Tourism Authority Act

No. 6 of2008. Set!tIODIl t. Short title. 2. Interpretation. 3 T1Ie Tourism AuthorityAa, 2008. THE TOURISM AUTHORITY ACT, 2008 ARRANGEMENT PART] PRELIMINARY PARTD ESTABUSHMENT OF AUTHORITY AND FUNCflONS THEREOF AND RELATED MATTERS 3. Establishment of the Authority. 4. Functions of the Authority. 5. Seal ofthe Authority. 6. Busim::5splan, 7. Directions by theMinister. PARTnl ESTABLISHMENT OF BOARD OF DIRECTORS AND RELATED MATTERS 8. Establishment of Board ofDirectors. 9. Disqualification ofDirectors. 10. Declaration of interest. 11- Pecuniary interests for the purposes ofsection 10. 12. Removal or exclusion ofdisability, etc. 13. Publication ofappointments etc. 14. Rt:IIlwll::nuivn of'Dtrectors. IS. Committees of the Board. 16. Co-opted members. 17. Advisory Council. PARTIV STAFF AND FUNDS OF THE AUTHORITY AND RELATED MATrERS 18. Appointment to offices. 19. Other staff. The TouriSllt AuthorityAct, 2008. 20. SCcondment of'publtc ot1il::ClS. 21. Preservation ofpension rights, emoluments etc. 22. Funds of the Aulitority. 23. Vesting ofCrown property in the Authority. 24. Application of funds of the Authority. 25. Disposal of capital assets. 26. Borrowingpowers of'the Authority. 27. Guarantee. PART V ACCOUNTS AND AUDIT 28. Accounts and audit. 29. Access by Director of Audit or Auditor. 30. Annual report 31. Estimates. PART VI MISCELLANEOUS 32. Exemption from taxes. 33. Fees. 34. Regulations. 35. Conuncncancnt. 36. Repeal. Schedules SCHEDULEl Constitution and procedure of the Board. SCHEDULE 2 Constiturion end procedure of the Advisory Council. 4 No. 6 of2008'. No, 6 of 2008. 11,.S.1 5 The Tourism AuthorityAct, 2008. I Assent, Louise Lake--Tat" Governor-General, II th November, 2008 ANTlGUAAND BARBUDA THE TOURISM A.UTHORITYACT~ 2008 No.6ofl00S AN ACT to provide for the establishment of the .Antigua and Barbuda Tourism Authority and for incidentaland connected purposes, ENACTW by the Parliament ofAntigua andBarbudaas follows: 1. Short titlt ThisAct may be cited as theTourismAuthorityAct, 2008. 2. Interpretation In thisAct "Authority" means the Antigua and Barbuda TourismAuthority established by Section 3; "Board" means the Board of theAuthority that is established in accordance with section 8; "Chief Executive Officer" means the officer appointed under section 18 by the Authority as ChiefExecutive Officerof theAuthority; The Tourism Authority Act, 2008. 6 No.60f2008 "Council" means the TourismAdvisory Council established In accordance with section 17; and "Minister" means the Minister responsible for Tourism. PARTn ESTABLISHMENT OF THE AUl'ROR!1Y AND FUNCTIONS THEREOF AND RELATED MA'ITERS 3, Establishment of the Authority There is established a body corporate tobe known as the Antigua and Barbuda TourismAuthority and tradingas experience Antigua and Barbuda. 4. Functions of the Authority The functions of the Authority are (a) to develop policies for the promotion of tourism in Antiguaand Barbuda; (b) to design and implement marketing strategies for the promotion ofthe tourism industry in Anugua IImJ BMbuda; (e) to advise the government andtheAntiguaand Barbuda tourism industryon mattersrelat ing to the strategies referred to in paragraph (b); (d) to put measures in place to provide sufficient and suitable air lift and sea transport ser vices to and from Antigua and Barbuda; (eJ to encourage the establishment ofamenities. facilities and services for the enjoyment of Antigua and Barbuda as a tourist destination; (j) to carry out research to inform the govemment and the tourism industry; (h) to do any other things incidental to the proper discharge of its functions. 5. Seal of the Authority (I) ·.-he Seal ot the AUthority shall be kept m the custody of the Chairman or Deputy Chairman or such officer ofthe Authority as the Board approves and may be affixed to documents or instruments pursuant to a resolution ofthe Board. (2) TIlt: :SC1l1 oftheA~thority shall be 4uthcnticlltcd by the signamrc of'thc Chainnttn or the Deputy Chairman and the Secretary. Nn 6 nf ')(}{)R 7 1JI~ TQurism Autl!ol'il;y Act, 2008. (3) All documents or instruments, other than those required by law to be under seal, and all deci sions ofthe Authoritymay besianifiedundec theband of lheChairman or .lJeJ)uty Chairman, 6, Business Plan (1) TheAuthorityshallprepare andsubmitto the Ministerby the Ist day ofJanuary in each year a businessplan for the development of tourism in Antigua and Barbuda. (2) The annual tourism plan shall (a) serve as a guide for structuringtheprogrammeof tourism promotionand visitor service activities fur the succeeding year commencing on January lot; and (b) specify the aims of the programme and outline the methods to beemployedto accom plish those aims. 7. Directions by Minister The Authorityshall complywith directionsgivenby the Minister in respectof the policy to be fol lowedby the Authorityin the performance of its functions under this Act or anyother enactment. PARTID ESTABLISHMENT OF BOARD OF DIRECTORSAND RELATED MATfERS 8. Establishment of Board of Directors (I) Thereshall be a BoardofDicectors of!:be Authoritywhichshall be responsiblefor the execu tion of the policy and the generaladministration of theAuthority. (2) The First Schedule shallhave effect as to the constitution at the Boardand otnerwise 10 rela tion thereto. 9. Disqualilkation of Direernrs Aperson is not qualifiedfor appointment as a Directorifhe is employedby the Authority. 10. Declaration ofinterests (1) If a Director has anypecuniaryinterest, direct or indirect, in any contract,proposed contract, licence or other matter and is present at a meeting of the Board at which the contract, proposed contract, licenceor other matteris the subjectofconsideration, he: shall at trn: meetingand assoon as The Iburtsm Authority Act. 2008. 8 No.60f2008: practicable after its commencement disclose the tact and oba1l not take part in the consideration or discussion of the contract, proposed contract, licence or other matter or vote on any question with respect to it and shall be excfuded from the meeting for the duration ofthe consideration, discussion and voting procedure. (2) If any person fails to comply with the provisions of subsection (I) he shall be guilty of an offence and liable (a) on summary conviction to a fine not exceeding $25,000 or imprisonment for a termnot exceeding 2 years,or both; or (b) on conviction on indictmentto a fine not exceeding $100,000or imprisonment for a term not exceeding 5 years,or both, unless he proves that be did not know that thecontract, proposed contract, licence or other matter in which he bad a pecuniary interest was the subject ofconsideration at that meeting. (3) A disclosure under 1>ub~tioll (I) shall be recunled in the UWlUk;lS of the Board. (4) No act or proceeding of the Board shall be questioned on the ground that a Director has contravened this section. 11. Pecuniary interests for the purposes of section 10 (1) For the purposes ofsection 10,8 Director shall be treated,subject to the follOwing provisions of this section and to section 12. all having indirectly a pecuniary interest in a contract, proposed contract, licence or other matter if (a) he or any nominee of'his is a member ofa company or other body with which the contract was made or is proposed to bemade or which has a direct pecuniary interest in the licence or other matter under consideration; or (b) he is a partner, or is in the employment ofa penon with whom the contract was made or is proposed to be made. or who has a direct pecuniary interest in the licence or other matterunder consideration; or (c)he, or any partnerof his isa professional adviserto a personwhohasa director indirect pecuniary interest in a contract proposed contract. licence or other matter. (2) Subsection (I) does not apply to membership ofor employment under any public body. {3) In thecase of married persons the interest of one spouse shall be deemed for the PUJPOse of section 10 to be also the interest of the other. No.60f2008. 9 The Tourism AuthorityAct. 1008. 12. Removal or exclusion of disability. etc. (1) Section 10doesnot applyto an Interest ina contract,proposed contract, licenceor othermatter whicha Directorhasas amemberof thepublicor to an interest in anymatterrelatingto the terms on whichthe right to participate in anyservice is offered to thepublk. (2) Where a Director bas an indirect pecuniaryinterest in a contract,proposed contract" licence or othermatter by reasononlyofa beneficial interest in securities of a company or otherbody, and the nominal value of those securitiesdoes not exceed $10,000or one-thousandth of the total nominal value ofthe issued share capital of thecompany or otherbody, whichever is the less, and if theshare capibll is of more !han one class.the totalnominalvalue ofsharesof any one class in whichhe has a beneficial interest does not exceed one-thousandth of the total issued share capital of that class. section 10 shall notprohibit him fromtakingpart in theconsideration or discussion of the contract. proposed contract,licenceor othermatteror fromvotingon any question with respect to it, without prejudice,however, to his duty to disclose his interest 13.Public.thm ()fAppointments etc. The appointment or resignation ofanymember ofthe Board shallbe notified in the Gazette. 14. Remuneration ofDirectors TheAuthority maypay the Chainnan, eachDirectorand the Secretaryto the Board,such remunera tion, ifany, as the Ministermayprescribein regulations. 15, Committees of tbe Board (1) The Board may establishcommittees for thepurpose of executingspecific assignments" related to the functions of the Board" (2) A committeeestablished undersubsection (I) shallbeconstituted by suitably qualifiedmem bers of the public selected by the Board,but any such committee shall not exceedfive persons and shall include at leastone member of the Board. (3) A committee established undersubsection (J) shall be givena specific timewithin whichthe assignmentshall be completed and a report made to the Board. (4) "l"he Hoard maygrantan extension of time to acommittee for the purpose of completing an assignment. (5) Themembersof I:he committeemay receive such allowancesas the Minister may prescribe in reguianons, The Tourism AuthorityAct. 2008. 16". Co-optod rnembere 10 No.6 of2008. (1) The Board may co-opt a person to help it in dealing with a matter if it is satisfied that the person's qualificationsor experience areappropriate. (2) A member co-opted to help the Board with a matter is entitled to take part in the Board's proceedings relating to thematter, but has no vote and may not take part in any other proceedings of the Board. 17.Advisory Council (1) There is established a body to be known as the TourismAdvisoryCouncil. (2) The Second Schedule shall have effect with respect to the constitution of the Council and otherwise in relation thereto. (3) The Council shall advise the Boardon anymatter connectedto tourism as the Council thinh fit or that is referred to it by the Board. PART IV STAFF AND FUNDS OF TIlE AUTHORITY AND RELATED MAtTERS 18. Appointment to offices (1) The Authority shall with the approval of the Minister appoint a Chief Executive Officer and other suitably qualified persons to such offices as mayhe designated by the Minister. (2) The Chief Executive Officer of the Authority, is subject to the directions of the Board and responsible to me Board for me execution of .Irs poUcyand the management of its affairs. 19. Other staff (l) Subject to subscctiona (2) Q11.d (3), the Authority lI1Dy appoint (UK/.employ SU'Ch officei'll, "gen~ and servants as it considers necessary for the proper carrying into effect of the provisions ofthisAct; and at such remuneration and on such terms and conditions as the Board approves. (2) NotwitlwtandinS subsection (1), no PO$t shall be established and no salary in excess of such amount as the Minister may determine shall be paid by theAuthorityand no person shall be assigned to any post without prior approval of the Minister. (3) Aperson appointed by theAuthorityunder subsection (I) shall not be assigned by the Author ity to a post outside ofAntiguaandBarbuda without the prior approval of the Minister, No, 60f2008. 11 The Tourism Authority Act, 2008. 20. Secombnent of Public office" The Authority may seek the approval of the Public Service Commissionor the JudiciaJ and Legal Services Commission, llS the C4:5'C' rcquirot!l, foe tbc lie~uudmcatvf 11public OfliCCl tv the Authority Oil 81U:h terms and conditions as the Commission determines. 21. Preservstion of pension Tights, emoluments etc. (J) Notwithstandinganything to the contrarycontained in any enactment, the pension rights ofa public officerseconded to the Authorityshall hepreserved, and his service with the Aul:borit:Y shall, unless theGovernor-General otherwise determines countas pensionable service under the Pension Act, aro,ifhe;had not been seconded. (2) Whew theservices of a person employedby the Authoritytore on loan to the Government that person shall be entitledto such benefitsand terwsofemployment asare applicable to thepost which M occepies, and the service with the Authority shall be taken into account os continuous service with the GovemmentandtMPensions. ActlUld the regulaoollli made thereunder ,han applyto himas ifhis service with theAuthority were service within the meaningof the enactments aforesaid. (3) Wk a public gffiQet 11> seconded to Uw. ~r'oJi~e of the A\1morityin acc~rd~ewith subsec tion (1), the Authority shall refund to "the Consolidated Fund at the end of every month after the commencement of thisAct, all emoluments accruingin respectof the service of thatofficerwiththe AutOOrity, (4) The sums payable as contributions bythe Governmentunder the Social SecurityAct in respect ofmtnpublic officers shallat theendofevery month afterme commencement of tlJisActbe paid into the Consolidated Fund by the Authority and such sums shall be paid by the Government into the Social Security Fund <,stllklis~dImdt'1"' the ~(\cilll Security Act r.~p 408 (5) The Authority may with the approvalofand subject to such terms and conditions as may be imposed by the Cabinet, provide for the establishment and maintenance of a Contributory pension &-hem(" Of II ThrHl Fund for the benefit of employees of the Authority. "f1d il1 ettery glJd!~~ different provisions may be made by ditrerentclassesof employees. 22.Fundsof the Authority The fundsof theAuthority shall consist0 f fa) such amounts as may be voted for the purpose by Parliament; (b) amountspayable to theAuthority in respectofadverrising, promotion, public relationsor anyother service performed by the Authority; The Tourism Authority Act, 2008. 12 No.6of2008. (c) all amounts collected under the authority ofRegulations made under this Act; (d) amounts borrowed by the Authority for the purpose ofmeeting or discharging any of its obligations; (e) any other amounts or property which may in any manner become payable to or vested in the Authority in respect of any matter incidental to its powers and functions; and (J) taxes, fees and charges imposed by statute and authorised to be paid to theAuthority. 23. Vesting of Crown property In the Authority (1) The Minister responsible for lands maywith the approval of the Cabinet, by Order, vest any land or movable property oftbe Crown in the Authority if it appears desirable to do so in order to enable the Authority to perfonu its duties and functions. (2) Property vested in the Authority under tbis section may be vested absolutely or subject to such terms and conditions as the Minister may consider appropriate. (3) Where land is vested in the Authority under this section, the delivery of the Order to the Registrar of the Supreme Court shall without proofthereofbe sufficient authority for him to register or record the Authority as the fee simple owner of such land in accordance with the relevant enact ment. 24. Application of funds of the Authority The funds of the Authority shall be applied towards (aJ the payment ofsalaries, wages, fees, allowances, pensions, gratuities or similar benefits ofpersons employed by the Authority. (h) the meeting ofobligations and-the performance ofany of the functions of the Authority and matters incidental thereto. 25. Disposal of capital assets The Authority shall not, without the prior writtenapproval of the Minister of Finance--; (a) dispose of any of its capital assets; or (b) apply the proceeds ofa disposal to any purpose. No.6of2008. 13 The Tourism Authority Act, 2008. 26. Borrowing pewers of the Authority (1) Without prejudice to anythingcontained in any other enactment, the Authority may after 01> taining the approval of the Minister responsible for Finance and with the consent of the Cabinet, borrow money from theGovernmentor any other penon by wayofloan, overdraft or otherwise upon such terms and conditions with respect to theborrowing, issue. transfer and interest as the Minister responsible forFinance approves andthe consent of Cabinet is obtained for~ (a) the provision of working capital (b) meeting any ofits obligations; or (c) the perfcrmancc of the fimctions of the Authority under th~Act. 27. Guarantee (1) Without prejudice to anything contained in any other enactment, the Miniiiter responsible fur Finance may, with the approval of the Cabinet, guarantee in such manner and on such terms and conditions-c (a)anyloanto tbeAuthoritv (b)interest charges or any other charges in respect ofa Joan to theAuthority. (2) Subsection (I) doesnotapply to a loanfrom theGovernment of Antigua andBarbuda. PART V ACCOUNTS AND AUDIT 28. Accounts and Audit (1) The Authority shall keep accounts of its transactions in accordance with general accounting principles and such accounts shall be audited annuallyby an auditor appointed by the Authoritywith the approval oftbe Minister. (2) The Director ofAuditmayat any time carryout an investigationor audit of theaccounts ofthe Authority. 29. Access by Director of Audit or auditor A director, officer or other employee of the Authority shall attord the Director ofAudit or other auditor appointed under section 27, access to all books. documents,cash and securities of theAuthor TheThurism Authority Act, Z008. J4 No.60f2008. ity ana, on request, give to the DireCtor of Audit or audItor anyintOrmation within the knowledge of that Director or employee that relates to theoperation of the Authority, . 30. Annualreport (J) TheAuthority shall as soonas possible after the endof eachyear and, in any eventnot later thanfivemonths from the end of anyyear, submit to theMinister a report containing (a) an aCCotWr Of me pe1'fOmWlce of the activities and operations of me Authorlty and lID analysis of the performance of the tourism industry during the preceding year; (6j an assessment of anyexperience and productdevelopment. marketing and advertising programme undertaken; and (c) the auditedfinancial statementoftheAuthority. (2) A copy uf the: report "hall be laid in Parhement by the MinDter within three momha after the receipt thereof. (3)TheMinister shallcause a copyof the audited financial statement to be published in the Ga zeue. 31. Estimates (1) The; Authority shaU, not later tbJm three months before the end of the firnmci41 year of the Authoritysubmit to the Minister for approval, estimatesofthe incomereceivable by theAuthority,its capital expenditure and the total of its recurrent expenditure for the next financial year. (2) As fsr as is pl<1<;;tkobk the clJtimatcs referred to in eubsection 1 shall contain (aj the Authority's projected outputs during the next financial year; (b) the Authority'll beet cetimate of the cost ofproviding thooo OUtpUUl; (cj the method(including financial and non- financial performancemeasures) by which the Authority intends to assess those outputs; and (d) any liability the Authority intends to incur during the next financial year PART V] MISCELLANEOUS No. 6 of2008. ]5 The Tourism Authority Act, 2008. 32. Ellemption from tlllle, (1) The Authorityshallbe exempted from taxeson income or any other tax on or in respectofits income, revenue or receipts or any part thereof imposedby or underany Jaw in force in Antigua and Ran'lllrlll. . (2) No stamp duty shall be chargeablein respect of any instrumentby or on behalf of or in favour of the Authorityin cases where, but for this exemption, theAuthoritywould be liable to pay the duty chargeable in respectof such instrument. 33. Fees (1) TheAuthority maycharge such fees as maybeprescribed. (2)Any fee prescribedfor thepurposeof subsection (1) shallnot exceedtwo thousand dollars. 34. Regqlations (l) The Authority may with the approval of the Minister make regulations generally fur better carrying out the purposes of this Act and in particular but withoutprejudice to 1M generality oftbe foregoing may make regulationsproviding £or (a) the measuresand methods to be adopted for the regulationand improvementof the tour ism industry in Antigua and Barbuda; (b) the registration and grading nfhotel!!.; (e) the keeping of proper and reliable records, accounts and data necessary for the tourism industry ofAntigua and Barbuda; (d) thedisclosurein full orinpartofsucb records, accountsand data referred to inparagrapb(c). (2) A fifle not exceeding five thousand dollars or imprisonment for a period not exceeding six months OTboth may be attached to regulations made under subsection (1). 35. Commencement ThisAct shallcome into operationonsuchdate as the Ministermayappointby Order published in the Gazette. 36. Repeal The Tourism DevelopmentCorporationAct 1997 is repealed, 'I7le Tourism A.uthority Act.2008. FIRST SCHEDULE Constitution and procedure of the Board 1. CQnsdtutioo of Board (1) The Board shall comprise (a) a Chairman; (b) a Deputy Chairman; (c) thefinancial Secretaryofthe MinistryofTourism; 16 No.6of200B, (Section 7(2) (d) the Chief ExecutiveOfficer (Y. C, BirdInternationalAirport); (e) the Pennanent SecretaryoftheMinistryofTourism; (f) a representativefrom the AntiguaHotels and TouristAssociation; (g) a representativefrom the Antigua and Barbuda Marine Association; (h) a representative from the Antigua and Barbuda CruiseTourism Association; (i) a representativefromthe AirlinesAssociation; (j) 8 representative from theTrade Union Congress; (k) a representativefrom the Antigua and Barbuda Chamber of Commerce; (1) a leading banking and finance professional;and (m) theChiefExecutive Officer of the Antigua andBarbuda TowismAuthority who shallbe a non-votingmember. 2. The Chairman and Deputy Chairman shEl.n be appointed by the Cabinet by an inslnnnent in writing. 3. Subject to paragraph2 theMinistershallby an instrumentinwritingappointthemembersofthe Boant. No. 6 of2008. 17 The Tourism AuthorityAct. 2008. 1. Tenure and reman} ofDireeton (1) A member ofdieBoardshan, subject to rhd Act, hold o1lke for aperiod notex~g n.o years but themember shallbe eligible for re-appoirltmeot (2)The Cabinetmayatanytime revokeby instIUment inwritingtheappointment ofthe CfurimM. theDeputyChairman. (3) 'I1w MUtiakr mAy n:move lUI)'mcm~of the Doorct£rom. oflioe on being eatieficd tb8t tho mcmbcr fa) is wuahte, due toph~ Of mental impainncn~ to exercise his fiJnctions; (b) is guiltyofnUscoDducl which,ib theopinionof theMinister. is likely to bringthe Au6ar ity into dimpute; (c) is convictedof an o&nte involvingdishonesty or immorality; (4) fAiJs to attemt Ibrec conaecudve board mceDnas without any reasonable excuseto-", and participate in 1bree sue<:essive meetings ofthe Board; (e) filils to dlIclosc a personal tnterest m a matter wI1ich is being or bas been collSldeRd lilt' the Board; or (f) is anundischarpi bankrupt. (4) When a vaeancy ofthc Board occurs. die Minister8baII appointa petSOI2 &mh fheo catqolioof persons at paragraphs 1(J). to 1(I) inclusive as a mcmbc:r I)f the board to fill the vaamcy .. k remeiooer of the period of office of the member whoseofficeended by virtue of subscctQl (3). 3. Resignation of Chairman an4 Deputy CIutinnan The Chairman or Dq:n1ty Chainnan may Itt any time resign his officeby instrument in writiIc .... dressed to the Secretary to the Cabinet 4.lb:sigD.tfOll ofDirector A director,other thantheChairman Of Deputy Chairman mayat any time resign his office·by ....... ment in writi'lg.~ til th~ Mini!der and transmit-1M insttument thmugb the Chairman "" thedate ofthe receipt by the Minister ofthe insttument.. the Oirectorceasesto bea direc1zx: S.Pa.bIication ofBoard memben' names 1.1Ie.names.otaU menmers. ormeHoard as first constituted and e~cJumge slIaI!be pubJ&1tlElGlirl Gazette. The Tourism Authority Act, 1008. 6. Servtce of documents 18 No.6of200s. Any summons. notice or other document required or authorized to be served upon the Authority under the provisionsofthisActor other lawmay;unless in any case there is express provisions to the contrAry. be served by delivering the aame to the Chairmlln or secretary; or by sending-itby registered post addrellSed to the secretary at the principal officeofthe Authority. 7. MeedlIg. TheBoardshallmeetat leastonce a month and at suchother-times as maybenecessary or expedient for the tmnsaetion of its business. 8. Presidine;at meetines (I)TheChainnan or. in his absence from theState or inability to act as such. the Deputy Chair man,shallpreside over all meetingsofthe Board. (2) In theabsence of both theChairman and DeputyChairman,Directorspresent and constituting a quorum shall elect a temporary Chairman form amongtheir numberwho shall preside at themeet ing. 9. Quorum A majorityofall theDirectorsof the Board shall constitute a quorum. 10. Decisionlil The decisionsof theBoard shallbea majorityofvotes and, in any C8$C in which the voting is equal. theChairman, the DeputyChairman or temporary Cbainnanpresidingat the meetingbas, in addition lOlll\ orilPnlll vn~, a second or casting vote. 11. Minutes (I) The Secretaryor such officer as theAuthorityappointsfor that purposeshall keep the minutes of everymeetingin proper form andshallbe confirmedby thenextmeeting signed by the Chairman OJ" Deputy Chairman, (2) Confirmed minutes ofmeetings sha.lJ be submitted to theMinister within onemonthof the date of the meeting at which they werecontirmed, 11. Attendance at meetings of non- members (l) The Chairman may iDvitetllly person to IIlWWlIlIIll;ctiU~ofthe; Board where the Board consid ers it necessary to do so. No.6of2008. 19 The Tourism Authority Act. 2008. (2) A person referred to in sub-paragraph(1) may take part in the deliberationsof the Board but shall Dot vote on any issue. 13. Validity of decisions of the Board Any act done or proceeding taken by the Board under this Act or the Regulations may not be ques tionedon the: groundot= (a) the existence of anyvacancy in the membership of or of lilly defectin the constitution of the Board; (b) any omission, defect Or irregularity that doesnot affectthe meritsof thecase. 14. n.ard to rtgl1blte its own proc~~ Subject to thisSchedule, theBoard mayregulateits ownprocedure and may delegate to any of its members or to a committee ofits members the powerandauthority'tocarry outonbehalfoftheBoard 'Inch cf\lt;~ as the Roard detennine'l.. Section 7(2) SECOND SCHEDULE Consdtution and proudure of tbe Advisory Council 1. Composition of the Council (1)TheCouncil comprises. aChairman andaDeputyChairmanwhoshallbothbe appointedby the Ministerby an instrumentin writing and other-persons that theMinistermayappoint by insl"1UDient in writing including but not limited to the following persons (aJ two representatives from each ofthefoUowiDg (i) Hotel and TouristAssociation; (ii) MarineAssociation; (iii) Cruise Association; (iv) TourOperators Association; (v) Small Hotels Association (vi) Taxi Associations; and 1JIe Tourism AllIhority Act. 20fJ8. 20 No.60f2oo8. (b) two representatives ofa registeredtradcUDion represc:ating themajorityofemployees in tbc tourismindustry; (e) a Icplescntative of the Airlines AJsociation (d) a rcprc8CDtativc oltbc CulturalDivision; (e) a representative ofthc Chamber ofCommeice; (f) such otIa' persons as Ibc MiDisIicr considers suitableI8Idns into aa:ount Ibcirqua1ifica. tioDI: ADd IldIIs related to trlI1IIe1. the tnurism indumy. rudional COIIlIeI'VBtion and environ mentalprotection, educationand culturaldevelopment. (2)A reference to lIlY personspecifiedin lIUb-pangraph (I) includes tbcacnniDee oftbat penon where the person specified is unableto auend• .1. Period ofemee (I) A mmoberof the ColDlCil.holdll office tor such period u the Mibisterdetermines unless be mriguS or his appointment is revoked beforethec:nd ofthat period. (2) A member is on theexpiration ortbe periodofhi8 appointment eliCiblefor rc-appointmeot for • ibrther period. 1 Removal Of CouneD meJRben 'Jlb<:~ Play at cmy lime revoke hy iDstrumeat in wriq the appointment oftbe ChairmluI, the Deputy Chairman or any other member of the- Council. 4. AppoiBtmeRt ofsubsdtutes (1) In the absence ofa member, or in caseofhis inability to act, tb: Ministermay appoint aDOlher person to acttemporarily in the placeof that member. (2) A person appointed to fill a vacancy in the mcmbc:nbip of the Council (aj shall be from the samecategoryofpersons IS the formermemberor be similarly quali £ed; and (b) holdsofficeonly for the unexpired portionof the-fonner membei~s term.. }Jo. 61lfZOO8. 21 The Tourism AuthorityAct. 2008. S. R~I;natioD of CO\l~~ nllO:mborll (1) An.y member of tileCouncil, other than the Chairmanor Deputy Chairman, may at any time resign his office by instrumentin writingaddressedto the Cha.irman, whoshall forthwithforward the inl'ltnJn'll~nt to the Minill.fer. (2) The ChalnnaD or Deputy Chairmanmay at any time resignhis officeby instrument in writing addressed to the Ministerand if the instrument so specifies,the Chairmanor DeputyChairmanceases to be a member. 6. Non-attendance to disqualify An.y memberoftheCouncilwho fails, withoutreasonableexcuse, toattend3 consecutive meetingsof the Council ceases to be a member, 1. Publication of Countilmembers' names The names.of'all members uflbt: Council as fUliL cUlllilitulcd and any change in the lIICtubt:ISWP ufthe Council shallbepublished in the OfficialGazette. 8. Time and place ofmeetings The Council shall meet at such times and at suchplaces as the Councilconsiders n~eS$3J)' or expe dient for the transactionof the business of the Council. 9. Special meetings The Chairmanmay at any time call a special meeting of the Council butshall call a special meeting within fourteendaysofthe receiptofa requestfor thatpurposeaddressed to him in writingand signed by any three members oftbe Council, 10. Quorum The quorumof the Council at any meetingis the majorityof the total membershipofthe Council. 11.Presiding at meetings The Chairmanor, in hisabsence. theDeputy Chairman slmllpreside at meetingsof the Council and, ill til(;" ablK'rn.;e ufbutJl /.hI:' Clla.inJUIU iUJJ IlJIl:' ~p".ly ChainnUI, ~Ie 11ll;llllbel5 plCliCiIl\ anY cuustituting a quorum shall elect a temporaryChairman fromamong their number to preside at that meeting. 12. Voting The decisions of the Council are to be by a majority of votes and, in any case in which the voting is TheTourism AuthorityAct, 2008. 22 No.6of2008. equal, the Chairman, Deputy Chairman or other member presiding atthe meeting has, in addition to an original vote, a second or casting vote. 13. Minutes (1) Minutes ofeach meeting are to be recorded and kept by the Secretary. (2) A copy of the minutes ofeach meeting signed by the Cbainnan or Deputy Chairman shall be forwarded to the Minister within fowteen daysafter the meeting at which they were confirmed. 14. Invited persons may attend meetings (I )Tbe Chairman ofthe Council may invite any person to anend the meetingofIbe Council where the Council considers it necessary to do so. (2) A person referred to in sub-paragraph (1) may take part in the deliberations ofthe Council but shall DOl VOle on any matter; 15. Council to regulate its own procedure Subject to this Schedule, the Cuuucil rnay regulate iLsuwn procedure ~I1d Olay delegate to any uf ill; members or to a committee of its members the power and authority to carry out on behalf of the Council such duties as the Council determines. Passed by the House ofRepresentatives on this21st day of July, 2008. D. Giselle Isaac-Arrindell, Speaker. L. Thomas, Acting Clorkto tho HOIUlo ofRepresentatives. Passed by the Senate on this 21st day of August, 2008. HazJyn M. Francis, President. L. Thomas, Ac/ing Clerk to the Senate.