Local Government Act


Published: 1996-06-25

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Local Government Act
LOCAL GOVERNMENT [CH.37 – 1





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

LOCAL GOVERNMENT
CHAPTER 37

LOCAL GOVERNMENT

LIST OF AUTHORISED PAGES

1 – 2 LRO 1/2010
3 – 4 LRO 1/2006
5 – 6 LRO 1/2010
7 – 16 Original
17 – 20 LRO 1/2010
21 – 34 Original
35 – 39 LRO 1/2010



ARRANGEMENT OF SECTIONS

SECTION
1. Short title.

PART I
PRELIMINARY


2. Interpretation.

PART II
LOCAL GOVERNMENT DISTRICTS


3. Local government districts.
4. Boundaries of districts.

PART III
TOWN AREAS AND TOWN COMMITTEES


5. Town areas.
6. Town committees.
7. Oath of office.
8. Chairman and Deputy Chairman of a town committee.
9. Functions of committee.


PART IV
DISTRICT COUNCILS


10. District Councils.
11. Chief Councillor and Deputy Chief Councillor of a Council.
12. Term of office.
13. Vacancy in the office of Chief Councillor or Deputy Chief Councillor.

CH.37 – 2] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

14. Functions of District Councils.
15. Boards.
16. Right of appeal to Minister.

PART V
REGISTRATION OF VOTERS, AND ELECTIONS


17. Registration of voters, and conduct of elections.
18. Election of committee members.
19. Vacancies.
20. Vacancy not to invalidate proceedings.
21. Eligibility for election as committee members.
22. Persons not qualified to stand for committee.


PART VI
COMMITTEE MEMBERS AND COUNCILLORS


23. Term of office of committee members.
24. Remuneration of committee members.
25. Resignation of committee members.
26. Absence without leave.
27. Dissolution of committee.
28. Election to follow dissolution of committee.


PART VII
PROCEDURE AND MEETINGS


29. Competition.
30. Works contracts.
31. Agency arrangements.
32. Arrangements for the supply of goods and services or interchange of staff.
33. Committee procedure.
34. Admission of public to meetings.
35. Town area meeting.
36. Committee meetings.


PART VIII
FAMILY ISLAND ADMINISTRATORS, OFFICERS AND

EMPLOYEES

37. Appointment of Family Island Administrators.
38. Functions of Administrator, Deputy Administrator and Assistant

Administrator.
39. Appointment of town committee employees.
40. Functions of Secretary.

LOCAL GOVERNMENT [CH.37 – 3



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LRO 1/2006 STATUTE LAW OF THE BAHAMAS


41. Committees and Councils to be approved authorities.


PART IX
FINANCIAL PROVISIONS


42. Funds and resources of committees, and of certain Councils.
43. Funds and resources of Councils.
44. Annual budget.
45. Method of supply and withdrawal of funds.
46. Minister may order production of books of account.
47. Appointment of local government auditors.
48. Additional auditing responsibilities.
49. Regulations by Minister of Finance.
50. Appropriation of monies required to hold elections.
51. Application of Part IX to committees.


PART X
MISCELLANEOUS


52. Provisions governing establishment of new district.
53. Ex officio justices of the peace.
54. Power of Minister to make regulations.

FIRST SCHEDULE — Local Government Districts.
SECOND SCHEDULE — Local Government Districts.
THIRD SCHEDULE — Local Government Districts.
FOURTH SCHEDULE — Form Of Oath of Office.





LOCAL GOVERNMENT [CH.37 – 5





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 37

LOCAL GOVERNMENT
An Act to make provision for local government in the

Commonwealth of The Bahamas.
[Assent 5th March, 1996]

[Commencement 25th June, 1996]
1. This Act may be cited as the Local Government

Act.

PART I
PRELIMINARY

2. In this Act, unless the context otherwise requires —
“Assistant Administrator” means a person appointed

under section 37 as an Assistant Family Island
Administrator;

“board” means a board appointed by a Council
pursuant to the provisions of section 14(1)(a) or
(3)(a)(i), as the case may be;

“Chairman” means the person elected, under subsec-
tion (2) of section 8, as chairman of a town
committee;

“Chief Councillor” means the person elected, under
subsection (1) of section 11, as Chief Councillor
of a Council;

“committee member” means a member elected to a town
committee under the provisions of this Act;

“constituency” has the meaning assigned thereto in
Article 68 of the Constitution;

“Council” or “District Council” means a District
Council established under the provisions of this
Act;


2 This Act related only to a 2008 election and has expired.

5 of 1996
S.I. 46/1999
S.I. 47/1999
S.I. 71/2002
S.I. 43/2005
5 of 2008
20 of 20082
S.I. 56/2008

Short title.

Interpretation.

CH.37 – 6] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

“Councillor” means a member elected to a Council
under the provisions of this Act;

“Deputy Administrator” means a person appointed
under section 37 as a Deputy Family Island
Administrator;

“district” or “local government district” means an
area with set boundaries as designated in the
First Schedule;

“election” means the election, in accordance with the
provisions of this Act, of a committee member
or of a Councillor, as the case may be;

“Family Island Administrator” or “Administrator”
means a person appointed under section 37 as a
Family Island Administrator;

“Minister” means the Minister responsible for Family
Island Affairs;

“Parliamentary Commissioner” means the Parliamentary
Commissioner or the Deputy Parliamentary
Commissioner, appointed under section 12 of the
Parliamentary Elections Act, and includes any
person who is duly authorised in accordance with
the provisions of that section to act on his behalf;

“polling division” has the meaning assigned thereto
by section 2 of the Parliamentary Elections Act;

“population of a district”, “population” in relation to
a district or “population of a polling division”
means the total number of persons registered to
vote in the district or in the polling division, as
the case may be, in accordance with the
provisions of this Act;

“Register” means the register (or any part thereof) of
persons entitled to vote at an election of a
Member of Parliament, being the register which
is prepared and kept under the provisions of the
Parliamentary Elections Act;

“Secretary”, in relation to a Council or a town
Committee, means the person occupying the post
of secretary of the Council or the town committee,
as the case may be, in accordance with the
provisions of this Act;

First Schedule.





Ch. 7.


Ch 7.

Ch. 7.

LOCAL GOVERNMENT [CH.37 – 7



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

“Senior Deputy Administrator” means a person
appointed under section 37 as a Senior Deputy
Family Island Administrator;

“town area” has the meaning assigned to that
expression in section 5(1);

“town committee” or “committee” means a town
committee established under the provisions of
this Act.

PART II
LOCAL GOVERNMENT DISTRICTS

3. For the purposes of this Act, The Bahamas shall
be divided into such number of districts as the Minister
deems fit.

4. (1) The names and the boundaries of the local
government districts are those respectively set out in the
First Schedule.

(2) The Minister may by Order —
(a) alter the boundaries of any local government

district;
(b) declare any portion of The Bahamas (including

New Providence or any part thereof) to be a local
government district; and

(c) declare that any local government district shall
cease to be a local government district,

and the Minister shall, in the Order, amend the First
Schedule accordingly.

(3) In every Order under subsection (2)(b), the district
shall be described by a name and its boundaries shall be
defined.

PART III
TOWN AREAS AND TOWN COMMITTEES
5. (1) For the purposes of this Act, the Minister

may by Order divide any district specified in the Second
Schedule into such areas (in this Act referred to as “town
areas”) as may be specified in the Order.

Local govern-
ment districts.

Boundaries of
districts.
First Schedule.

Town areas.
Second Schedule.

CH.37 – 8] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The districts specified in the Third Schedule shall
not be divided into town areas.

6. (1) Every town area shall have a town committee.
(2) The town committee shall be a body corporate

with perpetual succession and a common seal, capable of
entering into contracts, of suing and being sued, of
acquiring, holding, leasing and disposing of property of
any description and of doing all such things and entering
into such transactions as are incidental or conducive to the
exercise and performance of its functions under this Act:

Provided that, except with the approval of the
Minister, a town committee shall not act in pursuance of
the powers conferred by this subsection, in respect of the
disposal of real property.

(3) The population of a polling division, or of more
than one polling division, of a town area shall elect, to the
town committee for the town area, such number of
committee members as the Minister may specify by Order.

7. Committee members elected in accordance with
the provisions of this Act shall take and subscribe the oath of
office in the form stipulated in the Fourth Schedule before
any Administrator, Senior Deputy Administrator, Deputy
Administrator or Assistant Administrator.

8. (1) The first sitting of each town committee shall
be held not later than seven days from the first day of the
month immediately following the election of the committee
members.

(2) Each town committee shall in its first sitting
after having taken the oath of office proceed with the
election (from among its members) of the Chairman and
the Deputy Chairman of the town committee.

(3) On a vacancy in the office of Chairman, or where
the Chairman is for any reason unable to perform the
functions of his office, the Deputy Chairman shall perform all
such functions until such time as another Chairman is elected
from among the relevant committee members at a meeting to
be convened for the purpose of the election.

(4) On a vacancy in the office of Deputy Chairman,
an election of a Deputy Chairman shall be held from
among the relevant committee members at a meeting to be
convened for the purpose of the election.

Town
committees.

Oath of office.

Fourth Schedule.

Chairman and
Deputy Chair-
man of a town
committee.

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(5) The Chairman shall be the representative of the
town committee for all purposes under this Act, shall
preside over the town committee and over all meetings of
the town committee, and shall co-ordinate the functions of
the town committee.

(6) The Chairman of the town committee of a town
area shall be responsible for the furtherance of the objects
and provisions of this Act in the town area and Chairmen
shall co-operate between themselves for the better welfare
of the town areas which they represent.

(7) The Chairman and Deputy Chairman shall hold
office from the day of their election and they shall remain
in such office until the expiration of the term of the
relevant committee or until such time as the Chairman or
Deputy Chairman has resigned from office, whichever is
the sooner.

9. (1) Notwithstanding the provisions of any other
law, each town committee of a town area in a district shall
have, in relation to that town area, the following functions,
namely —

(a) in conformity with national standards —
(i) to provide for general health and sanitation,

including street cleaning, the cleaning of
drains, road verges and ditches, and the
collection and removal of all refuse from
any private place; and

(ii) to provide for the collection and removal of
all refuse from any public place, the
maintenance of cleanliness, the
establishment, upkeep and maintenance of
all public conveniences, dustbins, and other
receptacles for the temporary deposit and
collection of waste;

(b) in conjunction with any competent authority, to
provide for the upkeep, maintenance and
establishment, of monuments, cemeteries,
children’s playgrounds, recreation grounds,
parks, public gardens, road verges, open spaces,
beaches, and sport, cultural or other leisure
centres;

Functions of
committee.

CH.37 – 10] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(c) to provide for the upkeep and maintenance of
public wells and water tanks;

(d) (i) to provide and maintain proper road signs
and road markings in conformity with
national and international standards; and

(ii) to establish and maintain pedestrian and
parking areas and provide for the
protection of school children in the
vicinity of schools;

(e) in conjunction with any competent authority to
provide for —

(i) the naming or renaming of streets; and
(ii) the issuing of guidelines to be followed in

the upkeep, restoration, design or
alteration of any building or any part of a
building normally visible from a street,
including the type of lighting and
materials used, advertisements and shop
fronts;

(f) to provide for the upkeep and maintenance of,
and improvements in, any street, footpath or
settlement road;

(g) to cause to be delivered, to any place within the
town area (other than a post office), postal
packets transmitted overland or by sea; and

(h) to make provision in conjunction with any
competent authority, in respect of the upkeep
and maintenance of public buildings, local ports,
docks, harbours, wharves and jetties.

(2) For the purposes of subsection (1)(g), the terms
“post office” and “postal packet” have the respective
meanings assigned to those terms by section 2 of the Post
Office Act.

PART IV
DISTRICT COUNCILS

10. (1) Every district shall have a District Council.
(2) The Council shall be a body corporate with

perpetual succession and a common seal, capable of
entering into contracts, of suing and being sued, of


Ch. 300.

District Councils.

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acquiring, holding, leasing and disposing of property of
any description, and of doing all such things and entering
into such transactions as are incidental or conducive to the
exercise and performance of its functions under this Act:

Provided that, except with the approval of the
Minister, a Council shall not act in pursuance of the powers
conferred by this subsection, in respect of the disposal of
real property.

(3) The Council of a district specified in the Second
Schedule shall consist of —

(a) the Chairmen of the town committees of the
respective town areas of the district; and

(b) such further number of members, elected by
those town committees in accordance with the
provisions of this Act, as may be necessary for
the purpose of comprising a Council of nine
members.

(4) The Council of a district specified in the Third
Schedule shall consist of nine members (or such other
number of members as the Minister may specify by Order)
elected by the population of the district in accordance with
the provisions of this Act.

(5) The provisions of sections 7, 18 to 22, 39 and 40
and of Parts VI and VII shall mutatis mutandis apply to any
Council as those provisions apply to a committee, and the
said provisions shall have effect as if —

(a) references to a town committee and to committee
members, were respectively references to a Council
and to Councillors;

(b) references to the Chairman and the Deputy
Chairman of a town committee, were
respectively references to the Chief Councillor
and the Deputy Chief Councillor of a Council;
and

(c) references to a town area, were references to a
district.

11. (1) The Councillors of a district shall, within two
weeks of the date of their election, sit for the purpose of
electing (from among themselves) the Chief Councillor and
the Deputy Chief Councillor of the Council of the district.

Second Schedule.

Third Schedule.

Chief Councillor
and Deputy
Chief Councillor
of a Council.

CH.37 – 12] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The Chief Councillor shall be the representative
of the Council for all purposes under this Act, shall preside
over the Council and over all meetings of the Council, and
shall co-ordinate the functions of the Council.

(3) The Chief Councillor shall be responsible for the
furtherance of the objects and provisions of this Act in the
district which he represents, and, where an island is divided
into two or more districts, the Chief Councillors of those
districts shall co-operate between themselves for the better
welfare of the island and of the districts which they
represent.

12. The Chief Councillor and Deputy Chief
Councillor shall hold office from the day of their election and
they shall remain in such office until the expiration of the
term of the relevant Council or until such time as the Chief
Councillor or Deputy Chief Councillor has resigned from
office, whichever is the sooner.

13. (1) On a vacancy in the office of Chief
Councillor, or where the Chief Councillor is for any reason
unable to perform the functions of his office, the Deputy
Chief Councillor shall perform all such functions until such
time as another Chief Councillor is elected from among the
relevant Councillors at a meeting to be convened for the
purpose of the election.

(2) On a vacancy in the office of Deputy Chief
Councillor, an election of a Deputy Chief Councillor shall
be held from among the relevant Councillors at a meeting
to be convened for the purpose of the election.

14. (1) Notwithstanding the provisions of any other
law but subject to subsections (2) and (3), each Council of
a district (other than a district specified in the Third
Schedule) —

(a) shall appoint boards which shall have and
exercise, in relation to that district —

(i) the powers of the Road Traffic Authority to
grant, vary, renew, transfer, revoke and
suspend a franchise under the provisions of
sections 86, 87, 88 and 90 of the Road
Traffic Act, to vary the conditions attached
to a franchise under the provisions of section
91 of that Act and to issue directions under
the provisions of section 87 of that
Act:

Term of office.

Vacancy in the
office of Chief
Councillor of
Deputy Chief
Councillor.

Functions of
District Councils.

Third Schedule.

Ch. 220.

LOCAL GOVERNMENT [CH.37 – 13



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Provided that, except with the
approval of the Minister responsible for
Road Traffic, a board shall not act in
pursuance of the powers conferred by this
subparagraph, in any case where the
person applying for the franchise is not a
citizen of The Bahamas:

Provided further that where an island
is divided into two or more districts, the
functions conferred upon boards by this
subparagraph shall be performed, in
relation to that island, by a body
comprised of seven members appointed by
the Councils of those districts; and the
provisions of sections 15 and 16 shall
mutatis mutandis apply to any such body
as if the references therein to a board and
to a Council were references to a body
appointed under this subparagraph and to
all of the Councils of those districts,
respectively;

(ii) the powers exercisable by a port authority
within its port area under the provisions of
the Port Authorities Act;

(iii) the functions assigned to the Town
Planning Committee under the provisions
of theTown Planning Act:

Provided that a board shall not act in
pursuance of the powers conferred by this
subparagraph, in respect of an application
made under that Act by a person who is not
a citizen of The Bahamas and who acquired
or held the immovable property to which to
application relates on or after 1st Novem-
ber, 1983, unless that person produces to
the board the relevant certificate of regis-
tration or permit, issued pursuant to the
Immovable Property (Acquisition by For-
eign Persons) Act (now repealed) or the
International Persons Landholding Act,
1993, as the case may be;

Ch. 269.

Ch. 255.

Ch. 140.

CH.37 – 14] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iv) the powers of the Hotels Licensing Board to
grant, renew; transfer and cancel licences
and to vary the terms and conditions of
licences, under the provisions of the Hotels
Act; and

(v) the powers of the licensing authority to
grant, transfer and cancel licences under the
provisions of the Liquor Licences Act:

Provided that, except with the approval
of the Minister of Finance, a board shall not
act in pursuance of the powers conferred by
this subparagraph, in any case where the
person applying for the licence, or the holder
of the licence, as the case may be, is not a
citizen of The Bahamas;

(vi) the powers of the licensing authority to grant
licences, limit the duration of licences and
revoke licences, under the provisions of the
Shop Licences Act:

Provided that, except with the
approval of the Minister of Finance, a board
shall not act in pursuance of the powers
conferred by this subparagraph, in any case
where the person applying for the licence, or
the holder of the licence, as the case may be,
is not a citizen of The Bahamas;

and for the purposes of subparagraphs (i) or (vi),
the relevant provisions of the Road Traffic Act,
the Port Authorities Act, the Town Planning
Act, the Hotels Act, the Liquor Licences Act and
the Shop Licences Act shall mutatis mutandis
apply as if the references therein to the Road
Traffic Authority, a port authority, the Town
Planning Committee, the Hotels Licensing
Board, and the licensing authority, respectively,
were references to a board appointed by a
Council pursuant to the provisions of this Act;

(b) shall have and exercise, in relation to that
district, the powers of the Buildings Control
Officer to grant building permits under the
provisions of the Buildings Regulations Act,
and, for that, purpose, the relevant provisions of
that Act shall mutatis mutandis apply as if the
references therein to the Buildings Control
Officer were references to a Council;

Ch. 288.

Ch. 372.

Ch. 377.

Ch. 220.
Ch. 269.
Ch. 255.
Ch. 288.
Ch. 372.
Ch. 377.

Ch. 200.

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(c) shall have exercise, in relation to that district,
the powers of the Controller of Road Traffic to
issue, renew or revoke licences, under the
provisions of sections 68 and 69 of the Road
Traffic Act and, for that purpose, the relevant
provisions of that Act shall mutatis mutandis
apply as if the references therein to the
Controller of Road Traffic were references to a
Council:

Provided that the Minister responsible for
Road Traffic may by notice specify the
maximum amount of licences which may be
issued by a Council in respect of any year and,
where a maximum amount has been so specified,
the amount of licences issued by the Council in
respect of that year, shall not exceed that
maximum;

(d) shall have and exercise, in relation to that
district, the powers of the Minister of Finance
under the provisions of section 3 of the Business
Licence Act, to cause an annual business licence
to be issued, and, for that purpose, the relevant
provisions of that Act shall mutatis mutandis
apply as if the references therein to the Minister
of Finance were references to a Council;

(e) shall carry out, in relation to that district, such
functions in respect of —

(i) the formulation of traffic schemes; and
(ii) town planning, and the formulation of

planning or building schemes,
as the Minister acting on the advice of the
Minister responsible for Road Traffic or the
Minister responsible for Public Works, as the
case may be, may from time to time specify;

(f) shall make provision, in relation to that district,
in conjunction with any competent authority, in
respect of —

(i) public transportation;
(ii) the maintenance and upkeep of public

buildings, and Government-owned airport
terminal buildings, hospitals, clinics and
their environs;

Ch. 220.

Ch. 329.

CH.37 – 16] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(iii) boat registration;
(iv) the supply of energy (as defined in section

2 of the Electricity Act) for the purpose of
lighting any street in that district;

(v) the supply of water for the use of members
of the public by means of standpipes and
taps situated in public places; and

(vi) the development and working of a telephone
system and service for public and private
use and purposes;

(g) shall make provision for the maintenance and
upkeep of public school buildings and their
environs, in cases where the members of the
School Committee of a primary school, or the
members of the Governing Body of a secondary
school, have not been appointed or elected, as
the case may be;

(h) shall tender to the Minister responsible for
Crown Lands, such recommendations relating to
the use of Crown Land in that district, as the
Council sees fit;

(i) shall tender to the Minister responsible for
tourism, such recommendations relating to the
development and promotion of tourism in that
district, as the Council sees fit;

(j) shall carry out such other functions as the
Minister may specify; and

(k) shall provide, in relation to that district, for all
such other works, things, matters and services as
are specified, by any written law, to be within
the jurisdiction of a Council.

(2) The Councils of the districts specified in the Third
Schedule (other than the district of the City of Freeport) shall
perform in relation to the respective districts —

(a) the functions conferred upon boards by
subsection (1)(a)(i) to (vi) of this section;

(b) the functions conferred upon Councils by
subsection (1)(b) to (k) of this section; and

(c) the functions conferred upon town committees
by section 9(1)(a) to (h).

Ch. 194.

Third Schedule.

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(3) The Council of the district of the City of
Freeport —

(a) (i) may appoint boards to which the provisions
of sections 15 and 16 shall apply and which
shall have, in relation to that district, the
functions conferred upon boards by
subsection (1)(a)(i), (iv), (v) and (vi) of this
section; or

(ii) may perform, in relation to that district,
the functions conferred upon boards by
subsection (1)(a)(i), (iv), (v) and (vi) of
this section;

(b) shall perform, in relation to that district, the
functions conferred upon Councils by subsection
(1)(c), (e)(i), (f)(i), (ii), (iii), (v) and (vi) and (g) to
(k) of this section; and

(c) shall perform, in relation to that district, the
functions conferred upon town committees by
section 9(1)(b), (d), (e)(i) and (g).

(4) Notwithstanding section 7 of the Port
Authorities Act, the Council of any District (other than the
district of the City of Freeport) may, upon such terms as it
may think fit, grant to any person a right for or in
connection with the construction in its district of any
wooden pier not exceeding one hundred and twenty feet
and which does not require excavation of the land:
Provided that before any such right is granted the Council
shall be satisfied that the consent of the owners of the land
to which the pier is to be attached has been obtained.


15. (1) Each board appointed by a Council pursuant

to the provisions of section 14(1)(a) shall consist of seven
members, one of whom shall be the chairman appointed by
the Council after consultation with the Minister.

(2) A person shall not be required to be a Councillor
or committee member in order for him to be appointed as a
member of a board, but in appointing board members, the
relevant Council shall give due consideration to the need
for representation, on the board, of the interests of the
relevant town areas.

(3) The secretary to a board shall be an Adminis-
trator, a Senior Deputy Administrator, a Deputy Admin-
istrator or an Assistant Administrator.

5 of 2008, s. 2

Ch. 269

Boards.

CH.37 – 18] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(4) Each member of a board shall hold office for
such period, not exceeding two years, as the Council may
direct or until the term of office of the Council expires or
the member is dismissed, whichever is the soonest.

(5) Any person aggrieved by any decision of a
board in the exercise or purported exercise of any power
conferred upon it by section 14(1)(a)(i) to (vi) may within
fifteen days from the date on which such decision is
communicated to him, appeal in respect thereof in writing
to the Council which appointed the board.

(6) Upon any such appeal, the Council may confirm,
modify or reverse the decision of the board complained of or
may make such other order as it may think just.

(7) The relevant provisions of the Road Traffic Act,
the Town Planning Act, the Port Authorities Act, the
Hotels Act, the Liquor Licences Act and the Shop Licences
Act shall mutatis mutandis apply as respects the grounds of
dismissal and procedure for the dismissal, of members of
the respective boards, as if the references therein to the
Road Traffic Authority, the Town Planning Committee, a
port authority, the Hotels Licensing Board, and the
licensing authority, respectively, were references to a board
appointed by a Council pursuant to the provisions of this
Act.

16. (1) Any person aggrieved by any decision or
order of a Council under section 14(1)(b) to (k) or section
15(6) may, within fifteen days from the date on which such
decision or order is communicated to him, appeal in
respect thereof in writing to the Minister.

(2) Upon any such appeal, the Minister may confirm,
modify or reverse the decision or order of the Council or
may make such other order as he may think just.

PART V
REGISTRATION OF VOTERS, AND ELECTIONS

17. (1) The first election of committee members
pursuant to section 6(3), and Councillors pursuant to
section 10(4), shall be held during the year 1996, and
thereafter the respective elections of committee members
and Councillors shall be held every three years.

(2) Subject to the following provisions of this
section, for the purposes of any such election of committee
members or Councillors, the provisions of the
Parliamentary Elections Act, any regulations made

Ch. 220.
Ch. 255.
Ch. 269.
Ch. 288.
Ch. 372.
Ch. 377.

Right of appeal
to Minister.

Registration
of voters, and
conduct of
elections.

Ch. 7.

LOCAL GOVERNMENT [CH.37 – 19





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

thereunder, and any Parliamentary Elections (Polling
Divisions) Order in force at the time of the election, shall
mutatis mutandis apply as respects —

(a) the compilation, publication and inspection of
the Register;

(b) the entitlement of a person to be registered as a
voter;

(c) the registration of voters;
(d) the division of a constituency into polling

divisions;
(e) the nomination of candidates;
(f) the entitlement of a person to vote at a polling

division at an election;
(g) the conduct of elections; and
(h) election petitions, and inquiries into qualifications,

as if references in those provisions —
(i) to publication of the register, were references

to publication by making a copy of the
Register available for inspection by the
public at the office of the Administrator,
Senior Deputy Administrator, Deputy
Administrator or Assistant Administrator or
at the post office, of the relevant district;

(ii) to a constituency, were references to a town
area or to a district, as the case may be; and

(iii) to an election of a Member of Parliament,
were references to an election of a committee
member or a Councillor, as the case may be.

(3) The provisions of section 37 of the
Parliamentary Elections Act shall mutatis mutandis apply
as respects the nomination of a candidate for any such
election of committee members or Councillors, except that


(a) no such candidate shall be required to make a
declaration of his assets, income or liabilities;

(b) such candidate shall be required to file with the
Parliamentary Commissioner a declaration that
he is ordinarily resident in premises in the palling
division in respect of which he is a candidate; and

(c) for the purposes of paragraph (b) of subsection
(1) of that section, such candidate shall be
required to deposit the sum of fifty dollars in
lieu of any sum specified in that paragraph.

Ch. 7.

CH.37 – 20] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(4) The Parliamentary Commissioner shall assign,
to any person who stands nominated as a candidate for any
such election of committee members or Councillors, such
symbol as the Parliamentary Commissioner sees fit, and
such symbol shall thereupon become the symbol of the
candidate for that election.

(5) The symbol assigned to a candidate by the
Parliamentary Commissioner under subsection (4) shall be
printed upon every ballot paper opposite the name of such
candidate.

(6) The Parliamentary Commissioner shall cause the
symbols assigned under subsection (4) to be posted in a
conspicuous place in the office of the Administrator,
Senior Deputy Administrator, Deputy Administrator or
Assistant Administrator or in the post office, of the
relevant district.

18. (1) Notwithstanding any other provision of this
Act, if —

(a) no candidates are nominated to contest the
election of a town committee, the Minister shall
appoint a Committee of Management which
shall perform all such duties as the committee is
authorised to perform, until a new committee is
elected; or

(b) the number of candidates standing nominated to
contest the election of a town committee, is
insufficient at any time before polling day (as
defined in section 2 of the Parliamentary
Elections Act), then, on polling day, the
candidates standing nominated shall be declared
to be elected to the committee and the Minister
shall appoint to the committee such further
number of persons as is needed to fully comprise
the committee under this Act:

Provided that the Parliamentary Commissioner shall, at a
date determined by the Minister —
(i) in any case mentioned in paragraph (a) of

this subsection, hold an election of a new
town committee; or

Election of com-
mittee members.

Ch. 7.

LOCAL GOVERNMENT [CH.37 – 21



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(ii) in any case mentioned in paragraph (b) of this
subsection, hold an election of such number
of committee members as corresponds to the
number of persons appointed by the Minister
under the said paragraph (b);

and any person elected in an election held pursuant to this
proviso, shall hold office for the remainder of the period
for which committee members would have served had they
been elected in the election for which no candidates or, as
the case may be, an insufficient number of candidates had
been nominated.

(2) If elections for committee members are due to
be held within three months before the holding of General
Elections or Referenda, the election of committee members
may be postponed to a date determined by the Minister, but
in any case not later than three months following the
holding of such General Elections or Referenda:

Provided that, in the event that the elections are so
postponed, the term of office of the committee members in
office at the time of such postponement shall be extended
by the came period by which the elections are postponed
and that of the committee members subsequently elected
shall be reduced by the name period by which the term of
office of the previous committee members has been
extended.

19. Whenever a vacancy occurs in the membership of
a committee, written notification of such vacancy shall be
sent to the Minister and to the Parliamentary Commissioner
by the Secretary within six days after the vacancy has
occurred, and an election to fill the vacancy shall be held in
accordance with the provisions of this Act on a day to be
fixed by the Minister, being not more than sixty days after
the date on which such vacancy has occurred:

Provided that if a vacancy occurs as aforesaid within
three months before the expiration of the term of office of
the committee, no election shall be held and the committee
shall be deemed to be fully constituted for the purposes of
this Act:

Provided further that no further election shall be held
if the term of office of the committee has been extended
under subsection (2) of section 18.

Vacancies.

CH.37 – 22] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

20. (1) Until such time as a vacancy is duly filled,
the town committee shall be deemed to be fully constituted
for the purposes of this Act and any proceedings, actions
and decisions of the committee shall be deemed valid.

(2) Four persons (or such other number as may be
determined by the committee) shall form a quorum at any
meeting of a committee.

(3) A decision shall be adopted by a simple majority
of the persons present at a meeting of a committee and, in
the case of an equality of votes, the person presiding at the
meeting shall have and exercise a casting vote.

21. A person shall be qualified to be elected as a
member of the town committee of a town area if such
person is registered as a voter in that part of the Register
relating to a polling division (or part thereof) in the town
area being contested by such person.

22. No person shall be qualified to stand for election
as a member of a town committee or to remain a member
thereof if —

(a) he is a Senator or a member of the House of
Assembly;

(b) he is a Justice of Appeal of the Court of Appeal,
or a Justice of the Supreme Court;

(c) he is a stipendiary and circuit magistrate;
(d) he is an Administrator, a Senior Deputy

Administrator, a Deputy Administrator or an
Assistant Administrator;

(e) he is a member of the Royal Bahamas Police
Force or the Royal Bahamas Defence Force;

(f) he is a person who holds any office the functions
of which involve any responsibility for or in
connection with the conduct of any election of
members of a town committee or a Council, or
the compilation of or revision of the Register;

(g) he is a public officer holding such post as the
Minister may by Order specify;

(h) he is an undischarged bankrupt having been
adjudged or otherwise declared bankrupt under
any law in force in The Bahamas;

Vacancy not to
invalidate
proceedings.

Eligibility for
election as com-
mittee members.

Persons not
qualified to stand
for committee.

LOCAL GOVERNMENT [CH.37 – 23



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(i) he is a person certified to be insane or otherwise
adjudged to be of unsound mind under any law
in force in The Bahamas;

(j) he is under sentence of death imposed on him by
a court in The Bahamas, or he is serving a
sentence of imprisonment (by whatever name
called) exceeding twelve months imposed on
him by such court or is under such a sentence of
imprisonment the execution of which has been
suspended;

(k) his name no longer appears in the Register.

PART VI
COMMITTEE MEMBERS AND COUNCILLORS

23. (1) Committee members shall hold office from
the day of their election and they shall remain in such
office until the expiration of the term of the town
committee or until such time as the committee member has
resigned from office, whichever is the sooner.

(2) Committee members shall, on the termination of
their term of office, if otherwise qualified, be eligible for
re-election.

(3) The term of office of any person —
(a) elected to fill a vacancy in a committee; or
(b) elected to a committee where that committee’s

election had been, in whole or in part, postponed
for any reason,

shall be the remaining period of the term of office
stipulated in section 18(2).

24. Committee members shall receive such
remuneration and allowances as may be determined by the
Minister with the consent of the Minister of Finance.

25. A committee member may at any time resign his
office by notice in writing signed by him and delivered to
the Secretary and his resignation shall take effect from the
date of the receipt of the notice by the Secretary and his
office shall become vacant as of such date.

Term of office of
committee
members.

Remuneration of
committee
members.

Resignation of
committee
members.

CH.37 – 24] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

26. If a committee member is absent for three
consecutive regular meetings of the committee without the
consent of the committee, his seat shall be deemed
vacated.

27. The Governor-General may by Order dissolve a
committee upon —

(a) a report, from any local government auditor
appointed under section 47, of the committee’s
persistent breach of its financial responsibilities;
or

(b) the committee’s persistent breach of the
provisions of this Act after formal notice has
been given by the Minister,

if the Governor-General deems it to be in the public
interest that the committee be so dissolved.

28. (1) Upon the dissolution of a committee in
accordance with section 27, or if all the committee
members have resigned, the Parliamentary Commissioner
shall, within thirty days, hold an election for a new
committee:

Provided that no election shall be held where the
remaining term of office of the dissolved committee is less
than three months.

(2) The Minister may appoint a Committee of
Management which shall perform all such functions as are
competent on the committee until a new committee is
elected:

Provided that if a Committee of Management is not
so appointed, the Secretary shall perform all such functions
as are competent on the committee.

(3) The newly elected committee shall hold office
for the remainder of the term applicable to be dissolved
committee.

Absence without
leave.

Dissolution of
committee.

Election to fol-
low dissolution of
committee.

LOCAL GOVERNMENT [CH.37 – 25



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PART VII
PROCEDURE AND MEETINGS

29. For the purpose of discharging any functions in
pursuance of any matter under this Part, a town committee
shall contract out and expose to competition any of the
duties assigned to it unless such duties are to be carried out
by any person employed by the committee.

30. (1) Where the town committee of a town area
offers for tender any work related to its duties, the
committee shall give notice of the offer by displaying, on a
notice board at the committee’s office in the town area, a
notice containing the following matters—

(a) a brief description of the work;
(b) a statement of the period during which the work

is to be carried out:
(c) a statement that any person who may wish to

carry out the work should notify the committee
of that fact within a period specified in the
notice; and

(d) the date and place when all the tenders shall be
opened in public.

(2) When acting in relation to any tenders submitted
under subsection (1), the committee shall follow, as nearly
as possible, the procedure adopted by the Government
Tenders Board in respect of the award of contracts for
supplies, works and services, save that the committee is not
required to make any recommendation to any person
before making a decision in respect of the tenders.

31. With the approval of the Minister, and subject to
the provisions of section 29, a committee may make
arrangements with any public body or Government
department for the exercise of any functions by the public
body or department on behalf of the committee, on such
terms as may be provided for by the arrangements.

32. Subject to the provisions of section 29, a
committee may make arrangements with any other
committee or any public body or Government department
for —

(a) the supply by one party to the other of any
goods;

Competition.

Works contracts.

Agency arrange-
ments.

Arrangements
for the supply of
goods and serv-
ices or inter-
change of staff.

CH.37 – 26] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) the provision by one party to the other of any
administrative, professional or technical services;

(c) the use by one party of any vehicle, plant or
apparatus belonging to the other and the placing
at the disposal of the first-mentioned party, of
the services of any person employed in
connection with the vehicle, plant or apparatus
in question;

(d) the provision or maintenance by one party of
any works, facility, amenity, equipment or thing
for the provision or maintenance of which the
other is responsible,

on such terms as may be provided for by the arrangements.
33. (1) A town committee may regulate its own

procedure.
(2) Regular committee meetings shall be held at least

once a month, and other meetings of the committee may he
called at the request of at least one-third of the committee
members in office or at the request of the Chairman.

34. (1) Subject to the provisions of this section, the
meetings of a town committee shall be held in public.

(2) The committee may, by a majority of votes,
decide that any particular meeting of the committee shall
be held in private, but in a public place.

(3) The committee shall, at least once each quarter,
meet in public.

(4) Nothing in this section shall affect or derogate
from any power of excluding persons from a meeting for
the purpose of suppressing or preventing disorderly
conduct or other misbehaviour at, or disturbance of, the
meeting.

35. (1) A town committee shall, at least once a year,
call a town area meeting which shall be open to persons
appearing in that part of the Register relating to the town
area.

(2) The town area meeting shall be held at such
public place as the committee may determine.

Committee
procedure.

Admission of
public to
meetings.

Town area
meeting.

LOCAL GOVERNMENT [CH.37 – 27



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) A notice, indicating the time and place for such
meeting, shall be displayed on the notice board at the
committee’s office in the town area and in such other
places as the committee may deem fit.

36. Meetings of the committee shall be held at the
committee’s office or at such other place as the committee
may specify.

PART VIII
FAMILY ISLAND ADMINISTRATORS, OFFICERS

AND EMPLOYEES
37. For the purpose of assisting the Minister in the

administration of this Act, there shall be appointed in
respect of local government districts, such Family Island
Administrators, Senior Deputy Family Island Adminis-
trators, Deputy Family Island Administrators and Assistant
Family Island Administrators, and such other public
officers as may be assigned to the staff of the Family Island
Administrators.

38. (1) Notwithstanding the provisions of any other
law, the Administrator of a district, ex officio —

(a) shall be —
(i) collect or of revenue for every port of

entry, and a preventive officer for every
other port, within the district; and

(ii) warehouse keeper for every warehousing
port within the district;

(b) shall have and exercise, in relation to the district,
all such function as were assigned to
commissioners, immediately prior to the coming
into operation of this Act, under any written law;

(c) shall be deemed to be an accounting officer, in
relation to the district, for the purposes of the
Financial Administration and Audit Act; and

(d) shall have and exercise, in relation to the
district —

(i) the functions assigned to a Passport and
Visa Officer under the Passports Act;

Committee
meetings.

Appointment of
Family Island
Administrators.

Functions of
Administrator,
Deputy Adminis-
trator and Assis-
tant Administrator.

Ch. 359.

Ch 192.

CH.37 – 28] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(ii) such functions under the Environmental
Health Act as the Director of Environmental
Health may, in writing, specify;

(iii) such functions under the Fisheries
Resources (Jurisdiction and Conservation)
Act as the Director of Fisheries may, in
writing, specify; and

(iv) such functions under the Port Authorities
Act as the Port Controller may, in writing,
specify.

(2) The Senior Deputy Administrator, the Deputy
Administrator and the Assistant Administrator of a district
shall assist the Administrator of the district in the discharge
of his functions as Administrator.

(3) In any case where an Administrator has not been
appointed in respect of a district, a Senior Deputy
Administrator, a Deputy Administrator or an Assistant
Administrator may be appointed to perform, in that district,
all the functions conferred on the Administrator by this or
any other written law.

39. (1) Each town committee, Council and board
shall respectively have a Secretary, who shall be a Senior
Deputy Administrator, a Deputy Administrator, an
Assistant Administrator or any other person approved by
the Minister.

(2) The town committee of a town area shall appoint
and employ, at such remuneration and on such terms and
conditions as it may think fit, such servants and agents as it
may think necessary for the proper discharge of its
functions.

40. (1) The Secretary shall be the executive
administrative and financial officer of the committee and
shall

(a) issue all notices, prepare the agenda in
consultation with the Chairman and attend all
meetings;

(b) draw up the minutes of committee meetings;
(c) submit a detailed annual administrative report to

the Chairman; and
(d) carry out such other duties as may be assigned to

him by the committee.

Ch. 232.

Ch 244.

Ch. 269.

Appointment of
town committee
employees.

Functions of
Secretary.

LOCAL GOVERNMENT [CH.37 – 29



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

41. Each town committee and each Council shall
respectively be deemed to be an approved authority for the
purposes of the Pensions Act.

PART IX
FINANCIAL PROVISIONS

42. (1) Subject to subsection (2), the funds and
resources of each committee shall consist of —

(a) any moneys as from time to time are provided
by Parliament; and

(b) such other sums as the Minister of Finance may
by order direct.

(2) Notwithstanding the provisions of any law,
where fees or taxes, collected in a town area or in a district
specified in the Third Schedule, are paid into the
Consolidated Fund pursuant to the provisions of —

(a) the Buildings Regulation Act;
(b) the Firearms Act;
(c) the Port Authorities Act relating to rates of

pierage and wharfage payable in respect of the
use or occupation of any public abutment, wharf
or extended slip;

(d) the Boat Registration Act;
(e) the Water Skiing and Motor Boat Control Act;
(f) the Business Licence Act;
(g) the Liquor Licences Act;
(h) the Music and Dancing Licences Act; or
(i) the Shop Licences Act,

a rebate not exceeding one hundred per centum of the
monies so paid shall be allowed, and the rebate shall be
paid out of the Consolidated Fund and applied to meet
necessary expenditure in the town area or district, as the
case may be.

(3) A sum equal to the total amount of the fees or
taxes paid into the Consolidated Fund pursuant to
subsection (2) shall be placed in a separate account to be
held reserved by the Minister of Finance and expended
upon —

(a) the rebate mentioned in subsection (2); and

Committees and
Councils to be
approved
authorities.
Ch. 43.

Funds and re-
sources of com-
mittees, and of
certain Councils.

Third Schedule.

Ch. 200.
Ch. 213.
Ch. 269.

Ch. 277.

Ch. 278.

Ch. 329.

Ch. 372.
Ch. 374.
Ch. 377.

CH.37 – 30] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) such other matters, relating to any town area or
district, as the Minister of Finance may deem fit.

43. (1) Subject to subsections (2), (3) and (4), the
funds and resources of each Council shall consist of —

(a) any moneys as from time to time are provided
by Parliament; and

(b) such other sums as the Minister of Finance may
by Order direct.

(2) Notwithstanding the provisions of any law,
where fees or taxes, collected in a district, are paid into the
Consolidated Fund pursuant to the provisions of —

(a) the Road Traffic Act;
(b) the Civil Aviation Act relating to fees for the

landing, parking and operation of aircraft at
airports;

(c) the Airports Act;
(d) the Hotels Act relating to the hotel licence fee

and the hotel guest tax; or
(e) the Real Property Tax Act,

a rebate of the monies so paid shall be allowed in the
following amounts —
(i) in the case of monies paid under an Act

mentioned in paragraph (b) or (c), a rebate
not exceeding one hundred per centum of
the monies so paid; and

(ii) in the case of monies paid under an Act
mentioned in paragraph (a), (d) or (e), a
rebate not exceeding fifty per centum of
the monies so paid;

and the rebate shall be paid out of the Consolidated Fund
and applied by Councils to meet capital expenditure and
other necessary expenditure in the respective districts.

(3) In the application of any monies pursuant to
subsection (2), the Council of a district shall act fairly and
equitably, having regard to the various needs of the
communities in the town areas of the district.

Funds and
resources of
Councils.

Ch. 220.

Ch. 284.

Ch. 286.

Ch. 288.

Ch. 375.

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(4) The Treasurer shall make an annual payment, of
five hundred thousand dollars to the Council for the
district, of the City of Freeport on or before the 1st day of
September, in each year, for a period of three years
commencement on September 1, 1996, for the purpose of
defraying part of the expenses incurred by the Council in
the Port Area.

(5) A sum equal to the total amount of the fees or
taxes paid into the Consolidated Fund pursuant to
subsection (2) shall be placed in a separate account to be
held reserved by the Minister of Finance and expended
upon —

(a) the rebate mentioned in subsection (2); and
(b) such other matters, relating to any district, as the

Minister of Finance may deem fit.
44. (1) Every committee of a town area in a district

shall during the month of February in each financial year,
submit to the Council of the district estimates of the
income and expenditure of the committee during the next
following financial year.

(2) Not later than the fifteenth day of March in any
financial year, the Council of a district —

(a) shall consider the estimates for the next-
following financial year;

(b) may revise the estimates in such manner as the
Council thinks fit for the purpose of meeting the
needs, and ensuring the development, of the
district; and

(c) shall approve the estimates, subject to any
revision under paragraph (b).

(3) The estimates so approved by the Council, together
with the estimates of the income and expenditure of
the Council during the next following financial
year, shall, not later than the last day of March in
any financial year, be sent to the Minister who
shall, within one month of his receipt of the
estimates, meet with the Council for the purpose of
discussing the respective estimates.

45. (1) Moneys provided for Councils pursuant to
sections 42(2) and 43(1)(a) shall be allocated to each
Council and made available to the Council by the Minister
of Finance.

Annual budget.

Method of
supply and with-
drawal of funds.

CH.37 – 32] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Subject to the provisions of the Financial
Administration and Audit Act, each Council shall open an
account in respect of moneys provided pursuant to section
43(1)(a), with any bank, and all deposits and withdrawals
of such moneys shall be recorded in the account:

Provided that withdrawals from the account shall be
signed by the Administrator and the Chief Councillor of
the relevant district.

46. Without prejudice to any other provision of this
Act, the Minister may, either of his own accord or at the
request of the Minister of Finance, by notice in writing,
require the Secretary to produce any books of account,
records or other documents of a Council.

47. (1) The Minister, after consultation with the
Minister of Finance, may appoint persons (to be known as
“local government auditors”) to audit the accounts of a
Council subject to such conditions as the first-mentioned
Minister may deem fit.

(2) The appointment of the local government auditors
shall be for a period of one year renewable each year, for a
total period of not more than five consecutive years.

(3) A person shall not be qualified for appointment
as a local government auditor unless he is an individual who
is licensed, under the Public Accountants Act, 1991, to
engage in public practice, and is not —

(a) a Councillor of the district whose books he is
auditing; or

(b) in the employment of the Council of the district
whose books he is auditing.

(4) In the exercise of their duties, local government
auditors shall have access to all books, records, returns and
other documents relating to the accounts of Councils and
may require any person holding or accountable for any
such books or documents to appear before them at the
audit.

(5) Local government auditors shall submit their
reports not later than twelve weeks from the end of the
financial year to the Minister who shall forthwith transmit
copies of those reports to the Minister of Finance and to
the respective Council.

Ch. 359.

Minister may
order production
of books of ac-
count.

Appointment of
local government
auditors.

Ch. 364.

LOCAL GOVERNMENT [CH.37 – 33



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(6) The Minister of Finance shall cause a copy of
each report to be laid before the House of Assembly.

(7) For the avoidance of doubt, it is hereby declared
that nothing in this section shall be read or construed as
derogating from or in any way limiting any of the functions
exercisable by the Auditor-General pursuant to the
provisions of the Constitution or any written law.

48. The Minister may cause a management audit to
be conducted in respect of the accounts of any Council.

49. The Minister of Finance shall make regulations
for the purpose of regulating the financial functions of the
Council, including the keeping of records and reporting,
but such regulations shall conform, as much as possible, to
the Financial Regulations.

50. (1) The Minister of Finance shall from time to
time by warrant under his hand addressed to the
responsible public officer, authorize and direct that all such
monies as are reasonably required for meeting any lawful
expense required to be incurred for the holding of elections
of Councils be paid out of the Consolidated Fund.

(2) A statement of the expenses so paid shall, as
soon as practicable, be laid before the House of Assembly.

51. The provisions of sections 45 to 50 shall mutatis
mutandis apply to town committees as they apply to
Councils.

PART X
MISCELLANEOUS

52. Where Orders are made under section 4
disestablishing a district and constituting another district
incorporating the area of the district so disestablished, the
following provisions shall apply —

(a) the Council of the district so constituted shall for
all purposes be the successor of the Council of
the district disestablished and without prejudice
to the generality of the foregoing provisions of
this paragraph, the property, rights, powers,

Additional
auditing
responsibilities.
Regulations by
Minister of
Finance.
Sub. Leg. Vol.
VI. page 3605.

Appropriation of
monies required
to hold elections.

Application of
Part IX to
committees.

Provisions gov-
erning establish-
ment of new
district.

CH.37 – 34] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

liabilities and obligations of the last-mentioned
Council shall thereupon be transferred to and
vest in the first-mentioned Council accordingly;

(b) nothing in this subsection shall be deemed to
provide for the subsistence, after the coming into
operation of an Order disestablishing a district,
of any contract of service with a Council;

(c) subject to the provisions of paragraph (d), no
liabilities or obligations (other than in respect of
superannuation rights or benefits or of leave)
arising in respect of the termination, by virtue of
the said Order, of any service of any employee,
shall be deemed to be incurred by, or assigned to,
the Council of a district constituted as aforesaid
or the Minister; and

(d) the Council of a district so constituted shall
afford to every employed, whose service is
terminated as mentioned in paragraph (c) an
opportunity of serving it, with effect from such
termination upon such terms and conditions as
may be agreed upon between the Council and the
employee:

Provided that such terms and conditions
proffered by the Council shall, when taken as a
whole, be no less favourable than those which
the employee enjoyed with the Council of the
disestablished district.

53. Notwithstanding the provisions of section 4 of
the Magistrates Act, each Chairman, Chief Councillor,
Administrator, Senior Deputy Administrator, Deputy
Administrator and Assistant Administrator shall, by virtue
of his office, be a justice of the peace for the town area or
district which he represents or for which he is responsible,
and his name shall be entered on the commission or roll
mentioned in that section and thereupon such justice of the
peace shall be entitled to exercise within that town area or
district; as the case may be, all the functions of a justice of
the peace under the Act or any other law:

Provided that all fees taken by such justices of the
peace in the exercise of such functions shall be paid by
them into the Consolidated Fund.

Ex officio justices
of the peace.
Ch. 54.

LOCAL GOVERNMENT [CH.37 – 35



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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

54. Without prejudice to any power to make
regulations conferred by this Act, the Minister may make
regulations —

(a) governing the conduct of the election of
Councillors, or committee members, as the case
may be;

(b) prescribing any form, or any procedure for
which no procedure is contained in this Act; and

(c) generally for carrying the provisions of this Act
into effect.

FIRST SCHEDULE

(section 4(2))

LOCAL GOVERNMENT DISTRICTS


The District Boundaries
Grand Cay North Abaco Constituency

Polling Division No. 1
North Abaco North Abaco Constituency

Polling Division Nos. 2, 3, 4, 5 & 6
Green Turtle Cay North Abaco Constituency

Polling Division No.7
Central Abaco North Abaco Constituency

Polling Division Nos. 8, 9, 10 & 11
South Abaco Constituency
Polling Division Nos. 4, 5, 6 & 7

South Abaco South Abaco Constituency
Polling Division Nos. 8, 9, 10 & 11

Hope Town South Abaco Constituency
Polling Division Nos. 1, 2 & 3

Moores Island South Abaco Constituency
Polling Division No. 12
Acklins MICAL Constituency
Polling Division Nos. 4, 5, 6 & 7
Crooked Island MICAL Constituency
and Long Cay Polling Division Nos. 1, 2, 3 & 8
North Andros North Andros Constituency
Polling Division Nos.
1, 2, 3, 4, 5, 6, 7, 9 & 10

Power of
Minister to make
regulations.

S.I. 56/2008

CH.37 – 36] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

The District Boundaries
Central Andros North Andros Constituency
Polling Division Nos. 11, 12 & 13
South Andros Constituency
Polling Division Nos. 9A, 9B, 10, 11 & 12
South Andros South Andros Constituency
Polling Division Nos. 1, 2, 3, 4, 5 & 6
Mangrove Cay South Andros Constituency
Polling Division Nos. 7 & 8
Berry Islands North Andros Constituency
Polling Division No. 8
Bimini West End & Bimini Constituency
Polling Division Nos. 8, 9, 10 & 11
Cat Island Cat Island, Rum Cay & San Salvador
Constituency
Polling Division Nos. 1, 2, 3, 4, 5, 6, 7 & 8
Black Point Exuma Constituency
Polling Division Nos. 1, 2 & 3
Exuma Exuma Constituency
Polling Division Nos. 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14 & 15
Harbour Island North Eleuthera Constituency
Polling Division Nos. 1, 2 & 3
Spanish Wells North Eleuthera Constituency
Polling Division Nos. 4, 5 & 6
North Eleuthera North Eleuthera Constituency
Polling Division Nos. 7, 8, 9, 10 & 11
Central Eleuthera North Eleuthera Constituency
Polling Division Nos. 12, 13 & 14
South Eleuthera Constituency
Polling Division Nos. 9, 10, 11, 12 & 13
South Eleuthera South Eleuthera Constituency
Polling Division Nos. 1, 2, 3, 4, 5, 6, 7 & 8
East Grand High Rock Constituency
Bahama Polling Division Nos. 1, 2, 4, 5, 6 & 9B
West Grand West End & Bimini Constituency
Bahama Polling Division Nos. 1, 2, 3, 4, 5, 6 & 7
Eight Mile Rock Constituency
Polling Division Nos. 1, 2, 6, 7, 8, 9, 1a,
10, 11, 12 & 13B

LOCAL GOVERNMENT [CH.37 – 37



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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

The District Boundaries
Lucaya Constituency
Polling Division No. 7B
City of Freeport Eight Mile Rock Constituency
Polling Division Nos. 3, 4, 5, 13A, 14 & 15
High Rock Constituency
Polling Division Nos. 3, 7, 8, 9A, 1a, 11,
12, 13 & 14
Lucaya Constituency
Polling Division Nos. 1, 2, 3, 4, 5, 6, 7, 8,
9, 1a, 11, 12, 13, 14, 15, 16 & 17
Marco City Constituency
Polling Division Nos. 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12, 13 & 14
Pineridge Constituency
Polling Division Nos. 1, 2, 3, 4, 5, 6, 7, 8,
9, 10, 11, 12 & 13
Inagua MICAL Constituency
Polling Division Nos. 11 & 12
Long Island Long Island and Ragged Island
Polling Division Nos. 1, 2, 3,4, 5, 6, 7, 8 &
10
Mayaguana MICAL Constituency
Polling Division Nos. 9 & 10
Ragged Island Long Island and Ragged Island
Polling Division No.9
Rum Cay Cat Island, Rum Cay and San Salvador
Constituency
Polling Division No.9
San Salvador Cat Island, Rum Cay and San Salvador
Constituency
Polling Division Nos. 10 & 11.










CH.37 – 38] LOCAL GOVERNMENT





STATUTE LAW OF THE BAHAMAS LRO 1/2010

SECOND SCHEDULE

LOCAL GOVERNMENT DISTRICTS
North Abaco
Central Abaco
South Abaco
North Andros
Central Andros
South Andros
Cat Island
Central Eleuthera
South Eleuthera
Exuma
East Grand Bahama
West Grand Bahama
Long Island

S.I. 46/1999.

LOCAL GOVERNMENT [CH.37 – 39



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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

THIRD SCHEDULE

LOCAL GOVERNMENT DISTRICTS
Acklins
Berry Islands
Bimini
Black Point
City of Freeport
Crooked Island and
Long Cay
Grand Cay
Harbour Island
Hope Town
Inagua
Mangrove Cay
Mayaguana
Moores Island
North Eleuthera
Ragged Island
Rum Cay
San Salvador
Spanish Wells




FOURTH SCHEDULE

FORM OF OATH OF OFFICE

I .............................................. do swear that I will faithfully execute
the office of ........................................ without fear or favour,
affection or ill-will, according to the best of my judgment and ability.

So help me God.


S.I.47/1999