Caribbean Examinations Council Act

Link to law: http://www.belizelaw.org/web/lawadmin/PDF%20files/cap035.pdf
Published: 2000

CAP. 35, CARIBBEAN EXAMINATIONS COUNCIL ACT BELIZE

CARIBBEAN EXAMINATIONS COUNCIL ACT CHAPTER 35

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

CARIBBEAN EXAMINATIONS COUNCIL ACT 4 Amendments in force as at 31st December, 2000.

BELIZE

CARIBBEAN EXAMINATIONS COUNCIL ACT CHAPTER 35

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

CARIBBEAN EXAMINATIONS COUNCIL ACT 4 Amendments in force as at 31st December, 2000.

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CHAPTER 35

CARIBBEAN EXAMINATIONS COUNCIL

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Acceptance of Agreement.

4. Financial provision for giving effect to Agreement.

5. Minister may make orders.

6. Prohibition on obtaining certain papers.

7. Restriction on the use of certain papers.

8. Prohibition on the use of certain information.

9. Offence to remove papers from examination room.

10. Return of papers to Registrar or police station.

11. Disclosure by personnel of the Council.

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12. Entering examination after acquiring prior knowledge.

13. Impersonation.

14. Forgery of documents.

15. General Penalty.

16. Regulations.

_________________

SCHEDULE _________________

CHAPTER 35

CARIBBEAN EXAMINATIONS COUNCIL

[16th September, 1972]

1. This Act may be cited as the Caribbean Examinations Council Act.

2. In this Act, unless the context otherwise requires:-

CAP. 28, R. E. 1980-1990. 6 of 1972. 15 of 1997 1

Short title.

Interpretation.

1Act No. 15 of 1997 came into force with effect from 21st July, 1997, the day it received the assent of the Governor-General.

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“Agreement” means the Agreement establishing the Caribbean Examinations Council, the text of which is set out in the Schedule hereto;

“Council” means the Caribbean Examinations Council established under Article II of the Agreement, the text of which is set out in the Schedule hereto;

“Government” means the Government of Belize;

“Minister” means the Minister responsible for Education.

3. Acceptance by Government of the Agreement is hereby ratified and ap- proved.

4. All sums required to be paid by Government for the purposes of meeting its obligations under the Agreement and for purposes incidental thereto are hereby charged on and shall be paid out to the Consolidated Revenue Fund.

5. -(1) The Minister may make Orders as appear necessary to him for generally giving effect to the aims, purposes and provisions of the Agreement.

(2) Any Order made pursuant to this section shall be laid before the National Assembly as soon as may be after the making thereof and if the Na- tional Assembly by resolution request that the Order laid before it be rescinded the Order shall be rescinded by the Minister but without prejudice to the validity of anything done thereunder.

6. Any person who, prior to an examination held by the Council, unlawfully procures or possesses any paper prepared by the Council containing instruc- tions to candidates or questions to be answered in that examination, commits an offence.

Acceptance of Agreement.

Financial provision for giving effect to Agreement.

Minister may make Orders.

Prohibition on obtaining certain papers. 15 of 1997.

Schedule

Schedule

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7.-(1) Any person who, after procuring or possessing a paper containing questions to be answered in, or instructions to candidates in connection with, an examination to be held by the Council -

(a) permits that paper to be seen by any other person;

(b) gives or permits that paper to be given to any other person;

(c) discloses the contents of that paper to any other person;

(d) permits that paper or its contents to be used by any other person; or

(e) makes any other use of such paper or its contents,

prior to an examination, commits an offence.

(2) This section does not apply in respect of a paper given by an invigilator to a candidate at the time of an examination to which that paper relates.

8. Any person who, after procuring information respecting the contents of a paper referred to in section 6 or 7 above but without obtaining possession of that paper:

(a) gives that information to any other person;

(b) permits that information to be given to any person; or

(c) makes any other use of that information;

commits an offence.

Restriction on the use of certain papers. 15 of 1997.

Prohibition on the use of certain information. 15 of 1997.

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9. Any person who without the consent of the Council, removes any ex- amination paper or paper containing instructions to candidates from a room in which an examination is being held by the Council, while the examination is in progress, commits an offence.

10. Any person who obtains possession of any examination paper or paper containing instructions to candidates in connection with an examination to be held by the Council shall upon obtaining possession thereof return that paper to the local Registrar of the Council or the nearest police station, and failure to do so shall be an offence.

11. Any person employed -

(a) in the setting, examining, scoring, moderating, revising, vetting, printing, collecting, storing, distributing or keeping the custody of any examination paper; or

(b) in the making of a draft examination paper or of a paper con- taining instructions to candidates; or

(c) as a supervisor or an examiner, invigilator, attendant or other- wise;

in connection with an examination held or to be held by the Council and who, prior to or during that examination, knowingly or recklessly discloses to any other person the contents of such examination paper, draft examination paper or paper containing instructions to candidates, commits an offence.

12. Any person who, after acquiring prior knowledge of any question set in connection with an examination held by the Council, thereafter presents himself as a candidate at that examination, commits an offence.

Offence to remove papers from examination room. 15 of 1997.

Return of papers to Registrar or police station. 15 of 1997.

Disclosure by personnel of the Council. 15 of 1997.

Entering exami- nation after acquiring prior knowledge. 15 of 1997.

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13. Any person who represents himself as another person for the pur- poses of an examination commits an offence.

14. Any person who forges, alters, offers, utters, disposes of or puts off, knowing the same to be forged or altered, any document purporting to show that a person has obtained a result in an examination held by the Council commits an offence.

15.-(1) Any person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding two thousand dollars.

(2) No prosecution for any offence under this Act or any Regulations made thereunder shall be instituted by any person except with the written consent of the Director of Public Prosecutions or the Council.

16. The Council may, with the approval of the Minister, make regulations generally for carrying into effect the provisions of this Act.

SCHEDULE

[Section 2]

Agreement Establishing The Caribbean Examinations Council

THE PARTICIPATING GOVERNMENTS:

RECOGNISING the decision of the Second Conference of Heads of Gov- ernment of Commonwealth Caribbean Countries held in Jamaica in January 1964, that the setting up of a Caribbean Examinations Council was a fit and proper subject to regional cooperation;

Impersonation. 15 of 1997.

Forgery of documents. 15 of 1997.

General Penalty. 15 of 1997.

Regulations. 15 of 1997.

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

HAVE AGREED AS FOLLOWS:

ARTICLE I

Interpretation

IN THIS AGREEMENT, unless the context otherwise requires -

“Area” means the following Territories the Governments of which are Partici- pating Governments-

(a) Antigua Guyana Bahamas Jamaica Barbados Montserrat Belize St. Kitts-Nevis-Anguilla British Virgin Islands St. Lucia Cayman Islands St. Vincent Dominica Trinidad and Tobago Grenada Turks and Caicos Islands; and

(b) any other Territory in the Caribbean;

“Article” means an Article of this Agreement;

“Council” means the Caribbean Examinations Council established by Article II;

“National Committee” means a Committee established under Article IX;

“Participating Governments” means the Government which are from time to time parties to this Agreement;

“School Examinations Committee” means the School Examinations Committee appointed by the Council in accordance with Articles IV and X.

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ARTICLE II

Establishment and Constitution

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

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

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

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

(ii) One representative of the University of Guyana appointed by the Vice-Chancellor of the University of Guyana;

(d) (i) Two representatives appointed by each of the Participating Gov- ernments of Barbados, Guyana, Jamaica and Trinidad and To- bago and one representative appointed by each of the other Participating Governments;

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

2.- (1) A member of the Council appointed under paragraph I (c) and (d) of this Article shall subject to paragraph 3 of this Article hold office for a period of three years.

(2) Any such member may at any time resign his office by notice in writing addressed to the appointing authority and his resignation shall take ef- fect upon the receipt of such notice by the Chairman from the appointing au- thority.

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

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

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

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

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

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

6. The Chairman and members of the Council shall be paid such remu- neration and allowances as may from time to time be determined by the Coun- cil.

ARTICLE III

Headquarters

1. The Council shall have its Administrative Headquarters in Barbados.

2. The Council shall establish other administrative and operational centres in Guyana, Jamaica and Trinidad and Tobago and may, if it consid- ers it desirable, establish such centres elsewhere in the Area.

3. The Council may conclude with Participating Governments Agree- ments relating to the legal capacity, privileges and immunities to be recognised and granted to it in respect of its Headquarters and other admin-

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istrative and operational centres.

ARTICLE IV

Duties

The Council shall:

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

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

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

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

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

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

(d) appoint a School Examinations Committee in accordance with Article X;

(e) appoint from among its members an Administrative and Finance Com- mittee which shall include a representative from each of the Participat- ing Governments of Barbados, Guyana, Jamaica and Trinidad and To- bago and four representatives from the other Participating Governments;

(f) receive from any National Committee or other committee established

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under this Agreement reports and recommendations on any matters relevant to the purposes of the Council and consider such reports and recommendations;

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

ARTICLE V

General Powers

The Council shall have power to:

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

(b) delegate to the Registrar any of the duties specified in paragraphs (a), (c) and (g) of Article IV as relate to the holding of examinations; and the making of appointments of other persons mentioned in paragraph (a) of this Article;

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

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

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

(f) appoint such other Committees as the Council may consider neces- sary for the performance of its duties;

(g) regulate the conduct of any examinations conducted under the provi- sions of paragraphs (a), (c) and (g) of Article IV and prescribe the qualification requirements of candidates and the fees payable by them;

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

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

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

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

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

ARTICLE VI

Procedural Arrangements

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

2. The Chairman may call a special meeting of the Council at such time and place as he may appoint, and shall on the written request of six members of the Council call a meeting to be held within twenty-one days after the receipt of the request for the meeting.

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

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

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5. Decisions of the Council and of the School Examinations Committee and of the Administrative and Finance Committee shall be taken on the major- ity vote of all the members present.

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

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

ARTICLE VII

Financial Arrangements

1. The funds of the Council shall include:

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

(b) such monies as are provided for the Council by the Participating Gov- ernments;

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

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

2. The funds of the Council shall be applied towards the accomplish- ment of its purposes.

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

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

5.-(1) The Council shall cause to be kept proper accounts of its financial and other business transactions and shall cause to be prepared not later than

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three months after the end of each financial year:

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

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

(2) Such statements shall be audited by an Auditor appointed by the Council and as soon as may be thereafter a copy of each such statement as audited shall be transmitted to each Participating Government.

ARTICLE VIII

Legal Capacity

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

(a) contract;

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

(c) institute legal proceedings.

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

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ARTICLE IX

National Committees

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

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

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

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

5. It shall be the duty of every National Committee-

(a) to exercise such powers as the Council may from time to time delegate to it; and

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

6. A National Committee may make a report or recommendations to the Council on any matter relevant to the provisions of this Agreement.

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

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

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ARTICLE X

School Examinations Committee

1. The School Examinations Committee shall consist of:

(a) the Chairman of the Council or his Deputy who shall be the Chair-

man;

(b) four members who shall be representatives of the Universities of the

area;

(c) one technical or administrative officer selected by each Participating

Government from its Ministry or Department of Education;

(d) one member of the teaching profession nominated by each National

Committee.

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

(a) preparation for the approval of Council of regulations relating to the

conduct of examinations;

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

els;

(c) consideration of criticisms from schools;

(d) consideration of points raised by examiners in their reports on ex-

aminations and by other means;

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

panels;

(f) the making of recommendations relating to the appointment of ex-

aminers;

(g) advising the Council on all matters relating to examinations;

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

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

ARTICLE XI

Administrative and Finance Committee

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

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

ARTICLE XII

Superannuation Benefits

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

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ARTICLE XIII

Accession

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

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

ARTICLE XIV

Withdrawal

Any Participating Government may withdraw from the Agreement by giving twenty-four months’ notice in writing to the Chairman of the Council who shall within 30 days of the receipt of such notice notify the other Participating Governments.

ARTICLE XV

Amendment

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

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ARTICLE XVI

Entry into Force

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

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

ARTICLE XVII

Inaugural Meeting

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

IN WITNESS WHEREOF the representatives of the Participating Governments being duly authorised in that behalf have executed this Agree- ment.

DONE at on the day of

20........... in single copy, certified copies of which shall be transmitted to all Participating Governments.

Signed by

[HERE FOLLOWS THE SIGNATURE]
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