Chapter 18:06 - Caribbean Community

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L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN COMMUNITY ACT
CHAPTER 18:06
Act
8 of 2006
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 7 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 18:06
CARIBBEAN COMMUNITY ACT
ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
PART II
THE COMMUNITY
3. Treaty to have force of law.
4. Financial provisions.
5. Implementation of the Treaty.
6. Referrals and evidence.
7. Amendment of Treaty.
PART III
GENERAL
8. Inconsistency with other law.
SCHEDULE
__________________________
[1ST JANUARY, 2006]
and for matters connected therewith.
including the CARICOM Single Market and Economy
Chaguaramas Establishing the Caribbean Community
An Act to give effect to the Revised Treaty of 8 of 2006
CARIBBEAN COMMUNITY ACT
CHAPTER 18:06
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Short title.
Interpretation.

Treaty to have
force of law.

Financial
provisions
PART I
PRELIMINARY
1. This Act may be cited as the Caribbean
Community Act.
2. For the purposes of this Act -
“CARICOM Single Market and Economy” means the
regime established by the Treaty for the deeper
integration of the national markets and economies of all
Member States of the Community;
“Community: means the Caribbean Community established
by Article 2 of the Treaty;
“Treaty” means the Revised Treaty of Chaguaramas
establishing the Caribbean Community, including the
CARICOM Single Market and Economy signed by the
Heads of Government of the Caribbean Community
in Nassau, The Bahamas on the 5th day of July, 2001.
PART II
THE COMMUNITY
3. (1) Subject to the provisions of this Act, the Treaty
shall have the force of law in Guyana.
(2) The Community shall have the full juridical
personality.
4. (1) All sums required to be paid by the
Government for the purpose of meeting the obligations of
Guyana under the Treaty shall be charged on the
Consolidated Fund.
(2) All sums received by the Government under or
by virtue of the Treaty shall be paid into the Consolidated
Fund.
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Implementation
of the Treaty.
Referrals and
evidence.
5. The Minister charged with responsibility for
CARICOM Affairs may, by regulations subject to
affirmative resolution of the National Assembly, make
provision for the purpose of –
(a) implementing any Community obligation of
Guyana, or enabling any such obligation
to be implemented;
(b) enabling any rights enjoyed or to be
enjoyed by Guyana under or by virtue of
the Treaty, to be exercised; or
(c) dealing with matters arising out of or related
to any such obligation or rights.
6. (1) For the purposes of all legal proceedings
any question concerning the interpretation or application of
the Treaty or concerning the validity, meaning or application
of instruments made under the Treaty shall be treated as a
question of the law to be referred to the Caribbean Court of
Justice, where a court or tribunal seised of an issue considers
that a decision on the question is necessary for it to deliver
judgment.
(2) Evidence of any instrument issued by an
organ of the Community or of any document in the custody
of the Secretariat of the Community, or any entry in or
extract from such a document, may be given in any legal
proceedings by production of a copy certified as a true copy
by the Secretary General of the Community.
(3) Where any instrument issued by the
Community is in the custody of a Department of
Government, evidence of such an instrument may also be
given in any legal proceedings by production of a copy
certified as a true copy by an officer of the Department of
Government concerned generally or specially authorised so
to do, and any document purporting to be a copy of such
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Amendment of
Treaty.

Inconsistency
with other law
an instrument in the custody of the Department of
Government shall be received in evidence without proof of
the official position or handwriting of the person signing the
certificate or of his authority to do so or of the document
being in the custody of the Department of Government
concerned.
7. (1) Where the Treaty is amended in accordance with
Article 236, the Minister charged with responsibility for
CARICOM Affairs shall, by order, amend the Treaty
accordingly.
(2) An order made under subsection (1) may
contain such consequential, supplemental or ancillary
provisions (including provision amending this Act) as
appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the amendment of the Treaty.
(3) Where the Treaty is amended pursuant to this
section, any reference to the Treaty in this Act or any other
law or instrument shall, unless the context otherwise
requires, be construed as reference to the Treaty so amended.
(4) An order made under subsection (1) shall be
subject to affirmative resolution of the National Assembly.
PART III
GENERAL
8. (1) In the event of any inconsistency between the
provisions of this Act and the operation of any other law
other than the Constitution, the provisions of this Act shall
prevail to the extent of the inconsistency.
(2) The President may by order subject to
affirmative resolution of the National Assembly made at
any time before 31st December, 2007 amend or repeal
any existing law, other than the Constitution, to bring that

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law into conformity with this Act or otherwise for giving
effect or enabling effect to be given to it
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