No. 30 of 2003. The Touris491 Development 1 ANTIGUA
Corporation (Amendment) Act, 2003. AND

BARBUDA

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

25th February, 2004.

ANTIGUA AND BARBUDA

No. 30 of 2003

AN ACT to amend the TourismDevelopment Corporation Act,
1997.

[ 4th March, 2004 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:

1. This Act may be cited as the Tourism Development Short title.
Corporation (Amendment) Act, 2003 and shall come into
operation on a day to be appointed by the Minister by notice
published in the Gazette.

2. The Tourism Development Corporation Act, 1997 in Amendment of
this Act referred to as "the principal Act", is amended in section 8

Act No. 6 of section 8 - 1997.

(a) by the repeal of subsections (I), (2) and (3) and the
substitution of the following:

"(1) The Minister shall, with the approval
of Cabinet, appoint an Executive Director of
the Corporation.

(2) The terms and conditions of service of

ANTIGUA 2 The Tourism Development No. 30 of 2003.
AND Corporation (Amendment) Act, 2003.

BARBUDA

the Executive Director shall be determined by
the Cabinet on the recommendation of the
Minister after the Minister has held
consultations with the Board.

(3) Subject to this Act and any directions
of the Board, the Executive Director shall be
responsible for the management of the affairs
of the Corporation and for the performance of
its functions and may attend and participate in
the deliberations of the meetings of the Board
but shall have no right to vote."

(b) by the addition, immediately after subsection (6) , of
the following:

"(7) The Board may appoint to the service
of the Corporation such suitable persons,
including persons seconded from the civil
service, as it may consider appropriate for the
performance of the functions of the
Corporation."

Amendment of 3. Section 10 of the principal Act is amended -
section 10.

(a) in paragraph (b) of subsection (1) -

(i) by the deletion of the word "and" where it first
appears;

(ii) by the insertion of a comma immediately after
the word "fees";

(iii) by the insertion immediately after the word
"charges" of the words "and levies"; and

(iv) by the deletion of the words "the Tourism
Corporation Fund" and the substitution of the
words "the Tourism Development Corporation
Fund."

(b) in subsection (2) by the deletion of the words "the
Tourism Corporation Fund" and the substitution of

No. 30 of 2003. The Tourisi~r Development 3
Corporation (Amendment) Act, 2003.

the words "the Tourism Development Corporation
Fund"; and

(c) by the addition of the following subsection
immediately after su6section (2):

"(3) The Fund established by subsection
(2) shall be treated as a special fund under
section 6 of the Finance and Audit Act as if it
had been established under that Act and shall
be subject to the provisions of that Act."

4. Section 12 of the principal Act is amended -

(a) in subsection (2) by the deletion of the words
"Subject to subsection (3), the Minister of Finance
may guarantee" and the substitution of the words
"Subject to subsection (3), the Minister of Finance
may, with the approval of Cabinet, guarantee", and

(b) by the deletion of subsection (3) and the substitution
of the following:

"(3) Advances and guarantees under this
section shall be issued or made in accordance
with the Finance and Audit Act."

5. Section 18 of the principal Act is amended in subsection
(1) by the deletion of the words "a duly qualified auditor" and
the substitution of words "a person qualified to practise as an
auditor under the Accountancy Profession Act, 1992, appointed
by the Director of Audit".

6. Section 24 of the principal Act is amended in subsection
(1) -

(a) in the introductory provision, by the deletion of the
words "The Board may, with approval of the
Minister, make regulations generally7' and the
substitution of the words "The Minister may, after
consultation with the Board, make regulations7';

ANTIGUA
AND

BARBUDA

Cap. 168.

Amendment of
section 12.

Cap. 168.

Amendment of
section 18.

Act No. 10 of
1992.

Amendment of
section 24.

(b) by the deletion of paragraph (e) and the substitution
of the following:

ANTIGUA 4 The Tourism Development No. 30 of 2003.
AND Corporation (Amendment) Act, 2003.

BARBUDA

"(e) fees and charges to be paid to the
Corporation."

Amendment of 7. The First Schedule to the principal Act is amended -
First Schedule.

(a) in paragraph 1 -

(i) by the insertion immediately after the words
"a Chairman", in subparagraph (a), of the
words "and, from among the members
appointed under subparagraph (b), a Deputy
Chairman"; and

(ii) by the deletion of subparagraph (b) and the
substitution of the following:

"(b) the following other members
appointed by the Minister by an
instrument in writing, of whom -

(i) two shall be nominated by
the Antigua and Barbuda
Hotels and Tourist Asso-
ciation;

(ii) one shall be nominated by
the Antigua and Barbuda
Small Hotels Association;

(iii) one shall be nominated by
the Antigua and Barbuda
Chamber of Commerce and
Industry Limited;

(iv) one shall be nominated by
the taxi operators' asso-
ciations;

(v) one shall be nominated by
the vendors' association;

(yi) one shall be nominated by
the Antigua Airlines
Associations;

No. 30 of 2003. The Touri~m Development 5 ANTIGUA
Corporation (Amendment) Act, 2003. AND

BARBUDA

(vii) one shall be nominated by
the Antigua and Barbuda
Cruise Tourism Asso-
ciation;

(viii) two shall be appointed fiom
among persons who have
relevant experience in
matters relating to tourism,
culture, music,
accountancy or banking or
who are engaged in the
business of travel agencies;

(ix) one shall be nominated by
the Antigua Marine Trades
Association;

(x) one shall be nominated by
the Antigua Farmers
Association;

(xi) one shall be nominated by
the Antigua and Barbuda
Trade Union Congress; and

(xii) three shall be represen-
tatives of the Ministry
responsible for tourism."

(b) in paragraph 2 by the deletion of the words "but
shall not serve for more than two consecutive terms"
and the substitution of the words "and the members
shall be paid such fees as may be approved by
Cabinet."

(c) by the deletion of paragraph 3 and the substitution
of the following:

"Temporary 3. (1) If the Chairman is temporarily
absence or absent from Antigua and Barbuda or
inability of
Chairman, unable to perform the functions of his
Deputy Chairman office, the Deputy Chairman shall
or member perform those functions.

ANTIGUA 6 The Tourism Development No. 30 of 2003.
AND Corporation (Amendment) Act, 2003.

BARBUDA

(2) If both the Chairman and the
Deputy Chairman are temporarily
absent from Antigua and Barbuda or
unable to perform their functions, the
Minister shall appoint an acting
Chairman for the duration of the
absence or inability.

(3) If a member of the Board is
temporarily absent from Antigua and
Barbuda or unable to perform his
functions, the Minister may appoint
another person to act in the place of the
member for the duration of the absence
or inability; and in the case of a member
appointed under paragraph 1 (b), the
Minister shall appoint the acting
member in the same manner and from
the same category of persons as in
respect of the appointment of the
substantive member."

(d) in paragraph 10 -

(i) by the deletion from subparagraph (1) of the
words "but the Board shall hold not less than
twelve meetings in each financial year" and
the substitution of the following words:

"but the Board shall hold-one or more
meetings in each month, and the Minister may
direct the Board to consider, at any such
meeting or at any other meeting directed by
the Minister to be held, any matter referred to
it by the Minister"; and

(ii) by the deletion of subparagraph (5) and the
substitution of the following:

"(5) At any meeting of the Board, nine
members ofthe Board, including the person
presiding, shall constitute a quorum".

No. 30 of 2003. The T o u r i ~ , ~ ~ Development 7 ANTIGUA
Corporation (Amendment) Act, 2003. AND

BARBUDA

8. The Second Schedule to the principal Act is amended by Amendment of
the deletion subparagraph (1) of paragraph 1 and by the
renumbering of subparagraph (2) as paragraph 1.

Passed the House of Representatives Passed the Senate this 1 lth day
this 1st day of December, 2003. of December, 2003.

B. Harris,
Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

- By Authority, 2004.
800-3.04 [Price $3.301