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Chapter 39:13 - Caribbean Examinations Council (Examinations)

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LAWS OF GUYANA
CARIBBEAN EXAMINATIONS COUNCIL
(EXAMINATIONS) ACT
CHAPTER 39:13
Act
16 of 1990
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 6 ... 1/2012
L.R.O. 1/2012
LAWS OF GUYANA
2 Cap. 39:13 Caribbean Examinations Council (Examinations)
L.R.O. 1/2012
Index
of
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
LAWS OF GUYANA
Caribbean Examinations Council (Examinations) Cap. 39:13 3
L.R.O. 1/2012
CHAPTER 39:13
CARIBBEAN EXAMINATIONS COUNCIL (EXAMINATIONS) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Unlawfully procuring examination paper.
4. Restriction on use of examination paper.
5. Restriction on use of certain information.
6. Removal of examination paper.
7. Surrender of examination paper.
8. Disclosure by employees of Council.
9. Restriction on entering examination.
10. Impersonation.
11. Forgery of documents.
12. Penalty.
13. Regulations.
__________________________
16 of 1990 An Act to provide for the protection of the integrity of
examinations held by the Caribbean Examinations
Council.
[14TH JUNE, 1990]
Short title.
Interpretation.

c. 39:12
1. This Act may be cited as the Caribbean
Examinations Council (Examinations) Act.
2. In this Act—
“Council” means the Caribbean Examinations Council
referred to in section 2(1) of the Caribbean Examinations
Council Act;
LAWS OF GUYANA
4 Cap. 39:13 Caribbean Examinations Council (Examinations)

Unlawfully
procuring
examination
paper.

Restriction on
use of
examination
paper.
Restriction on
use of certain
information.
“examination paper” means a paper containing confidential
information for candidates or questions to be answered
in an examination being held or to be held by the
Council, and includes a draft of such a paper;
“Registrar” means the Registrar of the Council and includes
any public officer authorised by the Minister to discharge
the functions of the Registrar under this Act.
3. No person shall, without the authorisation of the
Registrar, procure possession or custody of an examination
paper. A person who unlawfully procures possession or
custody of an examination paper is guilty of an offence.
4. (1) A person having in his possession or custody an
examination paper shall not, without the authorisation of the
Registrar—
(a) permits that paper to be seen by any
other person;
(b) subject to section 7, gives or permits
that paper to be given to any other
person;
(c) discloses the contents of that paper to
any other person; or
(d) makes any other use of that paper or
its contents.
(2) A person contravening the provisions of this
section is guilty of an offence.
5. (1) A person having in his possession information
respecting the contents of an examination paper shall not,
without the authorisation of the Registrar—

L.R.O. 1/2012
LAWS OF GUYANA
Caribbean Examinations Council (Examinations) Cap. 39:13 5
L.R.O. 1/2012

Removal of
examination
paper.

Surrender of
examination
paper.

Disclosure by
employees of
Council.
(a) give that information to any other
person;
(b) permit that information to be given to
any other person; or
(c) make any other use of that
information.
(2) A person contravening the provisions of this
section is guilty of an offence.

6. A person who, without the authorisation of the
Registrar, removes any examination paper from a room in
which an examination is being held by the Council is guilty of
an offence.
7. A person who comes into possession of an
examination paper shall, unless otherwise authorised by the
Registrar, surrender that paper to the Registrar or the nearest
police station. Any person who fails, without reasonable
excuse, to surrender that examination paper is guilty of an
offence.
8. (1) A person employed in the setting, examining,
scoring, moderating, vetting, printing, collecting, storing,
distributing, or keeping of the custody of any examination
paper who, without the authorisation of the Registrar,
discloses to any other person the contents thereof is guilty of
an offence.
(2) A person employed as a supervisor or an
examiner, invigilator, attendant or otherwise in connection
with an examination being held or to be held by the Council
who, without the authorisation of the Registrar, discloses to
any other person the contents of an examination paper is
guilty of an offence.

LAWS OF GUYANA
6 Cap. 39:13 Caribbean Examinations Council (Examinations)
L.R.O. 1/2012

Restriction on
entering
examination.

Impersonation.
Forgery of
documents.

Penalty.
[6 of 1997]
Regulations.
(3) For the purposes of this section, “a person
employed” includes a person engaged under a contract for
services, a person who renders gratuitous service or a person
who renders any service indirectly to the Council.
9. A person who, after acquiring knowledge of the
contents of an examination paper, presents himself as a
candidate at an examination to answer that paper without
having disclosed to the Registrar the fact of his acquisition of
such knowledge is guilty of an offence.
10. A person who, for the purposes of an examination
held, being held or to be held by the Council, knowingly
represents himself to be another person is guilty of an offence.
11. A person who, forges or alters, or 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, is
guilty of an offence.
12. A person guilty of an offence under this Act is
liable on summary conviction to a fine of six thousand dollars
and to imprisonment for a term of twelve months.
13. The Minister may make regulations generally for
carrying into effect the provisions of this Act.
_____________________