Caribbean Examinations Council (Privileges and Immunities)

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Caribbean Examinations Council (Privileges and Immunities)
LAWS OF TRINIDAD AND TOBAGO

CARIBBEAN EXAMINATIONS COUNCIL
(PRIVILEGES AND IMMUNITIES) ACT

CHAPTER 17:07

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–8 ..

L.R.O.

Act
21 of 2006

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council
2 Chap. 17:07 (Privileges and Immunities)

LAWS OF TRINIDAD AND TOBAGO

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council
(Privileges and Immunities) Chap. 17:07 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

CHAPTER 17:07

CARIBBEAN EXAMINATIONS COUNCIL
(PRIVILEGES AND IMMUNITIES) ACT

ARRANGEMENT OF SECTIONS

SECTION

PART I

PRELIMINARY
1. Short title.
2. Interpretation.

PART II

PRIVILEGES AND IMMUNITIES
3. Privileges and immunities of the Caribbean Examinations Council.
4. Privileges and immunities of Members of the Council.
5. Privileges and immunities of officials of the Council.
6. Privileges and immunities of experts on missions on behalf of

the council.
7. Legal capacity of the Council.
8. Settlement of disputes.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council
4 Chap. 17:07 (Privileges and Immunities)

LAWS OF TRINIDAD AND TOBAGO

CHAPTER 17:07

CARIBBEAN EXAMINATIONS COUNCIL
(PRIVILEGES AND IMMUNITIES) ACT

An Act to give effect to the Protocol on Privileges and
Immunities of the Caribbean Examinations Council

[28TH SEPTEMBER 2006]

PART I

PRELIMINARY

1. This Act may be cited as the Caribbean Examinations
Council (Privileges and Immunities) Act.

2. In this Act—
“Caribbean Examinations Council Agreement” means the

Agreement Establishing the Caribbean Examinations
Council signed by Trinidad and Tobago on May 18, 1972; and

“Council” means the Caribbean Examinations Council
established in the Caribbean Examinations Council
Agreement.

PART II

PRIVILEGES AND IMMUNITIES

3. (1) The Caribbean Examinations Council shall enjoy
the following privileges:

(a) the inviolability of the premises of the Council;
(b) the inviolability of the archives of the Council;
(c) exemption from foreign exchange controls;
(d) exemption from taxes, customs duties and

import or export duties; and
(e) facilitation in respect of its communications and

the right to despatch or receive papers and
correspondence by courier in sealed bags.

21 of 2006.

Commencement.

Short title.

Interpretation.

Privileges and
immunities of
the Caribbean
Examinations
Council.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council
(Privileges and Immunities) Chap. 17:07 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(2) The Caribbean Examinations Council shall enjoy
the following immunities:

(a) immunity from legal process; and
(b) from search, acquisition, confiscations,

expropriation and any other form of interference
whether legislative, administrative or judicial in
respect of property, funds and assets.

4. (1) Members of the Council shall enjoy the
following privileges:

(a) inviolability of all papers, documents and
materials related to the work of the Council;

(b) exemption from immigration restrictions, alien
registration requirements and national service
obligations;

(c) the same protection and repatriation facilities in
times of international crisis as are afforded
representatives of foreign Governments on
temporary official missions; and

(d) the same privileges and facilities in respect of
currency and exchange restrictions as are accorded
to representatives of foreign Governments on
temporary official missions.

(2) Members of the Council shall enjoy the
following immunities:

(a) immunity from legal process in respect of
words spoken or written and all acts performed
by them in their official capacity;

(b) immunity from personal arrest or detention in
relation to acts performed by them in their
official capacity; and

(c) immunity from inspection and seizure of
personal and official baggage.

(3) Immunity under subsection (2)(a) shall continue
although the person concerned may have ceased to exercise his
functions with the Council.

Privileges and
immunities of
Members of
the Council.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council
6 Chap. 17:07 (Privileges and Immunities)

LAWS OF TRINIDAD AND TOBAGO

(4) Immunity under subsection (2)(c) does not extend
to cases of flagrante delicto.

(5) Where a situation of flagrante delicto exists the
Registrar of the Council shall be informed immediately.

(6) Where personal baggage is to be inspected it shall
be conducted in the presence of the Member concerned or his
authorised representative.

(7) Where official baggage is to be inspected it shall be
conducted in the presence of an authorised representative of
the Registrar.

5. (1) Officials of the Council shall enjoy the following privileges:
(a) exemption from immigration restrictions,

alien registration requirements and national
service obligations;

(b) inviolability of all papers, documents and
materials related to the work of the Council;

(c) the same privileges and facilities in respect of
currency and exchange restrictions as are accorded
to representatives of foreign Governments on
temporary official missions; and

(d) the same repatriation facilities in times of
international crisis as are accorded to members
of diplomatic missions of comparable rank.

(2) Officials of the Council shall enjoy the following
immunities:

(a) immunity from legal process in respect of
words spoken or written and all acts done by
them in the course of the performance of
official duties; and

(b) immunity from personal arrest or detention in
relation to acts performed by them in their
official capacity.

Privileges and
immunities of
officials of
the Council.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council

(Privileges and Immunities) Chap. 17:07 7

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(3) The immunity under subsection (2)(a) shall
continue although the person concerned may have ceased to be

an official of the Council.

6. (1) Experts employed on missions on behalf of the

Council shall enjoy the following privileges:

(a) inviolability of all papers, documents and
materials related to the work of the Council;

(b) exemption from immigration restrictions, alien
registration requirements and national service

obligations; and

(c) the same privileges and facilities in respect of
currency and exchange restrictions as are

accorded to representatives of foreign

Governments on temporary official missions.

(2) Experts employed on missions on behalf of the

Council shall enjoy the following immunities:

(a) immunity from legal process in respect of
words spoken or written and all acts done by

them in the course of the performance of

official duties; and

(b) immunity from personal arrest or detention in
relation to acts performed by them in their

official capacity.

(3) The immunity under subsection (2)(a) shall
continue although the person concerned may have ceased to be

an expert employed on missions on behalf of the Council.

7. The Council shall possess such legal capacity as may be

necessary for the exercise of its functions and the fulfilment of its

purposes in accordance with the Caribbean Examinations Council

Agreement and in particular, it shall have the capacity to—

(a) contract;

(b) acquire and dispose of movable and immovable
property; and

(c) institute legal proceedings.

Privileges and
immunities of
experts on
missions
on behalf of the
council.

Legal capacity
of the Council.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Caribbean Examinations Council

8 Chap. 17:07 (Privileges and Immunities)

LAWS OF TRINIDAD AND TOBAGO

8. Notwithstanding sections 3, 4, 5 and 6 of this Act, the

Council shall make appropriate provisions for the settlement of—

(a) disputes arising out of contracts and other

disputes of a private law character to which the

Council is a party; and

(b) disputes involving any member or official of the

Council or an expert employed in missions on

behalf of the Council who, by reason of his

official position, enjoys immunity, if such

immunity has not been waived by the Council

or the Registrar, as the case may be.

Settlement of
disputes

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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