quantities of cannabis.
[Commencement: 30th March, 2021]
ENACTED by the Parliament of Barbados as follows:
Short title
1.This Act may be cited as the Drug Abuse (Prevention and Control) (Amendment) Act, 2021.
Insertion of sections 6A and 6B into Cap. 131
2.The Drug Abuse (Prevention and Control) Act, Cap. 131, in this Act referred to as the principal Act, is amended by inserting immediately after section 6 the following new sections:
“Fixed penalty
6A.(1)Notwithstanding section 6(2), a member of the Police Force may serve on a person whom he has reasonable cause to believe has no more than 14 grammes of cannabis in his possession, a notice in the form set out in Part I of the Third Schedule, offering him an opportunity of discharging any liability that would arise out of a conviction for that offence by payment of a fixed penalty, in the amount set out in Part II in the Third Schedule.
(2)Where a person referred to in subsection (1) is under the age of 18 years he shall, in addition to paying the fixed penalty referred to in that subsection, within 14 days of the service on him of the fixed penalty notice, attend the National Council on Substance Abuse for an assessment and undergo counselling for such period as the Council recommends.
(3)Where a person referred to in subsection (1) is
(a)18 years of age or older; and
(b)the member of the Police Force issuing the notice has reasonable cause for believing that he is addicted to cannabis the member of the Police Force may direct that person to attend the National Council on Substance Abuse for assessment and counselling.
(4)A notice referred to in subsection (1) shall be served personally on the person alleged to have committed the offence and shall
(a)contain a statement of the offence alleged;
(b)contain such particulars of the offence as are necessary for giving reasonable information of the allegation;
(c)specify a period of 30 days for the payment of the fixed penalty;
(d)specify that it is required for the person to attend the National Council on Substance Abuse for assessment and counselling in accordance with subsection (2) or (3), as the case may be;
(e)contain the amount of the fixed penalty; and
(f)specify the magistrate’s court to the clerk of which the fixed penalty is to be paid;
(5)Where a person referred to in subsection (1) disputes that he is in possession of cannabis, he may be prosecuted under section 6(2).
(6)The fixed penalty under this section shall be paid to the clerk of the magistrate’s court stated in the notice given pursuant to subsection (1).
(7)In any criminal proceedings for an offence under this section, a certificate that payment of a fixed penalty was or was not made to the clerk of the magistrate’s court by the date specified in the certificate signed by the clerk is prima facie evidence of the facts stated therein.
(8)A person who is under the age of 18 years who fails to
(a)pay the fixed penalty; and
(b)attend the National Council on Substance Abuse for assessment and counselling in the time specified in the notice is guilty of an offence and is liable on summary conviction to a fine of $1 000.
(9)A person who is 18 years of age or older who fails to
(a)pay the fixed penalty; or
(b)attend the National Council on Substance Abuse for assessment and counselling in the time specified in the notice is guilty of an offence and is liable on summary conviction to a fine of $1 000.
(10)Where the Court acts in accordance with subsection (7), the Court may, where it considers it appropriate in the circumstances, deal with the offender in accordance with the provisions of the Penal System Reform Act, Cap. 139.
(11)A person who, defaces, destroys or mutilates a notice referred to in subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $1 000 or to imprisonment for a term of one month.
(12)The Minister may, by order, amend, vary or revoke the Third Schedule.
Expungement of conviction
6B.Notwithstanding the provisions of the Criminal Records (Rehabilitation of Offenders) Act, Cap. 127A, a person convicted for the offence of possession of not more than 14 grammes of cannabis who has served his sentence, whether custodial or non-custodial,
(a)shall be deemed to be rehabilitated; and
(b)his conviction shall be deemed to be expunged.”.
Amendment of the principal Act
3.The principal Act is amended by
(a)renumbering the Third Schedule, Fourth Schedule and Fifth Schedule as the Fourth Schedule, Fifth Schedule and Sixth Schedule, respectively; and
(b)inserting as the Third Schedule, the Third Schedule contained in the Schedule to this Act.
SCHEDULE
(Section 3)
“THIRD SCHEDULE
(Section 6A(1))
PART I
Drug Abuse (Prevention and Control) Act
Cap. 131
NOTICE OF FIXED PENALTY
Section A
Name:________ Address:________ National Registration No.:_________ Telephone No.:__________ Name of Parent/Guardian (if applicable):_________ Place apprehended:__________ on the______ day of______ 20____ in circumstances giving me reasonable cause to believe that you committed an offence, to wit, possession of cannabis, contrary to section 6(2) of the Drug Abuse (Prevention and Control) Act, Cap. 131, in that you had in your possession____grammes of cannabis, contrary to section 6(2) of the said Act.
(Signature of Police Officer) (Number)
Instructions to Offender
If before the end of THIRTY (30) DAYS from the above date, the sum of $200.00 (being the fixed penalty for the offence) is paid to the Clerk at District Magistrate’s Court, the Police will not take proceedings for the offence, and any liability to conviction for the offence will be discharged.
Cash should be paid to the Clerk. Cheques, postal orders or money orders may be sent by post and made payable to the Clerk of the Magistrate’s Court of District . A receipt for the payment will be given. Part payment will not be accepted by the Clerk.
The person paying the fixed penalty must forward with the remittance, Section B of this notice or identify this notice by quoting its serial number.
If the fixed penalty is not paid, further action may be taken.
Section B
Serial No.(of notice)________
To: Clerk of District_____Magistrate’s Court
I enclosed the sum of $200.00 as payment of the fixed penalty for the offence mentioned in Part A of this notice.
Name:________ Address:________
(Signature) (Date)
(If the offender is a minor this section shall be completed by the parent or guardian of the minor.)
Section C
To: Manager
National Council on Substance Abuse
‘The Armaira Building’
Cnr. 1st Avenue and Pine Road
Belleville
St. Michael
The undermentioned person,
Name:_ Address:_ Name of Parent/Guardian (if applicable):_ Date of Birth:_, who was in possession of no more than 14 grammes of cannabis
being under the age of 18 years
being 18 years of age or over and who I have reasonable cause to believe to be addicted to cannabis
is referred for assessment and counselling.
(Signature of Police Officer) (Number)
Instructions to Offender
The offender shall report to the National Council on Substance Abuse within FOURTEEN DAYS of receipt of this Notice.
If the offender is under the age of 18 years, the offender should be accompanied by their parent or guardian.
The National Council on Substance Abuse is located at ‘The Amaira Building’, Corner of 1st Avenue and Pine Road, Belleville, St. Michael, telephone number (246) 535-6272. The office is open to the public between 8:00 am to 4:30 pm Mondays to Fridays, except on public holidays.
PART II
FIXED PENALTY
Fixed penalty – $200.00″.
Pesticides Control (Amendment) Act, 2021-7
BARBADOS
I assent
S. MASON
Governor-General
29th March, 2021.
2021-7
An Act to amend the Pesticides Control Act.
[Commencement: 30th March, 2021]
ENACTED by the Parliament of Barbados as follows:
Short title
1.This Act may be cited as the Pesticides Control (Amendment) Act, 2021.
Amendment of section 2 of Cap. 395
2.Section 2 of the Pesticides Control Act, Cap. 395, in this Act referred to as the principal Act, is amended by
(a)deleting the definition of “approved analyst” and substituting the following: “ “approved analyst” means the Director, Analytical Services or any other analyst approved by the Minister for the purpose of this Act;”; and
(b)inserting in alphabetical order, the following definition:
“ “Registrar” means any public officer appointed or designated as the Registrar of Pesticides for the purpose of this Act;”.
Insertion of section 3A into Cap. 395
3.The principal Act is amended by inserting after section 3, the following:
“Functions of Registrar
3A.(1)The Registrar of Pesticides shall
(a)be the secretary of the Board and shall perform such functions as are assigned to the secretary by this Act and by the Board;
(b)be responsible for the general supervision of inspectors;
(c)give to inspectors, on behalf of the Board, such information, instructions and directions as may be necessary for the operation of this Act;
(d)keep and maintain a register, to be called the Register of Pesticides, in accordance with subsection (2); and
(e)perform such other duties as may be assigned to him by this Act and by the Board.
(2)The Registrar shall enter in the Register of Pesticides such information as may be prescribed.
(3)The Register of Pesticides shall be open for public inspection.”.
Amendment of Schedule to Cap. 395
4.The Schedule to the principal Act is amended by
(a)deleting paragraph 1(1) and substituting the following:
“(1)The Pesticides Control Board, to which section 20(1) of the Interpretation Act, Cap. 1 shall apply, shall consist of
(a)the Chief Agricultural Officer or his nominee, who shall be the Chairman of the Board;
(b)the Chief Medical Officer or his nominee;
(c)the Director, Analytical Services or his nominee; and
(d)two other persons, one of whom may be a public officer, to be appointed by the Minister.”; and
(b)deleting paragraphs 5, 6 and 7 and substituting the following:
“5.The Board may, in the performance of its functions, seek advice from such persons, whether or not in the Public Service, as it may consider appropriate and may, for the purpose, establish such advisory committees as it considers necessary.
6.All documents made by, and all decisions of, the Board may be signified under the hand of the Chairman or any member of the Board authorised to act in that behalf or by the secretary of the Board.
7.Subject to this Schedule, the Board may regulate its own procedure.”.
S.I. 2021 No. 26
Minimum Wage Act
2017– 4
Minimum Wage (National And Sectoral Minimum Wage) Order, 2021
The Minister, in exercise of the power conferred on him by section 6(1) of the Minimum Wage Act, makes the following Order:
1.This Order may be cited as the Minimum Wage (National and Sectoral Minimum Wage) Order, 2021.
2.The national minimum wage is set out in the First Schedule.
3.The minimum sectoral wage for security guards is set out in the Second Schedule.
4.The Wages Councils (Wages Regulation) (Shop Assistants) Order, 2012 (S.I. 2012 No. 14) is revoked.
5.This Order shall come into operation on the 1st day of April, 2021.
FIRST SCHEDULE
(Paragraph 2)
NATIONAL MINIMUM WAGE
Minimum Time Rates National Minimum Rate of Pay $
PART I
General Minimum Wage Rates
- The minimum rate of wages payable weekly for a 40 hour workweek $340.00 per week
- The minimum rate of wages payable daily, for an 8 hour workday where an employee is not employed on a weekly basis $68.00 per day
- The minimum rate of wages payable hourly where an employee is not employed on a weekly or daily basis $8.50 per hour
PART II
Minimum Overtime Rates
- The minimum overtime rate of wages payable for ordinary working days $12.75 per hour or part thereof
- The minimum overtime rate of wages for Public Holidays $17.00 per hour or part thereof
SECOND SCHEDULE
(Paragraph 3)
SECTORAL MINIMUM WAGE FOR SECURITY GUARDS
Minimum Time Rates Sectoral Minimum Rate of Pay for Security Guards $
PART I
General Minimum Wage Rates
- The minimum rate of wages payable hourly $9.25 per hour
- For the avoidance of doubt, this Order does not affect the normal working hours of Security Guards.
PART II
Minimum Overtime Rates
- The minimum overtime rate of wages payable for ordinary working days $13.88 per hour or part thereof
- The minimum overtime rate of wages for Public Holidays $18.50 per hour or part thereof
Made by the Minister this 30th day of March, 2021.
C. JORDAN
Minister responsible for Labour
S.I. 2021 No. 27
Domestic Employees
CAP. 344
Domestic Employees (Rate Of Pay And Hours Of Duty) (Amendment) Order, 2021
The Minister, in exercise of the powers conferred on him by section 3A of the Domestic Employees, makes the following Order:
1.This Order may be cited as the Domestic Employees (Rate of Pay and Hours of Duty) (Amendment) Order, 2021.
2.The Domestic Employees (Rate of Pay and Hours of Duty) Order, 1982 (S.I. 1982 No. 81) is amended by deleting paragraph 2.
Made by the Minister this 30th day of March, 2021.
C. JORDAN
Minister responsible for Labour
