CARIBBEAN EXAMINATIONS COUNCIL 1

THE CARIBBEAN EXAMINATIONS COUNCIL ACT Act
2 of 1993.

[22nd February, 1993.1
f- \\
L

1. This Act may be cited as the Caribbean Examinations shofltltle
Council Act.

2. In this Act-

"the Agreement" means the Agreement establishing the
Caribbean Examinations Council of which the text of
the Articles is set out in the Schedule, and includes
any Protocol thereto; Schedule.

"the Council" means the Caribbean Examinations Council
established by the Agreement.

"Minister" ~ e a n s the Minister responsible for education.

3, The provisions of paragraph 1 of Article VIII of the ceaain
Agreement shall have the force of law in Jamaica. provisions

of Agree-
ment given
force of Iaw
in Jamaica.

4.-(1) The Minister may, by order, make such provisions as power of
may be necessary for carrying into effect any of the provisions p:y
of the Agreement. order.

(2) Without prejudice to the generality of subsection (1)
the Minister may, by such order as aforesaid, implement any
provision made by Protocol pursuant to paragraph 2 of Article
VIII.

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2 CARIBBEAN EXAMINATIONS COUNCIL

Amendment 5.-(1) Where any amendment to the Agreement is accepted
of Schedule
andmatters by the Government, the Minister may, by order, amend the
consequential Schedule by including therein the amendment so accepted.
on amend-
ment.

(2) Any order made under this section may contain such
consequential, supplemental or ancillary provisions as appear to
the Minister to be necessary or expedient for the purpose of
giving due effect to the amendment accepted as aforesaid and,
without prejudice to the generality of the foregoing, may contain
provisions amending references in this Act to specific provisions
of the Agreement.

(3) Every order made under this section sheill be subject
to negative resolution.

(4) Where the Schedule is amended pursuant to this
section, any reference in this Act or any other instrument to the
Agreement shall, unless the context otherwise requires, be
construed as a reference to the Agreement as so amended.

Examination
fraud. 6.-(1 Any person who, in relation to an examination

conducted by or on behalf of the Council, commits an examina-
tion fraud shall be guilty of an offence against this Act and shall
be liable on summary conviction in a Resident Magistrate's
Court to a fine not exceeding two thousand dollars or in default
of payment thereof, to imprisonment for a term not exceeding
six months.

(2) For the purposes of *is section, a person commits an 0
examination fraud if he, whethef by himself or in concert with
others and whether as a candidate at an examination or
otherwise, does anything in relation to an examination with the
intention of falsifying the result of the examination.

(3) Any person who conspires with any other person to
commit an examination fraud shall also be guilty of that offence.

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CARIBBEAN EXAMINATIONS COUNCIL 3

7.-(1) Without prejudice to any other form of proof, Evidenn of eaamina-
evidence of examination fraud may i n c l u d e tion fraud.

(a) as regards a candidate at an examination-
(i) failure on his part to report to the Regis-

trar prior to the examination any un-
authorized access by him to the examination
papers;

(iif unauthorized access to text books or other
relevant papers, records or apparatus during
the examination;

(6) as regards any person (whether or not a candidate
at an examination)-

(i) unauthorized disclosure of examination
questions or papers prior to an examination;

(ii) the act of providing a candidate during an
examination with unauthorized assistanoe of
a type relevant to the candidate’s perform-
ance in the examination;

(iii) representing himself at the examination to
be some other person;

(iv) the offer by him of any promise of reward or
any threat to an examiner to induce the
examiner to make other than a fair and
impartial assessment of an answer to an
examination question;

(v) the act of forging, with intent to defraud or
deceive, documents relating to awess to an
examination or to examination results, or
the act of uttering any such document know-
ing it to be forged.

(2) For the purposes of subsection (1)-

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4 CARIBBEAN EXAMINATIONS COUNCIL

Extra-
territorial
jurisdic-
tion.

(a) an act is unauthorized as respects any examination
if i t is not authorized by the Registrar;

(b) “Registrar” includes Pro-Registrar and any person
duly authorized by the Registrar or Pro-Registrar
to perform duties on their behalf.

8.-(1) Anything which would constitute an offence under
this Act if done in Jamaica shall also constitute an offence-

(a) if done by a citizen of Jamaica anywhere; or
(bj if done partly within and partly outside of Jamaica.

(2) Any agreement or other arrangement by a person
who is in Jamaica for any person to do anything outside of
Jamaica which would, if done in Jamaica, constitute an
offence under this Act shall for the purposes of this Act and
the law relating to conspiracy have the same consequence as
would follow if what was arranged to be done were arranged
to be done in Jamaica.

(3) Far the purposes of subsection (l), an offence com-
mitted by any person outside or partly outside of Jamaica
may be determined by a Resident Magistrate having juris-
diction in Jamaica in any parish where that person happens
to be for the time being.

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CARIBBEAN EXAMINATIONS COUNCIL 5

scA6DuLE (Section 2)

AGREEMENT ESTABLISHING THE CARIBBEAN
EXAMINATIONS COUNCIL

THE PARTICIPATING GOVERNMENTS :
RHCOGNISING the decision of the Second Confereuce of Heads of

Government of the Commonwealth Caribbean Countries held in
Jamaica in January, 1964, that the setting up of a Caribbcan Examina-
tions Council was a 6.t and proper subject for regional co-operatioa :

Chsaous of the need for the institution of a new system of examina-
tions for the Area under the aegis of the Conference:

HAVE AGREED AS FOLLOWS :

ARTICLE 1

INTERPRETATION
In this Agreement, unless the context otherwise requires-

“Area” means the following Territories the Government of which
are participating Governments :

(U) Antima Guyana
Bahamas Jamaica
Barbados Montserrat
Belize. St. Kitts-Nevis-Anguilla
British Virgin Islands St. Luck

Dominica Trinidad and T h g o
Grenada

(b) any other Territory in the Caribbean;
“Article” means an Article of this Agreement;
“Council” means the Caribbean Examinations Couricil established

under Article IZ
“patticipating Governments” means the Governments which are

from time to time parties to this Agreement;
“School Examinations Committee” means the School Examina-

tiom Cwrmittee app0int-d by the Council in aosor- with
Articles ID and X.

Cayman Islands st. Vincent

Turks and Cairn Islands: and

ARTICLE II
ESTABLISHMENT AND CONSTITUTION

1. The Council is hereby established and shaU consist of the folbwing
m e m h -

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6 CARlBBEAN EXAMINATIONS COUNCIL

(a) the ViceChanceUor of the University of the West Indies;
(b) the VicechancelIbr of the University of Guyana:
(c) (i) three representatives of the University of the West M i e s

appointed by the Vice-Cbncellor of the University of the
West Indies regard being given to the geographical dis-
persion of the campuses;

(ii) one representative of the University of Guyana appointed
by the Vice-Chancellor of the University of Guyana;

(i) two representatives appointed by each of the Participating
Governments of Barbados, Guyana, Jamaica and Trinidad
and Tobago and one representative appointed by each of
the other Participating Governments:

(U) one representative of the teaching professicn appointed
by each National Committee from among its members.

2 . 4 ~ ) a member of the Council appointed under paragraph I (c)
and (d) of this Article shall subject to paragraph 3 of this
Aaicle hold office for a period of three years;

(b) any such member may at any time resign his office by notioz
in writing addressed to the appointing authority and his
resignation shall take dect upon the receipt of such notice by
the Chairman from the appointing authority;

(c) the appomting authority may make another appointment for
the unexpired term of offioz of the person who rzsigned.

(d)

3. A member of the Council referred to in paragraph 2 of this Article
may be removed from office by the appointing authority .ind another
person may be appointed for the unexpired term.

4. If any member of the Council is for the time being unable to act.
the appointing authority m a y appoint a person to act in his place during
such inability.

5 4 4 the. Council shall elect a Chairman from among ita members,
the Chairman for the first term being a Vicc-Chancellor:

(b) the Chairman shaU hold a c e for three years and s h l l be
eligible for re-election. If, however, he resigns his office
before the expiration of the term the chairman elected in his
place shall hold office for the unexpired tarn,

k) the Council shall elect one of its members to be Deputy
Chairman who shall hold office for such time not being
more than his unexpired term as the Council may determine.

6. The Chairman and members of the Council shall he paid such
remuneration and allowances as may h m time to time be determined
by the Council.

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CARIBBEAN EXAMINATIONS COUNCIL

Amm.6 ID

DUTIES
The Council shall-

(a) conduct such examinations as it may think appropnab and
award certificates and diplomas on the results of the examina-
tions SQ conducted:

(b) review and consider annually its examinations held in any
territory of the Area and remit m each Participating Govern-
ment-

(i) an anatysis of data on the performance of candidates
classiEed by subject and territory;

(ii) a digest of submissions from National Committees
along with sucb other information as may be con-
sidered necessary:

(iii) an annual report of the Council's activities;
(c) consider, having regard to standard, the advisability of inviting

and, if thought fit, invite any other examining Body to con-
duct examinations in the Area and award zertificates and
diplomas on the results of such examinations, advise any
Body SO invited on such adaptation of the examinations as
the Council may think necessary and gemrap, assist any
Body so invited in the conduct of such examinations in the
Area:

(a) appint a School Examinations Commitlee in acooFdance
with Article X

(e) appoint from among its membm an Admhstrative and
Finance Committee which shall include a representative fmm
each of the Participating Governments of Barbados, Guyana.
Jamaica and Trinidad and Tobago and four representatives
from the other partidpating Governments;

v) receive from any National Committee or other Committee
established under this Agreement repor$ and rrcommznda-
tions on any matters rekvant to the purposcs of the Council
and consider such reports and recommendations:

(9) on the invitation of any Government in the Cariabean con-
duct any examinations which the Council considm feasible.

ARncm IV
GENERAL W\NERS

The Council shall have power to:-
(a) appoint a Registrar, Pro-Registrar and such other persons as

may be necesSary for the performance of its duties:
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8 CARIBBEAN EXAMINATIONS COUNCIL

(b) delegate to the Registrar:-
(i) any of the duties specified in paragraphs (a), (c) and

(9) of Article ID as relate to the holding of examina-
tions; and

(U) the making of appointments of other persons mentioned
in paragraph (U) of t h i s Article;

(c) fix the salaries and determine the terms and conditions of
service including the provision of superannuation benefits of
the Registrar and persons referred to in paragraph (U) of this

(dj delegate to the School Examinations Committee such powers

(e) delegate to the Administrative and Finance Committee such

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

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

(h) co-opt any person to assist in the work of thc Council so,
however, that no such person shall be or be deemed to be
a member of the Cound,

(i) borrow such sums as it may consider necessary 01 expedient;
63 invest the funds of the Council in such manner and to such

extent as it may consider necessary or expedient giving
to investment in financial institutions in the Area

mtro fiori% ed by the people of the Area by Participating
Governments or in securities issued or guaranteed by such
Governments;

(k) authorize in writing any of its members to discharge any of
its functions:

(0 make rules generally for the p u r p o ~ ~ of this Agreement.
ARnQs v

LOOATION OF FACILITIES
1. The Council shall establish Administrative and Optrational

Centres in Barbados and Jamaica, and may establish such Centres in
Guyana, Trinidad and Tobago and elsewhere in the Area.

Article:

as may be necessary:

powers as may be U-:

2. For the purposes of administration and operations, the Area shall
be divided into two geographical zones-the Western Zone and the
Eastern Zone. The Westem Zone shall comprise the Territories of

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CARIBBEAN EXAMINATIONS COUNCIL

Bahamas, Belie, Cayman Ishds . Jamaica and Turks and Caicos
Islands. The Eastern Zope shall comprise the Territories of Antigua,
Barbados, British V i Islands. Dominica, Grenada, GUyaM. Mont-
serrat, St. Lucia, St. Kitts-Nevis-Anguilla, St. Vinceut and Trinidad
and Tobago.

Such of the Council’s operations as relate to the Western Zone shall
be directed from the Administrative and Operational Centre in Jamaica.
Such of the Council‘s operations as relate to the Eastern 7 9 shall be
dirEted from the Administrative and Operational Centre in Barbados.

3. The Administrative and Operational Centre locatd in Barbados
shaU be the AdministrcPtive Headquarters from which the general busi-
ness of the Council shall be directed.

4. The Registrar shall be based in the Administrative and Opera-
tional Centre in Barbados and the Pro-Registrar shall b b e d in the
Administrative and Operational Centre in Jamaica.

5 . The C4uncit may conclude with Participating Governments’ agree-
ments relating to the Iegal capacity, privileges and inimunities to be
raoogaized and granted to it in respect of its Administrative aad Opera-
tional Centres.

9

ARTICLE

PROCEDURAL ARRANGEMENTS

1. The Council shall ordinarily meet for the despatch of business at
such times and places as the Council may from time to time appoint
but at least one meeting shall be held in each year.

2. The Chairman may call a special meeting of the Council at such
time and place as he may appoint, and shall on the writtcn request of
six members of the Council calR a meeting to be held within twenty-one
days after the receipt of the request for the meeting.

3. Any such spccial meeting shall be convened at not less than four-
teen days’ notice.

4. At e v 9 meeting of the Council the Chairman, if present, shall
pnsidc: in lus absence the Deputy Chairman shall preaidc and in the
absence of both the Chairman and the Deputy Chsirmn, the memben
of the Council present shall elect one of their member to preside.

5. Decisions of the Council and of the School Examinations Com-
miltee and of the Administrative and Finana Commjttee shall be taken
on the majority vote of all the members present

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10 CARIBBEAN EXAMZNATIONS COUNClL

6. A quorum of the couacil or of the Scbcol Examinations Com-
mittee or of the Administrative and Finance Committee shall be con-
stituted by one-half of the respective total membership.

7. The member of the Council presiding at a meeting of the Council
shalt, in addition to an original vote. have a casting wte in any case
where the voting is equal.

ARnm W
FINANCIAL ARRANGEMENTS

1. The funds of the Coyncil shall indude : -
(U) all charges, dues aud fees received by the Council:
(6) such moneys as are provided for the Council by the Partici-

(c) all interest on moneys invested by the Council,
(d) all moneys accruing to the Council by way of endowment,

2. The funds of the Council shall be applied towards the accomplish-
ment of its purposes.

3. The expenditure of the Council shall be apportioned among the
F’articipating Governments on such basis as may be agreed upon by
them.

4. AU sums of mone received on account of the Council shaI8 be
paid into such bank or as may be cippror.ed by the Gnmcil.

pating Governments;

donation or otherwise.

S.+a) The council shall cause to be kept proper accounts of its
financial and other busmess transactions and shall cause to
be prepared not later than three months after the end of
each financial year : -

(i) a statement showing in detail the items of income
and expenditure of the council and the -1 of
such income and expenditure for tzle immediately
p n c e d i financial ycar:

(5) a statement of the assets and liabilities of the
Council as they stood at the end of the immediately
precediig financial ycar:

(6) Such statements shall be audited by an Auditor appointed by
the Council and as soan as may be thereafter a copy of each
such statement as audited shall be transmitlcd to each P m -
cipating Govcment.

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CARIBBEAN EXAMINATIONS COUNCIL

A R n a E Vm
LEGAL CAPACITY

I. The Council shall possess full judicial personality and in @-
cular fdfi capacity to'-

(a) ContracC
(b) acquire and dispose of immovable and movable property:
(c) institute legal proceadings.

2. The legal capaaty, pnvileges and immunltles to be recognlzed
and granted by Participalhg Governments in connmtion with the
Council shall be hid down in a Protocol to this Agreement.

ARTICLB

NATIONAL WhWlTTEES
1. A National Committet shall be established by each Participating

Government for and in its Territory.

2. A National Committee shall comprise representatives of a Minis!q
or Department of Education, the Teaching Rofession, the Universities
in the Area and the general community.

3. The Chairman of a National Committee shall be appointed by the
Participating Government fmn the members of that Nstiodl Com-
mittee.

4. A membtr of a National Committee shall hold office for such
number of years as may be specified in his letter of appointment end
shall be eligible for reappointment.

5 . It shall be the duty of every National Committee : -
(U) to exercise such powers as the Council may from !he to time

delegate to it: md
(b) to advise the Council on any matter on which advice may be

sought iocludmg the content of the syllsbuses. the appointment
of examiners and any other matter DormeEted with examinations
conducted by the Council.

6. A National Conmitts may make a report or recommendations to
the Council on any matter relevant to the provisions of this m e m e n t .

11

7. A National Committee may appoint from amon its members such
sub-committee as it thinks fit and shal! specify the %ties of such sub-
committee.

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12 CARIBBEAN EXAMINATIONS COUNCIL

8. A National Committee shall have the power to co,-opt any person
to assist it in its works. so. however, that no such person shall be or
be deemed to be a member of the Committee.

ARTICLE x
SCHOOL EXAMINATIONS COMMlTEE

1. The School Examinations Committee shall1 consist of:-
(U) the Chairman of the Council or his Deputy who shall be the

Chairman:
(b) four members who shall he representatives o€ the Universities

of the Area;
(c) one technical or administrative e c e r selected by each Parti-

cipating Government from i$ Ministry or Department of
Education:

(d) one member of the teaching profession nominated by each
National Committee.

2. The dutim of the School Examinations Committee shall include :-
(U ) preparations for the approval of Council ol regulations

(b) development of syllabuses through snbi.ommiUea or

(c) consideration of criticisms from schools:
(d) consideration of points raised by examhcrs m their reports

on examinations and by other means;
(e) appointment of members of various sub-wmmittees and

subject-panek;
(f) the I.aaking of recommendations relating to the appointment

of examiners;
(g) advising the Council on all matters relating to examinations:
(h) performing such duties as may be delegated to it by the

council.

3. The school Examinations Committee shmll have power to co-opt
any person to assist it in its work, so. however, that no such person
shall be deemcd to be a member of the Committee.

hnm XI
ADMINISTRATIVE AND FINANCE COMMlTTEE

1. The Administrative and Finance Committee may appoint a sub-
committee in each Territory of the Area and may delegcte to any such
sub-committee such powers as it thinks fit regarding administrative
and h c i a l matters affecting that Territory.

relating to the conduct of examinations;

subject-panels;

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CARIBBEAN EXAMINATIONS COUNCIL 13

2. Decisions of a sub-committee appointed under paragraph 1 of
this Article shall be taken by a majority of votes of thc members
present and voting and in so far as the procedure of the meetings of
any such sub-committee is not prescribed by the Councii,. the sub-
copl!@tteemay.regulate its own procedure.

. . .~ . . ..

ARTICLE w
SUPERANNUATION BENEFITS

The Council shall enter into arrangements wth Participating
Governments to secure the persewation of the superannuition benefits
of persons seconded to the service of the Council from the service of
any Participating Government

ARTICLB mn
AOCESSION

1. The Government of any Caribbean Territory may accede to this
Agreement on such terms and conditions as may be agreed between
the Participating Governments and the acceding Government.

2. Any such terms and conditions shall be embodied in a supple.
mentary Agreement

ARTICLE XIV

WITHDRAWAL
Any Participating Government may withdraw from this Agreement

b giving twenty-four months' notice in writing to the Chairman
oythe Council who shall within 30 days of the receipt of such notice
notify the other Participating Governments.

ARTICLE XV

AMmm
An amendment to the provisions of this Agreement shall be sub-

mitted to the C3ibman of the Council who shall wihin 30 days d
the receipt thereof transmit the proposed amendment to each Parti-
cipating Government Such amendment shall have effect upon the
acceptance thereof by all the Participating Governments within six
months of the date of the Chairman transmitting the proposed amend-
ment

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14 CARIBBEAN EXAMINATIONS COUNCIL.

h T l c l a

ENTRY INTO FORCE
1. This Agreement shall be l d g d with the Secrrtsry-GenuaI of

the Commonwealth Caribbean Regional Secretariat for nigmture and
shall be subjwt to ratification.

2. The Agreement shall come into force upon the deposit, not later
than 300th April. 1912, of instruments of ratification with the Secretary-
General by any two of the Participating Governments of Barbados,
Guyana, Jamaica and Trinidad and Tobago and by any four of the
other Participating Goyernmmts.

ARncm XVII

INAUGURAL MEETING
Aa BOW as thc Agreement mmes into force the SaCretaryGcnmak

Commonwealth Caribbean Regional, Seactariat, shall take the ncces-
s a y s tep to secure the nomination of the m c m h of the Council
referred to in Article I1 and to convene the Inaugural Meeting of tbc
CoUnciL

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