National Drug Commission Act 1993

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Acts/National%20Drug%20Commission%20Act%201993.pdf

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National Drug Commission Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 33

1

BERMUDA
1993 : 33

NATIONAL DRUG COMMISSION ACT 1993

ARRANGEMENT OF SECTIONS

PART 1
PRELIMINARY

1 Short title
2 Interpretation
3 Commencement

PART II
THE NATIONAL DRUG

COMMISSION

4 Establishment of the
Commission

5 Functions of the
Commission

6 Powers of the Commission
7 Minister may give policy

directions

PART III
ADMINISTRATION OF THE

COMMISSION

8 Management of the
Commission, etc

9 Employment of staff
10 Chief Executive Officer
11 Employment of public

officers

PART IV
FINANCE

12 Funds of the Commission
13 Gifts and bequests to

Commission

14 Commission to meet
expenses out of revenue

15 Borrowing powers
16 Application of funds
17 Accounts of Commission
18 Financial year
19 Audit
20 Budget
21 Reports of the

Commission
22 Minister may require

returns, etc.
23 Inspection of treatment

centre
24 Disposal of surplus

premises

PART V
MISCELLANEOUS

25 Information confidential
26 Protection of members
27 Offences
28 Attorney-General's fiat
29 Licensing of treatment

centres
30 Minister may make

regulations
31 Land tax exemption
32 Amendment of Misuse of

Drugs Act 1972

SCHEDULE

NATIONAL DRUG COMMISSION ACT 1993

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[Date of Assent 9 July 1993]

[Operative Date 4 January 1994]

WHEREAS it is expedient to make new provisions in respect of
the prevention of drug abuse, the promotion of a co-ordinated system for
the treatment and rehabilitation of drug abusers, and for matters
connected to those purposes:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

PART I
PRELIMINARY

Short title
1 This Act may be cited as the National Drug Commission Act
1993.

Interpretation
2 (1) In this Act, unless the contrary intention appears—

"appointed member" means a member of the Board appointed by
the Governor, or by the Chairman, under paragraph 1 of the
Schedule.

"the Commission" means the National Drug Commission
established under section 4;

"the Board" means the Board of Directors referred to in section 8;

"the Chief Executive Officer" means the person appointed as
such under section 10;

"connected person" means a person who is so closely connected,
whether by blood or otherwise, to another person as to be, or
to be likely to be, adversely affected as a direct consequence
of that other person being a drug abuser;

"drug", subject to subsection (2), means any substance, the
periodic or continuous use or administration of which—

(a) results or may result in a person developing a
psychological or physical, or both a psychological and
physical, reliance on the substance; or

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(b) alters or may alter a person's mood, perception,
consciousness or behaviour;

"drug abuse" means the use or administration of a drug to the
apparent detriment of a person, or society, or both and "drug
abuser" shall be construed accordingly;

"Minister" means the Minister of Health, Social Services and
Housing;

"financial year" means the financial year of the Commission as
specified in section 18;

"funds" includes moneys, stocks, shares and other securities;

"treatment centre" means any premises, which a person licensed
under this Act, uses or intends to use for the treatment or
rehabilitation of drug abusers or for the care of connected
persons.

(2) For the purposes of this Act the expression "drug" shall be
deemed to include "alcohol".

Commencement
3 This Act shall come into operation on a day to be appointed by
the Minister by notice published in the Gazette.

PART II
THE NATIONAL DRUG COMMISSION

Establishment of the Commission
4 (1) There is hereby established a body to be called "the National
Drug Commission" which shall perform the functions assigned to it by
this Act and by any other statutory provision.

(2) The Commission shall be a body corporate with perpetual
succession and a common seal and may sue and be sued in its corporate
name.

Functions of the Commission
5 The functions of the Commission are -

(a) in consultation with such persons or organisations, or
both, as it considers appropriate—

(i) to formulate policies and develop programmes
intended to prevent or reduce drug abuse and to
promote and encourage the implementation of
such policies and programmes; and

NATIONAL DRUG COMMISSION ACT 1993

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(ii) to promote and encourage the establishment of
a system to co-ordinate the treatment and
rehabilitation of drug abusers and the care of
connected persons;

(b) to advise the Minister and such persons, groups,
organisations or bodies as request it so to do, on policies
and programmes related to the prevention of drug
abuse, the treatment and rehabilitation of drug abusers
and the care of connected persons;

(c) to educate the public, and in particular the young, on
the dangers of drug abuse, and to publicise those
dangers;

(d) to promote and encourage the award of scholarships,
and, with the approval of the Minister, to award
scholarships or other financial assistance, to persons
wishing to pursue courses in basic or advanced training
in matters relating to drug abuse;

(e) to initiate, sponsor and support conferences, seminars
and meetings related to drug abuse;

(f) to initiate, support and publish studies, reports and
other documentation on drug abuse;

(g) to establish, maintain and operate information systems
and facilities, and to encourage and support the
exchange of information of all kinds in respect of
policies, programmes and research, related to drug
abuse;

(h) to establish and operate treatment centres;

(i) to keep under review the situation in Bermuda with
respect to drugs which are being or appear to the
Commission likely to be abused and of which the abuse
is having or appears to the Commission capable of
having harmful effects sufficient to constitute a problem,
and to give to the Minister, where either the Minister so
requests or the Commission considers it expedient so to
do, advice on measures which in the opinion of the
Commission ought to be taken for restricting the
availability of such drugs or supervising the
arrangements for their supply; and

(j) to conduct research into, and develop and maintain a
database of information on, drug abuse in Bermuda.

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Powers of the Commission
6 Subject to the provisions of this Act, the Commission shall have
power to do, in Bermuda or elsewhere, all things necessary or convenient
to be done in or in connection with the performance of its functions and,
without prejudice to the generality of the foregoing, the Commission shall
have power—

(a) to appoint committees which may, but need not, include
members of the Board and to delegate to any such
committee any of the functions conferred on the
Commission by section 5;

(b) with the prior approval of the Minister, but not
otherwise, to acquire by purchase, gift or demise, any
land in Bermuda bona fide required to further the
purposes of the Commission; and

(c) to charge rental in respect of any property owned or
otherwise controlled by the Commission and, with the
prior approval of the Minister, to levy fees and other
charges for its services.

Minister may give policy directions
7 The Minister may, after consultation with the Commission, give
such general directions as to the policy to be followed by the Commission
in the performance of its functions as appear to the Minister to be
necessary in the public interest; and the Commission shall give effect to
any such directions.

PART III
ADMINISTRATION OF THE COMMISSION

Management of the Commission, etc
8 (1) There shall be a Board of Directors of the Commission
which, subject to the provisions of this Act, shall be responsible to devise
and execute the policy of the Commission and to administer and manage
its affairs.

(2) The provisions of the Schedule shall have effect with respect
to the constitution of the Board and otherwise in relation thereto.

Employment of staff
9 (1) Subject to sections 10 and 11, the Board may appoint such
officers and engage such employees as it considers necessary for the
purposes of this Act.

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(2) Subject as aforesaid, the terms and conditions of
employment of persons appointed or engaged shall be as determined by
the Board.

Chief Executive Officer
10 (1) There shall be a Chief Executive Officer of the Commission
who shall be appointed by the Board with the approval of the Minister
and whose services shall not be terminated by the Board except with the
like approval.

(2) The remuneration, emoluments, terms and period of service
of the Chief Executive Officer shall be fixed by the Board with the
approval of the Minister and shall not be altered except with the like
approval.

(3) The Chief Executive Officer shall be responsible for the day
to day management of the Commission and, subject to the directions of
the Board, shall be responsible for carrying out the functions of the
Commission.

Employment of public officers
11 (1) The Governor, acting on the advice of the Minister may,
subject to such conditions, if any, as the Governor, so acting, may
impose, approve the appointment of any public officer by way of
secondment to employment with the Commission.

(2) A public officer seconded in accordance with subsection (1)
to employment with the Commission shall, in relation to pension,
gratuity or other allowance and rights and obligations of a public officer,
be treated as continuing in a public office notwithstanding the
secondment.

(3) The Governor, acting on the advice of the Minister, may
authorize any public officer to exercise, without secondment in
accordance with subsection (1), any function or class of functions under
the control of the Commission; and for the purpose of the exercise of any
such function any public officer so authorized shall be deemed to be in
the employment of the Commission.

PART IV
FINANCE

Funds of the Commission
12 The funds of the Commission shall consist of -

(a) grants from the Government out of moneys appropriated
by the Legislature for the purposes of the Commission;

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(b) any moneys accruing to the Commission in the course of
the Commission's discharge of its functions; and

(c) any moneys borrowed by the Commission pursuant to
section 15, and any endowment, contribution or other
sum given or paid to, or otherwise vested in, the
Commission lawfully.

Gifts and bequests to Commission
13 (1) Subject to subsection (2), the Commission shall have power
to receive all funds or gifts in kind given or bequeathed to the
Commission, or to the Bermuda Government, for the purposes of the
Commission, or given or bequeathed by words showing an intention that
the funds or gifts should enure to or for the benefit of the Commission;
and, subject to the provisions of this Act, the Commission shall apply all
such funds or gifts or, if such funds are invested, the income derived
therefrom, to furthering the purposes of the Commission in such manner
as the Commission thinks fit.

(2) The powers conferred by subsection (1) shall not be
exercised in any manner inconsistent with any condition imposed or any
direction given by the donor or testator with respect to any such fund or
gift.

(3) Notwithstanding anything in the Trustee Act 1975, the
following provisions shall have effect with respect to funds received by
the Commission by way of gift or bequest for the purposes of the
Commission, that is to say—

(a) the Commission may invest liquid funds in such
securities as the Commission may determine, and shall
so invest any such funds that are given or bequeathed
for the endowment of the Commission;

(b) subject to subsection (4), the Commission may realise
any funds that are in a state of investment; and

(c) funds which when received by the Commission are in
any investment may be retained by the Commission in
that investment.

(4) Funds given or bequeathed for the endowment of the
Commission which, pursuant to subsection (3)(b), are realised shall, as
soon as may be practicable or expedient, be reinvested by the
Commission.

Commission to meet expenses out of revenue
14 The Commission shall so manage its affairs as to be able to meet
its financial obligations out of the funds available to the Commission.

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Borrowing powers
15 The Commission shall not, except with the prior written consent
of the Minister, borrow any moneys for the purpose of discharging its
functions under this Act.

Application of funds
16 (1) Subject to sections 13 and 14 and subsection (2) of this
section and without prejudice to section 17, any income derived from
rents, fees or other charges and any other income of the Commission
shall be held and applied to furthering the purposes of the Commission
in such manner as the Commission may think fit.

(2) Any funds appropriated by the Legislature for the purposes
of the Commission shall, subject to the terms of the appropriation, be
applied by the Commission as the Minister may direct.

Accounts of Commission
17 (1) Subject to subsection (2), the Commission shall cause
proper accounts of its financial affairs to be maintained and shall
prepare in respect of each financial year a statement of its accounts in
such form as may be acceptable to the Minister.

(2) The Minister may give general or special directions with
respect to the accounting procedures of the Commission and the
Commission shall act in accordance with such directions.

Financial year
18 The financial year of the Commission shall be the Government
financial year.

Audit
19 (1) The accounts of the Commission shall be audited annually
by the Auditor.

(2) In addition to, or in substitution for, the audit carried out
for the purposes of subsection (1), the Minister may at any time require
the Auditor to examine and report upon the accounts of the Commission
or any part of those accounts and the Commission shall provide the
facilities necessary for such examination.

Budget
20 (1) The Commission shall submit to the Minister for his
approval—

(a) not later than seven months prior to the commencement
of each financial year, income and expenditure
estimates, in such detail as the Minister may require,

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relating to the programmes planned for that financial
year of operation of the Commission; and

(b) as soon as may be, any subsequent proposal to amend
such estimates,

and the estimates, together with any amendments, upon being approved
by the Minister, shall be the Commission's budget for the financial year
to which it relates.

(2) The Minister may in any case, on the application of the
Commission, increase or decrease the period of seven months specified
in subsection (1)(a).

Reports of the Commission
21 (1) The Commission shall, within six months after the end of
each financial year, forward to the Minister—

(a) a report on the operations of the Commission during
that financial year and on the Commission's policy and
programme for future years; and

(b) a copy of the statement of accounts, referred to in
section 17(1), which shall be certified by the Auditor.

(2) The report referred to in subsection (1)(a) shall specify—

(a) any directions given by the Minister to the Commission
during that year; and

(b) the scales of salaries and wages paid to officers and
servants of the Commission.

(3) The Minister shall cause copies of the report referred to in
subsection (1)(a) and of the statement of accounts referred to in
subsection 1(b) to be laid before both Houses of the Legislature.

Minister may require returns
22 Without prejudice to the generality of section 21, the
Commission shall forward to the Minister such returns, statistics or
other information as the Minister may, by notice in writing, require.

Inspection of treatment centres
23 Where, pursuant to section 5(h), the Commission operates a
treatment centre then, at the request of the Minister, the Permanent
Secretary of the Department of Works and Engineering, or any officer of
that Department authorized by him in that behalf, may, at all reasonable
times and upon reasonable notice being given to the Commission, enter
into and inspect all premises within the control and management of the
Commission and so operated, and the Permanent Secretary of the

NATIONAL DRUG COMMISSION ACT 1993

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Department of Works and Engineering shall report to the Minister upon
the state of such premises and the Minister shall forward a copy of each
such report to the Commission.

Disposals of surplus premises
24 (1) The Commission shall from time to time review its
requirements for premises and any premises in the possession of the
Commission which are no longer required for the purposes of the
Commission shall be disposed of in accordance with this section.

(2) Premises which were transferred to the Commission by the
Government for no consideration or for a nominal consideration shall be
transferred by the Commission to the Government for no consideration
or for the same nominal consideration, as the case may be.

(3) Premises other than those to which subsection (2) applies
shall be offered to the Government for purchase by agreement and,
unless notice is given on behalf of the Government that it does not wish
to purchase, the premises, in default of agreement, shall, for the purpose
of the Acquisition of Land Act 1970, be deemed to be land required by
the Government in respect of which purchase by agreement is, in the
opinion of the Minister for the time being responsible for Works and
Engineering, impracticable.

(4) If notice is given on behalf of the Government that it does
not wish to purchase the premises offered to it pursuant to subsection
(3) the Commission may dispose of the premises on the open market to
the Commission's best advantage.

PART V
MISCELLANEOUS

Information confidential
25 No person employed for any of the purposes of this Act shall
reveal or in any manner communicate to any other person, except for the
purposes of this Act or as required by law, any information which may
come to his knowledge in the course of his duties and employment.

Protection of members
26 (1) No action or suit, prosecution or other proceeding shall be
instituted against any member of the Board personally in respect of any
act or omission bona fide done or made by him in execution or intended
execution of any function of the Commission under this Act.

(2) Where a member of the Board is exempt from liability for an
act or omission by reason only of subsection (1), the Commission shall

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be liable for the act or omission to the extent that it would be if the
member were the Commission's servant or agent.

Offences
27 (1) A person who contravenes section 25 is guilty of an offence
and liable on conviction by a court of summary jurisdiction to a fine not
exceeding one thousand dollars and in default of payment to
imprisonment for a term not exceeding six months.

Attorney-General's Fiat
28 Proceedings for an offence against this Act shall not be
commenced without the consent in writing of the Attorney-General.

Licensing of Treatment centres
29 The Minister may, on being satisfied that it is appropriate so to
do, issue to any person a licence to operate a treatment centre.

Minister may make regulations
30 (1) The Minister may, after consultation with the Commission,
make regulations—

(a) prescribing professional and other qualifications
required by persons wishing—

(i) to operate treatment centres; or

(ii) to engage in the treatment or rehabilitation of
drug abusers or the care of connected persons;

(b) prescribing the requirements for the licensing of
premises used or intended to be used as treatment
centres;

(c) prescribing standards in respect of programmes relating
to the treatment and rehabilitation of drug abusers;

(d) prescribing a scale of charges and fees in respect of
treatment centres; and

(e) generally, prescribing all other matters which are
necessary or convenient to be prescribed for carrying out
or giving effect to this Act.

(2) Regulations made under this section may provide for the
imposition of a fine not exceeding one thousand dollars or a term of
imprisonment not exceeding six months, or both, for any contravention
of, or failure to comply with, the provisions of such regulations.

(3) The affirmative resolution procedure shall apply to
regulations made under this section.

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Land tax exemption
31 All property, real or personal, appertaining to the Commission
shall be exempted from land and other taxes of like nature.

Amendment of Misuse of Drugs Act 1972
32 The Misuse of Drugs Act 1972 is amended—

(a) in section 1(1), by deleting the definition of the
expression "the Advisory Board"; and

(b) by repealing section 2 and Schedule 1.

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SCHEDULE (Section 8(2))

Appointment, etc., of Members

1 (1) The Board shall consist of eleven members appointed as
hereinafter provided and the ex officio members specified in sub-
paragraph (5).

(2) Seven members, one of whom shall be appointed Chairman
and another Deputy Chairman by the Governor, shall be appointed by
the Governor acting with, and in accordance with, the advice of the
Premier who shall, prior to giving such advice, consult with the
Opposition Leader.

(3) Subject to sub-paragraph (4), the members referred to in
sub-paragraph (2) shall, immediately after their appointment, select four
other persons to be members of the Board and the Chairman shall
appoint the persons so selected to be members of the Board and shall
forthwith notify the Minister of the members so appointed.

(4) So far as practicable, the persons selected under sub-
paragraph (3) shall be by consensus, so, however, that where there is no
consensus, the persons shall be selected by a majority of the members
appointed under sub-paragraph (2).

(5) The following persons shall be ex officio members of the
Board, that is to say—

(a) the Permanent Secretary of the Ministry of Health, Social
Services and Housing, or his alternate;

(b) the Financial Secretary, or his alternate;

(c) the Permanent Secretary of the Ministry of Education, or
his alternate;

(d) the Commissioner of Police, or his alternate; and

(e) the Chief Executive Officer.

(6) So far as practicable, members of the Board, other than the
ex officio members referred to in sub-paragraph (5), shall be
representative of the various sectors of the community, including,
without limiting the generality of the foregoing, business, labour,
education, religion and voluntary and youth organisations and shall
consist of persons who, having regard to their training, knowledge or
experience might reasonably be expected to assist the Commission in the
performance of its functions.

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(7) Notice of appointment of a member shall be published in
the Gazette.

2 (1) An appointed member shall hold office for such term, not
exceeding three years, as is specified in the instrument of appointment,
and may from time to time be re-appointed.

(2) The term of office of appointed members shall be such as to
ensure, so far as possible, the expiration in any year of not more than
one half of the terms of office of those members.

(3) An appointed member, unless he sooner resigns or is
removed from office, shall continue in office until his successor comes
into office, notwithstanding that the term for which he was appointed
may have expired.

(4) An appointed member may resign his office by notice in
writing delivered—

(a) in the case of a member appointed by the Governor, to
the Governor; and

(b) in the case of a member appointed by the Chairman, to
the Chairman.

(5) The Governor, in the case of a member appointed by the
Governor, or the Chairman, in the case of a member appointed by the
Chairman, may terminate the appointment of an appointed member at
any time and shall terminate the appointment if he is satisfied that the
member—

(a) is incapacitated by physical or mental illness; or

(b) is otherwise unable or unfit to discharge the functions of
a member.

3 A person appointed to fill a vacancy left by a member who did
not complete his term of office shall hold office for the unexpired portion
of that member's term and no longer, but an appointment to such a
vacancy need not be made where the unexpired portion of the term is
less than three months.

Procedure at Meetings

4 No fewer than six appointed members shall form a quorum at a
meeting of the Board.

5. An ex officio member may attend a meeting of the Board and
may assist the Board in its deliberations on any matter, but an ex officio
member shall not be counted for the purpose of constituting a quorum
and shall have no vote.

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6 (1) The Chairman or, in his absence, the Deputy Chairman,
shall preside at a meeting of the Board.

(2) If both the Chairman and the Deputy Chairman are absent
the members present shall elect from among their numbers an appointed
member to preside at that meeting.

7 (1) Any question proposed for a decision by the Board shall be
determined by a majority of the votes of the appointed members present
and voting at a meeting of the Board.

(2) The Chairman or other person presiding at a meeting of the
Board shall have a deliberative, and in the event of an equality of votes, a
second or casting, vote.

8 (1) Subject to sub-paragraphs (2) and (3), the Board shall meet
as often as it considers it necessary so to do for the exercise and
performance of its functions under this Act and, without prejudice to the
generality of the foregoing, shall, in any event, meet no fewer than ten
times in a financial year.

(2) The Chairman may at any time, and shall, at the request in
writing of the Minister or of any two members of the Board, convene a
special meeting of the board.

(3) A notice convening a special meeting of the board shall state
the purpose for which the special meeting is being convened.

(4) Meetings of the Board shall be held at such places, on such
dates and at such times as the Chairman may determine and notice of
such place, date and time shall be given in writing, to each member of
the Board at least forty-eight hours before the time fixed for such
meeting.

(5) The Chairman shall cause minutes of all meetings of the
Board to be kept.

9 (1) A member who is in any way directly or indirectly interested
in any matter which falls to be considered by the Board shall disclose the
nature of his interest at a meeting of the Board, and the disclosure shall
be recorded in the minutes of the meeting.

(2) The member shall not take part in any deliberation or
decision with respect to the matter if the Board decides that the interest
in question might prejudicially affect the member's consideration of the
matter.

(3) For the purposes of this paragraph, a notice given by a
member at a meeting to the effect that he is a member of a specified body
corporate or firm and is to be regarded as interested in any matter

NATIONAL DRUG COMMISSION ACT 1993

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concerning that body or firm which falls to be considered after the date
of the notice shall be sufficient disclosure of his interest.

Miscellaneous

10 (1) The seal of the Board shall be authenticated by the
Chairman or Deputy Chairman and the Chief Executive Officer and shall
be judicially and officially noticed.

(2) All documents, other than those required by law to be
under seal, made by the Board and all decisions of the Board may be
signified under the hand of the Chairman or any other member or officer
authorized to act in that behalf.

11 The validity of any act or proceeding of the Board shall not be
affected by any vacancy among the members, or by any defect in the
appointment of a member, or by any failure to comply with any
requirement of paragraph 8.

12 Appointed members shall be paid such fees and allowances out
of the funds of the Commission as the Board may, with the approval of
the Minister, determine.

13 Subject to the provisions of this Act, the Board shall meet for the
despatch of business, and otherwise regulate its affairs, as it thinks fit.