Antigua and Barbuda Institute of continuing Education Act, 2008 (Antigua and Barbuda)

Antigua and Barbuda Institute of continuing Education Act, 2008

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titute of Continuing Education Act, 2008.pmd
ANTIGUA AND BARBUDA

THE ANTIGUA AND BARBUDA INSTITUTE OF CONTINUING
EDUCATION ACT, 2008

No. 10 of 2008

[Published in the Official Gazette Vol. XXVIII No. 81
dated 4th December, 2008.]

_____
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Government Printer
— By Authority, 2008.

800—12.08 [Price $9.25]

No. 10 of 2008.The Antigua and Barbuda Institute of
Continuing Education Act, 2008.

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No. 10 of 2008. The Antigua and Barbuda Institute of
Continuing Education Act, 2008.

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THE ANTIGUA AND BARBUDA INSTITUTE OF CONTINUING
EDUCATION ACT, 2008

ARRANGEMENT

Sections

PRELIMINARY

1. Short title and commencement
2. Interpretation

PART 1

THE INSTITUTE AND ITS BOARD OF MANAGEMENT

3. Establishment and incorporation of the Institute
4. Appointment and composition of the Board
5. Functions of the Institute
6. Powers of the Institute
7. Duties of the Board
8. Board to appoint Standing Committees
9. Executive and Finance Committee
10. Academic Council
11. Other committees and related matters
12. Delegation
13. Protection of the Board
14. Minister may give directions
15. Custody and use of seal
16. Remuneration of members of Board and Committees

PART II

ACADEMIC AND ADMINISTRATIVE GOVERNANCE OF THE INSTITUTE

17. Director of the Institute
18. Deputy Directors
19. Duties of the Director
20. Registrar
21. Bursar

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PART III

STAFF OF THE INSTITUTE

22. Staff generally
23. Appointment of staff
24. Minister to assist with staffing arrangements
25. Secondment of public officers to the Institute
26. Pensions Act to apply
27. Continued employment

PART IV

FINANCE OF THE INSTITUTE

28. Funds and resources of the Institute
29. Borrowing powers of the Institute
30. Guarantee by Minister of Finance of borrowing by the Institute
31. Accounts and audit
32. Annual Report, statement of accounts and estimates
33. Minutes of Board receivable in evidence

PART V

TRANSFER OF CERTAIN ASSETS TO THE INSTITUTE

34. Transfers of certain assets to the Institute
35. Construction of laws, judgments, contracts, etc. relating to transferred assets
36. Savings for proceedings, etc. related to movable property and undertakings

PART VI

MISCELLANEOUS

37. Eligibility
38. Non-discrimination
39. Student government
40. Student discipline
41. Rules

Schedules

SCHEDULE
Procedure of the Board

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Continuing Education Act, 2008.

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I Assent,

[ L.S.]

Louise Lake-Tack,
Governor-General.

11th November, 2008

ANTIGUA AND BARBUDA

THE ANTIGUA AND BARBUDA INSTITUTE OF CONTINUING EDUCATION ACT, 2008

No. 10 of 2008

AN ACT to provide for the establishment of an educational institution to be known as the Antigua
and Barbuda Institute of Continuing Education and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows:

PRELIMINARY

1. Short title and commencement

This Act may be cited as the Antigua and Barbuda Institute of Continuing Education Act, 2008 and
shall come into operation on a date fixed by Notice of the Minister.

2. Interpretation

In this Act,

“Academic Council” means the Academic Council of the Institute established under section 10;

“adult” refers to a person sixteen years and older;

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“Auditor” means the person appointed to the public office of Auditor established under section
97(1) of the Antigua and Barbuda Constitution;

“Board” means the Board of Management established by section 4;

“Bursar” means the Bursar of the Institute appointed under section 21;

“Chairperson” means the Chairperson of the Board of Management and “Deputy Chairperson”
shall be construed accordingly;

“Director” means Director of the Institute appointed under section 17;

“Executive and Finance Committee” means the Executive and Finance Committee established
by section 9;

“financial year” means a period of twelve months as determined by the Board;

“Institute” means the Antigua and Barbuda Institute of Continuing Education;

“Institute system” means the Golden Opportunity, Youth Skills Training Project and Evening
Institute;

“Minister” means the Minister responsible for Education;

“Ministry” means the Ministry responsible for Education;

“Registrar” means the Registrar appointed under subsection 20(1);

“Secretary” means the Secretary to the Institute referred to under subsection 20(3);

“staff” means the academic, administrative and other staff of the Institute;

“student” means a person who is enrolled as a student during a current academic year for a
diploma, certificate or such other qualification or course of the Institute as may be approved by
the Board as qualifying a person for the status of a student, but does not include a student of an
affiliated institution who is registered for examinations leading to a diploma, certificate or
other academic award of the Institute;

“student government” means the organisation of students authorised under section 39 that rep-
resents the interests of students.

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PART I

THE INSTITUTE AND ITS BOARD OF MANAGEMENT

3. Establishment and incorporation of the Institute

There shall be established a body corporate to be known as the Antigua and Barbuda Institute of
Continuing Education.

4. Appointment and composition of the Board

(1) The Institute shall be governed by a Board of Management consisting of not less than seven
members appointed by the Minister, after consultation with the Cabinet, as follows

(a) one member who shall be the Director ex-officio who shall hold the relevant technical
and professional qualifications and experience;

(b) three persons, one of whom shall be from the Ministry responsible for Labour, the Na-
tional Technical and Vocational Education and Training oficer or his designate, and a
member of the Barbuda Council.

(c) at least three persons who shall be from the private sector, regard being had for the desir-
ability of including among the members of the Board persons of high international, re-
gional or national standing from professions, commerce, industry and similar fields;

(d) at least one person from the NGO Community.

(2) The Minister shall appoint a Chairperson and Deputy Chairperson from among persons ap-
pointed under subsection (1).

5. Functions of the Institute

(1) The functions of the Institute shall be to

(a) administer an educational institution for the purpose of fostering the achievement of ex-
cellence in study in the fields of adult and continuing education, particularly technical
and vocational education;

(b) provide courses and programmes for education and training and to use the facilities and
resources of the institute to advance and develop knowledge and skill in the fields of
technical and vocational education;

(c) support industry and commerce, and assist the development of industry and commerce
and the community, in the Act;

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(d) promote the development of community awareness and appreciation of technical and
further education;

(e) confer awards to persons who have completed courses of studies at the institute;

(f) confer honorary awards;

(g) consult and co-operate with other institutions, and with persons, associations, orga isations
and authorities, in relation to the provision of education in technical and further educa-
tion;

(h) make suitable financial arrangements with industry and commerce for the purposes of its
functions under paragraphs (a) to (g); and

(i) do anything incidental to its functions under paragraphs (a) to (h).

6. Powers of the Institute

The Institute may do or perform all acts or things that are necessary for, or in connection with, the
performance of its functions under and for the furtherance of the provisions of this Ac that may
lawfully be done or performed by a body corporate.

7. Duties of the Board

(1) The general direction, management and control of the Institute are vested in the Board and the
Board shall exercise the powers of the Institute directly or indirectly through its staff, employees and
agents.

(2) Without prejudice to the generality of subsection (1), the Board may

(a) provide for the welfare of the staff and students of the Institute and deal with all human
resource matters;

(b) implement the policies of the Institute;

(c) establish the number of faculties, schools, departments and divisions of the Institute as it
considers necessary or expedient;

(d) control and superintend the property of the Institute;

(e) appoint academic, administrative and other staff that appears to the Board to be neces-
sary, on the terms and conditions (including salaries, allowances, other remuneration and
disciplinary control) that the Board may determine;

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(f) cause proper accounts of the financial affairs of the Institute to be maintained;

(g) accept, deposit, or act as trustees or managers of the property of the Institute or a
legacy, endowment, bequest or gift to the Institute for purposes of education or re-
search or otherwise in furtherance of the work of the Institute and to invest funds rep-
resenting the property, legacy, endowment, bequest or gift, if not immediately required
in security as the Board may deem fit;

(h) on the advice of the Academic Council

(i) determine the programmes and courses of study to be pursued in the Institute and
admission standards

(ii) set entry qualifications;

(iii) conduct examinations;

(iv) confer academic certificates, diplomas, degrees and honours;

(i) provide pecuniary benefits for the employees of the Institute on their retirement, resig-
nation, discharge or other termination of service, or in the event of their sickness or
injury and for their dependants, and for that purpose effect policies of insurance, estab-
lish pension and provident funds or make other provisions that may be necessary to
secure for those employees and their dependants some or all of the pecuniary benefits
to which the provisions of this sub-paragraph relate;

(j) on the advice of the Academic Council, grant sabbatical and other leave;

(k) on the advice of the Academic Council, enter into agreements or arrangements on be-
half of the Institute with other institutions of further education (including universities),
for the provision of instruction or the granting of associate degrees, diplomas, certifi-
cates and other academic distinctions;

(l) fix fees and charges for courses of study, facilities and other services provided by the
Institute and award and administer bursaries and scholarships as it deems fit;

(m) negotiate a collective agreement or similar agreement with the representative body of
the employees of the Institute;

(n) inquire into and adjudicate upon disciplinary charges against students or members of
its academic and other staff;

(o) advise the Minister respecting amendments to this Act; and

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(p) make rules under this Act, with the approval of the Minister.

(3) Where the inquiry and adjudication under the paragraph (2)(n) relates to a member of staff who
is a public officer on secondment to the Institute, the Board may, according to its findings, direct the
Director to recommend to the Permanent Secretary of the Ministry that the secondment of the staff
member be terminated and the Permanent Secretary shall refer the recommendation to the Public
Service Commission.

(4) The Schedule has eff ct in respect to the constitution and other matters relating to the Board.

(5) The Minister, in consultation with the Board, may by Order amend the Schedule.

(6) An Order made under subsection (5) shall be subject to negative resolution of the House of
Assembly.

8. Board to appoint Standing Committees

The Board shall establish two Standing Committees, namely, the Executive and Finance Committee
and the Academic Council.

9. Executive and Finance Committee

(1) The Executive and Finance Committee comprises the Chairperson of the Board, who shall
preside at the meetings of the Committee, and not less than three or more than seven other members
appointed by the Board.

(2) The Executive and Finance Committee is responsible for the financial affairs of the Institute,
and in particular shall

(a) review financial plans and budgets for the Institute;

(b) make rules to regulate the financial transactions of the Institute subject to approval by the
Board;

(c) supervise expenditures and approve variations within the approved budget up to limits
set from time to time by the Board;

(d) review statements of accounts by the Board; and

(e) manage the funds of the Institute and make recommendations for investment

(3) Except for the first term, when two members appointed by the Board shall serve for three
years, members appointed to the Executive and Finance Committee shall serve for a two-year term.

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(4) A retiring member of the Executive and Finance Committee is eligible for re-appointment.

10. Academic Council

(1) The Academic Council comprises the Director, Deputy Director for Academic and Student
Affairs, Heads of Divisions and one academic staff member appointed by the Board from each aca-
demic division.

(2) The Director, or in his absence the Deputy Director for Academic and Student Affairs, shall be
the Chairperson of the Academic Council.

(3) The Academic Council shall

(a) establish academic and teaching standards in programmes of the Institute;

(b) advise the Board as to appropriate admission standards and entry qualifications;

(c) propose changes to the admission standards and entry qualifications, if necessary, for the
approval of the Board of Management;

(d) establish criteria for examinations of the Institute;

(e) receive and consider proposals from Departments, Schools and Divisions for changes in
the academic programme, including the introduction of new courses or changes in cur-
riculum of on-going courses;

(f) prepare educational development plans for the Institute for consideration by the Board;

(g) be responsible for moderation, accreditation, and internal and external certification of
academic achievements, subject to any requirements of the Board;

(h) advise and make recommendations to the Board with respect to recruitment and training
of staf and the promotion and conduct of research;

(i) advise the Board whenever its advice is required under the provisions of this Act or
whenever the Council considers it necessary in the interest of the Institute to do so.

(4) The Academic Council shall approve all changes to existing and new courses and teaching
programmes.

(5) Except for the first term, when two members of the Academic Staff appointed by the Board
shall serve for three years, academic staff appointed by the Academic Council shall serve for a two-
year term.

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(6) Any retiring member of the Academic Council is eligible for re-appointment.

11. Other committees and related matters

(1) The Board may from time to time establish and abolish other committees that it considers
necessary or expedient for the purpose of carrying out its functions under this Act.

(2) A committee established under subsection (1) may consist of persons who are members of the
Board and persons who are not, but unless otherwise provided by this Act, any such committee shall
consist of no more than seven persons, of whom no more than three shall be members of the Board,
and no fewer than two persons, one of whom shall be a member of the Board.

(3) A committee appointed under subsection (1) shall exercise the powers and functions that the
Board determines arising out of or connected with the powers and duties of the Board under this Act.

(4) The Board may by resolution reject the report of any such committee appointed under subsec-
tion (1) or adopt it wholly, or with modifications, additions or adaptations.

(5) A committee of the Board, including a standing committee, may regulate its own procedure
subject to any rules made under this Act or any written directions of the Board in this regard.

(6) The members of a committee appointed under subsection (1) shall elect as Chairperson a
committee member who is a member of the Board, unless it is a Disciplinary Committee, in which
case the Chairperson shall be a person with legal qualifications.

12. Delegation

(1) Subject to this Act, the Board may delegate to any appropriately qualified member or commit-
tee of the Board, or any appropriately qualified member of staff, the power and authority to carry out
on its behalf duties that the Board may determine.

(2) The delegation of a power or authority under subsection (1) does not prevent or affect the
exercise of the power or authority by the Board where the Board considers it necessary.

13. Protection of the Board

No act done or proceedings taken under this Act shall be questioned on the ground of an omission,
defect or irregularity not affecting the merits of the case.

14. Minister may give directions

(1) The Minister may, give the Board

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(a) directions of a general character as to the policy to be followed in the exercise and perfor-
mance of its functions;

(b) directions for the remedying of any serious defect or failure in the successful perfor-
mance of its functions.

(2) The Board shall give effect to directions given by the Minister.

15. Custody and use of seal

(1) The Institute shall have a seal that shall be kept in the custody of the Chairperson.

(2) The seal of the Institute shall be authenticated by the signatures of the Chairperson or Deputy
Chairperson and one other member of the Board.

(3) Documents, other than those required by law to be under seal, made by, nd all decisions, of the
Board shall be signified under the hand of the Chairperson or Deputy Chairperson or a member of the
Board authorised to act in that behalf.

16. Remuneration of members of Board and Committees

(1) The members of the Board shall recommend the remuneration and allowances packages to be
paid out of the funds of the Institute for the approval by the Minister.

(2) Where persons, not being members of the Board, are members of a Standing Committee or
other committee appointed under this Act, the Board may by resolution determine the remuneration
and allowances of such persons, and such sums shall properly be payable out of the funds and re-
sources of the Institute.

PART II

ACADEMIC AND ADMINISTRATIVE GOVERNANCE OF THE INSTITUTE

17. Director of the Institute

(1) The Board in conjunction with the Minister shall appoint a Director of the Institute.

(2) The Director is the principal executive officer of the Institute.

(3) The Director is the academic and administrative head of the Institute and shall generally super-
vise and direct the academic work of the Institute, the academic and administrative staff and other
staf of the Institute, and shall also perform other functions assigned to him by the Board.

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(4) The Director holds office as a full-time employee for a term not to exceed five years, and is
eligible for reappointment at the determination of the Board.

(5) Subject to the conditions specified under subsection (6), the Board may, with the prior ap-
proval of the Minister, remove the Director from office on the grounds of misconduct, inefficiency or
other good cause.

(6) The Board shall, prior to exercising its power of removal under subsection (5) ensure that

(a) the Director is given due notice of not less than fourteen days that his removal is under
consideration together with a statement of the charges alleged against him; and

(b) the Director is given an opportunity to defend himself in person or, at his own expense,
by a legal practitioner of his own choice, against the charges.

(7) The Director may terminate his appointment by giving three month’s written notice to the
Board.

18. Deputy Directors

(1) The Board shall, after consultation with the Director, appoint

(a) a Deputy Director for Academic and Student Affairs,

(b) a Deputy Director for Financial and Administrative Affairs; and

(c) other Deputy Directors that the Board may determine.

(2) The Deputy Directors are, under the direction of the Director, responsible for the general
administration of the Institute, including academic affairs, financial affairs and institutional develop-
ment of the Institute and other duties assigned to the Deputy Directors by the Director or the Board.

(3) Whenever the Director is absent from Antigua and Barbuda or for any reason unable to per-
form the functions of the office, or whenever there is a vacancy in the office of the Director, the
Deputy Director for Academic and Student Affairs shall exercise and perform all functions of the
Director.

(4) In the absence or inability of the Director and Deputy Director for Academic and Student
Affairs, the duties of the office of the Director shall be performed by the persons that the Board may
appoint during the absence or inability.

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19. Duties of the Director

Without prejudice to any other duties conferred upon the Director by this Act, the Director shall be
responsible for

(a) planning the implementation of policy and for all phases of the operation, administration,
supervision, maintenance and promotion of the Institute and its programmes;

(b) the introduction of measures, mechanisms and procedures necessary for the effec ive
discharge of his duties;

(c) the provision of leadership in matters relating to the academic programmes of the Insti-
tute;

(d) the promotion of the interests of the Institute both within and outside Antigua and Barbuda;

(e) the exercise of the other powers conferred on him or delegated to him by the Board in
accordance with this Act or rules made under this Act.

20. Registrar

(1) The Board shall appoint a Registrar of the Institute.

(2) Subject to the directions of the Director, the Registrar is responsible for the effective manage-
ment of the human and other resources allocated to the Offic of the Registrar in providing the highest
possible level of service to students, prospective students and applicants, members of the Institute’s
faculty and staff, and members of the broader communities served by the Institute. The functions of
the Registrar will include but not be limited to

(a) the development of campus systems that tie the academic and administrative functions
together;

(b) the validation of data that is flowing into and out of the system;

(c) the provision of student information in an appropriate form to system users.

(3) The Registrar shall perform the duties of Secretary to the Institute, more specifically to the
Board, Academic Council and any other Committee to which he may be assigned by the Board.

(4) The Registrar shall not have the right to vote at Board or Committee meetings.

21. Bursar

(1) The Board shall appoint a Bursar of the Institute.

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(2) The Institute’s Bursar shall receive on behalf of the Institute all monies and property payable or
deliverable to the Institute and his receipt shall be sufficient discharge of the same.

(3) Without prejudice to the powers of the Executive and Finance Committee and subject to the
directions of the Deputy Director for Financial and Administrative Affairs, the Bursar is responsible
for the day-to-day administration and control of the financial aff irs of the Institute.

(4) The Bursar shall have the other duties that the Board considers appropriate.

PART III

STAFF OF THE INSTITUTE

22. Staff generally

(1) Subject to this Part, the Institute shall have such number of academic, administrative and other
staf as the Board determines necessary from time to time.

(2) The employment of persons under subsection (1) shall be subject to the terms and conditions
agreed between the employee and the Board.

23. Appointment of staff

The Director, academic staff and senior administrative staff shall be appointed by the Board and other
members of the staff shall be appointed by the Director or the other person to whom the power is
delegated by the Board.

24. Minister to assist with staffing arrangements

The Minister shall ensure where necessary that arrangements are made for the services of the staff
presently employed by the Institute system to be made available to the Institute from the commence-
ment of this Act.

25. Secondment of public officers to the Institute

(1) Where secondment of a public officer to the Institute is approved by the Public Service Com-
mission, subject to the conditions it may impose, the officer seconded to the Institute shall be em-
ployed in accordance with the provisions of this Act, but the service of the seconded officer during the
period of the secondment shall, in relation to pension, gratuity or other benefits and rights as a public
officer, be treated as continued service in the Public Service.

(2) For the avoidance of doubt, it is hereby declared that an officer seconded from the Public
Service to the Institute shall continue to be a public off er until the time when he resigns, retires, or

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otherwise leaves the Public Service, but the officer shall during the period of secondment to the
Institute, comply with the provisions of this Act and Rules made under this Act.

(3) The Board may employ a public officer on secondment to the Institute as a member of staff for
a maximum period of two years, except in exceptional circumstances, when the secondment may be
extended or renewed.

(4) A public of icer who is seconded to the Institute shall exercise an option of at least three
months prior to the completion of the period of secondment of either becoming a member of the
permanent staff of the Institute or returning to his substantive position in the Public Service or another
equivalent and suitable position to which he may be appointed in the Public Service.

(5) A public oficer who exercises an option under subsection (4) to

(a) become a member of the permanent staff of the Institute, shall do so in writing addressed
to the Chairperson of the Board and copied to the Permanent Secretary of the Ministry;

(b) return to the Public Service, shall do so in writing to the Permanent Secretary of the
Ministry and copied to the Chairperson of the Board.

(6) Where the officer under subsection (5) exercises the option to return to his substantive position
and the position no longer exists, the Establishment, Personnel and Trai ing Department shall consult
with the oficer in order to treat with the officer or his representative with a view to agreeing to a
suitable alternative position to which the officer may be appointed by the Public Service Commission
or subject to the power of removal by the Commission, to make provision for compensation.

(7) A public oficer on secondment to the Institute shall be so employed by the Institute that his
remuneration and conditions of service are not less favourable than those that are attached to such
appointment in the Public Service.

26. Pensions Act to apply

(1) Where a public officer on secondment to the Institute exercises an option to accept permanent
employment with the Institute, the officer shall cease to be a public officer on the date of the accep-
tance, but the provisions of the Pensions Act shall continue to apply to him in relation to service with
the Institute as if he had continued to be a public off er in respect of his pension and gratuity pay-
ments.

(2) An officer to whom the Pensions Act applies under subsection (1) may, subject to subsection
(3), hold ofice for an indeterminate period.

(3) An officer to whom this section applies shall vacate his off ce or employment with the Institute
at the mandatory age of retirement from the Public Service and is eligible for gratuity and pension
payments at that age.

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27. Continued employment

An officer to whom section 26 applies is eligible, at the pleasure of the Board and on the terms and
conditions that it may determine, to continue in the employment of the Institute after that person has
reached the mandatory age of retirement from the Public Service.

PART IV

FINANCE OF THE INSTITUTE

28. Funds and resources of the Institute

The funds and resources of the Institute shall consist of

(a) sums voted for the purpose of the Institute by Parliament;

(b) sums borrowed by the Institute for the purpose of meeting any of its obligations or dis-
charging any of its functions;

(c) sums received by way of fees; and

(d) all other sums or property which may in any manner become payable to, or vested in the
Institute in respect of any matter incidental to its functions.

29. Borrowing powers of the Institute

(1) Subject to subsection (2), the Institute may borrow sums required by it for meeting any of its
obligations or discharging any of its functions.

(2) The Board may borrow sums only with the approval of the Minister of Finance as to the
amount, as to the source of the borrowing and as to the terms on which the borrowing may be effected.

30. Guarantee by Minister of Finance of borrowing by the Institute

(1) With the approval of the House of Representatives, the Minister of Finance may guarantee in
the manner and on the conditions that he thinks fit, the repayment of the principal and payment of
interest in respect of any authorised borrowing by the Institute.

(2) Where the Minister of Finance is satisfied that there has been default in the repayment of the
principal monies or payment of interest guaranteed under this section, he shall direct the repayment
or payment as the case may be, out of the Consolidated Fund of the amount in respect of which there
has been such default.

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(3) The Institute shall make to the Accountant General, at the times and in the manner that the
Minister of Finance directs, payments of the sums directed in or towards repayment of sums issued in
fulfilment of a guarantee given under this section, and payment of interest may be directed as regards
different sums and as regards interests for different periods.

31. Accounts and audit

(1) The Board shall keep accounts of the transactions of the Institute to the satisfaction of the
Minister of Finance and the accounts shall be audited annually by the auditor appointed by the Board.

(2) The members, officers and employees of the Institute shall grant to the auditor appointed by
the Board or to a public officer authorised by the auditor, access to all books, documents, monies and
property of the Institute and shall give the auditor or the officer of the auditor on request, all informa-
tion within their knowledge in relation to the operation of the Institute.

(3) If a person fails or refuses to comply with a request of the auditor or officer made pursuant to
subsection (2) or otherwise impedes or obstructs the auditor or officer in the exercise of functions
under this section, that person commits an offence and is liable on summary conviction to a fine of
one thousand dollars.

32. Annual Report, statement of accounts and estimates

(1) The Board shall submit to the Minister

(a) within three months after the end of each academic year, or within the further time that
the Minister considers reasonable, a report on the activities of the Institute during that
academic year, and a development plan for the new academic year;

(b) on or before 1st October of each year, a statement of the Institute’s accounts audited in
accordance with subsection 31(1), for the financial year ending in that year;

(c) on or before the 31st July in each year, its estimates of revenue and expenditures for the
Institute in respect of the next financial year for the approval of the Minister.

(2) The Minister shall table annually in the Parliament of Antigua and Barbuda copies of the
reports of the Institute and the audited statement of its accounts mentioned in paragraphs (1)(a) and
(b).

33. Minutes of Board receivable in evidence
Minutes made of meetings of the Board are, if duly signed by the Chairperson, receivable in evidence
in all legal proceedings without further proof; and every meeting of the Board in respect of which
Minutes have been so signed are deemed to have been duly convened and held, and all members
present at them to have been duly qualified to act.

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PART V

TRANSFER OF CERTAIN ASSETS TO THE INSTITUTE

34. Transfer of certain assets to the Institute

(1) The movable property and undertakings owned by the Government and used by it for the
operation of the Institute system immediately before the date of the commencement of this Act are
transferred to and vested in the Institute for the same purpose as they were held and used by the
Government immediately before that date.

(2) The transfer and vesting under subsection (1) extends to the whole of the movable property and
undertakings and includes 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.

35. Construction of laws, judgments, contracts, etc. relating to transferred assets

Subject to this Act, all laws, judgments, decrees, awards, deeds, bonds, contracts, agreements, instru-
ments, documents, warrants and other arrangement subsisting immediately before the date of the
commencement of this Act affecting or relating to any of the movable properties or undertakings
transferred to the Institute by or under this Act have full force and effect against or in favour of the
Institute, and are enforceable fully and effectually, as if instead of the Government, the Institute has
been named in them or had been a party to them and otherwise in substitution of the Government.

36. Savings for proceedings, etc. related to movable properties and undertakings

(1) Where anything has been commenced by or under the authority of the Government prior to the
date of the commencement of this Act and it relates to any of the movable properties or undertakings
or any right or liability transferred to the Institute by or under this Act, the thing may be carried on and
completed by or as authorised, by the Institute.

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

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PART VI

MISCELLANEOUS

37. Eligibility

(1) Any person is eligible for admission as a student of the Institute who possesses the entry
qualifications determined by the Board on the advice of the Academic Council.

(2) Any person is eligible for appointment to an office of, or employment under the Board.

(3) The Board shall, with the approval of the Minister, publish by Order the qualifications deter-
mined under subsection (1)

38. Non-discrimination

A person shall not be denied admission as a student of the Institute or be eligible to hold office in it,
or to graduate from it, or to enjoy any of its advantages, benefits or privileges, because of a person’s
religious or political views or beliefs, race or sex.

39. Student government

There shall be a student government initiated by the Board and controlled by students who shall be
democratically elected and follow a constitution approved by the Board.

40. Student discipline

The Director may, subject to the Rules made under this Act, exercise disciplinary control over stu-
dents and in this regard may consult a Disciplinary Committee appointed for this purpose by the
Board.

41. Rules

The Board may, with the approval of the Minister, make Rules to direct and regulate the management
and administration of the Institute, and without prejudice to the generality of the foregoing, may make
Rules

(a) respecting the proceedings of the Board and the manner of transacting business;

(b) prescribing the manner in which documents, cheques and instruments of every descrip-
tion shall be signed, executed or kept for the purposes of its functions;

(c) respecting the due custody of monies forming part of the funds and resources of the
Board;

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(d) prescribing the academic year and terms or semesters, as the case may be, and the vaca-
tions and holidays to be recognised for the purposes of the Institute;

(e) providing for the grant and provisions of leave for the Director and staff of the Institute;

(f) prescribing the subjects of instruction, the relative prominence and value to be assigned
to each subject or group of subjects and the extra-curricular activities of the Institute;

(g) respecting the conduct and discipline of students and members of staff;

(h) respecting the establishment and management of faculties, schools, departments or divi-
sions of the Institute;

(i) respecting provision for insurance coverage;

(j) generally for the exercise of its functions and such other matters considered relevant to
the operation of the Institute;

SCHEDULE

PROCEDURE OF THE BOARD

1. Duration and termination of membership

(1) Except for the first term in which case the Chairperson and three other members shall be
appointed for a three year term, each member of the Board shall serve a two year term.

(2) Any person in good standing who ceases to be a member of the Board is eligible for reappoint-
ment, but except for the Director, a member shall not hold office for more than two consecutive terms.

(3) A member of the Board becomes unfit to hold office and his appointment shall be revoked by
the Minister on the advice of the Board if

(a) he is medically declared to be of unsound mind

(b) he becomes bankrupt;

(c) he is convicted of an indictable offence;

and the office of a member of the Board shall become vacant if he fails without adequate cause to
attend three successive meetings.

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(4) The Chairperson may at any time resign his office by instrument in writing addressed to the
Minister and the resignation shall take effect as from the date of receipt of the resignation by the
Minister.

(5) A member of the Board, other than the Chairperson, may at any time resign his office by
instrument in writing addressed to the Minister and transmitted through the Chairperson and from the
date of the receipt by the Minister of the instrument the member shall cease to be a member of the
Board.

2. Temporary members and vacancies

(1) The Minister may appoint any person to act temporarily in the place of any member of the
Board in case of absence or inability of such member to act.

(2) If a vacancy occurs in the membership of the Board, the vacancy shall be filled by the appoint-
ment of another member who shall, subject to the provisions of this Act, hold ofice 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 as the appointment of the previ-
ous member.

3. Gazetting appointments

The names of all members of the Board as first constituted and every change in the membership
thereof shall be published in the Gazette.

4. Personal liability of members

No personal liability shall be attached to any member of the Board for

(a) any act or omission of the Board; or

(b) anything done or permitted in good faith in the course of the operations of the Institute.

5. Director to attend meetings

The Director may attend meetings of the Board as an ex-officio member, but shall not have the right
to vote at the meetings.

6. Responsibilities of the Board

(1) The Board is responsible for the management of the Institute and for the exercise of its func-
tions and powers specified in this Act.

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(2) The Board shall be deemed to have delegated to the Director the functions and powers of the
Board necessary to enable him to transact effici ntly the day-to-day business of the Institute.

(3) The Board may, from time to time, employ persons necessary for the due performance of the
functions of the Institute upon such terms and conditions as may be determined by the Board.

7. Meetings of the Board

(1) The Board shall meet at least four times every year and at other times as may be necessary or
expedient for the transaction of its business and such meetings shall be held at places and times and
on days that the Board determines.

(2) The Chairperson, or in his absence the Deputy Chairperson, shall preside at a meeting of the
Board.

(3) At any meeting of the Board, in case of the absence or inability to act of both the Chairperson
and the Deputy Chairperson, the members of the Board present shall elect one of the other members
to preside at the meeting.

(4) The decisions of the Board shall be by a majority of votes and in addition to an original vote,
in any case in which the voting is equal, the Chairperson, or in his absence the Deputy Chairperson or
other member presiding at that meeting, shall have a casting vote.

(5) The Minister may attend any meeting of the Board or one of its committees or be represented
at any such meeting by a person authorised by him in that behalf; and the Minister or that person may
take part in the proceedings at the meeting but shall not vote on any matter.

(6) The Chairperson may at any time summon a meeting of the Board and shall summon a meeting
within seven days

(a) of a request for that purpose addressed to him by any four members of that Board; or

(b) if a direction to that effect is addressed to him by the Minister.

8. Quorum

At any meeting of the Board, or a committee, a quorum shall be the minimum number constituting a
majority of the total number of the members of the Board or committee.

9. Minutes

(1) Minutes of each meeting of the Board, Finance Committee, Academic Council and other com-

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Passed by the Senate on the 21st day of
August, 2008.

Hazlyn M. Francis,
President.

L. Thomas,
Acting Clerk to the Senate.

Passed by the House of Representatives on
the 7th day of July, 2008.

D. Gisele Isaac-Arrindell,
Speaker.

L. Thomas,
Acting Clerk to the House of Representatives.

mittees shall duly be kept by the persons the Board may appoint for the purpose and shall be con-
firmed by the Chairperson or person presiding at the next meeting of the Board or a committee.

(2) A copy of the Minutes of every meeting of the Board or a committee, as the case may be, shall
be submitted to the Board or the committee at its next meeting.

(3) A copy of the Minutes of every meeting of the Board shall be submitted to the Minister within
fourteen days after the meeting.