Integrity In Public Life Act 2004

Link to law: http://laws.gov.ag/acts/2004/a2004-23.pdf

No. 23 of 2004. The Integrity In Public Life 1 ANTIGUA
Act, 2004. AND

BARBUDA

I Assent,

James B. Carlisle,
Governor-General.

ANTIGUA AND BARBUDA
No.23 of 2004

[Published in the Oflcial Gazette Vol. XXIV No. 95
dated 30th December, 20041

AN ACT to provide for the establishment of an Integrity
Commission for the purpose of receiving declarations of the
affairs of persons holding specific positions in public life, for
the purpose of establishing probity, integrity and
accountability in public life and for related matters.

1. This Act maybe cited as the Integrity in Public Life Act, 2004 Short title and
and shall come into operation on such day as the Minister may com

mencement.

by Notice published in the Gazette appoint.

2. In this Act unless the context otherwise requires - Interpretation.

"assets" include all property including monies beneficially
held whether in or out of Antigua and Barbuda;

"Commission" means the Integrity Commission established
pursuant to section 4;

"document" includes, in addition to a document in
writing -

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(a) any map, plan, graph or drawing;

(b) any photograph;

(c) any disc, tape sound track or other device in
which sounds or other data not being visual
images are embodied so as to be capable, with
or without the aid of some other equipment, of
being reproduced therefrom;

(d) any film, including microfilm, negative, tape or
other device in which one or more usual images
are embodied so as to be capable, with or
without the aid of some other equipment, of
being reproduced therefrom;

"income" includes -

(a) money derived from whatever source or
acquired in or out of Antigua and Barbuda;

(b) all receipts by way of salary, fees, wages,
requisitions, profits, grants, emoluments, rents,
interests, commissions, bonus, pensions or
annuity and all income within the meaning of
the Income Tax Act;

Cap. 212.

"liability" includes all obligations to pay or to transfer
money to another whether in or out ofAntigua andBarbuda;

"Minister" means the Minister responsible for Justice and
Legal Affairs;

"public function"means any activity performed, whether
or not payment is received therefor, which is carried
out by -

(a) a person for, or on behalf of or under the
direction of a Ministry, Department of
Government or a body enacted by statute or an
authority;

(b) a body whether public or private, providing
public services;

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(c) a member of the Senate or the House of
Representatives;

"personinpublic 1ife"means apersonreferred to inthe First
Schedule;

"property" includes money and all property, real or personal
and things in action;

"spouse" in relation to a person in public life means a
person to whom the person in public life is married or who
is living with that person in the circumstances of husband
and wife for a period of three years but does not include -

(a) a married spouse who is living separate and
apart from the person in public life;

(b) a married spouse who has ceased to live with
that person and where proceedings have been
instituted for a divorce or judicial separation
during the period a declaration is required to be
filed.

"statutory body" means a corporation, company, board,
commission, authority or other body established by or
under any written law to perform public functions onbehalf
of the Government.

3. This Act applies to every person in public life. Application of
the Act.

PART I1
INTEGRITY COMMISSION

4. (1) There is hereby established an Integrity Commission. Establishment of
Integrity

(2) The Commission shall consist of a chairman and two other Commission.

members.

(3) The members ofthe Commission shall be appointed by the
Governor-General acting in his own discretion.

(4) The members of the Commission shall be persons of
integrity one of whom is a lawyer who has practiced law in the
Commonwealth for no less than ten years and one of whom is a

ANTIGUA 4 The Integrity In Public Life No. 23 of 2004.
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Act No. 10 of public accountant entitled, under the/Accountancy Profession
1992. Act, 1992, topractise as suchandwho has sopractisedforno less

than ten years.

(5) A member shall, before assuming the functions ofhis office,
make and subscribe the oath of office and the oath of secrecy in
Form 1 in the Third Schedule before the Governor-General.

Disqualification 5.Aperson shallnot be appointedamember ofthe Commission
from if he -
membership.

(a) is a member of the House of Representatives or the
Senate;

(b) is a person in public life other than as a member of the
Commission;

(c) has, at any time during the three years preceding his
appointment, been a public officer;

(d) has at any time during the five years preceding his
appointment held office in a political party; or

(e) would otherwise be disqualifiedto be amember ofthe
House of Representatives or the Senate.

Tenure of 6. A member of the Commission shall hold office for a period
office. not exceeding three years and shall be eligible for re-appointment.

Resignation of 7. (1) Amember other than the Chairman may at any time resign
members. his office by instrument in writing addressed to the Governor-

General and transmitted through the Chairman and fiom the date
specified in the instrument of resignation that person ceases to
be a member.

(2) The Chairmanmay at any time resignhis officeby instrument
in writing addressed to the Governor-General and fiom the date
specified in the instrument of resignation that person ceases to
be Chairman and member of the Commission.

Vacation of 8. A member of the Commission shall vacate office -
office.

(a) at the expiration of the term of his appointment;

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(b) on the absence of the member from three consecutive
meetings of the Commission, unless the absence is
approved by the Governor-General;

(c) if the member with his consent is nominated for
election to the House of Representatives or is
appointed a Senator;

(d) if the member is appointed to any public office; or

(e) c'n his resignation or removal from office.

9. (1) A member of the Commission may be removed from ~~~~~~l from
office only for inability to exercise the functions of his office office.
whether arising from inf~nnity ofbody or mind or any other cause
or for misbehaviour and shall not be so removed except in
accordance with 'the provisions of this section.

(2) A member of the Comrnissi~n shall be removed from office
by the Governor-General if the question of hls removal has been
referred to a tribunal appointed under subsection (3) and the
tribunalhas recommendedto the Governor-General that he ought
to be removed from office for inability as aforesaid or for
misbehaviour.

(3) If the Governor-General considers that the question of
removing a member of the Commission ought to be investi-
gated -

(a) the Governor-General shall appoint a tribunal which
shall consist of one person being a Judge of the High
Court, a Senior Counsel or a Chief Magistrate, to
enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him
whether the member of the Commission ought to be
removed under this section; and

(b) a tribunal appointed under paragraph (a), shall give
the member of the Commission an opportunity to
show cause why he should not be removed from
office.

(4) If the questionof removing a member of the Commission
has been referred to a tniunal under this section, the Governor-

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Generalmay suspendthe member fiom the exercise ofthe fimctions
of his office and any such suspension may at any time be revoked
by the Governor-General acting as aforesaid, and shall in any case
cease to have effect if the tribunal recommends to the Governor-
General that the member of the Commission should not be
removed.

(5) In this section "misbehaviour" includes conlnlunicating
confidential information to any unauthorized person.

Publication in 10. The appointment, resignation, revocation of appointment
the Gazette. or death of a member of the Commission shall be published in the

Gazette.

Remuneration of 11. The members of the Commission shall receive such
members. remuneration as shall be determined by resolution of the House

of Representatives.

Functions of the 12. (1) The functions of the Commission shall be -
Commission.

(a) to receive and retain all declarations filed with it
under this Act;

(b) to receive and investigate complaints regarding non-
compliance with or contravention of any provisions
ofthis Act or the PreventionofCormptionAct, 2004;

(c) to make inquiries as it considers necessary in order
to verify or determine the accuracy of a declaration
filed under this Act;

(d) to conduct an investigation into any offence of
corruption under the Prevention of Corruption Act,
2004 if it is satisfied that there are grounds for an
investigation;

(e) to appoint where necessary Auditors to examine and
verify the accuracy of the declarations filed under the
Act or complaints of financial irregularities arising
from a breach of the code of conduct specified in the
Second Schedule.

I$ to examine the practices and procedures of Statutory
Corporations and Departments of Government to
determine whether there are corrupt practices;

No. 23 of 2004. The Integrity In Public Life 7 ANTIGUA
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(g) to advise Statutory Corporations and Departments
of Government of any change in practice or proce-
dure which may be necessary to eliminate corrupt
practices;

(h) to perform such other functions as 1s required by this
Act.

(2) In the performance of its functions the Commission and the
staff of the Commission shall not be subject to the control 01
direction of any other person or authority.

13. (1) The Commission shall have the same powers, rights and Powers, etc, and
privileges as a commission of inquiry appointed under the independence of
Commissions of Inquiry Act. Commission.

Cap. 91

(2)The Commission shall meet at such times as may be
convenient for the transaction of its business.

(3) The proceedings of the Commission shall not be affected
by any defect in the appointment of a member or ary vacancy in
its membership.

(4) Subject to this Act, the Commission shall make rules
governing its procedure.

14. The declarations filedwiththe Commission and the records Secrecy and
of the Commission in respect of these declarations are secret and confidentiality.
confidential and shallnot be made public, except where a particular
declaration or record is required to be producedby Order of Court
for the purpose of, or in connection with any court proceedings
or enquiry in respect of a declarationunder this Act, the Preven- cap. 324.
tion of Corruption Act, 2004 or the Perjury Act.

15. (1) Every member of the Commission and every person Information
performing any function in the service of the Commission shall not to be
treat all declarations, records or information relating to such communicated
declarations as secret and confidential and shall not disclose or unauthorised

persons. communicate same to any unauthorised person or allow any such
person to have access to any suchrecords, information or declzmtion.

(2) A person who contravenes subsection (1) commits an
offence andis liable on summary conviction to a fine not exceeding
twenty five thousand dollars or to a term of imprisonment not
exceeding three years or to both such fme and imprisonment.

(3) An unauthorised person is a person other than a person
authorised to receive information -

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(a) under this Act in relation to the financial affairs of
persons in public life; or

(b) by reason of an Order of a Judge of the High Court.

(4) Where an unauthorised person publishes information
which is submitted by a person in public life pursuant to Part I11
of this Act he commits an offence and is liable on summary
conviction to a fine not exceeding twenty five thousand dollars
or to a termof imprisonment not exceeding three years or to both
such fine and imprisonment.

Declaration o f 16. (1) Every personin public life shall file adeclarationinForrn
affairs. 2 in the Third Schedule with the Commission setting out -

(a) his income, assets and liabilities;

(b) his public and private offices;

(c) the assets of his children above eighteen years old
and ofany relative which were acquiredpartly or hlly
with his income;

(d) the assets of his or her spouse and of their children
below eighteen years old;

(e) any gifts received in the course of the performance
of his public functions; and

fl such other information requiredto be set out in Form
2 in the Third Schedule.

(2) The Commission shall examine every declaration filed to
ensure that it is in compliance with this Act.

(3) Where the Cornmissionupon examination of a declaration
filed pursuant to subsection (1) is of the opinion that it is
necessary or expedient to request further information in order to
determine the accuracy of a declaration, the Commission may
request the person in public life to furnish any other documents
or information as may be required within a specified period.

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(4) Where upon an examination under subsection (2) the
Commission is satisfied that a declaration has been fully made it
shall issue a certificate in Form 3 in the Third Schedule.

17. (1) A person who is a person in public life on the date of Filing of
commencement of this Act shall within three months fromthe date declaration.
of commencement file a declaration pursuant to section 16 and
thereafter on or before the 3 1 st day of March in each year during
any part of which he remains a person in public life.

(2) A person who becomes a person in public life after the
commencement of this Act shall file a declaration pursuant to
section 16 within three months of his becoming a person in public
life and thereafter on or before the 3 1 st day of March in each year
during which he remains a person in public life.

(3) Where apersonceases to be aperson in public life he shall
furnish a declaration at the end of six months from the date on
which he so ceases.

(4) Where aperson in public life dies, the declaration which he
would have been required to file had he lived shall not be filed.

(5) Eve~y member ofthe Cornmissi~n shall file a declaration in
Form 2 in the Third Schedule with the Governor-General before
he assumes office and thereafter on or before the 31st day of
March of each year.

18. (1) Where a person in public life holds property intrust for Trust property
another person he shall so state in his declaration but shall not and blind trusts.
be required to disclose the terms of the trust.

(2) A person in public life who has assets in a blind trust shall
file a copy of the trust deed with the Commission.

(3) Where the assets of aperson in public life are in a blind trust
he does not have to give more particulars in his declaration than
the amount and description of those assets placed in that trust
and the date the trust was created.

(4) A blind trust is created where a person in public life enters
into an agreement with a qualifed trust company whereby -

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(a) after he ceases to be a person in public life full and
Troper accounting will be made to him regarding the
management of the trust;

(b) all or part of his assets are conveyed to the trust
for its administration, control and mangement in
its absolute discretion without recourse or
reporting to the persons beneficially entitled to
those assets; and

(c) conversion of the assets into other assets are not to
be communicated to him until he ceases to be a
person in public life.

(5) A trust company is a qualifed trust company where -

(a) no more than ten percent of the issued shares in the
trust company or any of its affiliates is held by the
person in public life entering into an agreement with
it or by an asssociate; and

(b) the person in public life holds no directorship or
office in the trust company or any of its affiliates.

(6) For the purposes of this part reference to a spouse includes
a single person who was living together with another single
person for a period of not less than five years.

(7) For the purposes of subsection (6) a reference to a single
person includes areference to a widow or widower or to a person
who is divorced or separated.

(8) For the purpose of this section a company is an aff~liate of
another conlpany where the first mentioned company holds more
than five percent of the issued shares in the second mentioned
company or where the second mentioned company holds more
than ten percent of the issued shares in the first mentioned
company.

(9) For the purpose of subsection (4) "control" shall be
construed within the meaning of "controlled company" as

Cap. 212 provided for in the Income Tax Act.

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(10) A person in public life who fails to comply with subsection
(1) commits an offence y d is liable on summary conviction to a
fine not exceeding five thousand dollars or to a term of
imprisonment not exceeding six months.

19. For the purposes of a declaration pursuant to section 16 Income, assets
the income, assets and liabilities of aperson in public life include and liabilities of

the income, assets andliabilities acquired, heldor incurredby any agent.

other person as his agent or on his behalf.

20. (1) Where a person who is required to file a declaration Failure to file
under section 16 fails to file a declaration, the Commission shall declaration.
publish that fact in the Gazette and send a report, for appropriate
action -

(a) in the case of the President of the Senate and of the
Speaker of the House of Representatives, to the
Governor-General;

(b) in the case of a Senator, to the President of the
Senate;

(c) in the case of a Member of the House of
Representatives, to the Speaker of the House of
Representatives;

(d ) in the case of a person appointed by a Service
Commission, to the relevant Service Commission;
or

(e) in the case of a person appointed holding office in
a statutory body, to the person or authority having
power to make an appointment to that office.

(2) Where criminal proceedings are instituted against aperson
in public life under this Act no disciplinary proceedings shall be
institutedpending the determination ofthe criminal proceedings.

(3) A person in public life who, without reasonable cause, fails
to make a declaration as required by section 16 shall, by reason
of that failure, commit an offence and is liable on summary
conviction to a fine not exceeding $10,000 EC or to a term of
inlprisonment not exceeding twelve months.

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AND

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Code of
Conduct.

Complaints to
Commission.

Rejection of
complaint.

12 The Integrity In Public Life No. 23 of 2004.
Act, 2004.

PARTIV
CODE OF CONDUCT

21. (1) Every person in public life shall observe the Code of
Conduct specified in the Second Schedule.

(2) A person in public life who is in breach of the Code of
Conduct commits an offence and is liable on summary conviction,
to a fine not exceeding fifty thousand dollars or to a term of
imprisonment not exceeding three years or to both such fine and
imprisonment.

22. (1) A person who has reasonable grounds to believe that
any person in public life is in breach of any provision of the Code
of Conduct may make a complaint in writing to the Commission
and shall state in the complaint the particulars of the breach
including -

(a) the period within which the breach was committed;

(b) the names and addresses of persons involved in the
commission of the breach.

(2) A person making a complaint under subsection (1) shall
produce to the Commission -

(a) evid'ence to support the complaint including
documentary evidence and sworn statements;

(b) such other particulars as may be prescribed by
Regulations.

(3) A person who makes a complaint under this section shall
not be liable in civil or criminal proceedings provided he proves
that the complaint was made in good faith.

23. Where a complaint has been made to the Commission
under section 22, the Commission after examining the complaint
may reject the complaint if the Commission is of the opinion
that -

(a) the complaint is frivolous or vexatious;

(b) it does not pertain to a matter the Commission is
empowered to deal with under this Act:

No. 23 of 2004. The Integrity In Public Life 13 ANTIGUA
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Provided that no complaint shall be rejected by the Commission
without giving the person who made the complaint a reasonable
opportunity of being heard.

24. (1) Where upon examination of a complaint made under Investigation of
section 22, the Commission is ofthe view that an investigation is breach of Code
necessary, it shall inquire into the matter. of Conduct.

(2) In conducting an inquiry under this section the Comrnis-
sion shall have the same powers to summon witnesses as a
commission of inquiry under the Commissions of Inquiry Act.

(3) The sittings of the Commission to take evidence or hear
submissions in the course of any inquiry under subsection (1)
shall be held in camera.

(4) The complainant and the person in public life against whom
any inquiry is held under this section are entitled to notice of the
proceedings of the inquiry and to be represented at the inquiry
either personally or by an Attorney-at-Law.

25. (1) On conclusion of an inquiry under section 24, the Report to
Commission shall forward the report to the Governor-General, Governor-
and if it is of the opinion that the evidence before it may warrant Fie;' and
that the Director of Public Prosecutions take action against the
person the Commission shall forward a copy ofthe report to him.

(2) Where the Commission has forwarded to the Director of
Public Prosecutions a report under subsection (1), the Director of
Public Prosecutions shall inform the Commission and the
Governor-General, in writing about the action taken in pursuance
of the report and any other relevant matters.

PART V
G r n

26. (1)Apersoninpublic life shallnot accept any giftorreward Report of gifts.
from any person as -

(a) an inducement for any official act to be done by
him, or

(b) a reward for any official act done by him.

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(2)Notwithstanding subsection (I), aperson in public life may
accept a gift or reward from-

(a) a community organizationona social occasion which
represents the creativity of that organization; or

(b) a foreign dignitary where the person in public life has
reasonable grounds to believe that the refusal to
accept it may offend the foreign dignitary.

(3) Where a person in public life accepts a gift or reward that
exceeds a value of $1,000.00 in the circumstances specified in
paragraph (b) of subsection (2), he shallmake a report ofthat fact
in Form4 in the Third Schedule to the Commission within thirty
days of the receipt of the gift.

(4) Where the Commission determines that the gift was given
to the person in public life as a personal gift and was not intended
to be a motive or reward for doing or abstaining from doing
anything in the course of the performance of his official functions
or causing any other person from doing or forbearing to do
anything, the Commission shall allow the person in public life to
retain the gift.

(5) Where the Commission finds through the inquiry that the
gift was given to the person in public life -

(a) as a State gift; or

(b) personally, but was intended to be a motive or reward
for doing or abstaining from doing anything in the
course of the performance of his official functions or
causing any other person fromdoing or forbearing to
do anything,

the Commission shall direct the person in public life in writing to
deliver the gift to the Financial Secretary on behalf of the State
within such period not exceeding fourteen days as may be
specified by the Commission, and the person in public life shall
comply with the direction within the time so specified.

(6) Where a gift is delivered to the Financial Secretary pursuant
to subsection (5) it shall be dealt with as a gift to the State.

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(7) Any person in public life who fails to comply with the
direction given by the Commissionunder subsection(5) commits
an offence and is liable on conviction to a fine equal to the value
of the gift involved or to a term of imprisonment not exceeding
twelve months.

PART VI
MIsCELJ.,ANEOUS

27. The h d s of the Commission shall consist of such funds Funds of the
as may be appropriated to the Commission by Parliament. Commission.

28. The Corriission shall keep proper accounts of all sums A~~~~~~~ and
appropriated, its assets and liabilities and those accounts shall Audit.
be audited annually by the Director of Audit or an auditor
appointed by the Governor-General.

29. (1) The Commission shall prepare and submit to the Annual reports.
Minister on or before June 30th in each year a report on the
activities of the Commission during the preceeding year and its
audited accounts.

(2) A copy ofthe report together with the auditor's report shall
be laid before the House of Representatives at the sitting following
the receipt of the report.

(3) The report under subsection (1) shall not disclose the
particulars of any declaration filed with the Commission.

30.(1) The Governor-General shall appoint a Secretary to the Secretary and
Commission on such terms and conditions as he may determine. staff of the

Commission.

(2) The Secretary shall -

(a) be entitled to attend meetings of the Commission;

(b) record the minutes of each meeting; and

(c) subject to the direction of the Commission, perform
all functions necessary for the efficient and effective
discharge of the functions of the Commission.

(3) The Commission shall be provided with staffadequate for
*the prompt and efficient discharge of its functions under this Act.

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(4) staff of the Commission shall be public officers
appointed by the Public Service Commission.

(5) Every person appointed under this section or authorized
to perform any functions under this Act shall, before assuming
his functions, make and subscribe the oath of office and the oath
of secrecy in Form 1 in the Third Schedule before the Chairman.

Expenses of the 31. All expenses incurred by the Commission forthe purposes
of this Act are a charge on the Consolidated Fund.

Offences. 32. (1) A person who -

(a) fails without reasonable cause to furnish to the
Commission a declaration or further particulars thereof
which he is required to furnish in accordance with
this Act; or

(b) knowingly makes a declaration which is false in some
material particular,

commits an offence and is liable on summary conviction to a fine
not exceeding fifty thousand dollars or to imprisonment for a term
not exceeding three years or to both such fine and imprisonment.

(2) Where the offence under subsection (1) involves the non-
disclosure of property acquired while in public life, the Cowt may,
if satisfied that such property was acquired in contravention of
this Act or any other law, in addition to the penalty specified
under subsection (1) -

(a) where the property involved is situatedin Antigua and
Barbuda declare that it be forfeited to the State; or

(b) where the property involved is situated outside
Antigua andBarbuda, order that anamount equivalent
to the value of the property as assessed by the Court
be paid by the person in public life to the State.

(3) Property acquired froma personreferred tounder subsection
(2) by a bona fide purchaser for value without notice of any
offence by that person is not liable to forfeiture, but the Court may
order that an amount equivalent to the value of the property or
the price paid by the purchaser, whichever is the greater, shall be
paid by the person in public life to the State.

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(4) Payment of all sums due to the State pursuant to subsection
(2) or (3) may be recovered as a debt due to the State.

33. The Minister may, by Order which shall be subject to Amendment of
a f h a t i v e resolution of the House of Representatives, amend
any of the Schedules.

d4. Subject to this Act and to Regulations made hereunder the Power of
Commission may make rules to regulate its procedure. Commission to

make rules.

35. The Minister may make Regulations with respect to - Regulations.

(a) any matter that is required to be prescribed by
Regulation under this Act; and

(b) generally, for the effective implementation of this
Act.

FIRST SCHEDULE
(Section 2)

PERSONS IN PUBLIC LIFE

1. Member of the Commission and the Secretary to the Commission
2. Members of the House of Representatives
3. Members of the Senate
4. President of the Senate
5. Speaker of the House of Representatives
6. Parliamentary Secretaries
7. Secretary to the Cabinet
8. Members of the Barbuda Council
9. Members of the Electoral Commission

10 . Financial Secretary and Deputy Financial Secretary
11. Budget Director and Deputy Budget Director
12. Permanent Secretaries and Principal Assistant Secretaries
13. Heads and Deputy Heads of Diplomatic Missions
14. Solicitor General
15. Clerkto Parliament
16. ChiefEstablishment Officer
17. Accountant General and Deputy Accountant General
18. Managers, Heads and Deputy Heads of Departments and Divisions
19. Commander and Deputy Commander of the Defence Force
20. Commissioner and Deputy Commissioner of the Police Force

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21. Police Officers of the rank of Inspector and above
22. Chief Immigration Officer, Deputy Chief Immigration Officer and Senior

Immigration Officers
23. Superintendent of Prison and the Chief Officer
24. All commissioned and warrant officers of the Antigua and Bdrbuda Defence

Force
25. Comptroller of Customs, Deputy Comptroller of Customs and Senior Customs

Officers
26. Commissioner of Inland Revenue, Deputy Commissioners, Senior Inland

Revenue Officers and Auditors of Inland Revenue
27. Legal Officers employed by the Government of Antigua and Barbuda
28. Director of Public Prosecutions
29. Magistrates
30. Labour Commissioner and Deputy Labour Commissioner
31. Chief Technical Officers ofMinistries
32. Members of the Public Service Commission
33. Members of the Police Service Commission
34. Member of the Public Service Board of Appeal
35. Chairman, Deputy Chairman and Secretary of the Boards or governing bodies

of statutory bodies
36. Chief Executives and deputy chief executives, by whatever name known, of

statutory bodies
37. Heads and Deputy Heads of Divisions of statutory bodies
38. Members of the Tenders Board
39. Tax Compliance OMicers
40. Director of Audit and Deputy Director of Audit
41. Members of the Tax Appeal Board
42. Property Evaluation Officers
43. Senior Casino Inspectors

SECOND SCHEDULE

CODE OF CONDUCT

A person in public life shall not -

(a) in return for anything done, or to be done, or omitted to be done in the
execution ofhis duties, ask for or accept for himself or any person, any
money, property, benefits or favours of any kind over and above that
which he is lawfully entitled to receive for the performance ofhis duties;

No. 23 of 2004. The Integrity In Public Life 19 ANTIGUA
Act, 2004. AND

BARBUDA

(b) in the course of the performance of his official functions discriminate
against any person with respect to terms, conditions and privileges of
employment or other official matters because of that person's race,
place of origin, political opinion, colour, creed or gender;

for himselfor for anyone else accept any gifts, benefit or advantiige from
any one, except personal gifts from his spouse, relatives or friends, or
personal gifts given otherwise than as a motive or reward for doing or
forbearing to do anything in the performance of his official functions or
causing any other person from doing or forbearing to do anythmg; but this
paragraphdoes not apply to gifts receivedonbehalfofthe State by aperson
in public life in the course ofthe performance of his official functions;

allow private interests to conflict with his public duties or improperly
influeme his conduct in the performance of his public duties;

allow the pursuit of his private interest to interfire with the proper
discharge of his public duties; and any conflict between his private
interests and his public duties shall be resolved in favour of his public
duties;

use his official influence in support of any scheme or in furtherance of
any contract or proposed contract or other matter in regard to which he
has an interest;

make use of, or communicate to anyone except in the performance ofhis
official duties, the contents of any document, or any information, or
matter acquired in the course ofhis official duties which are not available
to the public;

use or allow the use of public property (including money), equipment,
supplies or services for any purpose other than for officially approved
purposes;

while he is a person in public life, acquire, or become a partner or
shareholder in, or director or manager of a firm or company which has
or had a contract with the Government or with the public body ofwhich
that person is or was a member or employee, during the tenure of his
office; but this paragraph does not apply where the person to whom this
Code applies makes a public disclosure of such partnership, shareholding
or other interest.

inthe course ofthe performance ofhis officialduties, aid, abet, counsel,
procure or command any other person to commit a breach of this Code
of Conduct.

ANTIGUA 20 The Integn'ty In Public Lijie No. 23 of 2004.
AND Act, 2004.

BARBUDA

THIRD SCHEDULE

FORM 1 (Sections 4 (5) and30 (3))

Oath of Office

I, ........................................................ do swear that I will exercise the functions of
ChainnanlMemberlSecretarylemployee ofthe Integrity Commission without fear or
favour, affection or ill-will according to the Constitution and laws of Antigua and
Barbuda.

So help me God!

Swornbeforeme this... ........ .clayof.. ................................................................ 20.. .......

.....................................................................
GOVERNOR-GENEW-

ANTIGUAAND BARBUDA

Oath of Secrecv

1, ......................................................................... ChahadMember/Secretarylemployee
of the Integrity Commission, do swear that I will not on any account or at any time
disclose any opinion, advice or privileged information of the Integrity Commission
and that I will not expect with the authority of an order of court or the Integrity
Commission and to such extext as may be required for the good management of the
affairs of that Commission directly reveal the business or the proceedings of the
Integrity Commission or the nature or any content of any document.

......... Swornbeforemethis .......... day of ............................................................ ... 20

..................................................................
GOVERNOR-GENERAucmmh4AN

ANTIGUAANDBARBUDA

No. 23 of 2004. The Integrity In Public Life 21 ANTIGUA
Act, 2004. AND

BARBUDA

FORM 2 (Sections 16 and 17)

DEC1,ARATION OF INCOME, ASSETS AND LIABILITIES

NAME OF DECLARANT ..............................................................................................

ADDRESS ..........................................................................................................................

NAME OF SPOUSE ......................................................................................................

ADDRESS ..........................................................................................................................

................................................................................................... NAMES OF CHILDREN

1. INCOME:

Income- received or receivable as salary, fees as director or consultant,
commission, bonus, dividends, provisional fees, rent, gifts in kind
or cash and other receipts or transfers (state name and address of
each source)

2. ASSETS:

(a) Real Property

Description, and value in the opinion of the declarant, including a copy
of the latest valuation thereof, if any, and the purchase price or other
consideration for its acquisition (where land and buildings thereon are
owned by declarant this should be shown separately from land owned
without buildings).

Location: k
Rents (State from whether house or land).

fb) CashinBank
@dq$@ each Bank separately and state amount).

ANTIGUA 22 The Integrity In Public Life No. 23 of 2004.
AND Act, 2004.

BARBUDA

(c) Life Insurance Policies
(Identify each company separately, state annual premiums, cash
surrender value of policy and date of maturity).

(d) Shareholdings in companies and holdings in partnership and joint
ventures.
(List each enterprise separately, the nature of its business and the
number of shares held).

(e) Directorships and partnerships.
(Identify enterprise, nature of its business, date of appointment as
director).

If) Other Assets
Motor vehicles (including heavy duty equipment)
Boats
Government Bonds
Other

(a) Mortgages

(b) Judgement Debts

(c) Other Liabilities

4. PUBLIC AND PRIVATE OFFICES

5. ASSETS OFCHILDREN ABOVE 18YEARS

6. ASSETS OFRELATIVES ACQUIRED PARTLY ORWHOLLY WITH
DECLARANT'SINCOME

7. ASSETS OF SPOUSE AND CHILDRENBELOW 18 YEARS

9. TRUSTPROPERTY AND BLIND TRUSTS

Datedthis ............. day of .................................................. 20 .........

No. 23 of 2004. The Integrity In Public Life 23 ANTIGUA
Act, 2004. AND

BARBUDA

........................................................................................................................................... I
hereby declare that this Declaration gives full, true and complete particulars of the

assets and liabilities and other matters as on the relevant date, that

.................................................. is.. and the income during the period of twelve months
immediately prior to that date, ofmyself to the extent to which1 have knowledge of

the same.

.............................................................
Declarant.

FORM 3

CERTIFICATE

........................................................................ NAME OF DECLARANT.

The Commission hereby certifies that it has examinedthe declaration submitted by
the declarant and is satisfied that a full disclosure has been made in accordance with
this Act.

.........................................................
Chairman Integrity Commission

REPORT OF GIFT RECEIVED

To: Thechairman
Integrity Commission

........................................................................................................ Name ofDeclarant:

................................................................................................... PositionofDeclarant:
. . ........................................................................................................ Descnpbon of=

............................................................................................... Person who made the Gift

Date of= ....................................................................................................................

ANTIGUA 24 The Integrity In Public Life No. 23 of 2004.
AND Act, 2004.

BARBUDA

Value ofGift ..................................................................................................................

................................................................... .....................................................
Signature Date

MlRM5

SUMMONS TO m S S BEFORT3 THE INTEGRITY COMMISSION

A.B., Complainant

C.D., (name ofperson inpublic life alleged to be inbreach ofthe Code of Conduct).

TO. ............................................................ ,of .....................................................................

Whereof complaint has been made before the Integrity Commission that

C.D.. ................................................. (state concisely the substance ofthe

complaint) and it has beenmade to appear to the Commission that you are likely to give

material evidence on behalf of the Complainant/person in public life in this behalf:

This requires you to be and appear at. .........................................................................

o'clock on the ............ day of. ............................................................................ ,20. ........
. .

at ................................................................................................. before the C o m s i o n

in the said place, to testify what you know concerning the matter of the said

complainant.

Dated this ............ day of ..................................................... , 20 .........

......................................................................

Chairman of the Integrity Commission

Na23of2004. The Integriry In Public Life 25 ANTIGUA
Act, 2004. AND

BARBUDA

Pacrsed the House of Representatives this Passed the Senate this 5th
4thBeyof November, 2200. day of November, 2004.

y*Borry,
. Act@ C b k to nke H i e of Representatives. Acting Clerk to the Senate.

Printed at the Govenuncnt Riliting Oflice, Antigua and Barbuda,
by Walter A. hbsiah, Govetmat

-ByAuShority, 2004.
laxern [Price $9.95]
Read Entire Law on laws.gov.ag