Barbados Tourism Authority Act

1. Short title.

2. Interpretation.

3. Establishment of the Authority.

4. Functions of the Authority.

5. Establishment of Board of Directors.

6. Remuneration of directors.

7. Disclosure of director's interest.

8. Disqualification of directors.

9. Appointment to offices.

10. Other staff.

11. Pension rights and service with Authority.

12. Savings of pension etc.

13. Contracts, rights and transfer of assets.

14. Directions of Minister.

15. Fees.

16. Funds and resources of the Authority.

17. Application of funds of the Authority. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 2 SECTION

18. Borrowing powers and additional working capital.

19. Guarantee.

20. Disposal of capital assets.

21. Accounts and audit.

22. Access by Auditor-General or auditor.

23. Annual report.

24. Estimates.

25. Licensing of tourist accommodation.

26. Suspension and cancellation of licence.

27. Appeals.

28. Register.

29. Tourism Advisory Council.

30. Tourism marketing plan.

31. Exemption from stamp duty and income tax.

32. Regulations.

33. Offences. ________________ FIRST SCHEDULE ________________ SECOND SCHEDULE 3 L.R.O. 2002 Barbados Tourism Authority CAP. 342 ss.1-2 CHAPTER 342 BARBADOS TOURISM AUTHORITY An Act to revise the Barbados Tourism Authority Act. 1995-15. 1996-23. 2002-7. [1st November, 1995] Commence- ment.

1. This Act may be cited as the Barbados Tourism Authority Act. Short title.

2. For the purposes of this Act, Interpreta- tion. "apartment" means any furnished premises in which (a) sleeping accommodation and self-catering facilities are provided in 3 or more self-contained units; and (b) a charge is made for the accommodation provided; "Authority" means the Barbados Tourism Authority established by section 3; "Board" means the Board of Directors of the Authority established by section 5; "Council" means the Tourism Advisory Council established by section 28; "former Act" means the Barbados Tourism Authority Act now repealed Cap. 342. and replaced by this Act; 1993-1. "guest house" means any premises in which (a) sleeping accommodation is provided in 3 or more bedrooms; (b) a charge is made for the accommodation provided; and (c) meals are served to residents; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O. 2002 4 ss.3-4 "hotel" means any building or group of buildings whether contiguous to each other or not and the grounds appurtenant thereto that operate as one business venture in which (a) sleeping accommodation is provided in 10 or more bedrooms; (b) a charge is made for the accommodation provided; and (c) meals are served to residents and non-residents; 2002-7. "tourist accommodation" means an apartment, a hotel, a guest house, villa or any other premises or place where accommodation is provided for tourists for reward; 2002-7. "villa" means a house that (a) has at least 3 bedrooms and is valued at not less than $525 000; (b) is managed by a company or real estate agent, and employs no less than 3 persons; (c) is registered with the Barbados Tourism Authority; and (d) is available for the accommodation of guests for reward for at least 9 months in every year. Establish- 3. (1) There is established an Authority to be known as the ment of the Barbados Tourism Authority. Authority. (2) The Authority is a body corporate to which section 21 of the Cap. 1. Interpretation Act applies. Functions 4. The functions of the Authority are of the Authority. (a) to promote, assist and facilitate the efficient development of tourism; (b) to design and implement suitable marketing strategies for the effective promotion of the tourism industry; 4A L.R.O. 2002 Barbados Tourism Authority CAP. 342 (c) to make provision for adequate and suitable air and sea passenger transport services to and from Barbados; (d) to encourage the establishment of amenities and facilities necessary for the proper enjoyment of Barbados as a tourist destination; (e) to carry out market intelligence in order to inform the needs of the tourism industry; (f) to register, license and classify tourist accommodation accord- ing to the standard of amenities provided; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 5 L.R.O. 1997 Barbados Tourism Authority CAP. 342 ss.5-8 (g) to register and classify restaurants catering primarily to tourists, according to the standard of cuisine and amenities provided; (h) to register and regulate such forms of service for tourists as the Minister determines; and (i) to do such other things that in the opinion of the Authority, would facilitate the proper discharge of its functions or would be incidental or conducive thereto.

5. (1) There is established a Board of Directors of the Authority Establish- which shall be responsible for the execution of the policy of the ment of Board of Authority and for the general administration of the Authority. Directors. (2) The First Schedule has effect with respect to the constitution First of the Board and otherwise in relation thereto. Schedule.

6. The Authority shall pay Remunera- tion of (a) to each director of the Authority, in respect of that office; and directors. (b) to the Chairman in respect of the office of Chairman, such remuneration and allowances, if any, as the Minister determines.

7. (1) A director who has any interest in a company or concern Disclosure of with which the Authority proposes to make a contract or otherwise director's interest. transact business shall disclose to the Authority the particulars of that interest; and details of the disclosure shall be recorded in the minutes taken at the meeting at which the disclosure is made. (2) A director referred to in subsection (1) shall not take part in any deliberation or discussion of the Board relating to that contract or business.

8. A person is not qualified for appointment as a director if he is Disqualifica- employed by the Authority. tion of directors. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 6 ss.9-11 Appoint- 9. (1) The Authority shall, with the approval of the Minister, ment to appoint such persons to such offices as may be designated by the offices. Minister. (2) The chief executive officer of the Authority, by whatever name called, is subject to the directions of the Board and responsible to the Board for the execution of its policy and the management of its affairs. Other staff. 10. (1) Subject to subsections (3) and (4), the Authority may appoint and employ such officers, agents and servants as it considers necessary for the proper carrying into effect of the provisions of this Act, at such remuneration and on such terms and conditions as the Minister approves in writing. (2) Notwithstanding subsection (1), no post shall be established and no salary in excess of such amount as the Minister may determine and may notify in writing to the Authority shall be assigned to any post without the prior approval of the Minister. (3) A person appointed by the Authority under subsection (1) shall not be assigned by the Authority to a post outside Barbados without the prior approval of the Minister. (4) Subject to this Act, the officers and other employees who, immediately before the 1st November, 1995, were members of the staff of the Barbados Tourism Authority established by the former Act shall upon that date comprise the staff of the Authority. Cap. 384. (5) Subject to this Act and to the Statutory Boards (Pensions) Act, no provision shall be made for the payment of any pension, gratuity or other like benefit to any person employed by the Authority without the prior approval in writing of the Minister. Pension 11. (1) The officers and employees referred to in section 10(4) rights and shall retain all rights in respect of pension, gratuity or other like service with Authority. benefit accruing to them immediately before the 1st November, 1995. (2) Where a public officer is seconded or temporarily transferred from a pensionable office within the meaning of section 2(1) of the Cap. 25. Pensions Act to perform any service with the Authority, his service 7 L.R.O. 1997 Barbados Tourism Authority CAP. 342 ss.12-13 with the Authority shall, unless the Governor-General otherwise decides, count for pension under that Act as if the officer had not been so seconded or transferred. (3) Where the services of a person employed by the Authority are on loan to the Government that person is entitled to such benefits and terms of employment as are applicable to the post which he occupies, and the service with the Authority shall be taken into account as continuous service with the Government and the Pensions Act and Cap. 25. Pensions Regulations, 1947 shall apply to him as if his service with the Authority were service within the meaning of that Act. (4) Where a public officer is transferred to the service of the Authority in accordance with subsection (2), the Authority shall refund to the Consolidated Fund all moneys payable as pension in respect of the service of that officer with the Authority.

12. Where a public officer who has pensionable service is Savings of transferred to or becomes employed in the service of the Authority, his pension 1996-23. etc. service with the Authority shall, whether or not there was a break in service, be aggregated with his service in the public service and his pension shall be calculated in accordance with the Pensions Act and Cap. 25. the Pensions Regulations, 1947 as if all of his service was service in L.N. 1947 the public service. No. 20.

13. With effect from the 1st November, 1995 Contracts, rights and transfer of (a) any contract entered into, by or on behalf of the Barbados assets. Tourism Authority established by section 3 of the former Act, shall be deemed to have been entered into, by or on behalf of the Barbados Tourism Authority established by section 3 of this Act; (b) any right, privilege, duty or obligation conferred or imposed on the Barbados Tourism Authority established by section 3 of the former Act, and existing immediately before the 1st November, 1995, shall be deemed to be conferred or imposed on the Barbados Tourism Authority established by section 3 of this Act; THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 8 ss.14-16 (c) the services of a person who immediately before the 1st November, 1995 was employed by the Barbados Tourism Authority established by section 3 of the former Act, and who is employed by the Authority established under this Act, shall be treated as continuous for purposes of calculating pension- able service; and (d) all assets and liabilities of the Barbados Tourism Authority established by section 3 of the former Act are deemed to be transferred to the Barbados Tourism Authority established by section 3 of this Act. Directions 14. The Minister may give the Authority directions of a general of Minister. nature in respect of the policy to be followed by the Authority in the performance of its functions under this Act, and the Authority shall comply with those directions. Fees. 15. The Authority may charge such fees as are prescribed by order made by the Minister responsible for Finance (a) for the issue or renewal of licences; and (b) for any service performed by it. Funds and 16. The funds and resources of the Authority shall comprise resources of the (a) such amounts as may be voted for the purpose by Parliament; Authority. (b) all amounts payable to the Authority in respect of advertise- ment or any other service performed by the Authority; (c) all amounts collected under the authority of regulations made under this Act; (d) amounts borrowed by the Authority for the purpose of meet- ing or discharging any of its obligations; and (e) all 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. 9 L.R.O. 1997 Barbados Tourism Authority CAP. 342 ss.17-20

17. The funds of the Authority shall be applied towards Application of funds of the (a) the payment of salaries, wages, fees, allowances, pensions, Authority. gratuities or similar benefits of persons employed or formerly employed by the Authority; and (b) the meeting of obligations and the performance of any of the functions of the Authority and matters incidental thereto.

18. (1) The Authority may, with the approval in writing of the Borrowing Minister responsible for Finance, borrow money from the Govern- powers and additional ment of Barbados or any person by way of loan, overdraft or other- working wise upon such terms with respect to the borrowing, issue, transfer capital. and interest as the Minister responsible for Finance approves for (a) the provision of working capital; or (b) the performance of the functions of the Authority under this Act. (2) The Authority may, with the approval of the Minister, raise additional working capital.

19. (1) The Government of Barbados may guarantee in such Guarantee. manner and on such conditions as Parliament thinks fit, the satisfac- tion of (a) any loan to the Authority; and (b) interest charges or any other charges in respect of a loan to the Authority. (2) Subsection (1) does not apply to a loan from the Government of Barbados.

20. The Authority shall not, without the prior approval in writing Disposal of of the Minister responsible for Finance capital assets. (a) dispose of its capital assets; or (b) apply the proceeds of a disposal to which paragraph (a) refers, to any undertaking. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 10 ss.21-24 Accounts 21. (1) The Authority shall keep accounts of its transactions in and audit. accordance with generally accepted accounting principles and such accounts shall be audited annually by an auditor appointed by the Authority with the approval of the Minister. (2) The Auditor-General may at any time and shall, on the direction of the Minister responsible for Finance, carry out an investigation or audit of the accounts of the Authority. Access by 22. A director, officer or employee of the Authority shall afford Auditor- the Auditor-General or other auditor appointed under section 20, General or auditor. access to all books, documents, cash and securities of the Authority and, on request, give to the Auditor-General or auditor any informa- tion within the knowledge of that director or employee that relates to the operation of the Authority. Annual 23. (1) The Authority shall as soon as possible after the end of report. each year and, in any event, not later than 5 months from the end of any year, submit to the Minister a report containing (a) an account of the performance of the activities and operations of the Authority and an analysis of the performance of the tourism industry during the preceding year; (b) an assessment of any marketing and advertising programme undertaken; and (c) a statement of the audited accounts of the Authority. (2) The Minister shall lay before Parliament a copy of the report referred to in subsection (1) as soon as practicable after receiving that report. (3) A copy of the audited statement of accounts shall be published in the Official Gazette. Estimates. 24. The Authority shall, not later than 31st day of October of each year, in such form as the Minister directs, submit to the Minister for approval estimates of the income receivable by the Authority, its capital expenditure and the total of its recurrent expenditure for the following financial year. 11 L.R.O. 1997 Barbados Tourism Authority CAP. 342 ss.25-26

25. (1) No person shall operate any tourist accommodation Licensing of unless that person first applies for and obtains a licence issued in tourist accommoda- accordance with the regulations. tion. (2) A licence issued to an applicant under subsection (1) is subject to such conditions as may be prescribed. (3) A licence unless withdrawn in the manner specified by section 26, is valid from the date of issue to the 31st day of December of the year during which the licence was issued, and is renewable annually not later than the 1st day of January of each year.

26. (1) The Authority may suspend a licence where the person to Suspension whom the licence is issued and cancellation of licence. (a) fails to keep the premises in a sanitary, safe and otherwise satisfactory condition; (b) engages in, permits or fails to take reasonable steps to prevent conduct that is likely to endanger the health, safety or well- being of occupants; or (c) has been notified that the cancellation of his licence is being considered for alleged contraventions of this Act or the regulations. (2) The Authority may cancel a licence where (a) the person to whom that licence has been issued has ceased to operate the premises to which it relates as tourist accommodation; (b) a person whose licence has been suspended and who has been required to comply with any direction, fails within the period specified in the notice of suspension, to comply with that direction; (c) any circumstance exists which would have prevented the grant of a licence; or (d) the person to whom a licence has been issued has been convicted of a prescribed offence. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 12 (3) Where the Authority proposes to suspend a licence, it shall give to the person to whom the licence is issued notice in writing of the proposed suspension. (4) A notice referred to in subsection (3) shall (a) specify the reason for the suspension; and (b) contain a statement that the person in respect of whom the notice has been given may, not later than 30 days from the date on which the notice is given, submit to the Authority in writing reasons why the licence should not be suspended. (5) The Authority shall after the expiry of the 30-day period mentioned in subsection (4) make a decision, taking into account the reasons submitted to it by the person to whom the licence is issued, as to whether or not the licence should be suspended. (6) Where a licence has been suspended in accordance with subsection (1)(a) or (b), the Authority shall in writing (a) notify the person whose licence is suspended of the suspen- sion and the period of suspension; (b) require that person to comply, within the period of suspension, with any direction given by the Authority; and (c) notify the person whose licence is suspended that he may apply to the Minister for a review of the decision. (7) Where the Authority decides to cancel a licence it shall give to the person to whom the licence is issued notice of the cancellation. (8) A notice of cancellation shall (a) specify the reason for the cancellation; (b) specify the date when the cancellation takes effect; and (c) contain a statement that the person to whom the notice has been given may apply to the Minister for a review of the decision not later than 30 days from the date on which the notice has been given. 13 L.R.O. 1997 Barbados Tourism Authority CAP. 342 ss.27-31

27. A person who applies to the Minister for a review of the Appeals. decision of the Authority to refuse a licence to that person or to suspend or to cancel that person's licence and who is aggrieved by the decision of the Minister in respect of the refusal, suspension or cancellation may appeal against the Minister's decision to a judge in chambers whose decision shall be final.

28. The Authority shall keep a register of all tourist accommoda- Register. tion in respect of which licences have been granted under this Act.

29. (1) There is established a body to be known as the Tourism Tourism Advisory Council. Advisory Council. (2) The Second Schedule has effect with respect to the constitu- Second tion of the Council and otherwise in relation thereto. Schedule. (3) The Council shall advise the Minister on any matter connected to tourism as the Council thinks fit or that is referred to it by the Minister.

30. (1) The Authority shall prepare and submit to the Minister Tourism an annual tourism marketing plan for the conduct of tourism promo- marketing plan. tion in Barbados and abroad. (2) The plan referred to in subsection (1) shall (a) serve as a guide for structuring the programme of tourism promotion and visitor service activities for the succeeding year; and (b) specify the aims of the programme and outline the methods to be employed to accomplish those aims.

31. (1) No stamp duty shall be chargeable in respect of any Exemption instrument by or on behalf of or in favour of the Authority in cases from stamp duty and where, but for this exemption, the Authority would be liable to pay income tax. the duty chargeable in respect of such instrument. (2) The Authority shall not be liable for the payment of any income tax or other tax on or in respect of its income, revenue or receipts, or any part thereof imposed under any law in force in Barbados. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 14 ss.32-33 Regulations. 32. The Authority may, with the approval of the Minister, make regulations (a) in respect of the registration, licensing and classification of tourist accommodation; (b) in respect of the registration of restaurants catering primarily for tourists and the classification of such restaurants according to the standards of cuisine and amenities provided; (c) in respect of the keeping of records by persons operating tourist accommodation, of the number of tourists capable of being accommodated; (d) in respect of the imposition of fees or charges for services rendered by the Authority; (e) in respect of the fees to be paid in respect of any licence granted under this Act; (f) in respect of the form and manner in which applications for licences under this Act shall be made; or (g) generally for giving effect to the provisions of this Act. Offences. 33. (1) A person who operates any tourist accommodation in contravention of section 25 is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to imprisonment for 1 year and, where the offence is continued after conviction, that person is guilty of a continuing offence and is liable to a fine of $500 for each day during which the offence is continued. (2) A person who prevents or obstructs the entry into tourist accommodation or any place within the curtilage thereof of any person in the execution of his duty under this Act or the regulations is guilty of an offence and is liable on summary conviction to a fine of $1 000 or to imprisonment for 6 months or to both. (3) A person who fails to comply with section 22 is guilty of an offence and is liable on summary conviction to a fine of $1 000 or to imprisonment for 6 months or to both. 15 L.R.O. 1997 Barbados Tourism Authority CAP. 342

FIRST SCHEDULE (Section 5(2)) Constitution, Procedure and Functions of the Board of Directors 1. The Board shall comprise Constitution of Board. (a) a Chairman and Deputy Chairman; and (b) such other members as the Minister may appoint by instrument in writing. 2. The Minister may, in accordance with paragraph 1(b), appoint any person to Temporary act temporarily in the place of any director who is absent from Barbados or is appointment unable to act. of Board. 3. (1) A director holds office for such period as the Minister determines Tenure. unless he resigns or his appointment is revoked before the end of that period. (2) Every director is, on the expiration of the period of his appointment, eligible for re-appointment for a further period. (3) Where a vacancy is created by the death, resignation or removal from office of a director, a person may be appointed in accordance with paragraph 1(b) to fill that vacancy. 4. The Chairman or Deputy Chairman may at any time resign his office by Resignation instrument in writing addressed to the Minister and, upon the receipt by the of Chairman Minister of the instrument, the Chairman or Deputy Chairman ceases to be and Deputy Chairman. Chairman or Deputy Chairman and, if the instrument so specifies, also ceases to be a director. 5. A director, other than the Chairman or Deputy Chairman may at any time Resignation resign his office by instrument in writing addressed to the Minister and transmit the of Director. instrument through the Chairman and, from the date of the receipt by the Minister of the instrument, the director ceases to be a director. 6. Any director who fails, without reasonable excuse, to attend 3 consecutive Automatic meetings of the Board ceases to be a director and is not eligible for appointment to termination the Board until the expiry of 3 years from the date when he ceases to be a director. of member- ship. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 16 Revocation 7. The Minister may at any time by instrument in writing revoke the appoint- of ment of any director. member- ship. Notice in 8. The appointment and the cessation of appointment of a director shall be Official notified in the Official Gazette. Gazette. Seal. 9. (1) The seal of the Authority shall be kept in the custody of the Chairman or Deputy Chairman, or such officer of the Authority as the Authority approves, and may be affixed to documents or instruments pursuant to a resolution of the Author- ity in the presence of the Chairman or Deputy Chairman and the Secretary. (2) The seal of the Authority shall be authenticated by the signature of the Chairman and the Secretary. (3) All documents or instruments, other than those required by law to be under seal, and all decisions of the Authority may be signified under the hand of the Chairman or Deputy Chairman. Meetings. 10. The Board shall meet at least once a month and at such other times as may be necessary or expedient for the transaction of its business. Special 11. The Chairman or, in the event of his absence from Barbados or inability to meetings. act as such, the Deputy Chairman may at any time call a meeting of the Board and shall call a meeting within 7 days (a) of the receipt by him of a request for that purpose addressed to him in writing and signed by 3 other directors; (b) of receiving a direction to that effect addressed to him in writing and signed by the Minister. Presiding at 12. The Chairman or, in his absence, the Deputy Chairman shall preside at all meetings. meetings of the Board and, in the case of the absence of both, the directors present and constituting a quorum shall elect a temporary Chairman from among their number who shall preside at the meeting. Quorum. 13. A majority of the directors shall constitute a quorum. Decisions. 14. The decisions of the Board shall be by a majority of votes and, in any case in which the voting is equal, the Chairman, the Deputy Chairman or temporary Chairman presiding at the meeting has, in addition to an original vote, a second or casting vote. 17 L.R.O. 1997 Barbados Tourism Authority CAP. 342 15. (1) Minutes in proper form of each meeting shall be kept by the Secretary Minutes. or such officer as the Authority appoints for the purpose and shall be confirmed in writing at the next meeting by the Chairman or Deputy Chairman. (2) Confirmed minutes of meetings shall be submitted to the Minister within 1 month of the date of the meeting at which they were confirmed. 16. (1) The Chairman may invite any person to attend a meeting of the Board Attendance where the Board considers it necessary to do so. of non- members at meetings. (2) A person referred to in sub-paragraph (1) may take part in the delibera- tions of the Board but shall not vote on any matter. 17. (1) The Board may appoint committees to assist with the proper Appointment discharge of its functions subject to such conditions or restrictions as the Board of imposes. committees. (2) The number of members of a committee appointed by the Board and the terms of office of the members shall be fixed by the Board. (3) A committee appointed by the Board under this paragraph may include persons who are not directors but such persons shall not comprise more than one- third of the membership of the committee. 18. Where a person other than a director is appointed to a committee under Remunera- paragraph 17, the Board may, with the approval of the Minister, determine the tion. remuneration and allowances to be paid to that person. 19. Any act done or proceeding taken by the Board under this Act or the regu- Validity of lations may not be questioned on the ground of decisions of the Board. (a) the existence of any vacancy in the membership of or of any defect in the constitution of the Board; (b) any omission, defect or irregularity that does not affect the merits of the case. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 18

SECOND SCHEDULE (Section 28(2)) Constitution and Procedure of the Tourism Advisory Council Constitution 1. (1) The Council comprises and appoint- (a) the Chief Immigration Officer, the Commissioner of Police, the ment. Comptroller of Customs who shall be members ex officio, and an Environmental Officer of the Ministry of the Environment; and (b) a Chairman, a Deputy Chairman and such other persons as the Minister may appoint by instrument in writing and includes the following persons: (i) a representative of the Barbados Hotel and Tourism Association; (ii) a representative of a registered trade union representing the majority of employees in the tourism industry; (iii) a representative of the Airlines Association of Barbados Inc.; (iv) a representative of the National Cultural Foundation; (v) a representative of the Barbados Chamber of Commerce; (vi) such other persons as the Minister considers suitable taking into account their qualifications and skills related to travel, the tourism industry, national conservation and environmental protection, education and cultural development. (2) A reference to any person specified in sub-paragraph (1) includes the nominee of that person where the person specified is unable to attend. Tenure. 2. (1) A member of the Council holds office for such period as the Minister determines unless he resigns or his appointment is revoked before the end of that period. (2) A member is on the expiration of the period of his appointment eligible for re-appointment for a further period. Revocation 3. The Minister may at any time revoke by instrument in writing the appoint- of ment of the Chairman, the Deputy Chairman or any other member of the Council. appoint- ment. 19 L.R.O. 1997 Barbados Tourism Authority CAP. 342 4. (1) In the absence of a member, or in case of his inability to act, the Temporary Minister may appoint another person to act temporarily in the place of that appointment. member. (2) A person appointed to fill a vacancy in the membership of the Council (a) shall be from the same category of persons as the former member or be similarly qualified; and (b) holds office only for the unexpired portion of the former member's term. 5. (1) Any member of the Council, other than the Chairman or Deputy Resignation. Chairman, may at any time resign his office by instrument in writing addressed to the Chairman, who shall forthwith forward the instrument to the Minister; and the member ceases to be a member of the Council upon the receipt by the Chairman of the instrument. (2) The Chairman or Deputy Chairman may at any time resign his office by instrument in writing addressed to the Minister and, upon the receipt by the Minister of the instrument, ceases to be Chairman or Deputy Chairman and, if the instrument so specifies, ceases to a member. 6. Any member of the Council who fails, without reasonable excuse, to attend Automatic 3 consecutive meetings of the Council ceases to be a member. termination of member- ship. 7. The names of all members of the Council as first constituted and any change Publication in the membership of the Council shall be published in the Official Gazette. of member- ship. 8. The Council shall meet at such times and at such places as the Council con- Meetings. siders necessary or expedient for the transaction of the business of the Council. 9. The Chairman may at any time call a special meeting of the Council Special and shall call a special meeting within 14 days of the receipt of a request for that meetings. purpose addressed to him in writing and signed by any 3 members of the Council. 10. The quorum of the Council at any meeting is the majority of the total Quorum. membership of the Council. 11. The Chairman or, in his absence, the Deputy Chairman shall preside at Presiding at meetings of the Council and, in the absence of both the Chairman and the Deputy meetings. Chairman, the members present and constituting a quorum shall elect a temporary Chairman from among their number to preside at that meeting. THE LAWS OF BARBADOS Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados CAP. 342 Barbados Tourism Authority L.R.O.1997 20 Decisions. 12. The decisions of the Council are to be by a majority of votes and, in any case in which the voting is equal, the Chairman, Deputy Chairman or other member presiding at the meeting has, in addition to an original vote, a second or casting vote. Minutes. 13. (1) Minutes of each meeting are to be recorded and kept by the Secretary. (2) The Secretary shall be a public officer designated by the Minister. (3) A certified copy of the minutes of each meeting confirmed by the Chairman or Deputy Chairman shall be forwarded to the Minister within 14 days after the meeting at which they were confirmed. Attendance 14. (1) The Chairman of the Council may invite any public officer or of public any person to attend the meeting of the Council where the Council considers it officers and necessary to do so. others at meetings. (2) A person referred to in sub-paragraph (1) may take part in the deliberations of the Council but may not vote on any matter. Procedure. 15. Subject to this Schedule, the Council may regulate its own procedure and may delegate to any of its 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. Remunera- 16. The Chairman, Deputy Chairman and other members of the Council are tion and entitled to such remuneration and allowances as the Minister determines. allowances.