The National Training Agency Act, 2008.pmd
ANTIGUA AND BARBUDA
THE NATIONAL TRAINING AGENCY ACT, 2008
No. 8 of 2008
[Published in the Official Gazette Vol. XXVIII No. 81
dated 4th December, 2008.]
________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
— By Authority, 2008.
800—12.08 [Price $8.20]
No. 8 of 2008.The National Training Agency Act, 2008. 2
No. 8 of 2008. The National Training Agency Act, 2008.3
THE NATIONAL TRAINING AGENCY ACT, 2008
ARRANGEMENT
Sections
PRELIMINARY
1. Short title and commencement.
2. Interpretation
PART I
THE AGENCY AND ITS BOARD OF DIRECTORS
3. Establishment and incorporation of the Agency
4. Appointment and composition of the Board
5. Objectives of the Agency
6. Functions of the Agency
7. Powers of the Agency
8. Duties of the Board
9. Board to establish committees
10. Delegation
11. Protection of the Board
12. Minister may give directions
13. Custody and use of seal
14. Remuneration of members of Board and Committees
PART II
ADMINISTRATIVE GOVERNANCE OF THE AGENCY
15. Chief Executive Officer of the Agency
16. Other oficers
17. Duties of the Chief Executive Officer
18. Executive Secretary
19. Financial Administrator
PART III
STAFF OF AGENCY
20. Staff generally
21. Appointment of staff
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22. Minister to assist with staffing arrangements
23. Secondment of public officers to the Agency
24. Pension Act to apply
25. Continued employment
PART IV
FINANCE OF THE AGENCY
26. Funds and resources of the Agency
27. Borrowing powers of the Agency
28. Guarantee by Minister of Finance of borrowing by the Ag ncy
29. Accounts and audit
30. Annual Report, statement of accounts and estimates
31. Minutes of the Board receivable in evidence
PART V
TRANSFER OF CERTAIN ASSETS TO THE AGENCY
32. Transfer and vesting of assets
33. Construction of laws, judgments, contracts etc. relating to transferred assets
34. Savings for proceedings etc. related to movable property and undertakings
PART VI
MISCELLANEOUS
35. Eligibility
36. Non-discrimination
37. Rules
SCHEDULE
Constitution and Procedure of the Board
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I Assent,
[ L.S.]
Louise Lake-Tack,
Governor-General.
11th November, 2008
ANTIGUA AND BARBUDA
THE NATIONAL TRAINING AGENCY ACT, 2008
No. 8 of 2008
AN ACT to provide for the establishment of an agency to be known as The National Training Agency
and for incidental and connected purposes.
ENACTED by the Parliament of Antigua and Barbuda as follows:
PRELIMINARY
1. Short title and commencement
This Act may be cited as the National Training Agency Act, 2008 and shall come into force on a date
fixed by Notice by the Minister published in the Gazette.
2. Interpretation
In this Act
“ABNVQ” means the Antigua and Barbuda National Vocational Qualification;
“Agency” means the Antigua and Barbuda National Training Agency;
“Auditor” means the person appointed to the public office of Director of Audit established
under section 97 (1) of the Antigua and Barbuda Constitution;
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“Board” means the Board of Directors established by section 4;
“CVQ” means the Caribbean Vocational Qualification;
“Chairperson” means the Chairperson of the Board of Directors and “Deputy Chairperson”
shall be construed accordingly;
“Chief Executive Officer” means Chief Executive Officer of the Agency appointed under sec-
tion 15;
“Executive Secretary” means the Executive Secretary of the Agency appointed under section
18;
“financial year” means the period of twelve months determined by the Board;
“Minister” means the Minister responsible for Education;
“Ministry” means the Ministry responsible for Education;
“staff” means the technical, administrative and other staff of the Agency;
“training system” means the institutions or departments involved in training, particularly tech-
nical and vocational education and training.
PART I
THE AGENCY AND ITS BOARD OF DIRECTORS
3. Establishment and incorporation of the Agency
There shall be established a body corporate to be known as The National Training Agency.
4. Appointment and composition of the Board
(1) The Agency shall be governed by a Board of Directors consisting of eleven members ap-
pointed by the Minister, after consultation with the Cabinet, as follows:
(a) four members who shall be public officers, one of whom may be from the Ministry re-
sponsible for Labour and another being the National Technical and Vocational Education
and Training Oficer or his or her designate;
(b) seven members who shall be from the private sector, to include a representative from the
No. 8 of 2008. The National Training Agency Act, 2008.7
Trade Union Congress, Banking Association, Antigua and Barbuda Chamber of Com-
merce, Employers Federation, Contractors As ociation, the Antigua Hotel and Tourist
Association and Small Business Manufacturers’ As ociation.
(2) The Minister shall appoint a Chairperson and Deputy Chairperson from among persons ap-
pointed under subsection (1).
5. Objectives of the Agency
The objectives of the Agency are to establish, promote and maintain national occupational standards,
establish an awarding body for National Vocational Qualifications and facilitate the implementation
of modern apprenticeship through ABNVQs.
6. Functions of the Agency
(1) The functions of the Agency are to
(a) promote and coordinate technical and vocational training;
(b) develop and maintain a national training policy;
(c) advise on matters related to technical vocational education and training;
(d) manage a national technical and vocational training system to ensure an adequate supply
of trained employees for national development;
(e) maintain, operate and regulate a system of apprenticeship and traineeship;
(f) establish and maintain standards in technical vocational education and training;
(g) ensure that appropriate training courses and places, syllabi, schedules and programmes
are available in technical or vocational training centres, in industrial, commercial and
public sectors, in state enterprises, private establishments and in other places of employ-
ment, education or training to meet the needs of the country and of the population;
(h) develop and maintain a register of national training facilities and resources, national
dictionary of occupations, including self-employment, skill profiles for existing and pro-
jected occupational opportunities, learning and training materials such as training manu-
als, information booklets, learning packages, self-learning packages and audio-visual
packages, information on the supply and availability of various skills and on the skills
requirements of various trades, industries and technologies;
(i) define the qualifications system to ensure that no confusion exists regarding qualifica-
tions;
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(j) set up a new system of certification (ABNVQs) in a national qualifications framework
and cooperate with counterparts at the CARICOM level to set up a regional system of
certification (CVQs);
(k) develop occupational standards based on industry requirements;
(l) promote a culture of life long learning;
(m) engage in the other activities that the Board determines in consultation with the Minister.
7. Powers of the Agency
The Agency may do or perform all the acts or things that are necessary for, or in connection with, the
performance of its functions under and for the furtherance of the provisions of this Ac that may
lawfully be done or performed by a body corporate.
8. Duties of the Board
(1) The general direction, management and control of the Agency are vested in the Board and the
Board shall exercise the powers of the Agency directly or indirectly through its staff, employees and
agents.
(2) Without prejudice to the generality of subsection (1), the duties of the Board are to:
(a) provide for the welfare of the staff of the Agency;
(b) Implement the policies of the Agency as directed by the Minister;;
(c) control and superintend the property of the Agency;
(d) appoint the technical, administrative and other staff th t appears to the Board to be nec-
essary, on the terms and conditions (including salaries, allowances, other remuneration
and disciplinary control) that the Board may determine;
(e) cause proper accounts of the financial affairs of the Agency to be maintained;
(f) accept, deposit, or act as trustees or managers of the Agency’s property or a legacy,
endowment, bequest or gift to the Agency for purposes of education or research or other-
wise in furtherance of the work of the Agency and to invest funds representing that prop-
erty, legacy, endowment, bequest or gift, if not immediately required in such security as
the Board may deem fit;
(g) provide pecuniary benefits for the employees of the Ag ncy on their retirement, resigna-
tion, discharge or other termination of service, or in the event of their sickness or injury
and for their dependants, and for that purpose effect policies of insurance, establish pen-
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sion and provident funds or make other provision as may be necessary to secure for those
employees and their dependants some or all of the pecuniary benefits to which the provi-
sions of this sub-paragraph relate;
(h) fix fees and charges for services provided by the Agency and to reduce, waive or refund
fees and charges so fixed, generally or in a particular case or class of case;
(i) negotiate a collective agreement or similar agreement with the representative body of the
employees of the Agency;
(j) inquire into and adjudicate upon disciplinary charges against members of staff;
(k) advise the Minister respecting amendments to this Act; and
(l) makes Rules under this Act, with the approval of the Minister.
(3) Where the inquiry and adjudication under paragraph (2)(j) relate to a member of staff who is a
public officer on secondment to the Agency, the Board may, according to its findings, direct the Chief
Executive Officer to recommend to the Permanent Secretary of the Ministry that the secondment of
the staff member be terminated and the Permanent Secretary shall refer the recommendation to the
Public Service Commission.
(4) The Schedule has eff ct in respect to the constitution and other matters relating to the Board.
(5) The Minister, in consultation with the Board, may by Order amend the Schedule.
(6) An Order made under subsection (5) shall be subject to negative resolution of the House of
Representatives.
9. Board to establish committees
(1) The Board may from time to time establish and abolish the committees that it considers neces-
sary or expedient for the purpose of carrying out its functions under this Act.
(2) A committee established under subsection (1) may consist of persons who are members of
Board and persons who are not, but unless otherwise provided by this Act any such committee shall
consist of no more than seven persons, of whom no more than three shall be members of the Board,
and no fewer than two persons, one of whom shall be a member of the Board.
(3) A committee appointed under subsection (1) shall exercise the powers and functions that the
Board determines arising out of or connected with the powers and duties of the Board under this Act.
(4) The Board may by resolution reject the report of a committee appointed under subsection (1)
or adopt it wholly, or with the modifications, additions or adaptations that the Board determines.
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(5) A committee of the Board, including a standing committee, may regulate its own procedure
subject to Rules made under this Act or written directions of the Board in this regard.
(6) The members of a committee appointed under subsection (1) shall elect as chairperson a com-
mittee member who is a member of the Board, unless it is a Disciplinary Committee, in which case the
chairperson shall be a person with legal qualifications.
10. Delegation
(1) Subject to the provisions of this Act, the Board may delegate to an appropriately qualified
member or committee of the Board or an appropriately qualified member of staff, the power and
authority to carry out on its behalf the duties that the Board determines.
(2) The delegation of power or authority under subsection (1) does not prevent or affect the exer-
cise of the power or authority by the Board where the Board considers it necessary.
(3) Notwithstanding subsection (1), the Board may not delegate its power to
(a) advise the Minister respecting amendment to this Act;
(b) make Rules under this Act, with the approval of the Minister;
(c) adopt the Agency’s annual budget; or
(d) approve spending of funds available to the Ag ncy by way of bequest, donation or spe-
cial grant.
11. Protection of the Board
No act done or proceedings taken under this Act shall be questioned on the ground of any omission,
defect or irregularity not affecting the merits of the case.
12. Minister may give directions
(1) The Minister may, give the Board
(a) directions of a general character as to the policy to be followed in the exercise and perfor-
mance of its functions in matters appearing to the Minister to concern the public interest;
and
(b) directions for the remedying of any serious defect or failure in the successful perfor-
mance of its functions;
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(2) The Board shall give effect to the directions.
13. Custody and use of seal
(1) The Agency shall have a seal that is to be kept in the custody of the Chairperson.
(2) The seal of the Agency shall be authenticated by the signatures of the Chairperson or Deputy
Chairperson and one other member of the Board.
(3) All documents, other than those required by law to be under seal, made by, nd all decisions of
the Board shall be signified under the hand of the Chairperson or Deputy Chairperson or a member of
the Board authorised to act in that behalf.
14. Remuneration of members of Board and Committees
(1) The members of the Board shall recommend the remuneration and allowances to be paid out of
the funds of the Agency for the approval of the Minister.
(2) Where persons, not being members of the Board, are members of a committee appointed under
this Act, the Board may by resolution determine the remuneration and allowances of those persons,
and those sums shall properly be payable out of the funds and resources of the Agency.
PART II
ADMINISTRATIVE GOVERNANCE OF THE AGENCY
15. Chief Executive Officer of the Agency
(1) The Board in conjunction with the Minister shall appoint a Chief Executive Officer of the
Agency.
(2) The Chief Executive Officer is the principal executive officer of the Agency.
(3) The Chief Executive Officer is the academic and administrative head of the Agency and shall
generally supervise and direct the work of the Agency and the staff of the Agency, and shall also
perform other functions assigned to him or her by the Board.
(4) The Chief Executive Officer holds ofice as a full-time employee for a term not to exceed five
years, but he or she is eligible for reappointment at the determination of the Board.
(5) Subject to the conditions specified under subsection (6), the Board may, with the prior ap-
proval of the Minister, remove the Chief Executive Officer from ofice on the grounds of misconduct,
inefficiency or other good cause.
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(6) The Board shall, prior to exercising its power of removal under subsection (5), ensure that
(a) the Chief Executive Officer is given due notice of not less than fourteen days that his or
her removal is under consideration together with a statement of the charges alleged
against him or her; and
(b) the Chief Executive Officer is given an opportunity to defend himself or herself in person
or, at his or her own expense, by a representative of his or her own choice, against such
charges.
(7) The Chief Executive Officer may terminate his or her appointment by giving three months
written notice to the Board.
16. Other officers
The Board shall, after consultation with the Chief Executive Officer, appoint the other persons to be
officers of the Agency that it may deem necessary.
17. Duties of the Chief Executive Officer
Without prejudice to any other duties conferred upon the Chief Executive Officer by this Act, the
Chief Executive Officer shall be responsible for
(a) planning the implementation of policy, and for all phases of the operation, administra-
tion, supervision, maintenance and promotion of the Ag ncy and its programmes;
(b) the introduction of measures, mechanisms and procedures necessary for the effec ive
discharge of his or her duties;
(c) the provision of leadership in matters relating to the programmes of the Agency;
(d) the promotion of the interests of the Agency both within and outside Antigua and Barbuda;
and
(e) the exercise of other powers conferred on him or her or delegated to him or her by the
Board in accordance with this Act or Rules made under this Act.
18. Executive Secretary
(1) The Board shall appoint an Executive Secretary of the Agency.
(2) The Executive Secretary shall perform the duties of Secretary to the Agency, more specifically
to the Board and a committee to which he or she may be assigned by the Board.
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19. Financial Administrator
(1) The Board shall appoint a Financial Administrator of the Agency.
(2) The Agency’s Financial Administrator shall receive on behalf of the Agency all monies and
property payable or deliverable to the Agency and his or her receipt shall be sufficient discharge of
the same.
(3) The Financial Administrator is responsible for the day-to-day administration and control of the
financial afairs of the Agency.
(4) The Financial Administrator shall have the other duties that the Board considers appropriate.
PART III
STAFF OF THE AGENCY
20. Staff Generally
(1) Subject to this Part, the Agency shall have the number of technical, administrative and other
staf as the Board determines necessary from time to time.
(2) The employment of persons under subsection (1) shall be subject to the terms and conditions
that may be agreed between the employee and the Board.
21. Appointment of staff
The Chief Executive Officer, technical staff and senior administrative staff shall be appointed by the
Board and other members of the staff shall be appointed by the Chief Executive Officer or another
person to whom the power is delegated by Board.
22. Minister to assist with staffing arrangements
The Minister shall ensure where necessary that arrangements are made for the services of the staff
presently employed by the training system to be made available to the Agency as needed, from the
commencement of this Act.
23. Secondment of public officers to the Agency
(1) Where secondment of a public officer to the Agency is approved by the Public Service Com-
mission, subject to the conditions that it may impose, the officer so seconded to the Agency shall be
employed in accordance with the provisions of this Act, but the service of the seconded officer during
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the period of the secondment shall, in relation to pension, gratuity or other benefits and rights as a
public officer, be treated as continued service in the Public Service.
(2) For the avoidance of doubt, it is hereby declared that an officer seconded from the Public
Service to the Agency shall continue to be a public officer until the time when he or she resigns,
retires, or otherwise leaves the Public Service, but the officer shall during his or her period of
secondment to the Agency, comply with the provisions of this Act and Rules made under this Act.
(3) The Board may employ a public officer on secondment to the Agency as a member of staff for
a maximum period of two years, except in exceptional circumstances, when the secondment may be
extended or renewed.
(4) A public of icer who is seconded to the Agency shall exercise an option, at least three months
prior to the completion of the period of his or her secondment, of either becoming a member of the
permanent staff of the Agency or returning to his or her substantive position in the Public Service or
another equivalent and suitable position to which he or she may be appointed in the Public Service.
(5) A public oficer who exercises his or her option under subsection (4) to
(a) become a member of the permanent staff of the Agency, shall do so in writing addressed
to the Chairperson and copied to the Permanent Secretary of the Ministry; or
(b) return to the Public Service, shall do so in writing to the Permanent Secretary of the
Ministry and copied to the Chairperson.
(6) Where the officer under subsection (5) exercises the option to return to his or her substantive
position and the position no longer exists, the Establishment, Personnel and Training Department
shall consult with the officer in order to treat with the officer or his or her representative with a view
to agreeing to a suitable alternative position to which the officer may be appointed by the Public
Service Commission, or subject to the power of removal by the Commission, to make provision for
compensation.
(7) A public of icer on secondment to the Agency shall be employed by the Agency so that his or
her remuneration and conditions of service are not less favourable than those that are attached to the
appointment in the Public Service.
24. Pension Act to apply
(1) Where a public officer on secondment to the Agency exercises the option to accept permanent
employment with the Agency, the provisions of the Pensions Act continue to apply to him or her in
relation to his or her service with the Agency as if he or she had continued to be a public offi er in
respect of his or her pension and gratuity payments.
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(2) An officer to whom the Pension Act applies under subsection (1) may, subject to subsection
(3), hold ofice for an indeterminate period.
(3) An officer to whom this section applies shall vacate his or her office or employment with the
Agency at the mandatory age of retirement from the Public Service and is eligible for gratuity and
pension payments at that age.
25. Continued employment
An officer to whom section 24 applies is eligible, at the pleasure of the Board and on the terms and
conditions that it determines, to continue in the employment of the Agency after that person has
reached the mandatory age of retirement from the Public Service.
PART IV
FINANCE OF THE AGENCY
26. Funds and resources of the Agency
The funds and resources of the Agency shall consist of
(a) the sums that are voted for the purpose of the Agency by Parliament;
(b) all sums borrowed by the Agency for the purpose of meeting any of its obligations or
discharging any of its functions;
(c) sums received by way of service fees; and
(d) all other sums or property which may in any manner become payable to, or vested in the
Agency in respect of any matter incidental to its functions.
27. Borrowing powers of the Agency
(1) Subject to the provisions of subsection (2), the Ag ncy may borrow sums required by it for
meeting any of its obligations or discharging any of its functions.
(2) The power of the Board to borrow is exercisable only with the approval of the Minister of
Finance as to the amount and the source of the borrowing, and the terms on which the borrowing may
be efected.
(3) An approval given by the Minister of Finance in any respect for the purpose of subsection (2)
may be either general or limited to a particular borrowing, and may either be unconditional or subject
to conditions.
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28. Guarantee by Minister of Finance of Borrowing by the Agency
(1) With the approval of the House of Representatives, the Minister of Finance may guarantee in
the manner and on the conditions as he or she thinks fit, the repayment of the principal and payment
of interest in respect of any authorised borrowing by the Agency.
(2) Where the Minister of Finance is satisfied that there has been default in the repayment of the
principal monies or payment of interest guaranteed under the provisions of this section, he or she
shall direct the repayment or payment as the case may be, out of the Consolidated Fund, of the
amount in respect of which there has been the default.
(3) The Agency shall make to the Accountant General, at the times and in the manner that the
Minister of Finance may direct, payments of sums that may be so directed in or towards repayment of
sums issued in fulfilment of any guarantee given under this section, and payment of interest may be
directed as regards different sums and as regards interest for different periods.
29. Accounts and Audit
(1) The Board shall keep accounts of the transactions of the Agency to the satisfaction of the
Minister of Finance and the accounts shall be audited annually by the auditor appointed by the Board.
(2) The members, officers and employees of the Agency shall grant to the auditor appointed by the
Board or a public officer authorized by the Auditor, access to all books, documents, monies and
property of the Agency and shall give the Auditor or the officer of the Auditor on request, all such
information within their knowledge in relation to the operation of the Ag ncy.
(3) If a person fails or refuses to comply with a request of the Auditor or the relevant officer made
pursuant to subsection (2) or otherwise impedes or obstructs the Auditor or the officer in the exercise
of his or her functions under this section, the person is guilty of an offe ce and liable on summary
conviction to a fine of one thousand dollars.
30. Annual Report, Statement of Accounts and Estimates
(1) The Board shall submit to the Minister
(a) within three months after the end of each calendar year, or within the further time that the
Minister considers reasonable, a report on the activities of the Agency during that calen-
dar year, and a development plan for the new calendar year;
(b) on or before 1st October of each year, a statement of the Agency’s accounts audited in
accordance with the provisions of subsection 29(1), for the financial year ending in that
year;
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(c) on or before 31st July of each year, its estimates of revenue and expenditure for the Ag ncy
in respect of the next financial year for the approval of the Minister.
(2) The Minister shall table annually in the Parliament of Antigua and Barbuda copies of the
Report of the Agency and the audited statement of its accounts mentioned in paragraphs(1)(a) and
(b).
31. Minutes of the Board receivable in evidence
Minutes made of meetings of the Board shall, if duly signed by the Chairperson, be receivable in
evidence in all legal proceedings without further proof; and every meeting of the Board in respect of
which minutes have been so signed is deemed to have been duly convened and held, and all members
present at it to have been duly qualified to act.
PART V
TRANSFER OF CERTAIN ASSETS TO THE AGENCY
32. Transfer and vesting of assets
(1) The movable property and undertakings owned by the Government and used by it for the work
of the Agency immediately before the date of the coming into force of this Act are transferred to and
vested in the Agency for the same purpose as they were held and used by the Government immedi-
ately before that date.
(2) The transfer and vesting under subsection (1) extends to the whole of the movable property and
undertakings and includes assets, powers, rights, and privileges and all things necessary or ancillary
to them which are held or enjoyed in connection with them or appertaining to them, as well as all
obligations affecting or relating to any of that movable property or undertakings or other things
included.
33. Construction of laws, judgments, contracts, etc. relating to transferred assets
Subject to the provisions of this Act, all laws, judgments, decrees, bonds, contracts, agreements,
instruments, documents, warrants and other arrangements subsisting immediately before the date of
the coming into force of this Act affecting or relating to any of the movable property or undertakings
transferred to the Agency by or under this Act have full force and effect against or in favour of the
Agency, are enforceable fully and eff ctually, as if instead of the Government, the Agency has been
named in them or had been a party to them, and otherwise in substitution of the Government.
34. Savings for proceedings etc. related to movable properties and undertaking
(1) Where anything has been commenced by or under the authority of the Government prior to the
date of the coming into force of this Act and the thing commenced relates to movable property or
No. 8 of 2008.The National Training Agency Act, 2008. 18
undertakings or a right or liability transferred to the Agency by or under this Act, the thing may be
carried on and completed by or as authorised by the Agency.
(2) Where, immediately before the date of the coming into force of this Act, legal proceedings are
pending to which the Government is or is entitled to be a party, and the proceedings are related to the
movable property or undertakings, or a right or liability transferred by or under this Act, the Agency
shall, as from that date, be substituted in the proceedings for the Government or shall be made a party
to them in like manner as the Government could have become, and the proceedings shall not abate by
reason of the substitution.
PART VI
MISCELLANEOUS
35. Eligibility
(1) Any person is eligible for appointment to an office of, or employment under the Board.
(2) The Board shall, with the approval of the Minister, publish by Order the qualifications deter-
mined under subsection (1).
36. Non-discrimination
(1) A person shall not be denied eligibility to hold office in it or to enjoy any of its advantages,
benefits or privileges, because of a person’ religious or political views or beliefs, race or gender.
37. Rules
The Board may, with the approval of the Minister, make Rules to direct and regulate the management
and administration of the Agency, and without prejudice to the generality of the foregoing, may make
Rules.
(a) respecting the proceedings of the Board and the manner of transacting business;
(b) prescribing the manner in which documents, cheques and instruments of every descrip-
tion shall be signed, executed or kept for the purposes of its functions;
(c) respecting for the custody of monies forming part of the funds and resources of the Board;
(d) providing for the grant and provisions of leave for the Chief Executive Officer and staff
of the Agency;
(e) respecting the conduct and discipline of members of staff;
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(f) respecting the establishment and management of departments or divisions of the Agency;
(g) respecting provision for insurance coverage; and
(h) generally for the exercise of its functions and other matters considered relevant to the
operation of the Agency.
SCHEDULE
CONSTITUTION AND PROCEDURE OF THE BOARD
1. Duration and termination of membership
(1) Except for the first term, in which case the Chairperson and five other members shall be
appointed for a three year term, each member of the Board shall serve a two year term.
(2) Any person ceasing to be a member of the Board in good standing is eligible for reappoint-
ment, but except for the Chief Executive Officer, a member shall not hold office for more than three
consecutive terms.
(3) A member of the Board becomes unfit to hold office and his or her appointment shall be
revoked by the Minister on the advice of the Board if
(a) he or she is medically declared to be of unsound mind;
(b) he or she becomes bankrupt; or
(c) he or she is convicted of an indictable offence;
(4) The ofice of a member of the Board shall become vacant if he or she fails without adequate
cause to attend three successive meetings.
(5) The Chairperson may at any time resign his or her office by instrument in writing addressed to
the Minister and the resignation takes effect as from the date of receipt of the resignation by the
Minister.
(6) A member of the Board, other than the Chairperson, may at any time resign his or her office by
instrument in writing addressed to the Minister and transmitted through the Chairperson and, from
the date of the receipt by the Minister of the instrument, the member ceases to be a member of the
Board.
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2. Temporary members and vacancies
(1) The Minister may appoint any person to act temporarily in the place of a member of the Board
in case of absence or inability of the member to act.
(2) If vacancy occurs in the membership of the Board, the vacancy shall be filled by the appoint-
ment of another member who shall, subject to the provisions of this Act, hold ofice for the remainder
of the period for which the previous member was appointed.
(3) The appointment must be made in the same manner and from the same category of persons as
the appointment of the previous member.
3. Gazetting appointments
The names of all members of the Board as first constituted and every change in the membership of it
shall be published in the Gazette.
4. Personal liability of members
No personal liability shall attach to any member of the Board for
(a) an act or omission of the Board; or
(b) anything done or permitted in good faith in the course of the operations of the Agency.
5. Chief Executive Officer to attend meetings
The Chief Executive Officer may attend meetings of the Board as an ex-offici member, but does not
have the right to vote at them.
6. Responsibilities of the Board
(1) The Board is responsible for the management of the Agency and for the exercise of its func-
tions and powers specified in this Act.
(2) The Board shall be deemed to have delegated to the Chief Executive Officer the functions and
powers of the Board necessary to enable him or her to transact efficiently the day-to-day business of
the Agency.
(3) The Board may, from time to time, employ the persons necessary for the due performance of
the functions of the Agency upon such terms and conditions as it determines.
No. 8 of 2008. The National Training Agency Act, 2008.21
7. Meetings of the Board
(1) The Board shall meet at least once every month and at other times as may be necessary or
expedient for the transaction of its business. The meetings shall be held at the places and times and on
the days that the Board may determine.
(2) The Chairperson, or in his or her absence the Deputy Chairperson, shall preside at meetings of
the Board.
(3) At a meeting of the Board, in case of the absence or inability to act of both the Chairperson and
the Deputy Chairperson, the members of the Board present shall elect one of their members to preside
at the meeting.
(4) The decisions of the Board shall be by a majority of votes and in addition to an original vote,
in any case in which the voting is equal, the Chairperson, or in his or her absence the Deputy Chair-
person or other member presiding at that meeting, shall have a casting vote.
(5) The Minister may attend a meeting of the Board or a committee of it or be represented at that
meeting by a person authorised by him or her in that behalf; and the Minister or that person may take
part in the proceedings at the meeting but shall not vote on any matter.
(6) The Chairperson may at any time summon a meeting of the Board and shall summon a meeting
within seven days.
(a) of a request for that purpose addressed to him or her by four members of the Board; or
(b) of a direction to that effect addressed to him or her by the Minister.
8. Quorum
At any meeting of the Board, or a committee, a quorum shall be the minimum number constituting a
majority of the total number of the members of the Board or committee.
9. Minutes
(1) Minutes of each meeting of the Board or a committee shall duly be kept by the persons the
Board may appoint for the purpose and shall be confirmed by the Chairperson or person presiding at
the next meeting of the Board or committee.
(2) A copy of the minutes of every meeting of the Board or a committee, as the case, shall be
submitted to the Board or the committee at its next meeting.
(3) A copy of the minutes of every meeting of the Board shall be submitted to the Minister within
fourteen days after the meeting.
No. 8 of 2008.The National Training Agency Act, 2008. 22
Passed by the Senate on this 21st day
of August, 2008.
Hazlyn M. Francis,
President.
L. Thomas,
Acting Clerk to the Senate.
Passed by the House of Representatives on
this 21st day of July, 2008.
D. Gisele Isaac-Arrindell,
Speaker.
L. Thomas,
Acting Clerk to the House of Representatives.
