L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN EXAMINATION COUNCIL ACT
CHAPTER 39:12
Act
15 of 1990
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1 – 24 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 39:12
CARIBBEAN EXAMINATIONS COUNCIL ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Financial provisions.
4. Legal capacity, privileges and immunities.
5. Certificate of Minister conclusive as to contents.
6. Amendment of the Schedule.
7. Regulations.
SCHEDULE—Agreement establishing the Caribbean Examinations
Council
__________________________
15 of 1990 An Act to provide for the implementation by Guyana of the
Agreement establishing the Caribbean Examinations
Council and for purposes connected therewith.
[14TH JUNE, 1990]
Short title.
Interpretation.
1. This Act may be cited as the Caribbean
Examinations Council Act.
2. (1) In this Act—
“Agreement” means the Agreement establishing the
Caribbean Examinations Council set out in the Schedule;
“Council” means the Caribbean Examinations Council
established by the Agreement;
“Participating Governments” means the Governments which
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Financial
provisions.

Legal capacity,
privileges and
immunities.
are from time to time parties to the Agreement.

(2) The reference in paragraph 1 of Article VIII of
the Agreement to the effect that the Council shall possess full
juridical personality shall be construed as meaning that the
Council is a body corporate.
3. (1) All sums required to be paid by the Government
for the purpose of meeting the obligations of Guyana under
the Agreement are charged on the Consolidated Fund.
(2) All sums received by the Government from the
Council shall be paid into the Consolidated Fund.
4. (1) Paragraph 1 of Article VIII of the Agreement
shall have the force of law in Guyana.
(2) Where—
(a) the Council has concluded with the
Participating Governments any
agreement under paragraph 5 of
Article V of the Agreement relating to
the legal capacity, privileges and
immunities to be recognised and
granted to it in respect of its
Administrative and Operational
Centres; or
(b) any Protocol to the Agreement as is
referred to in paragraph 2 of Article
VIII of the Agreement has been
entered into, relating to the legal
capacity, privileges and immunities to
be recognised and granted by the
Participating Governments, in
connection with the Council,

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c. 18:01
Certificate of
Minister
conclusive as to
contents.
Amendment of
the Schedule.
the Minister may, by order, confer—
(i) in respect of such
Administrative and
Operational Centres, the legal
capacity, privileges and
immunities specified in any
such agreement; or
(ii) in connection with the Council,
the legal capacity, privileges
and immunities laid down in
any such Protocol:
Provided that the privileges and immunities conferred in
respect of its Administrative and Operational Centres, or
conferred in connection with the Council by the Minister by
order under this section shall be consistent with the privileges
and immunities set out in the Fifth Schedule to the Privileges
and Immunities (Diplomatic, Consular and International
Organisations) Act.
5. If in any proceedings a question arises as to the
entitlement of the Council or any other person to any
immunities or privileges under this Act, a certificate issued by
or under the authority of the Minister to the effect that the
Council or other person is or is not entitled shall be conclusive
evidence of the fact.
6. (1) Where Guyana becomes a party to any
agreement to amend the Agreement the Minister may, by
order, amend the Schedule by including therein the
amendment.

(2) An order made under subsection (1) may
contain such consequential, supplemental or ancillary
provisions (including provisions amending this Act) as
appear to the Minister to be necessary or expedient for the
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Regulations.
purpose of giving due effect to the amendment of the
Agreement as mentioned aforesaid.
(3) Where the Agreement in the Schedule is
amended pursuant to this section any reference in this Act or
any other instrument to the Agreement shall, unless the
context otherwise requires, be construed as a reference to the
Agreement as so amended.
(4) Every order made under this section shall be
subject to negative resolution of the National Assembly.

7. The Minister may make regulations which he
considers necessary for giving effect to the provisions of this
Act.
___________________
SCHEDULE
AGREEMENT ESTABLISHING THE CARIBBEAN
EXAMINATIONS COUNCIL THE PARTICIPATING
GOVERNMENTS
RECOGNISING the decision of the Second Conference of
Heads of Government 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 for regional co-operation.
CONSCIOUS of the need for the institution of a new
system of examinations for the Area under aegis of the
Conference;
HAVE AGREED AS FOLLOWS:

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ARTICLE I
INTERPRETATION
In this Agreement, unless the context otherwise
requires—
“Areas” means the following Territories the Government
of which are Participating 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
(b) any other Territory and 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 Governments 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 III and X.

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ARTICLE II
ESTABLISHMENT AND CONSTRUCTION
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
appointed 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
Governments of Barbados,
Guyana, Jamaica and Trinidad
and Tobago 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.
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2. (a) A member of the Council appointed
under paragraph 1 (c) and d) of this
Article shall subject to paragraph 3 of
this Article hold office for a period of
three (3) years;
(b) Any such member may at any time
resign his office by notice in writing
addressed to the appointing authority
and his resignation shall take effect
upon the receipt of such notice by the
Chairman from the appointing
authority.
(c) 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 such inability.
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 (3) years and shall be eligible for
re-election. If, however, he resigns his
office before the expiration of his
term, the Chairman elected in his
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place shall hold office for the
unexpired term.
(c) The Council shall elect one of its
members to be Deputy Chairman 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 remuneration and allowances as may from time to
time be determined by the Council.
ARTICLE III DUTIES
The Council shall:
(a) conduct such examinations as it may
think appropriate and award
certificates 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 conditions
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;
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(c) consider, having regard to standards,
the advisability of inviting and, if
thought fit, invite any other
examining Body to conduct
examinations in the areas 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 to 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
Committee which shall include a
representative from each one of the
Participating Governments of
Barbados, Guyana, Jamaica and
Trinidad and Tobago and four
representatives from the other
Participating Governments;
(f) receive from any National Committee
or other committee established 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
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examinations which the Council
considers feasible.
ARTICLE IV GENERAL POWERS
The Council shall have power to:
(a) appoint a Registrar, Pro-Registrar and
such other persons as may be
necessary for the performance of its
duties;
(b) delegate to the Registrar;
(i) any of the duties specified in
paragraphs (a),(c) and (g) of
Article III as relate to the
holding of examinations; and
(ii) 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;

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

(g) regulate the conduct of any
examinations conducted under the
provisions of paragraphs (a), (c) and
(g) of Article III and prescribe the
qualification requirements of
candidates and the fees payable by
them;
(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.

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ARTICLE V LOCATION OF FACILITIES
1. The Council shall establish Administrative and
Operational Centres in Barbados and Jamaica, and may
establish such Centres in Guyana, Trinidad and Tobago and
elsewhere in the Area.
2. For the purpose of Administration and operations,
the Area shall be divided into two geographical zones—the
Western Zone and the Eastern Zone. The Western Zone shall
comprise the Territories of Bahamas, Belize, Cayman Islands,
Jamaica and Turks and Caicos Islands. The Eastern Zone shall
comprise the Territories of Antigua, Barbados, British Virgin
Islands, Dominica, Grenada, Guyana, Montserrat, St. Kitts-
Nevis-Anguilla, St. Lucia, St. Vincent and Trinidad and
Tobago.

Such of the Council’s operations as relate to the
Western Zone shall be directed from the Administrative and
Operational Centre in Jamaica. Such of the Council’s
operations as relate to the Eastern Zone shall be directed from
the Administrative and Operational Centre in Barbados.
3. The Administrative and Operational Centre located
in Barbados shall be the Administrative Headquarters from
which the general business of the Council shall be directed.
4. The Registrar shall be based in the Administrative
and Operational Centre in Barbados and the Pro-Registrar
shall be based in the Administrative and Operational Centre
in Jamaica.
5. The Council may conclude with Participating
Governments agreements relating to the legal capacity,
privileges and immunities to be recognised and granted to it
in respect of its Administrative and Operational Centres.

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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.

5. Decisions of the Council and of the School
Examinations Committee and of the Administrative and
Finance Committee shall be taken on the majority 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.

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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
Governments;
(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 accomplishment of its purpose.
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. (a) 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
three months after the end of each
financial year;
(i) a statement showing in detail
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the items of income and
expenditure of the Council and
the total of such income and
expenditure for the immediate
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.
(b) 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 Committee.
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 the 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
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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.
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 Chairman;
(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 panels;
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(c) consideration of criticisms from
schools;
(d) consideration of points raised by
examiners in their reports on
examinations 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
examiners;
(g) advising the Council on all matters
relating to examinations;
(h) performing such duties as may be
delegated to it by the Council.
3. The School Examinations Committee shall have
power to co-opt any person to assist it in its work, 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 sub-committee in each Territory of the Area and
may delegate to any such sub-committee such powers as it
thinks fit regarding administrative and financial matters
affecting that Territory.
2. Decisions of a sub-committee appointed under
paragraph 1 of this Article shall be taken by a majority of
votes of the members present and voting and in so far as the
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procedures of the meetings of any such sub-committee is not
prescribed by the Council, the sub-committee may regulate its
own procedure.
ARTICLE XII SUPERANNUATION
The Council shall enter into arrangements with
participating Governments to secure the preservation of the
superannuation benefits of persons seconded to the services
of the Council from the service of any Participating
Government.
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 this
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
Government.
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
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Amendment to each Participating Government. Such
amendment shall have effect upon the acceptance thereof by
all Participating Governments within six months of the date
of the Chairman transmitting the proposed amendment.
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.
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 authorized in that
behalf have executed this Agreement.
DONE AT Georgetown, Guyana on the 10th day of April,
1972 in a single copy, certified copies of which shall be
transmitted to all Participating Governments.
Signed by
for the Government of the Bahamas on at St. Lucia

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Signed by Jaspar Scotland
for the Government of Antigua on 21st April, 1972
at St. Lucia
Signed by Errol W. Barrow
for the Government of Barbados on 21st April, 1972
at St. Lucia
Signed by O. Cills
for the Government of the British Virgin Islands on 17th
April, 1972
Signed by B. O. Ebanks
for the Government of the Cayman Islands on 21st April 1972
at St. Lucia
Signed by Ronald O. P. Armour
for the Government of Dominica on 21st April, 1972
at St. Lucia
Signed by D. Hoyte
for the Government of Guyana on 21st April, 1972
at St. Lucia
Signed by
for the Government of Jamaica on at
Signed by E. A. Dyer
for the Government of Montserrat on 17th April, 1972
at St. Lucia
Signed for by George Hosten
for the Government of Grenada on 21st April, 1972
at St. Lucia
Signed by A. A. Hunter
for the Government of Belize on 21st April, 1972
at St. Lucia

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Signed by Robert L. Bradshaw
for the Government of St. Kitts-Nevis-Anguilla on 21st April,
1972
at St. Lucia
Signed by John Compton
for the Government of St Lucia on 21st April, 1972
at St. Lucia
Signed by E. Theo Joshua
for the Government of St. Vincent on 21st April, 1972
at St. Lucia
Signed by Carlton Gomes
for the Government of Trinidad and Tobago on 18th May,
1972
at Port-of-Spain
Signed by Albert F. Williams
for the Government of Turks and Caicos Islands on 17th
April, 1972
at St. Lucia
____________________