FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 32

FLAGS AND COAT OF ARMS (REGULATION)

FLAGS AND COAT OF ARMS REGULATIONS, 1991

(SECTION 7) [Commencement 1st November, 1991]

1. These Regulations may be cited as the Flags and Coat of Arms Regulations, 1991.

PART I NATIONAL FLAG

2. The National Flag may be flown on public holidays and on such other days as the Minister may by notice published in the Gazette declare for that purpose.

3. (1) The National Flag shall be flown only between the hours of sunrise and sunset:

Provided that the Minister may give permission for the National Flag to be flown otherwise than during the said hours.

(2) When flown at night the National Flag shall be properly illuminated.

4. (1) The National Flag shall be flown with due respect and in accordance with any instructions issued by the Minister and, subject to paragraph (3) of regulation 9, when flown with other flags, it shall be in a more prominent position than the other flags.

(2) The National Flag shall be kept clean and shall be maintained in a reasonable state of repair when flown.

(3) When the National Flag becomes worn, faded or otherwise unfit for use it shall be disposed of privately by burning.

5. Subject to these Regulations, the National Flag may be freely displayed in public except where —

S.I 89/1991

Citation.

Flying of Flag on public holidays.

Hours during which Flag shall be flown.

Respect for Flag.

Manner and place of display of Flag.

CH.32 – 4] FLAGS AND COAT OF ARMS (REGULATION)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(a) such display is in a manner which is likely to provoke a breach of the peace; or

(b) on a vehicle — (i) it is of such dimension or so placed as to

impede the navigation of the vehicle; or (ii) it is flown from the centre of the hood of a

vehicle by unauthorised persons. 6. (1) The National Flag may be flown — (a) on any Government building or office; (b) on any building or office owned or occupied by

a board, corporation or other body for which a Minister is assigned responsibility;

(c) on a motor-car, boat or ship in or by which a Minister is for the time being travelling; and

(d) at any school. (2) In subparagraph (d) of paragraph (1), “school”

has the meaning assigned to that expression by subsection (1) of section 2 of the Education Act.

7. The National Flag shall be flown — (a) at the stem on all Government-owned vessels

and Royal Bahamas Defence Force vessels, while in any port, while at anchor or when not under way; and

(b) on all lighthouses. 8. A representation of the National Flag may be

borne on Government-owned aircraft and motor vehicles.

9. (1) No flag of any foreign nation shall be flown in The Bahamas unless the National Flag is also flown.

(2) Paragraph (1) shall not apply to flags of any foreign nation flown at any embassy, consulate, mission or military establishment of that foreign nation.

(3) Where flags of a foreign nation are flown along with the National Flag, they shall be approximately the same size, and flown from separate staff at the same height, as the National Flag.

10. The National Flag shall be flown at half-mast as a sign of official mourning when and as advised by the Cabinet Office.

Government buildings, offices, etc.

Ch. 46.

Government- owned ships, etc.

Representation of Flag on Government- owned aircraft and motor vehicles. Foreign Flags.

Flags at half- mast.

FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART II COAT OF ARMS

11. (1) The Coat of Arms shall not be displayed without written permission from the Minister, except on Government buildings.

(2) The design or any part of the Coat of Arms shall not be used or reproduced without written permission from the Minister except for Government purposes.

12. (1) A representation of the Coat of Arms may be borne on Government-owned air-craft, motor vehicles and Government-owned vessels.

(2) A representation of the Coat of Arms may be worn by persons representing The Bahamas in any official or sporting function in The Bahamas or outside The Bahamas.

PART III OTHER FLAGS

13. (1) The flag described in Part I of the First Schedule is hereby deemed to be the flag of the Senate and is referred to, in these Regulations, as the “Senate Flag”.

(2) When the Senate is sitting, the Senate Flag shall be flown from the building where the Senate is sitting.

14. No person other than the President of the Senate shall use a miniature of the Senate Flag as a car flag.

15. (1) The flag described in Part II of the First Schedule is hereby deemed to be the flag of the House of Assembly and is referred to, in these Regulations, as the “House of Assembly Flag”.

(2) When the House of Assembly is sitting, the House of Assembly Flag shall be flown from the building where the House is sitting.

16. No person other than the Speaker of the House of Assembly shall use a miniature of the House of Assembly Flag as a car flag.

17. (1) The flag described in Part III of the First Schedule is hereby deemed to be a Minister’s Flag and is referred to, in these Regulations, as the “Minister’s Flag”.

Display of Coat of Arms.

Representation of Coat of Arms.

Senate Flag. Part I of First Schedule.

Senate Flag as car flag.

House of Assembly Flag. Part II of First Schedule.

House of Assembly Flag as car flag.

Minister’s Flag. Part III of First Schedule.

CH.32 – 6] FLAGS AND COAT OF ARMS (REGULATION)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) No person other than a Minister shall use the Minister’s Flag.

18. The flags described in Part IV of the First Schedule are hereby deemed to be the flags for use by the Royal Bahamas Defence Force.

19. The flag described in Part V of the First Schedule is hereby deemed to be the flag for use by the Bahamas Prison Service.

20. The flags described in Part VI of the First Schedule are hereby deemed to be the flags for use by unarmed Government-owned vessels and merchant ships commanded by an officer on the active, retired or emergency list of a British Commonwealth Naval Reserve, who is not below the rank of Lieutenant-Commander and who holds a warrant issued by the Minister.

21. The flag described in Part VII of the First Schedule is hereby deemed to be the flag for use on private vessels owned by Bahamians and on merchant ships having Bahamian registry.

22. The stem jack described in Part VIII of the First Schedule is hereby deemed to be the stem jack for use on private vessels owned by Bahamians and on merchant ships having Bahamian registry, which may be flown when in any port, while at anchor or when not under way.

PART IV MISCELLANEOUS

23. (1) Any person making application to the Minister for permission to use the National Flag or the Coat of Arms or a similar flag or device in any connection mentioned in subsection (1) of section 4 of the Act shall supply the information relating to the applicant and the proposed use in accordance with the form of application set out in Part I of the Second Schedule.

Royal Bahamas Defence Force flags. Part IV of First Schedule.

Bahamas Prison Service Flag. Part V of First Schedule. Flags flown on certain Government vessels and merchant ships. Part VI of First Schedule.

Part VII of First Schedule.

Flag for use on private vessels owned by Bahamians and merchant ships having Bahamian registry.

Stem jack for use in port on private vessels owned by Bahamians and merchant ships having Bahamian registry. Part VIII of First Schedule.

Licence.

Part I of Second Schedule.

FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 7

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The Minister shall, after the making of an application, notify the applicant whether or not his application is approved and, if approved, the Minister may upon payment by the applicant of a fee of twenty dollars grant a licence to the applicant.

(3) The licence shall be in the form set out in Part II of the Second Schedule and shall be subject to such conditions as the Minister thinks fit.

(4) The Minister may withdraw the licence if the licensee contravenes any of the conditions of the licence, or if the Minister deems it expedient in the public interest so to do, and after the licensee has had an opportunity to explain any complaint against him before the Minister.

24. Any person who contravenes any provision of these Regulations for which no specific penalty is provided is guilty of an offence and liable on summary conviction therefor to a fine of two hundred and fifty dollars or to a term of imprisonment of three months or to both such fine and imprisonment.

FIRST SCHEDULE PART I (Regulation 13)

Senate Flag The Coat of Arms of The Bahamas in the centre of a red background.

PART II (Regulation 15) House of Assembly Flag

The Coat of Arms of The Bahamas in the centre of a green background.

PART III (Regulation 17) Ministers’ Flag

The National Flag of the Commonwealth of The Bahamas to the dexter on a roundel argent a representation of the Arms of the Commonwealth of The Bahamas proper.

Part II of Second Schedule.

Penalties.

CH.32 – 8] FLAGS AND COAT OF ARMS (REGULATION)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART IV (Regulation 18) The Royal Bahamas Defence Force Flags

Senior Officers Pennant Vert a Pale Argent

White Ensign Argent a Cross throughout Gules in the first quarter Azure a

Fess or overall a Pile issuing from the dexter Sable Commissioning Pennant

A Pennant in the hoist Argent a Cross Vert the fly also Argent Commodores Pennant

A forked Pennant Argent throughout a Cross Vert and in the first quarter a Roundel also Vert The Jack

Azure a Fess or Overall a Pile issuing from the dexter Sable PART V (Regulation 19)

The Bahamas Prison Service Flag A wreath surrounding two crossed keys and the words “Bahamas Prison Service” in gold letters in the centre of a green background

PART VI (Regulation 20) Unarmed Government-owned Vessels and Merchant Ships Flags

Flown by Warrant An upright and horizontal band of dark blue crossing at the centre on a white background with a representation of the National Flag of the Commonwealth of The Bahamas in the top left hand corner against the mast Gules a Cross Argent throughout in the first quarter a representa- tion of the National Flag of the Commonwealth of The Bahamas proper

PART VII (Regulation 21) Flag for use on Private Vessels Owned by Bahamians and Merchant

Ships having Bahamian Registry An upright and horizontal band of white crossing at the centre on a red background with a representation of the National Flag of the Commonwealth of The Bahamas in the top left hand corner against the mast

FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 9

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

Gules a Cross Argent throughout in the first quarter a representa- tion of the National Flag of the Commonwealth of The Bahamas proper

PART VIII (Regulation 22) Stem Jack for use on Private Vessels Owned by Bahamians and

Merchant Ships having Bahamian Registry, which may be Flown while in any Port, while at Anchor or when not Underway

A swallow tailed flag consisting of an upright and horizontal band of white crossing at the centre on a red background with a representation of the National Flag of the Commonwealth of The Bahamas in the top left hand corner against the mast Gules a Cross Argent throughout in the first quarter a representa- tion of the National Flag of the Commonwealth of The Bahamas proper

SECOND SCHEDULE PART I (Regulation 23(1))

THE FLAGS AND COAT OF ARMS (REGULATION) ACT Application for Permission to use the National Flag or Coat of Arms or a Similar Flag or Device 1 To the Minister responsible for Flags and Coat of Arms NAME OF APPLICANT: .................................................................. ........................................................................................................... ADDRESS OF APPLICANT: .......................................................... ........................................................................................................... P.O. Box No.:.......................TELEPHONE No: ................................ 1. I, the abovenamed Applicant, hereby apply for the permission

of the Minister to– (1) apply to the goods/articles/things which are described in paragraph

2 below and which have been made/produced/distributed/sold by me, the design illustrated in paragraph 3 below;

(2) import into The Bahamas the goods/articles/things which are described in paragraph 2 below and to which there has been applied the design illustrated in paragraph 3 below;

1 Strike out from the Application those particulars which do not apply

CH.32 – 10] FLAGS AND COAT OF ARMS (REGULATION)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) use or permit to be used in the manner specified in paragraph 4 below and in connection with a business/ trade/calling/profession, the design illustrated in paragraph 3 below.

2. Detailed description of goods/articles/things to which the application relates:........................................................................

....................................................................................................... ....................................................................................................... 3. Illustration of the National Flag/Coat of Arms/part of the design

of the National Flag/part of the design of the Coat of Arms/other flag/device, to which the application relates:

4. Manner in which it is proposed to use the design illustrated in paragraph 3 above in connection with a business/trade/calling/ profession:.......................................................,.............................

....................................................................................................... 5. Date on which permission is required: .........................................

Signature...................................................... Date..............................................................

PART II (Regulation 23(3))

THE FLAGS AND COAT OF ARMS (REGULATION) ACT

Licence Granted Pursuant to Section 7(d) of the Act 2 LICENCE No.: LICENCE is hereby granted to........................................................... of............................... to apply to the following goods/articles/ things, or to import into The Bahamas the following goods/ articles/things to which there has been applied, or to use or permit to be used in connection with a business/trade/calling/profession, the National Flag/the Coat of Arms/a part of the design of the National Flag/a part of the design of the Coat of Arms/any other flag/device Detailed description of goods/articles/things ..................................... ............................................................................................................ Detailed description of business/trade/calling/profession.................. ...........................................................................................................

Subject to the conditions specified hereunder, this Licence— (a) shall not be transferred or assigned;

2 Strike out from the Licence those particulars which do not apply

FLAGS AND COAT OF ARMS (REGULATION) [CH.32 – 11

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) authorises the application of the National Flag/Coat of Arms/ part of the design of the National Flag/part of the design of the Coat of Arms/other flag/device only to the goods/articles/ things described in it;

(c) authorises the importation into The Bahamas of the goods/articles/things described in it subject to compliance by the licensee with the requirements of any written law;

(d) authorises the use of the National Flag/Coat of Arms/part of the design of the National Flag/part of the design of the coat of Arms/other flag/device in connection with a business/trade/ calling/profession and only in the following manner: ................

.....................................................................................................

..................................................................................................... (e) expires on 31st December next following the date of issue. (Insert any other conditions that may be imposed)