PUBLIC ACCOUNTANCY 1
THE PUBLIC ACCOUNTANCY ACT
ARRANGEMENT OF SECTIONS
PART I. Preliminary
1. Short title.
2. Interpretation.
PART 11. Public Accountancy
3. Establishment of Public Accountancy Board.
4. Functions of the Board.
5. Appointment of Registrar and other officers, agents and servants.
6. Funds of the Board.
7. Audit of accounts.
8. Annual reports and estimates.
9. Register of public accountants.
10. Application for registration as a public accountant.
1 I. Registration.
12. Qualifications for registration.
13. Striking off and suspension. etc.
14. Appeals to Court of Appeal.
1 4 ~ . Practising certificates.
15. Prohibitions affecting non-registered persons.
PART III. CIiarrered Accounrunfs
16. Institute to be a corporation.
17. Transfer of assets and liabilities.
18. Objects of Institute.
19. council of Institute.
21. Powers of Institute.
22. Qualifications for membership of Institute.
20. BY-~WS.
-
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2 PUBLIC ACCOUNTANCY
23. Register of members and register of students.
24. Use of designations and initials by members of Institute.
25. Prohibitions regarding use of designations and initials, etc., by
unauthorized persons.
PART IV. Miscellaneous
26. Publication in Gazette of particulars relating to register of public
27. Evidential provisions.
28. Rules made by the Board.
29. Regulations made by the Minister.
30. Amendment of Companies Act.
accountants.
SCHEDULES
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PUBLIC ACCOUNTANCY
THE PUBLIC ACCOUNTANCY ACT Acts
34 of 1968,
5 of 1975,
9 of 2004.
[6th July, 1970.1
PART I. Preliminary
1. This Act may be cited as the Public Accountancy Act. short title.
2. In this Act, unless the context otherwise requires- Interpreta- tion.
"Board" means the Public Accountancy Board established
as provided in section 3;
"Council" means the Council of the Institute;
"existing organization" has the meaning assigned to it by
section 17;
"Institute" means the Institute of Chartered Accountants of
Jamaica;
"practising certificate" means a certificate issued by the 511975
Board pursuant to section 1 4 ~ ; S. 2.
"prescribed" means prescribed by the regulations;
"public officer" means any person holding, or appointed to
act in, an office of emolument in the service of the
Crown in a civil capacity in respect of the Govern-
ment of Jamaica;
"register" means the register of public accountants men-
tioned in section 9;
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PUBLIC ACCOUNTANCY
"registered public accountant" means a person whose
name is on the register, not being a person whose
registration is for the time being suspended;
"the regulations" means the regulations made by the
Minister under this Act. (3
PART 11. Public Accountancy
Establish-
ment of 3.- (1) There shall be established for the purposes
Public of this Act a body to be called the Public Accountancy
Account-
ancy Board. Board.
First
(2) The provisions of the First Schedule shall have effect
Schedule. as to the constitution of the Board and otherwise in relation
thereto.
Functions
of the 4.- (1) The functions of the Board shall be, generally,
Board. to promote, in the public interest, acceptable standards of
professional conduct among registered public account-
ants in Jamaica, and, in particular (but without prejudice to the
generality of the foregoing) to perform the functions
assigned to the Board by the other provisions of this Act.
(2) The Board shall-
(a) register applicants who qualify as public accountants;
(b) establish systems for the review of the products,
methods and records of work of registered public
accountants to ensure adherence to-
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PUBLIC ACCOUNTANCY 4.01
(i) any prescribed standard of professional con-
duct; and
(ii) established accounting and auditing stan-
dards;
(c) make, with the approval of the Minister, rules in
relation to the promotion by the Board, in the
public interest of acceptable standards of professional
conduct among registered public accountants;
( 4 take disciplinary action against registered public
accountants for breach of any provision of this Act or
any regulation made hereunder; and
(e) remove from the register persons who no longer
qualifL to be registered public accountants.
(3) The Board may-
(a) establish, evaluate and monitor-
(i) the experience requirements of registered
public accountants;
(ii) accounting and auditing standards to be
complied with by registered public account-
ant s;
(6) establish, implement and regulate a system of con-
tinuing professional education for registered public
ac-tants, prescribe requirements therefor and
monitor compliance with the requirements;
(c) implement, regulate and monitor a system of quality
control reviews; and
912004
S. 2 (b).
( 4 perform such other monitoring hnctions as it
considers necessary or expedient.
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4.02 PUBLIC ACCOUNTANCY
Appointment
of Registrar 5.---(I) The Board may appoint and employ at such
andother remuneration and on such terms and conditions as it thinks
officers,
agents and fit a Registrar and such other officers, agents and servants
servants. as it thinks necessary for the proper carrying out of its functions
under this Act:
Provided that-
(a) no salary in excess of the prescribed rate shall be
assigned to any post without the prior approval of the
Minister; and
(b) no appointment shall be made to any post to which a
salary in excess of the prescribed rate is assigned
without the prior approval of the Minister.
912004 (2) For the purposes of subsection (I), the "prescribed
S. (b). rate" means such rate as the Minister may, by order, prescribe.
Funds of
the Board. 6.-41) The Board shall maintain a fund into which shall
be paid all such moneys as may from time to time be
placed at the disposition of the Board for the purposes of
this Act by Parliament, and such other moneys as may law-
fully be paid to the Board; and out of the fund shall be paid
all expenses incurred by the Board in carrying out its
functions under this Act and all other liabilities properly
incurred by the Board. 0
(2) The Board shall manage, administer and keep proper
accounts of the fund.
(3) The Board may invest any moneys standing to
the credit of the fund in any investment in which trustees
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PUBLIC ACCOUNTANCY 5
are for the time being by law authorized to invest trust
funds.
7.-(1) The accounts of the Board shall be audited Auditof
accounts. annually by a person appointed annually by the Board with
the approval of the Minister.
(2) A copy of the said audited accounts shall be kept
at the offices of the Board and shall at all reasonable times
be open to inspection by any registered public accountant.
8 .41 ) The Board shall in each year prepare and forward Annual
reports and to the Minister and to the Institute on or before the estimates.
thirtieth day of June a report of its proceedings during the
twelve months ending on the thirty-first day of March in
that year, including a statement of its accounts audited in
accordance with section 7, and the Minister shall cause
copies of the report to be laid ofl the Table of the House
of Representatives and of the Senate.
(2) The Board shall on or before the prescribed
date in each year submit to the Minister for approval
its estimates of revenue and expenditure in respect of the
period commencing on the first day of April next following
and ending on the thirty-first day of March of the sub-
sequent year.
9.-(1) The Board shall cause to be kept in such form Register
as it may from time to time determine a register, to be accountants.
known as the register of public accountants, in which shall
be entered the name and such other particulars as may be
prescribed of every person registered under this Act as a
public accountant.
(2) The register shall be kept at such place as the
Board may from time to time determine and shall be open
to inspection by the public at all reasonable times.
of public
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6 PUBLIC ACCGUNTANCY
Application 10. Every application for registration as a public
trationas accountant shall be made to the Board in the prescribed
apublic ccountant. manner and shall be accompanied by the prescribed fee
and by such documents as may be prescribed.
for regis-
Registra- 11.--(1) If the Board is satisfied in relation to any appli-
cant for registration that-
(a) the provisions of section 10 have been complied
with; and
(b) the applicant is of good character; and
(c) the applicant is qualified for registration under the
provisions of section 12,
the Board shall register the applicant as a public accountant
and shall notify the applicant in writing accordingly and
shall furnish him with a certificate of registration in the
prescribed form.
(2) If a person is qualified for registration only
under paragraph (a) of subsection (1) of section 12, being
a person who is a member of the Institute by virtue of
paragraph (b) of subsection (2) of section 22, his registra-
tion shall (without prejudice to the provisions of section 13)
have effect only for such period as the Board may specify
at the time of his registration and such period shall be
endorsed on his certificate of registration, so, however, that
such period may from time to time be extended by the
Board.
(3) Where by virtue of subsection (2) the registra-
tion of a person has ceased to be effective his name shall
forthwith be removed from the register.
(4) If the Board is not satisfied as to one or more
of the conditions set out in subsection (11, the Board shall
refuse to register the applicant and shall notify the applicant
in writing accordingly and shall inform him of the right of
appeal conferred by section 14.
tion.
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PUBLIC ACCOUNTANCY 7
12.--41) A person (other than a body corporate) shall 2:::;:-
be qualified for registration for the purposes of paragraph (c) registration.
of subsection (I) of section 11 if, and only if, he satisfies
the requirements established by the Board pursuant to section (ii)(iii).
4(3) (a) (i) and-
(a) he is ordinarily resident in Jamaica and is a member of
the Institute, being a person qualified for membership
thereof under subsection (1) or subsection (2) of
section 22 and would qualify for a practising
certificate from the Institute; or
(6) he is-
(i) ordinarily resident in Jamaica; and
912004
S. 4(a)(iv).
(ii) he is entitled to practise accountancy in any
country other than Jamaica by virtue of a
qualification (whether a degree or diploma
or membership of any body or otherwise)
that is, after consultation with the Board,
approved by the Minister for the purposes of
this paragraph;
(c) [Deleted by Act 9 of 2004.1
(d) [Deleted by Act 9 of 2004.1
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PUBLIC ACCOUNTANCY
(2) [Deleted by Act 9 of 2004.1
Striking
off and 13.-41) If any person registered under this Act as a
suspen- public accountant-
sion, etc. O
(a) is convicted of any criminal offence involving dis-
honesty; or
(b) has, as the result of disciplinary proceedings taken
against him, been deprived of, or suspended from,
membership of the Institute or any professional
accountancy body constituted outside Jamaica; or
(c) is found, upon enquiry by the Board made in
accordance with the regulations-
(i) to have procured his registration under this
Act as a result of any misleading, false or
fraudulent representation; or
(ii) to have breached any provision of this Act
or any regulation made hereunder; or
(iii) to have been guilty, in a professional respect,
of grave impropriety or infamous conduct, or
to have been guilty, in the performance of
his professional duties, of gross negligence
or gross incapacity, or to have been guilty of
any act, default or conduct discreditable to
the profession,
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PUBLIC ACCOUNTANCY 9
the Board may, if it thinks fit, exercise in respect of that
person all or any of the disciplinary powers conferred on
the Board by subsection (2).
(2) The disciplinary powers which the Board may
exercise as aforesaid in respect of any such person are as
follows-
(4 the Board may cause the name of such person to
be removed from the register;
(b) the Board may suspend the registration of such
person for any period not exceeding one year;
(4 the Board may censure such person;
(d) the Board may order such person to pay to the
Board such sum as the Board thinks fit in respect
of the costs and expenses of and incidental to the
enquiry.
(3) In every case where the Board has exercised any
of its disciplinary powers in respect of any person, the
Board shall notify that person in writing accordingly and
shall inform him of the right of appeal conferred by
section 14.
(4) Upon application to the Board made in the
prescribed manner and within the prescribed period the
Board may direct that any decision of the Board exercising
any of the disciplinary powers conferred on it by this
section shall be suspended while the person to whom the
decision relates remains entitled to appeal against the
decision in accordance with section 14 or while any such
appeal by him awaits determination by the Court of
Appeal.
(5 ) In any case where the Board causes the name
of any person to be removed from the register, the Board
may, as part of its decision, fix a time before which the
person whose name is so removed shall not be eligible to
apply to the Board for re-registration under this Act.
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10 PUBLIC ACCOUNTANCY
(6) Subject to the provisions of subsection (9, a
person whose name has been removed from the register
may apply for re-registration at any time and all the
provisions of this Act relating to registration shall, so far
as applicable, apply to re-registration under this section.
(7) All costs and expenses payable to the Board
under this section shall be recoverable as a debt due to the
Board.
Appzals
to Court
14 .41) In any case where the Board has refused to
register under section 11 any person as a public accountant
or has, in respect of any person registered as a public
accountant, exercised any of the disciplinary powers
conferred on the Board by section 13, that person may, in
accordance with rules of court made under the Judicature
(Rules of Court) Act, appeal against such refusal or such
exercise, as the case inay be, to the Court of Appeal.
(2) Upon such appeal the Court of Appeal may
dismiss the appeal and confirm the decision appealed from,
or may allow the appeal and set aside the decision, or
may vary the decision, or may allow the appeal and direct
that the matter the subject of the appeal be determined
afresh by the Board, and may also make such order as to
costs before the Board and as to the costs of the appeal as
the Court shall think proper.
Practising 14~.---(1) A person registered under this Act shall not
51 1975 practise as a public accountant except by virtue of and in
s. 5. accordance with a practising certificate which shall be
issued by the Board in the prescribed form on payment
to the Board of the prescribed annual fee,
(2) A person who practises in contravention of
subsection (1) shall be incapable of maintaining any action
for recovery of any fee or reward on account of, or in
relation to, any act done by him in the course of such
practice.
of Appeal.
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PUBLIC ACCOUNTANCY 1 1
(3) A practising certificate shall cease to be in force if- ry
(a) the person to whom it is issued is-
(i) adjudged a bankrupt; or
(ii) of unsound mind;
(b) the name of the person to whom it is issued is
removed from register;
(c) a registered public accountant, who is informed on or
before the 3 1st day of December of any year that the
annual fee is due on the 1st day of January of the
ensuing year, fails to pay the annual fee by the 30th
day of June of the same year, after being reminded of
such failure in the prescribed manner.
(4) During the period of suspension of a person
registered as a public accountant under this Act no practising
certificate shall be issued to him and any practising certificate
issued to him prior to such suspension shall cease to be in force
during the period of the suspension.
(5) In this section the expression "practise as a public
accountant" has, mutatis mutandis, the meaning assigned to it in
section 15.
15.-41) No person, unless he is a registered public Prohibitions
accountant, shall in Jamaica- affecting non-
(a) practise as a public accountant; registered
persons.
(b) use, in relation to himself, the designation "Public 912004
Accountant", either alone or in conjunction with any S. 7(a).
other words or initials; or
(c) use, in relation to himself, any designation, title,
name, initials or description indicating or implying
that he is entitled to so use the designation mentioned
in paragraph (b), or that he is a registered public
accountant.
(2) A person practises as a public accountant within the
meaning of paragraph (a) of subsection (1) if-
(a) he practices accountancy within the meaning of sub-
section (3); and
(b) in practising accountancy as aforesaid, he holds him-
self out (whether expressly or by implication) as being
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PUBLIC ACCOUNTANCY
Institute
to be a
corpora-
tion.
a professionally qualified accountant or an expert in
accounting or auditing matters.
(3) A person practises accountancy within the meaning
of paragraph (a) of subsection (2) if, for reward, he prepares or
examines financial, accounting or related statements, or issues
any written opinion, report or certificate concerning any such /
statement, but a person does not practise accountancy as
aforesaid by reason only that-
(a) he does so in the course of his duties as an employee
of any person; or
(b) he engages in book-keeping or cost accounting or the
installation of book-keeping, business or cost systems,
not including the preparation of financial statements
purporting to reflect a true and fair view or to be in
conformity with generally accepted accounting stan-
dards or in such work as may be prescribed for the
purposes of this subsection.
(4) Any person who contravenes the provisions of this
section shall be guilty of an offence and liable on summary
conviction before a Resident Magistrate-
(a ) in the case of a first offence, to a fine not exceeding
two million dollars and in default of payment thereof
to imprisonment with or without hard labour for a
term not exceeding six months; and
(b) in the case of a second or subsequent offence, to a fine
not exceeding four million dollars and in default of
payment thereof to imprisonment with or without hard
labour for a term not exceeding twelve months.
PART 111. Chartered Accountants
16.-(1) As from the 6th July, 1970, the persons who are for
the time being members of the organization constituted on the
eighteenth day of January, 1965, under the name of the Institute
of Chartered Accountants of Jamaica shall be a body corporate
under the name of the Institute of Chartered Accountants of
Jamaica.
(2) The Institute may sue and be sued in the said
name, and shall have perpetual succession and a common
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PUBLIC ACCOUNTANCY 13
seal, and may from time to time make, change, alter and
renew the said seal as the Institute may deem fit.
17. All assets and liabilities of the unincorporated TsTsa,:;t;tf
organization constituted on the eighteenth day of January, liabilities.
1965, under the name of the Institute of Chartered Account-
ants of Jamaica (hereinafter in this Act referred to as
“the existing organization”), being assets and liabilities
existing immediately before the 6th July, 1970, are hereby
without any further assuran’ce transferred to and vested in
the Institute.
18. It is hereby declared that the objects of the Objectsof
Institute. Institute are-
(a) to promote and increase the knowledge, skill and
proficiency of its members and students;
(b) to regulate the discipline and professional conduct
of its members and students;
(c) to promote and protect the welfare and interest
of the Institute and the accounting profession
both in Jamaica and abroad;
(4 to make provision for the training, education and
examination of persons engaging in or intending
to engage in the said profession (whether in
Jamaica or elsewhere, and whether in private
practice or as employees of the Government of
Jamaica or any statutory body or any industrial
or commercial enterprise or any other person who
is not an accountant in private practice);
(e) to do all such things as are incidental to the
aforesaid objects or as the Institute may think
conducive to the attainment of those objects or
any of them.
19.-(1) The affairs of the Institute shall, subject to the Councilof
Institute. provisions of this Act, be managed and conducted by a
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14 PUBLIC ACCOUNTANCY
Council which, subject to the provisions of this Act, shall
control the income, capital, funds and property of the
Institute and govern, direct and decide all matters con-
nected with the appointment of the officers and servants
of the Institute and with the administration of the affairs,
and the accomplishment of the objects and general
purposes, of the Institute, and the Council shall have and
may exercise all the powers conferred on the Institute by
this Act, other than the power to make by-laws.
Second (2) The provisions of the Second Schedule shall
have effect as to the constitution of the Council and
otherwise in relation to the Council and the Institute.
Bylaws. 20.41) The Institute may from time to time make such
by-laws as may be necessary or expedient to carry out
the objects of the Institute and (without prejudice to the
generality of the foregoing) by-laws may be made under
this section in relation to all or any of the following
matt er s-
(a) the constitution of the Council and the election
or appointment of members of the Council and
their tenure of office;
(b) the election, appointment, resignation and removal
of officers of the Institute;
(c) the holding of meetings of the Council and of the
members of 'the Institute;
(6) the manner of voting at meetings or elections;
(e) the use and custody of the seal of the Institute;
V, the powers, duties and functions of the Council,
officers and servants of the Institute;
(g) the receipt, management, investment and expendi-
ture of the moneys and property of the Institute;
(h) the admission of students of the Institute;
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PUBLIC ACCOUNTANCY 1s
(i) the fees, subscriptions or other sums payable to
the Institute by members or students;
(11 the examination of candidates for admission as
members of the Institute and the fees payable for
any such examination;
(k) the classification of members of the Institute;
( I ) the prescribing of requirements for membership
of the Institute;
(m) the exemption of persons from courses of study,
practical experience requirements or examina-
tions;
(12) the exercise (after due enquiry) of disciplinary
authori'ty over members and students of the
Institute, including ex'pulsion, suspension or the
imposition of other penalties;
(0) the manner in whidh persons cease to be members
or students of the Institute otherwise than as the
result of disciplinary authority;
( p ) rules of professional conduct for members and
students of the Institute,
but nothing in this subsection shall be taken as authorizing
the making of any by-law that is inconsistent with any
provision contained in this Act.
(2) No by-law (howsoever expressed) shall operate
so as to exclude any person from becoming a student of the
Institute or from taking any examination set or designated
by the Institute for the purpose of any provision of this
Act, by reason only that such person is in the employment
of the Government of Jamaica or any statutory body or
any industrial or commercial enterprise or any other person
who is not an accountant in private practice, so, howcver,
that nothing in this subsection shall render invalid any by-
law that requires that a person shall have been engaged in
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16
Powers of
Institute.
Qualifica-
tions for
member-
ship of
Institute.
PUBLIC ACCOUNTANCY
work of an accountancy nature prior to his being accepted
as a student of the Institute.
(3) Every by-law which immediately before the 6th
July, 1970, was in force as a by-law of the existing
organization shall, unless it is inconsistent with any pro-
vision contained in this Act, as from that date and until
revoked or amended by a by-law made under this section
be deemed to be a by-law made by the Institute under
this section.
shall be lawful for the Institute-
to purchase or otherwise acquire land;
to erect on land held by it, or acquire, buildings
(whether or not necessary for the use and occupa-
tion of the Institute or for carrying on its objects)
and lease any part of such buildings;
to hold, mortgage, charge, lease, dispose of, sell,
alienate or convey any property, whether real or
personal;
to borrow money upon the credit of the Institute,
issue bonds, debentures, debenture stock or other
securities and pledge or sell such bonds, deben-
tures, stock or other securities;
to take any gift of property, whether subject to
any special trust or not, for any one or more of
the objects of the Institute;
to invest any surplus funds in such securities as
may be prescribed; and
to do all things reasonably necessary to carry out
the objects of the Institute.
22.-(1) Subject to the provisions of subsections (2) and
(3), with effect from the 6th July, 1970, the following
persons, and no others, shall, on payment of any fee
required by the by-laws of the Institute, be entitled to
become members of the Institute-
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PUBLIC ACCOI/TNTANCY
(a) any person who-
(i) is a citizen of Jamaica or was, immediately
before the 6th July, 1970, ordinarily resident
in Jamaica; and
(ii) at any time before the 6th July, 1970, was a
member of, or had (apart from the payment
of any fee) satisfied the conditions for
membership of, any body mentioned in the
Third Schedule or any other professional Third
Schedule.
accountancy body that is, on the
recommendation of the Board, approved by
the Minister for the purposes of this
paragraph;
(b) any person who-
(i) is a citizen of Jamaica or was, immediately
before the 6th July, 1970, ordinarily resident
in Jamaica; and
(ii) was, immediately before the 6th July, 1970, a
registered student of any such body as falls
within sub-paragraph (ii) of paragraph (a) of
this subsection; and
(iii) has passed the qualifying examinations of
the body of which he was a registered
student;
(c) any person who passes such qualifying examinations
as may be set or designated by the Council for the
purposes of this paragraph, and who satisfies such
other requirements for membership as may be
prescribed'in the by-laws of the Institute.
(2) Subject to the provisions of subsection (3), the
Council of the Institute may in its discretion admit to
~9mbership of the Institute-
(a) any person who has been registered as a public
accountant in pursuance of paragraph (b) of
subsection (1) of section 12;
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PUBLIC ACCO W A N C Y
Register of
members and
register of
students.
Use of
designations
and initials
by members
of Institute.
Prohibitions
regarding
use of
designations
and initials,
etc., by
unautlimized
persons.
(b ) any other person who is a member of a professional
accountancy body approved by the Council for the
purposes of this paragraph, being a person who is not
eligible for membership of the Institute under the
preceding provisions of this section.
(3 ) No person shall be accepted as a member of the
Institute unless the Council is satisfied that-
0
(a ) he has attained the age of twenty-one years; and
( b ) he is of good character.
23. The Secretary of the Institute shall keep-
(a ) a register of members of the Institute; and
(b) a register of students of the Institute.
2 4 . 4 1 ) Every member of the Institute shall, by virtue of
such membership, have the right to use the designation
"Chartered Accountant".
(2 ) Every member of the Institute who is a Fellow of the
Institute shall also have the right to use after his name the initials
"F.C.A.".
(3 ) Every member of the Institute who is an Associate of
the Institute shall also have the right to use after his name the
initials "C. A.".
(4) Nothing in this section shall preclude the use by any
member of the Institute of any other designation or initials in
accordance with the provisions of section 25.
2 5 . 4 1 ) No person shall, in relation to the practice
of accountancy in Jamaica, use, in relation to himself,
any of the following designations, that is to say, "Chartered
Accountant", "Certified Accountant", "Certified Public
Accountant" or "Incorporated Accountant", either alone or
in conjunction with any other words or initials, or use,
in relation to himself, any other designation, title, name,
initials or description indicating or implying that he is
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PUBLIC ACCOUNTANCY 19
entitled to so use any such designation as aforesaid, unless
he is entitled to so use such designation by virute of his
being a member of the Institute or of any such body as
falls within sub-paragraph (ii) of paragraph (a) of subsection
(1) of section 22.
(2) Every person who uses, in relation to himself,
any of the following initials, that is to say, “C.A.”,
“F.C.A.”, “A.C.A.”, “F.A.C.C.A.”, “A.A.C.C.A.”, “C.P.A.”,
“A.C.P.A.”, “A.C.P.A.J.”, “F.S.A.A.”, or “A.S.A.A.” or
any combination thereof, shall be deemed, for the purposes
of subsection (1) to have used in relation to himself one of
the designations mentioned in that subsection, unless it 3s
proved that the manner and circumstances in which he
used any such initials were such as to raise no reasonable
inference that he was referring to the practice or profession
of accountancy,
(3) Any person who contravenes any of the provi-
sions of this section shall be guilty of an offence and liable
on summary conviction before a Resident Magistrate-
(0) in the case of a first offence, to a fine not exceed-
ing one hundred dollars and in default of payment
thereof to imprisonment with or without hard
labour for a term not exceeding six months; and
(b) in the case of a second or subsequent offence, to a
fine not exceeding four hundred dollars and in
default of payment thereof to imprisonment with
or without hard labour for a term not exceeding
twelve months.
PART IV. Miscellaneous
26. The Board shall- Publication
in Gazette
published in the Gazette a current list of registered culars rel ting to
register of
public
(a) at such times as may be prescribed, cause to be ofparti-
public accountants; and
accountants.
[The inclusion of this page is authorized by L.N. 60/1976]
(a) the making of corrections to the register and the
removal therefrom of the names of persons who
have died or who, for such period as may be
-vn..,--:L-J 1
20 PUBLIC ACCOUNTANCY
(b) as soon as practicable after a person’s name has
been removed from the register in accordance with
subsection (3) of section 11 or in pursuance of
the powers conferred by paragraph (a) of sub-
section (2) of section 13, or after a person’s regis-
tration has been suspended in pursuance of the
powers conferred by paragraph (b) of subsection
(2) of section 13, cause notice of such removal or
suspension, as the case may be, to be published in
the Gazette.
Evidential 27.-( 1) The following documents-
provisions.
(a) a certificate of registration issued by the Board;
and
(b) a certificate under the hand of the Secretary of the
Institute that a person is or is not a member of
the Institute,
shall be prima facie evidence in all courts and before all
persons of the facts therein certified.
R U I ~ S ~ ~ ~ ~ 28. The Board may with the approval of the Minister,
make rules in relation to the promotion by the Board, in
the public interest, of acceptable standards of professional
conduct among registered public accountants and (without
prejudice to the generality of the foregoing) such rules may
prescribe a code of professional conduct to be observed by
all registered public accountants and may make provision
with respect to any other matter or thing prescribed by the
regulations for the purposes of this section.
by the
Board.
Regulations
Minister.
29. The Minister may, after consulting with the Board,
make regulations generally for giving effect to the purposes
and provisions of this Act and in particular (but without
prejudice to the generality of the foregoing) may make
regulations in relation to all or any of the following
matters-
made by the
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PUBLIC ACCOUNTANCY 21
the making of corrections to the register and the
removal therefrom of the names of persons who
have died or who, for such period as may be
prescribed, have ceased to practise accountancy in
Jamaica or have been absent from Jamaica;
the making of complaints against registered public
accountants;
the procedure to be followed in respect of dis-
ciplinary inquiries held by the Board;
the making of recommendations by the Board for
the purpose of any of the provisions of section 22
and the procedure to be followed by persons
seeking to obtain the Minister’s approval of any
body, experience, qualification or other matter or
thing under any such provision;
the fees to be paid in respect of anything done
under or for the purposes of any provision of this
Act;
the service of documents under or for the purposes
of any provision of this Act;
the surrender of certificates of registration;
prescribing any other matter or thing required or
authorized by this Act to be prescribed. L t
[The inclusion of this page is authorized by L.N. 60/1976]
PUBLIC ACCOUNTANCY
FIRST SCHEDULE (Section 3 (2) )
1 . The Board shall consist of ten members appointed by the Minister,
and of such ten members such number as the Minister may determine,
being not less than six, shall be persons nominated by the Institute,
and of the persons nominated by the Institute one shall be a public
officer and one shall be a person who is neither an accountant in
private practice nor a public officer, so, however, that, if the Institute,
on the occasion of an appointment as aforesaid, fails to make a nomi-
nation in accordance with the preceding provisions of this paragraph
within one month from the receipt by the Institute of a written request
in that behalf by the Minister, the requirement of nomination by the
Institute shall be disregarded in relation to such appointment on that
occasion.
2. The appointment of a member of the Board shall, subject to the
provisions of this Schedule, be for a period not exceeding three years,
and every member shall be eligible for reappointment.
3. (1) The Minister shall, after consultation with the members of
the Board, appoint one of the members to be the President of the
Board and one other to be the Vice-President.
(2) The appointment of a member of the Board as the President
or Vice-President of the Board shall, subject to the provisions of
this Schedule, be for such period as the Minister may determine at
the time of appointment and the President or Vice-President shall be
eligible for reappointment.
4. (1) If the President or the Vice-President is absent or unable to
act as such the members of the Board may elect a member to act
in the place of the President or Vice-President, as the case may be.
(2) If any member of the Board is absent or unable to act as
such the Minister may appoint any person to act in the place of such
member, and, in making any such appointment, the Minister shall
have regard to the provisions of paragraph 1.
5. (1) The President may at any time resign his office of President
or his office as member by instrument in writing addressed to the
Minister.
(2) The Vice-President may at any time resign his office of
Vice-President by instrument in writing addressed to the Minister and
transmitted through the President.
(3) A member other than the President may at any time resign
his office as member by instrument in writing addressed to the Minister
and transmitted through the President.
(4) Every such resignation as aforesaid shall take effect from
the date of receipt by the Minister of the instrument of resignation.
6. The Minister may at any time revoke any appointment made by
him under the preceding paragraphs if he thinks it expedient so to do.
[The inclusion of this page is authorized by L.N. 60/1976]
Constitu-
tion of
Board.
Tenure of
office.
President
and Vice-
President.
Acting
appoint-
ments.
Resigna-
tions.
Rowcation
of appoint-
ments.
PUBLIC ACCOUNTANCY 23
7. If any vacancy occurs in the membership of the Eoard such Flllingof
Lacancy shall be filled by the appointment of another member by vacancies.
the Minister. and, in making any such appointment, the Minister shall
have regard to the provisions of paragraph 1.
8. The names of all members of the Board as first constituted and Gazetting
every change in the membership thereof shall be published in the of appoint.
Gazette. ments.
9. (1) The Board shall be a body corporate having perpetual SUC- Incorpora-
cession and a common seal with power to acquire, hold and dispose tion.
of land and other property of whatever kind.
(2) The seal of the Board shall be kept in the custody of the
President or thc Registrar and shall be affixed to instruments pursuant
to a resolution of the Eoard in the presence of the President or any
other member of the Board and the Registrar.
(3) The seal of the Board shall be authenticated by the signa-
tures of the President or any other member authorized to act in that
behalf and the Registrar, and shall be officially and judicially noticed.
(4) All documents, other than those required by law to be under
seal, made by, and all decisions of, the Board may be signified under
the hands of the President or any other member authorized to act
in that behalf, and the Registrar.
(5) The Board may sue and be sued in its corporate name and
may for all purposes be described by such name.
10. (1) The Board shall meet at such times as may be necessary Procedure
or expedient for the transaction of its business, and such meetings andmeet-
shall be held at such places and times and on such days as the Ings.
Board may determine.
(2) The President may at any time call a special meeting of
the Board and shall call a special meeting within seven days of the
receipt of a written requisition for that purpose addressed to him by
any two members of the Board.
(3) The President or, in his absence, the Vice-President, shall
preside at all meetings of the Board at which he is present, and in
case of the absence of both the President and the Vice-President from
any meeting the members present and constituting a quorum shall
elect a chairman from among their number to preside at that meeting.
(4) A quorum of the Board shall be five.
( 5 ) The decisions of the Board shall be by a majority of votes
and, in addition to an original vote, the person presiding at a
meeting shall have a casting vote in any case in which the voting
is equal:
Provided that no decision of the Board relating to the exercise
of any of the disciplinary powers mentioned in section 13 shall be
valid unless approved by the votes of at least two-thirds of such
number of the members of the Board as are present.
[The inclusion of this page is authorized by L.N. 480/1973]
24 PUBLIC ACCOUNTANCY
(6) Minutes in proper form of each meeting of the Board shall
be kept.
(7) The validity of the proceedings of the Board shall not be
affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.
(8) Subject to the provisions of this Schedule the Board may
regulate its own proceedings.
Commit tees.
fit
to
11. (I) The Board may appoint such committees as it may think
and may delegate to any such committee the power and authority
carry out on its behalf such duties as the Board may determine,
so, however, that no such committee shall have the power to make
rules or to exercise any of the disciplinary powers conferred by
section 13.
Protection
of members.
Remunera-
tion of
members.
Offices not
public
OffilXS.
Constitu-
tioll of
the council.
(2) The constitution of each committee shall be determined by
the Board.
12. (1) No member of the Board shall be personally liable for any
act or default of the Board done or omitted to be done in good faith
in the course of the operations of the Board.
(2) Where any member of the Board is exempt from liability
by reason only of the provisions of this paragraph the Board shall
be liable to the extent that it would be if the member were a servant
or agent of the Board.
13. There shall be paid from the funds of the Board to the
President and Vice-President and other members of the Board such
remuneration. whether by way of honorarium, salary or fees, and
such allowances, as the Minister may determine.
14. The office of President, Vice-President, or member of the Board
shall not be a public office for the purposes of Chapter V of the
Constitution of Jamaica.
SECOND SCHEDULE (Section 19 (2) )
1. (1) The Council shall consist of not fewer than eight nor more
than twelve of the members of the Institute, and of the members of
the Council at least one shall be a public offier, and of the remaining
members at least one-third shall be persons who are neither accountants
in private practice nor public officers.
(2) The members of the Council shall have such qualifications.
shall be elected or appointed in such manner, and shall hold office
for such term, as the bylaws of the Institute may from time to time
provide.
(U) from among its members elect a President of the Institute
and one or more Vice-Presidents; and
2. The Council shall-
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PUBLIC ACCOUNTANCY 25
(b) appoint a Secretary and a Treasurer or a SecretaryITreasurer
and such other ofiicers as the by-laws of the Institute may
from time to time provide.
3. (1) An aiinual general meeting of the members of the Institute Meetings.
shall be held in every year for the transaction of such business as
may be brought before the meeting. at such time and place and in
such manner as the by-laws of the Institute shall provide.
(2) Other meetings of the members of the Institute may be
convened and held as the by-laws of the Institute may from time
to time provide.
4. The persons who, immediately before the 6th July, 1970, are savlngl.
members of the Council of the existing organization shall. if the
constitution of such Council immediately before such date accords
with sub-paragraph (1) of paragraph 1. with effect from such date, be
deemed to have been elected or, as the case may be, appointed. as
members of the Council under and in amrdance with paragraph 1,
and every person who. immediately before such date held, in such
organization any office mentioned in paragraph 2 shall, with effect from
such date, be deemed to have been elected or, as the case may be,
appointed to such an office under and in accordance with paragraph 2.
THIRD SCHEDULE (Section 22 (1) )
1. The Institute of Chartered Accountants in England and Wales.
2. The Institute of Chartered Accountants of Scotland.
3. The Institute of Chartered Accountants in Ireland.
4. The Institute of Chartered Accountants of any Province of
Canada.
5. The Association of Certified and Corporate Accountants (of
the United Kingdom).
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