Defence (Regular Force Enlistment and Service) Regulations (The Bahamas)

Defence (Regular Force Enlistment and Service) Regulations

Published: 1984-09-20

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

DEFENCE [CH.211 – 179

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

SECOND SCHEDULE (Regulation 6)

DEFENCE FORCE BOOKS AND FORMS ADMISSIBLE IN EVIDENCE

Serial Book or Form Code or Catalogue 1 Leave pass 10 2 Absentee Register 11 3 Absentee Register (Reserve) 11a 4 Correspondence Register 16 5 Stores Lost or Damaged 126 6 Navigating Officer’s Note Book 140 7 Ship’s Log 141 8 Food Issue and Return 150 9 Victualling Report (Sea) 151 10 Victualling Report (Shore) 152 11 Coral Harbour Galley Statement 153 12 Armament and Magazine Log 180 13 Duty Watch Log 209 14 Keyboard Log 210 15 Transport Log 220 16 Report of Collision and Grounding 232 17 Record of Investigation Forms 241-247 18 Delay Report Forms 248-249 19 Engine Log 2026 20 Planned Maintenance Card 2027

DEFENCE (REGULAR FORCE ENLISTMENT AND SERVICE) REGULATIONS

(SECTION 205) [Commencement 20th September, 1984]

1. These Regulations may be cited as the Defence (Regular Force Enlistment and Service) Regulations.

S.I. 43/1984 5 of 1988 S.I. 34/1988

Citation.

CH.211 – 180] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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

“Commanding Officer” means, in relation to a marine, the officer for the time being commanding the unit with which the marine is serving;

“enlisted” means enlisted to serve in the regular Force and “enlist” shall be construed accordingly; and

“warrant officer” means the holder of a warrant issued under regulation 16.

3. No person shall, without the approval of the Minister, be enlisted unless he is a citizen of The Bahamas.

4. All commissioned officers of the regular Force may act as recruiting officers.

5. The form of Notice set out in the First Schedule, or a form substantially to the like effect, shall be the notice to be given, in accordance with subsection (1) of section 16 of the Act, to a person offering to enlist (hereinafter called “the applicant”) and the form of Attestation set out in the First Schedule, or a form substantially to the like effect, shall be used for the purposes of attestation.

6. (1) The recruiting officer, after the applicant has been given a notice paper, shall satisfy himself that the applicant understands the contents of the notice paper and the conditions of engagement upon which he is about to enter and he shall warn the applicant that if he knowingly makes any false answers to the questions in the attestation paper which are to be put to him, he will be liable to be punished as provided by the Act.

(2) The recruiting officer shall satisfy himself that the applicant is not under the age of eighteen years.

(3) The recruiting officer shall read or cause to be read to the applicant the questions set out in the attestation paper and shall ensure that the answers are duly recorded thereon.

(4) The recruiting officer shall then ask the applicant to make and sign the declaration set out in the attestation paper as to the truth of the answers and shall administer to him the oath of allegiance set out in the attestation paper:

Provided that if the applicant objects to being sworn and states as a ground for his objection either that he has

Interpretation.

Eligibility of marines.

Recruiting officers.

Forms.

First Schedule.

Method of attestation.

DEFENCE [CH.211 – 181

no religious belief or that the taking of an oath is contrary to his religious belief, or if it is not reasonably practicable to administer an oath to him in the manner appropriate to his religious belief, the applicant shall be required to make a solemn affirmation instead of taking the oath.

(5) Upon signing the declaration in the attestation paper and upon taking the oath, or as the case may be, making a solemn affirmation, the applicant shall become a marine and subject to the Act.

(6) The recruiting officer shall by signature confirm on the attestation paper that the requirements of the Act and these Regulations have been duly complied with and shall deliver the attestation paper duly dated to Commander Defence Force who shall on receiving the attestation paper, sign it in the appropriate place and thereby signify that the applicant is finally approved for service:

Provided that Commander Defence Force shall not so act without the approval of the Minister.

(7) The marine, on being finally approved for service, shall be entitled to receive a certified true copy of the attestation paper.

7. (1) Subject to regulation 15, a marine shall, unless the Minister in a special case otherwise directs, be enlisted in the rank of recruit.

(2) On satisfactory completion of his initial training period a marine who entered as a recruit shall be promoted to marine seaman or marine mechanic.

(3) Further promotion shall be as laid down by the Minister.

(4) No person shall have an absolute right to promotion to substantive or acting rank.

8. Commander Defence Force shall be the competent authority —

(a) pursuant to section 18 of the Act, for approving the re-engagement, or continuation in service, in the regular Force of a warrant officer or marine; and

(b) pursuant to subsection (3) of section 20 and sections 23 and 24 of the Act, for authorising the discharge of a marine:

Provided that Commander Defence Force shall not act under sub-paragraph (a) or (b) without the approval of the Minister.

Rank and promotion.

Competent Authorities.

CH.211 – 182] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

9. A marine on enlistment shall be appointed to a unit in the regular Force and may be transferred from one unit to another.

10. The term of service for which in accordance with section 17 of the Act a person may enlisted, or re- enlisted after a break in service, in the regular Force, shall be a term of 3 or 5 years, as the case may be, or such other term as may be authorised specifically or generally by the Minister. A person re-enlisting after a break in service may be permitted to count former service for any or all purposes as authorised by the Minister.

11. (1) A warrant officer or marine may, subject to the approval of the Minister, and in a manner set out in the Form in the Second Schedule, from time to time re-engage for any period in the regular Force, beginning on the expiration of his then current engagement but so that a total period of twenty-five years pensionable service in the regular Force shall not be exceeded.

(2) Notwithstanding anything in paragraph (1), a warrant officer or marine of the regular Force who at any time has completed twenty-five years of pensionable service may, in accordance with section 18 of the Act, be granted further yearly extensions of service in the regular Force until he attains the age of fifty-five.

12. A marine may be discharged from the regular Force by order of the competent authority on any of the following grounds —

(a) defect in enlistment procedure; (b) false answer on attestation; (c) final approval of attestation withheld; (d) failure to complete training satisfactorily; (e) by purchase under section 24 of the Act; (f) conviction by a civil court on a charge which, in

the opinion of the competent authority, renders it undesirable for him to continue serving as a marine;

(g) misconduct or indiscipline or inefficiency; (h) on implementation of a sentence of a court-

martial or commanding officer; (i) services no longer required;

Terms of enlistment.

Transfer between units.

Re-engagement.

Second Schedule.

Discharge.

DEFENCE [CH.211 – 183

(j) mentally or physically unfit for service; (k) at the request of a marine, on compassionate or

other personal grounds; (l) completion of engagement; (m) subject to paragraph (e), on six (6) months’

notice by a person who has served in the Defence Force for a period of twenty-five (25) years or less; and

(n) on three (3) months’ notice by a person who has re-enlisted in the Defence Force after twenty- five (25) years service.

13. The particulars to be contained in a certificate of discharge shall be —

(a) name, including christian or forenames; (b) pay number; (c) date and place of enlistment; (d) physical description of warrant officer or marine

while in the regular Force; (e) rank of warrant officer or marine on leaving the

regular Force; (f) assessment of character during his service in the

regular Force; (g) date of discharge; (h) reason for discharge; (i) total time spent in the regular Force on

discharge; and (j) signature of Commander Defence Force. 14. For the purposes of section 22 of the Act, the

Commander of the Defence Force, with the approval of the Minister, is authorised to reduce in rate chief petty officers, petty officers and leading rates in cases of inefficiency or unsuitability.

15. If immediately prior to his enlistment under these Regulations a person has been continuously serving as a warrant officer or marine of the Defence Force, his service shall for all purposes be deemed to have commenced on the date he entered the Defence Force or, if immediately prior to so serving in the Defence Force and prior to 1st May, 1980 he had a continuous period of full-time paid service in the Marine Division of the Royal Bahamas Police Force, the date that period started, and he shall continue to serve in the rank he had attained on enlistment.

Discharge certificate.

Reduction in rank of certain Marines.

Persons who entered Defence Force before coming into force of these Regulations.

CH.211 – 184] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

16. (1) A warrant in the form set out in the Third Schedule shall be signed by the Chairman and one other member of the Security Council and shall be issued to every person appointed to the substantive rate of Force chief petty officer.

(2) The Security Council may terminate a warrant officer’s warrant for inefficiency or unsuitability and he shall thereupon revert to the rate of chief petty officer.

FIRST SCHEDULE (Regulations 5 and 6)

THE ROYAL BAHAMAS DEFENCE FORCE (REGULAR FORCE)

NOTICE PAPER

NOTICE TO BE GIVEN UNDER SECTION 16 OF THE DEFENCE ACT, TO A PERSON OFFERING TO ENLIST IN THE ROYAL BAHAMAS DEFENCE FORCE (REGULAR

FORCE) This paper sets out the questions you will be required to

answer before the officer who will attest you for the regular Force, and the general conditions of the various engagements.

Under the provisions of sections 27 and 67 of the Defence Act, if any person knowingly makes a false answer to any question contained in the attestation paper he is liable to punishment.

QUESTIONS TO BE PUT TO THE RECRUIT BEFORE ENLISTMENT:

1. What is you full name? 2. What is your address? 3. State day, month and year of your birth. 4. Where were you born? 5. What is your nationality now? 6. What was the nationality at birth of —

(a) yourself? (b) your father? (c) your mother? (d) your husband/wife?

7. Are you single, married, widowed, divorced? 8. How many children are dependent on you?

Warrant officers. Third Schedule.

S.I. 34/1988.

5 of 1988, s. 6.

S.I. 34/1988.

5 of 1988, s. 6.

DEFENCE [CH.211 – 185

9. What is your occupation? 10. Do you belong to, or have you ever served in any naval,

military or air force or in any police force? If so, state which and the periods of service and the reasons for and dates of discharge.

11. Have you ever been dismissed or discharged for misconduct from any naval, military or air force or from any police force or other Government service?

12. Have you truly stated the whole, if any, of your previous service?

13. Have you at any time been found guilty by any civil court of any offence? If so, give particulars.

14. Have you ever been rejected for service in any naval, military or air force or in any police force? If so, on what grounds?

15. Are you willing to be inoculated and re-inoculated and to have your fingerprints taken?

16. Have you received a notice paper setting out the questions to be answered on attestation and the general conditions of the engagement to be entered into, and do you understand the contents of the notice paper and wish to be enlisted?

17. Are you willing to serve in the regular Force for a term of ........ years or until ..............provided that your services are no longer required? You will be required to make the following declaration, “I.......................……………………..................do solemnly declare that the above answers made by me to the above questions are true, and that I am willing to fulfill the engagement made.” On signing the declaration and taking the oath or making a solemn affirmation you will become a marine of the regular Force subject to service law under the Defence Act.

18. Do you understand that you will be initially enlisted as a Marine Recruit in the regular Force subject to your ability, conduct, character, fitness and response to training and that you will be assessed by examination during your training and that if you do not meet the required standards of the Royal Bahamas Defence force you will be discharged from the Royal Bahamas Defence Force?

19. Are you willing to submit to a medical examination to provide a specimen of urine whenever reasonably required to do so in the interests of defence?

20. Are you willing, and do you hereby give authority, for any medical officer of the Royal Bahamas Defence Force to disclose to the Commander Defence Force his diagnosis and

S.I. 34/1988.

CH.211 – 186] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

prognosis of any medical illness from which you may be suffering, and do you agree that this authority is valid for the entire period during which you are a member of the Royal Bahamas Defence Force?

21. Do you understand that if you unlawfully use or possess any drug you are liable to be summarily dismissed from the Royal Bahamas Defence Force?

22. Do you understand that members of the regular Force are not allowed to engage directly or indirectly in any employment, profession, trade, business or occupation other than in service in the Defence Force?

General Conditions of Engagement. 1. You will be required to engage to serve in the regular

Force for such time as is agreed on attestation, provided that your services are so long required.

You will be liable to serve in the Commonwealth of The Bahamas but may be ordered to serve outside or beyond the Commonwealth of The Bahamas.

2. You may engage to serve for a term of 3 or 5 years in the regular Force when any of these terms of service are currently open, or for such term as may be authorised specifically or generally by the Minister.

3. You may not enlist unless you have reached the age of eighteen years.

4. At any time within six months prior to your completion of an engagement in the regular Force, you may apply to serve for further terms in the regular Force until you have completed a continuous period of twenty-five years in the regular Force.

5. After you have completed twenty-five years in the regular Force, you may apply to continue to serve in the regular Force and may under special circumstances be granted further yearly extensions of service in the regular Force and during such continued service you may give three months’ notice to claim your discharge.

6. If immediately before the time you enlist you had been serving in either — (a) The Defence Force; or (b) The Defence Force immediately preceded (and before 1st

May, 1980) by service in the Marine Division of The Royal Bahamas Police force,

you will be entitled to count your prior continuous service in those forces in computing the period of your service in the regular force referred to in paragraphs 3, 4 and 5 and for computing your pension, and you will continue to serve in the rank you had attained on the date of your enlistment.

S.I. 34/1988.

DEFENCE [CH.211 – 187

7. Unless paragraph 6 applies, you will be enlisted in the rate of recruit, or such other rate as may be approved by the Minister, and if you enlisted as a recruit you will be advanced to marine seaman or marine mechanic on satisfactory completion of your initial training period; further promotion will depend on professional qualifications and vacancies in the establishment but if you had prior service in any other naval or military force or Police Force or other Government service, such service will be considered.

8. When you have been attested you will be subject to the provisions of the Defence Act, or any Act repealing and replacing the same for the time being in force, and you will be required to carry out whatever duties may be ordered by those in authority over you. You will be liable to the punishments authorised under the Defence Act for both service offences and criminal offences under the ordinary laws of The Bahamas. In particular, you will have no right to terminate your period of enlistment prematurely except as stated in paragraph 11 below and to attempt to do so would render you liable to punishment up to and including imprisonment.

9. No guarantee can be given that you will be employed on any particular duties but where you were enlisted with a view to performing particular duties or to being trained in a particular trade, you will be employed on these duties or, as the case may be, trained and employed in that trade, so far as the requirements of the regular Force permit.

10. Where you are enlisted with a view to being employed on particular duties or in a particular trade and through no fault of your own you fail to qualify or are unable to be employed on those duties or in that trade, except for periods of limited duration, you may apply for discharge which will be granted to you so long as the requirements of the regular Force permit. Employment in a trade depends on passing a specified trade test and there being a vacancy in the trade.

11. If you are entering the regular Force for the first time, you will be entitled to claim your discharge subject to sections 19 and 24 of the Defence Act, at any time within three months of your attestation on payment of a sum not exceeding two hundred dollars to be fixed from time to time by Commander Defence Force; thereafter you may apply for your discharge on giving six months notice if you have servied for a period of more than three months but less than twenty five years.

12. In computing your service for the purpose of discharge or re-engagement, periods during which you have been away from your duty because of imprisonment, detention, desertion or absence without leave exceeding twenty eight days will be excluded.

13. You may be discharged at any time during your engagement by order of a competent authority as a result of irregularities concerning your enlistment, for misconduct, for unfitness on medical grounds or for the benefit of the Defence Force.

CH.211 – 188] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14. If at the time when your term in the regular Force expires there is a state of war, insurrection or hostilities, or a public emergency, you may be retained and your service prolonged for such further period as a competent authority may direct.

15. If at the time you are due to be discharged you are liable to be proceeded against for an offence against service law, your discharge will be postponed until after the proceedings have been conducted.

ATTESTATION PAPER TO BE USED TO ENLIST A PERSON IN THE BAHAMAS DEFENCE FORCES

(REGULAR FORCE) QUESTIONS TO BE PUT TO THE RECRUIT BEFORE

ENLISTMENT: Q. 1. What is your full name? A. …............................................................................................ Q. 2. What is your address? A. ..……...................................................................................... Q. 3. State day, month and year of your birth. A. ..........….................................................................................. Q. 4. Where were you born? A. ................................................................................................ Q. 5. What is your nationality now? A. ................................................................................................ Q. 6. What was the nationality at birth of —

(a) yourself?................……………....................................... (b) Your father?..……............................................................ (c) your mother?.................................................................... (d) Your husband/wife?.........................................................

Q. 7. Are you single, married, widowed, divorced? A. ....................................…........................................................ Q. 8. How many children are dependent on you? A. .........................................…................................................... Q. 9. What is your trade or occupation? A. ..............................................….............................................. Q. 10. Do you belong to, or have you ever served in any naval,

military or air force or in any police force? If so state which and the periods of service and the reasons for and dates of discharge.

A. ……........................………………………………………… …………………...................................................................

DEFENCE [CH.211 – 189

Q. 11. Have you ever been dismissed or discharged for misconduct from any naval, military or air force or from any police force or other Government service?

A. ................................................................................................ Q. 12. Have you truly stated the whole, if any, of your

previous service? A. .....................……................................................................ Q. 13. Have you at any time been found guilty by any civil

court of any offence? If so, give particulars. A. ................................................................................................ Q. 14. Have you ever been rejected for service in any naval,

military or air force or in any police force? If so, on what grounds?

A. ............................................................................................. Q. 15. Are you willing to be inoculated or re-inoculated and to

have your fingerprints taken? A. ................................................................................................ Q. 16. Have you received a notice paper setting out the

questions to be answered on attestation and the general condition of the engagement to be entered into, and do you understand the contents of the notice paper and wish to be enlisted?

A. ................................................................................................ Q. 17. Are you willing to serve in the regular Force provided

the Minister shall so long require your services for a term of ........... years in the service?

A. ….................................................................................…...... Q. 18. Do you understand that you will be initially enlisted as

a Marine Recruit in the regular Force subject to your ability, conduct, character, fitness and response to training and that you will be assessed by examination during your training and that if you do not meet the required standards of the Royal Bahamas Defence Force you will be discharged from the Royal Bahamas Defence Force?

A. ….................................................................................…...... Q. 19. Are you willing to submit to a medical examination or

to provide a specimen of urine whenever reasonably required to do so in the interests of defence?

A. ….................................................................................…...... Q. 20. Are you willing, and do you hereby give authority, for

any medical officer of the Royal Bahamas Defence Force to disclose to the Commander Defence Force his diagnosis and

S.I. 34/1988.

Insert number of years.

S.I. 34/1988.

CH.211 – 190] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

prognosis of any medical illness from which you may be suffering, and do you agree that this authority is valid for the entire period during which you are a member of the Royal Bahamas Defence Force?

A. ...………................................................................................. Q. 21. Do you understand that if you unlawfully use or possess

any drug you are liable to be summarily dismissed from the Royal Bahamas Defence Force?

A. ………………........................................................................ Q. 22. Do you understand that members of the regular Force are

not allowed to engage directly or indirectly in any employment, profession, trade, business or occupation other than in service in the Defence Force?

A. ................................................................................................ SOLEMN DECLARATION.

I, …...................................... do solemnly declare that the above answers made by me to the above questions are true, and that I am willing to fulfil the engagement made. ...................................................................................................... (Date) (Signature of Applicant) ......................................................................................................

(Signature of Attesting Officer) (Rank) OATH OR AFFIRMATION TO BE TAKEN BY APPLICANT

ON ATTESTATION I,..........................………………………….................../swear by Almighty God/do solemnly, sincerely and truly declare and affirm/that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law, and that I will, as in duty bound, honestly and faithfully defend the Commonwealth of The Bahamas against all enemies, and will observe and obey all lawful orders of Commander Defence Force and of the officers, warrant officers and marines set above me.

CERTIFICATE OF ATTESTING OFFICER I certify that the applicant has received a copy of the Notice Paper and I have taken care that he understands each question on the Attestation Paper and the answer to each question has been entered. I have satisfied myself that he is not below the age of eighteen and that he is eligible for enlistment. The applicant made and signed the Declaration and took the Oath before me on ……………………………..…………………………………... (Date) (Signature of Attesting Officer)

..................................... (Rank)

S.I. .34/1988.

DEFENCE [CH.211 – 191

APPROVAL BY COMMANDER DEFENCE FORCE The above applicant is approved for enlistment in the regular Force. ...................................................................................................... (Date) (Signature of Commander Defence Force)

SECOND SCHEDULE (Regulation 2) RE-ENGAGEMENT PAPERS

I,.................……………………................, do hereby re-engage to continue and serve as ........…………………........................... in the Force established under the Defence Act for a further period of three/five years or until .………….................... day of ...............……..... under and subject to the provisions of the said Act and of any rules, regulations and instructions made thereunder. ......................................................................................................

Signature Dated this .............................. day of .......................... 19............ ............................................... Signature of Witnessing Officer

........................................... Approved Commander Commander Defence Force

THIRD SCHEDULE (Regulation 16) FORM OF WARRANT TO WARRANT OFFICER

(FORCE CHIEF PETTY OFFICER) WARRANT

The National Security Council To ................................................................................................. By virtue of Authority granted to us under the Defence Act, we do hereby Constitute and Appoint you the said................... to be a Warrant Officer in the Royal Bahamas Defence Force from the ....………..... day of ..……......., 19 .... and to continue in the said Office during the pleasure of the National Security Council. You are therefore carefully and diligently to discharge your duty as such by doing and performing all manner of things thereunto belonging, as required by or under the Defence Act, or any regulations made thereunder, and you are to observe and follow lawful orders and directions as you shall receive from your Commanding Officer or any other Superior Officer.

5 of 1988, s.6.

CH.211 – 192] DEFENCE

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

GIVEN under our Hand this ............... day of................ 19 ........ ..................................................

CHAIRMAN NATIONAL SECURITY COUNCIL

.................................................. MEMBER

NATIONAL SECURITY COUNCIL

DEFENCE (PAY) REGULATIONS

(SECTION 205) [Commencement 20th September, 1984]

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

2. (1) In these Regulations, unless the context other- wise requires and subject to paragraph (2) —

“officer” means a member of the Defence Force of the rank of midshipman or above;

“pay” includes basic pay, technical qualification pay, additional qualification pay and hazard and general allowances;

“rank” for the purposes of pay, shall include acting rank;

“warrant officer” has the same meaning as in the Defence (Regular Force Enlistment and Service) Regulations and the Defence (Reserve) Regula- tions.

(2) References in these Regulations to officers, warrant officers and marines do not include a person serving in the Defence Force by virtue of a contract between that person and the Government of The Bahamas.

3. Except in such exceptional cases as may be approved by the Minister, no claims shall be admitted for pay or other pecuniary advantage granted by these Regulations relating to any period more than six years before the date of the claim.

S.I. 45/1984

Citation.

Interpretation.

Time barred claims.