Residential Care Establishments Act


Published: 2005-07-01

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Residential Care Establishments Act
RESIDENTIAL CARE ESTABLISHMENTS [CH.235A – 1


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LOTTERIES AND GAMING
CHAPTER 235A

RESIDENTIAL CARE ESTABLISHMENTS

LIST OF AUTHORISED PAGES

1 – 21 LRO 1/2006



ARRANGEMENT OF SECTIONS


SECTION

1. Short title.
2. Interpretation.
3. Establishment of Authority.
4. Functions of Authority.
5. Registration of residential care establishments.
6. Penalty for operating an establishment without being registered.
7. Qualifications for registration as an operator.
8. Establishment must have an Administrator.
9. Licences.
10. Transfer of a licence.
11. Variation of a licence.
12. Transfer or variation to be endorsed on licence.
13. Failure to renew licence or certificate of registration.
14. Existing residential care establishments.
15. Register to be kept.
16. Records of residential care establishments to be kept.
17. Publication of register.
18. Notice of failure to comply with Act.
19. Suspension and revocation of licence.
20. Appeal.
21. Power of Minister to suspend operation.
22. Fees.
23. Employees of establishments.
24. First Aid and fire equipment.
25. Admission of persons.
26. Supervision of persons.
27. Protection and care of residents.
28. Appointment of inspectors.
29. Obligation of staff to cooperate with inspectors.
30. Health inspection.
31. Funds and Resources of the Authority.
32. Accounts and Audits.
33. Annual Report.
34. Regulations.
35. Penalty where no express penalty.
36. The Crown.
37. Non-derogation from certain Acts.

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SCHEDULE
CONSTITUTION AND PROCEDURE OF THE AUTHORITY
Constitution and procedure of Authority.
Tenure of members.
Chairman.
Resignation.
Removal.
Vacancies and acting appointments.
Gazetting of appointments. Seals, etc.
Interest of member.
Procedures of meeting.
Validity of decisions of Authority.
Committees.
Protection of members.


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CHAPTER 235A

RESIDENTIAL CARE ESTABLISHMENTS


An Act to provide for the establishment of a

residential care establishments licensing authority
responsible for the regulation and licensing of operators
of residential care establishments and for purposes
connected therewith.

[Assent 3rd December, 2004]
[Commencement 1st July, 2005]

1. This Act may be cited as the Residential Care
Establishments Act.

2. In this Act —
“Administrator” means the person responsible for the

day to day operation and management of a
residential care establishment;

“Authority” means the Residential Care
Establishments’ Licensing Authority
established under section 3;

“Minister” means the Minister responsible for care
facilities;

“operator” means a person entitled to be issued a
licence to operate a residential care
establishment under section 9 of the Act;

“register” means the register of residential care
establishments kept by the Authority in
accordance with section 15;

“residential care services” includes assistance with
daily living and the provision of social and
emotional support programmes by the operator
of the facility; and

“residential care establishment” includes —
(a) any facility, including a private home,

operated by a person who receives
compensation for the provision of
residential care services for five residents
or more;

24 of 2004.

S.I. 32/2005.

Short title.

Interpretation.

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(b) an establishment which provides
residential care services for compensation
to persons in need of care by reason of old
age, disablement, social dislocation or a
past or present dependence on alcohol or
drugs;

(c) any charitable or non-charitable
establishment for the provision of
residential care services for children and
young persons, persons of old age, persons
suffering from social dislocation or
disability and persons dependent on drugs.

3. (1) There is hereby established a body to be
called the Residential Care Establishments’ Licensing
Authority.

(2) The Authority shall be a body corporate with
perpetual succession and a common seal, with power to
acquire, hold and dispose of land and other property of
whatever kind and to sue and be sued.

(3) The First Schedule shall have effect with respect
to the constitution and procedure of the Authority and
otherwise in relation thereto.

4. The functions of the Authority are —
(a) to register buildings as residential care

establishments;
(b) to register operators and administrators of

residential care establishments;
(c) to regulate residential care establishments;
(d) to appoint suitable persons, (not being persons

engaged in the management of residential care
establishments) to be inspectors for the purposes
of this Act;

(e) to govern and regulate the conduct of operators
and employees of residential care
establishments;

(f) to issue licences to operators of residential care
establishments under this Act;

(g) to establish standards of qualifications for
operators and employees of residential care
establishments; and

(h) to do such other things as may be prescribed by
this Act or any other written law.

Establishment of
Authority.

First
Schedule.

Functions of
Authority.

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5. (1) No person shall operate a residential care
establishment unless that residential care establishment is
registered under this Act.

(2) The Authority may, upon application in the
prescribed manner and —

(a) on being satisfied that the premises on which the
residential care establishment would be
operating is fit for that purpose;

(b) on being satisfied that all emergency, medical
and disaster plans are in place in the residential
care establishment;

(c) on being satisfied that the residential care
establishment would operate in a manner that is
in the best interest of the public’s safety; and

(d) upon payment of the prescribed fee,
grant to the applicant a certificate of registration in the
prescribed form to use a building as a residential care
establishment.

(3) A certificate of registration issued in respect of a
residential care establishment shall be displayed in a
conspicuous place in that residential care establishment.

(4) A certificate of registration issued under this Act
shall, unless sooner suspended or revoked, be valid for two
years from the date of the grant of the certificate.

(5) Application for renewal of a certificate of
registration shall be made in the prescribed form and not
later than thirty days before the date of the expiration
thereof.

(6) The Authority may upon application in the
prescribed manner and on being satisfied of the conditions
in section 5(2) grant a renewal of the certificate of
registration.

(7) Where the Authority refuses an application for
renewal for registration, the Authority shall within seven
days from the date of such refusal give written notice to the
applicant stating the reasons therefor.

6. (1) No person shall operate a residential care
establishment without being duly registered under this Act.

(2) A person who contravenes subsection (1)
commits an offence and is liable on summary conviction to
a fine not exceeding two thousand five hundred dollars and

Registration of
residential care
establishments.

Penalty for
operating an
establishment
without being
registered.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

where the offence continues after conviction, the person
commits a further offence and is liable to a further fine of
one hundred dollars for every day upon which such offence
continues.

7. (1) A person who applies to the Authority to be
registered as an operator of a residential care establishment
and who satisfies the Authority that —

(a) the applicant and every person to be employed
by the applicant is eighteen years of age or over;

(b) the applicant or a person employed by the
applicant is not by reason of age or otherwise
incapable of operating or being employed in a
residential care establishment;

(c) the applicant or any of the employees are fit and
proper, that is to say —

(i) they have not been convicted of any
offence against this Act;

(ii) they have not been convicted of any
offence under the Sexual Offences and
Domestic Violence Act;

(iii) they have not been convicted of any
offence within the last five years of which
violence, dishonesty or drug abuse is an
element:

Provided that in the case of a person
who has completed a rehabilitative
programme and is employed in the
residential care establishment where the
rehabilitative programme was conducted;
such person should not have been
convicted of any offence within the last
two years of which violence, dishonesty or
drug use is an element;

(iv) in the case of a body corporate, none of its
directors have been convicted of any
offence as mentioned in this paragraph;

(v) the Authority is satisfied as to the
character, antecedents or competence of
the applicant; and

(d) the applicant is qualified to be so registered,
is entitled, upon compliance with this Act and on payment
of the prescribed fee, to be registered under this Act.

Qualifications for
registration as an
operator.

Ch. 99.

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(2) For the purposes of subsection (1)(d), a person is
qualified to be registered as an operator of a residential care
establishment if that person has not been disqualified or
suspended from operating a residential care establishment
whether within or outside The Bahamas and —

(a) there is evidence that the operator, or in the case
where the operator is a body corporate, the
Administrator has satisfactory training or
experience in providing care for the residents of
the establishment as may be prescribed;

(b) he is a citizen of The Bahamas or a permanent
resident of The Bahamas whose permanent
residence certificate permits him to engage in
gainful occupation.

(3) An application for registration under this section
shall be made in the prescribed form and an applicant shall
furnish to the Authority —

(a) evidence of his qualification, or in the case of a
body corporate, evidence of the qualifications of
the Administrator;

(b) proof of his identity; and
(c) such further or other information as the

Authority requires in respect of the matters
specified in paragraphs (a) — (d) of subsection
(1).

(4) A registration under this section shall be known
as the first registration, and the fee payable in respect
thereof shall be known as the first registration fee.

(5) Where a person qualifies under this section, the
Authority shall enter the person’s name on the register kept
under section 15.

(6) Where the Authority refuses to approve the
registration of a person under this Act, the Authority shall
within seven days from the date of such refusal give
written notice to the applicant stating the reasons therefor.

(7) Where it appears to the Authority that an
applicant for registration is not qualified under this section,
the Authority may, upon payment of the prescribed fee
issue to that person a provisional licence subject to such
conditions as the Authority may determine which shall
entitle him to operate an establishment as he would have
been entitled to do if he had been registered and licensed in
accordance with the Act.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

(8) A provisional licence shall, unless it is sooner
cancelled, remain in force for a period, not exceeding one
year.

(9) The Minister shall cancel a provisional licence
at any time on the direction of the Authority.

8. (1) Every residential care establishment shall
have at all times an Administrator whose name shall be
registered with the Authority.

(2) Every Administrator shall possess such
qualifications as may be prescribed by regulations and such
regulations may contain different qualifications for
Administrators of different residential care establishments.

9. (1) Every person registered as an operator of a
residential care establishment shall upon application in the
prescribed manner and on payment of the prescribed fee,
be entitled to have issued to him by the Authority a licence,
and every person holding such a licence shall display the
licence in a prominent place in that person’s place of
business.

(2) A licence shall take effect on the date specified
in the licence and shall be valid for two years from that
date unless otherwise suspended or revoked.

(3) The Authority may, upon application in the
prescribed manner, on being satisfied that the residential
care establishment was previously operated in accordance
with the Act, on payment of the prescribed fee, renew a
licence.

(4) Where a licence has been lost, destroyed or
mutilated, it may be replaced by the Authority by the issue
of a copy thereof upon application by the holder of the
licence and on payment of the prescribed fee.

10. (1) Where a licensee dies or divests himself of
his interest in the business of a residential care
establishment in respect of which a licence was granted,
the Authority may, upon application made by any person
claiming the right to succeed to that licence as the operator
of a residential care establishment, and upon payment of
the prescribed fee, transfer the licence to that person
subject to such terms and conditions as the Authority may
think fit to impose.

(2) Any person to whom a licence is transferred
under subsection (1), must satisfy the Authority that he is a

Establishment
must have an
Administrator.

Licences.

Transfer of a
licence.

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fit and proper person to operate a residential care
establishment and of all the other requirements under this
Act.

(3) Before transferring a licence under this section
the Authority shall, where practicable, give to the licensee
or, as the case may be, to his legal personal representative a
reasonable opportunity to make any representations that he
may wish to make in relation to that application, and shall
take into account any representations so made by him or on
his behalf.

11. (1) The Authority may at any time, upon written
application made by a licensee or of its own motion, vary
any of the terms or conditions of a licence.

(2) The Authority shall in varying any term or
condition of a licence take into account any representations
made to it by the licensee or on his behalf and shall not
vary such term or condition of its own motion without first
giving to the licensee a reasonable opportunity to make
such representations.

12. A transfer of a licence or variation of any term
or condition of a licence made by the Authority under
sections 10 or 11 shall be endorsed on the licence, together
with the date when it was made by the Authority and the
date when it is to take effect.

13. Where an operator of a residential care
establishment fails to renew his licence or his certificate of
registration within two months from the date of expiration
thereof, that residential care establishment shall be deemed
not registered for the purposes of this Act until such time
as the operator has complied with sections 5 and 9.

14. (1) A person who, on the date of commencement
of this Act, is the operator of a residential care
establishment shall apply in the prescribed manner to the
Authority within nine months after that date —

(a) to be registered as an operator of a residential
care establishment;

(b) to have the residential care establishment
registered;

(c) to be issued with a licence pursuant to this Act.
(2) Where an application is made pursuant to

subsection (1), the operation of a residential care
establishment to which the application relates may be
continued pending the determination of the application.

Variation of a
licence.

Transfer or
variation to be
endorsed on
licence.

Failure to renew
licence or
certificate of
registration.

Existing
residential care
establishments.

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(3) The Authority shall within ninety days after the
receipt of an application made pursuant to subsection (1),
make a determination in respect of that application and if
no determination is made within the ninety day period and
the applicant is duly qualified for registration under section
7, that residential care establishment shall be deemed to be
duly registered and licensed for one year from the date of
the application.

15. The Authority shall keep a register which shall
consist of the names of all licensed operators, the
Administrators and the names of the residential care
establishments which they operate and shall cause to be
entered therein from time to time, in respect of every
residential care establishment any operator registered in
accordance with the provisions of this Act, and the
particulars specified in this Act for registration.

16. The Administrator of a residential care
establishment shall keep or cause to be kept —

(a) a register of residents in which shall be recorded
the name, age, former place of abode and next of
kin of each resident within the residential care
establishment;

(b) medical records of each resident;
(c) proper records showing the business conducted

by the Administrator in respect of that
residential care establishment;

(d) a log book recording the day to day activities of
the establishment; and

(e) such other records as may be prescribed by the
Minister.

17. (1) The Authority shall cause the register under
section 15 to be published in the Gazette as soon as
practicable after the expiration of ninety days after the
commencement of this Act.

(2) In each year after the register is published under
subsection (1), the Authority shall cause to be published in
the Gazette as aforesaid a corrected edition of the register
or a list with additions made to the register since it was last
published.

(3) The Authority shall keep the register open at all
reasonable times for inspection by members of the public.

Register to be
kept.

Records of
residential care
establishments to
be kept.

Publication of
register.

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18. (1) Where the Authority considers that an
operator registered under this Act has failed or is failing to
operate a residential care establishment in accordance with
the licence or the Act, the Authority may give written
notice to the operator registered specifying in what respect,
in the opinion of the Authority, the operator failed or is
failing to comply with the requirements of the licence or
the Act.

(2) The Authority may, upon giving notice pursuant
to subsection (1), impose any conditions it deems
necessary and specify any time period for which such
conditions must be met.

19. (1) The Authority may at any time, by order
suspend or revoke as the case may be, the licence of a
residential care establishment —

(a) if the respective holder of the licence has been
convicted of an offence under this Act, or
willfully neglects or refuses to comply with any
of the provisions of this Act;

(b) if in the opinion of the Authority, the building of
the residential care establishment is kept in an
unsanitary condition or without proper fire
protection;

(c) if the business of the residential care
establishment is conducted in a manner contrary
to this Act, or in such a manner that the
revocation of the licence is required in the
interest of the public health or public safety; or

(d) where the Authority receives complaints
regarding the care of residents within that
residential care establishment and is satisfied
upon investigation that such complaints are
legitimate.

(2) Before making an order under subsection (1),
the Authority shall give to the operator not less than
fourteen days notice of its intention to make an order, and
that notice shall state the grounds on which the order is to
be made and shall contain a statement that, if within
fourteen days after receipt of the notice, the person
registered informs the Authority in writing that he desires
to do so, the Authority will before making the order, give
the operator an opportunity to show cause, in person or by
a representative why the order should not be made.

Notice of failure
to comply with
Act.

Suspension and
revocation of
licence.

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(3) If the Authority after giving the person
registered an opportunity to be heard by it, decides to
suspend or revoke the licence, the Authority shall make an
order to that effect and shall send a copy of the order to the
licensee.

(4) Upon making an order under subsection (1), the
Authority may when necessary, in conjunction with the
operator of the residential care establishment, make
arrangements for the placement, temporary or otherwise of
the residents of the residential care establishment.

20. (1) A person aggrieved by —
(a) a decision of the Authority to refuse to grant,

renew, transfer, or vary a term or condition of a
licence;

(b) any other decision of the Authority in the
exercise or purported exercise of any power or
authority conferred upon it by this Act,

may appeal to a judge of the Supreme Court by giving
notice of appeal in writing to the Registrar of the Supreme
Court and to the Authority within fourteen days of the
decision of the Authority, and such notice of appeal shall
be given, and such appeal shall be heard and determined, in
accordance with rules made under the provisions of the
Supreme Court Act, and the Authority shall give effect to
any order made by the Supreme Court on any such appeal.

(2) An appeal under subsection (1) shall not operate
as a stay of the decision of the Authority.

21. (1) Notwithstanding sections 19 and 20, the
Minister acting on the advice of the Authority that a
residential care establishment is operating in a manner that
is detrimental to the public health or public safety, may by
order published in the Gazette suspend with immediate
effect the operation of that residential care establishment.

(2) The Minister shall within seventy-two hours
after suspending the operation of the residential care
establishment, inform the operator of that residential care
establishment, of any conditions that must be complied
with prior to the lifting of any order made under subsection
(1).

(3) The Minister shall, upon making an order under
subsection (1), cause to be made the necessary
arrangements for the placement, temporary or otherwise of
the residents of the residential care establishment.

Appeal.

Ch. 53.

Power of
Minister to
suspend
operation.

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(4) A person who fails to comply with an order
made pursuant to subsection (1) commits an offence and is
liable on summary conviction to a fine not exceeding five
thousand dollars or to imprisonment for one year or to both
that fine and imprisonment.

(5) A person aggrieved by a decision of the Minister
made under subsection (1), may appeal to a judge of the
Supreme Court, but such appeal shall not operate as a stay
of the decision of the Minister.

22. All fees collected by the Authority under this
Act shall be paid into the Consolidated Fund.

23. (1) No operator shall employ another person in a
residential care establishment unless —

(a) the person has been certified by a registered
medical officer to be in good health and free
from communicable diseases;

(b) that person produces a current police record; and
(c) that person has received such necessary training

as may be approved by the Minister.
(2) Every operator of a residential care

establishment shall ensure that its employees are certified
annually by a registered medical officer to be in good
health and free from communicable diseases.

(3) Every residential care establishment shall be
staffed with as many employees as the Authority deems
necessary.

(4) Every operator of a residential care
establishment shall ensure that —

(a) all of its employees that provide care services
are trained in first aid care;

(b) at all times there is at least one member of staff
on duty trained in first aid care;

(c) first aid care drills are carried out within the
establishment not less than twice a year; and

(d) where further medical help is needed, first aiders
are trained to act in accordance with established
procedures.

(5) An operator who contravenes this provision
commits an offence and is liable on summary conviction to
a fine of two thousand five hundred dollars.

Fees.

Employees of
establishments.

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24. The operator of every residential care
establishment shall ensure that the residential care
establishment is equipped with —

(a) a clearly marked standard First Aid kit;
(b) smoke detectors; and
(c) an adequate number of multi-use fire

extinguishers.
25. No person shall be admitted to a residential care

establishment unless that person has received a medical for
the purposes of being admitted.

26. No employee of a residential care establishment
shall knowingly permit a resident of such establishment to
do any act that may cause harm to that resident or any
other person while in the residential care establishment.

27. (1) No person shall inflict corporal punishment
on a resident in a residential care establishment.

(2) No person shall physically restrain another
person for the purposes of inflicting punishment on that
person in a residential care establishment so, however, that
where restraint is necessary for the physical protection of
the person such restraint shall be administered by a care
giver in that residential care establishment.

(3) No person shall deprive a resident in a
residential care establishment of sleep, food and good
hygienic care.

(4) No person shall subject a resident of a
residential care establishment to excessive labour.

28. (1) The Authority shall appoint persons to be
inspectors for the purposes of this Act.

(2) An inspector may at a reasonable time, enter and
inspect the premises of a residential care establishment
where that inspector —

(a) has reasonable cause to believe that the
residential care establishment is being operated
in contravention of the Act;

(b) is investigating a complaint concerning the
operation of the residential care establishment;
or

(c) wishes to determine whether the residential care
establishment is being operated in accordance
with the Act.

First Aid and fire
equipment.

Admission of
persons.

Supervision of
persons.

Protection and
care of residents.

Appointment of
inspectors.

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(3) Any inspector or person appointed to assist such
inspector who has a direct or indirect pecuniary interest in
any residential care establishment shall as soon as possible,
disclose the nature of his interest to the Authority and that
inspector or person shall not be permitted to inspect or
evaluate the residential care establishment for which he has
a pecuniary interest.

(4) An inspector may, for the purposes of subsection
(2) —

(a) require the production of records or other
documents required to be kept pursuant to this
Act; and

(b) make copies of such documents or records.
29. (1) Every operator and employee of a residential

care establishment shall cooperate with an inspector
executing his functions pursuant to section 28.

(2) A person who obstructs or impedes an inspector
in the execution of his duties under this Act commits an
offence and is liable on summary conviction to a fine of
one thousand dollars.

30. (1) The Minister may cause a residential care
establishment to be visited at any reasonable time by the
Director of Social Services, the Director of Environmental
Health, the Chief Medical Officer or any other personnel
authorized by them for the purpose of ensuring compliance
with the Act and that proper health standards are
maintained at that residential care establishment.

(2) Where the person who operates a residential
care establishment is notified of the proposed date of visit
and such visit is likely to cause unreasonable disruption of
a programme already planned or in progress at the
residential care establishment, the operator or
Administrator of the residential care establishment shall
inform the health authorities accordingly, and shall arrange
for the visit to take place not later than three days from the
date of receipt of such notification.

31. The funds and resources of the Authority shall
consist of —

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

(b) any monies or other property as from time to
time may in any manner be lawfully paid to or

Obligation of
staff to cooperate
with inspectors.

Health
inspection.

Funds and
Resources of the
Authority.

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vested in the Authority whether or not in respect
of any matter incidental to its functions.

32. (1) The Authority shall keep proper accounts of
all transactions and shall prepare in respect of each
financial year a statement of accounts in a form that the
Minister may with the approval of the Minister of Finance
direct.

(2) The accounts shall be audited annually by an
auditor appointed by the Authority with the approval of the
Minister.

33. (1) The Authority shall, as soon as possible after
the expiration of each financial year and in any event not
later than the 30th June in any year, submit to the Minister a
report containing —

(a) an account of its transactions throughout the
preceding financial year in such detail as the
Minister may direct; and

(b) a statement of the accounts of the Authority
audited in accordance with section 32.

(2) The Minister shall cause a copy of the report
together with a copy of the audited financial statements and
the auditor’s report to be laid on the table of both Houses
of Parliament.

(3) The Authority shall, as soon as possible after the
expiration of each financial year submit to the Minister a
report dealing with the activities of the Authority during
the preceding financial year.

(4) The Minister shall cause a copy of every such
report to be laid on the table of both Houses of Parliament.

34. (1) The Minister may, after consultation with the
Authority, make regulations generally for giving effect to
the provisions of this Act.

(2) Without prejudice to the generality of subsection
(1), the Minister may make regulations —

(a) prescribing entries to be made in the records
kept pursuant to section 15;

(b) prescribing the physical conditions of a
residential care establishment;

(c) prescribing standards with regard to safety,
sanitation and such other matters as the Minister
considers necessary for the efficient operation of
a residential care establishment;

Accounts and
Audits.

Annual Report.

Regulations.

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(d) regulating the fees to be charged by a residential
care establishment for its services;

(e) prescribing the forms of application,
registration, reports and documents to be used
under this Act;

(f) regulating the manner in which and the
conditions subject to which the services of a
residential care establishment shall be
performed;

(g) prescribing guidelines of the nutrition
programmes to be implemented by a residential
care establishment;

(h) regulating the manner in which a person may be
disciplined in a residential care establishment;

(i) regulating the manner in which a person may be
restrained in a residential care establishment;

(j) prescribing any other matter or anything which
may be or is required by this Act to be
prescribed.

35. A person who contravenes or fails to comply
with any of the provisions of this Act, for which no penalty
is expressly provided by this Act commits an offence and
is liable on summary conviction to a fine of one thousand
dollars.

36. This Act binds the Crown.

37. Nothing in this Act shall derogate from any
provisions of the Health Services Act, the Town Planning
Act and the Building Code published by the Minister
responsible for Buildings Regulations.



Penalty where no
express penalty.

The Crown.

Non-derogation
from certain
Acts.
Ch. 231.
Ch. 255.

CH.235A – 18] RESIDENTIAL CARE ESTABLISHMENTS





STATUTE LAW OF THE BAHAMAS LRO 1/2006

SCHEDULE (section 3)

CONSTITUTION AND PROCEDURE OF THE
AUTHORITY

1. The Authority shall consist of nine members appointed
by the Minister of whom —

(a) one shall be the Director of Social Services ex officio;
(b) one shall be a representative of the Minister

responsible for Public Works;
(c) one shall be a representative of the Minister

responsible for Health;
(d) three persons shall be representatives of Associations

representing residential care establishments; and
(e) three shall be members of the public.
2. Members of the Authority other than ex officio members

appointed by the Minister shall not hold office for a period
exceeding three years, and shall be eligible for re-appointment.

3. (1) The Minister shall appoint one of the members to be
the Chairman for a term not exceeding three years.

(2) The Authority shall elect from among its members a
deputy chairman for a term not exceeding three years and such
person shall be eligible for re-election.

(3) The Chairman shall preside at all meetings of the
Authority at which he is present and in his absence the deputy
chairman shall preside.

4. Any member of the Authority other than an ex officio
member may at any time resign his office by instrument in
writing addressed to the Minister, and from the receipt by the
Minister of such instrument such member shall cease to be a
member of the Authority.

5. The Minister by instrument in writing, may at any time
revoke the appointment of the Chairman, the Deputy Chairman
or any other appointed member of the Authority if he thinks it
expedient so to do.

6. (1) If any vacancy occurs in the membership of the
Authority, such vacancy shall be filled by the appointment of
another member who shall, subject to the provision of this
Schedule, hold office for the remainder of the period for which
the previous member was appointed, so however, that such
appointment shall be made in the same manner and from the

Constitution and
procedure of
Authority.

Tenure of
members.

Chairman.

Resignation.

Removal.

Vacancies and
acting
appointments.

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same category of persons, if any, as the appointment of the
previous members.

(2) If the Minister is satisfied that the Chairman or any
other member of the Authority is unable to act, the Minister
shall appoint any person to act in place of that member, so,
however, that such appointment shall be made in the same
manner and from the same category of persons, if any, as the
member replaced.

7. The names of all members of the Authority as first
constituted and every change in the membership thereof shall be
published in the Gazette.

8. (1) The seal of the Authority shall be kept in the custody
of the Chairman or any officer of the Authority as the Authority
may approve and shall be affixed to instruments pursuant to a
resolution of the Authority in the presence of the Chairman and
any other member of the Authority.

(2) The seal of the Authority shall be authenticated by
the signature of the Chairman and one other member authorized
to act in that behalf and shall be officially and judicially noticed.

(3) All documents, other than those required by law to
be under seal, and all decisions of, the Authority may be
signified under the hands of the Chairman or any other member
authorized to act in that behalf.

9. (1) A member who has a direct or indirect pecuniary
interest in a matter being considered or about to be considered
by the Authority shall, as soon as possible after the relevant facts
have come to his knowledge, disclose the nature of his interest at
a meeting of the Authority.

(2) A disclosure under subparagraph (1) shall be
recorded in the minutes of the meeting of the Authority and that
member shall not, unless the Authority otherwise determines —

(a) be present during any deliberation of the Authority
with respect to that matter; or

(b) take part in any decision of the Authority with respect
to that matter.

(3) For the purpose of the making of a determination by
the Authority under subparagraph (2) in relation to a member
who has made a disclosure under subparagraph (1), a member
who has a direct or indirect pecuniary interest in the matter to
which the disclosure relates shall not —

(a) be present during any deliberation of the Authority for
the purpose of making the determination; or

Gazetting of
appointments.

Seals, etc.

Interest of
member.

CH.235A – 20] RESIDENTIAL CARE ESTABLISHMENTS





STATUTE LAW OF THE BAHAMAS LRO 1/2006

(b) take part in the making by the Authority of the
determination.

10. (1) The Authority shall meet as often as may be
necessary or expedient for the transaction of its business, and
such meetings shall be held at such places and times and on such
days as the Authority may determine.

(2) The Chairman may at any time call a special meeting
of the Authority and shall call a special meeting within seven
days of the receipt of a written requisition for that purpose
addressed to him by any four members of the Authority.

(3) The Chairman shall preside at all meetings of the
Authority at which he is present and, in the case of the
Chairman’s absence from any meeting the deputy Chairman
shall preside. If both the Chairman and the deputy chairman are
absent the members present constituting a quorum shall elect a
Chairman from among their number to preside at that meeting.

(4) Five members of the Authority shall form a quorum.
(5) The decisions of the Authority shall be by a majority

of votes, and, in addition to an original vote the Chairman or
other person presiding at the meeting shall have a casting vote in
any case in which the voting is equal.

(6) Minutes in proper form of each meeting shall be kept
by the Authority.

(7) Subject to the provisions of this Schedule the
Authority may regulate its own proceedings.

11. No decision or act of the Authority or act done under
the authority of the Authority shall be invalid by reason of the
fact that —

(a) the full number of members for which provision is
made in paragraph 1 of this Schedule was not
appointed or there was a vacancy or vacancies
amongst such members; or

(b) a disqualified person acted as a member of the
Authority at the time the decision was taken or the act
was done or authorized, if the decision was taken or
the act was done or authorized by a majority vote of
the persons who at the time were entitled to act as
members.

12. The Authority may appoint such committees as it
may think fit and may delegate to any such committee the power
and authority to carry out on its behalf such duties as the
Authority may determine.

Procedures of
meeting.

Validity of
decisions of
Authority.

Committees.

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13. (1) No member of the Authority shall be personally
liable for any act or default of the Authority done or omitted to
be done in good faith in the course of the operations of the
Authority.

(2) Where any member of the Authority is exempt from
liability by reason only of the provisions of this paragraph, the
Authority shall be liable to the extent that it would be if the
member was a servant or agent of the Authority.



Protection of
members.

Related Laws