ConstitutionofBarbados
CHAPTER I
THE CONSTITUTION
Constitution is supreme law
1. This Constitution is the supreme law of Barbados and, subject to the
provisions of this Constitution, if any other law is inconsistent with
this Constitutions, this Constitution shall prevail and the other law
shall, to the extent of the inconsistency, be void.
CHAPTER II
CITIZENSHIP
Persons who become citizens on 30th November 1966
2. 1. Every person who, having been born in Barbados, is on 29th
November 1966 a citizen of the United Kingdom and Colonies shall become
a citizen of Barbados on 30th November 1966.
2. Every person who, having been born outside Barbados, is on 29th
November 1966 a citizen of the United Kingdom and Colonies shall, if
his father becomes or would but for his death have become a citizen of
Barbados in accordance with the provisions of subsection (1), become a
citizen of Barbados on 30th November 1966.
3. Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies -
a. having become such a citizen under the British Nationality Act
1948(a) by virtue of his having been naturalized in Barbados as a
British subject before that Act came into force; or
b. having become such a citizen by virtue of his having been naturalized or registered in Barbados under that Act.
shall become a citizen of Barbados on 30th November 1966.
Person entitled to be registered as citizens
3. 1. Any woman who on 29th November 1966 is or has been married to a person -
a. who becomes a citizen of Barbados by virtue of section 2; or
b. who, having died before 30th November 1966, would but for his death
have become a citizen of Barbados by virtue of that section.
shall be entitled, upon making application, and, if she is a British
protected person or an alien, upon taking the oath of allegiance, to be
registered as a citizen of Barbados.
2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -
a. has been ordinarily resident in Barbados continuously for a period
of seven years or more at any time before 30th November 1966; and
b. has not, since such period of residence in Barbados and before that
date, been ordinarily resident outside Barbados continuously for a
period of seven years or more.
shall be entitled, upon making application, to be registered as a citizen of Barbados:cralaw:red
Provided that the right to be registered a s a citizen of Barbados
under this subsection shall be subject to such exceptions or
qualifications as may be prescribed in the interests of national
security or public policy.
3. Any woman who on 29th November 1966 is or has been married to a
person who subsequently becomes a citizen of Barbados by registration
under subsection (2) shall be entitled, upon making application, and,
if she is a British protected person or an alien, upon taking the oath
of allegiance, to be registered as a citizen of Barbados:cralaw:red
Provided that the right to be registered as a citizen of Barbados under
this subsection shall be subject to such exceptions or qualifications
as may be prescribed in the interests of national security or public
policy.
4. Any application for registration under this section shall be made in
such manner as may be prescribed as respects that application:cralaw:red
Provided that such an application may not be made by a person who has
not attained the age of twenty one years and is not a woman who is or
has been married but shall be made on behalf of that person by a parent
or guardian of that person.
Persons born in Barbados after 29th November 1966
4. Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:cralaw:red
Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth -
a. his father possesses such immunity from suit and legal process as is
accorded to an envoy of a foreign sovereign state accredited to Her
Majesty in right of Her Government in Barbados and neither of his
parents is a citizen of Barbados; or
b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
Persons born outside Barbados after 29th November 1966.
5. A person born outside Barbados after 29th November 1966 shall become
a citizen of Barbados at the date of his birth if at that date his
father is a citizen of Barbados otherwise than by virtue of this
section or section 2(2).
Marriage to citizen of Barbados
6. Any woman who, after 29th November 1966, marries a person who is or
becomes a citizen of Barbados shall be entitled, upon making
application in such manner as may be prescribed and, if she is a
British protected person or an alien, upon taking the oath of
allegiance, to be registered as a citizen of Barbados.
Renunciation of citizenship
7. Any citizen of Barbados who has attained the age of twenty-one years and who -
a. is also a citizen or national of any other country; or
b. intends to become a citizen or national of any other country, shall
be entitled to renounce his citizenship of Barbados by a declaration
made and registered in such manner as may be prescribed:
Provided that -
a. in the case of a person who is not a citizen or national of any
other country at the date of registration of his declaration of
renunciation, if he does not become such a citizen or national within
six months from the date of registration he shall be, and shall be
deemed to have remained, a citizen of Barbados notwithstanding the
making and registration of his declaration of renunciation; and
b. the right of any person to renounce his citizenship of Barbados
during any period when Barbados is engaged in any war shall be subject
to such exceptions or qualifications as any be prescribed in the
interests of national security or public policy.
Commonwealth citizens
8. 1. Every person who under this Constitution or any Act of Parliament
is a citizen of Barbados or under any enactment for the time being in
force in any country to which this section applies is a citizen of that
country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.
2. Every person who is a British subject without citizenship under the
British nationality act 1948, continues to be a British subject under
section 2 of that Act or is a British subject under the British
Nationality Act 1965(a) shall, by virtue of that status, have the
status of a Commonwealth citizen.
3. Save as may be otherwise provided by Parliament, the countries to
which this section applies are the United Kingdom and colonies, Canada,
Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia,
Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago,
Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana,
Botswana, Lesotho and southern Rhodesia.
Powers of Parliament
9. Parliament may make provision -
a. for the acquisition of citizenship of Barbados by persons who do not
become citizens of Barbados by virtue of the provisions of this
Chapter; or
b. for depriving of his citizenship of Barbados any person who is a
citizen of Barbados otherwise than by virtue of subsection (1) or (2)
of section 2 or section 4 o section 5.
Interpretation
10. 1. In this chapter - "alien" means a person who is not a
Commonwealth citizen, a British protected person or a citizen of the
Republic of Ireland;chanroblesvirtualawlibrary
"British protected person" means a person who is a British protected
person for the purposes of the British Nationality Act 1948;chanroblesvirtualawlibrary
"prescribed" means prescribed by or under any Act of Parliament.
2. Any reference in this Chapter to the father of a person shall, in
relation to any person born out of wedlock other than a person
legitimed before 30th November 1966, be construed as a reference to the
mother of that person.
3. For the purposes of this Chapter, a person born aboard a registered
ship or aircraft, or aboard an unregistered ship or aircraft of the
government of any country, shall be deemed to have been born in the
palace in which the ship or aircraft was registered or, as the case may
be, in that country.
4. any reference in this Chapter to the national status of the father
of a person at the time of that person's birth, shall, in relation to a
person born after the death of the father, be construed as a reference
to the national status of the father at the time of the father's death;
and where that death occurred before 30th November 1966 and the birth
occurred after 29th November 1966 the national status that the father
would have had if he had died on 30th November 1966 shall be deemed to
be his national status at the time of his death.
CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
11. Whereas every person in Barbados is entitled to the fundamental
rights and freedoms of the individual, that is to say, the right,
whatever his race, place of origin, political opinions, color, creed or
sex, but subject to respect for the rights and freedoms of others and
for the public interest, to each and all of the following, namely -
a. life, liberty and security of the person;
b. protection for the privacy of his home and other property and from deprivation of property without compensation;
c. the protection of the law; and
d. freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the
purpose of affording protection to those rights and freedoms subject to
such limitations of that protection as are contained in those
provisions, being limitations designed to ensure that the enjoyment of
the said rights and freedoms by any individual does not prejudice the
rights and freedoms of others or the public interest.
Protection of right to life
12. 1. No person shall be deprived of his life intentionally save in
execution of the sentence of a court in respect of a criminal offense
under the law of Barbados of which he has been convicted.
2. A person shall not be regarded as having been deprived of his life
in contravention of this section if he dies as the result of the use,
to such extent and in such circumstances as re permitted by law, of
such force as is reasonably justifiable -
a. for the defence of any person from violence or for the defence of property;
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c. in order lawfully to prevent the commission by that person of a criminal offense,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
13. 1. No person shall be deprived of his personal liberty save as may
be authorized by law in any of the following cases, that is to say -
a. in consequence of his unfitness to plead to a criminal charge or in
execution of the sentence or order of a court, whether established for
Barbados or some other country, in respect of a criminal offense of
which he has been convicted;
b. in execution of an order of the High Court or the Court of Appeal or
such other court as may be prescribed by Parliament punishing him for
contempt of any such court or of another court or tribunal;
c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
d. for the purpose of bringing him before a court in execution of the order of a court;
e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;
f. in the case of a person who has not attained the age of twenty-one
years, under the order of a court or with the consent of his parent or
guardian, for the purpose of his education or welfare;
g. for the purpose of preventing the spread of an infectious or contagious disease;
h. in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;
i. for the purpose of preventing the unlawful entry of that person into
Barbados, or for the purpose of effecting the expulsion, extradition or
other lawful removal of that person from Barbados or for the purpose of
restricting that person while he is being conveyed through Barbados in
the course of his extradition or removal as a convicted prisoner form
one country to another; or
j. to such extent as may be necessary in the execution of a lawful
order requiring that person to remain within a specified area within
Barbados or prohibiting him from being within such an area, or to such
extent as may be reasonably justifiable for the taking of proceedings
against that person with a view to the making of any such order or
relating to such an order after it has been made or to such extent as
may be reasonably justifiable for restraining that person during any
visit that he is permitted to make to any part of Barbados in which, in
consequence of any such order, his presence would otherwise be unlawful.
2. Any person who is arrested or detained shall be informed as soon as
reasonably practicable, in a language that he understands, of the
reasons for his arrest or detention and shall be permitted, at his own
expense, to retain and instruct without delay a legal adviser of his
own choice, being a person entitled to practice in Barbados as a
barrister or solicitor, and to hold private communication with him; and
in the case of a person who has not attained the age of sixteen years
he shall also be afforded a reasonable opportunity for communication
with his parent or guardian.
3. Any person who is arrested or detained -
a. for the purpose of bringing him before a court in execution of the order of a court; or
b. upon reasonable suspicion of his having committed or being about to
commit a criminal offense. and who is not released, shall be brought
before a court as soon as is reasonably practicable; and if any person
arrested or detained upon reasonable suspicion of his having committed
or being about to commit a criminal offense is not tried within a
reasonable time, then, without prejudice to any further proceedings
which may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular
such conditions as are reasonably necessary to ensure that he appears
at a later date for trial or for proceedings preliminary to trial.
4. Any person who is unlawfully arrested or detained by any other
person shall be entitled to compensation therefor from that other
person.
5. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of the foregoing
provisions of this section to the extent that the law in question
authorizes the taking during a period of public emergency of measures
that are reasonably justifiable for the purpose of dealing with the
situation that exists during that period of public emergency.
6. Where a person is detained by virtue of such a law as is referred to
in subsection (5), the following provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more
than five days after the commencement of his detention, be furnished
with a statement in writing, in a language that he understands, of the
grounds upon which he is detained;
b. not more that fourteen days after the commencement of his detention,
a notification shall be published in the Gazette stating that he has
been detained and giving particulars of the provision of law under
which his detention is authorized;
c. he may from time to time request that his case be reviewed under
paragraph (d) but, where he has made such a request, no subsequent
request shall be made before the expiration of three months from the
making of the previous request;
d. where a request is made under paragraph (c), the case shall, within
one month of the making of the request, be reviewed by an independent
and impartial tribunal established by law and presided over by a person
appointed by the Chief Justice from among persons entitled to practice
in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct,
at his own expense, a legal adviser of his own choice, being a person
entitled to practice as aforesaid, and he and any such legal adviser
shall be permitted to make written or oral representations or both to
the tribunal appointed for the review of his case.
7. On any review by a tribunal in pursuance of subsection (6) of the
case of any detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to
the authority by whom it was ordered, but, unless it is otherwise
provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.
8. When any person is detained by virtue of such a law as is referred
to in subsection (5) the Prime Minister or a Minister authorized by him
shall, not more than thirty days after the commencement of the
detention and thereafter not more than thirty days after the making of
the previous report, make a report to each House stating the number of
persons detained as aforesaid and the number of cases in which the
authority that ordered the detention has not acted in accordance with
the recommendations of a tribunal appointed in pursuance of subsection
(6):cralaw:red
Provided that in reckoning any period of thirty days for the purposes
of this subsection no account shall be taken of any period during which
Parliament stands prorogued or dissolved.
Protection from slavery and forced labour
14. 1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this section, the expression "forced labour" does not include -
a. any labour required in consequence of the sentence or order of a court;
b. any labour required of any person while he is lawfully detained
that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the
maintenance of the palace at which he is detained;
c. any labour required of a member of a disciplined force in pursuance
of his duties as such or, in the case of a person who has conscientious
objections to service as a member of a naval, military or air force,
any labour that person is required by law to perform in place of such
service; or
d. any labour required during any period when Barbados is at war or in
the event of any hurricane, earthquake, flood, fire or other like
calamity that threatens the life or well-being of the community, to the
extent that the requiring of such labour is reasonably justifiable, in
the circumstances of any situation arising or existing during that
period or as a result of that calamity, for the purpose of dealing with
that situation.
Protection from inhuman treatment
15. 1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.
2. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question authorizes the infliction of any
punishment or the administration of any treatment that was lawful in
Barbados immediately before 30th November 1966.
Protection from deprivation of property
16. 1. No property of any description shall be compulsorily taken
possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except by or under the
authority of a written law and where provision applying to that
acquisition or taking of possession is made by a written law -
a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and
b. giving to any person claiming such compensation a right or access,
either directly or by way of appeal, for the determination of his
interest in or right over the property and the amount of compensation,
to the High Court.
2. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section -
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -
i. in satisfaction of any tax, duty, rate, cess or other impost;
ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessity so to do because
the property is in a dangerous state o injurious to the health of human
beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions; or
vii. for so long only as may be necessary for the purposes of any
examination, investigation, trial or inquiry or, in the case of land,
for the purposes of the carrying out thereon of work of soil
conservation or the conservation of other natural resources o work
relating to agricultural development or improvement; or
b. to the exent that the law in question makes provision for the taking of possession or acquisition of -
i. enemy property;
ii. property of a deceased person, a person of unsound mind or a person
who has not attained the age of twenty-one years, for the purpose of
its administration for the benefit of the persons entitled to the
beneficial interest therein;
iii. property of a person adjudged insolvent or a body corporate in
liquidation, for the purpose of its administration for the benefit of
the creditors of the insolvent person or body corporate and, subject
thereto, for the benefit of other persons entitled to the beneficial
interest in the property; or
iv. property subject to a trust, for the purpose of vesting the
property in persons appointed as trustees under the instrument creating
the trust or by a court or, by order of a court, for the purpose of
giving effect to the trust.
3. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision for the orderly
marketing or production or growth or extraction of any agricultural
product or mineral or any article or thing prepared for market or
manufactured therefor or for the reasonable restriction of the use of
any property in the interest of safeguarding the interests of others or
the protection of tenants, licensees or others having rights in or over
such property.
4. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision of the compulsory
taking possession in the public interest of any property, or the
compulsory acquisition in the public interest of any interest in or
right over property, where that property, interest or right is held by
a body corporate established directly by law for public purposes in
which no monies have been invested other than monies provided by
parliament or by any Legislature established for the former Colony of
Barbados.
Protection against arbitrary search or entry
17. 1. Except with his own consent, no person shall be subjected to the
search of his person or his property or the entry by others on his
premises.
2. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision that is reasonably
required -
a. in the interests of defence, public safety, public order, public
morality, public health, town or country planning the development or
utilization of mineral resources, or the development or utilization of
any other property in such manner as to promote the public benefit;
b. for the purposes of protecting the rights or freedoms of other persons;
c. for the purposes of authorizing an officer or agent of the
Government, or of a local government authority or of a body corporate
established directly by law for public purposes to enter on the
premises of any person in order to inspect those premises or anything
thereon for the purposes of any tax, duty, rate, cess or other impost
or in order to carry out work connected with any property that is
lawfully on those premises and that belongs to the Government or that
authority or body corporate, as the case may be;
d. for the purposes of authorizing the entry upon any premises in
pursuance of an order of a court for the purpose of enforcing the
judgment or order of a court in any proceedings; or
e. for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.
Provisions to secure protection of law
18. 1. If any person is charged with a criminal offense, then, unless
the charge is withdrawn, the case shall be afforded a fair hearing
within a reasonable time by an independent and impartial court
established by law.
2. Every person who is charged with a criminal offense -
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language
that he understands and in detail, of the nature of the offense charged;
c. shall be given adequate time and facilities for the preparation of his defence;
d. shall be permitted to defend himself before the court in person or by a legal representative of his own choice;
e. shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court
and to obtain the attendance and carry out the examination of witnesses
to testify on his behalf before the court on the same conditions as
those applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an
interpreter if he cannot understand the language used at the trial of
the charge.
and, except with his consent, the trial shall not take place in his
absence unless he so conducts himself as to render the proceedings in
his presence impracticable and the court has ordered the trial to
proceed in his absence.
3. When a person is tried for any criminal offense, the accursed person
or any person authorized by him in that behalf shall, if he so requires
and subject to payment of such reasonable fee as may be prescribed by
law, be given within a reasonable time after judgment a copy for the
use of the accused person of any record of the proceedings made by or
on behalf of the court.
4. No person shall be held to be guilty of a criminal offense on
account of any act or omission that did not, at the time it took place,
constitute such an offense, and no penalty shall be imposed for any
criminal offense that is more severe in degree or nature than the most
severe penalty that might have been imposed for that offense at the
time when it was committed.
5. No person who shows that he has been tried by a competent court for
a criminal offense and either convicted or acquitted shall again be
tried for that offense or for any other criminal offense, save upon the
order of a superior court in the course of appeal proceedings relating
to the conviction or acquittal.
6. No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.
7. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.
8. Any court or other tribunal prescribed by law for the determination
of the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where
proceedings for such a determination are instituted by any person
before such court or other tribunal, the case shall be given a fair
hearing within a reasonable time.
9. Except with the agreement of all the parties thereto, all
proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other
tribunal, including the announcement of the decision of the court or
other tribunal, shall be held in public.
10. Nothing in subsection (9) shall prevent the court or other tribunal
from excluding from the proceedings persons other than the parties
thereto and their legal representatives to such extent as the court or
other tribunal -
a. may by law be empowered so to do and may consider necessary or
expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the
interests of decency, public morality, the welfare of persons under the
age of eighteen years or the protection of the private lives of persons
concerned in the proceedings; or
b. may by law be empowered or required so to do in the interests of defence, public safety or public order.
11. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of -
a. subsection (2)(a) to the extent that the law in question imposes
upon any person charged with a criminal offense the burden of proving
particular facts;
b: subsection (2)(e) to the extent that the law in question imposes
conditions that must be satisfied if witnesses called to testify on
behalf of an accused person are to be aid their expenses out of public
funds; or
c. subsection (5) to the extent that the law in question authorizes a
court to try a member of a disciplined force for a criminal offense
notwithstanding any trial and conviction or acquittal of that member
under the disciplinary law of that force, so, however, that any court
so trying such a member and convicting him shall in sentencing him to
any punishment, take into account any punishment awarded him under that
disciplinary law.
12. Nothing contained in subsection (2)(d) shall be construed as entitling a person to legal representation at public expense.
Protection of freedom of conscience
19. 1. Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of conscience and for the purpose of this
section the said freedom includes freedom of thought and of religion,
freedom to change his religion or belief and freedom, either alone or
in community with others, and both in public and in private, to
manifest and propagate his religion or belief in worship, teaching,
practice and observance.
2. Every religious community shall be entitled, at its own expense, to
establish and maintain places of education and to manage any place of
education which it wholly maintains.
3. No religious community shall be prevented from providing religious
instruction for persons of that community in the course of any
education provided by that community whether or not that community is
in receipt of any government subsidy, grant or other form of financial
assistance designed to meet, in whole or in part, the cost of such
course of education.
4. Except with his own consent (or, if he is a person who has not
attained the age of twenty-one years, the consent of his guardian), no
person attending any place of education shall be enquired to receive
religious instruction or to take part in or attend any religious
ceremony or observance if that instruction, ceremony or observance
relates to a religion which is not his own.
5. No person shall be compelled to take any oath which is contrary to
his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
6. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision -
a. which is reasonably required -
i. in the interests of defence, public safety, public order, public morality or public health; or
ii. for he purpose of protecting the rights and freedoms of other
per5sons, including the right to observe and practice any religion
without the unsolicited of members of any other religion; or
b. with respect to standards or qualifications to be required in
relation to places of education including any instruction (not being
religious instruction) given at such places.
7. References in this section to a religion shall be construed as
including references to a religious denomination, and cognate
expressions shall be construed accordingly.
Protection of freedom of expression
20. 1. Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of expression, and for the purposes of this
section the said freedom includes the freedom to hold opinions without
interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without
interferences and freedom from interference with his correspondence or
other means of communication.
2. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision -
a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the
reputations, rights and freedoms of other persons or the private lives
of persons concerned in legal proceedings, preventing the disclosure of
information received in confidence, maintaining the authority and
independence of the courts or regulating the administration or
technical operation of telephony, telegraphy, posts, wireless
broadcasting, television or other means of communication or regulating
public exhibitions or public entertainments; or
c. that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of assembly and association
21. 1. Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of assembly and association, that is to say,
his right to assemble freely and associate with other persons and in
particular to form or belong to political parties or to form or belong
to trade unions or other associations for the protection of his
interests.
2. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision -
a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or
b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
c. that imposes restrictions upon public officers or members of a disciplined force.
Protection of freedom of movement
22. 1. No person shall be deprived of his freedom of movement, that is
to say, the right to move freely throughout Barbados, the right to
reside in any part of Barbados, the right to enter Barbados, the right
to leave Barbados and immunity from expulsion from Barbados.
2. Any restriction on a person's freedom of movement that is involved
in his lawful detention shall not be held to be inconsistent with or in
contravention of this section.
3. Nothing contained in or done under the authority of any law shall be
held to be inconsistence with or in contravention of this section to
the extent that the law in question makes provision -
a. for the imposition of restrictions on the movement or residence
within Barbados of any person or on any person s right to leave
Barbados that are reasonably required in the interests of defence,
public safety or public order;
b. for the imposition of restrictions on the movement or residence
within Barbados or on the right to leave Barbados of persons generally
or any class of persons that are reasonably required in the interests
of defence, public safety, public order, public morality or public
health;
c. for the imposition of restrictions on the movement or residence
within Barbados of any person who is not a citizen thereof or the
exclusion or expulsion from Barbados of any such person;
d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;
e. for the imposition of restrictions, by order of a court, on the
movement or residence within Barbados of any person or on any person's
right to leave Barbados either in consequence of this having been found
guilty of a criminal offense under the law of Barbados or for the
purpose of ensuring that he appears before a court at a later date for
trial for such a criminal offense or for preceedings preliminary to
trial or for preceding relating to his extradition or lawful removal
from Barbados;
f. for the imposition of restrictions upon the movement or residence
within Barbados or on the right to leave Barbados of public officers or
members of a disciplined force;
g. for the removal of persons from Barbados -
i. to be tried or punished in some other country for a criminal offense under the law of that country;
ii. to undergo imprisonment in some other country in execution of the
sentence of a court in respect of a criminal offense under the law of
Barbados of which he has been convicted;
iii. to be detained in an institution in some other country for the
purpose of giving effect to the order of a court made in pursuance of a
law of Barbados relating to the treatment of offenders under a
specified age; or
iv. to be detained for care or treatment in a hospital or other
institution in pursuance of a law of Barbados relating yo persons
suffering from defect or disease of the mind; or
h. for the imposition of restrictions on the right of any person to
leave Barbados that are reasonably required in order to secure the
fulfillment of any obligations imposed on that person by law.
4. Where a person's freedom of movement is restricted by virtue of such
a provision as is referred to in subsection (3)(a), the following
provisions shall apply -
a. he shall, as soon as reasonably practicable and in any case not more
than five days after the Commencement of the restriction, be furnished
with a statement in writing, in a language that he understands, of the
grounds upon which the restriction has been imposed;
b. not more than fourteen days after the commencement of the
restriction, a notification shall be published in the Gazette stating
that his freedom of movement has been restricted and giving particulars
of the provision of law under which the restriction is authorized;
c. he may from time to time request that his case be reviewed under
paragraph (d) but, where he has made such a request, no subsequent
request shall be made before the expiration of three months from the
making of the previous request;
d. where a request is made under paragraph (c), the case shall, within
one month of the making of the request, be reviewed by an independent
and impartial tribunal established by law and presided over by a person
appointed by the Chief Justice from among persons entitled to practice
in Barbados as barristers or solicitors; and
e. he shall be afforded reasonable facilities to consult and instruct,
at his own expense, a legal adviser of his own choice, being a person
entitled to practice as aforesaid, and he and any such legal adviser
shall be parted to make written or oral representations or both to the
tribunal appointed for the review of his case.
5. On any review by a tribunal in pursuance of subsection (4) of the
case of any person whose freedom of movement has been restricted the
tribunal may make recommendations concerning the necessity of
expediency of continuing that restriction to the authority by whom it
was ordered, but, unless it is otherwise provided by law, that
authority by whom it was ordered, but, unless, it is otherwise provided
by law, that authority shall not be obliged to act in accordance with
any such recommendations.
Protection from discrimination on ground of race, etc.
23. 1. Subject to the provisions of this section
a. no law shall make any provision that is discriminatory either of itself or in its effect; and
b. no person shall be treated in a discriminatory manner by any person
acting by virtue of any written law or in the performance of the
functions of any public office or any public authority.
2. In this section the expression "discriminatory" means affording
different treatment to different persons attributable wholly or mainly
to their respective descriptions by race, place of origin, political
opinions, colour or creed whereby persons of one such description are
subjected to disabilities or restrictions to which person of another
such description are not made subject or are accorded privileges or
advantages which are not afforded to persons of another such
description.
3. Subsection (1)(a) shall not apply to any law so far as that law makes provision -
a. with respect to persons who are not citizens of Barbados;
b. with respect to adoption, marriage, divorce..dissolutions of property on death or other matters of personal law;
c. whereby person of any such description as is mentioned in subsection
(2) may be subjected to any disability or restriction or may be
accorded any privilege or advantage which, having regard to its nature
and to special circumstances pertaining to those persons or to persons
of any other such description, is reasonably justifiable;
d. for authorizing the taking during a period of public emergency of
measures that are reasonably justifiable for the purpose of dealing
with the situation that exists during that period of public emergency;
or
e. for the imposition of taxation or appropriation of revenue by the
Government or by any local government authority for local purposes.
4. Nothing contained in any law shall be held to be inconsistent with
or in contravention of subsection (1)(a) to the extent that it makes
provision with respect to standards or qualifications (not being
standards or qualifications specifically relating to race, place of
origin, political opinion, colour or creed) to be required of any
person who is appointed to any office in the public service, any office
in a disciplined force, or any office in the service of a local
government authority or of a body corporate established by any law for
public purposes.
5. Subsection (1)(b) shall not apply to anything which is expressly or
by necessary implication authorized to be done by any such provision of
law as is referred to in subsection (3) or (4).
6. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision whereby persons of any
such description as is mentioned in subsection (2) may be subjected to
any restriction on the rights and freedoms guaranteed by sections 17,
19, 20, 21 and 22, being such a restriction as is authorized by
subsection (2) of section 17, subsection (6) of section 19, subsection
(2) of section 20, subsection (2) of section 21, or subsection (3) of
section 22, as the case may be.
7. Subsection (1)(b) shall not affect any discretion relating to the
institution, conduct or discontinuance of civil or criminal proceedings
in any court that is vested in any person by this Constitution or any
other law.
Enforcement of protective provisions
24. 1. Subject to the provisions of subsection (6), if any person
alleges that any of the provisions of sections 12 to 23, is being or is
likely to be contravened in relation to him (or, in the case of a
person who is detained, if any other person alleges such a
contravention in relation to the detained person), then, without
prejudice to any other action with respect to the same matter which is
lawfully available, that person (or that other person) may apply to the
High Court for redress.
2. The High Court shall have original jurisdiction -
a. to hear and determine any application made by any person in pursuance of subsection (2); and
b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).
and may make such orders, issue such writs and give such directions as
it may consider appropriate for the purpose of enforcing or securing
the enforcement of any of the provisions of sections 12 to 23:cralaw:red
Provided that the High Court shall not exercise its powers under this
subsection if it is satisfied that adequate means of redress are or
have been available to the person concerned under any other law.
3. If in any proceedings in any court subordinate to the High Court any
question arises as to the contravention of any of the provisions of
sections 12 to 23, the person presiding in that court shall refer the
question to the High Court unless, in his opinion, the raising of the
question is merely frivolous or vexatious.
4. Where any question is referred to the High Court pursuance of
subsection (3), the High Court shall give its decision upon the
question and the court in which the question arose shall dispose of the
case in accordance with that decision or, if that decision is the
subject of an appeal under this Constitution to the Court of Appeal or
to Her Majesty in Council, in accordance with the decision of the Court
of Appeal or, as the case may be, of Her Majesty in Council.
5. Parliament may confer upon the High Court such powers in addition to
those conferred by this section as may appear to Parliament to be
necessary or desirable for the purpose of enabling the High Court more
effectively to exercise the jurisdiction conferred upon it by this
section.
6. Parliament may make provision with respect to the practice and procedure -
a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
b. of the High Court and the Court of Appeal in relation to appeals to
the Court of Appeal from decisions of the High Court in the exercise of
such jurisdiction; and
c. of subordinate courts in relation to references to the High Court under subsection (3);
including provision with respect to the time within which any
application, reference or appeal shall or may be made or brought; and,
subject to any provision so made, provision may be made with respect to
the matters aforesaid by rules of court.
7. In this section "the Court of Appeal" has the same meaning as it has in section 87.
Time of emergency
25. 1. In this Chapter "period of public emergency" means any period during which -
a. Barbados is engaged in any war; or
b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or
c. there is in force a resolution of each House supported by the votes
of not less than two thirds of all the members of that House declaring
that democratic institutions in Barbados are threatened by subversion.
2. A proclamation made by the Governor General shall not be effective
for the purposes of subsection (1) unless it is declared therein that
the Governor General is satisfied -
a. that a public emergency has arisen as a result of the imminence of a
state of war between Barbados and another State or as a result of the
occurrence of any earthquake, hurricane, flood, fire, outbreak of
pestilence, outbreak of infectious disease or other calamity, whether
similar to the foregoing or not; or
b. that action has been taken or is immediately threatened by any
person of such a nature and on so extensive a scale as to be likely to
endanger the public safety or to deprive the community, or any
substantial portion of the community, of supplies or services essential
to life.
3. A proclamation made by the Governor General for the purposes of this
section shall, unless previously revoked, remain in force for one month
or for such longer period, not exceeding six months, as the House of
Assembly may determine by a resolution supported by the votes of a
majority of all the members of that House;chanroblesvirtualawlibrary
Provided that any such proclamation may be extended from time to time
for a further period not exceeding six months by resolution passed in
like manner and may be revoked at any time by resolution supported by
the votes of a majority of all the members of the House of Assembly.
4. A resolution passed by a House for the purposes of subsection (1)(c)
may be revoked at any time by a resolution of that House supported by
the votes of a majority of all the members thereof.
Saving of existing law
26. 1. Nothing contained in or done under the authority of any written
law shall be held to be inconsistent with or in contravention of any
provision of sections 12 to 23 to the extent that the law in question -
a. is a law (in this section referred to as "an existing law") that was
enacted or made before 30th November 1966 and has continued to be part
of the law of Barbados at all times since that day;
b. repeals and re-enacts an existing law without alteration; or
c. alters an existing law and does not thereby render that law
inconsistent with any provision of sections 12 to 23 in a manner in
which, or to an extent to which, it was not previously so inconsistent.
2. In subsection (1)(c) the reference to altering and existing law
includes references to repealing it and re-enacting it with
modifications or making different provisions in lieu thereof, and to
modifying it; and in subsection (1) "written law" includes any
instrument having the force of law and in this subsection and
subsection (1) references to the repeal and re-enactment of an existing
law shall be construed accordingly.
Interpretation
27. 1. In this chapter -
"contravention", in relation to any requirement, includes a failure to comply with that requirement;chanroblesvirtualawlibrary
"court" means any court of law having jurisdiction in Barbados other
that a court established by a disciplinary law, and includes Her
Majesty in Council and -
a. in section 12, section 13, section 14, subsections (2), (3), (5),
(8), (9) and (10) of section 18, section 22 and subsection (7) of
section 23 includes, in relation to an offense against a disciplinary
law, a court established by such a law; and
b. in section 13, section 14 and subsection (7) of section 23 includes,
in relation to an offense against a disciplinary law, any person or
authority empowered to exercise jurisdiction in respect of that offense;
"disciplinary law" means a law regulating the discipline of any disciplined force;chanroblesvirtualawlibrary
"disciplined force" means -
a. a naval, military or air force;
b. a police force;
c. a prison service; or
d. a fire service;
"legal representative", in relation to any court or other tribunal,
means a person entitled to practice as a barrister or solicitor before
such court or tribunal; and
"member", in relation to a disciplined force, includes any person who,
under the law regulating the discipline of that force, is subject to
that discipline.
2. References in sections 12, 13, 17 and 22 to a criminal offense shall
be construed as including references to an offense against a
disciplinary law, and such references in subsections (2) to (7) and
(11)(a) of section 18 shall, in relation to proceedings before a court
established by a disciplinary law, be similarly construed.
3. In relation to any person who is a member of a disciplined force
raised under the law of any country other than Barbados and lawfully
present in Barbados, nothing contained in or done under the authority
of the disciplinary law of that force shall be held to be inconsistent
with or in contravention of any provision of sections 12 to 23.
CHAPTER IV
THE GOVERNOR GENERAL
Establishment of office of Governor General
28. There shall be a Governor General of Barbados who shall be
appointed by Her Majesty and shall hold office during Her Majesty's
pleasure and who shall be Her Majesty's representative in Barbados.
Acting Governor General
29. 1. Whenever the office of Governor General is vacant or the holder
of the office is absent from Barbados or is for any other reason unable
to perform the functions of his office, those functions shall be
performed -
a. by any person for the time being designated by Her Majesty in that
behalf who is in Barbados and able to perform those functions; or
b. at any time when there is no person in Barbados so designated and
able to perform those functions, by the holder of the office of Chief
Justice; or
c. at any time referred to in paragraph (b) when the office of Chief
Justice is vacant or the holder thereof is absent from Barbados or is
for any other reason unable to perform those functions, by the
President of the Senate.
2. The holder of the office of Governor General or any person
designated under paragraph (2) or by paragraph (b) of subsection (1)
shall not, for the purposes of this section, be regarded as absent from
Barbados or as unable to perform the functions of the office of
Governor General at any time when there is a subsisting appointment of
a deputy under section 30.
Deputy to Governor General
30. 1. Whenever the Governor General -
a. has occasion to be absent from Barbados for a period which he has reason to believe will be of short duration; or
b. is suffering from an illness that he has reason to believe will be of short duration,
he may, acting in accordance with the advice of the Prime Minister, by
instrument under the Public Seal, appoint any person in Barbados to be
his deputy during such absence or illness and in that capacity to
perform on his behalf such of the functions of the office of Governor
General as may be specified in that instrument.
2. The power and authority of the Governor General shall not be
abridged, altered or in any way affected by the appointment of a deputy
under this section, and in the exercise of any function that is
exercisable by he Governor General acting in his discretion or after
consultation with any person or authority a deputy shall conform to and
observe any instructions that the Governor General, acting in like
manner, may address to him;chanroblesvirtualawlibrary
Provided that the question whether or not a deputy has conformed to
observed any such instructions shall not be enquired into in any court.
3. A person appointed as a deputy under this section shall that
appointment for such period as may be specified in the instrument by
which he is appointed and his appointment may be revoked at any time by
the Governor General acting in accordance with the advice of the Prime
Minister.
Personal staff of Governor - General
31. 1. Parliament may prescribe the offices that are to constitute the
personal staff of the Governor - General, the salaries and allowances
that are to be paid to the members of the staff and the other sums that
are to be paid in respect of the expenditure attaching to the office of
Governor - General.
2. Any salaries or other sums prescribed under subsection (1) are
hereby charged on and shall be paid out of the Consolidated Fund.
3. Subject to the provisions of subsection (4), power to make
appointments to the offices for the time being prescribed under
subsection (1) as offices that are to constitute the personal staff of
the Governor - General, and to remove and to exercise disciplinary
control over persons holding or acting in any such office, is hereby
vested in the Governor - General acting in his discretion.
4. The Governor - General, acting in his discretion, may appoint to any
of the offices prescribed under subsection (1) such public officers as
he may select from a list submitted by the Public Service Commission,
but -
a. the provisions of subsection (3) shall apply in relation to an
officer so appointed as respects his service on the personal staff of
the Governor - General but not as respects his service as a public
officer;
b. an officer so appointed shall not, during his continuance on the
personal staff of the Governor - General, perform the functions of any
public office; and
c. an officer so appointed may at any time be appointed by the Governor
- General, if the Public Service Commission so recommend to assume or
resume the functions of a public office and he shall thereupon vacate
his office on the personal staff of the Governor - General, but the
Governor - General may, in his discretion, decline to release the
officer for that appointment.
5. All offices prescribed under subsection (1) as offices that are to
constitute the personal staff of the Governor - General shall, for the
purposes of Chapter Viii, be deemed to be public offices.
Exercise of Governor - General's functions
32. 1. The Governor - General shall act in accordance with the advice
of the Cabinet or a Minister acting under the general authority of the
Cabinet in the exercise of his functions other than -
a. any function which is expressed (in whatever terms) to be
exercisable by him on or in accordance with the recommendation or
advice of, or with the concurrence of, or after consultation with, any
person or authority other than the Cabinet; and
b. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.
2. Subsection (1) shall not apply to the functions conferred upon the
Governor - General by the following provisions of this Constitution,
that it to say -
a. section 66(2) (which requires the Governor - General to revoke the
appointment of the Prime Minister in certain circumstances);
b. the proviso to section 61(2) (which requires the Governor - General to dissolve Parliament in certain circumstances); and
c. section 84(4) (which requires the Governor - General to remove a Judge from office in certain circumstances).
3. Where the Governor - General is directed to exercise any function on
the recommendation of any person or authority, he shall exercise that
function in accordance with such recommendation:cralaw:red
Provided that -
a. before he acts in accordance therewith, he may, in his discretion,
once refer that recommendation back for reconsideration by the person
or authority concerned; and
b. if that person or authority, having reconsidered the original
recommendation under paragraph (a), substitutes therefor a
recommendation under paragraph (a), substitutes therefor a different
recommendation, the provisions of this subsection shall apply to that
different recommendation as they apply to the original recommendation.
4. Where the Governor - General is directed to exercise any function
after consultation with any person or authority he shall not be obliged
to exercise that function in accordance with the advice of that person
or authority.
5. Where the Governor - General is directed to exercise any function in
accordance with the recommendation or advice of, or with the
concurrence of, or after consultation with, any person or authority,
the question whether he has so exercised that function shall not be
enquired into in any court.
6. Where the Governor - General is directed to exercise any function on
the recommendation of the Prime Minister after consultation with the
Leader of the Opposition, the following steps shall be taken: -
a. the Prime Minister shall first consult the Leader of the Opposition
and thereafter tender his recommendation to the Governor - General;
b. the Governor - General shall then inform the Leader of the
Opposition of that recommendation and if the Leader of the Opposition
concurs therein the Governor General shall act in accordance with the
recommendation;
c. if the Leader of the Opposition does not concur in the
recommendation the Governor General shall so inform the Primer Minister
and refer the recommendation back to him:
d. the Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice.
7. Any reference in this Constitution to the functions of the Governor
General shall be construed as a reference to this powers and duties in
the exercise of the executive authority of Barbados and to any other
powers and duties conferred or imposed on him as Governor General by or
under this Constitution or any other law.
Public Seal
33. The Governor General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.
Oaths to be taken by Governor General
34. A person appointed to the office Governor - General or assuming the
functions of that office under section 29 shall, before entering upon
the duties of that office, take and subscribe the oath of allegiance
and an oath for the due execution of the office of Governor General in
the form set out in the First Schedule, such oaths being administered
by the Chief Justice or such other Judge as may be designated by the
Chief Justice.
CHAPTER V
PARLIAMENT
PART 1
COMPOSITION OF PARLIAMENT
Establishment of Parliament
35. There shall be a Parliament of Barbados which shall consist of Her Majesty, a Senate and a House of Assembly.
Senate
36. 1. The Senate shall consist of twenty-one persons who, being
qualified for appointment as Senators in accordance with the provisions
of this Constitution, have been so appointed in accordance with the
provisions of this section.
2. Twelve Senators shall be appointed by the Governor General, acting
in accordance with the advice of the Prime Minister, by instrument
under the Public Seal.
3. Two Senators shall be appointed by the Governor General, acting in
accordance with the advice of the Leader of the Opposition, by
instrument under the Public Seal.
4. Seven Senators shall be appointed by the Governor Genera, acting in
his discretion, by instrument under the Public Seal, to represent
religious, economic or social interests or such other interests as the
Governor - General considers ought to be represented:cralaw:red
Provided that before appointing any person under this subsection the
Governor General shall consult such persons as, in his discretion, he
considers can speak for those interest and ought to be consulted.
Qualifications for membership of Senate
37. Subject to the provisions of section 38, any person who at the date of his appointment -
a. is a Commonwealth citizen of the age of twenty one years or upwards; and
b. has been ordinarily resident in Barbados for the immediately preceding twelve months,
shall be qualified to be appointed as a Senator.
Disqualifications for membership of Senate
38. 1. No person shall be qualified to be appointed as a Senator who -
a. is a member of the House of Assembly;
b. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
c. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor - General;
d. is under sentence of death imposed by a court in any part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding six months imposed on him by such a court or
substituted by competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of imprisonment the
execution of which has been suspended;
e. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;
f. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged; or
g. is disqualified for membership of the House of Assembly by or under
any law in force in Barbados by reason of his having been convicted or
reported guilty of any corrupt or illegal practice at elections.
2. Without prejudice to the provisions of subsection (1)(c), Parliament
may provide that, subject to such exceptions and limitations as
Parliament may prescribe, a person shall not be qualified to be
appointed as a Senator if -
i. he holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment;
ii. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or
iii. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.
3. For the purposes of subsection (1)(d) -
a. two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentences exceeds six months, but if any one of those sentences exceeds
that term they shall be regarded as one sentence; and
b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
Tenure of seats of Senators
39. 1. The seat of a Senator shall become vacant -
a. upon the next dissolution of Parliament after he has been appointed;
b. if, with his consent, he is nominated as a candidate for election to the House of Assembly;
c. if he is absent from Barbados for a period exceeding forty days at
any time when the Senate is sitting, without the leave of the President
given in accordance with the provisions of subsection (2);
d. if he ceases to be a Commonwealth citizen;
e. subject to the provision of subsection (3), if any circumstances
arise that, if he were not a Senator, would cause him to be
disqualified for appointment as such by virtue of paragraphs (b) to (g)
of section 38(1) or of any law enacted in pursuance of section 38(2);
f. in the case of a Senator who was appointed as such in accordance
with the advice of the Prime Minister or in accordance with the advice
of the Leader of the Opposition, if the Governor-General, acting in
accordance with the advice of the Prime Minister or in accordance with
the advice of the Leader of the Opposition, as the case may be, by
instrument under the Public Seal, declares the seat of that Senator to
be vacant.
2. The President of the Senate may grant leave to any Senator to be
absent from Barbados for any period not exceeding six months at any one
time.
3. a. If the circumstances such as are referred to in subsection (1)(e)
arise because a Senator is under sentence of death or imprisonment,
adjudged to be of unsound mind, declared bankrupt or convicted or
reported guilty of a corrupt or illegal practice at elections and if it
is open to the Senator to appeal against the decision (either with the
leave of a court or other authority or without such leave), he shall
forthwith cease to perform his functions as a Senator but, subject to
paragraph (b), he shall not vacate his seat until the expiration of a
period of thirty days thereafter:cralaw:red
Provided that the President of the Senate may, at the request of the
said Senator, from time to time extend that period for further periods
of thirty days to enable the Senator to pursue an appeal against the
decision, so, however, that extensions of time exceeding in the
aggregate one hundred and fifty days shall not be given without the
approval, signified by resolution, of the Senate.
b. If, on the determination of any appeal, such circumstances continue
to exist and no further appeal is open to the Senator, or if, by reason
of the expiration of any period for entering an appeal or notice
thereof or the refusal of leave to appeal or for any other reason, it
ceases to be open to the Senator to appeal, he shall forthwith vacate
his seat.
c. If at any time before the Senator vacates his seat such
circumstances as aforesaid cease to exist, his seat shall not become
vacant on the expiration of the period referred to in paragraph (a) and
he may resume the performance of his functions as a Senator.
President and Deputy President of Senate
40. 1. When the Senate first meets after any dissolution of Parliament
and before it proceeds to the despatch of any other business, it shall
elect a Senator, not being a Minister or Parliamentary Secretary, to be
President of the Senate; and whenever the office of President becomes
vacant for any reason other than a dissolution of Parliament, the
Senate shall, not later than its second sitting after the vacancy has
arisen, elect another Senator to fill that office.
2. When the Senate first meets after any dissolution of Parliament, it
shall, as soon as practicable, elect a Senator, not being a Minister or
Parliamentary Secretary, to be Deputy President of the Senate; and
whenever the office of Deputy President becomes vacant for any reason
other than a dissolution of Parliament, the Senate shall, as soon as
convenient, elect another Senator to fill that office.
3. A person shall vacate the office of President or Deputy President of the Senate -
a. if he announces the resignation of his office to the Senate or if,
by writing under his hand addressed, in the case of the President, to
the Clerk of the Senate or, in the case of the Deputy President, to the
President (or, if the office of President is vacant or the President is
absent from Barbados, to the Clerk), he resigns that office;
b. if he ceases to be a Senator:
Provided that the President shall not vacate his office by reason only
that he has ceased to be a Senator on a dissolution o Parliament, until
the Senate first meets after such dissolution;
c. if he is appointed to be a Minister or Parliamentary Secretary;
d. if, by virtue of the provisions of section 39(3), he is required to cease to perform his functions as a Senator; or
e. in the case of the Deputy President, if he is elected to be President.
House of Assembly
41. 1. The House of Assembly shall consist of twenty four members or such greater number of members as Parliament may prescribe.
2. The members of the House (who shall be known as "Members of
Parliament") shall be persons who, being qualified for election as such
in accordance with the provisions of this Constitution, have been so
elected in the manner provided by any law in force in Barbados.
Electoral law
42. 1. Any law providing for the election of members of the House of Assembly shall -
a. contain provisions for the division of Barbados into constituences; and
b. contain provisions designed to ensure that so far as is practicable
any person entitled to vote at an election of members of the House.
c. contain provisions relating to the conduct of elections of members
of the House of Assembly, including provisions relating to the
identification of electors, designed to ensure that so far as is
practicable no person shall vote at an election of a member of the
House of Assembly -
i. who is not entitled to vote; or
ii. when he is not entitled to vote; or
iii. where he is not entitled to vote.
2. No election of a member of the House of Assembly shall be called in
question on the ground that the law under which that election was
conducted was inconsistent with this section.
Qualifications for membership of the Assembly
43. Subject to the provisions of section 44, any person who -
a. is a Commonwealth citizen of the age of twenty one years or upwards; and
b. has such connection with Barbados by residence therein as may be prescribed by Parliament,
shall be qualified to be elected as a member of the House of Assembly.
Disqualifications for membership of the Assembly
44. 1. No person shall be qualified to be elected as a member of the House of Assembly who -
a. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
b. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor General;
c. is a clerk in holy orders or other minister of religion;
d. is under sentence of death imposed by a court in any part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding six months imposed on him by such a court or
substituted by competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of imprisonment the
execution of which has been suspended;
e. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;
f. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged;
g. is disqualified for membership of the House of Assembly by or under
any law in force in Barbados by reason of his having been convicted or
reported guilty of any corrupt or illegal practice at elections;
h. is disqualified for such membership by or under any such law by
reason of his having been convicted of making a false declaration of
qualification for election;
i. is disqualified for such membership by or under any such law on any
ground not mentioned in the foregoing provisions of this subsection,
being a ground for disqualification for membership of the the House of
Assembly by or under any law, other than the Representation of the
People Act 1957(a), in force in Barbados immediately before 30th
November 1966.
2. Without prejudice to the provisions of subsection (1)(b) and (c),
Parliament may provide that, subject to such exceptions and limitations
as Parliament may prescribe, a person shall not be qualified to be
elected as a member of the House of Assembly if -
a. he holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment;
b. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or
c. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.
3. For the purposes of subsection (1)(d)
a. two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentences exceeds six months, but if any of those sentences exceeds
that term they shall be regarded as one sentence; and
b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
Tenure of seats of members of Assembly
45. 1. The seat of a member of the House of Assembly shall become vacant -
a. upon the next dissolution of Parliament after he has been appointed;
b. if he resigns it in such manner as may be provided by any law in
force in Barbados or, subject to any such law, by the Standing Orders
of the House;
c. if he is absent from the sittings of the House of Assembly for such
period and in such circumstances as may be provided by any law in force
in Barbados or, subject to any such law, by the Standing Orders of the
House;
d. if he ceases to be a Commonwealth citizen;
e. if the contravenes the provisions of section 59 (relating to the
taking of the oath of allegiance) or any provision requiring him to
make a declaration of qualification for election before taking part in
the proceedings of the House of Assembly contained in any law in force
in Barbados;
f. subject to the provisions of subsection (2), if any circumstances
arise that, if he were not a member of the House, would cause him to be
disqualified for election as such by virtue of section 44(1) or any law
enacted in pursuance of section 44(2).
2. a. If circumstances such as are referred to in subsection (1)(f)
arise because a member is under sentence of death or imprisonment,
adjudged to be of unsound mind, declared bankrupt or convicted or
reported guilty of a corrupt or illegal practice at elections or of
making a false declaration of qualification and if it is open to the
member to appeal against the decision (either with the leave of a court
or other authority or without such leave), he shall forthwith cease to
perform his functions as a member but, subject to paragraph (b), he
shall not vacate his seat until the expiration of a period of thirty
days thereafter:cralaw:red
Provided that the Speaker may, at the request of the member, form time
to time extend that period for further periods of thirty days to enable
the member to pursue an appeal against the decision, so, however, that
extensions of time exceeding in the aggregate one hundred and fifty
days shall not be given without the approval, signified by resolution,
of the House of Assembly.
b. If, on the determination of any appeal, such circumstances continue
to exist and no further appeal is open to the member, or if, by reason
of the expiration of any period for entering an appeal or notice
thereof or the refusal of leave to appeal or for any other reason, it
ceases to be open to the member to appeal, he shall forthwith vacate
his seat.
c. If at any time before the member vacates his seat such circumstances
as aforesaid cease to exist, his seat shall not become vacant on the
expiration of the period referred to in paragraph (a) and he may resume
the performance of his functions as a member.
Determination of questions of membership of Senate and Assembly
46. 1. Any question whether -
a. any person has been validly appointed as a Senator; or
b. any person has vacated his seat as a Senator or is required under
the provisions of paragraph (a) of section 39(3) to cease to perform
his functions as a Senator,
shall be determined by the High Court, whose decision shall be final.
2. Any question whether -
a. any person has been validly elected as a member of the House of assembly; or
b. any person has vacated his seat as such a member or is required
under the provisions of paragraph (a) of section 45(2) to cease to
perform his functions as such a member,
shall be determined by such authority or authorities as may be prescribed by any law in force in Barbados.
Filling of Casual Vacancies in Senate and Assembly
47. 1. Whenever any person vacates his seat as a Senator for any reason
other than a dissolution of Parliament, the Governor General shall
appoint a person to fill the vacancy under the same provisions of
section 36 as the person whose seat has become vacant was appointed.
2. Whenever any person vacates his seat as a ember of the House of
Assembly for any reason other than a dissolution of Parliament, the
Governor General shall issue a writ for the election of a member to
fill the vacancy returnable within ninety days from the occurrence of
the vacancy.
PART 2
POWERS AND PROCEDURE OF PARLIAMENT
Power to make laws
48. 1. Subject to the provision of this Constitution, Parliament may
make laws for the peace, order and good government of Barbados.
2. Without prejudice to the generality of subsection (1) and subject to
the provisions of subsection (3), Parliament may by law determine the
privileges, immunities and powers of the Senate and the House of
Assembly and the members thereof.
3. No process issued by any court in the exercise of its civil
jurisdiction shall be served or executed within the precincts of the
Senate or the House of Assembly while it is sitting, or through the
President or the Speaker, the Clerk or any other officer of either
House.
Alteration of this Constitution
49. 1. Subject to the provisions of this section, Parliament may, by an
Act of Parliament passed by both Houses, alter this Constitution.
2. Subject to the provision of subsection (3), a Bill for an Act of
Parliament under this section that alters any of the following
provisions, that is to say -
a. this section and section 1:
b. Chapter II;
c. Chapter III;
d. section 28, 32, 35 to 39, 41, 42, 48, 60(2), 61, 62, 63 and 76 to 79 (other than subsection (7) of section 79);
e. Chapter VII (other than section 83);
f. Chapter VIII;
g. Chapter IX;
h. any provision of Chapter X in its application to any of the provisions specified in paragraphs (a) to (g),
shall not be passed in either House unless at the final voting thereon
in the House it is supported by the votes of not less than two-thirds
of all the members of the House.
3. Subsection (2) shall not apply to a Bill in so far as it alters any
of the provisions specified in that subsection for the purpose of
giving effect to arrangements for the federation or union of Barbados
with any other part of the Commonwealth of for the establishment of
some other form of constitutional association between Barbados and any
other part of the Commonwealth.
4. A Bill for an Act of Parliament under this section to which
subsection (2) does not apply shall not be passed in either House
unless at the final voting thereon in the House it is supported by the
votes of a majority of all the members of the House.
5. In this section -
a. references to this Constitution or to any particular provision
thereof include references to any other law in so far as that law
alters the Constitution or, as the case may be, that provision; and
b. references to altering this Constitution or any particular provision thereof include references -
i. to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;
ii. to modifying it (whether by omitting, amending or overriding any of
its provisions or inserting additional provisions in it or otherwise);
and
iii. to suspending its operation for any period or terminating any such suspension.
6. No Act of Parliament shall be construed as altering this
Constitution unless it is stated in the Act that it is an Act for that
purpose.
7. Nothing in subsection (2) shall be construed as including any of the
provisions of the First Schedule or the Second Schedule among the
provisions specified in that subsection.
Regulation or procedure in Parliament
50. 1. Subject to the provisions of this Constitution, each House may
regulate its own procedure and for this purpose may make Standing
Orders.
2. Each House may act notwithstanding any vacancy in its membership and
the presence or participation of any person not entitled to be present
at or to participate in the proceedings of the House shall not
invalidate those proceedings.
Presiding in Senate
51. 1. The President or, in his absence, the Deputy President or, if
they are both absent, a member of the Senate (not being a Minster or a
Parliamentary Secretary) elected by the Senate for the sitting shall
preside at any sitting of the Senate.
2. References in this section to circumstances in which the President
or Deputy President is absent include references to circumstances in
which the office of President or Deputy President is vacant.
Quorum of Senate
52. 1. if at any time during a sitting of the Senate objection is taken
by a member that there is not a quorum present and, after such interval
as may be prescribed by the Standing Orders of the Senate, the person
presiding ascertains that there is still not a quorum present, he shall
thereupon adjourn the Senate.
2. For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.
3. For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.
Voting in Senate
53. Save as is otherwise provided in this Constitution, all questions
proposed for decision in the Senate shall be determined by a majority
of the votes of the members thereof present and voting;chanroblesvirtualawlibrary
Provided that the person presiding shall not vote unless on any
question the votes are equally divided, in which case he shall have and
exercise a casting vote.
Introduction of Bills, etc.
54. 1. Subject to the provision of this Constitution and of the
Standing Orders of the Senate or the House of Assembly, as the case may
be, any member of either House may introduce any Bill or propose any
motion for debate in, or may present any petition to, that House, and
the same shall be debated and disposed of according to the Standing
Orders of that House.
2. A Bill other than a Money Bill may be introduced in either House, the House of Assembly shall not -
3. Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not -
a. proceed upon any Bill (including any amendment to a Bill) which, in
the opinion of the person presiding, makes provision for imposing or
increasing any tax, for imposing any charge on the Consolidated Fund or
any other public fund or altering any such charge otherwise than by
reducing it or for compounding or remitting any debt due to Barbados; or
b. proceed upon any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding, is that
provision shall be made for any of the purposes aforesaid.
4. The Senate shall not -
a. proceed upon any Bill, other than a Bill sent from the House of
Assembly, or any amendment to a Bill which, in the opinion of the
person presiding, makes provision for imposing or increasing any tax,
for imposing any charge on the Consolidated Fund or any other public
fund or altering any such charge otherwise than by reducing it or for
compounding or remitting any debt due to Barbados; or
b. proceed upon any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding, is that
provision shall be made for any of the purposes aforesaid.
Restriction on powers of Senate as to Money Bills
55. 1. Subject to the provisions of this Constitution, if a Money Bill,
having been passed by the House of Assembly and sent to the Senate at
least one month before the end of the session, is not passed by the
Senate without amendment within one month after it is sent to that
House, the Bill shall, unless the House of Assembly otherwise resolves,
be presented to the Governor General for his assent notwithstanding
that the Senate has not consented to the Bill.
2. There shall be endorsed on every Money Bill when it is sent to the
Senate the certificate of the Speaker signed by him that it is a Money
Bill; and there shall be endorsed on any Money Bill that is presented
to the Governor General for assent in pursuance of subsection (1) the
certificate of the Speaker signed by him that it is a Money Bill and
that the provisions of that subsection have been complied with.
Restrictions on powers of Senate as to Bills other than Money Bills
56. 1. If any Bill other than a Money Bill is passed by the House of
Assembly in two successive sessions (whether or not Parliament is
dissolved between those sessions) and, having been sent to the Senate
in each of those sessions at least one month before the end of the
session, is rejected by the Senate in each of those sessions, that Bill
shall, on its rejection for the second time by the Senate, unless the
House of Assembly otherwise resolves, be presented to the Governor
General for assent notwithstanding that the Senate has not consented to
the Bill:cralaw:red
Provided that the foregoing provisions f this subsection shall not have
effect unless at least seven months have elapsed between the date on
which the Bill is passed by the House of Assembly in the first session
and the date on which it is passed by the House of Assembly in the
second session.
2. For the purposes of this section a Bill that is sent to the Senate
from the House of Assembly in any session shall be deemed to be the
same Bill as a former Bill sent to the Senate in the preceding session
if, when it is sent to the Senate, it is identical with the former Bill
or contains only such alterations as are certified by the Speaker to be
necessary owing to the time that ha elapsed since the date of the
former Bill or to represent any amendments which have been made by the
Senate in the former Bill in the preceding session.
3. The House of Assembly may, if it thinks fit, on the passage through
the House of a Bill that is deemed to be the same Bill as a former Bill
sent to the Senate in the preceding session, suggest any amendments in
the Bill, and any such amendments shall be considered by the Senate,
and, if agreed to by the Senate, shall be treated as amendments made by
the Senate and agreed to by the House of Assembly, but the exercise of
this power by the House of Assembly shall not affect the operation of
this section in the event of the rejection of the Bill in the Senate.
4. There shall be inserted in any Bill that is present to the Governor
General for assent in pursuance of this section any amendment that are
certified by the Speaker to have been made in the Bill by the Senate in
the second session and agreed to by the Assembly.
5. There shall be endorsed on any Bill that is presented to the
Governor General for assent in pursuance of this section the
certificate of the Speaker signed by him that the provisions of this
section have been complied with.
6. The provisions of this section shall not apply a Bill which is required by section 49 to be passed by both Houses.
Provisions relating to section 54, 55 and 56
57. 1. In sections 54, 55 and 56 "Money Bill" means a public Bill
which, in the opinion of the Speaker contains only provisions dealing
with all or any of the following matters, namely, the imposition,
repeal, remission, alteration or regulation of taxation; the
imposition, for the payment of debt or other financial purposes, of
charges on the Consolidated Fund or any other public funds or on monies
provided by Parliament or the variation or repeal of any such charges;
the grant of money to the Crown or to any authority or person, or the
variation or revocation of any such grant; the appropriation, receipt,
custody, investment, issue or audit of accounts of public money; the
raising or guarantee of any loan or the repayment thereof, or the
establishment, alteration administration or abolition of any sinking
fund provided in connection with any such loan; or subordinate matters
incidental to any of the matters aforesaid; and in this subsection the
expressions "taxation", "debt", "public fund", "public money" and
"loan" do not include any taxation imposed, debt incurred, fund or
money provided or loan raised by any local authority or body for local
purposes.
2. For the purposes of section 56, a Bill shall be deemed to be rejected by the Senate if -
a. it is not passed by the Senate without amendment; or
b. it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.
3. Whenever the office of Speaker is vacant or the Speaker is for any
reason unable to perform any function conferred upon him by subsection
(1) or by section 55 or 56, that function may be performed by the
Deputy Speaker.
4. Any certificate of the Speaker or Deputy Speaker given under section
55 or 56 shall be conclusive for all purposes and shall not be
questioned in any court.
Assent to Bills
58. 1. A Bill shall not become law until the Governor General has
assented thereto in Her Majesty's name and on Her Majesty's behalf and
has signed it in token of such assent.
2. Subject to the provisions of sections 55 and 56, a Bill shall be
present to the Governor General for assent if, and shall not be so
presented unless, it has been passed by both Houses either without
amendment or with such amendments only as are agreed to by both Houses.
3. When a Bill is presented to the Governor General for assent he shall signify that he assents or that he withholds assent.
Oath of allegiance
59. No member of either House shall take part in the proceedings
thereof unless he has taken the oath of allegiance in such manner as is
prescribed by any law in force in Barbados.
PART 3
SUMMONING, PROROGATION AND DISSOLUTION
Session of Parliament
60. 1. Each session of Parliament shall be held at such place and commence at such time as the Governor General may appoint.
2. The time appointed for the commencement of any session of Parliament
shall be such that a period of six months does not intervene between
the end of one session and the first sitting of Parliament in the next
session.
Prorogation and dissolution of Parliament
61. 1. The Governor General acting in accordance with the advice of the
Prime Minister, may at any time by proclamation prorogue Parliament.
2. The Governor General, acting in accordance with the advice of the
Prime Minister, may at any time by proclamation dissolve Parliament:cralaw:red
Provided that if the office of Prime Minister is vacant and the
Governor General considers that there is no prospect of his being able
within a reasonable time to appoint to that office a person who can
command the confidence of a majority of the members of the House of
Assembly, he shall dissolve Parliament.
3. Subject to the provisions of subsection (4), Parliament, unless
sooner dissolved, shall continue for five years from the date of its
first sitting after any dissolution and shall then stand dissolved.
4. At any time when Barbados is at war, Parliament may extend the
period of five years specified in subsection 83) for not more than
twelve months at a time:cralaw:red
Provided that the life of Parliament shall not be extended under this subsection for more than two years.
5. If, between a dissolution of Parliament and the next ensuing general
election of members to the House of Assembly, an emergency arises of
such a nature that, in the opinion of the Prime Minister, it is
necessary for the two Houses or either of them to be summoned before
that general election can be held, the Governor General, acting in
accordance with the advice of the Prime Minister, may summon the two
Houses of the preceding Parliament, and that Parliament shall thereupon
be deemed (except for the purposes of section 62) not to have been
dissolved but shall be deemed (except as aforesaid) to be dissolved on
the date on which the polls are held in the next ensuing general
election.
General election and appointment of Senators
62. 1. After every dissolution of Parliament the Governor General shall
issue writs for a general election of members of the House of Assembly
returnable within ninety days from that dissolution.
2. As soon as may be after every general election the Governor General
shall proceed under section 36 to the appointment of Senators.
CHAPTER VI
EXECUTIVE POWERS
Executive authority of Barbados
63. 1. The executive authority of Barbados is vested in Her Majesty.
2. Subject to the provisions of this Constitution, the executive
authority of Barbados may be exercised on behalf of Her Majesty by the
Governor General either directly or through officers subordinate to him.
3. Nothing in this section shall prevent Parliament from conferring
functions on persons or authorities other than the Governor General.
Cabinet
64. 1. There shall be a Cabinet for Barbados which shall consist of the
Prime Minister and not less than five other Ministers appointed in
accordance with the provisions of section 65.
2. The Cabinet shall be the principal instrument of policy and shall be
charged with the general direction and control for the government of
Barbados and shall be collectively responsible therefore to Parliament.
Appointment of Ministers
65. 1. Whenever the Governor General has occasion to appoint a Prime
Minister he shall, acting in his discretion, appoint the member of the
House of Assembly who, in his judgment, is best able to command the
confidence of a majority of the members of that House.
2. The other Ministers shall be appointed by the Governor General,
acting in accordance with the advice of the Prime Minister, from among
the members of the two Houses.
3. Subsections (1) and (2) shall have effect in relation to any period
between a dissolution of Parliament and the day on which the next
election of members of the House of Assembly is held as if Parliament
had not been dissolved.
4. Appointments under this section shall be made by instrument under the Public Seal.
Tenure of office of Ministers
66. 1. The office of Prime Minister shall become vacant -
a. if he ceases to be a member of the House of Assembly for any reason other than a dissolution of Parliament;
b. when, after an election of members of the House of Assembly
following any dissolution of Parliament and before that House first
meets thereafter, the Prime Minister is informed by the Governor
General, acting in his discretion, that the Governor General is about
to re-appoint him as Prime Minister or appoint another person as Prime
Minister; or
c. if the Governor General revokes his appointment in accordance with the provisions of subsection (2).
2. If the House of Assembly a resolution which has received the
affirmative vote of a majority of all the members thereof resolves that
the appointment of the Prime Minister ought to be revoked and the Prime
Minister does not within three days of the passing of the resolution
either resign or advise the Governor General to dissolve Parliament,
the Governor General shall, by instrument under the Public Seal, revoke
the appointment of the Prime Minister.
3. The office of a Minister, other than the office of Prime Minister, shall become vacant -
a. upon the appointment or re-appointment of any person to the office of Prime Minister;
b. if this appointment to his office is revoked by the Governor
General, acting in accordance with the advice of the Prime Minister, by
instrument under the Public Seal;
c. if, for any reason other than a dissolution of Parliament, he ceases
to be a member of the House of which he was a member at the date of his
appointment as a Minister; or
d. if he is not a member of either House at the date of the first sitting of Parliament after a dissolution of Parliament.
Performance of Prime Minister's functions in certain events
67. 1. Whenever the Prime Minister is unable, by reason of his illness
or absence from Barbados, to perform the functions of his office, the
Governor General may, by instrument under the Public Seal, authorize
any other Minister who is a member of the House of Assembly to perform
the functions conferred on the Prime Minister by this Constitution
(other than the functions conferred by subsection (3)).
2. The Governor General may, by instrument under the Public Seal, revoke any authority given under this section.
3. The powers conferred on the Governor General by this section shall
be exercised by him acting in his discretion if in his opinion it is
impracticable to obtain the advice of the Prime Minister owing to the
Prime Minister's illness or absence, and in any other case shall be
exercised by the Governor General in accordance with the advice of the
Prime Minister.
Temporary Ministers
68. 1. Whenever a Minister other than the Prime Minister is unable, by
reason of his illness or absence from Barbados, to perform the
functions of his office, the Governor General may, by instrument under
the Public Seal, appoint a member of the Senate or the House of
Assembly to be a temporary Minister and authorize him to perform the
functions of that office:cralaw:red
Provided that this subsection shall have effect in relation to any
period between a dissolution of Parliament and the day on which the
next election of members of the House of Assembly is held as if
Parliament had not been dissolved.
2. Subject to the provisions of section 66(3), a temporary Minister
shall hold office until he is notified by the Governor General, by
instrument under the Public Seal, that the Minister on account of whose
inability to perform the functions of his office he was appointed is
again able to perform those functions or until that Minister vacates
his office.
3. The powers conferred on the Governor General by this section shall
be exercised by him in accordance with the advice of the Prime Minister.
Oaths to be taken by Ministers
69. The Prime Minister and every other Minister shall, before entering
upon the duties of his office, take before the Governor General the
oath of allegiance and an oath for the due execution of his office in
the form set out in the First Schedule.
Presiding in Cabinet
70. The Prime Minister shall, so far as is practicable, attend and
preside at all meetings of the Cabinet and in his absence such other
Minister shall preside as the Prime Minister shall appoint.
Governor General to be informed concerning matters of government
71. The Prime Minister shall keep the Governor General fully informed
concerning the general conduct of the government of Barbados and shall
furnish the Governor General with such information as the Governor
General, acting in his discretion may request with respect to any
particular matter relating to the government of Barbados.
Assignment of responsibilities to Ministers
72. 1. Subject to the provisions of this Constitution, the Governor
General, acting in accordance with the advice of the Prime Minister,
may, by directions in writing, assign to the Prime Minister or any
other Minister responsibility for any business of the Government,
including the administration of any department of the Government:cralaw:red
Provided that one such other Minister (who shall be styled Attorney
General) shall be assigned the functions of principal legal adviser to
the Government.
2. Nothing in this section shall empower the Governor General to confer
on any Minister authority to exercise any power or to discharge any
duty that is conferred or imposed by this Constitution or any other law
on the Governor General or any person or authority other than that
Minister.
Parliamentary Secretaries
73. 1. The Governor General, acting in accordance with the advice of
the Prime Minister, may, by instrument under the Public Seal, appoint
from among the members of the two Houses Parliamentary Secretaries to
assist Ministers in the discharge or their functions:cralaw:red
Provided that this subsection shall have effect in relation to any
period between a dissolution of Parliament and the day on which the
next election of members of the House of Assembly is held as if
Parliament had not been dissolved.
2. The provisions of section 66(3) and section 69 shall apply to Parliamentary Secretaries as the apply to Ministers.
Leader of the Opposition
74. 1. There shall be a Leader of the Opposition who shall be appointed
by the Governor General by instrument under the Public Seal.
2. Whenever the Governor General has occasion to appoint a Leader of
the Opposition he shall appoint the member of the House of Assembly
who, in his judgment, is best able to command the support of a majority
of those members who do not support the Government, or if there is no
such person, the member of that House who, in his judgment, commands
the support of the largest single group of such members who are
prepared to support one leader:cralaw:red
Provided that this subsection shall have effect in relation to any
period between a dissolution of Parliament and the day on which the
next election of members of the House of Assembly is held as if
Parliament had not been dissolved.
3. The office of Leader of the Opposition shall become vacant -
a. if, after an election of members of the House of Assembly following
any dissolution of Parliament and before that House first meets
thereafter, he is informed by the Governor General that the Governor
General is about to appoint another person as Leader of the Opposition;
b. if he ceases to be a member of the House of Assembly for any reason other than a dissolution of Parliament; or
c. if his appointment is revoked under the provisions of subsection (4).
4. If, in the judgment of the Governor General, the Leader of the
Opposition no longer is able to command the support of a majority of
Government, or, as the case may be, the support of the largest single
group of such members who are prepared to support one leader, the
Governor General may revoke the appointment of the leader of the
Opposition.
5. In the exercise of his functions under this section the Governor General shall act in his discretion:cralaw:red
Provided that, except during any period such as is mentioned in
subsection (3)(a), if the Governor General considers that it is
doubtful whether a person commands such support as is mentioned in
subsection (2) he shall, in determining the question, act in accordance
with the advice of the Speaker.
Certain vacancies in office of Leader of Opposition
75. During any period in which there is a vacancy in the office of
Leader of the Opposition by reason of the fact that no person is both
qualified in accordance with this Constitution for, and willing to
accept, appointment to that office, the Governor General shall -
a. act in his discretion in the exercise of any function in respect of
which it is provided in this Constitution that the Governor General
shall act in accordance with the advice of the Leader of the
Opposition; and
b. act on the recommendation of the Prime Minister in the exercise of
any function in respect of which it is provided in this Constitution
that the Governor General shall act on the recommendation of the Prime
Minister after consultation with the Leader of the Opposition.
Privy Council
76. 1. There shall be a Privy Council for Barbados which shall consist
of such person as the Governor General, after consultation with the
Prime Minister, may appoint by instrument under the Public Seal.
2. The Privy Council shall have such powers and duties as may be
conferred or imposed upon it by this Constitution or any other law.
3. The office of a member of the Privy Council appointed under this section shall become vacant -
a. at the expiration of fifteen years from the date of his appointment
or such shorter period as may be specified in the instrument by which
he was appointed;
b. when he attains the age of seventy-five years; or
c. if his appointment is revoked by the Governor General, acting after
consultation with the Prime Minister, by instrument under the Public
Seal.
Proceedings of Privy Council
77. 1. The Privy Council shall not be summoned except by the authority of the Governor General acting in his discretion.
2. The Governor General shall, so far as is practicable, attend and preside at all meetings of the Privy Council.
3. Subject to the provisions of this Constitution, the Privy Council may regulate its own procedure.
4. The question whether the Privy Council has validly performed any
function vested in it by this Constitution shall not be inquired into
in any court.
Prerogative of mercy
78. 1. The Governor General may, in Her Majesty's name and on Her Majesty's behalf -
a. grant to any person convicted of any offense against the law of
Barbados a pardon, either free or subject to lawful conditions;
b. grant to any person a respite, either indefinite or for a specified
period, from the execution of any punishment imposed on that person for
such an offense;
c. substitute a less severe from of punishment for that imposed on any person fur such an offense; or
d. remit the whole or part of any punishment imposed on any person fur
such an offense or any penalty or forfeiture otherwise due to the Crown
on account of such an offense.
2. The Governor General shall, in the exercise of the powers conferred
on him by subsection (1) or of any power conferred on him by any other
law to remit any penalty or forfeiture due to any person other than the
Crown, act in accordance with the advice of the Privy Council.
3. Where any person has been sentenced to death for an offense against
the law of Barbados, the Governor General shall cause a written report
of the case from the trial judge, together with such other information
derived from the record of the case or elsewhere as the Governor
General may require, to be forwarded to the Privy Council so that the
Privy Council may advise him on the exercise of the powers conferred in
him by subsection (1) in relation to that person.
4. The power of requiring information conferred upon the Governor
General by subsection (3) shall be exercised by him on the
recommendation of the Privy Council or, in any case in which in his
judgment the matter is too urgent to admit of such recommendation being
obtained by the time within which it may be necessary for him to act,
in his discretion.
Establishment of office and functions of Director of Public Prosecutions
79. 1. There shall be a Director of Public Prosecutions whose office shall be a public office.
2. The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do -
a. to institute and undertake criminal proceedings against any person
before any court other than a court-martial in respect of any offense
against the law of Barbados;
b. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and
c. to discontinue at any stage before judgment is delivered any such
criminal proceedings instituted or undertaken by himself or any other
person or authority.
3. The powers of the Director of Public Prosecutions under subsection
(2) may be exercised by him in person or through other persons acting
under and in accordance with his general or special instructions.
4. The powers conferred upon the Director of Public Prosecutions by
paragraphs (b) and (c) of subsection (2) shall be vested in him to the
exclusion of any other person or authority:cralaw:red
Provided that, where any other person or authority has instituted
criminal proceedings, nothing in this subsection shall prevent the
withdrawal of those proceedings by or at the instance of that person or
authority and with the leave of the court.
5. In the exercise of the powers conferred upon him by this section the
Director of Public Prosecutions shall not be subject to the direction
or control of any other person or authority.
6. For the purposes of this section, any appeal from any determination
in any criminal proceedings before any court, or any case stated or
question of law reserved for the purposes of any such proceedings, to
any other court or to Her Majesty in Council shall be deemed to be part
of those proceedings.
7. The Director of Public Prosecutions shall not enter upon the duties
of his office until he has taken and subscribed the oath of allegiance
and an oath for the due execution for his office in the form set our in
the First Schedule.
CHAPTER VII
THE JUDICATURE
PART 1
SUPREME COURT
Establishment of Supreme Court
80. 1. There shall be for Barbados a Supreme Court of Judicature,
consisting of a High Court and a Court of Appeal, with such
jurisdiction, powers and authority as may be conferred upon those
Courts respectively by this Constitution or any other law.
2. The judges of the Supreme Court shall be the Chief Justice and such
number of Puisne Judges as may be prescribed by Parliament.
3. No office of Puisne Judge shall be abolished while there is a substantive holder thereof.
4. The Supreme Court shall be a superior court of record and, save as
otherwise provided by Parliament, shall have all the powers of such a
court.
Appointment of Judges
81. 1. The Chief Justice shall be appointed by the Governor General, by
instrument under the Public Seal, on the recommendation of the Prime
Minister after consultation with the leader of the Opposition.
2. The Puisne Judges shall be appointed by the Governor General, by
instrument under the Public Seal, acting in accordance with the advice
of the Judicial and Legal Service Commission.
3. The qualifications for appointment as a Judge shall be such as may be prescribed by any law for the time being in force:cralaw:red
Provided that a person who has been appointed as a Judge may continue
in office notwithstanding any subsequent variations in the
qualifications so prescribed.
Acting Judges
82. 1. If the office of Chief Justice is vacant or if the holder
thereof is performing the functions of the office of Governor General
or is for any other reason unable to perform the functions of his
office, then, until a person has been appointed to that office and
assumed its functions or, as the case may be, until the holder thereof
has resumed those functions, they shall be performed by such other
person, qualified under section 81(3) for appointment as a Judge, as
the Governor General, acting on the recommendation of the Prime
Minister, may appoint to act as Chief Justice by instrument under the
Public Seal.
2. If the office of a Puisne Judge is vacant, or if any such Judge is
appointed to act as Chief Justice or is for any reason unable to
perform the functions of his office, or if the Chief Justice advises
the Governor General that the state of business of the Supreme Court so
requires, the Governor General, acting in accordance with the advice of
the Judicial and Legal Service Commission, may, by instrument under the
Public Seal, appoint a person qualified under section 81(3) for
appointment as a Judge to act as a Judge, and any person so appointed
shall continue to act until his appointment is revoked by the Governor
General, acting in accordance with the advice of the Judicial and Legal
Service Commission.
3. A person may be appointed under the provisions of this section to
act as Chief Justice or other Judge notwithstanding that he has
attained the age at which that office is required by section 84(1) to
be vacated by the holder thereof.
4. Any person so appointed may, notwithstanding that the period of his
appointment has expired or his appointment has been revoked, sit as a
Judge for the purpose of delivering judgment or doing any other thing
in relation to proceedings which were commenced before him while he was
acting as such.
Oaths to be taken by Judges
83. A Judge shall not enter upon the duties of his office until he has
taken and subscribed the oath of allegiance and the judicial oath in
the form set out in the First Schedule.
Tenure of office of Judges
84. 1. Subject to the following provisions of this section, a person
holding the office of a Judge shall vacate office when he attains the
age of sixty five years:cralaw:red
Provided that the Governor General, acting in the case of the Chief
Justice on the recommendation of the Prime Minister or in the case of
any other Judge in accordance with the advice of the Judicial and Legal
Service Commission, may permit a Judge who attains the age of sixty
five years to continue in office until he has attained such later age,
not exceeding sixty seven years, as may have been agreed between the
Governor General and that Judge.
2. Notwithstanding that he has attained the age at which he is required
by the provisions of this section to vacate his office, a person may
sit as a Judge for the purpose of delivering judgment or doing any
other thing in relation to proceedings which were commenced before him
before he attained that age.
3. A Judge may be removed from office only for inability to discharge
the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehavior, and shall not be so
removed except in accordance with the provisions of subsection (4).
4. A Judge shall be removed form office by the Governor General, by
instrument under the Public Seal, if the question of the removal of
that Judge form office has, at the request of the Governor General,
made in pursuance of subsection (5), been referred by Her majesty to
the Judicial Committee of Her Majesty's Privy Council and the Judicial
Committee has advised Her Majesty that the Judge ought to be removed
from office for inability as aforesaid or for misbehavior.
5. If the Prime Minister (in the case of the Chief Justice) or the
Chief Justice after consultation with the Prime Minister (in the case
of any other Judge) advises the Governor General that the question of
removing a Judge form office for inability as aforesaid or for
misbehavior ought to be investigated, then -
a. the Governor General shall appoint a tribunal which shall consist of
a Chairman and not less than two other members selected by the Governor
General in accordance with the advice of the Prime Minister (in the
case of the Chief Justice) or of the Chief Justice (in the case of any
other Judge) from among person who hold or have held office as a judge
of a court having unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or a court having jurisdiction in
appeals from any such court:
b. that tribunal shall enquire into the matter and report on the facts
thereof to the Governor General and advise the Governor General whether
he should request that the question of the removal of that Judge should
be referred by Her Majesty to the Judicial Committee: and
c. if the tribunal so advises, the Governor General shall request that the question should be referred accordingly.
6. The provisions of the Second Schedule shall apply in relation to tribunals appointed under subsection (5).
7. If the question of removing a Judge from office has been referred to
a tribunal appointed under subsection (5), the Governor General, acting
in accordance with the advice of the Prime Minister (in the case of the
Chief Justice) or of the Chief Justice after the Chief Justice has
consulted with the Prime Minister (in the case of any other Judge), may
suspend the Judge from performing the functions of his office.
8. Any such suspension may at any time be revoked by the Governor
General, acting in accordance with the advice of the Prime Minister or
the Chief Justice (as the case may be), and shall in any case cease to
have effect -
a. if the tribunal advises the Governor General that he should not
request that the question of the removal of the Judge from office
should be referred by Her Majesty to the Judicial Committee: or
b. the Judicial Committee advises Her Majesty that the Judge ought not to be removed from office.
9. The provisions of this section shall be without prejudice to the provisions of section 82(2)
PART 2
APPEALS
Constitution of Court of Appeal
85. 1. Subject to the provisions of subsection (2), the Court of Appeal
established by Part 1 of this Chapter shall be constituted by three
Judges sitting together.
2. A Judge shall not sit as a Judge of the Court of Appeal on the hearing of an appeal -
a. from any decision given by himself or any decision given by any court of which he was sitting as a member; or
b. against a conviction or sentence if he was the judge by or before whom the appellant was convicted.
Other arrangements for appeals
86. 1. Notwithstanding anything contained in Part 1 of this Chapter, Parliament may make provision -
a. for implementing arrangements made, between the Government of
Barbados and the Government or Governments of any other part of parts
of the Commonwealth relating to the establishment of a court of appeal
to be shared by Barbados with that part or those parts of the
Commonwealth, and for the hearing and determination by such a court of
appeals from decisions of any court in Barbados; or
b. for the hearing and determination of appeals from decisions of any
court in Barbados by a court established for any other part of the
Commonwealth.
2. A law enacted in pursuance of subsection (1) may provide that the
jurisdiction conferred on any such court as is referred to in that
subsection shall be to the exclusion, in whole or in part, of the
jurisdiction of the Court of Appeal established by Part 1 of this
Chapter; and during any period when jurisdiction is so conferred to the
exclusion of the whole jurisdiction of the said Court of Appeal,
Parliament may suspend the provisions of the said Part 1 establishing
that Court.
3. In subsection (1) the expression "any court in Barbados" includes the Court of Appeal established by Part 1 of this Chapter.
Appeals relating to fundamental rights and freedoms
87. 1. An appeal to the Court of Appeal shall lie as of right form
final decisions of the High Court given in exercise of the jurisdiction
conferred on the High Court by section 24 (which relates to the
enforcement for fundamental rights and freedoms).
2. An appeal shall lie as of right to Her Majesty in Council from any decision given by the Court of Appeal in any such case.
3. In this section "the Court of Appeal" means such court as may be
vested with jurisdiction to hear appeals from any court in Barbados in
pursuance of section 86 or, if there is no such court, the Court of
Appeal established by Part 1 of this Chapter.
Appeals to Her Majesty in Council in other cases
88. 1. Parliament may provide for an appeal to lie from -
a. decision of the Court of Appeal established by Part 1 of this Chapter; or
b. decisions of any other court in exercise of jurisdiction conferred by a law enacted in pursuance of section 86(1),
to Her Majesty in Council, either as of right or with the leave of the
said Court of Appeal or other court, as the case may be, in such cases
other than those referred to in section 87(2) as may be prescribed by
Parliament.
2. Nothing in this Constitution shall effect any right of Her Majesty
to grant special leave to appeal from decision such as are referred to
in subsection (1).
CHAPTER VIII
THE PUBLIC SERVICE
PART 1
THE SERVICES COMMISSIONS
Establishment and composition of Judicial and legal Service Commission
89. 1. There shall be a Judicial and Legal Service Commission for Barbados which shall consist of the following persons-
a. the Chief Justice, who shall be Chairman;
b. the Chairman of the Public Service Commission or some other member
of the Public Service Commission nominated by the Chairman to represent
him at any meeting of the Judicial and Legal Service Commission;
c. three other members (hereinafter called "the appointed members")
appointed in accordance with the provisions of subsection (2).
2. The appointed members shall be appointed by the Governor General, by
instrument under the Public Seal, acting on the recommendation of the
Prime Minister after consultation with the leader of the Opposition,
from among persons who are, or have been, judges of a court having
unlimited jurisdiction in civil and criminal matters in some part of
the Commonwealth or a court having jurisdiction in appeals from any
such court:cralaw:red
Provided that if, whenever an occasion arises for the appointment of an
appointed member, the Governor General, acting as aforesaid, is
satisfied that there is no suitable person who is or has been such a
judge available and willing to be appointed, he may appoint a person
who has been entitled to practice in Barbados as a barrister for not
less than ten years but is not in active practice as a barrister.
3. No person shall be qualified to be appointed as a member of the
Judicial and Legal Service Commission if he is a member of either House
or a public officer.
4. Subject to the provisions of subsection (5), the office of an appointed member shall become vacant -
a. at the expiration of three years from the date of his appointment or
at such earlier time as may be specified in the instrument by which he
was appointed;
b. if he becomes a member of either House or a public officer or is
appointed to the office of Chief Justice or Chairman of the Public
Service Commission.
5. The provisions of section 105 (which relate to removal from office)
shall apply to the office of an appointed member, and the prescribed
authority for the purposes of subsection (4) of that section shall be
the Prime Minister and for the purposes of subsection (6) of that
section shall be the Chief Justice.
6. If the office of an appointed member is vacant or the holder thereof
is for any reason unable to perform the functions of his office, the
Governor General, acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition, may, by
instrument under the Public Seal, appoint a person who is qualified for
appointment as an appointed member to act in the office of that member;
and any person so appointed shall, subject to the provisions of
subsection (4)(b), continue so to act until a person has been appointed
to the office in which he is acting and has assumed the functions
thereof or, as the case may be, the holder thereof resumes those
functions or until his appointment so to act is revoked by the Governor
General, acting as aforesaid.
7. An appointed member shall not, within a period of one year
commencing with the date on which he last held or acted in the office
of appointed member, be eligible for appointment to any office power to
make appointments to which is vested by this Constitution in the
Governor General acting on the recommendation or in accordance with the
advice of the Judicial and Legal Service Commission.
Establishment and composition of Public Service Commission
90. 1. There shall be a Public Service Commission for Barbados which
shall consist of a Chairman and not less than three nor more than five
other members, who shall be appointed by the Governor General, acting
on the recommendation of the Prime Minister after consultation with the
Leader of the Opposition, by instrument under the Public Seal.
2. No person shall be qualified to be appointed as a member of the
Public Service Commission if he is a member of either House or a public
officer.
3. Subject to the provisions of subsection (4), the office of a member of the Public Service Commission shall become vacant -
a. at the expiration of three years from the date of his appointment or
such earlier time as may be specified in the instrument by which he was
appointed;
b. if he becomes a member of either House or a public officer.
4. The provisions of section 105 (which relate to removal from office)
shall apply to the office of a member of the Public Service Commission,
and for the purposes of subsections (4) and (6) of that section the
prescribed authority shall be the Prime Minister except that, in
relation to a member who does not hold, or is not for the time being
acting in, the office of Chairman of the Commission, the prescribed
authority for the purposes of the said subsection (6) shall be the
holder of the office of Chairman.
5. If the office of Chairman of the Public Service Commission is vacant
or the holder thereof is for any reason unable to perform the functions
of his office, then, until a person has been appointed to and has
assumed the functions of that office or until the person holding that
office has resumed those functions, as the case may be, they shall be
performed by such one of the other members of the Commission as may for
the time being be designated in that behalf by the Governor General,
acting on the recommendation of the Prime Minister after consultation
with the Leader of the Opposition.
6. If the office of a member of the Public Service Commission other
than the Chairman is vacant or the holder thereof is for any reason
unable to perform the functions of his office, the Governor General,
acting on the recommendation of the Prime Minister after consultation
with the Leader of the Opposition, may appoint a person who is
qualified for appointment as a member of the Commission to act in the
office of that member; and any person so appointed shall, subject to
the provisions of subsection (3)(b), continue so to act until a person
has been appointed to the office in which he is acting and has assumed
the functions thereof or, as the case may be, the holder thereof
resumes those functions or until his appointment so to act is revoked
by the Governor General acting as aforesaid.
7. A member of the Public Service Commission shall not, within a period
of one year commencing with the date on which he last held or acted in
that office, be eligible for appointment to any office power to make
appointments to which is vested by this Constitution in the Governor
General acting on the recommendation or in accordance with the advice
of the Public Service Commission.
Establishment and composition of Police Service Commission
91. 1. There shall be a Police Service Commission for Barbados which
shall consist of a Chairman and not less than two nor more than four
other members, who shall be appointed by the Governor General, acting
on the recommendation of the Prime Minister after consultation with the
Leader of the Opposition, by instrument under the Public Seal.
2. No person shall be qualified to be appointed as a member of the
Police Service Commission if he is a member of either House or a public
officer.
3. Subject to the provisions of subsection (4), the office of a member of the Police Service Commission shall become vacant -
a. at the expiration of three years form the date of his appointment or
at such earlier time as may be specified in the instrument by which he
was appointed;
b. if he becomes a member of either House or a public officer.
4. The provisions of section 105 (which relate to removal from office)
shall apply to the office of a member of the Police Service Commission,
and for the purposes of subsections (4) and (6) of that section the
prescribed authority shall be the Prime Minister except that, in
relation to a member who does not hold, or is not for the time being
acting in, the office of Chairman of the Commission, the prescribed
authority for the purposes of the said subsection (6) shall be the
holder of the office of Chairman.
5. If the office of Chairman of the Police Service Commission is vacant
or the holder thereof is for any reason unable to perform the functions
of his office, then, until a person has been appointed to and has
assumed the functions of that office or until the person holding that
office has resumed those functions, as the case may be, they shall be
performed by such one of the other members of the Commission as may for
the time being be designated in that behalf by the Governor General,
acting on the recommendation of the Prime Minister after consultation
with the Leader of the Opposition.
6. If the office of a member of the Police Service Commission other
than the Chairman is vacant or the holder thereof is for any reason
unable to perform the functions thereof, the Governor General, acting
on the recommendation of the Prime Minister after consultation with the
Leader of the Opposition, may appoint a person who is qualified for
appointment as a member of the Commission to act in the office of that
member; and any person so appointed shall, subject to the provisions of
subsection (3)(b), continue so to act until a person has been appointed
to the office in which he is acting and has assumed the functions
thereof or, as the case may be, the holder thereof resumes those
functions or until his appointment so to act is revoked by the Governor
General, acting as aforesaid.
7. A member of the Police Service Commission shall not, within a period
of one year commencing with the date on which he last held or acted in
that office, be eligible for appointment to any office power to make
appointments to which is vested by this Constitution in the Governor
General acting on the recommendation or in accordance with the advice
of the Police Service Commission.
Procedure of Commissions
92. 1. In relation to any Commission established by this Chapter, the
Governor General, acting in accordance with the advice of the
Commission, may by regulation or otherwise regulate its procedure and,
subject to the consent of the Prime Minister, confer powers and impose
duties on any public officer or any authority of the Government for the
purpose of the discharge of the functions of the Commission.
2. At any meeting of any Commission established by this Chapter a
quorum shall be constituted if three members are present; and, if a
quorum is present, the Commission shall not be disqualified for the
transaction of business by reason of any vacancy among its members or
the absence of any member and any proceedings of the Commission shall
be valid notwithstanding that some person who was not entitled so to do
tool part therein.
3. Any question proposed for decision at any meeting of any Commission
established by this Chapter shall be determined by a majority of the
votes of the members thereof present and voting, and if on any such
question the votes are equally divided the member presiding shall have
and exercise a casting vote.
PART 2
APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS
Appointment, etc., of judicial and legal officers
93. 1. Subject to the provisions of this Constitution, power to make
appointments to the offices to which this section applies and to remove
and to exercise disciplinary control over persons holding or acting in
such offices is hereby vested in the Governor General, acting in
accordance with the advice of the Judicial and Legal Service Commission.
2. This section applies to such public offices (other than the office
of the Director of Public Prosecutions) for appointment to which
persons are required to possess legal qualifications as may be
prescribed by Parliament.
Appointment, etc., of public officers
94. 1. Subject to the provisions of this Constitution, power to make
appointments to public offices and to remove and to exercise
disciplinary control over persons holding or acting in such offices is
hereby vested in the Governor General, acting in accordance with the
advice of the Public Service Commission.
2. Before the Public Service Commission advises the appointment to any
public office of any person holding or acting in any office power to
make appointments to which is vested by this Constitution in the
Governor General, acting in accordance with the advice of the Judicial
and Legal Service Commission or the Police Service Commission, it shall
consult the Judicial and Legal Service Commission or the Police Service
Commission, as the case may be.
3. The provisions of this section shall not apply in relation to -
a. the office of any member of the Governor General's personal staff;
b. any office to which section 92 applies;
c. any office in the Police Force;
d. any office to which section 100 applies;
e. the office of the Director of Public Prosecutions; and
f. the office of the Auditor General.
Delegation of powers under section 94
95. 1. The Governor General, acting in accordance with the advice of
the Public Service Commission, may by instrument under the Public Seal
direct that, to such extent and subject to such conditions as may be
specified in that instrument, the powers, other than the power to
remove from office, vested in him by section 94(1), shall (without
prejudice to the exercise of such powers by the Governor General under
that section) be exercisable by such one or more members of the Public
Service Commission or by such public officer as may be so specified.
2. In any case where an appointment is to be made by virtue of an
instrument made under this section and the person to be appointed holds
or is acting in any office power to make appointments to which is
vested in the Governor General, acting in accordance with the advice of
the Judicial and Legal Service Commission or the Police Service
Commission, the person empowered by the said instrument to make the
appointment shall consult the Judicial and Legal Service Commission or
the Police Service Commission, as the case may be, before making the
appointment.
3. Where the power to exercise disciplinary control over any officer
has been exercised by virtue of an instrument made under this section,
the officer in respect of whom it was so exercised may apply for the
case to be referred to the Governor General and thereupon the
disciplinary action taken shall cease to have effect except in so far
as it may have included the suspension of the officer from performing
the functions of his office and the case shall be referred to the
Governor General shall then take such action in respect of the officer
as the Public Service Commission may advise.
Appointment, etc., of members of the Police Force
96. 1. Subject to the provisions of this Constitution, power to make
appointments to offices in the Police Force and to remove and to
exercise disciplinary control over persons holding or acting in such
offices, is hereby vested in the Governor General, acting in accordance
with the advice of the Police Service Commission.
2. Before the Police Service Commission advises the appointment to any
office in the Police Force of any person holding or acting in any
office power to make appointments to which is vested by this
Constitution in the Governor General, acting in accordance with the
advice of the Judicial and Legal Service Commission or the Public
Service Commission, it shall consult the Judicial and Legal Service
Commission or the Police Service Commission, as the case may be, before
making the appointment.
3. Where the power to exercise disciplinary control over any officer
has been exercised by virtue of an instrument made under this section,
the officer in respect of whom it was so exercised may apply for the
case to be referred to the Governor General and thereupon the
disciplinary action taken shall cease to have effect except in so far
as it may have included the suspension of the officer from performing
the functions of his office and the case shall be referred to the
Governor General accordingly; and, subject to the provisions of section
98, the Governor General shall then take such action in respect of the
officer as the Public Service Commission may advise.
Delegation of powers under section 96
97. 1. The Governor General, acting in accordance with the advice of
the Police Service Commission, may by instrument under the Public Seal
direct that, to such extent and subject to such conditions as may be
specified in that instrument, the powers, other than the power to
remove from office, vested in him by section 96(1) in relation to
offices in the Police Force below the rank of Inspector shall (without
prejudice to the exercise for such powers by the Governor General under
that section) be exercisable by such one or more members of the Police
Service Commission or by such officers in the Police Force not below
the rank of Superintendent as may be so specified.
2. In any case where an appointment is to be made by virtue of an
instrument made under this section and the person to be appointed holds
or is acting in any office power to make appointments to which is
vested in the Governor General, acting in accordance with the advice of
the Judicial and Legal Service Commission or the Public Service
Commission, the person empowered by the said instrument to make the
appointment shall consult the Judicial and Legal Service Commission or
the Public Service Commission, as the case may be, before making the
appointment.
3. Where the power to exercise disciplinary control over any member of
the Police Force has been exercised by virtue of an instrument made
under this section, the member of the Police Force in respect of whom
it was so exercised may apply for the case to be referred to the
Governor General and thereupon the disciplinary action taken shall
cease to have effect except in so far as it may have included the
suspension of the member from performing the functions of his office
and the case shall be referred to the Governor General accordingly;
and, subject to the provisions of section 98, the Governor General
shall then take such action in respect of that member of the Police
force as the Police Service Commission may advise.
Appeals to privy Council in disciplinary matters
98. 1. Before the Governor General acts in accordance with the advice
of any Commission established by this Chapter that any public officer
shall be removed from office or that any penalty should be imposed on
him by way of disciplinary control, he shall inform the officer of that
advice and if the officer then applies for the case to be referred to
the Privy Council, the Governor General shall not act in accordance
with that advice but shall refer the case to the privy Council
accordingly:cralaw:red
Provided that the Governor General acting in accordance with the advice
of the Commission, may nevertheless suspend that officer from
performing the functions of his office pending the determination of the
reference to the privy Council.
2. When a reference is made to the privy Council under the provisions
of subsection (1), the privy Council shall consider the case and shall
advise the Governor General what action should be taken in respect of
the officer, and the Governor General shall then act in accordance with
such advice.
Appointment of permanent secretaries and certain other public officers
99. 1. Notwithstanding anything contained in the preceding provisions of this Chapter -
a. except as provided in paragraph (b), power to make appointments to
the offices to which this section applies is hereby vested in the
Governor General, acting on the recommendation of the appropriate
Service Commission made after that Commission has consulted the Prime
Minister; and
b. power to make appointments to the office of a permanent secretary on
transfer from another such office carrying the same salary is hereby
vested in the Governor General, acting on the recommendation of the
Prime Minister.
2. This section applies to the offices of Secretary to the Cabinet,
permanent secretary, Commissioner of Police, Chief Establishments
Officer and Chief Personnel Officer.
3. In this section -
"appropriate Service Commission" means -
a. in relation to any office f Commissioner of Police, the Police Service Commission;
b. in relation to any office to which section 93 applies as respects
power to remove and exercise disciplinary control over any person
holding or acting in that office, the Judicial and Legal Service
Commission; and
c. in relation to any other office, the Public Service Commission;
"permanent secretary" means the public officer (whether or not styled
permanent secretary) who, subject to the general direction and control
of a minister, supervises any department of the Government, and,
without prejudice to the generality of the foregoing definition,
includes the Financial Secretary and the Solicitor General.
Appointment, etc., of principal representatives abroad and subordinate staff
100. 1. Power to make appointments to the offices to which this section
applies and to remove persons holding or acting in such offices shall
vest in the Governor General, acting in accordance with the advice of
the Prime Minister.
2. Before tendering advice for the purposes of this section in relation
to any person who holds any public office other than an office to which
this section applies, the Prime Minister shall consult the appropriate
Service Commission.
3. This section applies to the office of Ambassador, High Commissioner
or other principal representative of Barbados in any other country or
accredited to any international organization.
4. Before the Judicial and Legal Service Commission or the Public
Service Commission advises the Governor General under section 93 or, as
the case may be, section 94 to appoint any person to any subordinate
overseas office, the Commission shall consult the permanent secretary
(as defined in section 99(3)) of the department responsible for the
external affairs of Barbados.
5. In this section -
"appropriate Service Commission" means -
a. in relation to a person who holds an office in the Police Force, the Police Service Commission;
b. in relation to a person who holds an office to which section 93
applies as respects power to remove and exercise disciplinary control
over any person holding or acting in that office, the Judicial and
Legal Service Commission; and
c. in relation to any other person, the Public Service Commission;
"subordinate overseas office" means an office on the staff of any
officer mentioned in subsection (3) which is pensionable for the
purposes of any law providing for the grant of pensions in respect of
service in the public service.
Appointment, etc., of Director of Public Prosecutions
101. 1. The Director of Public Prosecutions (in this section referred
to as "the Director") shall be appointed by the Governor General,
acting on the recommendation of the Judicial and Legal Service
Commission, by instrument under the Public Seal.
2. A person shall not be qualified to hold or to act in the office of
Director unless he is qualified for appointment as a Judge.
3. If the office of the Director is vacant or if the holder thereof is
for any reason unable to perform the functions thereof, the Governor
General, acting on the recommendation of the Judicial and Legal Service
Commission, may appoint a person to act in the office of the Director;
and any person so appointed shall, subject to the provisions of
subsection (4), continue so to act until a person has been appointed to
the office of the Director and has assumed the functions of that office
or, as the case may be, the holder thereof has resumed those functions
or until his appointment so to act is revoked by the Governor General,
acting as aforesaid.
4. Subject to the provisions of subsection (5), the Director shall vacate office when he attains the age of sixty two years:cralaw:red
Provided that the Governor General acting on the recommendation of the
Judicial and Legal Service Commission, may permit a Director who has
attained the age of sixty two years to continue in office until he has
attained such later age, not exceeding sixty five years, as may have
been agreed between the Governor General and the Director.
5. The provisions of section 105 (which relate to removal form office)
shall apply to the office of the Director, and the prescribed authority
for the purposes of subsections (4) and (6) of that section shall be
the Judicial and Legal Service Commission.
Appointment, etc., of Auditor General
102. 1. The Auditor General shall be appointed by the Governor General,
by instrument under the Public Seal, acting on the recommendation of
the Public Service Commission made after the Commission has consulted
the Prime Minister.
2. If the office of Auditor General is vacant or the holder thereof is
for any reason unable to perform the functions thereof, the Governor
General, acting on the recommendation of the Public Service Commission
made after the Commission has consulted the Prime Minister, may appoint
a person to act in the office of Auditor General; and any person so
appointed shall, subject to the provisions of subsection (3), continue
so to act until a person has been appointed to the office of Auditor
General and has assumed the functions of that office or, as the case
may be, the holder thereof has resumed those functions or until his
appointment so to act is revoked by the Governor General acting as
aforesaid.
3. Subject to the provisions of subsection (4), the Auditor General
shall vacate office when he attains the age of sixty two years.
4. The provisions of section 105 (which relate to removal from office)
shall apply to the office of Auditor General, and the prescribed
authority for the purposes of subsection (4) of that section shall be
the Prime Minister or the Chairman of the Public Service Commission and
for the purposes of subsection (6) of that section shall be the Public
Service Commission.
PART 3
PENSIONS
Protection of pension rights
103. 1. Subject to the provisions of section 104, the law applicable to
the grant and payment to any officer , or to his window, children,
dependants or personal representatives, of any pension, compensation,
gratuity or other like allowance (in this section and section 104
referred to as an "award") in respect of the service of that officer in
a public office shall be that in force on the relevant date or any
later law that is not less favorable to that person.
2. In subsection (1) "the relevant date" means -
a. in relation to an award granted before 30th November 1966, the date on which the award was granted;
b. in relation to an award granted or to be granted on or after 30th
November 1966 to or in respect of any person who was a public officer
before that date, 29th November 1966;
c. in relation to an award granted or to be granted to or in respect of
any person who becomes a public officer on or after 30th November 1966,
the date on which he becomes a public officer.
3. Where a person is entitled to exercise an option as to which of two
or more laws shall apply in his case, the law specified by him in
exercising the option shall, for the purposes of this section, be
deemed to be more favorable to him than the other law or laws.
4. Awards granted under any law in respect of service in a public
office (not being awards that are a charge upon some other public fund
of Barbados) are hereby charged on the Consolidated Fund.
5. For the purposes of this section and of section 104, service as a Judge shall be deemed to be service in the public service.
Grant and withholding of pensions, etc.
104. 1. The power to grant any award under any pensions law for the
time being in force in Barbados (other than an award to which, under
that law, the person to whom it is payable is entitled as of right)
and, in accordance with any provisions in that behalf contained in any
such law, to withhold, reduce in amount or suspend any award payable
under any such law is hereby vested in the Governor General.
2. Subject to the provisions of subsections (5) and (6), the power
vested in the Governor General by subsection (1) shall be exercised by
him on the recommendation of the appropriate Service Commission.
3. The appropriate Service Commission shall not recommend to the
Governor General that any award for which a person who holds or has
held the office of a Judge, Director of Public Prosecutions or Auditor
General is eligible shall not be granted, or that any award payable to
him shall be withheld, reduced in amount or suspended, on the ground
that he has been guilty of misbehavior unless he has been removed from
office by reason of such misbehavior.
4. In this section "the appropriate Service Commission" means -
a. in the case of an award that may be granted or is payable to a
person who, having been a public office, was immediately before the
date on which he ceased to hold public office serving -
i. as a Judge;
ii. as the Director of Public Prosecutions;
iii. in any office to which section 93 applies as respects power to
remove and exercise disciplinary control over any person holding or
acting in that office ar the date of the exercise of the power vested
as aforesaid.
the Judicial and Legal Service Commission.
b. in the case of an award that may be granted or is payable to a
person who, having been a public officer, was immediately before the
date on which he ceased to hold public office, serving as a member of
the Police Force, the Police Service Commission.
c. in any other case the Public Service Commission.
5. Where the appropriate Service Commission makes a recommendation to
the Governor General under this section that any award that may be
granted under any pensions law in respect of the service in a public
office of any person should not be granted, or that any award payable
under any such law in respect of such service should be withheld,
reduced in amount or suspended, the Governor General shall inform the
person concerned or his personal representatives of that
recommendation, and if that person then applies, or, as the case may
be, his personal representatives then apply, for the case to be
referred to the Privy Council, the Governor General shall refer the
case to the Privy Council accordingly.
6. When a reference is made to the Privy Council under the provisions
of subsection (5), the Privy Council shall consider the case and shall
advise the Governor General whether the recommendation of the
appropriate Service Commission should be affirmed, reversed or
modified, and the Governor General shall then act in accordance with
that advice.
7. In this section "pensions law" means any law relating to the grant
to any person or to the widow, children, dependants or personal
representatives of that person, of an award for any pension,
compensation, gratuity or other like allowance in respect of the
service of that person in a public office.
PART 4
MISCELLANEOUS
Removal from office of certain persons
105. 1. Where it is provided in this Chapter that this section shall
apply to any office, a person holding such office (in this section
referred to as "the officer") shall not be removed therefrom or
suspended from the exercise of the functions thereof except in
accordance with the provisions of this section; and the prescribed
authority for the purposes of subsection (4) or subsection (6) shall,
in relation to any office, be the authority prescribed for that purpose
by the provision for this Chapter by which this section is applied to
that office.
2. The officer may be removed from office only for inability to
discharge the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehavior.
3. The officer shall be removed from office by the Governor General if
the question of his removal from office has been referred to a tribunal
appointed under this section and the tribunal has advised the Governor
General that he ought to be removed from office for inability as
aforesaid or for misbehavior.
4. If the prescribed authority advises the Governor General that the
question of removing the officer from office under this section ought
to be investigated, then -
a. the Governor General shall appoint a tribunal which shall consist of
a Chairman and not less than two other members, selected by the
Governor General acting in accordance with the advice of the Chief
Justice, from among persons who hold or have held office as a judge of
a court having unlimited jurisdiction in civil and criminal matters in
some part of the Commonwealth or a court having jurisdiction in appeals
from any such court or have been entitled to practice in Barbados as
barristers or solicitors for not less than ten years; and
b. that tribunal shall enquire into the matter and report on the facts
thereof to the Governor General and advise the Governor General whether
the officer ought to be removed from office for inability as aforesaid
or for misbehavior.
5. The provisions of the Second Schedule shall apply to tribunals appointed under this section.
6. If the question of removing the officer from office has been
referred to a tribunal under this section, the Governor General, acting
in accordance with the advice of the prescribed authority, may suspend
the officer from performing the functions of his office, and any such
suspension may at any time be revoked by the Governor General, acting
as aforesaid, and shall in any case cease to have effect if the
tribunal advises the Governor General that the officer should not be
removed from office.
Protection of Commissions, etc., from legal proceedings
106. The question whether -
a. any Commission established by this Chapter has validly performed any function vested in it by or under this Chapter:
b. any person has validly performed any function delegated to him in
pursuance of the provisions of section 95 or, as the case may be, of
section 97; 04
c. any member of such a Commission or any other person or authority has
validly performed any other function in relation to the work of the
Commission or in relation to any such function as is referred to in
paragraph (b), shall not be enquired into in any court.
CHAPTER IX
FINANCE
Consolidated Fund
107. There shall be in and for Barbados a Consolidated Fund, into
which, subject to the provisions of any law for the time being in force
in Barbados, shall be paid all revenues of Barbados.
Estimate
108. 1. The Minister responsible for finance shall, before the end of
each financial year, cause to be prepared annual estimates of revenue
and expenditure for public services during the succeeding financial
year, which shall be laid before the House of Assembly.
2. The estimates of expenditure shall show separately the sums required
to meet statutory expenditure (as defined in section 109(7)) and the
sums required to meet other expenditure proposed to be paid out of the
Consolidated Fund.
Authorization of expenditure
109. 1. The Minister responsible for finance shall, in respect of each
financial year, at the earliest convenient moment before the
commencement of that financial year, introduce in the House of Assembly
an Appropriation Bill containing, under appropriate heads for the
several services required the estimated aggregate sums which are
proposed to be expended (otherwise than by way of statutory
expenditure) during that financial year.
2. Subject to subsection s(4) and (6), the sums voted on the estimates
by the House of Assembly in respect of a financial year shall represent
the limit and extent of the public expenditure for that financial year.
3. Where any sum is voted on the estimates by the House of Assembly in
respect of a financial year and at the end of that year there is an
unexpended balance of that sum, the unexpended balance shall lapse.
4. The Minister responsible for finance may, in case of necessity, from
time to time cause to be prepared supplementary estimates of
expenditure which shall be laid before and voted on by the House of
Assembly.
5. In respect of all supplementary expenditure voted on by the House of
Assembly in pursuance of subsection (4), the Minister responsible for
finance may, at any time before the end of the financial year,
introduce into the House of Assembly a Supplementary Appropriation Bill
containing under appropriate heads, the aggregate sums so voted, and
shall, as soon as possible after the end of each financial year,
introduce into the House of Assembly a final Appropriation bill
containing any such sums which have not yet been included in any
Appropriation bill.
6. That part of any estimate of expenditure laid before the House of
Assembly which shows statutory expenditure shall not be voted on by the
House, and such expenditure shall, without further authority of
Parliament, be paid out of the Consolidated Fund.
7. For the purposes of this section and section 108 -
a. "Financial year" means any period of twelve months beginning on 1st
April in any year or such other date as Parliament may prescribe; and
b. "statutory expenditure" means expenditure charged on the
Consolidated Fund or on the general revenues and assets of Barbados by
any provision of this Constitution or of any other law for the time
being in force in Barbados.
Meeting expenditure from consolidated Fund
110. No sum shall be paid out of the Consolidated fund except upon the
authority of a warrant under the hand of the Minister responsible for
finance or under the hand of some person authorized by him in writing;
and sums so issued shall be disposed of for meeting public expenditure
authorized under section 109 or, in the case of statutory expenditure,
for the purposes appointed by law.
Public debt
111. The public debt of Barbados, including the interest on that debt,
sinking fund payments and redemption monies in respect of that debt and
the costs, charges and expenses incidental to the management of that
debt, is hereby charged on the Consolidated Fund.
Remuneration of Governor General and certain other officers
112. 1. There shall be paid to the holders of the offices to which this
section applies such salaries as may be prescribed by or under any law.
2. The salaries payable to the holders of the offices to which this section applies are hereby charged on the Consolidated fund.
3. The salary and allowances payable to the holder of any office to
which this section applies and his other terms of service shall not be
altered to his disadvantage after his appointment, and, for the
purposes of this subsection, in so far as the terms of service of any
person depend upon the option of that person, the terms for which he
opts shall be taken to be more advantageous to him than any other terms
for which he might have opted.
4. This section applies to the offices of Governor General, Judges,
Director of Public Prosecutions, Auditor General, appointed members of
the Judicial and Legal Service Commission and members of the Public
Service Commission and the Police Service Commission.
Establishment of office and functions of Auditor General
113. 1. There shall be an auditor General, whose office shall be a public office.
2. The accounts of the Supreme Court, the Senate, the House of Assembly
and all departments and offices of the government (including the
offices of the Cabinet, the Privy Council, the Judicial and Legal
Service Commission, the Public Service Commission and the Police
Service Commission but excluding the department of the Auditor General)
shall, at least once in every year, be audited and reported on by the
Auditor General who, with his subordinate staff, shall at all times be
entitled to have access to all books, records, returns and reports
relating to such accounts.
3. The Auditor General shall submit his reports made under subsection
(2) to the Speaker (or, if the office of Speaker is vacant or the
Speaker is for any reason unable to perform the functions of his
office, to the Deputy Speaker) who shall cause them to be laid before
the House of Assembly.
4. In the exercise of this functions under the provisions of
subsections (2) and (3), the Auditor General shall not be subject to
the direction or control of any other person or authority.
5. The accounts of the department of the Auditor General shall be
audited and reported on by the Minister responsible for finance and the
provisions of subsections (2) and (3) shall apply in relation to the
exercise by that Minister of those functions as they apply in relation
to audits and reports made by the Auditor General.
6. Nothing in this section shall prevent the performance by the Auditor General of -
a. such other functions in relation to the accounts of the Government
and the accounts of other public authorities and other bodies
administering public funds in Barbados as may be prescribed by or under
any law for the time being in force in Barbados; or
b. such other functions in relation to the supervision and control of
expenditure from public funds in Barbados as may be so prescribed.
CHAPTER X
MISCELLANEOUS AND INTERPRETATION
Appointments
114. 1. Where any person has vacated any office established by this
Constitution (including any office established under section 41(1),
64(1) and 80(2)) he may, if qualified, again be appointed, elected or
otherwise selected to hold that office in accordance with the
provisions of this Constitution.
2. Where by this Constitution a power is conferred upon any person or
authority to make any appointment to any public office, a person may be
appointed to that office when that other person is on leave of absence
pending relinquishment of the office; and where two or more persons are
holding the same office by reason of an appointment made in pursuance f
this subsection, then for the purposes of any function conferred upon
the holder of that office the person las appointed shall be deemed to
be the sole holder of the office.
3. Subsection (2) shall have effect in relation to the office of a Judge as if that office were a public office
Resignations
115. 1. Any person who is appointed or elected to or otherwise selected
for any office established by this Constitution (including any office
established under section 41(1), 64(1) or 80(2), may resign from that
office and, save as otherwise provided by section 40(3) or 45(1), shall
do so by writing under his hand addressed to the person or authority by
whom he was appointed, elected or selected.
2. The resignation of any person from any such office as aforesaid
signified by writing under his hand shall take effect when the writing
signifying the resignation is received by the person or authority to
whom it is addressed or by any person authorized by that person or
authority to receive it or employed to assist that person int her
performance of the functions of his office.
Vacation of office on attaining a prescribed age
116. Where by this Constitution a person is required to vacate an
office when he attains an age prescribed by or under the provisions of
this Constitution, nothing done by him in the performance of the
functions of that office shall be invalid by reason only that he has
attained the age so prescribed.
Interpretation
117. 1. In this Constitution -
"Act of Parliament" means any law made by Parliament;chanroblesvirtualawlibrary
"the Commonwealth" means Barbados, any country to which section 8 applies and any dependency of any such country;chanroblesvirtualawlibrary
"the Consolidated Fund" means the Consolidated Fund established by section 107;chanroblesvirtualawlibrary
"House" means the Senate or the House of Assembly, as the context may require;chanroblesvirtualawlibrary
"Judge" means the Chief Justice and any other Judge of the supreme Court;chanroblesvirtualawlibrary
"law" includes any instrument having the force of law and any unwritten rule of law;chanroblesvirtualawlibrary
"oath of allegiance" means the oath of allegiance set out in the First Schedule;chanroblesvirtualawlibrary
"Parliament" means the Parliament of Barbados;chanroblesvirtualawlibrary
"Police Force" means the Royal Barbados Police Force established under the Police Act, 1961(a);chanroblesvirtualawlibrary
"public office" means any office of emolument in the public service;chanroblesvirtualawlibrary
"public officer" means the holder of any public office and includes any person appointed to act in any such office;chanroblesvirtualawlibrary
"the public service" means subject to the provisions of subsection (7),
the service of the Crown in a civil capacity in respect of the
government of Barbados;chanroblesvirtualawlibrary
" session" means, in relation to Parliament, the sittings of Parliament
commencing when it first meets after this Constitution comes into force
or after the prorogation or dissolution of Parliament at any time and
terminating when Parliament is prorogued or is dissolved without having
been prorogued;chanroblesvirtualawlibrary
"sitting" means, in relation to a House, a period during which that
House is sitting continuously without adjournment and includes any
period during which the House is in committee;chanroblesvirtualawlibrary
"Speaker" and "Deputy Speaker" mean the member of the House of Assembly
from time to time elected by that House to be respectively Speaker or
Deputy Speaker of that House.
2. For the purposes of this Constitution the territory of Barbados
shall compose all the areas that were comprised therein immediately
before 30th November 1966 together with such other areas as Parliament
may declare to form part thereof.
3. Any reference in this Constitution to power to make appointments to
any office shall be construed as including a reference to power to make
appointments on promotion or transfer to that office and to power to
appoint a person to act in or perform the functions of that office
during any period during which it is vacant or during which the holder
thereof is unable (whether by reason of absence or infirmity of body or
mind or any other cause) to perform those functions.
4. Any reference in this Constitution to the holder of an office by the
term designating his office shall be construed as including a reference
to any person for the time being lawfully performing the functions of
that office.
5. Where by this Constitution any person is directed, or power is
conferred on any person or authority to appoint a person, to perform
the functions of any office if the holder thereof is unable to perform
those functions, the validity of any performance of those functions by
the person so directed or of any appointment made in exercise of that
power shall not be called in question in any court on the ground that
the holder of that office was not or is not unable to perform those
functions.
6. For the purposes of this Constitution a person shall not be
considered as holding a public office by reason only of the fact that
he is in receipt for a pension or other like allowance in respect of
public service.
7. In this Constitution references to the public service shall not be construed as including service in -
a. the office of Governor General, Prime Minister or other Minister,
Parliamentary Secretary, Leader of the Opposition, President, Deputy
President or member of the Senate, speaker, Deputy Speaker, or member
of the House of Assembly or member of the Privy Council;
b. the office of a member of the Judicial and Legal Service Commission,
the public Service Commission or the Police Service Commission;
c. the office of a member of any board, committee or other similar body
(whether incorporated or not) established by any law in force in
Barbados; or
d. except as otherwise provided in this Constitution, the office of a
Judge or any office on the personal staff of the Governor General.
8. References in this Constitution to the power to remove a public
officer shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from
the public service:cralaw:red
Provided that -
a. nothing in this subsection shall be construed as conferring on any
person or authority power to require a Judge or the Director of Public
Prosecutions or the Auditor General to retire from the public service;
and
b. any power conferred by any law to permit a person to retire form the
public service shall, in the case of any public officer who may be
removed from office by some person or authority other than the Governor
General acting in accordance with the advice of a Commission
established by this Constitution, vest in the Governor General acting
on the recommendation of the Public Service Commission.
9. Where any power is conferred by this Constitution to make any
proclamation or order or to give any directions, the power shall be
construed as including a power exercisable in like manner to amend or
revoke any such proclamation, order or directions.
10. No provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other person or
authority in exercising any functions under this Constitution shall be
construed as precluding a court from exercising jurisdiction in
relation to any question whether that person or authority has performed
those functions in accordance with this Constitution or nay other law.
11. The interpretation Act 1966(a) as in force on 29th November 1966
shall apply, with the necessary adaptations, for the purpose of
interpreting this Constitution and otherwise in relation thereto as it
applies for the purpose of interpreting, and in relation to, an Act of
The Legislature of Barbados passed after the commencement of the
aforesaid Act.
Section 34, 69, 79(7), 83 and 117(1)
FIRST SCHEDULE
OATHS
OATH OF ALLEGIANCE
I,
________________,
do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth II, Her Heirs and Successors, according to law.
So help me God.
Oath for the due execution of the office of Governor General
I,
________________,
do swear that I will well and truly serve Her Majesty Queen
Elizabeth II, Her Heirs and successors, in the office of Governor
General. So help me God.
Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary
secretary.
I,
________________,
being appointed Prime Minister/Minister/Parliamentary Secretary,
do swear that I will do the best of my judgment, at all times when so
required, freely give my counsel and advice to the Governor General (or
any other person for the time being lawfully performing the functions
of that office) for the good management of the public affairs of
Barbados, and I do further swear that I will not on any account, at any
time whatsoever, disclose the counsel, advice, opinion or vote of any
particular Minister or Parliamentary Secretary and that I will not,
except with the authority of the Cabinet and to such extent as may be
required for the good management of the affairs of Barbados, directly
or indirectly reveal the business or proceedings of the Cabinet or the
nature or contents of any documents communicated to me as Prime
Minister/Minister/Parliamentary Secretary or any matter coming to my
knowledge in my capacity as such and that in all things I will be a
true and faithful Prime Minister/Minister/Parliamentary Secretary, so
Help me God.
Oath for the due execution of the office of Director of Public Prosecutions.
I, ________________, do swear that I will well and truly serve Her Majesty Queen
Elizabeth II, Her Heirs and Successors, in the office of Director of
Public Prosecutions. So help me god.
Judicial Oath.
I,
________________,
do swear that I will well and truly serve Our Sovereign Lady Queen
Elizabeth II, Her Heirs and Successors, in the office of Chief
Justice/Judge of the Supreme Court and I will do right to all manner of
people after the laws and usages of Barbados without fear or favour,
affection or ill will. so help me God.
Sections 84(6) and 105(5)
SECOND SCHEDULE
PROVISIONS RELATING TO CERTAIN TRIBUNALS
1. If a member of the tribunal dies or resigns from his office or
becomes unable to perform the functions thereof, another person
qualified to be appointed as a member of the tribunal may be so
appointed in his place.
2. The Governor General may appoint a secretary to the tribunal to
record the proceedings of the tribunal and generally to perform such
duties connected with the enquiry as the tribunal may direct.
3. If the members of the tribunal are equally divided on any question
that arises during the proceedings of the tribunal, the chairman of the
tribunal shall have and exercise a casting vote.
4. The tribunal may regulate its own procedure and may make rules for this purpose.
5. No member of the tribunal shall be liable to any action or suit for anything done by him as a member of the tribunal.
6. The tribunal shall have the powers of the Supreme Court to summon
witnesses, to call for the production of documents and to examine
persons appearing before it on oath. All summonses for the attendance
of witnesses or the production of documents shall be signed by one of
the members of the tribunal, and oaths may be administered by one of
the members or by the secretary to the tribunal.
7. 1. All persons summoned to attend and give evidence or to produce
documents at any sitting of the tribunal shall be bound to obey the
summons served upon them as fully in all respects as witnesses are
bound to obey subpoenas issued from the Supreme Court, and shall be
entitled to the like expenses as if the had been summoned at the
instance of the Crown to attend the Supreme Court on a criminal trial,
if the same shall be allowed by the tribunal, but the tribunal may
disallow the whole or any part of such expenses in any case of it
thinks fit. The procedure for the payment of such witnesses shall be
the same as nearly as may be for the payment of witnesses in the
Supreme Court.
2. Every person refusing or omitting, without sufficient cause, to
attend at the time and place mentioned in the summons served on him,
and every person attending, but leaving the enquiry without the
permission of the tribunal, or refusing without sufficient cause to
answer, or to answer fully and satisfactorily to the best of his
knowledge and belief, all questions put to him by or with the
concurrence of the tribunal, or refusing or omitting without sufficient
cause to produce any documents in his possession or under his control
and mentioned or referred to in the summons served on him, and every
person who shall at any sitting of the tribunal wilfully insult any
member of the tribunal or the secretary or wilfully interrupt the
proceedings of the tribunal shall be liable to a penalty not exceeding
five hundred dollars to be recovered in a summary manner before any
Magistrate.
3. A person giving evidence before the tribunal shall not be
compellable to criminate himself, and every such person shall, in
respect of any evidence given by him before the tribunal, be entitled
to all privileges to which a witness giving evidence before the Supreme
Court is entitled in respect of evidence given by him before that Court.
8. The person to whom the enquiry relates shall be entitled to be
represented at the enquiry by a person entitled to practice in Barbados
as a barrister or solicitor, and any other person concerned in the
enquiry may, by leave of the tribunal, be so represented.
9. The Governor General may direct the Commissioner of Police to detail
constables to attend upon the tribunal to preserve order during the
proceedings of the tribunal, and to serve summonses on witnesses, and
to perform such ministerial duties as the tribunal may direct.
10. 1. The Governor General may direct -
a. what remuneration, if any, shall be paid to the members of the
tribunal and to the secretary and to any other persons employed in
connection with the proceedings of the tribunal; and
b. payment of any other expenses attendant upon the carrying out of the
enquiry or upon any proceedings for any penalty under this Schedule.
2. Any sums directed to be paid under the preceding subparagraph are hereby charged on the Consolidated Fund.
11. No proceeding shall be commenced for any penalty under this
Schedule except by the direction of the Director of Public Prosecutions
or of the tribunal. The tribunal may direct their secretary, or such
other person as they may think fit, to commence and prosecute the
proceedings for any such penalty.
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