Barbuda Local Government Act

Link to law: http://laws.gov.ag/acts/chapters/cap-44.pdf
Published: 1976

Barbuda Local Government (CAP. 44 1

CHAPTER 44

THE BARBUDA LOCAL GOVERNMENT ACT

Arrangement of Sections
Section

PART I

Preliminary

1. Short title.
2. Interpretation.

Establishment and Composition of Council
3 . Establishment of Council.
4. Composition of Council.
5. Election of Chairman etc.

PART I11

Membership of the Council

6. Qualifications for membership of the Council.
7. Forfeiture of seat.
8. Resignation of member.
9. Vacancies and by-elections.

Elections

10. Supervisor of Elections.
11. Returning Officers etc.
12. Electoral lists.
13. Elections.
14. Retirement, re-election and tenure of Office of elected

members.
15.Dissolution of the Council.

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2 CAP. 44) Barbuda Local Government

16.Rules.
17. Election petitions

PART V

Functions and Powers of the Council

18. Functions, powers and duties of Council.
19. Power to make by-laws.
20. Borrowing powers of Council.
21. Power to acquire land etc.

Financial

22. Revenue and expenditure to be accounted for.
23. Use of money in Special Account.
24. Sources of revenue.
25. Estimates.
26. Provision of services to Council by Government.
27. Accounts.
28. Remission of Fees etc.
29. Property of Council.

PART VII

Secretary, Other Staff, and Public Officers

30.Secretary and other staff of the Council.
3 1 . Public Officers.
32.Duties and Powers of Secretary.
33. Casual workers.

PART VIII

Council Meetings and Procedure Thereat

34. Meetings of Council.
35. Majority decisions and casting votes.
36. Validity of proceedings.
37 . Members pecuniary interests.
38. Committees.

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Assessments

39.Power of entry to assess premises for rates and taxes.
40.Land and House Taxes.
41. Notice of Assessment.
42. Assessment and service thereof.
43. Land and house taxes how recoverable.
44. Power of tenants to deduct land or house tax from rent.

45. Allowances to members of Council.
46. Offences.
47. Omnibus penalty.
48. Special provision as to the election of Chairman and

Deputy Chairman for purposes of election on 22nd
March, 1979.

SCHEDULE.

BARBUDALOCALGOVERNMENT

(23rd December, 1976.)

PART I

Preliminary

1. This Act may be cited as the Barbuda Local Short
Governjment Act.

2. In this Act, unless the context otherwise requires- lnte~retat iOn.
"Barbuda" or "the Island" means the Island of

Barbuda;

"Chairman" includes a temporary and an acting
Chairman;

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4 CAP. 44) Barbuda Local Government

Cap. 42

"the Council" means the Barbuda Council established
under the provisions of section 3;

6 ' election" means an election of a member or members
of the Council;

"existing by-laws" means by-laws under the Barbuda
Act, and specified in the Schedule hereto;

''public office" and "public officer" shall have the same
meaning as that assigned to them in section 127 (1)
of the Constitution;

"the Minister" means the Minister of Finance;

"the Secretary" means the person appointed under sec-
tion 30 to be Secretary of the Council.

Establishment and Composition of Council
Establishment of
Council.

3. (1) For .the purposes of this Act there shall be
established a Council for Barbuda (in this Act referred to
as "the Council") which shall administer the system of local
Government for the Island constituted by this Act.

(2) The Council shall be a body corporate by the name
of "the Barbuda Council" with perpetual succession and
a common seal, and power to purchase, acquire, hold, mor-
tgage and dispose of land and other property.

(3) The Island shall be subject to the jurisdiction of the
Council which is hereby invested with the powers set out
in this Act.

(4) The Council shall be entitled to make contracts and
may sue and be sued by the name of "The Barbuda Coun-
cil", and may for all purposes be described by that name;
and service on the Council of all legal processes and notices
shall be effected by service on the Secretary at the office of
the Council.

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( 5 ) The Council shall have an official seal which shall
be judicially noticed and shall be authenticated by the
signature of the Secretary; and any document purporting
to be sealed with the said seal so authenticated shall be
receivable in evidence of the particulars so stated in that
document.

(6) Until the Council obtains a seal in accordance with
the provisions of subsection ( 5 ) , a rubber stamp bearing the
corporate name of the Council and authenticated as aforesaid
may be used instead of such seal.

4. ( 1 ) The Council shall consist of the following per- Composition of
Council.

sons, that is to say-

( a ) the member of the House of Representatives
for the constituency of Barbuda;

( b ) a member of the Senate who possesses the
qualifications specified in subsection (1) of section 6; and

(c) nine elected members.

(2) When the Council first meets after this Act comes
into force, and in January of every year, before it proceeds
to the despatch of any other business, it shall elect two
members to be the Chairman and Deputy Chairman respec-
tively of the Council:

Provided that in any year where an election is held pur-
suant to section 14 of this Act, the election of a Chairman
and Deputy Chairman shall take place at the first meeting
after that election.

(3) For the purposes of subsection (2) the member refer-
red to in paragraph ( a ) of subsection (1) shall preside at the
meeting of the Council until a Chairman and Deputy Chair-
man are chosen.

5 . ( 1 ) If during the life of the Council the Chairman ~ ~ ; ~ ~ a : a , " f e t , .
or Deputy Chairman resigns or dies or is disqualified from
being a member of the Council the members shall elect a
Chairman or a Deputy Chairman, as the case may be, to
fill the vacancy thus created.

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(2) The Deputy Chairman of the Council shall act as
Chairman in the absence of the Chairman from any meeting,
and if both the Chairman and Deputy Chairman are absent,
the members present may elect a temporary Chairman from
among themselves for the purpose of that meeting.

Membership of the Council

Qualifications for
membership of

6. (1) Subject to the provisions of subsection (2) a per-
the council. son shall be qualified to be elected as a member of the Council

if-

(a) he is a Commonwealth citizen of the age of eigh-
teen years and upwards; and

(b) was born in Barbuda, or is the child of parents
at least one of whom was born in Barbuda, or has resided
in Barbuda for a period of not less than three years
immediately before the date of his nomination for elec-
tion; and

(6) is not disqualified from being elected a member
of the Council; and

(4 is ordinarily resident in Barbuda, and
Cap. 379. ( e ) is a registered voter under the Representation

of the People Act.

(2) A person shall be disqualified from being elected
as a member of the Council who-

(a) is by virtue of his own act under any
acknowledgement of allegiance, obedience or adherence
to a foreign power or state; or

(6) is an undischarged bankrupt having been so
adjudged or declared bankrupt in Antigua and Barbuda;
or

(6) 'is certified to be insane or otherwise adjudged
to be of unsound mind under any law in force in Antigua
and Barbuda; or

(6) is under sentence of death imposed on him by
a court or has been sentenced to imprisonment (by
whatever name called) for a term of or exceeding twelve

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months and has not either suffered the punishment to
which he was sentenced or such other punishment as
may by competent authority have been substituted
therefor, or received a free pardon; or

( e ) holds or is acting in any paid office or other
place of profit in the gift or disposal of the Council; or

Cf) is disqualified from being elected or being a
member of the Council under any provisions of this Act
or any other Act relating to corrupt or illegal practices; or

('g) holds or is acting in any public office; or

(h ) belongs to any of the Armed Forces of the
Crown or to the Police Force; or

(i) subject to any exemptions or limitations
prescribed by the Legislature, has any such interest in
any such contract with the Council as may be so
prescribed; or

@ ceases to be a Commonwealth citizen; or

(k) is a minister of religion.

7. If any elected member of the Council is absent from fp:titure of
any three consecutive meetings of the Council without the
leave of the Chairman, or is absent from Antigua and
Barbuda for more than sixty days without such leave, or
if any circumstances arise that, if he were not such a member,
would cause him to be disqualified for election, he shall cease
to be a member and his seat shall thereupon become va-
cant; and the Chairman shall without undue delay inform
the Minister and the Supervisor of Elections in writing of
the vacancy.

8. Any member of the Council may resign his seat of
by writing under his hand addressed to the Chairman or,
in the case of the Chairman, by writing under his hand
addressed to the Secretary.

9. (1) Should a vacancy arise among the elected :;:$;d
members of the Council, whether through death, resigna-
tion or any other cause a by-election for the purpose of filling

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the vacant seat shall be held on such date as the Governor-
General may appoint under paragraph (c) of subsection ( 1 )
of section 13.

( 2 ) Upon the holding of a by-election to fill a vacancy
as in subsection ( 1 ) provided, the member elected in such
by-election shall hold his seat in the Council for so long only
as the member whose place he has filled would have held
such seat had such vacancy not occurred.

Supervisor of
Elections.

10. ( 1 ) The Governor-General shall appoint some fit
and proper person to be Supervisor of Elections.

( 2 ) The Supervisor of Elections shall have charge of and
exercise general supervision over the conduct of elections.

Returning
Officers etc.

1 . The Supervisor of Elections may appoint such
Returning Officers, Presiding Officers and Poll Clerks as
may from time to time be necessary for the conduct of
elections.

Electoral lists. 12. (1) The register of electors for an election shall
be the register used for the purpose of the election to the
House of Representatives of the member for the constituen-
cy of Barbuda.

( 2 ) Any person whose name appears on the said register
shall be entitled to vote in the election of a member to the
Council.

Elections. 13. ( 1 ) The Governor-General shall fix a date for the
holding of-

( a ) the first election under this Act;

( 6 ) an election for the purposes of subsections (1)
and (2) of section 14;

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(c) a by-election following upon a vacancy among
the elected members of the Council, so however that
such date shall not be more than five weeks after the
vacancy arose; and

(d) any election following upon a dissolution of the
Council; provided that such date shall not be more than
eight weeks after the said dissolution.

(2) When a date has been fixed by the Governor-
General pursuant to subsection (1) for the holding of an elec-
tion the Supervisor of Elections shall without delay cause
notices announcing the same to be published in the Gazette
and posted on the outer doors of the office of the Council,
and of any church with the permission of the Minister in
charge thereof, and of any police station and Government
School, and in any other conspicuous places he shall think
fit for a period of at least ten days before the date fixed for
such election.

(3) Ten days before the date fixed for an election or
by-election the Returning Officer shall attend at ten o'clock
in the morning until one o'clock in the afternoon of the same
day at the office of the Council and shall receive the nomina-
tions of persons qualified for election as members of the Coun-
cil. Each candidate shall be proposed and seconded by at
least two duly registered voters.

(4) If at one o'clock in the afternoon the number of
candidates who have been validly nominated are equal to
or less than the number of seats to be filled, the Returning
Officer shall as soon as possible thereafter publicly declare
those candidates to be duly elected and shall immediately
notify the results of such election in writing to the Super-
visor of Elections, and to the Secretary in any case where
the Secretary is not himself the Supervisor of Elections.

( 5 ) Where, pursuant to subsection (4) the notification
to the Supervisor of Elections is to the effect that after declar-
ing those candidates validly nominated to be duly elected,

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a number of seats still remain to be filled, a fresh election
shall be held on such date as the Governor-General may
appoint, within a period of five weeks from the date on which
the previous election had been fixed to take place, for the
purpose of electing to the Council a sufficient number of
candidates to fill the vacant seats. If at such fresh election
the said seats still remain unfilled, the Governor-General shall
appoint persons duly qualified for membership of the Council
to fill the vacant seats and such persons shall be deemed to
be elected members of the Council.

(6) If there shall be more candidates validly nominated
than the number of seats to be filled, a poll shall be taken
and in such case the Returning Officer shall adjourn the tak-
ing of the poll to the date which was fixed for the holding
of the election.

(7) O n the date fixed for the election under the provi-
sions of this section, the Presiding Officer shall attend at
the place set apart for such election, and there between the
hours of seven o'clock in the mornina and six o'clock in the -
afternoon, he shall receive and record the votes of those duly
qualified to vote at such election:

Provided that the Supervisor of Elections may, if he con-
siders it desirable so to do, establish several polling stations
each with its own Presiding Officer.

(8) Voting shall be by secret ballot and as soon as pos-
sible after the close of the polls the Returning Officer shall
count the votes validly cast; the candidates or their duly
authorised agents, not being more than one for each absent
candidate, being then present if they so elect. The Return-
ing Officer shall then publicly declare the persons having
the largest number of valid notes to be duly elected members
of the Council according to the number of seats to be filled.

(9) Whenever there is an equality of valid votes between
two or more candidates, the Returning Officer shall make
a special return of the results of the election to the Secretary,
and the Council shall have the right by resolution to choose
one of such candidates to be the member of the Council.

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(10) The procedure for the election of a member in a
by-election shall be the same as for an ordinary election.

14. (1) At the expiration of a period of two years after Retirement, re-
election and

the first election under this Act, the four members elected tenure of office
by the smallest number of votes shall retire from office but zl:i::
shall be eligible for re-election and an election shall be held
on such date as the Governor-General may appoint within
a period of eight weeks from the date of retirement of the
members for the purpose of filling the seats left vacant by
the said members.

(2) The next election under this section shall take place
at the expiration of two years after the election held pur-
suant to subsection (I), when the five elected members who
had hitherto not retired shall retire from office but shall be
eligible for re-election; thereafter, subsequent elections shall
be held at regular intervals of two years between each elec-
tion, and the members shall retire in rotation at each alter-
nate election in groups of four or five as may be appropriate,
so however that each retiring group of members shall always
be eligible for re-election.

(3) Subject to the provisions of subsection (1) the tenure
of office of an elected member of the Council shall be four
years.

15. The Council may at any time be dissolved at its Dissolution of the
Council.

own request signified by a resolution supported by a two-
thirds majority of its members.

16. The Cabinet may make rules to regulate the con- Rules.
duct of elections under this Act, and until such rules have
been made, the Elections Rules contained in the First
Schedule to the Representation of the People Act, shall app- Cap. 379.
ly mutatis mubndis to elections and by-elections held under
this Act.

17. (1) A petition complaining of an undue return Election petitions.
or undue election of a member of the Council (in this sec-
tion called an election petition) shall be presented and dealt
with mutatis mutandis in accordance with Part I11 of the
Representation of the People Act. Cap. 379.

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( 2 ) An election petition may be presented by any one
or more of the following persons, that is to say-

( a ) some person who voted or had a right to vote
at the election to which the petition relates;

( b ) some person claiming to have been a candidate
at such election.

Functions and Powers of the Council

Functions, powers 1 ( 1 ) The Cabinet may, save as respects the matters
and duties of
Council. and things specified in subsection ( 2 ) of this section, give

general or special directions to the Council as to the policy
the Council should follow in the exercise of the powers and
functions of the Council under this Act or any other law.

( 2 ) In the exercise by the Council of its powers and func-
tions under this Act it shall be the responsibility and duty
of the Council-

( a ) to administer agriculture and forestry;

( b ) to administer public health, medical and
sanitary facilities and services;

(c) to administer and regulate the provision of elec-
tricity and water services and other public utilities;

(d) to construct, improve and maintain roads;

(e) to raise and collect revenue pursuant to the pro-
visions of this Act to enable the Council to meet expenses
necessarily incurred or to be incurred in the performance
of its powers and functions under this subsection except
to the extent that financial provision in that behalf may
be made from time to time by Parliament.

(3) Subject to the provisions of subsection (1) of this
section, it shall be the general duty of the Council-

(a) further to the provisions of subsection ( 2 ) (e)
of this section, to provide for the collection and expen-
diture for the benefit and improvement of Barbuda of

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all monies authorised by law to be raised for that pur-
pose; and

(6) to enforce the provisions of this Act.

(4) Subject to the provisions of subsection (1) of this
section and without prejudice to the generality of the other
provisions of this section, it shall, further to the provisions
of subsection (2) of this section, be the duty of the Council-

(a) to improve and maintain public buildings,
wharves and harbour facilities;

(b) to promote hotel and tourist development in
accordance with and subject to any law relating to the
alienation of land, foreign investment or tax incentives;

( 6 ) to administer fisheries;

(d) to arrange for the protection and care of public
buildings;

(e) to apply the net amount of all monies collected,
in paying all expenses incurred by the Council under
this Act or any other law, and also in repairing, cleans-
ing, draining and otherwise maintaining in good order
such roads and other public places, such water works,
buildings and works, as may belong to the Council or
as may from time to time be transferred to it, and also
in payment of any other expenditure required by this
Act or any other law;

(f) to keep accounts of all assessments made and
monies collected and disbursement paid by the Council;

(g) to deliver copies or abstracts of all such
accounts, at least once each year, to the Director of Audit
who shall forthwith forward to the Minister one copy
thereof, and the Minister shall within one month of the
receipt of the same lay it before the House of
Representatives;

(h) to make detailed lists of houses and lots of land
in Barbuda, and of the owners and occupants thereof,
and to deliver copies thereof to the Minister;

(1) to perform such other duties as may be required
under this Act or any by-laws made thereunder.

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Power to make
by-laws.

(5) Where in the opinion of a relevant authority the
co-operation and assistance of the Council would facilitate
the implementation or execution of any public business that
is the responsibility of that relevant authority under and by
virtue of the Constitution, this Act or any other law, it shall
be lawful for the relevant authority to consult the Council
in the matter and, in that event, the Council shall render
all possible assistance to the relevant authority in the im-
plementation or execution of such public business.

(6) Where in the opinion of the Council the co-operation
and assistance of a relevant authority are required to enable
the Council to discharge any of its powers, functions or duties
under this Act, it shall be lawful for the Council to consult
with that relevant authority in the matter and, in that event,
the relevant authority shall render all possible assistance to
the Council in the discharge of such powers, functions or
duties.

(7) In this section, "relevant authority" means a
Ministry or Department of the Government and any
authority or body established under and by virtue of the Con-
stitution, this Act or any other law.

19. (1) The Council shall have power to make by-
laws, which shall be authenticated by the signatures of the
Chairman and the Secretary, with respect to the following
matters-

(i) the times and mode of convening meetings,
the attendance of members and the form and
order of debates thereat, the appointment and
constitution of committees, the regulation of
the proceedings of committees, and the con-
duct of the business of the Council and its
committees;

(ii) the naming, cleaning regularly, and width of
streets and roads and the maintenance of such
village or minor roads or other roads placed
under the control of the Council;

(iii) the management and removal of sewerage mat-
ter and the suppression, abatement, removal
or discontinuance of any nuisance;

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(iv) the collection and removal of household refuse
from premises, and the cleanliness of public
places or places of public resort;

(v) the keeping of animals, birds, and beasts, and
the destruction of insects as well as the impor-
tation and exportation of livestock, and the
number and kinds thereof allowed to be kept
by any one person;

(vi) establishing and regulating pounds and pro-
viding for the imposition of pound fees;

(vii) establishing and regulating markets and
slaughter-houses and regulating market dues
and the fees for fairs, sales, and the hawking
of livestock, produce or any goods whatsoever;

(viii) the slaughtering of animals whose flesh is
intended to be offered for sale for food, and
the inspection and sale of livestock, meat, fish,
vegetables and other food-stuffs and of liquids
intended for human consumption;

(ix) the establishment and regulation of public bath
houses, public washing places and public con-
veniences and other sanitary matters;

(x) the siting, regulation and upkeep of public
cemeteries and the imposition of fees for the
opening of graves, interments and the erec-
tion of monuments in such cemeteries;

(xi) the construction of buildings to be used as
cinemas, the licence fees to be paid for the same
and for public enter tainment and
performances;

(xii) the management and control of public cultural
institutions, public parks and other places of
public recreation;

(xiii) regulating the storing and sale of dangerous
or inflammable substances;

(xiv) the provision of guides for tourists and the
prevention of annoyance to tourists by beg-
gars and idlers;

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(xv) the provision of water tanks or other recep-
tables for the collection and storage of rain
water on any premises whether the same be
in existence or are intended to be erected;

(xvi) regulating any other public utilities which may
from time to time be established by the Coun-
cil or be handed over to the Council by the
Government, by any other organisation, or by
any person; and the levying and collection of
fees, rates and charges therefor;

(xvii) regulating traffic on streets and roads subject
to the provisions of the Vehicles and Road
Traffic Act and of any regulations made
thereunder;

(xviii) the control of and the imposition of fees, rates
and taxes on-

(a) mobile refreshment vans and carts;

(b) itinerant traders and vendors;

(c) aerated water factories;

(d) restaurants and other eating places;

(xix) the regulation and control of unoccupied
building lots;

(xx) the levying and collecting of rates and taxes
on all buildings and land in the Island save
and except buildings and land vested in Her
Majesty the Queen for the purposes of the
Government;

(xxi) provision grounds;

(xxii) protection against fire;

(xxiii) prohibition and restriction of importation of
cotton seed from the Island of Antigua;

(xxiv) infectious diseases;

(xxv) wood cutting and charcoal burning and lime
burning;

(xxvi) shooting deer and other game;

(xxvii) dog, boat and livestock licences;

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(xxviii) liquor licences;

(xxix) tanning and other industries;

(xxx) highways and enclosures;

(xxxi) coasting trade;

(xxxii) fishing;

(xxxiii) the purchase and sale of hides and meat,
cotton, corn and crops generally;

(xxxiv) lighting;

(xxxv) the height to which the ground of buildings
shall be raised above the ground;

(xxxvi) the minimum size and the ventilation of each
room in a dwelling house, and the number of
persons who may inhabit such dwelling house;

(xxxvii) the area or space to be secured around each
building;

(xxxviii) the line of buildings abutting or otherwise on
any highway or path;

(xxxix) the numbering of buildings and building lots,
the structure and material of walls, founda-
tions, and roofs of new buildings, the method
of repairing or rebuilding old buildings with
special regard to the materials used in such
repairs, and the closing, removal or demoli-
tion of old or dangerous buildings.

(2) Notwithstanding the provisions of the Public Utilities Cap. 359.
Act, the Council may make by-laws with respect to the follow-
ing matters-

(a) regulating the supply and distribution of water
for sanitary, domestic and business purposes to any
premises in the island;

( 6 ) preventing the waste and pollution of such
water;

(c) regulating the supply and distribution of elec-
tricity to any premises in the island;

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CAP. 44) Barbuda Local Government

Borrowing
powers of
Council.

(d) the imposition of rates for the supply of water
and electricity to any premises, the collection of such
rates, and the method of recovery of arrears of rates
from persons who have defaulted in payment thereof.

(3) By-laws made under this section and duly published in
the Gazette shall have full force and effect within Barbuda,
but except where specifically or by necessary implication pro-
vided under this Act or any other law from time to time
in force in Antigua and Barbuda shall only operate in addi-
tion to and not in derogation of any other law of Antigua
and Barbuda or of any power conferred by any other law
upon any person or authority and exercisable with respect
to Antigua and Barbuda:

Provided that before the Council makes a by-law under
this section it shall cause a copy of the proposed by-law to
be published in three successive issues of the Gazette.

(4) By-laws made under subsection (1) may provide for
any infringement thereof or failure to comply therewith a
penalty not exceeding two hundred and fifty dollars or three
months imprisonment on summary conviction.

(5) Subject to subsection (2) every by-law, being con-
sistent with the provisions of this Act, and not repugnant
to any law in force in Antigua and Barbuda shall have the
force and effect of the law.

(6) By-laws made under this section shall bear the cap-
tion "A Barbuda By-law".

(7) The power conferred on the Council by this section
to make by-laws shall include the power to amend or revoke
existing by-laws.

20. (1) Subject to the provisions of subsection (2) of
this section, with the sanction of the Cabinet and a resolu-
tion of Parliament, the Council may borrow, on such terms
and on such security as the Cabinet shall deem fit, any sum
or sums of money for the purpose of exercising or perform-
ing any of the functions or duties of the Council under this
Act or any other law.

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(2) Where for the purpose specified in subsection (1)
of this section the Council proposes to approach any person,
body or authority outside h t i g u a and Barbuda for the
purpose of borrowing or otherwise obtaining any sum or sums
of money for financial aid or assistance for Barbuda, the
Council shall, in the first place, inform the Cabinet of the
proposal and if, in the opinion of the Cabinet, the proposal
does not adversely affect the constitutional or legal respons-
ibilities of the Government or its relations with other Govern-
ments, the Cabinet shall so inform the Council and thereafter
the Council may make the approach; otherwise the approach
shall not be made.

21. (1) The Council may, with the sanction of the Power to acquire
land etc.

Cabinet, acquire by lease or purchase lands and buildings
for any purpose of public utility, and in particular for the
purpose of water works, markets, streets, roads, parks and
places of recreation.

(2) The Council may accept, hold and administer any
gift or property for any public purpose, or for the benefit
of the inhabitants of Barbuda or any part thereof and may
execute any works (including works of maintenance and
improvement) incidental to or consequential on the exercise
of the powers conferred under this subsection.

Financial

22. (1) All monies due to the Council shall be paid :;;l:;;zdto be
to the Secretary and shall be placed in a Deposit Account for.
maintained for this purpose at a bank approved by the
Cabinet.

(2) All monies in the Deposit Account in excess of that
required to meet approved expenditure for any year shall
be paid to the Accountant General to be lodged in a Special
Account at the Treasury.

(3) All payments from the Deposit Account shall be
made under the written authority of the Secretary counter-
signed by the Chairman, or in the absence of the Chairman
by the Deputy Chairman or some other member duly
authorised by resolution of the Council for that purpose.

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20 CAP. 44) Barbuda Local Government

Use of money in
Special Account. 23. Where any money has been lodged in the Special

Account at the Treasury referred to in subsecion (2) of sec-
tion 22 of this Act then, subject to subsection (3) of that sec-
tion and with the approval of Parliament, that money shall
be used and applied by the Council for the following pur-
poses and no other, that is to say-

(a) defraying deficits on annual estimates of
revenue and expenditure of the Council as well as deficits
on accounts of annual revenue and expenditure of the
Council not included in the annual estimates but aris-
ing out of transactions relating to any power, function
or duty of the Council under this Act or any other law;
and

(b) defraying deficits on accounts of the Council
for capital projects proposed by the Council in pursuance
of the powers, functions and duties of the Council under
this Act or any other law.

Sources of
revenue.

Cap. 162.

Cap. 158.

Cap. 434.

Cap. 431.

Cap. 430.

Cap. 470.

Cap. 249.

Cap. 205.

Cap. 146.

24. (1) Notwithstanding the provisions of the laws
specified in subsection (2) as regards the persons by whom
the various charges, duties, dues, licence fees, taxes, levies,
or imports therein mentioned and by whatever name called
are to be collected, or to whom they are to be paid, the Coun-
cil is hereby authorised to collect for its own use the aforesaid
taxes and other dues imposed by the said laws in respect
of transactions carried out within the Island.

(2) The laws referred to in subsection (1) are-

(a) The Export Duty Act

(6) The Excise Act

(c) The Trade Licences Act

(6) The Tonnage Duties Act
(e) The Tobacco Control Act

y> The Weights and Measures Act
(g) The Licensing (Intoxicating Liquor) Act

(h) The Hotels Tax Act

(2) The Embarkation Tax Act

LAWS OF ANTIGUA AND BARBUDA

Barbuda Local Government (CAP. 44

Q The Vehicles and Road Traffic Act Cap. 460.

(3) Other sources from which the Council may derive
revenue shall include-

(a ) monies from the sale, rental, lease or mortgage
of all properties vested in the Council:

Provided however that the Council shall not have power
to sell any land vested in it except with the consent of
the Cabinet;

(6) any vote, contribution, or grant in aid of
administration made to the Council from time to time
by the Government.

(4) The Council after consultation with the Minister
of Finance, may submit to the Minister by way of resolu-
tion duly passed by the Council, recommendations for the
imposition of new forms of taxation; and whenever the
Minister shall approve of any such recommendations, he shall
without delay seek approval of the Cabinet for the passage
of the necessary legislation authorising the Council to make
by-laws to give effect to the recommendations.

25. (1) Estimates of revenue and expenditure for any Estimates.
year shall be prepared annually by the Council and submit-
ted to the Minister before the thirty-first day of July in the
preceding year for the approval of Parliament.

(2) The estimates for any year submitted pursuant to
subsection (1) of this section shall show under separate heads
for the several services required the total sums proposed to
be expended for the purposes of the exercise by the Council
of its powers and functions under this Act or any other law
whether or not the Cabinet may, under this Act or any other
law, be empowered to give general or special directions to
the Council as to the policy the Council should follow in
the exercise of those powers and functions.

(3) If in the opinion of the Council the estimates sub-
mitted pursuant to subsection (1) of this section should be
varied after the estimates have been approved by Parliament,
the Council may, not later than three months after such

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 44) Barbuda Local Government

Provision of
services to
Council by
Government.

Accounts.

Remission of
Fees etc.

Property of
Council.

approval, submit to the Minister for the approval of Parlia-
ment applications in writing for the estimates to be varied
specifying in those applications the reasons for and the nature
and extent of the variations.

26. Where the Government makes available to or pro-
vides services in and for Barbuda pursuant to the provisions
of this Act. it shall be the dutv ofthe Council to contribute
to the revenue of the Government by paying the total cost
of and for such services into the general revenue; such costs
to be determined by Cabinet with the concurrence of the
Council.

27. (1) The Council shall prepare and submit to the
Director of Audit and to the Ministry of Finance in the month
of March in every year a Financial Statement in duplicate
of its accounts for the previous year.

(2) After the completion of the audit the Director of
Audit shall report thereon and shall send a copy of his report
to the Minister and to the Council respectively. The Minister
shall cause his copy of the report to be laid before the House
of Representatives as soon as possible after he has received
the same and the Council shall consider the report at its next
meeting or as soon as practicable thereafter.

(3) The Accounts of the Council shall be open at all
times for inspection by the Director of Audit, any member
of his staff, or any member of the Council.

28. The Council may authorise for good cause the
remission of any fees or other charges imposed under the
provisions of this Act or any by-laws made thereunder.

29. (1) All rents, fees, charges or other monies what-
soever receivable by or payable to the Council shall be
deemed to be the property of the Council.

(2) All property whether movable or immovable, real
or personal belonging to the Council shall be vested in the
Council.

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Barbuda Local Government (CAP. 44 2 3

(3) In any civil or criminal proceedings in respect of
any monies or other property whatsoever belonging to the
Council, it shall be sufficient to describe the same as being
the monies or property of the Barbuda Council.

PART VII

Secretary, Other Staff, and Public OffiGers

30. (1) There shall be a Secretary of the Council who Secretary and
shall be appointed by the Council. other staff of the Council.

(2) The Secretary and other staff of the Council who
are appointed by the Council shall be solely responsible to
the Council in the performance of their functions and duties
under this Act.

(3) It shall be lawful for the Council to appoint as
members of the staff of the Council persons who are not public
officers.

(4) The payment of salaries of the Secretary and other
members of the staff of the Council appointed under this
section shall, subject to such financial provision as may be
made in that behalf by Parliament from time to time, be
the responsibility of the Council.

3 1. (1) Where the Council desires the services of any Public Officers.
public officer on their staff, the Council may make a direct
request to the Public Service Commission for the appoint-
ment of such public officer and thereupon the Public Ser-
vice Commission shall notify the Secretary to the Cabinet
of that request.

(2) Before making any appointment pursuant to this
section, the Public Service Commission shall consult the
Council.

(3) Public Officers appointed pursuant to this section
whose duties include supervisory or executive functions in
respect of any duties imposed on the Council by this Act
or any other law shall be directly responsible to the Council
during such time as they may be performing such duties.

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24 CAP. 44) Barbuda Local Government

Duties and
Powers of
Secretary.

32. (1) The Secretary who shall be the Chief
Executive Officer of the Council shall be responsible to the
Council in the performance of his duties as such. He shall
have all such powers and perform all such duties as may
be conferred or imposed on him by this Act or any other
law, or by any by-law of the Council.

(2) The Secretary shall-

(a) maintain a vote book in which shall be entered
all receipts and payments in accordance with the entries
made in the Deposit Account of the Council;

(6) prepare and submit to the Minister-

(i) the annual estimates of revenue and expen-
diture approved by the Council; and

(ii) any application for variation of those estimates
pursuant to subsection (3) of section 25 of this
Act;

(6) make all necessary arrangements for the holding
of meetings of the Council and committees thereof;

(d) attend all meetings of the Council and every
committee thereof and keep the minutes at all such
meetings.

Casual workers. 33. The Council may employ directly such casual
workers as may be required to carry out the functions for
which it is made responsible by this Act or any other law,
and shall be liable for the payment of their wages.

PART VIII

Council Meetings and Procedure Thereat

Meetings of 34. (1) The Council shall meet at least once in each
Council. quarter, and at such times as may be fixed by by-laws of

the Council or when convened by the Chairman. Commit-
tee meetings of the Council shall be held at such times as
the Secretary or the Chairman of such committees shall deem
necessary.

LAWS OF ANTIGUA AND BARBUDA

Barbuda Local Gouernrnent (CAP. 44 2 5

(2) All meetings of the Council shall be open to the
public except that the Chairman may order the removal of
any person or persons for disorderly conduct or obstruction
of the proceedings of the Council.

(3) If any five members of the Council present to the
Chairman a request in writing that the Council should be
convened for the consideration of some particular matter,
it shall be the duty of the Chairman to have the Council
convened accordingly without delay.

(4) Six members shall form a quorum at any meeting
of the Council.

35 . (1) Subject to section 15 every question before decisions Majority and
the Council or any committee thereof shall be decided by
a majority of the votes of the members present and voting
thereon.

(2) In any matter to be decided by a vote at a meeting
of the Council or a committee thereof, the Chairman of the
Council or of the Committee, as the case may be, shall have
an original vote and, in the event of an equality of votes,
he shall have a second or casting vote.

36. The proceedings of the Council or of a commit- validity proceedings. of
tee thereof shall not be invalidated by reason of any vacancy
in the membership thereof (including any vacancy not filled
when the Council is first constituted or is reconstituted at
any time), and any proceedings therein shall be valid not-
withstanding that some person who was not entitled to do
so sat or voted.

37. If any member of the Council or of any commit- E;,",,bz pecuniary
tee thereof has any pecuniary interest, direct or indirect, by
himself or his partner in any contract, proposed contract or
other matter, and is present at a meeting of the Council or
a committee at which the matter is to be considered, he shall
at that meeting disclose the fact of his interest and shall not
take part in any consideration or discussion of such matter
nor vote on any question with respect thereto; and shall
withdraw from the meeting during such consideration or
discussion.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 44) Barbuda Local Government

Committees. 38. (1) At its first meeting in each year, the Council
shall appoint a Finance Committee, a Works and General
Purposes Committee and a Health and Social Welfare Com-
mittee. A member of the Council may be appointed to more
than one committee.

(2) The Council may appoint such other committees
as it may think fit for any general or special purposes.

(3) The Council may delegate to a Committee so
appointed, with or without conditions or restricitons as it
thinks fit, any functions exercisable by the Council other than
the power to make by-laws, raise revenue, approve the annual
estimates or borrow money.

Assessments

Power of entry 39. (1) Any servant or agent of the Council may at
to assess premises
for rates and all reasonable hours in the day time and after giving not
taxes. less than twenty-four hours notice enter into any building

or lot a land for the purpose of assessing the same for water
or electricity rates, or for house or land taxes.

(2) Every person who assaults, impedes, obstructs or
hinders any servant or agent of the Council in the discharge
of his duty under this section shall be guilty of an offence
against this Act; and any proceedings instituted against any
such offender shall be taken in the name and at the instance
of the person assaulted, impeded, obstructed or hindered as
aforesaid, anything in this Act to the contrary
notwithstanding.

Land and House 40. (1) The Council may by by-laws impose taxes
Taxes. in respect of houses and land in the Island.

(2) The said taxes shall be paid by the owners or
attorney of the owners of such houses and land, and if the
owners are not known, by the tenants or occupiers of the
said houses and land.

Notice of 41. Seven days prior to any assessment being made,
assessment. the Secretary shall give notice to all persons liable to assess-

ment to attend at a time and place to be named for the making

LAWS OF ANTIGUA AND BARBUDA

Barbuda Local Government (CAP. 44 27

of such assessment, and he shall also post up a like notice
at the office of the Council, the police station and any other
conspicuous place in the Island.

42. (1) The Secretary shall enter or cause to be Assessment 2nd
service thereof.

entered in a book or books to be kept for that purpose, the
name of every person who shall be assessed to taxes or rates,
the description of property in respect of which he is assessed,
and the amount of such assessment, and shall sign the same
and furnish each person so assessed with a copy of the entry
regarding himself.

(2) Service of a copy of an entry in the assessment book
in relation to any person may be effected by leaving the same
at his usual place of abode or with some person on or at
the property in respect of which the assessment was made,
and this shall be deemed to be a sufficient demand for the
payment of the rate or sum assessed.

(3) The Secretary shall post up a copy of the said assess-
ment list at the office of the Council.

43. The taxes imposed under the authority of sec- Land and house
taxes how

tion 40 in respect of houses or land shall be paid to the recoverable.
Secretary, and in default of payment on the due date, the
procedure specified in sections 41 to 45 inclusive of the Pro- Cap. 348.
perty Tax Act shall mutatis mutandis apply for the purpose
of the recovery of the said taxes under this Act.

44. Where no agreement between landlord and tenant P,";:," yny?*
exists to the contrary, any tenant paying land or house tax house tax from
under this Act is hereby a"thorised;o'de&ct such taxes from rent.
any rent payable by him in respect of the house or land,
and in the event of any action being brought by the landlord
for the recovery of such rent from any such tenant, the court
before which the action is brought shall allow the tenant the
amount of the rent so paid.

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2 8 CAP. 44) Barbuda Local Government

Miscellaneous

Allowances to 45. (1) With the concurrence of the Cabinet the
members of
Council. Council may pay its members either fixed monthly

allowances, or a variable allowance based on attendance at
meetings of the Council.

( 2 ) The receipt of an allowance as in subsection (1) of
this section provided shall not be deemed to make the receiver
thereof the holder of a public office or a party to a contract
with the Government or with the Council for the purpose
of disqualifying such persons for membership of the House
of Representative or of the Senate or of the Council.

Offences.

Omnibus
penalty.

46. Any person who-
( a ) wilfully obstructs, molests or hinders any

member of the Council or any authorised servant or
agent of the Council in the execution of the duties of
the Council under this Act; or

( b ) being the occupier of any premises prevents the
owner of such premises from complying with any lawful
requirements of the Council; or

(c ) being the occupier of any premises, and being
aware of the name and address of the owner of such
premises or his agent on demand wilfully refuses to give
or mis-states the name or address of the owner of such
premises or of the agent of such owner,

shall be guilty of an offence against this Act and shall be
liable on summary conviction thereof to a fine not exceeding
five hundred dollars or to imprisonment for a term not
exceeding three months.

47. (1) Any person who commits any offence against
this Act for which no penalty has been specifically provided
shall in respect of each such offence be liable on summary
conviction therefor to a fine not exceeding five hundred
dollars or to a term of imprisonment not exceeding three
months; and in the case of a continuing offence to a further
penalty of ten dollars in respect of each day during which
the offence continues.

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Barbuda Local Government (CAP. 44 29

(2) If any person infringes or fails to comply with the
provisions of any by-laws made by the Council which does
not provide a penalty for such infringement or failure to com-
ply as aforesaid, such person shall be guilty of an offence
and shall be liable on summary conviction thereof to a fine
not exceeding two hundred and fifty dollars, or to imprison-
ment for a term not exceeding one month.

48. For the purposes of the election held on the 22nd special provisioll
as to the election

day of March, 1979, the provisions of subsection (2) of of chairman for
section 4 shall apply as if the times specified therein for the purposes of
election of the Chairman and a Deputy Chairman were the 2,":;: pgn?iyd
meeting of the Council held next after the Barbuda Local
Government (Amendment) Act 1979 came into force. 611979

SCHEDULE Section 2,19(7)

Existing By-Laws

The Barbuda (Bell Village) By-Law.
The Barbuda (Codrington Village) Building By-Law.
The Barbuda (Cutting of Wood) (Prohibition) By-Law.
The Barbuda (Lease of Government Buildings, and Cutting

of Fire-wood) By-Law.
The Barbuda Licences and the Importation and Keeping of

Livestock By-Law.
The Barbuda (Shooting and Fishing) By-Law.
The Barbuda Trade and Liquor Licences By-Law.
The Barbuda (Working and Upkeep of Provisions Grounds)

By-Law.
Read Entire Law on laws.gov.ag