Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 (No. 9 of 2011)

1 Short title and commencement .................................................................. 3 PART 2—GENERAL ............................................................................. 4

2 Changes to titles ........................................................................................ 4 PART 3—AUDIT ACT, CAP. 17.08 ..................................................... 4

3 Repeal........................................................................................................ 4 PART 4—CO-OPERATIVE SOCIETIES ACT, 2011........................ 4

4 Amendment of section 5 (Registrar) ......................................................... 4 PART 5—EDUCATION ACT, CAP. 16.01.......................................... 4

5 Amendment of section 2 (Interpretation) .................................................. 4

6 Amendment of section 135 (Duties of Teachers) ...................................... 5

7 Amendment of section 136 (Duties of Deputy Principal) ......................... 5

8 Amendment of section 137 (General responsibilities of Principal) ........... 5 PART 6—FIRE AND RESCUE ACT, CAP. 10.06.............................. 5

9 Section 4 replaced (Composition of Service) ............................................ 5

10 Amendment of section 14 (Punishments for gross indiscipline) ............... 6 PART 7—FORESTRY, WILDLIFE, NATIONAL PARKS & PROTECTED AREAS ACT, CAP. 12.13 ............................................ 6

11 Amendment of section 5 (Appointment of Officers)................................. 6 PART 8—INCOME AND CORPORATION TAX, CAP. 17.01 ........ 7

12 Section 42 amended (Appointment of administrative authority) .............. 7 ______________________________________________________ 1 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 PART 9—JURY ACT, CAP. 2.07 ......................................................... 7

13 Schedule amended (Persons Disqualified or Exempt from Jury Service) . 7 PART 10—MONTSERRAT COMMUNITY COLLEGE ACT, CAP. 16.06 ......................................................................................................... 8

14 Section 7 amended (Establishment and Functions of the Board) .............. 8

15 Section 24 amended (Secondment of public officers to the College) ....... 8 PART 11—PENAL CODE, CAP. 4.02 ................................................. 8

16 Insertion of new section ............................................................................ 8 PART 12—PENSIONS ACT, 2011 ....................................................... 9

17 Section 2 amended .................................................................................... 9

18 Sections 5 and 6 amended ......................................................................... 9

19 Section 16 amended ................................................................................ 10

20 Section 21 amended ................................................................................ 10

21 Section 23 deleted ................................................................................... 10 PART 13—PRISONS RULES, CAP. 10.04 ........................................ 10

22 Rule 39 amended ..................................................................................... 10

23 Rule 110 amended ................................................................................... 10 PART 14—PUBLIC FINANCE (MANAGEMENT AND ACCOUNTABILITY) ACT 2008, (NO. 7 OF 2008).......................... 10

24 Section 49 amended ................................................................................ 10

25 Section 52 amended ................................................................................ 11 PART 15—PUBLIC FINANCE (MANAGEMENT AND ACCOUNTABILITY) REGULATIONS 2009, (NO. 35 OF 2009)... 11

26 Regulation 24 amended ........................................................................... 11

27 Regulation 135 amended ......................................................................... 11 PART 16— OFFICIAL OATHS ACT (CAP. 0310) .......................... 12 28. Section 5 replaced (Oath of legislative councillor) ................................. 12 29. Section 6 replaced (Oath of executive councillor) .................................. 12 30. Schedule amended (Oath of Executive Councillor) ................................ 12 ______________________________________________________ 2 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 I ASSENT Adrian Davis Governor DATE: 17.8.2011 MONTSERRAT No. 9 of 2011 AN ACT TO MAKE CONSEQUENTIAL AMENDMENTS AS A RESULT OF THE MONTSERRAT CONSTITUTION ORDER. BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council of Montserrat and by the Authority of the same as follows— PART 1—MISCELLANEOUS

1 Short title and commencement (1) This Act may be cited as the Miscellaneous Amendments (Constitution of Montserrat) Act, 2011. (2) This Act shall come into force on the appointed day. ______________________________________________________ 3 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 (3) In this section “appointed day” has the same meaning as in the Constitution. PART 2—GENERAL

2 Changes to titles In an enactment or other document enacted before the appointed day a title or description appearing in the first column of the table in the Schedule repealed and replaced by the corresponding title in the second column. PART 3—AUDIT ACT, CAP. 17.08

3 Repeal The Audit Act, Cap.17.08 is hereby repealed. PART 4—CO-OPERATIVE SOCIETIES ACT, 2011

4 Amendment of section 5 (Registrar) Section 5(1) is amended by deleting the following words ―appointed by the Public Service Commission‖. PART 5—EDUCATION ACT, CAP. 16.01

5 Amendment of section 2 (Interpretation) Section 2 is amended by inserting the following definition in alphabetical order: ―“public service law” means any law relating to the matters referred to in ______________________________________________________ 4 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 section 24(2)(a)–(c) of the Montserrat Constitution Order, 2010;‖.

6 Amendment of section 135 (Duties of Teachers) Section 135(2) is amended by deleting the following words ―by the Public Service Commission in accordance with the regulations made for that purpose by the Commission‖ and replacing them with ―in accordance with the public service law.‖

7 Amendment of section 136 (Duties of Deputy Principal) Section 136(2) is amended by deleting the following words ―by the Public Service Commission in accordance with the regulations made for that purpose by the Commission‖ and replacing them with ―in accordance with the public service law.‖

8 Amendment of section 137 (General responsibilities of Principal) Section 137(2) is amended by deleting the following words ―by the Public Service Commission in accordance with the regulations made for that purpose by the Commission‖ and replacing them with ―in accordance with the public service law.‖ PART 6—FIRE AND RESCUE ACT, CAP. 10.06

9 Section 4 replaced (Composition of Service) Section 4 is repealed and replaced with the following: ―(1) The Service shall consist of— ______________________________________________________ 5 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 (a) the Commander of the Service who shall be responsible for the administration and overall command of the Service; (b) a Chief Fire Officer; (c) a Deputy Chief Fire Officer; (d) the number of fire officers and firemen that may be required for the purpose of this Act. (2) If a public officer is not appointed to the post of Commander of the Service, the Commissioner of Police is to be the Commander of the Service.‖.

10 Amendment of section 14 (Punishments for gross indiscipline) Section 14 (6) and (7) is amended by deleting ―Governor‖ and substituting ―Deputy Governor‖ wherever it appears in the section. PART 7—FORESTRY, WILDLIFE, NATIONAL PARKS & PROTECTED AREAS ACT, CAP. 12.13

11 Amendment of section 5 (Appointment of Officers) Section 5 is amended by— (a) inserting (1) at the beginning of the section; (b) deleting the following words ―The Governor may, after consultation with the Public Service Commission, appoint an‖ at the beginning of the section and replacing it with ―An‖; (c) inserting at the end of the section before the full stop, ―, may be appointed under the public service law.‖ (d) inserting the following new subsection (2): ______________________________________________________ 6 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 ―(2) In subsection (1), “public service law” means any law relating to the matters referred to in section 24(2)(a)–(c) of the Montserrat Constitution Order, 2010;‖. PART 8—INCOME AND CORPORATION TAX, CAP. 17.01

12 Section 42 amended (Appointment of administrative authority) Section 42 (1) is repealed and replaced by the following: ―(1) A Comptroller of Inland Revenue and such Officers and persons as may be necessary for the due administration of this Act may be appointed under the public service law.‖ PART 9—JURY ACT, CAP. 2.07

13 Schedule amended (Persons Disqualified or Exempt from Jury Service) Items 1 to 3 of the first Schedule is repealed and replaced with the following: ―Members of the Cabinet and the Cabinet Secretary; Members of the Legislative Assembly and the Speaker and Clerk; Members of the Public Service Commission, the Complaints Commission, the Electoral Commission and the Mercy Committee;‖. ______________________________________________________ 7 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 PART 10—MONTSERRAT COMMUNITY COLLEGE ACT, CAP. 16.06

14 Section 7 amended (Establishment and Functions of the Board) Section 7(4) is amended by deleting the words ―Public Service Commission‖ and substituting the words ―responsible authority under the public service law‖.

15 Section 24 amended (Secondment of public officers to the College) Section 24(1) is amended by deleting the words ―Public Service Commission, subject to such conditions as it may impose‖ and substituting the words ―responsible authority under the public service law, subject to such conditions as may be imposed‖. PART 11—PENAL CODE, CAP. 4.02

16 Insertion of new section The following section is inserted after section 85 of the Penal Code— “85A. Unauthorised sitting or voting in the Legislative Assembly For the purpose of section 73 of the Constitution, the penalty is $5,000.‖ ______________________________________________________ 8 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 PART 12—PENSIONS ACT, 2011

17 Section 2 amended Section 2 is amended— (a) by deleting the definitions of ―public officer‖ and ―public service‖ and substituting the following in alphabetical order: “public officer” has the same meaning as in the Montserrat Constitution Order, 2010, but does not include a person who holds office as a member of any board, panel, committee or other similar body (whether incorporated or not) established by any law; “public service” has the same meaning as in the Montserrat Constitution Order, 2010; (b) by inserting the following definition in alphabetical order: “public service law” means any law relating to the matters referred to in section 24(2)(a)–(c) of the Montserrat Constitution Order, 2010; and (c) in definitions of ―existing officer‖ and ―‖ new officer‖ by deleting the words ―31 December 2010‖ and substituting the words ―31 May 2011‖.

18 Sections 5 and 6 amended Section 5(2) and 6(d) are amended by deleting the words ―Public Administration Act, 2011‖ and substituting the words ―public service law‖. ______________________________________________________ 9 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011

19 Section 16 amended Section 16(1)(b)(ii) is amended by deleting the words ―regulation 25 of‖.

20 Section 21 amended Section 21 is amended by deleting the words ―Part 3‖ and substituting the words ―Part 2‖.

21 Section 23 deleted Section 23 is deleted. PART 13—PRISONS RULES, CAP. 10.04

22 Rule 39 amended Rule 39 is amended by deleting the words ―Public Service Commission‖ and substituting the words ―responsible authority under the public service law‖.

23 Rule 110 amended Rule 110 (2) is amended by deleting the words ―Public Service Commission‖ and substituting the words ―responsible authority under the public service law‖. PART 14—PUBLIC FINANCE (MANAGEMENT AND ACCOUNTABILITY) ACT 2008, (NO. 7 OF 2008)

24 Section 49 amended Section 49 (1) and (2) is amended by deleting the words ―Public Service Commission‖ and substituting ______________________________________________________ 10 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 the words ―responsible authority under the public service law‖.

25 Section 52 amended Section 52 (1) is amended by deleting the words ―Public Service Commission‖ and substituting the words ―responsible authority under the public service law‖. PART 15—PUBLIC FINANCE (MANAGEMENT AND ACCOUNTABILITY) REGULATIONS 2009, (NO. 35 OF 2009)

26 Regulation 24 amended Regulations 24 (3) is amended by deleting the words ―Public Service Commission‖ and substituting the words ―responsible authority under the public service law‖.

27 Regulation 135 amended Regulations 135(a) is amended by deleting the words ―Public Service Commission‖ and substituting the words ―responsible authority under the public service law‖. ______________________________________________________ 11 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 PART 16— OFFICIAL OATHS ACT (CAP. 03.10) 28. Section 5 replaced (Oath of legislative councillor) Section 5 is repealed and replaced with the following: “5. Oath of Member of the Legislative Assemby A member of the Legislative Assembly shall take the oath of allegiance only.‖ 29. Section 6 replaced (Oath of Executive councillor) Section 6 is repealed and replaced with the following: “6. Oath of Member of the Cabinet A member of the Cabinet shall take the oath of allegiance and the oath of fidelity in the discharge of his or her duties.‖ 30. Schedule amended (Oath of Executive Councillor) The Schedule is amended by— (a) deleting the heading ―Oath of Executive Councillor‖ and substituting the words ―Oath of member of Cabinet‖; (b) deleting the words ―Executive Council‖ and substituting the word ―Cabinet‖; (c) deleting the words ―Member of the Council‖ and substituting the words ―Member of the Cabinet‖; ______________________________________________________ 12 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 (d) deleting the word ―Councillor‖ and substituting the words ―member of Cabinet‖. _____________ SCHEDULE Title/Description in legislation Title/Description to be substituted Administrator Governor Administrator in Council Governor acting on the advice of Cabinet Attorney General Director of Public Prosecution (where the provision involves the exercise of powers conferred on the Director of Prosecution under section 46 of the Constitution) and Attorney General (in any other case) belonger Montserratian British Dependent British Overseas Territory Territory British Empire British Commonwealth Chief Minister Premier Clerk of Executive Secretary to the Cabinet Council Clerk (when referring to Secretary to the Cabinet Executive Council) ______________________________________________________ 13 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 Title/Description in legislation Title/Description to be substituted colony (when referring British Overseas Territory/Montserrat to Montserrat) Council (when referring Cabinet to Executive Council) Director of Audit Auditor General Executive Council Cabinet government officer public officer Governor in Council Governor acting on the advice of Cabinet police force (when police service referring to the Royal Montserrat Police Force) Legislative Council Legislative Assembly Royal Montserrat Police Royal Montserrat Police Service Force Treasurer Accountant General (except in the Acts specified in the Second and Third Schedules of Act 7 of 1966) ______________________________________________________ 14 Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 T. Bodkin SPEAKER Passed the Legislative Council this 5th day of August, 2011. Lynette Farrell CLERK OF COUNCIL (Ag.) ______________________________________________________ 15