Law Revision (Miscellaneous) (Amendments) (No 2) Act 2000

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No. 9 of 2000. Law Revision (Miscellaneous) 1 ANTIGUA\
(Amendments) (No. 2) Act 2W.

-- -- -

AND
BARBUDA --

[ L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

9th August 2000.

ANTIGUA AND BARBUDA

No. 9 of 2000.

AN ACT to amend the provisions of certain Act, of Parliament

[ 10th August, 2000 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:

1. This Act may be cited as the Law Revision rnscellaneous) short title.
(Amendments) (No. 2) Act 2000.

2. The Education Act is amended as follows -

(a) in section 2, by inserting in its appropriate alphabeti-
cal order the following -

'Re-School" means a nursery school for the provision
of daycam orpre-school services for residential or non-
residential care of children under the age of five (5)
years".

"Institute of Higher Education" means an educational
' institution that -

Education Act
Cap. 145.

(a) admits as regular students only persons
having a certificate of graduation from

ANTIGUA 2 Law Revision (Miscellaneous) No. 9 of 2000.
AND (Amendments) (No. 2) Act 2000.

BARBUDA

school providing secondary education, or
the recognized equivale~t of such a
certificate;

(bj is legally authorized to provide a
programme of education beyond
secondary education;

(c) provides an educational programme for
which the institution awards a bachelor's
degree or provides not less than a Zyear
programme that is acceptable for full
credit toward such a degree;

(d) is accredited by either a nationally
recognized accrediting agency or
association, or if not so accredited, is an
institution that has been granted pre-
accreditation status by such an agency or
association that has been recognised by
the Minister for the granting of pre-
accreditation status, and the Minister has
determined that there is satisfactory
assurance that the institution will meet
the accreditation standards of such an
agency or association within areasonable
time;

(e) any school that provides not less than a 1-
year programme of training to prepare
students for gainful employment in a
recognized occupation and that meets the
provision of paragraphs (I), (2) and (4).

(b) in section 35(2), by deleting the words "three hundred"
and "seven hundred and fifty" ,and substituting the
word "one thousand" and two thousand" respectively;

{c) by the insertion after section 52 of the following -

Permit to operate an 52A (1) No person shdl, on the coming into
institution of higher force of this Act, estabjish cr continue to operate
education. in Antigua and Barbuda an institution of higher

education unless he is the holder of a permit
.?ranted by the M~n~ster .

No. 9 of 2000. Law Revision (Miscell&meous) 3 ANTIGUA
(Amendments) (No. 2) Act 2000. AND

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(2) Any person who intends to establish or to
operate an institution of higher education shall
apply to the Minister in the prescribed form.

(3) The Ministerrnay, after consultation with
the Chief Education Officer or some other
recognised educational institution in or outside
Antigua andBarbudacance1 or suspend apermit
granted under thls Act.

(4) The Minister may, by regulation -

(a) prescribe the requirements for
establishing institutions of higher
education;

(b) establish standards for recognition
and certificationof such institutions;

(c) make provision for the effective
mainteance of any approved
standards in such institutions.

(5) Any person who contravenes this section
or any regulation made thereunder commits an
offence and is liable on summary conviction to
a fine not exceeding five thousand dollars or to
imprisonment for a term not exceeding twelve
months.

3. The Immigration and Passport Act is amended as follows - Immigration and
Passport Act Cap.

(a) in section 7, by the repeal of subsection (3) and the
208.

substitution of the following -

"(3) Every permanent resident certificate is
valid for a period of twelve months and may be
renewed on application to the Minister.

(4) The Minister shall not renew any perma-
nent resident certificate issued under this Act
unless he is satisfied that the requirements of
section 17B have been fully complied with".

(b) by therepeal of section 17 B, and the substitutionof the
following -

ANTIGUA 4 Law Revision (Miscelluntvus) No. 9 of 2000.
AND (Amendments) (No. 2) A a 2000.

BARBUDA

(1) Any person who is not a prohibited immi-
grant or otherwise disqualified from entering
into Antigua and Barbuda and who satisfies the
Minister that -

(a) "he maintains a permanent place of
abode in Antigua and Barbuda for at
least thirty (30) days in a year or
engages in a substantial economic
activity in Antiguaand Barbudaand
approved by Cabinet."

(b) he is not suffering from any conta-
gious disease and has a certificate of
his medical condition issued by a
medical practitioner qualified to
practise medicine in Antigua and
Barbuda and approved by the Min-
ister;

(c) he has an annual income of not less
than one hundred thousand United
States dollars (US$lOo,OOO), shall.
d e s s otherwise disqualified under
any other law, or declined by Cabi-
net, be registered under this Act as a
permanent resident.

(2) The Minister shall, acting on the advise of
the Cabinet, register person as a permanent
resident under section 17 B and issue to any
person so registered, a certificate to be known as
permanent resident certificate.

(3) Any person who is granted a permanent
resident certificate under this Act shall, while he
remains a permanent resident under the scheme,
pay annually to the Commissioner sf Inland
Revenue a flat tax of twenty thousand United
States dollars (US$20,OOO).

~xternal~rade ~ c t 4. The External Trade Act is amended has follows -
Cap. 163.

(a) in section 2, by the repeal of the definition of "Comp-
troller of Customs" and the substitution of the follow-
ing -

"Compmller of Customs" means the officer for

No. 9 of 2000. Law Revision (Miscellaneous) 5 ANTIGUA
(Amendments) (No. 2 ) Act 2000. AND

BARBUDA

the time being performing the duties of Comp-
troller of Customs under the Customs (Control
and Management) Act;

"Minister" means the Minister to whom the
responsiblity of Trade is assigned;

"Permanent Secretary" means the Permanent
Secretary within the Ministry responsible for
Trade.

(b) by the deletion of the words ''Comptroller of Customs"
wherever these words appear in sections 3,4,5,6,7,
and 8, and by the substitution therefor of the word
"Permanent Secretary".

(c) in section 9, by the repeal of subsection (1) and the
substitution of the following -

"An appeal shall lie to the Minister for a
review of a decision made by the Permanent
Secretary."

5. The Hotel Guest (Levy) Act is amended as follows - Hotel Guest (Levy)
Act Cap. 202.

(a) in section 2 by the deletion of the definition of "Min-
ister" and the substitution of the following -

"Minister" means the Minister to whom the
responsibility of Tourism is assigned".

''Permanent Secretary" means the Permanent
Secretary within the Ministry of Tourism.

(b) by the repeal of section 3 and the substitution of the
following -

(i) There is hereby established a Hotel Levy Fund
(hereinafter referred to as "the Fund'?.

(ii) There shall be paid into the account of the Fund
all monies collected by proprietors under this
Act.

(iii) Subject to this Act, the Permanent Secretary
may, from time to time, authorise payments out
of the Fund for the promotion and development
of tourism in Antigua and Barbuda.

ANTIGUA 6 Law Revision (Miscellaneous) No. 9 of 2000.
AND (Amendments) (No. 2) Act 2000.

BARBUDA

(c) by the repeal of section 5 and the substitution of the
following -

(i) The Permanent Secretary shall open an account
with a bank approvedby theMinister of Finance
into which all monies collected under this Act
shall be paid.

(d) by the repeal of section 7 and the substitution of the
following -

(1) The Permanent Secretary shall every year
prepare abudget in respect of the promotion and
development of tourism for the approval of the
Cabinet.

(2) All withdrawals from the account of the
Fund shall be by warrant and in accordance with
the budget approved by the Cabinet and pre-
pared under subsection (1).

The Larceny A C ~ 6. The Larceny Act is amended by the insertion after section 33
Cap. 241. the following -

"33A(1) Every person who, being armed with a firearm,
commits any of the crimes mentioned under sections 29,30,
31 or33shallbeliableonconvictiontoatermof~
of not less than twenty-five years.

(2) Every person who, being armed with a firearm,
commits any of the crimes mentioned under sections 29,30,
3 1 or 33 and if during the process of committing any of these
aforesaid crimes, he also commits the crime of rape or
buggery he shall be liable on conviction to imprisonment for
life.

The National parks 7. The National Parks Act is amended as f0110~s -
Act Cap. 290.

(a) in section 4( I), by the renumbering of paragraphs 0,
(g) and (h) as paragraphs (g), (h) and (i) and by the
insertion after paragraph (e) the following -

''(0 in so far as it may appear desirable to the
Authority to do so, it may develop within

No. 9 of 2000. Law Revision (Miscellaneous) 7 ANTIGUA
(Amendments) (No. 2) Act 2000. AND

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Parks, places f ~ r the carrying on of the
business of a vendor and issue licences to
persons permitted to c q on the business
of a vendor in such places,

(b) in section 26, by the deletion of paragraph (c) and the
substitution of the following -

"(c) provide for the fees and charges to be
levied for entry intoCrownLandin aPark
or any buildmgs therein or for any ser-
vices or amenities provided or for licences
issued for carrying on any business in a
park;"

8. The St. John's Development Corporation Act is amended as st. ~ o w s Develop
t'ollows - ment Corporation

Act Cap. 392.

(a) in section 4 by deletion of the full stop after subsection
(3) fl and by the insertion therefor of a semicolon and
by the addition immediately after subsection (3) Cf) of
the following new subparagraph -

"(g) provide and maintain places within a
designated area for the purpose of carry-
ing on the business of a vendor and toissue
licences to such business".

(b) in section 26 by the renumbering of paragraph (c) as
"(e)" and by the insertion after paragraph (b) of the
following --

"(c) grescribing the fees to be charged for
licences issued to persons permitted to
cany on the business of a vendor within
designated areas;

(d) prohhiting thecarrying on ofthe business
of a vendor within thedesignated areaand
fixing the penalty for contravening such
protubition".

9. The Vendors Act is amended as follows - Vendors Act Cap.
463.

(a) by the deletion of section 2 and the substitution of the
following-

ANTIGUA 8 Law Revision (Miscellaneous) No. 9 of 2000.
AND (Amendments) (No. 2) Act 2000.

BARBUDA

"(2) This Act applies to Vendors on all
beaches and in any other place which the Min-
ister may prescribe".

(b) in section 4 in any other section where the words
"Director General" occur, by the insertion after the
words "Director General" appearing therein of the
words "or some other officer appointed by the Minis-
ter";

(c) in section 16, by the renumbering of paragraph (e) as
paragraph If) and by the insertion after paragraph (d)
of the following -

"(e) prescribing the conditions to be attached
to licences issued under this Act";

(d) section 13 is repealed and substituted by the follow-
ing-

"17. Any person who contravenes any provi-
sions of this Act or the regulations made there-
under, commits an offence and is liable on
conviction to a fine not exceeding five hundred
dollars or to imprisonment not exceeding one
month."

(e) The Schedule isrepealed and substitutedby thefollow-
ing -

SCHEDULE

Fee Annual fee Half yearly fee

All beaches and places
to which this Act applies $100.00 $50.00

Duplicate licence $ 50.00

The ~ranspnt 10. The Transport Board Act is amended by the repeal of
Board Act No. l3 subsection (1) and the substitution of the following -
of 1999.

"(1) The Board shall keep accounts of its &ansactiom to
the satlsfactlon of the Minister responsible for Finance and

No. 9 of 2000. Law Revision (Miscellaneous) 9 ANTIGUA
(Amendments) (No. 2) Act 2000. AND

BARBUDA

the accounts shall be audited annually by the Director of
Audit or by an auditor qualified to practise in Antigua and
Barbuda and appointed by the Minister of Finance.

11. The Antigua and Barbuda Hospitals Board Act 1999 is Antigua and Bar-
amended by the insertion after section 11 of the following -

buda

Board Act No. 1 of
1999.

(a) by the repeal of the definitionof "general hospital" and
the substitution of the following -

"the general hospital" means the i-Iolberton Hospital,
the Medical Centre at Mount St. John's and any other
premises which the Minister may, by notice published
in the Gazette, declaretobe part ofthegeneral hospital.

(b) by the insertion after section 11 of the following-

Appointment of 11A. (1) The Board shall appoint at remu-
Director of neration, terms and conditions approved by the
Nursing. Cabinet, a Director of Nursing Services who

shall be a qualified registerd nurse.

(2) The Director of Nursing Services shall be
responsible to the Hospitals Director for the
programme and activities of nursing care of
patients ai~d shall coordinate professional ac-
tivities of the nursing staff with those of the
medical staff.

(c) by the insertion after section 12(3) of the following-

(4)Theemoluments of any public officer who
is seconded to theBoard shall, attheendofevery
month after commencement of this Act, be paid
into the consolidated Fund by the Board for the
benefit of such public officers.

(5) The sums payable as contributions by the
Government under the Social Security Act in
respect of each such public officer seconded to
the Board shall, at the end of every month after
commencement of this Act, be paid into the
Consolidated Fund by the Board and such sums

ANTIGUA 10 Law Revision (Miscellaneous) No. 9 of 2m.
AND (Amendments) (No. 2 ) Act 2000.

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shall be paid by the Government into the Social
Security Fund established under the Social Se-
curity Act.

(6) The Board shall w i t h six months after
the end of each financial year pay to the Govem-
ment contributions to the pension and other
rights of such public officers under the Pensions
Act such sums of money as would have been due
by the Government in respect of the accruing
pension and other rights of such public officers
under the Pensions Act had such public officers
not been seconded to the Authority.

(d) by the renumbering of section 16 as section 16(1) and
by the insertion of the following -

"(2) For the year 2000, the monies approved
by Parliament for the use of the Holberton
Hospital and the Mental Hospital in the Esti-
mates of Recurrent Revenue and Expenditure,
2000 shall be deemed to be part of the monies
appropriated by Parliament for use of the Board
in accordance with the purposes for which they
were approved."

Passed the House of Representatives Passed the Senate this 20th day
this 7th day of June, 2000. of June ,2000.

Bridget Harris,
Speaker.

Yvonne Henry,
Deputy Clerk to the House of

Representatives.

Senator Llewellyn Smith,
Vice President.

Sylvia Walker,
Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 2000.
8-8-00 [ Price $4.35 ]

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