ARRANGEMENT OF SECTIONS

SECTION

PART I
CONSTITUTION, COMPOSITION AND FUNCTIONS OF THE AUTHORITY

PART II
FINANCIAL PROVISIONS

PART III
TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

PART IV
OFFICERS AND EMPLOYEES OF THE AUTHORITY

SCHEDULE - Provisions Relating to the Incorporation and other related matters of The Bahamas Maritime Authority.

CHAPTER 283

THE BAHAMAS MARITIME AUTHORITY

[Assent 21st June, 1995]
[Commencement 22nd June, 1995]

"Authority" means The Bahamas Maritime Authority established by section 3;

"Director" means the Director of Maritime Affairs appointed under section 4 and referred to in the Merchant Shipping Act and the Merchant Shipping (Oil Pollution) Act;

"financial year" means the period of twelve months ending on the thirtieth day of June in any year:

Provided that the first financial year shall consist of the period commencing on the date of the establishment of the Authority and ending an the thirtieth day of June of the following year;

"Minister" means the Minister responsible for Maritime Affairs;

"officer" and "employee" in relation to the Authority includes a public officer transferred to the Authority.

(2) The provisions of the Schedule shall have effect with respect to the constitution of the Authority

(2) The Authority shall also appoint and employ at such remuneration and on such terms and conditions as it thinks fit Deputy Directors whose responsibilities shall include licensing and inspection, investigations, maritime affairs administration and registration.

(3) The Director and Deputy Directors shall be employees of the Authority.

(2) Funds and revenues of the Authority shall be applied in the discharge of all expenditure properly incurred in the carrying out of the functions mentioned in paragraphs (a) to (h) of section 5, in the repayment of any sums borrowed under section 9 and for disbursements towards the remuneration and allowances to the officers, employees and members of the Authority.

(2) Subject to subsection (3), the Minister of Finance may at the request of the Minister guarantee. in any such manner and on any conditions as he thinks fit, the repayment of the principal of, and the payment of interest and other charges on, any authorized borrowings of the Authority made under section 9.

(3) No guarantees shall be given under this section unless prior approval thereof has been signified by the House of Assembly in accordance with section 17 of the Financial Administration and Audit Act.

(4) Where any sum is paid pursuant to a guarantee given under this section, the Minister of Finance shall as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before the House of Assembly a statement relating to that sum.

(5) Any sums required by the Minister of Finance for making, advancing and discharging any guarantees under this section shall be charged on and issued out of the Consolidated Fund.

(2) The accounts of the Authority for each financial year shall be audited by an auditor appointed by the Minister.

(3) Three months after the end of each financial year the Authority shall submit a copy of the audited accounts to the Minister together with a copy of any report made by the auditor.

(4) The Minister shall lay a copy of such audited accounts before each House of Parliament, together with a copy of any report made by the auditor on the accounts.

(2) The Minister shall cause a copy of every such report to be laid on the table of both Houses of Parliament.

(2) The transfer and vesting aforesaid shall extend to the whole of such movable property and undertakings and shall include assets, powers, rights, and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertaining thereto, as well as all obligations affecting or relating to any of the aforesaid movable property or undertakings or other things included therein as aforesaid.

(2) Where immediately before the coming into force of this Act, any legal proceedings are pending to which the Government is or is entitled to be a party, and such proceedings are related to any of the movable properties or undertakings, or any right or liability transferred by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government or shall be made a party thereto in like manner as the Government could have become, and such proceedings shall not abate by reason of the substitution.

(3) Any reference in any other law to the Director of Maritime Affairs shall in each case be read and construed as a reference to the Director of Maritime Affairs appointed under this Act.

(2) Nothing in this subsection shall be deemed to preclude an officer, deemed to be transferred to the service of the Authority under this subsection, from applying at any time during such period as aforesaid, for a transfer to a Government Department in accordance with the terms and conditions of service attached to the appointment held by such officer at the commencement of this Act and, on such application being made, the same consideration shall be given thereto as if the applicant had continued to be in the service of the Government.

(3) During such period as aforesaid every such officer shall be so employed by the Authority that his remuneration and conditions of service are not less favourable than those which are attached to the appointment under the Government held by such officer at the commencement of this Act or which would have become attached to such appointment, during such period as aforesaid, had such officer continued in the service of the Government, but, for the purposes of the pension and gratuity, such period of service with the Authority shall be deemed to be service with the Government; the Authority shall pay to the Government such contributions in respect of the cost of pensions earned by such officers during such period as aforesaid as may be determined by the Treasurer.

(2) Every public officer who accepts permanent employment with the Authority offered to him under this section shall, for all purposes be deemed to have ceased to be in the service of the Government and to have entered into service with the Authority on the date of his acceptance.

PROVISION RELATING TO THE INCORPORATION AND
OTHER RELATED MATTERS OF THE BAHAMAS
MARITIME AUTHORITY

(2) The Authority may sue and be sued in its corporate name and may for all purposes be described by such name, and service upon the Authority of any document of whatsoever kind must be made by delivering the document to or sending it by prepaid registered post addressed to the Secretary of the Authority at the office of the Authority.

(2) The seal of the Authority must be authenticated by the signature of the Chairman and one other member, 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 Authority may be signified under the hand of the Chairman or a member of the Authority designated by the Chairman.

(2) The Chairman, or in his absence the Deputy Chairman, shall preside at all meetings of the Authority.

(3) The Chairman, or in his absence the Deputy Chairman, and three other members of the Authority shall form a quorum.

(4) The decisions of the Authority are by a majority of votes and in addition to an original vote, in any case in which the voting is equal, the Chairman or the Deputy Chairman presiding at the meeting has a casting vote.

(5) Minutes of each meeting in proper form are to be kept by the secretary or any officer the Authority may appoint for that purpose, and confirmed by the Authority at the next meeting and signed by the Chairman or a member of the Authority designated by the Chairman as the case may be.

(6) The Authority may co-opt any one or more persons to attend any particular meeting of the Authority for the purpose of assisting or advising the Authority in any matter with which the Authority is dealing, but no co-opted person has the right to vote.

(7) Provided a quorum is present, the validity of any proceeding of the Authority shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof.

(2) Any pension payable to any such person as is mentioned in subsection (1) by the Authority to whose service he has been transferred shall be calculated and granted to him in respect of his total service under the Government and with the Authority taken together and such service shall be reckoned as continuous for pension purposes.

(3) There shall be payable out of the Consolidated Fund upon the warrant of the Minister of Finance to the Authority a contribution to every pension paid in accordance with subsection (2), such amounts as would have been payable to the person concerned by way of pension under the Pensions Act, if such person had retired from the public service and if he has been granted a pension under the Pensions Act upon the date of his ceasing to be a public officer.

(2) For the purposes of subparagraph (1) reference to the service of an officer, servant or agent of the Authority includes any continuous period of service of that officer, servant or agent with an approved authority or the public service immediately prior to his service with the Authority.

(3) In this paragraph the expression "approved authority" has the, meaning assigned to it in the Pensions Act.

(4) The pensions, gratuities or other like allowances which are payable under subparagraph (1) shall be charged on and paid out of the Consolidated Fund.