| | 
|
| | No. 1 of 2004 |
| | AN ACT TO PROVIDE FOR |
| | THE REGULATION AND MANAGEMENT OF |
| | DAY-CARE CENTRES AND PRE-SCHOOLS |
| | [Date of Assent — 17th June, 2004] |
| | Enacted by the Parliament of The
Bahamas |
1.(1) This Act may be cited as the
Early Childhood Care Act, 2004. | Short title and commencement. |
(2) This Act shall come into
operation on such day- as the Minister may appoint by notice published in the
Gazette. |
| Interpretation. |
"Council" means the Pre-school and
Day-Care Centre Council established under section 3; |
"day-care centre" includes - |
(a) any place other than a private
home operated by a person who receives compensation for the provision of
non-residential care service, for more than five children up to five years of
age; |
(b) a nursery which provides
non-residential care service for compensation for infants and toddlers from
birth to two and a half years of age; and |
(c) a private home operated by a
person who receives compensation for the provision of non-residential care
service, for more than five children under the age of eighteen months; |
"Minister" means the Minister
responsible for pre-schools and day-care centres; |
"operator" means a person entitled to be
issued a licence to operate a day-care center or preschool under section 10 of
the Act; |
"pre-school" means any premises operated
by a person who receives compensation for more than ten children between the
ages of three to five years old for the purpose of care and instruction in all
areas of child development as specified by the Ministry of Education; |
"register" means the register of
day-care centres and pre-schools kept by the Council in accordance with section
12. |
3.(1) There is hereby established a
body to be called the Pre-school and Day-Care Centre Council. | Establishment of a Council. |
(2) The Council shall be a body
corporate with perpetual succession and a common seal, with power to acquire,
hold and dispose of land and other property of whatever kind and to sue and be
sued. |
(3) The First Schedule shall have
effect with respect to the constitution and procedure of the Council and
otherwise in relation thereto. | First Schedule. |
4. The functions of the Council
are - | Functions of the Council. |
(a) to register buildings as day-care
centres and pre-schools; |
(b) to regulate and inspect day-care
centres and pre-schools; |
(c) to appoint qualified persons,
(not being a person engaged in the management of a day-care centre or
pre-school) to be inspectors for the purposes of this Act; |
(d) to govern, discipline and regulate
the professional conduct of operators and employees of day-care centres and
pre-schools; |
(e) to issue certificates of
registration of day-care centres and pre-schools under this Act; |
(f) to issue annual licences to
operators of day-care centres and pre-schools under this Act; |
(g) to establish standards of
qualifications for and to regulate the professional conduct of operators of any
day-care centre and pre-school; and |
(h) to do such other things as may be
prescribed by this Act or any other written law. |
5.(1) No person shall operate a
day-care centre or a pre-school unless it is registered under this Act. | Registration of day-care centres and
pre-schools. |
(2) The Council may, upon
application in the prescribed manner and - |
(a) on being satisfied that the
premises on which the day-care center or pre-school would be operating is fit
for that purpose; |
(b) on being satisfied that all
emergency, medical and disaster plans are in place in the day-care center or
pre-school; |
(c) on being satisfied that the
day-care center or pre-school would operate in a manner that is in the best
interest of the public's safety; and |
(d) upon payment of the prescribed
fee, |
grant to the applicant a certificate of
registration in the prescribed form to use a building as a day-care centre or
pre-school. |
(3) In relation to an application
made under subsection (2), the Council shall be satisfied that - |
(a) the applicant is eighteen years
of age or over; |
(b) the applicant or a person employed
by the applicant is not by reason of age or otherwise incapable of operating or
being employed in a day-care centre or pre-school; |
(c) the applicant is a fit and proper
person, that is to say - |
(i) the applicant has not been
convicted of any offence against this Act, or any offence of which violence,
sexual abuse or dishonesty is an element; |
(ii) in the case of a company, none
of its directors or in the case of another body of persons, none of its
members, have been convicted of any offence as mentioned in this paragraph; |
(iii) the Council is satisfied as to the
character or antecedents or competence of the applicant; and |
(iv) the Council is satisfied as to
the financial position of the applicant; |
(d) a person to be employed by the
applicant in the operation of a day-care centre or pre-school has not been
convicted of any offence of which violence, sexual abuse or dishonesty is an
element; and |
(e) emergency medical and disaster
plans approved by the Ministry of Health are in place in relation to the
day-care centre or pre-school. |
(4) The Council may refuse an
application for registration if the Council is satisfied that - |
(a) the applicant or a person to be
employed by the applicant does not satisfy any of the provisions of subsection
3 and section 20; or |
(b) the premises to be used for the
operation of a day-care centre or a pre-school are not fit to be so used |
(5) Where the Council refuses an
application for registration the Council shall inform the applicant in writing
of such refusal and give the reason therefor. |
6. A certificate of registration
issued in respect of a day-care centre or pre-school shall be displayed in a
conspicuous place in that day-care centre or pre-school. | Certificate to be displayed. |
7.(1) A certificate of registration
issued under this Act shall, unless sooner suspended or revoked, be valid for
one year from the date of issue. | Duration of certificate. |
(2) Application for renewal of a
certificate of registration shall be made not later than thirty days before the
date of the expiration thereof. |
8. A person who operates a
day-care centre or a pre-school without being duly registered under this Act
commits an offence and is liable upon summary conviction to a penalty of five
thousand dollars and where the offence continues after conviction the person
commits a further offence and is liable to a further penalty of one hundred
dollars for every day upon which such offence continues. | Penalty for operating a day-care
centre or pre-school without being registered. |
9.(1) A person who, after the
commencement of this Act, applies to the Council to be registered as an
operator of a day-care centre or pre-school and who satisfies the Council
that- | Qualifications for registration. |
(a) he can read, write, speak and
understand the English language; |
(b) he is trained in the care and
education of children by an institution approved for that purpose by the
Minister; and |
(c) he is a fit and proper person to
become an operator of a day-care centre or pre-school in The Bahamas, |
is entitled, upon compliance with this Act and
on payment of the prescribed fee, to be registered under this Act. |
(2) For the purposes of subsection
(1), a person is qualified to be registered as the operator of a day-care
centre or pre-school if he has not been disqualified or suspended from
practising as a day-care centre or pre-school operator whether within or
outside The Bahamas and - |
(a) he has passed the prescribed
examination set by the Council, or holds a degree, diploma, membership licence,
certificate or other status or form of recognition granted by a University,
College or body which in the opinion of the Council is evidence of satisfactory
training in that profession; or |
(b) (i) he satisfies
the Council that for a period of not less than ten years he has acquired
practical experience in the area of early childhood care ; and |
(ii) he satisfies the Council that
he is a citizen of The Bahamas or a permanent resident of The Bahamas whose
permanent residence certificate permits him to engage in gainful occupation, |
and that he has been practising in the area of
early childhood care in The Bahamas for a period of not less than six months
immediately prior to the date of commencement of this Act. |
(3) An application for
registration under this Act shall be made in the form approved by the Council,
and an applicant shall furnish to the Council - |
(a) evidence of his
qualifications; |
(b) proof of his identity; and |
(c) such further or other information
as the Council requires in respect of the matters specified in paragraphs (a)
and (c) of subsection (1). |
(4) An application made under this
section by a person who is not a citizen of The Bahamas, shall not be granted
without evidence of a valid work permit issued under the provisions of the Immigration
Act. | Ch. 191. |
(5) A registration under this
section shall be known as the first registration, and the fee payable in
respect thereof shall be known as the first registration fee. |
(6) The Council shall, in respect
of the registration of a person under this section, issue to that person a
certificate of registration. |
(7) Where the Council refuses to
approve the registration of a person under this Act, the Council shall within
seven days from the date of such refusal give written notice to the applicant
stating the reasons therefor. |
10.(1) Every person registered under
section 9 who desires to be registered as a day-care centre or pre-school
operator in any year, shall, prior to the first day of January in that year
apply to the Council for a licence, and the Council shall on payment of the
prescribed fee, issue to him a licence, and every person holding such a licence
shall display his licence in a prominent place in his place of business. | Licences. |
(2) Where a person registered
under this Act on or after the 1st day of January in any year
thereafter applies to the Council for a licence, the Council shall on payment
of the fee prescribed under subsection (1) issue to that person a licence. |
(3) Every licence issued under
this section is valid for the year in which it is issued and expires on the 31st
day of December of that year. |
(4) Every such licence shall be
renewed annually upon the application of the holder thereof and the payment of
the prescribed fee. |
(5) The annual renewal licence fee
is payable not later than the 31st day of January in each year. |
(6) Where a licence has been lost,
destroyed or mutilated it may be replaced by the Council by the issue of a copy
thereof upon application by the holder of the licence and on payment of the
prescribed fee. |
11.(1) A person required by section 10
to pay an annual renewal licence fee who fails to pay such fee during the month
of January in any year shall, in respect of his licence for that year pay to the
Registrar, in addition to the annual licence fee, a sum equal to that fee. | Penalty for failure to pay annual
licence fee. |
(2) Where a day-care centre or
pre-school operator has failed to renew his licence by the 31st day
of March, in any year, that day-care centre or pre-school operator shall be deemed
not registered for the purposes of this Act until such time as he has complied
with subsection (1). |
12. The Council shall keep a
register of all day-care centres, pre-schools and the operators of such
day-care centres and pre-schools and shall cause to be entered therein from
time to time, in respect of every day-care centre, pre-school and operator
registered in accordance with the provisions of this Act, the particulars
specified in this Act for registration. | Register of day-care centres and
pre-schools to be kept. |
13. A person who operates a
day-care centre or a pre-school shall keep proper records showing the business
conducted by him in respect of that day-care centre or pre-school and shall
keep such other records as may be prescribed by the Minister. | Records of day-care centres and
pre-schools to be kept. |
14.(1) The Council shall cause the
register under section 12 to be published in the Gazette as soon as practicable
after the expiration of thirty days after the commencement of this Act and
thereafter in each year as soon as practicable after the thirty-first day of
January, and the thirty-first day of July, respectively. | Publication of day-care centres and
pre-schools. |
(2) In each year after the
register is published under subsection (1) the Council shall cause to be
published in the Gazette as aforesaid a corrected edition of the register or a
list with additions made to the register since it was last published. |
(3) The Council shall keep the
register open at all reasonable times for inspection by members of the public. |
15. Where the Council considers
that a person registered under this Act failed or is failing to operate a
day-care centre or pre-school in accordance with the licence or this Act, the
Council may give written notice to the person registered specifying in what
respect, in the opinion of the Council, the person registered failed or is
failing to comply with the requirements of the licence or the Act. | Notice of failure to comply with
Act. |
16.(1) The Council may at any time, by
order suspend or revoke as the case may be, the certificate of registration of
a day-care centre or pre-school - | Suspension and revocation of certificate
of registration. |
(a) if the respective holder of the
certificate of registration - |
(i) has been convicted of an
offence under this Act; or |
(ii) wilfully neglects or refuses to
comply with any of the provisions of this Act; or |
(iii) obstructs, impedes or hinders any
person carrying out any duties or responsibilities under this Act; or |
(iv) is convicted of a criminal
offence; or |
(v) is found not to be of good
character; |
(b) if in the opinion of the Council,
the day-care centre or pre-school building is unsafe or is kept in an
unsanitary condition or without proper fire protection; or |
(c) if the business of the day-care
centre or pre-school is conducted in a manner contrary to this Act, or in such
a manner that the revocation of the certificate of registration is required in
the interest of the public health or the public interest. |
(2) Before making an order under
subsection (1), the Council shall give to the person registered not less than
fourteen days notice of the Council's intention to make an order, and that
notice shall state the grounds on which the order is to be made and shall
contain a statement that, if within fourteen days after receipt of the notice,
the person registered informs the Council in writing that he desires to do so,
the Council will before making the order, give the person registered an
opportunity to show cause, in person or by a representative why the order
should not be made. |
(3) If the Council after giving
the person registered an opportunity to be heard by it, decides to suspend or
revoke the licence, the Council shall make an order to that effect and shall
send a copy of the order to the person registered. |
17.(1) A person aggrieved by any
decision of the Council in refusing an application for registration or renewal
of registration or suspending or revoking registration may, within fourteen
days after the date on which the notice of such decision was received by him,
appeal against such decision to the Appeal Tribunal appointed by the Minister
in accordance with the provisions of the Second Schedule. | Appeal. |
(2) An appeal under subsection (1)
to the Appeal Tribunal shall not operate as a stay of the decision of the
Council. | Second Schedule. |
18.(1) Notwithstanding sections 15 and
16 the Minister acting on the advice of the Council that a day-care centre or
pre-school is operating in a manner that is detrimental to the public health,
public safety or in the public interest, or in a manner likely to endanger the
lives or health of children, may by order published in the Gazette suspend with
immediate effect the operation of that day-care centre or pre-school. | Power of Minister to suspend
operations. |
(2) The Minister shall within
seventy-two hours after suspending the operation of the day-care centre or
pre-school, inform the operator of the day-care centre or pre-school, of any
conditions that must be complied with prior to the lifting of any order made
under subsection (1). |
(3) A person who fails to comply
with an order made pursuant to subsection (1) is guilty of an offence and is
liable on summary conviction to a penalty of ten thousand dollars or to imprisonment
for three years or to both penalty and imprisonment. |
(4) A person aggrieved by a
decision of the Minister made under subsection (1), may appeal to the Appeal
Tribunal, but such appeal shall not operate as a stay of the decision of the
Minister. |
19. All fees collected by the
Council under this Act shall be paid into the Consolidated Fund. | Fees. |
20.(1) No person shall employ another
person as a care giver in a day-care centre or pre-school unless that person is
- | Employees of day-care centres and
pre-schools. |
(a) certified annually by a medical
officer to be in good health, free from communicable diseases; and |
(b) capable of reading and writing
English. |
(2) No person shall employ another
person in a day-care centre or a pre-school for the purpose of caring for the
children therein unless such person has received training in early childhood
care and education prescribed by the Minister. |
21. An operator of a day-care
centre or pre-school who employs therein a person who has not been certified by
a medical officer to be in good health or who has not been trained in early
childhood care and education commits an offence and is liable upon summary
conviction to a penalty of five thousand dollars and where the offence is
continued after conviction the person commits a further offence and is liable
to a further penalty of one hundred dollars for every day upon which such
offence so continues. | Penalty for employing persons not
certified by medical officer. |
22.(1) The Minister may assign such
officers as he thinks necessary to be inspectors of day-care centres and
pre-schools for the purposes of investigating complaints concerning the
operation of a day-care centre or pre-school and otherwise securing the proper
observance of the provisions of this Act. | Assignment of officers and powers of
entry and inspection. |
(2) An officer assigned pursuant
to subsection (1) (hereinafter referred to as an "inspector") shall
be furnished with a certificate of assignment and on entering any premises
pursuant to subsection (3) the officer shall, if required to do so, produce the
certificate of registration to the operator or any other person in charge of
the day-care centre or pre-school. |
(3) An inspector may at all
reasonable times enter and inspect any day-care centre or pre-school, or any
premises which he has reasonable cause to believe is so used, for the purposes
of determining whether the day-care centre or pre-school is being operated in
accordance with this Act. |
(4) An inspector may, for the
purposes of subsection (3) - |
(a) require the production of records
or other documents required to be kept pursuant to this Act; |
(b) make copies of such documents or
records. |
23.(1) Every operator and employee of a
day-care centre or pre-school shall cooperate with an inspector executing his
functions pursuant to section 22. | Obligation of staff to cooperate
with inspectors. |
(2) A person who fails to comply
with subsection (1) commits an offence and is liable upon summary conviction to
a penalty of five thousand dollars and in default of payment to imprisonment
for a term of three months and where the offence is continued after conviction
the person commits a further penalty of one hundred dollars for every day upon
which such offence so continues. |
24. A person who obstructs or
impedes an inspector in the execution of his duties under this Act commits an
offence and shall be liable upon summary conviction to a penalty of five
thousand dollars and in default of payment to imprisonment for a term of six
months. | Penalty for obstruction. |
25.(1) The Minister may after
consultation with the Council make regulations generally for giving effect to
the provisions of this Act. | Regulations. |
(2) Without prejudice to the
generality of subsection (1), the Minister may make regulations - |
(a) prescribing entries to be made in
the records kept pursuant to section 13; |
(b) prescribing the physical
conditions of a day-care centre or pre-school; |
(c) prescribing standards with regard
to safety, sanitation and such other matters as the Minister considers
necessary for the efficient operation of a day-care centre or pre-school; |
(d) regulating the fees to be charged
by a day-care centre or pre-school for its services; |
(e) prescribing the forms of
application, registration, reports and documents to be used under this
Act; |
(f) regulating the manner in which
and the conditions subject to which the services of a day-care centre or
pre-school shall be performed; |
(g) prescribing the hours during which
the day-care centre or pre-school may remain open; |
(h) prescribing guidelines for the
nutrition programmes to be implemented by day-care centres or
pre-schools; |
(i) regulating the manner in which a
child may be disciplined in a day-care centre or pre-school; |
(j) prescribing any other matter or
anything which may be or is required by this Act to be prescribed. |
26. A person who contravenes or
fails to comply with any of the provisions of this Act, for which no penalty is
expressly provided by this Act commits an offence and is liable upon summary
conviction to a penalty of one thousand dollars and in default of payment to
imprisonment for a term of thirty days. | Penalty where no express penalty. |
27.(1) A person who, on the date of
commencement of this Act, is the owner or operator of a day-care centre or
pre-school shall apply in the prescribed manner within nine months after that
date - | Registration of existing day-care
centres or pre-schools. |
(a) to be registered as an operator
of a day-care centre or pre-school; and |
(b) to have that day-care or
pre-school registered pursuant to this Act. |
(2) Every application under this
section shall be made in writing and shall include the following particulars - |
(a) the name of the owner of the
day-care centre or pre-school to which the application relates; |
(b) the address and location of the
day-care centre or pre-school; |
(c) the name of the person having
control of or in charge of the day-care centre or pre-school if different from
the owner; |
(d) the number of employees employed
in the day-care centre or pre-school as at the date of the application;
and |
(e) the type of training received in
the care and education of children by the owner and employees who care for the
children. |
(3) Where an application is made pursuant
to subsection (1), the operation of the day-care centre or pre-school to which
it relates may be continued pending the determination of the application. |
(4) The Council shall within
ninety days after the receipt of an application made pursuant to subsection
(1), make a determination in respect of that application and if the applicant
is qualified for registration under section 9, such applicant shall be duly
registered. |
(5) Where it appears to the
Council that an applicant for registration is not qualified under section 9,
the Council may, upon payment of the prescribed fee issue to that person a
provisional licence subject to such conditions as the Council may determine
which shall entitle him to operate a day-care centre or pre-school as he would
have been entitled to do if he had been registered and licensed in accordance
with the Act. |
(6) A provisional licence shall,
unless it is sooner canceled, remain in force for a period, not exceeding two
years. |
(7) The Minister shall cancel a
provisional licence at any time on the direction of the Council. |
28. This Act binds the Crown. | The Crown. |
29. Nothing in this Act shall
derogate from any provisions of the Health Services Act, the Town Planning Act
and the Building Code published by the Minister responsible for Buildings
Regulation. | Non-derogation of certain Acts. Ch. 216. Ch. 236. |
(Section 3) |
FIRST SCHEDULE |
CONSTITUTION AND PROCEDURE OF THE
COUNCIL |
1. The Council shall consist of
nine members including - | Constitution and procedure of the
Council. |
(a) the Director of Education, ex
officio; |
(b) the Director of Public Works or a
representative of the Minister responsible for Public Works; |
(c) the Director of Environmental
Health or a representative of the Minister responsible for Environmental
Health; |
(d) the Chief Medical Officer; |
(e) the Director of Social Services
or a representative of the Minister responsible for Social Services; |
(f) three persons appointed by the
Minister acting in accordance with the advice of the Associations representing
day-care centres and pre-schools; and |
(g) one member of the public appointed
by the Minister. |
2.(1) A member of the Council other
than the Director of Education shall, subject to the provisions of this
Schedule, hold office for a period not exceeding three years, and shall be
eligible for re-appointment. | Tenure of office. |
(2) Notwithstanding subparagraph
(1) of this paragraph, no member of the Council other than the Director of
Education shall hold office for more than two consecutive terms, but such
member is eligible for re-appointment after the expiration of one year
thereafter. |
3.(1) The Minister shall appoint one
of the members from sub-paragraph (f) of paragraph 1 to be chairman for a term
not exceeding two years. | Chairman. |
(2) The Council shall elect from
among its members a deputy chairman for a term not exceeding two years and such
person shall be eligible for re-election. |
(3) The chairman shall preside at
all meetings of the Council at which he is present and in his absence the
deputy chairman shall preside. |
4. Any member of the Council may
at any time resign his office by instrument in writing addressed to the
Minister, and from the receipt by the Minister of such instrument such member
shall cease to be a member of the Council. | Resignation. |
5.(1) The Minister may at any time
revoke the appointment of any member of the Council, except the Director of
Education. | Dismissal. |
(2) Prior to the revocation of the
appointment of a member appointed under subparagraph (f) of paragraph 1 of this
Schedule, the Minister shall consult the Association about the revocation. |
6.(1) If any vacancy occurs in the
membership of the Council, such vacancy, shall be filled by the appointment of
another member who shall, subject to the provision of this Schedule, hold
office for the remainder of the period for which the previous member was
appointed, so, however, that such appointment shall be made in the same manner
and from the same category of persons, if any, as the appointment of the
previous member. | Vacancies and acting appointments. |
(2) If the Minister is satisfied
that the chairman or any other member of the Council is unable to act, the
Minister shall appoint any person to act in place of that member, so, however,
that such appointment shall be made in the same manner and from the same
category of persons, if any, as the member replaced. |
7. The names of all members of
the Council as first constituted and every change in the membership thereof
shall be published in the Gazette. | Gazetting of appointments. |
8.(1) The seal of the Council shall
be kept in the custody of the chairman or the registrar and shall be affixed to
instruments pursuant to a resolution of the Council in the presence of the
chairman or any other member of the Council and the Registrar. | Seals, etc. |
(2) The seal of the Council shall
be authenticated by the signature of the chairman and any other member
authorised to act in that behalf and the Registrar, and the seal shall be
officially and judicially noticed. |
(3) All documents, other than
those required by law to be under seal, made by, and all decisions of, the
Council may be signified under the hands of the chairman or any other member
authorized to act in that behalf, and the Registrar. |
9.(1) A member who has a direct or
indirect pecuniary interest in a matter being considered or about to be
considered by the Council shall, as soon as possible after the relevant facts
have come to his knowledge, disclose the nature of his interest at a meeting of
the Council. | Interest of member. |
(2) A disclosure under
subparagraph (1) shall be recorded in the minutes of the meeting of the Council
and that member shall not, unless the Council otherwise determines - |
(a) be present during any
deliberation of the Council with respect to that matter; or |
(b) take part in any decision of the
Council with respect to that matter. |
(3) For the purpose of the making
of a determination by the Council under subparagraph (2) in relation to a
member who has made a disclosure under subparagraph (1), a member who has a
direct or indirect pecuniary interest in the matter to which the disclosure
relates shall not - |
(a) be present during any
deliberation of the Council for the purpose of making the determination;
or |
(b) take part in the making by the
Council of the determination. |
10.(1) The Council shall meet as often
as may be necessary or expedient for the transaction of its business, and such
meetings shall be held at such places and times and on such days as the Council
may determine. | Procedures of meetings. |
(2) The chairman may at any time
call a special meeting of the Council and shall call a special meeting within
seven days of the receipt of a written requisition for that purpose addressed
to him by any four members of the Council. |
(3) The chairman shall preside at
all meetings of the Council at which he is present and, in the case of the
chairman's absence from any meeting the deputy chairman shall preside. If both
the chairman and the deputy chairman are absent the members present
constituting a quorum shall elect a chairman from among their number to preside
at that meeting. |
(4) Six members of the Council
shall form a quorum. |
(5) The decisions of the Council
shall be by a majority of votes, and, in addition to an original vote the
chairman or other person presiding at the meeting shall have a casting vote in
any case in which the voting is equal. |
(6) Minutes in proper form of each
meeting shall be kept by the Council. |
(7) Subject to the provisions of
this Schedule the Council may regulate its own proceedings. |
11. No decision or act of the
Council or act done under the authority of the Council shall be invalid by
reason of the fact that - | Validity of decisions of Council. |
(a) the full number of members for
which provision is made in paragraph 1 of this Schedule was not appointed or
there was a vacancy or vacancies amongst such members; or |
(b) a disqualified person acted as a
member of the Council at the time the decision was taken or the act was done or
authorized, |
if the decision was taken or the act was done
or authorized by a majority vote of the persons who at the time were entitled
to act as members. |
12. The Council may appoint from
among its members and the general public such committees as it may think fit
and may delegate to any such committee the power and authority to carry out on
its behalf such duties as the Council may determine. | Committees. |
13.(1) No member of the Council shall
be personally liable for any act or default of the Council done or omitted to
be done in good faith in the course of the operations of the Council. | Protection of members. |
(2) Where any member of the
Council is exempt from liability by reason only of the provisions of this
paragraph, the Council shall be liable to the extent that it would be if the
member was a servant or agent of the Council. |
(section 17) |
SECOND SCHEDULE |
The Appeal Tribunal |
1. The Appeal Tribunal shall,
subject to paragraph 2, consist of three members appointed by the Minister, one
of whom shall be the Chairman. | Constitution of Tribunal. |
2. For the hearing of any appeal
under this Act the Appeal Tribunal may consist of one member sitting alone if
the parties to the appeal agree. | Power of one member to sit alone. |
3. The members of the Appeal
Tribunal shall, subject to the provisions of this Schedule hold office for such
period not exceeding two years as the Minister may determine and shall be
eligible for re-appointment. | Tenure of office. |
4. The Minister may appoint any
person to act in the place of the Chairman or any other member of the Appeal
Tribunal in case of the absence or inability to act of the Chairman or any
other member. | Acting appointment of Chairman. |
5.(1) Any member of the appeal
Tribunal other than the Chairman may at any time resign his office by
instrument in writing addressed to the Minister and transmitted through the
Chairman and from the date of the receipt by the Minister of such instrument,
that member shall cease to be a member of the Appeal Tribunal. | Resignation. |
(2) The Chairman may at any time
resign his office by instrument in writing addressed to the Minister and such
resignation shall take effect as from the date of receipt by the Minister of
that instrument. |
6. The Minister may at any time
revoke the appointment of any member of the Appeal Tribunal if he thinks it
expedient so to do. | Revocation of appointment. |
7. If any vacancy occurs in the
membership of the Appeal Tribunal such vacancy shall be filled by the
appointment of another member. | Filling of vacancies. |
8. The names of all members of
the Appeal Tribunal as first constituted and every change in the membership
thereof shall be published in the Gazette. | Publication of member-ship |
9. There shall be paid to the
Chairman and other members of the Appeal Tribunal, in respect of each appeal,
such remuneration, whether by way of honorarium, salary or fees and such
allowances as the Minister may determine. | Remuneration. |
10. The decision of the Appeal
Tribunal shall be by a majority of votes of the members and in addition to an
original vote, the Chairman shall have a casting vote in any case in which the
voting is equal. | Voting. |
11. Subject to the provisions of
this Schedule, the Appeal Tribunal shall regulate its own proceedings. | Power to regulate proceedings. |
12. The office of Chairman or
member of the Appeal Tribunal shall not be a public office for the purpose of
Article 137 of the Constitution of The Bahamas. | Office of Chairman or member of
Tribunal not a public office. |