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Overseas Examinations Commisions Act


Published: 2006-04-01

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OVERSEAS EX4MINA TlONS COMMISSION

THE OVERSEAS EXAMINATIONS COMMISSION ACT

ARRANGEMENT OF SECTIONS

Preliminary

1. Short title. '

2. Interpretation.

Overseas Examinations Commission

3. Establishment of Overseas Examinations Commission.

4. Object of Commission.

5. Functions of Commission.

6. Ministerial directions.

Administration

7. Appointment of officers and other employees.

8. Pensions, gratuities and other retiring benefits.

Financial Provisions, Accounts and Reports

9. - Funds and resources of the Commission.

10. Borrowing powers.

I I. Power of Minister of Finance to guarantee loans to Commission.

12. Power to invest moneys.

13. Exemption from taxes and duties.

14. Accounts and audit.

15. Annual reports and estimates.

16. Power of Minister to require returns.

Regulations

17. Regulations.

18. Amendment of First and Second Schedules.

Transitional Provisions

19. Transfer of money, property, liability, etc.

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Act THE OVERSEAS EXAMINATIONS COMMISSION ACT , ,,,.

[lst April, 2006.1

Short title.
1. This Act may be cited as the Overseas Examinations

Commission Act.

2.-41) In this Act- Interpreta-
tion.

"appointed day" means the 1st day of April, 2006.

'\chairman" means the chairman of the Commission or any
person for the time being performing the functions of
the chairman;

"Commission" means the Overseas Examinations Com-
mission established under section 3;

"examining body" means an examining body specified in
Part I1 of the First Schedule; First Schedule.

"examination materials" includes syllabi, notes for
gjuidance of teachers and students, and specimen.
examination papers;

"former institution" means the Overseas Examinations
Committee; . .

"functions" includes powers and duties;

"specified examinations" means the ex'minations
specified in Part I of the First Schedule.

Overseas Examinations Commission

3.-41) There is hereby established, for the purposes of this Establishment
of Overseas Act, a body to be called the Overseas Examinations Commission Ed,ti,

which shall be a body corporate to which section 28 of the commission.
Interpretation Act shall apply.

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Second
Schedule.
1

Object of
Commission.

Functions of
Commission.

Ministerial
directions.

(2) The provisions of the Second Schedule shall have
effect as to the constitution and operation of the Commission
and otherwise in relation thereto.

4. The principal object of the Commission shall be to over-
see the administration of all specified examinations.

5-41) The Commission shall perform the following
functions-

(a) administer all specified examinations;

(b) ensure that schools and candidates adhere to the
rules and regulations which govern the specified
examinations;

(c) collect from candidates, examination fees charged by
examining bodies and transmit such fees to the
respective examining bodies;

(4 determine and collect fees payable by candidates in
relation to specified examinations;

(e) process and distribute examination materials and any
other information and documents relating to specified
examinations;

V) sell copies of syllabi, past examination papers and
other study guides or revision materials related to
specified examinations;

(g) maintain records in relation to specified examinations;

(h) prepare and issue transcripts of examination results
and verify and certify results of specified
examinations on request.

(2) The Commission may do anything or enter into any
transaction which, in the opinion of the Commission, is
necessary to ensure the proper performance of its functions.

6. The Minister may after consultation with the chairman,
give to the Commission such directions of a general character as
to the policy to be followed by the Commission in the
performance of its functions, as appear to the Minister to be

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necessary in the public interest and the Commission shall give
effect thereto.

Administration

7 . 4 1 ) The commission shall appoint and employ, at such Appointment
of officers remuneration and on such terms and conditions as it thinks fit, a

Director, a Deputy Director, a Secretary and such other officers employees.
as the Commission deems necessary for the proper carrying out
of its functions:

Provided that no salary in excess of the prescribed rate shall
be assigned to any post without the prior approval of the
Minister.

(2) For the purposes of subsection ( 1 ) the
rate" means such rate as the Minister may, by order, prescribe.

(3) The Governor-General may, subject 'to such con-
ditions as he may impose, approve the appointment of any
public officer in the service of the Government ,to any office
within the Commission and any officer so appointed shall, while
so employed, in relation to any pension, gratuity or other
allowance and in relation to any other rights as a public officer,
be treated as continuing in the service of the Government.

8 . 4 1 ) The Commission, with the approval of the Minister Pensions,
gratuities and may- other retiring
benefits.

(a) enter into arrangements respecting schemes whether
by way of insurance policies or otherwise; or

(b) make regulations,

governing medical benefits, pensions, gratuities and other
retiring or disability or death benefits relating to employees of
the Commission, and such arrangements or regulations may
include provisions for the grant of benefits to the dependants
and the personal representatives of such employees.

(2) Any arrangements entered into or regulations made
under subsection (1) may provide that the arrangements or
regulations, as the case may be, shall come into effect from such

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date as is specified therein, not being earlier than the first day
of September, 2995.

Financial Provisions Accounts and Reports

Funds and 9.-(1) The funds and resources of the Commission shall
resources of
the consist of-
Commission.

(a) sums which may, from time to time, be placed at the
disposal of the Commission by Parliament;

(b) sums which may, from time to time, be charged as
fees for the administration of specified examinations;

(c) sums which may be collected from the sale of any
syllabus, past examination paper, study guide or
other revision material related to any specified
examination;

(d) all other moneys and other property which may in any
manner become payable to or vested in the
Commission in respect of any matter incidental to its
functions.

(2) The expenses of the Commission (including any
remuneration of the members of staff thereof) shall be paid out
of the funds and resources of the Commission.

Borrowing
powers.

10.-(1) Subject to the provisions of subsection (2), the
Commission may borrow such sums as may be required for
meeting any of its obligations or for discharging any of its
functions.

(2) The power of the Commission to borrow shall, as to
the amount, as to the source of the borrowing, and as to the
terms on which the borrowing may be effected, be exercisable
after consultation with the Minister responsible for education
and only with the approval of the Minister responsible for
finance, and any such approval may be either general or limited
to a particular borrowing or otherwise, and may be either
unconditional or subject to conditions.

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11.-(1) With the approval of the House of Representatives Powerof
Mmster of signified by resolution, the Minister responsible for finance may to

guarantee, in such manner and on such conditions as he thinks e a r n t e e
loans to fit, the repayment of the principal and the payment of interest

and charges on any authorized borrowing of the Commission.

(2) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of any
principal moneys guaranteed under the provisions of this section
or in the payment of interest or charges so guaranteed, he shall
direct the payment or, as the case may be, the repayment, out of
the Consolidated Fund, of the amount in respect of which there
has been such default and any such repayment or payment shall
be a charge on the Consolidated Fund.

(3) The Commission shall make to the Accountant-
General, at such times and in such manner as the Minister
responsible for finance may direct, payments of such amounts as
may be so directed in or towards repayment of any sums issued
in fulfillment of any guarantee under this section, and payments
of interest on any amount outstanding for the time being in
respect of any sums so issued at such rate as the Minister
responsible for finance may direct, and different rates of interest
may be directed as respects different sums and as respects
interest for different periods.

12. All moneys of the Commission, not immediately required power to
invest to be expended for the purpose of meeting any of the obligations ,on,.

or discharging any of the functions of the Commission, may be
invested in such securities as the Commission may, after
consultation with the Minister responsible for finance, consider
appropriate and the Commission may sell all or any of such
securities.

13.-(1) The income of the Commission shall be exempt Exemption
fiom income tax. h m taxes and duties.

(2) The Commission shall be exempt fiom liability to
stamp duty in respect of any instrument executed by it or on its
behalf.

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(3) Any transfer by the Commission of any property
belonging to it or of any right or interest created in, over or
otherwise with respect to any such property shall be exempt
from transfer tax.

(4) No customs duty, general consumption tax or other
similar impost shall be payable upon any article imported into
Jamaica or taken out of bond in Jamaica by the Commission
and shown to the satisfaction of the Commissioner of Customs
to be required for the use of the Commission in the performance
of its functions.

Accountsand 1 4 - 4 1 ) The Commission shall keep accounts and other
audit. records in relation to its activities and shall prepare annually a

statement of accounts in a form satisfactory to the Minister and
conforming to established accounting principles.

(2) The accounts of the Commission shall be audited
annually by the Auditor-General.

Annual
reports and

1 5 . 4 1 ) The Commission shall, within four months after the
estimates. end of each financial year, or within such longer period as the

Minister may in special circumstances approve, cause to be
made and shall transmit to the Minister a report dealing
generally with the activities of the commission during the
preceding financial year.

(2) The Minister shall cause a copy of the report
together with the annual statement of accounts and the Auditor-
General's report thereon to be laid on the Table of the House of
Representatives and of the Senate.

(3) The Commission shall, in each financial year, before
a date specified by the Minister, submit to the Minister for his
approval, estimates of income and expenditure for the ensuing
financial year.

(4) For the purposes of this section, "financial year"
means the period of twelve months ending on the 31st day of
August in each year.

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16. The Commission shall furnish the Minister with such Powerof
Minister to returns, accounts and other information as he may require ,,ui,

with respect to the activities of the Commission and shall returns.
afford him facilities for verifying such information in such
manner and at such times as he may reasonably require.

Regulations
17. The Minister may make regulations generally for the Regulations.

better carrying into effect of the provisions of this Act and
without prejudice to the generality of the foregoing, the
regulations may provide for-

(a) the determination and collection of examination fees
and other fees and charges in connection with the
exercise of the functions of the Commission;

(b) the notification and distribution of results of specified
examinations;

(c) the distribution of examina'tion certificates;

(d) the keeping of such records as the Minister may
require for any purpose connected with the provisions
of this Act;

(e) the procedure for the making of applications in
relation to specified examinations or for any other
consent or approval required under this Act;

V) the forms to be used for the purposes of this Act;

(g) anything required by this Act to be prescribed.

18. The Minister may, by order, subject to affirmative Amendment
o f First and resolution, amend- Second
Schedules.

(a) the First Schedule; or

(b) paragraph l (1 ) of the Second Schedule.
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Transitional Provisions
Transfer of
money,

19.-41) All money and property which for any purpose is
p , p e ~ , vested in the former institution or held upon trust or as an
liabiliQl etc. endowment shall, unless the terms of any vesting instrument or

other instrument governing the same otherwise provide, vest in
the Commission without conveyance or assignment and shall be
used for a like purpose.

(2) Any real and personal property purchased by,
belonging to, or vested in the former institution, and all
interests, rights and easements into or out of the said property,
shall, without conveyance, assignment or transfer, belong to and
be vested in the Commission, subject to all or any trusts and to
all debts, liabilities and obligations affecting the same.

(3) All liabilities of the former institution are hereby
deemed to be liabilities of the Commission.

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FIRST SCHEDULE (Sections 2 and 18)

PART I. Examinations

A. Examinations taken at the secondary school level

(1) Caribbean Examinations Council (C.X.C.)

- Caribbean Secondary Education Certificate (C.S.E.C.)
- Caribbean Advanced Proficiency Examination (C.A.P.E)

(2) General Certificate in Education (G.C.E.)

- Ordinary and Advanced Level Examinations (adminis-
tered by the Cambridge Local Examinations Syndicate
and the University of London)

B. Examinations taken at the tertiary level and other examinations

- Bachelor of Laws Degree Examinations

- Professional Accounting Examinations

- Any other examination which the Commission may be required to
administer from time to time.

PART 11. Examining Bodies

OVERSEAS EXAMINING BODIES

1. University of Cambridge Local Examinations Syndicate

2. University of London

3. Holbom College

4. City and Guilds International

5. London Chamber of Commerce and Industry

6. Pitman's Examinations Institute

7. Edexcel International

8. Association of Chartered Certified Accountants

9. Association of Accounting Technicians

10. Canadian Securities

11. Institute of Chartered Secretaries and Administrators

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FIRST SCHEDULE, contd.

12. Association of International Accountants

13. Chartered Institute of Management Accountants

14. Association of Business Executives

15. Any other overseas examining body that engages the services of the
Commission

~aribbean Examinations Council

SECOND SCHEDULE (Sections 3 and 18)

The Overseas Examinations Commission

Constitution 1 .--(I) The Commission shall consist of sixteen members.
of Commis-
sion. (2) The Permanent Secretary in the Ministry responsible for

education or his nominee shall be an ex-oficio member of the Commission.

(3) The other members of the Commission (hereinafter referred to as
appointed members) shall be-

(a) four persons from the private sector appointed by the Minister in
his discretion;

(b) five persons, each being the representative of one of the
following-

(i) the University of the West Indies;

(ii) the University of Technology, Jamaica;

(iii) Northern Caribbean University;

(iv) teachers' colleges; and

(v) community colleges;

(c) one representative fiom an examining body;

(4 one person, nominated by organizations representing the
principals of independent schools and other private: secondary
level educational institutions;

(e) two persons nominated by organizations representing the
principals of public secondary level educational institutions;

( f ) one practising teacher nominated by an association representing
teachers fiom public secondary level educational institutions; and

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SECOND SCHEDULE, contd.

(g) one student representative, nominated by an organization
representing students of secondary level educational institutions.

2. The members of the Commission shall be appointed by the Minister by Appointment
instrument in writing. of members.

3 . 4 1 ) The Minister shall appoint a chairman and a deputy chairman Chairman
from among the members of the Commission. and deputy

chairman.
(2) In the case of the absence or inability to act of the chairman, the

deputy chairman shall perform the functions of the chairman.

(3) In the case of the absence or inability to act of both the chairman
and the deputy chairman, the Minister may appoint any other members of the
Commission to perform the functions of the chairman and the deputy
chairman during such absence or inability to act.

4. The names of all members of the Commission as first constituted and Gazetting of
of every change in membership thereof shall be published in the Gazette. appoint-

( ments.

5 . 4 1 ) Subject to the provisions of this Schedule, an appointed member Tenure of
of the Commission shall hold office for such period, being not less than two office.
years or more than five years, as may be specified in the instrument of
appointment.

(2) Every member of the Commission shall be eligible for reappoint-
ment but no member shall be appointed for more than six consecutive
terms.

(3) If any vacancy occurs in any category of the membership bf.the
Commission such vacancy shall be filled by the appointment of another
member from that category who shal1,subject to the provisions of this
Schedule, hold office for the remainder of the period for which the previous
member was appointed.

6. The Minister, on the application of any appointed member of the Com- Grant of
mission, may grant to such member leave of absence for any period not leaveof
exceeding six months and may appoint some other person to act in the
place of that member during the period of leave of absence so granted.

7 . 4 1 ) An appointed member of the Commission, other than the chair- Resignation
man, may at any time resign his office by instrument in writing addressed ofma~~bers.
to the Minister and transmitted through the chairman, and fiom the date
of receipt by the Minister of such instrument, the member shall cease to be
an appointed member of the Commission.

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I

I
I

1 I

I

i
i Revocation

of appoint-
ment.

I
Remuneration
of members.

Appoint-
ment of com-

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SECOND SCHEDULE, contd.

(2) The chairman may, at any time, resign his office by instrument in
writing addressed to the Minister and his resignation shall take effect from
the date of receipt of the instrument by the Minister.

8. The Minister may at any time revoke the appointment of an appointed
member of the Commission.

9. The members of the Commission shall be paid from the funds of the
Commission such remuneration (whether by way of honorarium, salary or
fees) and such other allowances as the Minister may determine.

10.--(l j The Commission may, with the approval of the Minister, appoint
committees for special purposes connected with the functions of the
Commission which, in the opinion of the Commission, would be better
regulated and managed by means of committees.

(2) The number of members of a committee appointed under
paragraph (I), the terms of appointment of such members, the quorum of the
committee and the area within which the committee may exercise authority
shall be determined by the Commission.

(3) A committee appointed pursuant to this paragraph may include
persons who are not members of the Commission, but at least one of the
members of any such committee shall be a member of the Commission.

(4) The provisions of paragraph 13 shall apply to any member of a
committee who is not a member of the Commission in like manner as they
apply to a member of the Commission.

(5) The validity of the proceedings of a committee appointed
pursuant to this paragraph shall not be affected by any vacancy among
the members thereof or by any defect in the appointment of .a member
thereof.

1 1 . 4 1 ) Subject to the provisions of this Schedule, the Commission
may, by instrument in writing, delegate to any member, committee, officer or
employee of the Commission any function exercisable by the Cornmission
under this Act, other than the power of delegation.

(2) A delegation under this paragraph-

(a) may be made subject to such conditions, qualifications and
exceptions as may be specified in the instrument; and

(b) is revocable by the Commission, and shall not prevent the
exercise by the Commission of the function delegated.

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0 VERSEAS EXAMINATIONS COMMISSION 15

I SECOND SCHEDULE, contd. r
I

1 2 . 4 1 ) The Commission shall meet at such times as may be necessary Procedure
or expedient for the transaction of business, and such meetings shall be held andmeetings.
at such places and times as the Commission may determine.

(2) The chairman may, at any time, call a special meeting of the
Commission and shall cause a special meeting to be held within seven days
of a written request for that purpose addressed to him by any three members
of the Commission.

(3) The chairman or, in the case of the absence or inability of the
chairman to act, the deputy chairman shall preside at the meetings of the
Commission and in the absence of both the chairman and the deputy
chairman from any meeting, the member appointed pursuant to paragraph
3(3) shall so act.

(4) The quorum of the Commission shall be seven.

(5) Subject to the provisions of this Schedule, the CoIiunission may
regulate its proceedings.

(6) The validity of any proceedings of the Commission shall not be
affected by any vacancy among the members thereof or by any defect in the
appointment of a member thereof.

(7) The decisions of the Commission shall be by a majority of votes,
and in addition to an original-vote, the chairman shall have a casting vote
where the voting is equal.

(8) The minutes of each meeting of the Commission shall be kept in
proper form and shall be confirmed as soon as practicable at a subsequent
meeting.

1 3 . 4 1 ) No action, suit, prosecution or other proceedings shall be Protection
brought or instituted personally against any member of the Commission in o f m m b m .
respect of any act done bonafide in pursuance of this Act.

(2) Where any member of the Commission is exempt from liability
by reason only of the provisions of this paragraph, the Commission shall be
liable to the extent that it would be if the member were an employee or an
agent of the Commission.

I 1 4 . 4 1 ) The seal of the Commission shall be authenticated by the Authentica-
I signature of the chairman or any other member of the Commission authorized tion of seal
I

; to act in that behalf or the secretary or any other officer of the Commission so Emenb. , authorized and shall be judicially and officially noticed.
I

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SECOND SCHEDULE, contd.

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

Disclosure of 15. A member of the Commission who is directly or indirectly interested
interest. in any matter which is being dealt with by the Commission-

(a) shall, as soon as possible after the relevant facts have come to his
knowledge, disclose the nature of his interest at a meeting of the
Commission; and

(b) shall neither be present during the deliberation of the Commission
on the matter nor take part in the decision of the Commission
with respect thereto.

Office of 16. The office of the chairman, deputy chairman, or any other member of
member the Commission shall not be a public office for the purposes of Chapter V of
public office. the Constitution of Jamaica.

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