## Independent Commissions of Investigations Act

Link to law: http://www.moj.gov.jm/laws/independent-commissions-investigations-act
Published: 2010-08-16

### Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

• Unlimited Searches
• Advanced Search Features
• Access to 1,632,095 Global Laws from 95 Countries
• Keyword Email Alerts

INDEPENDENT COMMISSION OF INVESTIGATIONS I

THE WEPENDENT COMMISSION OF
INVESTIGATIONS ACT

ARRANGEMENT OF SECTIONS
. I 1 '

PART I. Preliminary

1. Short title.

2. Interpretation.

PART 11:. The Independent Commission of lmestigations

3. Independent Commission of Investigations.

4. Functions of Commission, .
.

. .
3 .

5. Independence of Commission.

6. Regional offices. - .
7. Appointment of Directors of Complaints. ,
8. Appointment of employees, etc. ,
9. Oath of secrecy.

PART 111. Complaints

10. Complaints, limitation period.

I 1. Reports to Commission.

12. Report required where public confidence affected.

13. Commission may initiate investigation.

14. Conduct of investigation.

15. Informal Resolution of complaints.

16. Dispute Resolution.

17. Formal handling of complaints.

18. Hearings.

19. Grant of access to final investigation report.

20. Powers, authorities and privileges.

2 1. Evidence.

22. Duty to preserve evidence.

. . . >. - . -.'[The-inclusion ' bf !his page is authorized 'by L.N. 92c/2012]
I . .

I
INDEPENDENT COMMSSION OF INVESTIG~ TIONS

I
23. Obligation to comply with recommendations.

24. deview of Commission's decision.

1
- I

25. Duty of investigators to provide support, etc.

PART IV. General \
\ 26. Performance of functions of Commission by members of staff.

27. privileges. \
28. Secrecy. i
29. Accounts, etc.

30. Reports.

3 1'. Power to continue investigation despite legal
i

32. Register. I i
33. Offences.

34. Remedy under other provision of law unaffected.
, - . , 35. Regulations.

36. Power of Minister to amend Schedules and penalties.' *' \
37. ~ e v i e b of Act. * ,.. :.

i
38. Provisions applicable where no Leader of the Opposition. I '

I

SCHEDULES. I* I
I
I .

I
[The inclusion of this page is authorized by L.N. 92~/2012] i

INDEPENDENT COMMISSION OF IWESTIGA TIONS 3

THE INDEPENDENT COMMISSION OF ~ c t
INVESTIGATIONS ACT 12 of 2010.

[ I 6Ih August, 201 0.1

PART I. Preliminary

1. This Act may be cited as the Independent Commission of Short title.
Investigations Act.

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

"Commission" means the Independent Commission of
Investigations constituted under section 3;

"Commissioner" means the person appointed pursuant to
section 3 as Commissioner;

"complaint" means any complaint referred to in section
11, about the conduct of a member of the Security
Forces or a specified official and includes a report
under section 12 or 13;

"concerned officer" means-

(a) any member (of whatever rank) of the Jamaica
Constabulary Force;

(b) any member (of whatever rank) of the Jamaica
Defence Force when acting in support of the
Jamaica Constabulary Force;

(c) any member (of whatever rank) of the Island
Special Constabulary Force and any person
appointed as a parish Special Constable under
the Constables (Special) Act;

(6) aily member of the Rural Police,

[The inclusion of this page is authorized by L.N. 92~/2012]

I
' INDEPENDENT COMMISSION OF IN~.ESTIGATIONS

I
I

"concerned official" means the specified official about
whom " - a complaint is made; I

\

"Constitution" means the Constitution of JamFca;

"co~ectional officer" has the same m e a d g as in the
Corrections Act; I

I "Director of Complaints" means a person appointed
pursuant toi sectib! 7 as a 'Director of ~ d p ~ l a i n t s of

, the Commission; . . \
' I

"document" means- .,I . f
' : , ,,+-

.

(a) any written information relating (directly or
indirectly) to a complaint;

I 4 -. - . 1;.
, (b) any record generated in any manner whatsoever,

including p y record generated by,an automated u , . . I recording device or prokatmne required to
retrieve informition in usable form;' 1

3 . - I , .:'kunctions" , . .. includes . powers and duties- , .&: , . \
- . I :'incident9' means any occurrence that involves mi ponduct

I

of a member of the Security Forces or of a specified
' ofiicial- L I

; . - , ,
(a) resulting in the death of, or injury to, anylperson

I

or that was' intended or likely to result' in the
death of, or injury to, any person; I I

\ . .
(b) involving sexual . .assault;

I

(c): involving assault or battery; I
: (6) resulting . . in - damage to property - . or the taking of

. , , . . . money or other property; . \
.'i (e) $thoigh not falling within paragraphs (a) t2 (4, is, in the opinion of the Commission, an abuse of the rights of a citizen; "investigation" means an investigation into any occurrence carried out by the Commission, for the p&poses of this Act; - . - + . . - 7 '-[qe inclusioi of 'this pa& i s authorized by 'L.N. 92~20121 . i . ., I INDEPENDENT COMMISSION OF INVESTIGATIONS "investigator" in relation to an investigation under this Act means an employee or a part of the Commission assigned duties in relation to that investigation; "public body" means- , (a) a Ministry, department or agency of Government; (b) a Parish council, the Kingston and St. Andrew corporation'; (c) a statutory body or authority; I (4 a company registered 'under the Companies Act, being a company in which the Government or an - . agency of Government, whether by the holding of I . shares or by financial meaqs, is in a position to . influence the policy of the company; - - "region" means the qea specified in a scheme established under section 6 as the area to be administered by a . regional office; , '!regional office'' means 'a regional office 'of the Com- , , . , established pursuant to section 6, in relation I t o which a Director of Complaints may, be given - i responsibility; , "relevant Force" means any one of the Security Forces- (a) involved in an incident; or (b) in relation to which a complaint is made, or an investigation is carried out, under this Act; "relevant public body" means the public body- (a) involved in an incident; or (b) ,in relation to which a complaint is made, or an investigation is carried out, under this Act; "responsible head" means the head of a relevant Force; "responsible officer" means the officer in charge of a relevant public body; [The inclusib .. - of this page is authorized by L.N. 92c/2012] Independent Commission of Investiga- tions. First Schedule. Functions of Commission. I \ INDEPENDEN7 COMMISSION OF INVESTIGf TIONS I I "Security Forces" means- I \ . , (a) the Jamaica Constabulary Force; \ ,I (b) the Jamaica Defence Force; i I \ , (c) the Island Special Constabulary Force;, I (d) the Rural Police; and I ( e ) Parish Special Constables.: . , ' I' "specified official" means- 1 . - . I ' - , I (a) a correctional officer; .. t (b) such other public officer, as the Minister m q by order specify; being a person upon 9hom is conferred anya'of 'the powers, authorities and privileges as are conferred by law on a mdmber of the Jamaica Constabulary Force. I[ i PART 11. The Independent Commission of ~nvesti~ati'ons I t 3 . 4 1 ) For the purposes of this Act, there is herebly con- - I stituted a Commission of Parliament to be known hs the Independent Clommission of Investigations. . . I i ' -(2) The Commission shall consist of a Commissipner, who shall be appointed by the overn nor-~eneral by i n s T e n t - under the Broad Seal, after consultation with-the Prime Minister and the Leader bf the Opposition, from persons of high integrity, who possess the qualifications to hold officeras a Judge of the Supreme Court of Judicature of Jamaica. \ (3) The provisions of the First schedule shall have edect as to the constitution of the Commissiin and otherwise\ in relation thereto. I I 4.-41) Subjec't to the provisions of this Act, the functions of the Commission shall be to- m (a) conduct investigations, for the purposes of this Act; (b) carry out in furtherance of an investigation and as the Commission considers necessary or desirable- I \ [The inclusion of this page is authorized by L.N. 92c/2012] I i INDEPENDENT COMMISSION OF INVESTIGATIONS 7 (i) inspection of a relevant public body or relevant Force, including records, weapons and buildings; (ii) periodic reviews of the disciplinary procedures applicable to the Security Forces and the specified officials; (c) take such steps as are necessary to ensure that the responsible heads and responsible officers submit to the Commission, reports of incidents and complaints concerning the conduct of members of the Security Forces and specified officials. (2) In the exercise of its functions under subsection (1) the Commission shall be entitled to- (a) have access to all reports, documents or other information regarding all incidents and all other evidence relating thereto, including any weapons, photographs and forensic data; (b) require the security Forces and specified officials to furnish information relating to any matter specified in the request; or (c) make such recommendations as it considers necessary or desirable for-. (i) the review and reform of any relevant laws and procedures; (ii) the protection of complainants against reprisal, discrimination and intimidation; or (iii) ensuring that the system of making com- plaints is accessible to members of the public, the Security Forces and specified officials; (6) take charge of and preserve the scene of any incident. (3) For the purpose of the discharge of its functions under this Act, the Commission shall, subject to the provisions of this Act, be entitled- [The inclusion of this page is authorized by L.N. 92~/2012] i I 'I ! I I 8 INDEPENDENT COMMISSION OF INVESTIGATIONS (a) upon the authority of a warrant issued in that behalf by a Justice of the Peace- * \ (i) to have access to all recdrds, @uments or other information relevant to any 'complaint or other matter being investigated; under this Act; \ 4 \ (ii) to have access to iny premises or other I I location where the Commission has reason to I , believe that there may be found &y records, a documents or other information referred to in , sub-paragraph (i) or any property:which is relevant to an investigation under this Act; and \ (iii) to enter any premises occupied by ahy person I , in order to make such enquiries or to inspect I the documents; recoids, information or property as the Commission cbnsiders relevant to 'ahy matter being, investigated . under this Act; and I \ - (b) to retain any records, documents or other property if, andlfor so long as, its retention is reasonably nebessary for the purposes of this Act. I I (4) ,For the purposes of subsiction (3), the ~omrdission i shall have power to require any person to finish in the manner and at such !times as may be specified by the com- mission, information which, in the' opinion of the Com- I mission, is relevant to any matter being investigated under this Act. \ \ Independence 5.-(1) Subject to the provisions of the Constitution, in\the of Commis- sion. exercise of, the powers conferred upon it by this Act, /the Commission shall not be subject to the direction or control, of a any other person or authority. i ', (2) Nothing in subsection' (1) shall be construed \as ,I preventing die assignment to a ~ i n i s t e i of responsibility I - for , . ? , 1 I , - 1 + - - - [The inclusion ,of this page is authorized by L.N. 92d20121 \ I \ 1 I I INDEPENDENT COMMISSION OF INVESTIGATIONS 9 such aspects of the administration of this Act as are necessary or desirable to facilitate liaison between Parliament and the Commission. , 6. The Commission shall, from time to time, prepare a Regional scheme in accordance with the Second Schedule for the 0,':;. establishment and management of regional offices. Schedule 7 . 4 1 ) There shall be five Directors of Complaints, each of Appointment whom shall be responsible for a regional office and for ensuring that investigations in relation to the relevant region are carried plaints ' out under this Act; and any reference in this Act to a Director of Complaints, in relation to an incident or an investigation shall, unless the context otherwise requires, be construed as a reference to the Director of Complaints for the relevant region. (2) The Directors of Complaints shall be appointed by the Commission, at such remuneration and on such other terms and conditions as may be approved by the Committee 'constituted under section 8(2) and stated in their letters of appointment. ' 8 . 4 1 ) The Commission may appoint and employ for the Appoinment of employ-. purposes of this Act, at such'remuneration and on such terms ees,etc, -and conditions as may be approved by the Committee constituted under subsection (2), such other employees and agents as it considers necessary to assist it in the proper performance of its functions under this Act. (2) The Committee referred to in subsection (1) shall consist of- (a) the Speaker, as chairman; (b) the President of the Senate; (c) the person designated by the Prime Minister as Leader of Government business in the House of Represen- tatives; (4 the person designated by the Leader of the Opposition [The inclusion of this page is authorized by L.N. 92c/2012] I INDEPENDENT COMMISSION OF INVESTIGATIONS Oath of secrecy. Third Schedule. Complaints. limitation period. 1 as Leader of Opposition Business in she House of Representatives; and I (e) the person designated by the Prime ~ i n i i t e r as Leader of Government business in the Senate; \ V) the person designated by the Leader of thf Opposition ', as Leader of Opposition business in the Senate;. and I (g ) the Minister responsible for the public service. I (3) The Governor-General may, subject to! such con- I ditions as he may impose, approve the appointment to the staff of the Commission, of any officer in the service of the \ Government, provided that in relation to pension, gratuity and other rights as a public officer, the officer shall be deemed to be in the service of the Government. \ \ .- (4) The Commission shall ensure that in its\ appoint- ment of employees, due regard is had to the desirability that such eqployees be able to function in an independent, ippartial and objective manner, and without unduly close association with any of the Security Forces or public body likeli to be the iubject of investigation under this Act. \ . ' . \ 9. The Commissioner and every person appointed to the staff of the commission shall, before he performs 'any fhction assigned t i , him under or by virtue of this, Act, tad9 and . subscribe'an oath in the form set out in the Third schedule! to be idministered- l 1 . I (a) in the case of the Commissioner, by the ~ovdrnor- General; : I \ (6) in the case of all other employees, by the dpm- missioner. PART 111. Complaints 10.-(1) A complaint may be made to the Commission b) a person who alleges that the conduct of a member of the sec&ty Forces or any specified official- \, (a) resulted in the death of or injury to any person or w d [The inclusion of this page is authorized by L.N. 92~120121 INDEPENDENT COMMISSION OF INVESTIGATIONS intended or likely to result in such death or injury; (b) involved sexual assault; (c) involved assault (including threats of harm, reprisal or other intimidatory acts) or battery by the member or official; ( 4 resulted in damage to property or the taking of money or of other property; (e) although not falling within paragraphs (a) to ( 4 , is, in the opinion of the Commission an abuse of the rights of a citizen. (2) A complaint may be made in the prescribed manner at the office of the Commission or at a regional office. (3) On receipt of a complaint under subsection (I), the Director of Complaints shall- (a) record it in the prescribed form and h i s h to the complainant a copy of that record signed by the ' . . person receiving the complaint; (b) cause an investigation into the complaint to be made forthwith; and ' (c) if in the opinion of the Commission the conduct complained of constitutes an offence, forward a copy of the complaint to the Director of Public Prosecutions forthwith. (4) Subject to section 40(l)(b), and subsection (5), a complaint may not be acted upon by the Commission unless it is made not later than twelve months from the day on which the complainant had notice of the conduct alleged (hereinafter called the limitation period). (5) The Commission may act upon a complaint made outside of the limitation period if, in its discretion, it considers that the circumstances make it just to do so. 1 1 . 4 1 ) The responsible head or the responsible officer, Reportst0 Commission. [The inclusion of this page is authorized by L.N. 92d20121 Report * required where public cbnfidence affected. Commission may initiate investigation. Conduct of investigation. .J, 'INDEPENDENT COMMISSION O F INVESTIGA TIONS I 'I having been made aware of an incident which \involves the relevant public body or the relevant Force, shall make a report to the Commission of the incident- 1, * (a) forthwith, where the incident invblvqs bonduct that I resulted in the death of or injury to any peqson; and I (b) not later than twenty-four hours, in any other case. I (2) It shall be the duty of the responsible head or the responsible officer, as the case may require, to take sAch steps as I are rieceshary to ensure that measures are implemented so that reports of incidents involving members of the teleiiant Force or relevant public body are duly made to the cornmisip. (3) A member of the Security Forces or a \ specified official who, in the course of his duties- i (a) becomes aware of; (b) isiinvolved in, ( ! ' any incident, shall take the steps as are necessary (including reporti& the facts thereof .to the -responsible head; or the responsible officer) to ensure that a report is made to th'e Com- mission in accordance with subsection (1). " ' . . ' \ 12. Where the Commission is satisfied that an incideht is of such an exceptional nature, that it is likely to have a sigdificant impact on public confidence in the Security Forces or a 'public body, the ~ o k n i s s i o n shall require the relevant Force br the relevant public body to make a report of that incident to the Commission, in the form and containing such particulars as the Commission may specify. 1 I 13. An investigation under this Act hay be , . undertaken by the Commission on'its o h initiative. 1 1 9 \ 14.-(1) The Commission shall, for the purpose of deciding the most appropriate method of investigation, - make an assess- ment of- I i + (a) the seriousness of the case; 1 [The inclusion of this page is authorized by L.N. 92c/2012] . INDEPENDENT COMMISSION OF INVESTIGATIONS (b) the importance of the investigations; (c) public interest considerations; (d) the particular circumstances in which the incident occurred. (2) The Commission may manage, supervise, direct and control-an investigation carried out by the Security Forces or the relevant public body in relation to an incident, where, in the opinion of the Commission, it is necessary to direct and oversee that investigation. (3) Where the Commission takes .action under sub- section (2), it shall notifl the responsible head or the responsible officer, as the case may be, and direct that no action shall be taken until the Commission has completed its investi- gation. 15.--(1) If the Director of Complaints is satisfied that- Informal Resolution of (a) a complaint relates to conduct which, even if proved, complaints. would not justifl a criminal or disciplinary charge; and (b) the complainant and the concerned officer or the concerned official, as the case may be, have given consent for that purpose, the Director of Complaints shall, subject to the directions of the Commission, consider whether the complaint can be resolved informally and may attempt to achieve the resolution. (2) For the purposes of subsection (I), the Director of Complaints may, if he considers it expedient to do so, request the assistance of an officer of- (a) the relevant Force, being an officer of at least the rank of Deputy Superintendent or of at least the rank of the concerned officer; or (b) the relevant public body, being an officer of at least the Grade of the concerned official. [Ihe inclusion of this page is authorized by L.N. 92c/2012] . - , (3) Where a complaint is resolved info+lly- (a) a record shall be made of the manner \in which it was resolved; 1 1 i. (b) the person who made the complaint and the concerned officer or concerned official ;hall each signify in writing his agreeinent,tb: the resolution; :and 1 . . - i , (c) a copy of the record shall be furnished fbrthwith to the Commission, the person who made the complaint and I the concerned officer or concerned oscial. , .. (4) Unless the Commission otherwise directskin a parti- cular case, no reference shall be made in the personal record of a concerned officer or concerned official to a coniplitint resolved under this section. I (5) No answer or statement 'made, in the course of attempting to dispose of a complaint informally, by. the com- plainant or the concerned officer or concerned officid shall be used! or receivable in any criminal or civil proceedings except, withitconsent of the complainant, that membei br official, at a hearing under this Act. . , b (6) A complaint may be resolved h 4 . inforinally under sub- I section (1) in accordance - with such procedures as, may be prescribed,' at any time during. the course- 6f or \after an investigation under section 14. - . t "' (7) 'Notwithstanding subsectioni (I) tb (6); +her{ the Director of complaints or the Commission is of ihe o p i v that the informal resolution was obtained as. a result ,of\ a mis- understanding, threat or other improper pressure- ' \ (a) the Director of Complaints may order that the com- plaint shall continue to. be investigated a~$ give
reasons therefor in writing to the -concerned officer
or the concerned official and .the complainant;

i\
(b) the complaint shall continue to be treated L a

complaint under this Act. \,
I

I

[The inclusion of this page is authorized by L.N. 92~/2012] < \ -

INDEPENDENT COMMISSION OF INVESTIGATIONS 15

16.-41) The Commission may, after consultation with the Dispute
Director of Public Prosecutions and with the consent of all the ResO'utiOn
parties to whom a complaint relates, determine, having regard to
all the circumstances, whether the matter can be dealt with
by mediation or other alternative dispute resolution proceedings.

(2) Where the Commission is satisfied that-

a (a) the matter has been resolved by mediation or other alternative dispute resolution proceedings, the Com-
mission shall take no further action in relation to the
complaint;

(b) the matter has not been resolved by mediation or other
alternative dispute resolution proceedings, the Com-
mission shall order that an investigationkt0 the com-
plaint be carried out.

(3) The following provisions shall apply to any admis-
sion made or information disclosed as a result of a mediation or
other alternative dispute resolution proceedings (hereinafter
referred to as "protected information")-

(a) protected information shall be treated as confidential;

(b) protected information shall not be admissible in any
proceedings before a court, tribunal or committee and
no person shall be compellable in any such proceed-
ings to disclose the information or to produce any
document that contains the information; and

(c) a party to mediation or other alternative dispute resol-
ution proceedings shall be taken to have authorized the
provision of protected information to the person con-
ducting the proceedings and his staff, in accordance

a with the provisions of this Act.
a 17.-41) Subject to subsection (2), where a complaint is not Formal

handling of resolved in accordance with section 15 or 16, the Commission mrnplaintr .
shall cause an investigation to be made forthwith into the
complaint.

(2) The Commission is not required to conduct an

[The inclusion of this page is authorized by L.N. 92c/2012] I

investigation where it is satisfied that in the circumstances of
any particular case, the complaint may be justly and adequately
resolved otherwise than by an investigation. * . I

\

(3) During the course of the in\;eitigitiyn the Com-
mission shall- \ a . '

(a) unless it is satisfied as to the nece+ity for con-
, fidentiality, issue a press .release at the, commence-

ment of the investigation and at intervalshhereafter as
it considers appropriate; I

(b) subject to subsection (4), take such sieps as are
necessary to inform the complainant, the concerned
officer or concerned oficial and the members of the
public of the status of -the investigation, at such
intervals of not more than sixty days as; the Com-
mission may determine;

(c) at intervals of not more than six months, ;submit to
Parliament a report on the investigation. . ,

(4) The Director of Complaints may advise the Com-
mission (in writing with reasons therefor) against informing any
or all of the persons mentioned in subsection (3) (b), 'where in
his opinion, to do so might adversely affect the investibation or
where there are no new matters to report, and the Commission
shall act in accordance with the advice unless in its discletion, it
decides to a& otherwise. \

< I

(5) $he investigator shall submit to the Director of Complaints an initial report on the investigation not later than thirty days after the Commission has initiates the investigation and subsequent reports thereon at intervals of thirty days or at such.other intervals as the Commission may determine. (6) Where the investigator ;equires more time for the completion of any report than the applicablentime undeA sub- section (5), he )shall in writing to the commission, transmitted through the Director of Complaints within the appli~able~time for submission of the report- I . I (a) inform the Commission of the status of ' the investigation; I [The inclusion of this page is authorized by L.N. 92~120 121 I t + (b) request an extension of time within which to submit the report. , (7) On the completion of the investigation, the investigator, shall submit a final investigation report and proposed recommendations thereon to the Director of Com- plaints who shal1,submit it to the Commission. 0 . (8) After receiving and considering a final investi- gation report submitted under subsection (7), the Commission shall.make its own assessment of the investigation and form its own opinion & to the matter under investigation. (9) The Commission shall then prepare a report on the investigation including its recommendations arising there- from '(whether or not confirming any of the proposed recommendations) as are to be acted upon (hereinafter referred to as "recommendations for actiony'). (10) he omk kiss ion shall furnish a copy of the report of the Commission to- (a) the *complainant; (b) the concerned officer or the concerned official; 1 (e) the responsible head or the responsible officer; (d) the Director of public Prosecutions; (e) the Office of the Special Coroner (where the incident involves the death of any person); u> the Police Service Commission (where the incident , involves the misconduct of a member of the Jamaica Constabulary Force, the Island Special Constabulary Force, the Rural Police and the Parish Special ; , , . : Constables);, (g) the Public Service Commission (where the incident involves the misconduct of a specified official); and (h) the Chief of Defence Staff (where the incident [The i n c l u s i ~ of this page is authorized by L.N. 92c/2012] I I . \ I 18 INDEPENDENT COMMISSION OF WESTIGATIONS 1 I involves the misconduct of a member of the Jamaica Defence Force); (1 1) The Commission may furnish a copy of,the report to the Solicitor General as it considers appropriate in any particular case. 'i (12) In this section "the Office of the ~peci) Coroner" means the Office established as such under the Coroners . Act.. i a ' Hearings. 18.--(1) The Commission may, where it consider: it appro- \ priate in the circumstances, hold hearings during the\course of an investiiation. t i 1 (2) A hearing may be held in public or in d ~ t e , or partly in public and partly in private. * I 4 , I , Grant of access to final investi- gation report. Powers, authorities and privileges. I ' (3) Where the Commission proposes to hold a hearing in public or partly in public and partly in private, it shall not proceed to conduct the hearing except after prior cod,ultation with the Director of Public Prosecutions and such other person or authority as it may in its discretion consider appropriate. \ I 19. The cdmmission shall, on the application of a to obtain access to the report of the Commission, grant such kcess if the Commission is satisfied that there are no compelling reasons for denying the access. 20. For the purpose of giving effect to sections 4, 13 and 14, the Commissioner and the investigative staff of the Commission shall, in the exercise of their duty under this Act have the like powers, authorities and privileges as are given by law to a constable. ' Evidence. '21.+1) Subject to subsection (9, the Commission may at any time require any member of the Security Forces, a specified official or b y other person who, in its opinion, is able to give assistance in relation to an investigation under this Act, 'to furnish a statement of such information and produce ahy \ document or thing in connection with the investigation that may \ [The inclusion of this page is authorized by' L.N. 92~/2012] I 1 INDEPENDENT COMMISSION OF INVESTIGATIONS be in the possession or under the control of that member, official or other person. J (2) The statements referred to in subsection (1) shall be signed before a Justice of the Peace: , . (3) Subject tosubsection (4), the Commission may sum- mon before it and examine on oath- (a) any complainant; or (b) any member of the Security Forces, any specified official or any other person who, in the opinion of the Commission, is'able to M s h information relating to the investigation. (4) For the purposes of an investigation under this Act, the Commission shall have the same pwers as a Judge of the supreme Court in respect of the attendance and examination of witnesses and the production of documents. (5) A person shall not, for the purpose of an investi- gation, be compelled to give any evidence or produce any docu- ment or thing which he could not be compelled to give or produce in'proceedings in any court of law. (6) Section 4 of the Perjury Act shall apply to pro- ceedings under this section in relation to an investigation as it ' applies to judicial proceedings under that section. 22.-41) Notwithstanding anything to the contrary in any outyto other law, the Commission shall have primary responsibility for :rzL. the preservation of the scene of an incident or alleged incident and may issue directions to the Commissioner of Police or any other authority for the purposes of this section. 0 (2) The Commissioner of Police shall implement measures in accordance with directions issued under subsection (I) to ensure that members of the Jamaica Constabulary Force shall, as soon as practicable after being notified of an incident, attend at the scene of the incident in order to ensure the preservation of the scene until the arrival of an investigator assigned to that scene by the Commission and thereafter, each [We ,inclusion of this page is authorized by L.N. 92c/2012] member shall be under a duty, until the investigator is satisfied that it is no longer necessary to do so, to continue to take steps for the purposes of preserving the scene. i (3) It shall be- I t (a) the duty of any member of the Security Forces, who is at the scene of an incident, or in any case where there is more than one such member, the member senior in rank and command; (b) without prejudice to the 'provisions of paragraph (a), the duty of the police officer in charge of the police division in which the incident occurtkd, to take such steps in accordance with directions issued under subsection (I), as &e iawful i d necessary for the purpose of obtaining or preserving the: evidence and facilitating d e making bf repprts to the Commission in relation tp the incident!\ obiisationto 23.-41) Subject to subsection (2), where a rePo& of the comply with ream- Commission under this Act contains recommendations for mendatiqns action to be carried out by the relevant force or the kelevant public bodi'these shall be complied with in the manher and within the time specified (if any) and the responsible head or responsible bfficer, as the case may be, shall report 'to the Commission 'on the compliance with the recommendations, within such p&od after being furnished with a report, as the Commission may notify to the relevant force or relevant public body. t (2) Where the recommendations relate to- (a) disciplinary proceedings or the production of docu- ments; by the relevant Force or relevant public body, the responsible head. or the responsible officer shall .. take such steps as are lawfbl and necessary to ensure \ a compliance with the recommendations; or i (b) any other matters, and the responsible head or the res- ponsible officer decides not to comply &th the r e c ~ ~ e n d a t i o n s , he shall give reasons for the decision.' . - [The inclusion of this page i s authorized by L.N. 92~320121 INDEPENDEPENDENT COMMISSION OF WESTIGATIONS 2 1 (3) Where the relevant force or the relevant public body does not comply with the recommendations of the Commission, the Commission shall after being made aware of the non- compliance, cause a report thereon to be laid on the Table of each House of Parliament. 24. The Commission shall take such steps as are necessary to Review of ensure that a complainant, concerned officer or concerned ~ ~ ~ ~ ~ s i O n ' s official, as the case may be, who is not satisfied with a decision of the Commission in relation to an investigation, is advised of the right to seek judicial review of that decision. 25. An investigator shall, on a request by the Director of ~ u t y o f lnvestigaton Public Prosecutions, in relation to a prosecution arising out of an to pr,,vlde incident, attend court and provide such other support as the support,etc. Director of Public Prosecutions may require, in relation to the proceedings instituted against the concerned member or ' the concerned official under this Act. PART IV. General 26.--(1) The functions of the Commission may be Performance of funct~ons performed by any member of its staff or by any other person ofCommis- (not being a member of the Security Forces or a specified sionby mem- official) authorized for that purpose by the Commission. ben of staff. (2) Nothing in subsection (1) shall be construed as affecting the responsibility of the Commission for any functions performed on its behalf under subsection (1). 27.--(1) Except in the case of proceedings for an offence Privileges. under section 34(c), no proceedings shall lie against the Commissioner or any person concerned with the admifistration of this Act for anything he may do or say in the performance of his functions under this Act. (2) Anything said or any information supplied or document or thing produced by any person for the purpose or in the course of, any investigation carried out under this Act shall be absolutely privileged in the same manner as if the investigation were proceedings in a court of law. (3) For the purposes of the Defamation Act, any report [The inclusion of this page is authorized by L.N. 92c/2012] Secrecy. Accounts, etc. I \ \ INDEPENDENT COMMISSION OF INVESTIGATIONS made by the Commission under this Act and ahy fair and accurate report thereon shall be deemed to be privileged. 2 8 . i i ) The Commissioner and every person conbemed with the administration of this Act shall regard as secret and confident2al all documents, information andcthings disclosed to them$in the execution of any of the provisions of, this Act,
except that no disclosure- 1 .

\
(a) made by the Commissioner or any such person in pro-

ceedings for an offence under section 33 of t q s Act or
a

under the Perjury Act by virtue of section 21(3) of this
~ c t ; or \

(b ) wHich the Commissioner or any such persoA thinks
necessary to make in the discharge of their fuhctions;
and which would not prejudice the security, defence
or international relations of Jamaica, shall be deemed

I inconsistent with any duty imposed by this sectign.
(2) Neither the Commissioner nor any of the pkrsons -

I aforesaid shall'be called upon to give evidence in respect of, or
produce any such document, information or thing in a i y

or section 25.

\ proceedings, other than proceedings mentioned in subsection (1)
\

2 9 . - ( 1 ) The accounts and financial transactions of the d m -
mission shall be audited annually by ,the Auditor-General 'md
a statement of accounts so audited shall form part of the d u a l
report under section 3 1. \

I
(2) The ccbmmission shall, at such time within e k h ydar

as the Minister may direct- , \ .
(a) submit to the Minister a statement of the account~~of

the Commission audited in accordance. with d e
,provisions of subsection (1); I . 1,

I a
(b) submit to the Minister for approval the estimates 06

revenue and expenditure for the financial year\
commencing on the 1 st day of April next following. '

(3) In this section "Minister" means the Minister,res- '
ponsible for finance.

,
1
I

I
\ -

[The inclusion of this page is authorized by L.N. 92~/2012] 1,

INDEPENDENT COMMISSION OF INVESTIGATIONS 23

3 0 . 4 1 ) The Commission may, at any time, be required by Reports.
Parliament to submit thereto a report in respect of any matter
under investigation by the Commission.

(2) The Commission shall submit to Parliament an
annual report relating generally to the execution of its functions
and may at any time submit a report relating to any particular
incident investigated by it which in its opinion, requires the
special attention of Parliament.

(3) Reports under this section shall be submitted to the
Speaker of the House of Representatives and the President of
the Senate, who shall; as soon as possible, have them laid on
the Table of the respective Houses.

(4) The Commission may, in the public interest, from
time to time, publish in such manner as it thinks fit, reports
relating to matters referred to in subsection (2), but no such
report shall be published until after it has been laid under sub-
section (3).

(5) The Commission shall not, in any report W s h e d
under this section, disclose or act upon any communication-

(a) between a medical practitioner and his patient in their
professional relationship;

(b) between a minister of religion and any person
consulting him in his capacity; or

(c) between an attorney-at-law and his client in their
professional relationship,

where the communication came to the Commission's know-
ledge during the course of an investigation under this Act.

31. The Commission may initiate or continue any investi- Powerto
gation and report thereon under this Act notwithstanding any ~ ~ ~ ~ a t i m
civil legal proceedings relating to the subject matter of the despitelegal
investigation. proceedings.

32 .41) The Commission shall, in respect of every investi- Register.
gation carried out by it, cause to be recorded in a register kept
for the purpose-

[The inclusia of this page is authorized by L.N. 92c/2012]

I
24 RVDEPENDENT COMMISSION OF INVESTIGATIONS

I
I (a) the subject matter of the complaint ;and the ,date

I, ' thereof; and I\
i (b) on the conclusion of the investigation, the Com-
I mission's decision respecting the complaint.
I

(2) Any person may, on payment of such fyes as may
be prescribed, inspect, during the hours h d on the days of
busiliess 'of the Commission, register kept' 'mder this
Act. \,

Offen*: 33. Every person who-
F ' .

(a) willfully makes qny. false statement to mislead or mis-
leads or attempts to mislead the Comission, an

\ investigator or any other person in the execution of
' functions under this Act; \

(b) without lawful justification or excuse-

(i) obstructs, hinders or resists the' ~.o&ssion
or any other person in the exercise df func-

, tions under this Act; or \
(ii) fails to comply with any lawful requikement

of the Commissiqn or any other person\under
this ~ c t ; or 1 I

(iii) wilfully refuses.or neglects to carry odt any
duty required to be performed by him b d e r
this Act; or i

(c) deals .with documents, information or things men-
tioned in section 28 in a manner inconsistent wit! his
duty under that section,

corgmits an offence and shall be liable on summary conviction
in a Resident Mggistrate's Court to a fine not exceeding three

. millioi dollks OK to ihprisonment for a term no( exceeding
'the; the records to be kept, returns to be furnished and
forms to be used for the purposes of this Act;

(g) the circumstances in which the Commission may
redact a final investigation report by deleting any con-
fidential, privileged or otherwise sensitive material;

(h) such other matters as may be required by this Act to
be prescribed.

36. The Minister may by order, subject to affirmative Powerof
resolution, amend- Minister to amend

(a) any Schedule to this Act; or Schedules and penalties.
(b) any monetary penalty imposed by this Act.

37.-31) This Act shall be reviewed from time to time by a Reviewof
Committee of both Houses of Parliament appointed for that
purpose.

(2) The first such review shall be conducted not later
than three years after the date of commencement of this
Act.

[The inclusion of this page is authorized by L.N. 92~/2012]

I
-

i I
26 LVDEPENDENT COUlWSSION OF IWESTIGATIONS

1
Plovisions

I
38.-31) Where under any provision of this Act, the

wp"cab'e here no Govemor-General is required to act after conbultation with
Leader of the the Leader of the Opposition and- - 1
Opposition.

(a) there is no person holding office of Leader of the
Opposition; or

i
- 1 .

(b) the holder of that office is unwilling or/by reason of
his illness or absence from Jamaica, unab/e to perform
his functions in that regard, ,

the Govemor-General shall act as if the
vision to the Leader of the 0pposition.were a refei?nce to such

as the Govemor-General, in his discretion, considers
appropriate. I 1

(2) Where under any provision of this Act, the
Govemor-General is required to act on the recorhmendation of

I the Prime Minister after consultation with the ~ e h e r of the
Opposition; and- \

(a) there is no person holding office of ~edde r of the
Opposition; or I

1
(b) the holder of that office is unwilling, or by, reason of

his illness or absence from Jamaica, unable to perform
his functions in that regard, \

+ the Govemor-General shall act in accordance with theladvice of
the Prime hinister. I

I

I

\

i
+ I

I .
- 1

I
4 .

\

I
I
I

[The inclusion of this page is authorized by L.N. 92c/2012] ,
I

1

I
I I

INDEPENDENT COMMISSION OF INVESTIGATIONS

FIRST SCHEDULE (Section 3)

Tenure of Ofice, etc.

1 .-(I) 'Subject to the provisions of this Act, a person appointed as Com- Tenure of
missioner shall hold office for a period of five years, and on such terms as Office.
may be specified in the instrument of appointment, and,may be re-appointed
for periods not exceeding five years at a time.

(2) The Commissioner, as the case may be, may, by instrument in
writing, addressed to the Governor-General resign his office as such.

(3) The Commissioner shall, subject to paragraph (6), vacate office
on attainingthe age of seventy-five years.

(4) Notwithstanding that he has attained that age at which he is
required by or under the provisions of this paragraph to vacate his office,
the Commissioner may continue in office for such period after attaining
that age as the Governor-General, after consultation with the Prime Minister
and Leader of the Opposition, may specify, in order to enable the
Commissioner to give his decision or to do any other thing in relation to
any investigation he was conducting before he attained that age. -

(5) Nothing done by the Commissioner shall be invalid by reason
only that he has attained the age at which he is required by this para-
graph to vacate his office.

2 .-(1) No person shall be qualified to be appointed as Commissioner Disgualifi-
who- cation for

appoint-
(a) is a member of the Senate or of the House of Representatives; ment.

(b) has been adjudged or otherwise declared a bankrupt under any law
- in force in any part of the Commonwealth and has not been dis-

charged;

(c) has been convicted of any offence involving dishonesty or moral
turpitude; or

(4 is a party to, or a partner in a fm, or a director or manager of a

a .. company which, to his knowledge, is a party to any contract with . . the Government of Jamaica for or on account of the public
service unless, prior to his appointment, he has previously
disclosed to the Governor-General the nature of the contract
and his interest or the interest of such firm or company therein.

(2) The Commissioner shall be deemed to have vacated his office if
any circumstances arise that, if he were not the Commissioner would
have, by virtue of sub-paragraph ,(I), caused him to be disqualified for
appointment.

[The inclusion of ,this page is authorized by L.N. 92c/2012]

FIRST SCHEDULE, contd. \ (Section 3)
I

PART I, contd. I 1
Tenure of Ofice, etc. i

1
Renioval 3 . 4 1 ) The Commissioner may be removed from office onthe folIowing
GO!m ' grounds- 1. .
office. 1 , . :

(a) inability to discharge the functions of his office (whether arising
from infirmity of body or. inind or any other cause); /

(b) failure to discharge the functions of his officec ih a competent
manner; \

I
(c) misbehavior; i

I (4 $ading with the Governnient of Jamaica contrary to sub-paragraph (21, \ ifid shall npt be so removed except in accordance with the prohrions of this . . . . 1 . paragraph. : I I I . (2) I Subject to sub-paragraph (3), the Commissioner shhl not, while holding of f i~e as Commissioner become a party to, or a partned.in a fifm or a direCtor or manager of a company. which to his knowledge, is, or becomes a party to, any contract with the Government of Jamaica for or on account of the public service. : i- (3) Sub-paragraph (2) shall not apply in any case where4 ., - 1 I . (a) thd Commissioner, as the case may be, before becoming a party to I- a contract referred to in that sub-paragraph, had disclosed to the Committee constituted under section 8 the nature of the con- , tradt and his interest therein; and I (b) the Committee had determined that, in the circumstance$, the Com-

' missioner should be exempt from any liability for removal under
this paragraph. . I

(;) If the question of the'removal from ofice of the ~oAmissioner
has been referred to a tribunal appointed under sub-paragraph (5) and
the tribunal has recommended to the Governor-General that the Commis-
sioner ought to be removed fiom office, the Governor-General
shall, by 'instrument under the Broad Seal, remove the Commissioner from
ofice. I ;

(5) If kach House of Parliament .by resolution decides \that the
question of removing the Commissioner fiom ofice ought to be investigated,
then- t

I
(a) the Governor-General shall appoint a tribunal, which shall consist

of a chairman and not less than two nor more than five other

I

[The inclusion of this page is authorized by LN. 92c/2012] \

INDEPENDENT COMMISSION OF INVESTIGATIONS 29
. , . . . ...

FIRST SCHEDULE, contd. (Section 3)

PART 1, contd.

Tenure ofOflce, etc., contd.
members, from among persons who hold or have held the office
of a Judge of a court having unlimited jurisdiction in civil
and criminal matters or a court having jurisdiction to hear appeals
from any such court; and

(b) that tribunal shall enquire into the matter and report on the facts
thereof to the Governor-General and recommend whether the
Commissioner ought to be removed from office on any of the
grounds specified in sub-paragraph (1).

(6) The provisions of section 8 to 16 (inclusive) of the
Commissions of Enquiry Act shall apply mutatis mutandis in like manner in
relation to tribunals appointed under sub-paragraph (5) or, as the context may
require, to the members thereof, as they apply in relation to the Commissions
or Chairman or Deputy Chairman appointed under that Act:

(7) Where the question of removing the Commissioner from office
has been referred to a tribunal the Governor-General, after consultation with
the Prime Minister and the Leader of the Opposition, may suspend the
Commissioner from performing the functions of his office and any
suspension-

(a) may, at any time, be revoked by the Governor-General after con-
sultation as aforesaid; and

(b) shall, in any case, cease to have effect if the tribunal advises
the Governor-General that the Commissioner ought not to be
removed fkom office.

4. A person appointed as Commissioner shall be a full-time officer and Resbic- ,
except with the approval of the Governor-General, acting in his discretion, tion on
shall'not be employed in any other capacity during any. period in which

ment. he holds office as Commissioner.

5.-41) Where a vacancy arises in the ofice of Commissioner, the Fillingof
Governor-General may, acting on the recommendation of the Prime Minister vacancy.
after consultation with the Leader of the Opposition, designate a person
being a person qualified under this Act, to act in that ofice during the
vacancy until an appointment is made.

(2) Where, by reason of illness, absence from Jamaica or other
sufficient cause, a person appointed as the Commissioner is unable to
perfom his functions as such, the Governor-General may, after consultation
with the Prime Minister and the Leader of the Opposition, appoint such

[The inclusion of this page is authorized by L.N. 92~120121 ,. .

FIRST SCHEDULE, contd. 1 (Section 3)

PART I, contd.

Tenure of Ofice, etc., contd. I

person as he thinks fit, being a person qualified 4 d e r this Act, to
- perform those functions.' I

Remunera- 6 . 4 1 ) Subject to sub-paragraph (2), the cornmissidper shall receive
tion of emoluments and be subject to the terms and conditions df service as may
Commis- fiom time to time be prescribed by or under any law or by a resolution of
sioner.

the House of Representatives, the emoluments being not less than the
I emoluments which may, fiom time to time, be payable to a Judge of the

Supreme Court. I
(2) The emoluments and terms and conditions of service of the

1 Commissioner, other than allowances that are not taken /into account in
computing pensions, shall not be altered to his disadvantage during the
pe;iod of his appointment or reappointment, as the case may !e.

(3) The emoluments for the tihe2being payable to thk Commissioner
by virtue' of this Act shall be charged on and paid out of th;e Consolidated
Fund. I

!
I Pensions and Gratuities . !

Interpre- 7. In this Part "pensionable ekoluments" has the same meaning as in
tation. the Pensions Act.

\
Entitlement to 8 . 4 1 ) Where a person holding the office ' of Commissioner retires
pensionsand in pensionable circumstances he shall, subject to the provisions of this
gratuities in Schedule, be paid pension and gratuity in accordance with this Act in lieu
respect of.
,,ic,, of any pension, allowance or gratuity for which he may have been eligible
Commis- ' or which he may have been granted under the Pensions Act or the Judiciary
sioner. Act. \

\
(2) A person entitled to pension or-gratuity under sub-paragraph

(1) or who is eligible for a grant of pension or gratuity under sub-paragraph
(5) may, by memorandum in writing to the over nor-~eneral, elect to
forego1 his entitlement under this Act and be granted instead- ;

(a ) if he is, otherwise than under this Schedule, eligible Ifor pension
under section 5 of the Judiciary Act, the award as would be payable
under that Act if the office of Commissioner were an office to
which that Act applied; or I

(b) in any other case, the award under the Pensions Act 4 would be
payable under that Act if the office of Commissionkr were a
pensionable office under that Act. \

1

. . 8
1

[The inclusion of this page is authorized by L.N. 92cR012]

INDEPENDENT COMMISSION OF INVESTIGATlONS 3 1

FIRST SCHEDULE, contd. (Section 3)

PART 11, contd.

Pensions and Gratuities, contd.

. (3) For the purposes of this paragraph, the Commissioner retires in
pensionable circumstances if he retires from such office-

(a) with a minimum of ten years of service; or

(b) by reason of ill health prior to attaining the period of service
specified in clause (a).

(4) For the purposes of this Act, a person retires from the office
of Commissioner on the ground of ill health if-

(a) he retires on medical evidence; to the satisfaction of the Governor-
General, that he is incapable by reason of any infirmity of mind or
body of discharging the duties of his office andthat the infirmity is
likely to be permanent; or

(b) he is removed from office, in accordance with paragraph 3, for
inability arising from infirmity of mind or body, to perform the
hnctions of his office.

(5) A person who, ,under paragraph 3, is removed from the office of
Commissioner for misbehavior or from any cause other than inability arising
from infirmity of mind or body or who retired otherwise than in pensionable
circumstances may, subject to sub-paragraph (2), be granted by the
Governor-General, in lieu of any pension, allowance or gratuity for which he
may have been eligible under the Pensions Act or the Judiciary Act, the
pension and gratuity as the Governor-General thinks fit, not exceeding the
pension and gratuity to which he would have been entitled had he retired in
pensionable circumstances from the office ai~d, for the purposes of sub-
paragraph (6), the date of the removal from office or retirement shall be
deemed to be the date of retirement in pensionable circumstances.

(6) Pension payable in accordance with this paragraph shall-

(a) be charged on and payable out of the Consolidated Fund;

(6) be paid monthly in arrears with effect, subject to sub-paragraph
(4), from the date of retirement in pensionable circumstances and
shall, subject to the provisions of this Act, continue to be paid
during the lifetime of the person entitled thereto.

9. The rate .of pension payable under paragraph 8 to any person shall Rate of
be an annual rate equivalent to the sum of one-half of his pensionable pension.

[The inclusion of this page is authorized by L.N. 92~120121 ~

Reduced
pension
and gratuity.

Gratuity
on death.

Pensions to
dependants
where
injuries or
disease con-
tracted in dis-
charge
of duties.

FIRST S'CHEDULE, contd. , (Section 3)

PART 11, contd.

Pensions and Gratuities, contd. :
emoluments at the date of retirement and one-three hundrkd and sixtieth of
the pensionable emoluments in respect of each month of each service as the
Commissioner.

10.-(1) Any person to whom a pension (in this paragraph referred to as
"the original pension") is payable under paragraph 8 may, at his option
exercisable at his retirement in pensionable circumstancks or within the
period prior or subsequent to his retirement as the Governor-General may
allow, be paid, in lieu of the original pension, a reduced pen\$ion at the rate of
three-fourths, of the annual rate of the original pension fogether with a
gratuity (in this Act referred to as a "commuted pension gratuity") equal to
twe1"e and one-half times one-quarter of the annual rate' of the original
pension. 1

(2) The option referred to in sub-paragraph (I) shall'be irrevocable
unless 'th'e Governor-General, on the terms as he considers reasonable,
other~ise~permits. I ,

1 I.+) Where a person dies while holding the office of Commissioner
there shall be paid to his legal personal representative, a gratuity of an

I ( amount equivalent to- I

(a) .)be year's pensionable emolument& or ! I
(b) the commuted pension gratuity for which the person {foresaid had a

right to opt under paragraph 10 of this Schedule on the assumption
that he retired in pensionable circumstances at the date of his death,

whichever is the greater. . t
(

(2) Where a person dies while in receipt of a pension under para-
graph 8, there shall be paid to his legal personal representative a gratuity of
an amount equivalent to one year's pensionable emoluments of that perspn at
the date ofi his retirement or removal fiom ofice, fiom which gratuity
shall be deducted any pension or gratuity already paid to that qerson under
this Act or under the Judiciary Act.

12. Where a person holding the office of Commissioner dies as a result of
injuries-

I

(a) in the actual discharge,of his duties;

(b) in circumstances in which the injury is not wholly or mainly due to
*

[The inclusion of this page is authorized by L.N. 92c/2012]
I

INDEPENDENT COMMISSION O F INVESTIGATIONS 3 3

FIRST SCHEDULE, contd. (Section 3)

PART 11, contd.

Pensions and Gratuities, contd
or aggravated by his own and culpable negligence or misconduct;
and . .

'(c) on account of circumstances specifically attributable to the nature
of hisduty,

whiIe in that office, it shall be lawful for the Governor-General to grant to
the deceased commissioner's widow, children, parents or other dependants
the aw&d as would have been made under t h e Pensions Act if the
office of Commissioner were a 'pensionable office for the purposes of that . .
Act.

13. A pension or gratuity payable under this Act shall not to be assign- Pension,
able or transferable except for the purpose of satisfying- etc., not

to be
.(a) a debt due to the Government; or assigned.

(6) an order of any court for the payment of periodic sums of money
towards the maintenance of the wife or former wife or minor
children, of the person to whom the pension or gratuity is pay-
able,

and shall not be liable to be attached, sequestered or levied upon, for or in
respect of any debt due or claim whatever except a debt due to the
Government.

14.-41) For the purposes of the Pensions (Civil Service Family Benefits) Family
Act, the office of Commissioner shall be deemed to be a pensionable office in Benefits
the service of the IsIand. pension.

(2) Where a person dies while holding the office of Commissioner
or while entitled to a pension under paragraph 8, there shall be paid to his
widow a pension at an annual rate equivalent to one-fifth of the pension-
able emoluments of the person aforesaid at the date of his death or, if at
that date'he was entitled to receive a pensiori under paragraph 8, at the date
of his retirement or, as the case may be, removal !?om office in accordance

-with this Act.

(3) Pension payable to a widow under sub-paragraph (2) shall-

(a) be charged on and payable out of the Consolidated Fund; and

(b) be paid monthly in arrears with effect !?om the date of her
husband's death and shall, subject to the provisions of this Act,
continue to be paid during her lifetime.

[The inclusion of this page is authorized by L.N. 92~/2012]

FIRST SCHEDULE, contd. 'I (Section 3)

PART 11, contd. t

Pensions and Gratuities, contd.
(4) Pension payable to a widow under sub-paragraph (2) shall be

without prejudice to any pension to which she may be entitled under the
Pensions ,(Civil Service Family Benefits) Act but shall be \in lieu of any
pension to which she may be entitled under section 9 of the Judiciary
Act. I 1

(5) In paragraph 13 and sub-paragraphs (2) and (3) of \his paragraph,
references to a widow shall, in the case of a female appointed as the
Commissioner, be deemed to include references to a widowei and cognate
expressions shall be construed accordingly and similarly, references to a
husband shall be deemed to include references to a wife. [ I

Gratuities 15. Where a person retires without a minimum of ten yeais service, he
where length shall be granted in respect of his service, the commuted pension gratuity for
ofservice which the person had a right to opt under paragraph 10 if he had retired in
does not
qualify for pensionable circumstances. 1

?
pension. ,

SECOND SCHEDULE I (Section 6)
I

Schemes for Management of Regional Ofices \
Each scheme shall- I

I +
(a) provide for the management and functions of the regional offices;

(b) define the parishes or parts thereof which comprise the rkgion to be
administered by a regional office; I

* I (c) charge the Director of Complaints with responsibility for the
operation of the regional office; I

:
(6) 'provide for- I I

, >

. (i);. the application of the funds allocated to .each,.\regional
. office; .i

(ii)' the employment, duties and responsibilities of th'eistaff of
; . each regional ofice; !

(iii) the emoluments and other terrqs and conditions of employ-
ment of the staff of each regional office; I

(iv) such other matters as the Commission considers exedient
or necessary for giving effect to the purposes of this
section. I

[The inclusion of this page is authorized by L.N. 92d2012] i
\

INDEPENDENT COMMISSION OF INVESTIGATIONS 35

(Section 14)

Oath to be taken by persons appointed to stafofthe Commission
I ... . .. .. . ... .. . . .. .. . .. . . .. .. . ... ... ... . . . . . . . . . . . . . . . do swear that I will
faithfully perform any functions assigned to me under the Independent
Commission of investigations Act, and I will not, on any account, at any time
whatsoever, except in so far as provisions of this Act authorize, directly or
indirectly reveal any information or the nature or contents of any documents
communicated to me in the performance of any functions assigned to me by
virtue of this Act.

So help me God.

['The inclusion of this page is authorized by L.N. 92~12012)