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Caribbean Examinations Council MONTSERRAT
CHAPTER 16.04
CARIBBEAN EXAMINATIONS COUNCIL ACT and Related Legislation
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
CARIBBEAN EXAMINATIONS COUNCIL ACT 3 Act 12 of 1978 .. in force 17 October 1978
CARIBBEAN EXAMINATIONS COUNCIL (EXAMINATIONS) ACT 15
Act 3 of 1989 .. in force 10 July 1989
MONTSERRAT
CHAPTER 16.04
CARIBBEAN EXAMINATIONS COUNCIL ACT and Related Legislation
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
CARIBBEAN EXAMINATIONS COUNCIL ACT 3 Act 12 of 1978 .. in force 17 October 1978
CARIBBEAN EXAMINATIONS COUNCIL (EXAMINATIONS) ACT 15
Act 3 of 1989 .. in force 10 July 1989
Caribbean Examinations Council CAP. 16.04 3 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
CHAPTER 16.04
CARIBBEAN EXAMINATIONS COUNCIL ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title 2. Interpretation 3. Agreement to have force of law 4. Financial provisions for giving effect to the Agreement 5. Certificate of Governor to be conclusive 6. Restriction on use of name 7. Regulations
SCHEDULE ___________
CHAPTER 16.04
CARIBBEAN EXAMINATIONS COUNCIL ACT
(Act 12 of 1978)
AN ACT TO PROVIDE FOR THE IMPLEMENTATION BY MONTSERRAT OF THE AGREEMENT ESTABLISHING THE CARIBBEAN EXAMINATIONS COUNCIL AND FOR PURPOSES CONNECTED THEREWITH OR INCIDENTAL THERETO.
Commencement
[17 October 1978]
Short title
1. This Act may be cited as the Caribbean Examinations Council Act.
Interpretation
2. (1) In this Act—
“Agreement” means the Agreement for the establishment of the Caribbean Examinations Council as set out in the Schedule to this Act;
“Council” means the Caribbean Examinations Council established by the Agreement;
4 CAP. 16.04 Caribbean Examinations Council Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
“Governor” means Governor in Council.
(2) The reference in Article VIII of the Agreement to the effect that the Council shall possess full juridical personality shall be construed as meaning that the Council is a body corporate.
Agreement to have force of law
3. Subject to this Act, the provisions of Article VIII of the Agreement shall have the force of law in Montserrat.
Financial provisions for giving effect to the Agreement
4. (1) There shall be paid out of the Consolidated Fund of Montserrat, on the Warrant of the Minister of Finance, all payments required to be made from time to time to the Council in respect of Montserrat under the provisions of the Agreement.
(2) Any sums received by the Government of Montserrat from the Council, on account of Montserrat’s subscription or contribution to the assets or capital stock of the Council shall be paid into the Consolidated Fund of Montserrat.
Certificate of Governor to be conclusive
5. If in any proceedings a question arises as to the entitlement of the Councillor any of its officers to any immunities or privileges under this Act, or under the authority, of a certificate issued by the Governor to the effect that the Council or any of the officers as the case may be, is or is not so entitled shall be conclusive evidence of the fact.
Restriction on use of name
6. (1) Except with the written consent of the Governor, no person other than the Council shall use the name of the Caribbean Examinations Council or any name so nearly resembling the same, as is in the discretion of the Governor is likely to deceive in connection with any trade or business.
(2) Every person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding $6,000 or to imprisonment for any term not exceeding twelve months or to both such fine and imprisonment.
Regulations
7. The Governor may make Regulations which he deems necessary for giving effect to the provisions of this Act.
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Caribbean Examinations Council CAP. 16.04 5 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
SCHEDULE
AGREEMENT ESTABLISHING THE CARIBBEAN EXAMINATIONS COUNCIL
THE PARTICIPATING GOVERNMENTS:
RECOGNISING the decision of the Second Conference of Heads of Government of Commonwealth Caribbean Countries held in Jamaica in January 1964, that the setting up of a Caribbean Examinations Council was a fit and proper subject for regional co-operation;
CONSCIOUS of the need for the institution of a new system of examinations for the Area under the aegis of the Conference;
HAVE AGREED as follows:
ARTICLE I
INTERPRETATION
In this Agreement, unless the context otherwise requires—
“Area” means the following Territories the Governments of which are Participating Governments—
(a) Antigua Guyana
Bahamas Jamaica
Barbados Montserrat
Belize St. Kitts, Anguilla
British Virgin Islands St. Lucia
Cayman Islands St. Vincent
Dominica Trinidad and Tobago
Grenada Turks and Caicos Islands; and
(b) any other Territory in the Caribbean; and
“Article” means an Article of this Agreement;
“Council” means the Caribbean Examinations Council established by Article II;
“National Committee” means a Committee established under Article IX;
“Participating Governments” means the Governments which are from time to time parties to this Agreement;
“School Examinations Committee” means the School Examinations Committee appointed by the Council in accordance with Articles IV and X.
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ARTICLE II
ESTABLISHMENT AND CONSTITUTION
1. The Council is hereby established and shall consist of the following members—
(a) The Vice-Chancellor of the University of the West Indies;
(b) The Vice-Chancellor of the University of Guyana;
(c) (i) Three representatives of the University of the West Indies appointed by the Vice-Chancellor of the University of the West Indies regard being given to the geographical dispersion of the campuses;
(ii) One representative of the University of Guyana appointed by the Vice-Chancellor of the University of Guyana;
(d) (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;
(ii) One representative of the teaching profession appointed by each National Committee from among its members.
2. (a) A member of the Council appointed under paragraph 1(c) and (d) of this Article shall subject to paragraph 3 of this Article hold office for a period of three years.
(b) Any such member may at any time resign his office by notice in writing addressed to the appointing authority and his resignation shall take effect upon the receipt of such notice by the Chairman from the appointing authority.
(c) The appointing authority may make another appointment for the unexpired term of office of the person who resigned.
3. A member of the Council referred to in paragraph 2 of this Article may be removed from office by the appointing authority and 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 may appoint a person to act in his place during such inability.
5. (a) The Council shall elect a Chairman from among its members, the Chairman for the first term being a Vice-Chancellor.
(b) The Chairman shall hold office for three years and shall be eligible for re-election. If, however, he resigns his office before the expiration of his term, the Chairman elected in his place shall hold office for the unexpired term.
Caribbean Examinations Council CAP. 16.04 7 Revision Date: 1 Jan 2002
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(c) 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 be paid such remuneration and allowances as may from time to time be determined by the Council.
ARTICLE III
HEADQUARTERS
1. The Council shall have its administrative Headquarters in Barbados.
2. The Council shall establish other administrative and operational centres in Guyana, Jamaica and Trinidad and Tobago and may, if it considers it desirable, establish such centres elsewhere in the Area.
3. The Council may conclude with Participating Governments agreements relating to the legal capacity, privileges and immunities to be recognised and granted to it in respect of its Headquarters and other administrative and operational centres.
ARTICLE IV
DUTIES
The Council shall—
(a) conduct such examinations as it may think appropriate and award certificates and diplomas on the results of examinations so conducted;
(b) review and consider annually its examinations held in any territory of the Area and remit to each Participating Government—
(i) an analysis of data on the performance of candidates classified by subject and territory;
(ii) a digest of submission from National Committees along with such other information as may be considered necessary;
(iii) an annual report of the Council’s activities;
(c) consider, having regard to standards, the advisability of inviting and, if thought fit, invite any other examining Body to conduct examinations in the Area and award certificates 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
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LAWS OF MONTSERRAT
and generally assist any Body so invited in the conduct of such examinations in the Area;
(d) appoint a School Examinations Committee in accordance with Article X;
(e) appoint from among its members as Administrative and Finance Committee which shall include a representative from each of the Participating Governments of Barbados, Guyana, Jamaica and Trinidad and Tobago and four representatives from the other Participating Governments;
(f) receive from any National Committee or other committee established under this Agreement reports and recommendations on any matters relevant to the purposes of the Council and consider such reports and recommendations;
(g) on the invitation of any Government in the Caribbean conduct any examinations which the Council considers feasible.
ARTICLE V
GENERAL POWERS
The Council shall have power to—
(a) appoint a Registrar and such other persons as may be necessary for the performance of its duties;
(b) delegate to the Registrar—
(i) any of the duties specified in paragraphs (a), (c) and (g) of Article IV as relate to the holding of examinations; and
(ii) the making of appointments of other persons mentioned in paragraph (a) of this 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 (a) of this Article;
(d) delegate to the School Examinations Committee such powers as may be necessary;
(e) delegate to the Administrative and Finance Committee such powers as may be necessary;
(f) appoint such other Committees as the Council may consider necessary for the performance of its duties;
Caribbean Examinations Council CAP. 16.04 9 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
(g) regulate the conduct of any examinations conducted under the provisions of paragraph (a), (c) and (g) of Article IV and prescribe the qualification requirements of candidates and the fees payable by them;
(h) co-opt any person to assist in the work of the Council so, however, that no such person shall be or be deemed to be a member of the Council;
(i) borrow such sums as it may consider necessary or expedient;
(j) invest the funds of the Council in such manner and to such extent as it may consider necessary or expedient giving priority to investment in financial institutions in the Area controlled by the people of the Area or by Participating Governments or in securities issued or guaranteed by such Governments;
(k) authorise in writing any of its members to discharge any of its functions;
(l) make rules generally for the purposes of this Agreement.
ARTICLE VI
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 written request of six members of the Council call a meeting to be held within twenty-one days after the receipt of the request for the meeting.
3. Any such special meeting shall be convened at not less than fourteen days notice.
4. At every meeting of the Council the Chairman, if present, shall preside; in his absence the Deputy Chairman shall preside; and in the absence of both the Chairman and the Deputy Chairman, the members of the Council present shall elect one of their number to preside.
5. Decisions of the Council and of the School Examinations Committee and of the Administrative and Finance Committee shall be taken on the majority vote of all the members present.
6. A quorum of the Council or of the School Examinations Committee or of the Administrative and Finance Committee shall be constituted by one half of the respective total membership.
10 CAP. 16.04 Caribbean Examinations Council Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
7. The member of the Council presiding at a meeting of the Council shall, in addition to an original vote, have a casting vote in any case where the voting is equal.
ARTICLE VII
FINANCIAL ARRANGEMENTS
1. The funds of the Council shall include—
(a) all charges, dues and fees received by the Council;
(b) such monies as are provided for the Council by the Participating Governments;
(c) all interest on monies invested by the Council;
(d) all monies accruing to the Council by way of endowment, donation or otherwise.
2. The funds of the Council shall be applied towards the accomplishment of its purposes.
3. The expenditure of the Council shall be apportioned among the Participating Governments on such basis as may be agreed upon by them.
4. All sums of money received on account of the Council shall be paid into such bank or banks as may be approved by the Council.
5. (a) The Council shall cause to be kept proper accounts of its financial and other business 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 total of such income and expenditure for the immediately preceding financial year;
(ii) a statement of the assets and liabilities of the Council as they stood at the end of the immediately preceding financial year;
(b) Such statements shall be audited by an Auditor appointed by the Council and as soon as may be thereafter a copy of each such statement as audited shall be transmitted to each Participating Government.
Caribbean Examinations Council CAP. 16.04 11 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
ARTICLE VIII
LEGAL CAPACITY
1. The Council shall possess full juridical personality and in particular full capacity to—
(a) contract;
(b) acquire and dispose of immovable and movable property;
(c) institute legal proceedings.
2. The legal capacity, privileges and immunities to be recognised and granted by Participating Governments in connection with the Council shall be laid down in a Protocol to this Agreement.
ARTICLE IX
NATIONAL COMMITTEES
1. A National Committee shall be established by each Participating Government for and in its Territory.
2. A National Committee shall comprise representatives of a Ministry or Department of Education, the Teaching Profession, the Universities in the Area and the general community.
3. The Chairman of a National Committee shall be appointed by the Participating Government from among the members of that National Committee.
4. A member of a National Committee shall hold office for such number of years as may be specified in his letter of appointment and shall be eligible for reappointment.
5. It shall be the duty of every National Committee—
(a) to exercise such powers as the Council may from time to time delegate to it; and
(b) to advise the Council on any matter on which advice may be sought including the content of the syllabuses, the appointment of examiners and any other matter connected with examinations conducted by the Council.
6. A National Committee may make a report or recommendations to the Council on any matter relevant to the provisions of this Agreement.
7. A National Committee may appoint from among its members such sub- committee as it thinks fit and shall specify the duties of such sub-committee.
12 CAP. 16.04 Caribbean Examinations Council Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
8. A National Committee shall have the power to co-opt any person to assist it in its work, so, however, that no such person shall be or be deemed to be a member of the Committee.
ARTICLE X
SCHOOL EXAMINATIONS COMMITTEE
1. The School Examinations Committee shall consist of—
(a) the Chairman of the Council or his Deputy who shall be the Chairman;
(b) four members who shall be representatives of the Universities of the Area;
(c) one technical or administrative officer selected by each Participating Government from its Ministry or Department of Education;
(d) one member of the teaching profession nominated by each National Committee.
2. The duties of the School Examinations Committee shall include—
(a) preparation for the approval of Council of regulations relating to the conduct of examinations;
(b) development of syllabuses through sub-committees or subject-panels;
(c) consideration of criticisms from schools;
(d) consideration of points raised by examiners in their reports on examinations and by other means;
(e) appointment of members of various sub-committees and subject- panels;
(f) the making 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.
The School Examinations Committee shall have power to co-opt any person to assist it in its work, so, however, that no such person shall be deemed to be a member of the Committee.
Caribbean Examinations Council CAP. 16.04 13 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
ARTICLE XI
ADMINISTRATIVE AND FINANCE COMMITTEE
1. The Administrative and Finance Committee may appoint a sub-committee in each Territory of the Area and may delegate to any such sub-committee such powers as it thinks fit regarding administrative and financial matters affecting that Territory.
2. Decisions of a sub-committee appointed under paragraph 1 of this Article shall be taken by a majority of votes of the members present and voting and so far as the procedure of the meetings of any such sub-committee is not prescribed by the Council, the sub-committee may regulate its own procedure.
ARTICLE XII
SUPERANNUATION BENEFITS
The Council shall enter into arrangements with Participating Governments to secure the preservation of the superannuation benefit of persons seconded to the service of the Council from the service of any Participating Government.
ARTICLE XIII
ACCESSION
1. The Government of any Caribbean Territory may accede to this Agreement 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 supplementary Agreement.
ARTICLE XIV
WITHDRAWAL
Any Participating Government may withdraw from this Agreement by giving twenty-four months notice in writing to the Chairman of the Council who shall within 30 days of the receipt of such notice notify the other Participating Governments.
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ARTICLE XV
AMENDMENT
An amendment to the provisions of this Agreement shall be submitted to the Chairman of the Council who shall within 30 days of the receipt thereof transmit the proposed amendment to each Participating 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 amendment.
ARTICLE XVI
ENTRY INTO FORCE
1. This Agreement shall be lodged with the Secretary-General of the Commonwealth Caribbean Regional Secretariat for signature and shall be subject to ratification.
2. The Agreement shall come into force upon the deposit, not later than 30th April, 1972, 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 Governments.
ARTICLE XVII
INAUGURAL MEETING
As soon as the Agreement comes into force the Secretary-General, Commonwealth Caribbean Regional Secretariat, shall take the necessary steps to secure the nomination of the members of the Council referred to in Article II and to convene the Inaugural Meeting of the Council.
In witness whereof the representatives of the Participating Governments being duly authorised in that behalf have executed this Agreement.
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Caribbean Examinations Council CAP. 16.04 15 Revision Date: 1 Jan 2002 [Related Legislation]
LAWS OF MONTSERRAT
CHAPTER 16.04
CARIBBEAN EXAMINATIONS COUNCIL (EXAMINATIONS) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title 2. Interpretation 3. Prohibited use of certain papers 4. Return of papers to Council or Police 5. Disclosures by personnel of Council 6. Entering examination after acquiring prior knowledge of questions 7. Impersonation 8. Forgery of certificate 9. Restriction on prosecutions
10. Offences and Penalties __________
CHAPTER 16.04
CARIBBEAN EXAMINATIONS COUNCIL (EXAMINATIONS) ACT
(Act 3 of 1989)
AN ACT TO PROVIDE THE PROTECTION OF THE INTEGRITY OF EXAMINATIONS HELD BY THE CARIBBEAN EXAMINATIONS COUNCIL AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Commencement
[ 10 July 1989]
Short title
1. This Act may be cited as the Caribbean Examinations Council (Examinations) Act.
16 CAP. 16.04 Caribbean Examinations Council [Related Legislation] Revision Date: 1 Jan 2002
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Interpretation
2. In this Act—
“Agreement” means the Agreement establishing the Caribbean Examinations Council signed at St. Lucia on the 21st April, 1972;
“Council” means the Caribbean Examination Council;
“Registrar” means the officer selected under paragraph 1(c) of Article X of the Agreement.
Prohibited use of certain papers
3. No person who in possession of a paper containing questions or instructions to candidates in connection with an examination to be held by the Council shall—
(a) permit that paper to be seen by;
(b) give or permit that paper to be given to;
(c) disclose the contents of that paper to; or
(d) permit that paper or its contents to be used by,
any unauthorised person, or make any improper use of such paper or its contents.
Return of papers to Council or Police
4. No unauthorised person shall have in his possession or custody any paper containing questions or instructions to candidates in connection with an examination to be held by the Council and where such a paper comes into the possession of such a person, he shall thereupon return that paper to the Registrar of the Council or the nearest Police Station, or make such an effort to effect the return thereof to the Council.
Disclosures by personnel of Council
5. No person who is employed as an examiner, supervisor or invigilator shall in connection with an examination, knowingly or recklessly disclose to any unauthorised person the contents of such examination paper, draft examination paper or paper containing instructions.
Entering examination after acquiring prior knowledge of questions
6. No person shall, if he has acquired prior knowledge of the questions set in connection with an examination held by the Council, present himself as a candidate at such examination.
Caribbean Examinations Council CAP. 16.04 17 Revision Date: 1 Jan 2002 [Related Legislation]
LAWS OF MONTSERRAT
Impersonation
7. No person shall falsely represent himself to be another person at any examination held by the Council.
Forgery of certificate
8. No person shall forge or alter, or offer, dispose of or put off, knowing the same to be forged or altered, any certificate purporting to show that a person has passed any examination held by the Council.
Restriction on prosecutions
9. A prosecution for an offence under section 6 may not be instituted except with the consent of the Attorney General.
Offences and Penalties
10. Any person who contravenes or fails to comply with any of the provisions of this Act is guilty of an offence and is liable on summary conviction to a fine not exceeding $10,000 and to imprisonment for a term not exceeding twelve months or to such fine and imprisonment.
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Printed by the Law Revision Unit of the Government of Montserrat Authorised Printers for this revised edition