Sports Act 2011


Published: 2011-07-29

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EXTRAORDINARY

OFFICIAL GAZETTE
THE BAHAMAS
PUBLISHED BY AUTHORITY

NASSAU 29'h July, 2011

••• • • ·0

(C)

No. 28 of 2011
SPORTS ACT, 2011

AN ACT TO REPEAL AND REPLACE THE SPORTS ACT

(Date of Assent- 27'h July, 2011)

Enacted by the Parliament of The Bahamas

{ Short title.

This Act may be cited as the Sports Act, 20 11.

2. Interpretation.

In this Act-

"Eiite Athletes Subvention Programme"means the programme designed
by the Government of The Bahamas to assist qualified athletes with
meeting their training and competition expenses;

"Minister" means the Minister responsible for Sports and Recreation;

"National Sports Policy"means the written policy document approved by
the Government of The Bahamas on sports and recreation.

3. Minister corporation sole.

For the purpose of acquiring land and any other property in pursuance of this
Act, the Minister for the time being shall continue to be a corporation sole by the
name of the Minister for Sport, or such other style and title as the Governor-
General may from time to time assign to him, and all property transferred to him
by this Act or which otherwise becomes vested in him shall be held by him in
trust for Her Majesty in right of Her Government of The Bahamas for the
purposes of this Act.

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4. Transfer of benefits.

Upon and by virtue of the appointment of any person to be the Minister having
the responsibil ity for the administration of this Act, the benefit of all deeds,
contracts, bonds, securities and things in action vested in his predecessor at the
time of his predecessor ceasing to hold office shall be transferred to and vested
in and enure for the benefit of the person so appointed in the same manner as if
he had been contracted with instead of his predecessor and as if his name had
been inserted in all such deeds, contracts, bonds or securities instead of the name
of his predecessor.

5. Duties and power of Minister.

(I) It shall be the duty of the Minister-

{a) to advise the government on matters related to affording as a natural
right the opportunity of all Bahamians to pursue sport and physical
recreation;

(b) to partner with recognized sporting groups and educational
institutions to encourage and support the national development of
world class standards in local sports;

(c) to develop property vested in him as a means of furthering national
sports development; and

(d) to facilitate national compliance with the rules and regulations of all
legitimate national and international authorities.

(2) The Minister may designate in accordance with the National Sports Policy
a specific sport as a core sport when such sport meet a specific criteria,
and if in the opinion of the Minister such sport no longer meets the
requisite criteria, the Minister shall withdraw the designation of that sport
as a core sport.

6. Department of Sports.

There shall be a Department of Sports which shall assist the Minister in the
execution of his duties and be responsible for-

( a) the application and enforcement of the National Sports Policy;

(b) complementing and facilitating the efforts of the National Sports
Authority;

(c) the administration of the National Endowment for Sports Fund;

(d) liaising with national federations and associations, sports councils and
commissions;

(e) providing technical and financial support to the Bahamas Anti-doping
Commission;

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(f) the administration of the Elite Athletes Subvention Programme and all
matters relating thereto;

(g) recommending candidates for induction into the National Hall of Fame;

(h) encouraging the promotion, development and co-ordination of competitive
sport and the achievement of excellence in competitive sport;

(i) any other duties relevant to national sports development as determined by
the Minister.

7. Finance.

The Minister shall be responsible for disbursing such sums as may be
appropriated from time to time by Parliament for the purposes of this Act and, in
addition, may receive donations and raise funds by such lawful means as he secs
fit.

8. Recognition of federations.

(I) Subject to the provisions of subsection (2) of this section, the Minister
may by instrument in writing recognise any entity as being the entity
officially representative of the interests of persons practising any
particular sport in The Bahamas .

(2) Before recognising any entity under subsection (I) of this section, the
Minister shall, in accordance with the National Sports Authority, satisfy
himself that the entity-

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(a) by virtue of its membership may properly be considered to be
representative of the majority of clubs engaging in the particular
sport;

(b) is officially recognized by the international goveming body for that
sport;

(c) where applicable, is recognized by the Bahamas Olympic
Committee; and

(d) by its constitution-

(i) has as its primary object the encouragement and fostering of
the sport;

(ii) has as its members only clubs, represented by their nominees,
practising the sport, and requires no other qualification for
membership; and

(iii) is controlled by a governing body, the members of which are
elected in the prescribed manner, at such intervals as the
Minister may approve, from among the members of the
association.

(3) The Minister may at any time cancel any instrument made under
subsection (I) of this section by virtue of which any association is granted
recognition if it appears to him that the association no longer satisfies any
requirement of paragraph (a) or (b) of subsection (2).

( 4) The Ministl!r shall, as he thinks fit, consult with the associations
recognised by him under this section in the exercise of his functions from
time to time under this Act.

9. Power to commemorate persons.

The Minister shall have power to name different parts of any immovable
property vested in him as developed from time to time in honour of persons who
have made donations or who have made special contribution by time and effort
to such development either generally or in some particular respect or who are
outstanding Bahamian sportsmen or sportswomen.

10. Annual Report.

The Minister shall lay upon the Table of each House of Parliament before the
end of March, or as soon as practicable thereafter, in every year a report dealing
with-

(a) the discharge of his responsibilities and duties under this Act; and

(b) a description of immovable property vested in him and its
condition.

11 . Compensation for risk.

(I) The Minister may by Order published in the Gazelle direct that any
sporting organization or class of sporting organizations mentioned by hirn
in such order, shall insure or provide compensation by way of indemnity
for any player or class or description of players who participate in any
sport locally or internationally on behalf of that organization against the
risk of any accidental injuries or death likely to occur to such player in the
course of participation in national team practice or competition locally or
abroad.

(2) Any insurance referred to in subsection (I) shall provide for the payment
of compensation-

( a) to such player for any bodily hurt or injury suffered by him; or

(b) to the dependants of the player in the event of death resulting to him
from such participation.

12. Regulations.

(l) The Minister may make regulations -

(a) prescribing anything required to be prescribed under this Act;

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(b) providing for the rental to sports associations (whether at nominal
or commercial rents) of land or other property vested in the
Minister for sporting purposes, and regulating the terms and
conditions on which any such land or property may be so rented;

(c) generally, for the better carrying out of the provisions of this Act.

(2) The Minister shall, before making any regulations under section l(b),
consult with the recognised association, if any, for that sport.

13. Savings.

Nothing in this Act shall affect-

(a) any right, privilege, obligation or liability acquired, accrued or
incurred under any enactment so repealed;

(b) any thing done under any written law so repealed prior to the
coming into force of this Act unless the contrary intention appears.

14. Repeal.

The Sports Act (Ch. 385) is hereby repealed.

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- ... ... ~,

SPORTS AUTHORITY ACT, 20ll

Arrangement of Sections

Section
I. Short title and commencement. ... ... ..... .. .. ... ..... ...... ..... ..... ........... ..... ...... ........... ..... 2
2. Interpretation ... ......... ..... ........ ..... ........... .. ... .... ............. ................. .. .... .... ... ... .......... 2
3. Establishment of The National Sports Authority ........ .... .. ... .................. .... .... ........ 3
4. Appointment of staff.. ....... .. ...................... ....... ...... .... ........................ ..... .......... ... .. 3
S. Functions of the Authority ..................................................... ... .. ...... ................. ... .3
6. Powers of the Authority .......................... .... ....... ................. .................. .. .. ...... ...... . 4
7. Delegation of power .. .. ... .......... ........... .......... .... ... ... .......... ...... ............. ... ..... .......... 5
8. Minister may give Directions .. ............ ............ .. ....... .. ........ ... ........ .. .... ....... ........ ... 5
9. Power to borrow funds ...... ........ ..... ...................... ....... ......... ........ .......................... 6
I 0. National Sports Fund ... ............. ........ .. ...... ................... ....................... ...... ..... ... ..... 6
11. Accounts .......... ...... ........... ................ ............ .......... ....... .... .... .. ............ ...... ... .. ... .... 7
12 . Regulations .......... .. ... .. .... ............... ................. ...... ... .. ........... ............... .................. 7
13. Exemption from Real Property Tax ........ .. ............... ...... ................. .... ............... ... . 8

SCHEDULE 9