Accreditation Act 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-4.pdf

The Accreditation Act 2006.pmd
ANTIGUA

AND

BARBUDA

The Accreditation Act, 2006.No. 4 of 2006. 1

Interpretation.

ANTIGUA AND BARBUDA

No. 4 of 2006

AN ACT to provide for the National Accreditation Board, to

vest in that Board the power to accredit post secondary insti-

tutions and programmes of study in Antigua and Barbuda

and elsewhere, to provide for the process and mechanism of

accrediting institutions and programmes of study and to pro-

vide for other related matters.

[ Published in the Official Gazette Vol. XXV
No. 37 dated 6th July, 2006 ]

BE IT ENACTED by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the House of

Representativces and the Senate of Antigua and Barbuda, and

by the authority of the same, as follows—

PART 1

PRELIMINARY

1. (1) This Act may be cited as the Accreditation Act 2006.

(2) This Act shall come into operation on a day to be fixed by

the Minister by Order published in the Gazette.

2. In this Act—

“accredit” means the according of recognition by the Board

on the basis of an informed evaluation, that the programmes

Short title and

commencement.

[ L.S. ]

I Assent,

James B. Carlisle,

Governor-General.

26th June, 2006.

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The Accreditation Act, 2006. No. 4 of 2006.2

of study offered by an institution and any award it con-

fers satisfy standards prescribed or approved by the

Board;

“accreditation” means a determination by the Board that

an institution or a programme of study meets the prescribed

standard stipulated by the Board;

“accredited certified institution” means an institution

which has been accredited by the Board and has been

issued a certificate of accreditation pursuant to section

20;

“Board” means the Accreditation Board established

pursuant to section 3;

“course” means a defined body of knowledge, skills and

attitudes designed to be inculcated over a specified period

and to which one or more credits may be awarded;

“credit” means a unit of academic measurement for a

prescribed course or set of courses for which a particular

qualification is awarded;

“equivalency” means a determination by the Board that a

particular programme of study has attained a comparable

recognised standard;

“higher education” means the teaching and learning

process that occurs following completion of secondary

schooling or its equivalent and which leads to the award

of a sub-baccalaureate qualification, baccalaureate degree

and post graduate degrees;

“institution” means an educational entity with a defined

structure providing for the administration, governance,

delivery and certification of a range of programmes leading

to the granting of awards or credits;

“Minister” means the Minister responsible for education;

“programme of study” means an approved curriculum

comprising a series of courses in an academic or vocational

speciality leading to an award;

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The Accreditation Act, 2006.No. 4 of 2006. 3

“provider” means a person or body offering one or more

programmes or courses leading to an award or credit;

“standard” means a defined level of achievement employed

as a measurement of the quality of education;

“validate” means to determine after assessment whether a

new course leading to an award satisfies the recognised

standards for that award and “validation” shall be

construed accordingly.

PART 2

ESTABLISHMENT AND FUNCTIONS OF

ACCREDITATION BOARD

3. (1) There is hereby established a Board to be known as the

National Accreditation Board.

(2) The Board shall be a body corporate with perpetual suc-

cession and a common seal and shall be capable of—

(a) acquiring, holding and disposing of real and per-

sonal property;

(b) suing and being sued; and

(c) doing and suffering such acts and things as bodies

corporate may lawfully do and suffer.

4. (1) The Board shall consist of the following persons—

(a) the Chief Education Officer;

(b) a representative from the Antigua and Barbuda

Trade Union Congress;

(c) the Chief Establishment Officer;

(d) a representative from the Chamber of Industry and

Commerce;

(e) a legal officer from the Attorney General’s Cham-

bers;

Establishment of

Board.

Composition of

Board.

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The Accreditation Act, 2006. No. 4 of 2006.4

(f) a representative from the Public Tertiary Institutions;

(g) a representative from the department of Economic
Planning;

(2) A member of the Board shall be appointed by the Minister
by instrument published in the Gazette and shall hold office for
such period as the Minister may direct and such member shall
be eligible for reappointment.

(3) A member of the Board shall be paid such remuneration
and expenses as the Minister may determine.

5. (1) The Board shall meet at such times as may be necessary
or expedient for the transaction of its business, and such meet-
ings shall be held at such place and such times and days as may
be determined by the Board.

(2) At the first meeting of the Board, the members of the
Board may appoint a Chairperson and a Deputy Chairperson
from amongst its members.

(3) At a meeting of the Board—

(a) the Chairperson shall preside;

(b) if the Chairperson is not present the Deputy Chair-
person shall preside;

(c) if neither the Chairperson nor the Deputy Chairper-
son is present, the members present shall choose
one of their number to preside.

(4) The Chairperson of the Board may at any time call a special
meeting of the Board to be held within seven days of a written
request for that purpose addressed to the Chairperson by any
other member of the Board.

(5) Subject to the provisions of this Act, the Board may regu-
late its own proceedings.

(6) The validity of any proceedings of the Board shall not be
affected by any vacancy amongst the members of the Board or
by any defect in the appointment of any member of the Board.

6. (1) A meeting of the Board is duly constituted for all pur-
poses if at the commencement of the meeting there is a quorum
of not less than four members of the Board participating in the
meeting.

Meetings of the

Board.

Quorum.

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The Accreditation Act, 2006.No. 4 of 2006. 5

(2) At any meeting dealing with the determination of accredi-

tation where appointed members of the Board are from the field

of accreditation, at least one member of the Board must be from

the field of the accreditation.

7. (1) Decisions of the Board shall be taken by a majority of

the votes of members present and voting at the meeting.

(2) The Chairperson shall have the right to vote and in cases

of equal division the Chairperson shall have the casting vote.

8. The Board may co-opt any person including a represen-

tative from any professional body nominated by that profes-

sional association when matters touching and concerning

that particular profession are to be discussed to attend any

particular meeting of the Board at which it is proposed to deal

with a particular matter, for the purpose of assisting or advis-

ing the Board, but no such co-opted person shall have the

right to vote.

9. (1) A member of the Board shall at all times preserve and aid

in preserving confidentiality with regard to all matters coming to

his or her knowledge in the performance of his or her duty pur-

suant to the provisions of this Act.

(2) Except with the written consent of the Board or for the

performance of his or her duties or pursuant to a legal obliga-

tion, a member, officer or employee of the Board shall not com-

municate any confidential matter to any person nor permit any

person to have access to any records in the possession, cus-

tody or control of the Board.

(3) Every member, officer and employee of the Board shall be

required to take the oath of secrecy specified in the First Sched-

ule.

10. No action or other proceeding shall lie against any

member, officer or employee of the Board for or in respect of

an act done or omitted to be done in good faith in the exercise

or purported exercise of his or her functions pursuant to the

Act.

11. (1) The Board shall appoint a person to be Secretary to

the Board.

Voting.

Additional

person to attend

meetings.

Oath of secrecy.

Protection from

liability.

Appointment of

Secretary of the

Board.

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The Accreditation Act, 2006. No. 4 of 2006.6

(2) The Secretary shall be responsible for the taking and keep-

ing of minutes of the Board and for keeping custody of the Seal

of the Board.

12. (1) The Board shall have and use as occasion may require

a Seal having a device or impression with the inscription “Na-

tional Accreditation Board”.

(2) The Seal of the Board shall be affixed to all documents

pursuant to a resolution of the Board in the presence of the

Chairperson and any other member of the Board.

(3) The Seal shall be authenticated by the signatures of

the Chairperson or any other member authorised to act in his

behalf.

13. (1) There shall be an Executive Director of the Board who

shall be appointed by the Board upon consultation with the

Minister and he or she shall be an ex officio member of the
Board.

(2) The Executive Director shall be paid such remuneration as

the Board may determine and his or her appointment shall be on

such terms as the Board may determine.

(3) Subject to subsection (4), the Board shall appoint such

other officers and employees as the Board may deem necessary

and at such remuneration and on such terms as the Board may

determine.

(4) No salary exceeding forty thousand dollars per annum

shall be assigned to any post and no appointment shall be made

to any post to which a salary exceeding forty thousand dollars

per annum is assigned, without the prior consent and approval

of the Minister.

(5) Notwithstanding subsection (4) a person may be ap-

pointed by transfer or secondment from the Civil Service and

in such cases shall maintain all salary, pension and other

rights.

14. (1) The functions of the Board are as follows—

(a) to consider applications for accreditation submitted
to the Board pursuant to the provisions of section

15;

Seal of the

Board.

Appointment of

staff of the

Board.

Functions of the

Board.

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The Accreditation Act, 2006.No. 4 of 2006. 7

(b) to accredit and re-accredit institutions operating in

Antigua and Barbuda and the programmes of study

offered;

(c) to register institutions within and outside Antigua

and Barbuda which offer programmes of study in

Antigua and Barbuda;

(d) to maintain a record of the institutions that are reg-

istered and accredited by the Board;

(e) to ensure that the quality of all higher education

programmes offered in Antigua and Barbuda meets

the standards set by the Board for any award;

(f) to ensure the maintenance of the appropriate stan-

dards, whether set by the Board or by any other

accreditation body having jurisdiction to set stan-

dards to be followed by the Board;

(g) to provide for the validation and recognition of new

programmes of study offered by institutions oper-

ating in Antigua and Barbuda;

(h) to advise on the recognition of foreign-based insti-

tutions and the awards which they offer;

(i) to determine equivalency of programmes of study

and qualifications in accordance with the frame-

work established by the relevant accreditation

body;

(j) to develop and maintain a unified system of credits

for institutions;

( k ) to accept credits granted by other recognised

bodies;

(l) to establish relationships with national and external

accrediting and quality assurance bodies and keep

under review their systems of accreditation, proce-

dures and practices;

(m) to provide advice on accreditation and related matters;

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The Accreditation Act, 2006. No. 4 of 2006.8

(n) to seek to enhance the quality of higher education

and training in Antigua and Barbuda and to dis-

seminate good practices by conducting research and

training;

(o) to promote a quality assurance ethos and a

programme of accreditation and registration in

Antigua and Barbuda;

(p) to protect the interests of students;

(q) to provide the public with information on the qual-

ity and recognition of programmes of study and in-

stitutions in order to protect the public interest;

(r) to undertake audits, reviews and evaluations inde-

pendently or in co-operation with other bodies as

the Board may consider necessary for the discharge

of its functions;

(s) to establish the requirements and regulations with

which an institution must comply in order to be reg-

istered with, have their programmes of study ac-

credited, re-accredited or validated; or have their

awards recognised by the Board;

(t) to advise the Minister on the issuance of charters,

licences or other authorisations to institutions to

operate or to continue their operations or to alter

their existing operations on the basis of an appro-

priate evaluation;

(u) to accept courses or programmes of study success-

fully completed by students in partial fulfilment of

programmes and examinations recognised by the

Board;

(v) to fix and collect fees in connection with the exer-

cise of its functions;

(w) to revoke a certificate of accreditation granted to, or

conferred on any institution or provider if the Board

considers that there is good and sufficient cause to

do so;

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The Accreditation Act, 2006.No. 4 of 2006. 9

(x) to deprive persons of awards or distinctions granted

to or conferred on them by the Board if the Board

considers that there is good and sufficient cause to

do so; and

(y) to do or cause to be done such other things as the

Board considers expedient or necessary for the per-

formance of its functions pursuant to the provisions

of this Act.

(2) The Board shall—

(a) examine and verify certificates of recognition of

Community nationals seeking to engage employ-

ment in Antigua and Barbuda pursuant to Article 46

of the Treaty;

(b) grant certificates of recognition in accordance with

the provisions of the Caribbean Community Skilled

Nationals Act, 1997.

(3) For the purposes of this section;

“Community national” means a national of a country

listed in Schedule 1 of the Caribbean Community Skilled

Nationals Act, 1997 and

“Treaty” means the Revised Treaty of Chaguaramas es-

tablishing the Caribbean Community including the

CARICOM Single Market and Economy signed at Nassau,

the Bahamas, on 5 July 2001.

(4) Notwithstanding the provisions of any other law, the

Board shall be the principal body in Antigua and Barbuda for

conducting and advising on the accreditation and recognition

of institutions, programmes of study and awards, whether for-

eign or national.

PART 3

ACCREDITATION OF INSTITUTIONS AND

PROGRAMMES OF STUDY

15. (1) A person who wishes to be accredited pursuant to the

provisions of this Act shall make an application to the Board

pursuant to subsection (2).

Application for

accreditation.

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The Accreditation Act, 2006. No. 4 of 2006.10

(2) The application shall—

(a) be made to the Board;

(b) be in writing in the prescribed form; and

(c) be accompanied by the prescribed fee.

(3) Upon receipt of the application, the Board shall consider

whether the applicant complies with or meets the relevant

requirements which may be prescribed or stated pursuant to the

provisions of this Act.

(4) The Board shall not in consideration of an application be

restricted to the information contained in the application.

16. (1) The Board may, by giving notice to the applicant,

require the applicant to provide to the Board within a reason-

able time of at least fourteen days as stated in the notice,

further information which the Board may reasonably require

to make its recommendation to the Minister on the applica-

tion.

(2) The applicant is taken to have withdrawn the application

if within the time stipulated in the notice the applicant does not

comply with the requirement unless an extension has been re-

quested and granted.

17. In addition to the matters to be considered by the Board

pursuant to section 15 (3) the Board may in considering an ap-

plication for accreditation take into account the following addi-

tional matters:

(a) the mission of the institution or programme of study

and any specialized programme which the institu-

tion intends to offer or offers;

(b) the goals and objectives of the institution or

programme of study;

(c) the conditions under which the goals or objectives

are to be achieved;

Request for

further

information to

support

application.

Additional

matters to be

considered by the

Board.

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The Accreditation Act, 2006.No. 4 of 2006. 11

(d) the expected standards and how these standards

are to be maintained;

(e) the list of programmes of study or courses to be

offered and the policy regarding course credits;

(f) any links with other accredited institutions;

(g) a student registry, and the admissions policy;

(h) the maintenance of student records;

(i) the availability of student counselling services

and procedure for monitoring student perfor-

mance;

(j) in the case of recruitment of students into an insti-

tution:

(i) the recruitment procedures;

(ii) the curriculum vitae of staff;

(iii) the general productivity measures relating to

staff performance;

(k) examination regulations and procedures with par-

ticular emphasis on:

(i) how written exams are set, marked, and how

student appeals are conducted;

(ii) how oral exams such as research proposals

are conducted;

(iii) the grading systems as a basis of evaluating

student performance;

(l) the procedure for selecting external examiners and

how such examiners function;

(m) the availability of library and research facilities with

particular emphasis on:

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The Accreditation Act, 2006. No. 4 of 2006.12

(i) the adequacy of such facilities;

(ii) their linkages with other libraries and other

institutions in the Caribbean and outside the

Caribbean;

(n) the proposed physical location of the institution

with particular emphasis on:

(i) projections regarding student enrolment and

staff size;

(ii) provisions for classrooms, laboratories, and

offices;

(o) proposals regarding the financing and management

of the institution with particular emphasis on:

(i) the charter of the institution;

(ii) the governing body of the institution; and

(iii) costs and efficiency of the institution;

(p) any benefits which may accrue to the local economy.

18. (1) Upon completion of its consideration of the applica-

tion, the Board shall—

(a) submit to the Minister a written report on the appli-

cation; and

(b) submit to the applicant a copy of the report.

(2) The report shall contain the recommendation of the Board

as to whether the Minister may grant or refuse the application

for accreditation and if the Board recommends that accreditation

be granted it may specify conditions which the Minister may

impose upon the granting of such accreditation.

(3) For the purposes of this section—

“recommendation” includes reasons for a decision taken

by the Board.

Report to the

Minister with

respect to

application.

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The Accreditation Act, 2006.No. 4 of 2006. 13

19. (1) The Minister shall in accordance with the recommen-

dation made by the Board pursuant to section 18, grant or

refuse the application for accreditation.

(2) If the Minister grants the application, the Minister shall as

soon as practicable provide the Board and the applicant with

notice in writing of the decision.

(3) If the Minister refuses the application, the Minister shall

as soon as practicable provide the Board and the applicant with

notice in writing of the decision.

(4) If the Minister fails to decide the application within six

months after receipt, the Minister is taken to have decided to

refuse to grant the application.

20. (1) Where the Minister approves the application pursu-

ant to section 19, the Board shall forthwith grant to the applicant

a certificate of accreditation as may be prescribed.

(2) The certificate of accreditation shall state the period of

validity of accreditation and shall remain the property of the

Board and shall be returned to the Board upon withdrawal, revo-

cation or expiry.

21. (1) Pursuant to section 19, a person who is aggrieved by

a decision of the Minister shall have a right to have the decision

reviewed if he or she makes an application to the Minister within

30 days after being given notice of the decision that he wants

reviewed.

(2) On receipt of the application, the Minister shall cause an

inquiry to be conducted concerning the matters raised in the

application by such person or persons as the Minister appoints

in writing for that purpose.

(3) An inquiry shall be conducted according to the substan-

tial merits of the case without regard to technicalities.

(4) Pursuant to subsection (2) the person conducting an in-

quiry shall not be bound by any rules of evidence and may

conduct the inquiry and obtain information as he or she consid-

ers appropriate.

Decision on

application.

Issuance of

certificate of

accreditation.

Appeal.

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The Accreditation Act, 2006. No. 4 of 2006.14

(5) On completing the inquiry, the person or persons con-

ducting such inquiry shall report to the Minister stating his or

her findings and recommendations and the Minister shall be

bound by any findings and recommendations made by such

person or persons.

(6) The Minister shall submit in writing to the applicant who

has lodged the appeal, the findings of the inquiry.

(7) The decision of the inquiry shall be final and shall only be

subject to judicial review.

22. A certificate of registration shall be valid for a period not

exceeding three years and may be renewed provided the appli-

cant meets the requirements as provided for in this Act and any

Regulations made pursuant to this Act.

23. (1) An institution or person that has been issued a certifi-

cate of accreditation pursuant to this Act, shall within one month

of the grant of the certificate of accreditation, prepare an opera-

tional plan to be submitted to the Board.

(2) The operational plan shall inform the Board in writing of

any management and organisational changes including the fol-

lowing along with the applicable documents:

(a) the name and address of the institution;

(b) the structure of the organisation;

(c) change of ownership , if any;

(d) changes in any member of staff who could affect the

performance or competence of the institution;

(e) any other documents as may be prescribed.

24. The Board or any person who has been authorised by the

Board, may carry out unscheduled surveillance visits to an in-

stitution that has been accredited at intervals other than those

which may be prescribed.

Validity of

certificate

registration.

Preparation and

submission of

operational plan.

Duty of Board to

carry out

assessments and

surveillance

visits.

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The Accreditation Act, 2006.No. 4 of 2006. 15

25. (1) The Minister shall prescribe a Mark which shall be

called the Antigua and Barbuda Accreditation Mark (hereinafter

referred to as “the Mark”).

(2) A person shall not use the Mark unless he or she has been

issued a certificate of accreditation in accordance with the pro-

visions of this Act and has obtained a licence from the Board to

use the Mark.

(3) A person who has been issued with a certificate of ac-

creditation pursuant to section 20 and who wishes to use the

Mark may make an application to the Board in the prescribed

form.

(4) The Board shall grant a licence to the applicant subject to

the payment of a prescribed fee and the conditions which may

be prescribed and shall provide the applicant with a registration

number to be inserted on the Mark.

(5) The Mark shall not be used by any person on any docu-

ment unless the document relates in whole or in part to activities

which have been accredited by the Board.

(6) The Board may make rules to govern the use of the Mark.

26. All information obtained by the Board or the staff of the

Board in the assessment of an institution shall be confidential

and shall not be, subject to the laws of Antigua and Barbuda,

divulged without the prior written consent of the accredited

certified institution.

PART 4

DUTIES OF ACCREDITED CERTIFIED INSTITUTIONS

27. (1) An accredited certified institution or person shall offer

to all clients a standard of service that is consistent with the

term and conditions listed pursuant to this Part or which may be

prescribed and the criteria of competence to which it has been

accredited.

(2) It shall be a condition of approval that an accredited cer-

tified institution or person offers the Board and its representa-

tives such reasonable access to its premises and co-operation

Establishment of

Accreditation

Mark.

Confidentiality.

Conditions to be

met by

accredited

certified

institutions.

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The Accreditation Act, 2006. No. 4 of 2006.16

as may be deemed necessary, to enable the Board or its repre-

sentatives to monitor compliance with the term and conditions

of this Act or any regulations made pursuant to this Act.

(3) Pursuant to sub section (2), the accredited certified insti-

tution or person shall make available to the Board or its repre-

sentatives, all information and relevant documents.

(4) An accredited certified institution or person shall—

(a) at all times comply with the terms and conditions of

this Part and with the criteria of competence pre-

scribed by the Board;

(b) only claim that it is accredited in respect of those

activities which are approved by the Board and

where the institution wishes to operate outside the

scope of its accreditation, the institution shall pro-

vide on any document or certificate issued in con-

nection with the non-accredited activity, a clear

statement to the effect that the activity is not one

that has been accredited by the Board.

(c) pay promptly such fees for application, assessment

and surveillance and such other services as shall

from time to time be determined by the Board;

(d) not use the certificate of accreditation in such a

manner, make any statement, or take any steps as to

bring the arrangements for accresitation into dis-

pute; and

(e) upon termination or revocation of the term of ac-

creditation, forthwith discontinue its use of refer-

ence to accreditation and withdraw all advertising

matter which contains any reference to accredita-

tion.

(5) An accredited certified institution or person who wishes

to refer to the fact that it has been accredited by the Board in its

documents, brochures or advertising media shall:

(a) in a case in which a standard Mark and a registra-

tion number have been issued by the Board use the

following phrase—

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The Accreditation Act, 2006.No. 4 of 2006. 17

“an accredited certified institution listed under reg-

istration number—”;

(b) in any other case, use the following phrase:

“listed in the Antigua and Barbuda registry of ac-

credited certified institutions.”

PART 5

REVOCATION OF CERTIFICATION OF

ACCREDITATION

28. (1) Subject to section 29, the Board may advise the Minister

to revoke a certificate of accreditation issued pursuant to this

Act, where the Board has reasonable grounds to believe that a

holder of a certificate of accreditation has breached any of the

conditions pursuant to the provisions of this Act or any

Regulations made hereunder.

(2) If the Minister acting on the advice of the Board believes

that a ground exists to revoke a certificate of accreditation, the

Minister shall issue to the holder of the certificate of accredita-

tion a notice stating the following:

(a) the action which the Minister proposes to take pur-

suant to this Part;

(b) the ground for the proposed action;

(c) an outline of the facts and circumstances forming

the basis for the grounds; and

(d) an invitation to the holder of the certificate of ac-

creditation to show within a specified period rea-

sons why the proposed action shall not be taken.

(3) The specified period under subsection (3) shall be a pe-

riod ending at least thirty days after notice pursuant to subsec-

tion (2) is given to the holder of the certificate of accreditation.

29. The holder of a certificate of accreditation may make writ-

ten representation with respect to the notice and the Minister

shall consider all such representations made by him or her.

Grounds for

revocation.

Representations

made by holder

of certificate of

Accreditation.

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The Accreditation Act, 2006. No. 4 of 2006.18

30. (1) If, after considering the representations made pursu-

ant to section 29, the Minister no longer believes that the ground

exists to revoke the certificate of accreditation, the Minister—

(a) shall not take further action with respect to the no-
tice; and

(b) shall, as soon as practicable, give notice to the holder
of the certificate of accreditation that no further ac-

tion will be taken pursuant to the notice.

(2) If after considering the representations made pursuant to

section 29, the Minister believes that the ground exists to re-

voke the certificate of accreditation, the Minister shall revoke

the certificate of accreditation.

(3) If the Minister decides to revoke the certificate of accredi-

tation, he or she shall as soon as practicable, give notice to the

holder of the certificate of accreditation of his or her decision.

(4) The decision of the Minister shall be final and shall only

be subject to judicial review.

PART 6

FINANCIAL AND MISCELLANEOUS PROVISIONS

31. (1) There is hereby established a fund to be known as the

Accreditation Board Fund to be used by the Board as revenue

for the execution of its functions and discharge of its obliga-

tions pursuant to this Act.

(2) The Fund shall consist of —

(a) sums received by the Board in respect of applica-
tion fees and other charges imposed by the Board

pursuant to the provisions of this Act;

(b) sums allocated to the Board by Parliament;

(c) revenue raised by the Board in the form of loans,
grants, investments or other means; and

(d) all other sums that may become payable to or vested
in the Board in respect of matters incidental to its

powers and duties.

Action taken by

the Minister.

Fund for use by

Board.

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The Accreditation Act, 2006.No. 4 of 2006. 19

(3) The Board may establish a Reserve Fund into which may

be paid any surplus funds of the Board.

(4) The Board may withdraw any funds from the Reserve

Fund in cases of a shortfall for purpose of exercising its func-

tions or discharging its duties pursuant to this Act.

32. The financial year of the Board shall begin on 1st January

and shall end on 31st December in each year.

33. The Board shall not later than October 31st in each year

cause to be prepared and shall adopt and submit to the Minis-

ter—

(a) a budget with the estimates of its income and expen-

diture; and

(b) a plan of action;

for the Board in respect of the next financial year.

34. The Board shall keep proper records of accounts in ac-

cordance with generally accepted international standards and

principles and shall prepare and retain financial statements in

respect of each financial year.

35. (1) The Board shall as soon as is practicable after each

financial year have its accounts audited annually by an inde-

pendent auditor appointed by the Board, who shall conduct the

audit in accordance with generally accepted international ac-

counting standards and principles.

(2) The Board, the Executive Director, and other officers and

employees of the Board shall grant to the auditor appointed

pursuant to subsection (1) access to all books, deeds, contracts,

accounts, vouchers, or other documents which the auditor may

deem necessary and the auditor may require the person holding

or accountable for such document to appear, make a signed

statement or provide such information in relation to the docu-

ment as the auditor deems necessary.

(3) A person required to appear, make a signed statement or

to provide information under subsection (2) and who fails to

comply, commits an offence and upon summary conviction is

Financial year of

Board.

Budget and plan

of action of

Board.

Accounts.

Audit.

ANTIGUA

AND

BARBUDA

The Accreditation Act, 2006. No. 4 of 2006.20

liable to a fine not exceeding three thousand dollars and to revo-

cation of his or her appointment as a member of the Board or a

staff member of the Board in accordance with this Act.

36. An independent auditor appointed pursuant to section

35 shall as soon as practicable and not later than two months

after the end of each financial year submit copies of the audited

financial statement of the Board and a report on the financial

statement to the Board.

37. (1) Subject to subsection (2) and not later than three

months after the end of each financial year the Board shall sub-

mit to the Minister an annual report on the work and activities of

the Board for that financial year and the Minister shall not later

than one month later lay the same in Parliament.

(2) An annual report pursuant to subsection (1) shall be ac-

companied by the auditor’s report pursuant to section 36.

(3) A summary of an annual report pursuant to subsection (1)

shall be published in the Gazette and at least two local newspa-

pers in general circulation in Antigua and Barbuda and the en-

tire annual report shall be available to the public on payment of

the prescribed fee to the Board.

38. The Minister may make Regulations for giving effect to

any of the provisions of this Act.

SCHEDULE

Section 9 (3)

OATH (OR AFFIRMATION) OF SECRECY

I (A.B.) solemnly and sincerely swear (or affirm and declare) that I will faithfully

and honestly fulfill the duties that devolve upon me by reason of the Accreditation

Act and that I will not, without due authority in that behalf, in any manner whatso-

ever publish or communicate any facts or information being facts or information

with regard to any matter coming to my knowledge in the performance of my duties

pursuant to the provisions of the aforementioned Act.

So help me God! (to be omitted in affirmation.)

Auditor’s report.

Annual report.

Regulations.

ANTIGUA

AND

BARBUDA

The Accreditation Act, 2006.No. 4 of 2006. 21

Passed by the Senate this 24th

day of May , 2006.

Hazlyn M. Francis,

President.

Yvonne Henry,

Clerk to the Senate.

Passed by the House of Representatives

this 4th day of May, 2006.

D. Giselle Isaac-Arrindell,

Speaker.

Yvonne Henry,

Clerk to the House of Representatives.

________

Printed at the Government Printing Office, Antigua and Barbuda,

by Eric.T. Bennett, Government Printer

— By Authority, 2006.

800—7.06 [ Price $8.55]

ANTIGUA

AND

BARBUDA

The Accreditation Act, 2006. No. 4 of 2006.22

ANTIGUA

AND

BARBUDA

The Accreditation Act, 2006.No. 4 of 2006. 23

ANTIGUA AND BARBUDA

THE ACCREDITATION ACT, 2006

ARRANGEMENT OF SECTIONS

Sections

PART 1

PRELIMINARY

1. Short title and commencement

2. Interpretation

PART 2

ESTABLISHMENT AND FUNCTIONS OF

ACCREDITATION BOARD

3. Establishment of Board

4. Composition of Board

5. Meetings of the Board

6. Quorum

7. Voting

8. Additional person to attend meetings

9. Oath of secrecy

10. Protection from liability

11. Appointment of Secretary to the Board

12. Seal of the Board

13. Appointment of staff of the Board

14. Functions of the Board

PART 3

ACCREDITATION OF INSTITUTIONS AND

PROGRAMMES OF STUDY

15. Application for accreditation

16. Request for further information to support application

17. Additional matters to be considered by the Board

18. Report to the Minister with respect to application

19. Decision on application

20. Issuance of certificate of accreditation

21. Appeal

22. Validity of certificate registration

23. Preparation and submission of operational plan

24. Duty of Board to carry out assessments and surveillance visits

25. Establishment of Accreditation Mark

26. Confidentiality

PART 4

DUTIES OF ACCREDITED CERTIFIED INSTITUTIONS

27. Conditions to be met by accredited certified institutions

PART 5

REVOCATION OF CERTIFICATION OF ACCREDITATION

28. Grounds for revocation

29. Representations made by holder of certificate of accreditation

30. Action taken by the Minister

PART 6

FINANCIAL AND MISCELLANEOUS PROVISIONS

31. Fund for use by Board

32. Financial year of Board

33. Budget and plan of action of Board

34. Accounts

35. Audit

36. Auditor’s report

37. Annual report

38. Regulations

SCHEDULE
Read Entire Law on laws.gov.ag