Defence (Miscellaneous) Regulations


Published: 1984-09-20

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Defence (Miscellaneous) Regulations
CH.211 – 202] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Loss of all toes of one foot 20
Loss of one phalanx of thumb 10
Loss of index finger 10
Loss of great toe 10
Loss of any finger other than
index finger 5
in the case of any injury not
specified above

such percentage of the compen-
sation payable in the case of
permanent total disablement as
is proportionate to the loss of
earning capacity caused by the
injury. Such loss of earning
capacity shall be determined by
the Minister on the advice of the
Defence Force Medical Officer.



DEFENCE (MISCELLANEOUS) REGULATIONS

(SECTION 203)
[Commencement 20th September, 1984]

1. These Regulations may be cited as the Defence
(Miscellaneous) Regulations.

2. (1) For the purposes of section 48 of the
Defence Act, flying at less than the height above ground or
water level prescribed in paragraph (2), or such other
minimum height as shall be laid down by the aircraft
operating authority, is prohibited, except —

(a) when taking off, landing, preparing to land, or
making a forced landing;

(b) when necessitated by the weather;
(c) when required in connection with exercises

involving co-operation from the ground or
water;

(d) when necessitated by the mission;
(e) when specially authorised by an officer empowered

by higher authority to authorise flights; and
(f) when authorised by, and carried out for training

purposes over areas approved by the Minister.

S.I. 48/1984

Citation.

Low flying.

DEFENCE [CH.211 – 203


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The prescribed height shall be —
(a) in the case of fixed wing aircraft —

(i) having an all-up weight aver 12,500 pounds
— 2,000 feet, and

(ii) having an all-up weight of 12,500 pounds
or less — 1,000 feet; and

(b) in the case of helicopters — 500 feet.
3. Where a person in custody is committed into

civil custody for temporary detention in accordance with
section 187(1) of the Act, the orders for commitment and
release shall be in the forms set out in the First Schedule
and shall be signed by his commanding officer.

4. Any matter required by the Act to be promulgated
shall be promulgated —

(a) by being communicated to the accused; or
(b) if he cannot be found, in such other manner as

may be directed by the confirming authority or
reviewing authority, as the case may be.

5. (1) Political meetings shall not be held in any
establishment, craft or camp of the Defence Force.

(2) Commanding officers of units shall have authority
to prohibit, restrict or regulate the holding of any other
meetings within any establishments or camps under their
command and the admission of civilians to such meetings.

6. (1) If any person subject to the Defence Act
(hereinafter called “the complainant”) thinks that he has
suffered any personal oppression, injustice or other ill-
treatment, he shall first make an oral complaint in
accordance with procedures laid down by the Minister; and
if he fails to obtain the redress to which he considers he is
entitled, he shall submit a written complaint, in the form
set out in the Second Schedule, to his commanding officer.

(2) On receipt of the written complaint the command-
ing officer shall investigate it and grant redress if he has
power, and thinks it appropriate, to do so; otherwise, and in
any event if the complainant so requires, he shall forward
the complaint with his written comments through
appropriate service channels to Commander Defence
Force.

First Schedule.

Temporary
confinement in
civil custody.

Promulgation.

Meetings.

Redress of
complaints.

Second Schedule.

CH.211 – 204] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Upon receipt of a complaint as forwarded by the
commanding officer, the Commander Defence Force may
grant such redress as he thinks appropriate and as is within
his powers; otherwise, and in any event if the complainant
so requires, he shall forward the complaint with his written
comments to the Minister.

(4) Upon receipt of a complaint as forwarded by
Commander Defence Force, the Minister may grant such
redress as he thinks appropriate and as is within his
powers; otherwise, and in any event if the complainant so
requires, he shall forward the complaint with his written
comments to the Security Council for its determination.

7. The Minister may, subject to the approval of the
Minister of Finance, issue instructions for the supply, use
and disposal of arms, accoutrement, clothing and other
stores including, and without prejudice to the generality of
the foregoing, authority and procedure for purchase,
reports on and investigations into losses, powers of write-
off and the control of arms and ammunition.

8. There shall be appointed a suitably qualified
person as Chaplain to the Defence Force whose duties shall
be laid down by the Minister.

9. (1) There shall be appointed a suitably qualified
person to act as Medical Officer to the Defence Force
whose duties shall, subject to sub-paragraph (2) of this
regulation and any other Regulations made under the Act,
be laid down by the Minister.

(2) Every member of the regular Force who may
become ill in The Bahamas shall be accommodated and
treated in the Princess Margaret Hospital, or elsewhere, as
may be directed by the Medical Officer to the Defence
Force or other official medical officer whose duty shall be
to give the necessary medical and surgical attendance to
every member of the Defence Force free of charge.

10. (1) Notwithstanding the provisions of any Act to
the contrary, it shall be lawful for the Minister to authorise
commanding officers to establish and maintain Defence
Force messes, canteens and recreation rooms where wine,
ale, beer, spirits and goods may be sold by retail without
licence.

Arms and
equipment.

Chaplain.

Medical Officer.

Messes, canteens
and recreation.

DEFENCE [CH.211 – 205


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) The Minister shall make rules for the proper
management and control of such messes, canteens and
recreation rooms including, but without prejudice to the
generality of the foregoing, opening hours for the sale of
wine, ale, beer, spirits and other goods; prices and
application of profits; supervision of contracts, purchasing
and stock; accounting and audit of accounts; subscriptions;
insurance; and disposal of funds.

11. (1) All fines imposed on persons subject to the
Act for offences against the Act shall be paid to
Commander Defence Force to be placed to the credit of a
fund to be called “The Defence Forces Fines Fund”.

(2) No payment shall be made from the Defence
Force Fines Fund except upon the authority of Commander
Defence Force.

(3) Commander Defence Force may in his
discretion authorise payments from the Defence Forces
Fines Fund for any of the following purposes:

(a) assistance to the wives or families of deceased
members of the Defence Force or to any persons
discharged from the Defence Force as medically
unfit for further service;

(b) contributions towards prizes to be given at
athletic meetings and similar events organised
by or for the benefit of the Defence Force;

(c) payments to members of the Defence Force
below the rank of sub-lieutenant as rewards for
meritorious acts of service in the execution of
duty, if such payments are not met at public
expense;

(d) expenditure for the benefit and advancement of
authorised recreation and sport and other
activities organised within the Defence Force;
and

(e) contributions towards the costs of an attorney
representing a member of the Defence Force at a
trial by court-martial.

12. (1) The Minister may authorise the award to
warrant officers and marines of the following good conduct
badges —

(a) after five years qualifying service, the first good
conduct badge;

Fines Fund.

Good Conduct
badges.

CH.211 – 206] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) after ten years qualifying service, the second
good conduct badge; and

(c) after fifteen years qualifying service, the third
good conduct badge.

(2) Qualifying service shall be such as may be
prescribed by the Minister.

FIRST SCHEDULE (Regulation 3)
PART I

ORDER FOR THE TEMPORARY COMMITTAL TO CIVIL
CUSTODY OF A PERSON IN PRE-TRIAL CUSTODY

TO......................................................................................…… 1.
WHEREAS Pay No ........................…. Rank/Rate .....................
Name ............................................. Unit .....................................
is a person in service custody/having been charged with/with a
view to his being charged with/ 2 an offence against part V of
the Defence Act:
Now, therefore, in pursuance of section 187(1) of the Act, I
hereby order you to keep the said person in custody for a period
not exceeding seven days unless the said person is earlier
discharged or delivered over in due course of law, for which
this shall be your warrant.
Signed this ........................ day of ............................... 19 ..........
Signature:......................................................................................
Rank and Appointment:.........……............................................. 3


PART II
ORDER FOR THE RETURN TO SERVICE CUSTODY OF
A PERSON AWAITING TRIAL WHO IS TEMPORARILY

DETAINED IN CIVIL CUSTODY
TO.................................................................................….......... 4
WHEREAS Pay No..……...................Rank/Rate .......................


1 Insert “The Superintendent ..................................... Prison”, or “The officer in

charge of............................... Police Station” as the case may require.
2 Delete as appropriate.
3 This form must be signed by the commanding officer of the person in custody.
4 Insert “The Superintendent ...............................................Prison” or “The officer in

charge of ................................... Police Station” as the case may require.

DEFENCE [CH.211 – 207


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS



Name .............................................. Unit ....................................
is now in your custody pursuant to section 187(1) of the Defence
Act:
Now, therefore, in pursuance of the said Act, I hereby order you
to deliver the said person into service custody to
the/officer/warrant officer/marine/ 5 producing this Order.
Signed this......................day of..................................19.............
Signature:........................................……......................................
Rank and Appointment:.....................................................……6



SECOND SCHEDULE (Regulation 6)
FORM OF COMPLAINT

Applicant:
Pay number
Rank
Name
Unit

Short particulars of complaint (copies of supporting documents
to be attached):
Name of investigating officer:
Signature of applicant:
Date:
Comments of commanding officer:
Signature:
Date:
Comments of Commander Defence Force:
Signature:
Date:
Comments of Minister:
Signature:
Date:
Decision of Security Council:
Signature of one member:
Date:


5 Delete as necessary.
6 This form must be signed by the commanding officer of the person in custody.

CH.211 – 208] DEFENCE





STATUTE LAW OF THE BAHAMAS [Original Service 2001]



Promulgation to applicant on:
Signature of person promulgating:
Date:


DEFENCE (RESERVE) REGULATIONS

(SECTION 203)
[Commencement 20th September, 1984]

1. These Regulations may be cited as the Defence
(Reserve) Regulations.

2. In these Regulations, unless the context otherwise
requires —

“officer” means any member of the Defence Force of
or above the rank of midshipman.

“warrant officer” means the holder of a warrant
issued under regulation 18.

Terms and Conditions of Service of Officer
3. (1) The officers of the Reserve shall be the

officers appointed to the Reserve by the Minister.
(2) No officer shall be appointed to the Reserve

unless he is a citizen of The Bahamas:
Provided that where the Security Council consider it

necessary, a citizen of any foreign or Commonwealth
Country may be appointed to the Reserve for a specified
period.

4. An officer of the Reserve shall serve in such
rank as the Minister shall from time to time specify.

5. An officer of the Reserve shall serve for such
period as the Minister shall specify after which he may
either resign from the Reserve or, with the approval of the
Minister, remain in the Reserve for such further period as
the Minister may specify if, having regard to the past
performance and medical fitness of the officer, the Minister
decides that he should remain.

6. Regulations 11, 12, 13, 14, and 15 of the Defence
(officers) Regulations shall apply equally to officers of the
Reserve.

S.I. 58/1984

Citation.

Interpretation.

Officers.

Rank.

Period of service.

Retirement,
resignation and
removal.

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