Caribbean Examinations Council (CAP. 70 1

CHAPTER 70

THE CARIBBEAN EXAMINATIONS COUNCIL ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation
3. council to be a body corporate.
4. Acceptance of the Agreement.
5. Privileges of the Council.
6. Financial provisions for giving effect to the Agreement.
7. Restrictions of use of name.
4. Arbitration.
9. Amendment of the Schedule and consequential matters.

10. Exemption from provisions of Non-Citizens Land
Holding Regulation Act.

SCHEDULE.

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Caribbean Examinations Council (CAP. 70 3

CARIBBEAN EXAMINATIONS COUNCIL

AN ACT to provide for the implementation of an Agree-
ment for the operation of the Caribbean Examinations
Council and to give effect to the provisions of the Agree-
ment, to provide for the establishment of the Caribbean
Examinations Council as a statutory corporation in Antigua
and Barbuda, and for matters connected therewith or
incidental thereto.

(1st January, 1986.)

1. This Act may be cited as the Caribbean Examina- Short title.
tions Council Act.

2. In this Act- Interpretation.

"Agreement" means the agreement for the establish-
ment of the Caribbean Examinations Council set
out in the Schedule; Schedule.

"Council" means the .Caribbean Examinations Council.

3. The references in Article VIII of the Agreement Council to he a
body corporate. that the Council shall possess full juridical personality shall

be construed as meaning that the Council shall be a body
corporate with perpetual succession and a Common Seal with
power to enter into contracts, to acquire, hold and dispose
of movable and immovable property, to sue and be sued
in its corporate name and to do all things necessary for the
purpose of this Act.

4. Subject to the provisions of this Act, the Council ?g$zof the
as organised in the Agreement is hereby established.

5 . The Council shall be entitled to the following E2;k5r of the
privileges-

(a ) any direct imports for the purpose of the Coun-
cil shall be exempt from duty;

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4 CAP. 70) Caribbean Examinations Council

(6) the Council shall be entitled to the same facilities
relating to postal franking as any Government Depart-
ment in respect of its mail to any of its agencies; and

(c) officers and servants of the Council shall be
entitled to engage in any official duty within Antigua
and Barbuda without work permits.

Financial
provisions for

6. ( 1 ) There shall be paid out of the Consolidated
giving effect to Fund on the Warrant of the Minister all payments required
the Agreement. to be made from time to time to the Council for the pur-

poses of meeting the obligations of Antigua and Barbuda
under the Agreement and such payments are hereby charged
on the Consolidated Fund.

( 2 ) Any sums received by the Government from the
Council pursuant to the Agreement shall be paid into the
Consolidated Fund.

Restrictions of
use of name.

7. (1) Except with the written consent of the Minister
no person shall use the name "Caribbean Examinations
Council" or any name so nearly resembling it as to be likely
to deceive, in connection with any trade or business.

(2) Any person who contravenes subsection ( 1 ) is guilty
of an offence and is liable on summary conviction to a fine
of one thousand dollars and to imprisonment for twelve
months.

Arbitration. 8. If any dispute arises between the Council and the
Government of Antigua and Barbuda such dispute shall be
submitted to arbitration in such manner as may be agreed
to by the Governments of the Territories who are parties
of the Agreement and accordingly the provisions of the

Cap. 33. Arbitration Act shall not apply to such dispute.

Amendment of
the Schedule and

9. ( 1 ) Where any amendment to the Agreement is
consequential accepted by the Government of Antigua and Barbuda the
matters. Minister may, by Order published in the Gazette, amend the

Schedule in accordance with such amendment.

( 2 ) Any Order made under subsection ( 1 ) may contain
such consequential, supplementary or ancillary provisions
as may appear to the Minister to be necessary or expedient

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Caribbean Examinations Council (CAP. 70 5

for the purpose of giving due effect to such amendment and
without prejudice to the generality of the foregoing matters,
may contain provisions amending references in this Act to
specific provisions of the Agreement.

(3) Any Order made under subsection (1) shall be sub-
ject to negative resolution of the House.

(4) Where the Schedule is amended pursuant to subsec-
tion (I) , any reference in this Act or in any other written
law shall, unless the context otherwise requires, be construed
as a reference to the Agreement so amended.

10. The provisions of the Non-Citizens Land Holding ~~~~~~m
Regulation Act do not apply to the Council. Non-

Citizens Land
Holding
Regulation Act.
Cap. 293.

SCHEDULE

AGREEMENT ESTABLISHING THE CARIBBEAN
EXAMINATIONS COUNCIL

THE PARTICIPATING GOVERNMENTS:

RECOCNISING the decision of the Second Conference of Heads
of Government of Commonwealth Caribbean Countries held in
Jamaica in January, 1964, that the setting up of a Caribbean
Examinations Council was a fit and proper subject for regional
cooperation;

CONSCIOUS of the need for the institution of a new system
of examinations for the Area under the aegis of the Conference;

ARTICLE I

INTERPRETATION

In this Agreement, unless the context otherwise requires-

"Area" means the following Territories the Governments of
which are Participating Governments-

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(a) Antigua and Barbuda Guyana

Bahamas Jamaica

Barbados Montserat

Belize St. Kitts-Nevis-Anguilla

British Virgin Islands St Lucia

Cayman Islands St Vincent

Dominica Trinidad and Tobago

Turks and Caicos Islands; and

(6) any other Territory in the Caribbean;

"Article" means an Article of this Agreement;

"Council" means the Caribbean Examinations Council
established by Article 11;

"National Committee" means a committee established under
Article IX;

"Participating Governments" means the Governments which
are from time to time parties to this Agreement;

"School Examinations Committee" means the School
Examinations Committee appointed by the Council in
accordance with Articles I11 and X.

ARTICLE I1

ESTABLISHMENT AND CONSTITUTION

1. The Council is hereby established and shall consist of
the following members:

(a) the Vice-Chancellor of the University of the West
Indies;

( b ) the Vice-Chancellor of the University of Guyana;

(c ) (i) three representatives of the University of the
West Indies appointed by the Vice-Chancellor
of the University of the West Indies regard being
given to the geographical dispersion of the
campuses;

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(ii) one representative of the University of Guyana
appointed by the Vice-Chancellor of the Univers-
ity of Guyana;

(4 (i) two representatives appointed by each of the Par-
ticipating Governments of Barbados, Guyana,
Jamaica and Trinidad and Tobago and one
representative appointed by each of the other Par-
ticipating Governments;

(ii) one representative of the teaching profession
appointed by each National Committee from
among its members.

2. (a) a member of the Council appointed under
paragraphs l(c) and (d) of this Article shall subject to
paragraph 3 of this Article hold office for a period of three
years;

(b) any such member may at any time resign his office
by notice in writing addressed to the appointing authority
and his resignation shall take effect upon the receipt of such
notice by the Chairman from the appointing authority;

( c ) the appointing authority may make another
appointment for the unexpired term of office of the person
who resigned.

3. A member of the Council referred to in paragraph 2 of
this Article may be removed from office by the appointing authority
and another person may be appointed for the unexpired term.

4. If any member of the Council is for the time being unable
to act, the appointing authority may appoint a person to act in
his place during such inability.

5 . (a) the Council shall elect a Chairman from among its
members, the Chairman for the first term being a Vice-
Chancellor;

(b) the Chairman shall hold office for three years and
shall be eligible for re-election. If, however, he resigns his
office before the expiration of his term the Chairman elected
in his place shall hold office for the unexpired term;

(c) the Council shall elect one of its members to be
Deputy Chairman who shall hold office for such time not
being more than his unexpired term as the Council may
determine.

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6. The Chairman and members of the Council shall be paid
such renumeration and allowances as may from time to time be
determined by the Council.

ARTICLE I11

DUTIES

The Council shall-

( a ) conduct such examinations as it may think
appropriate and award certificates and diplomas on the results
of examinations as conducted;

( b ) review and consider annually its examinations held
in any territory of the Area ankl remit to each Participating
Government-

(i) an analysis of data on the performance of candidates
classified by subject and territory;

(ii) a digest of submissions from National Committees
along with such other information as may be con-
sidered necessary;

(iii) an annual report of the Council's activities;

(c) consider, having regard to standards, the advisability
of inviting and, if thought fit, invite any other examinating
Body to conduct examinations in the Area and award cer-
tificates and diplomas on the results of such examinations,
advise any Body so invited on such adaptation of the
examinations as the Council may think necessary and
generally assist any Body so invited in the conduct of such
examinations in the Area;

(d) appoint a School Examinations Committee in accor-
dance with Article X;

(e ) appoint from among its members an Administrative
and Finance Committee which shall include a representative
from each of the Participating Governments of Barbados,
Guyana, Jamaica and Trinidad and Tobago and four
representatives from the other Participating Governments;

V) receive from any National Committee or other Com-
mittee established under this Agreement reports and recom-
mendations on any matters relevant to the purposes of the
Council and consider such reports and recommendations;

(g) on the invitation of any Government in the Carib-
bean conduct any examinations which the Council considers
feasible.

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ARTICLE IV

GENERAL POWERS

The Council shall have power to-

(a) appoint a Registrar, Pro-Registrar and such other
persons as may be necessary for the performance of its duties;

( b ) delegate to the Registrar-

(i) any of the duties specified in paragraphs (a),(c) and
&) of Article I11 as relate to the holding of examina-
tions; and

(ii) the making of appointments of other persons men-
tioned in paragraph (a) of this Article;

(6) fix the salaries and determine the terms and condi-
tions of service including the provision of superannuation
benefits of the Registrar and persons referred to in
paragraph (a) of this Article;

(d) delegate to the School Examinations Committee such
powers as may be necessary;

(e) delegate to the Administrative and Finance Commit-
tee such powers as may be necessary;

V) appoint such other Committees as the Council may
consider necessary for the performance of its duties;

&) regulate the conduct of any examinations conducted
under the provisions of paragraphs (a),(c) and (g) of Article
I11 and prescribe the qualification requirements of candidates
and the fees payable by them;

(h) co-opt any person to assist in the work of the Coun-
cil so, however, that no such person shall be or be deemed
to be a member of the Council;

(i) borrow such sums as it may consider necessary or
expedient;

invest the funds of the Council in such manner and
to such extent as it may consider necessary or expedient giv-
ing priority to investment in financial institutions in the Area
controlled by the people of the Area or by Participating
Governments or in securities issued or guaranteed by such
Governments;

(k) authorise in writing any of its members to discharge
any of its functions;

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10 CAP. 70) Caribbean Examinations Council

(I) make rules generally for the purposes of this
Agreement.

ARTICLE V

LOCATION OF FACILITIES

1. The Council shall establish Administrative and Opera-
tional Centres in Barbados and Jamaica, and may establish such
Centres in Guyana, Trinidad and Tobago and elsewhere in the
Area.

2. For the purposes of administration and operations, the
Area shall be divided into two geographical zones-the Western
Zone and the Eastern Zone. The Western Zone shall comprise
the Territories of Bahamas, Belize, Cayman Islands, Jamaica and
the Turks and Caicos Islands; and the Eastern Zone shall com-
prise the Territories of Antigua and Barbuda, Barbados, British
Virgin Islands, Dominica, Grenada, Guyana, Montserrat, St Kitts-
Nevis-Anguilla, St Lucia, St Vincent and Trinidad and Tobago.

Such of the Council's operations as relate to the Western Zone
shall be directed from the Administrative and Operational Cen-
tre in Jamaica. Such of the Council's operations as relate to the
Eastern Zone shall be directed from the Administrative and Opera-
tional Centre in Barbados.

3. The Administrative and Operational Centre located in
Barbados shall be the Administrative Headquarters from which
the general business of the Council shall be directed.

4. The Registrar shall be based in the Administrative and
Operational Centre in Barbados and the Pro-Registrar shall be
based in the Administrative and Operational Centre in Jamaica.

5 . The Council may conclude with Participating Govern-
ments agreements relating to the legal capacity, privileges and
immunities to be recognised and granted to it in respect of its
Administrative and Operational Centres.

ARTICLE VI

PROCEDURAL ARRANGEMENTS

1. The Council shall ordinarily meet for the despatch of
business at such times and places as the Council may from time
to time appoint but at least one meeting shall be held in each year.

2. The Chairman may call a special meeting of the Coun-
cil at such time and place as he may appoint, and shall on the
written request of six members of the Council call a meeting to

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be held within twenty-one days after the receipt of the request
for the meeting.

3. Any such special meeting shall be convened at not less
than fourteen days' notice.

4. At every meeting of the Council the Chairman, if pre-
sent, shall preside; in his absence the Deputy Chairman shall
preside and in the absence of both the Chairman and the Deputy
Chairman, the members of the Council present shall elect one
of their number to preside.

5 . Decisions of the Council and of the School Examina-
tion Committee and of the Administrative and Finance Commit-
tee shall be taken on the majority vote of all the members present.

6. A quorum of the Council or of the School Examinations
Committee or of the Administrative and Finance Committee shall
be constituted by one-half of the respective total membership.

7. The member of the Council presiding at a meeting of
the Council shall, in addition to an original vote, have a casting
vote in any case where the voting is equal.

ARTICLE VII
FINANCIAL ARRANGEMENTS

The funds of the Council shall include-

(a) all charges, dues and fees received by the Council;

( b ) such moneys as are provided for the Council by the
Participating Governments;

(c ) all interest on moneys invested by the Council;

(d) all moneys accruing to the Council by way of
endowment, donation or otherwise.

2. The funds of the Council shall be applied towards the
accomplishment of its purposes.

3. The expenditure of the Council shall be apportioned
among the Participating Governments on such basis as may be
agreed upon by them.

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4. All sums of money received on account of the Council
shall be paid into such bank or banks as may be approved by
the Council.

5 . (a) The Council shall cause to be kept proper accounts
of its financial and other business transactions and shall cause
to be prepared not later than three months after the end of
each financial year-

(i) a statement showing in detail the items of income
and expenditure of the Council and the total of such
income and expenditure for the immediately
preceding financial year;

(ii) a statement of the assets and liabilities of the Council
as they stood at the end of the immediately
preceding financial year;

(b) such statements shall be audited by an Auditor
appointed by the Council and as soon as may be thereafter
a copy of each such statement as audited shall be transmit-
ted to each Participating Government.

ARTICLE VIII

LEGAL CAPACITY

1. The Council shall possess full juridical personality and
in particular full capacity to-

(a) contract;

(b) acquire and dispose of immovable and movable
property;

( c ) institute legal proceedings

2. The legal capacity, privileges and immunities to be
recognised and granted by Participating Governments in connec-
tion with the Council shall be laid down in a Protocol to this
Agreement.

ARTICLE IX

NATIONAL COMMITTEES

1. A National Committee shall be established by each Par-
ticipating Government for and in its Territory.

2. A National Committee shall comprise representatives of
a Ministry or Department of Education, the Teaching Profession,
the Universities in the Area and the general community.

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3. The Chairman of a National Committee shall be
appointed by the Participating Government from among the
members of that National Committee.

4. A member of a National Committee shall hold office
for such number of years as may be specified in his letter of
appointment and shall be eligible for re-appointment.

5 . It shall be the duty of every National Committee-
(a) to exercise such powers as the Council may from time

to time delegate to it; and

(6) to advise the Council on any matter on which advice
may be sought including the content of the syllabuses, the
appointment of examiners and any other matter connected
with examinations conducted by the Council.

6. A National Committee may make a report or recom-
mendations to the Council on any matter relevant to the provi-
sions of this Agreement.

7. A National Committee may appoint from among its
members such sub-committee as it thinks fit and shall specify the
duties of such sub-committee.

8. A National Committee shall have the power to co-opt
any person to assist it in its work, so, however, that no such per-
son shall be or be deemed to be a member of the Committee.

ARTICLE X

SCHOOL EXAMINATIONS COMMITTEE

1. The School Examinations Committee shall consist of-
(a) The Chairman of the Council or his Deputy who

shall be the Chairman;

(6 ) four members who shall be representatives of the
Universities of the Area;

(c) one technical or administrative officer selected by each
Participating Government from its Ministry or Department
of Education;

(6) one member of the teaching profession nominated
by each National Committee.

2. The duties of the School Examinations Committee shall
include-

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(a ) preparation for the approval of Council of regula-
tions relating to the conduct of examinations;

( b ) development of syllabuses through sub-committees
or subject panels;

(c) consideration of criticisms from schools;

(6) consideration on points raised by examiners in their
reports on examinations and by other means;

(e ) appointment of members of various sub-committees
and subject-panels;

(f) the making of recommendations relating'to the
appointment of examiners;

e) advising the Council on all matters relating to
examinations;

(h) performing such duties as may be delegated to it by
the Council.

3. The School Examinations Committee shall have power
to co-opt any person to assist it in its work, so, however, that
no such person shall be deemed to be a member of the Committee.

ARTICLE XI

ADMINISTRATIVE AND FINANCE COMMITTEE

1. The Administrative and Finance Committee may appoint
a sub-committee in each Territory of the Area and may delegate
to any such sub-committee such powers as it thinks fit regarding
administrative and financial matters affecting that Territory.

2. Decisions of a sub-committee appointed under
paragraph 1 of this Article shall be taken by a majority of votes
of the members present and voting and so far as the procedure
of the meetings of any such sub-committee may not be prescribed
by the Council, the sub-committee may regulate its own procedure.

ARTICLE XI1

SUPERANNUATION BENEFITS

The Council shall enter into arrangements with Participating
Governments to secure the preservation of the superannuation
benefits of persons seconded to the service of the Council from
the service of any Participating Government.

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ARTICLE XI11

ACCESSION

1. The Government of any Caribbean Territory may accede
to this Agreement on such terms and conditions as may be agreed
between the Participating Governments and the acceding
Government.

2. Any such terms and conditions shall be embodied in a
supplementary Agreement.

ARTICLE XIV

WITHDRAWAL

Any Participating Government may withdraw from this Agree-
ment by giving twenty-four months' notice in writing to the Chair-
man of the Council who shall within thirty days of the receipt
of such notice notify the other Participating Governments.

ARTICLE XV

AMENDMENT

An amendment .to the provisions of this Agreement shall be
submitted to the Chairman of the Council who shall within 30
days of the receipt thereof transmit the proposed amendment to
each Participating Government. Such amendment shall have effect
upon the acceptance thereof by all the Participating Governments
within six months of the date of the Chairman transmitting the
proposed amendment.

ARTICLE XVI

ENTRY INTO FORCE

1. This Agreement shall be lodged with the Secretary-
General of the Commonwealth Caribbean Regional Secretariat
for signature and shall be subject to ratification.

2. The Agreement shall come into force upon the deposit,
not later than 30th April, 1972, of instruments of ratification with
the Secretary-General by any two of the Participating Govern-
ments of Barbados, Guyana, Jamaica and Trinidad and Tobago
and by any four of the other Participating Governments.

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ARTICLE XVII

INAUGURAL MEETING

As soon as the Agreement comes into force the Secretary-
General, Commonwealth Caribbean Regional Secretariat, shall
take the necessary steps to secure the nomination of the members
of the Council referred to in Article I1 and to convene the Inaugural
Meeting of the Council.