Law Revision (Miscellaneous Amendments) (No. 2) Act, 2000 (No. 9 of 2000)

No. 9 of 2000. Law Revision (Miscellaneous) 1 (Amendments) (No. 2) Act AND [ L.S. I Assent, James B. Governor-General. 9th August 2000. ANTIGUA AND BARBUDA No. 9 of AN ACT to amend the provisions of certain Act, of Parliament [ August, 2000 ENACTED by the Parliament of Antigua and Barbuda as follows: 1. This Act may be cited as the Law Revision short title. (Amendments) (No. 2) Act 2000. 2. The Education Act is amended as follows (a) in section 2, by inserting in its appropriate alphabeti cal order the following means a school for the provision of orpre-school services for residential or non residential care of children under the age of five (5) years". "Institute of Higher Education" means an educational institution that Act Cap. 145. (a) admits as regular students only persons having a certificate of graduation from 10th ''Pre-School" daycare 2000. nursery ANTIGUA\ 2(X)(J. Carlisle, (Miscellaneous) Education ANTIGUA 2 Law Revision (Miscellaneous) No. 9 of 2000. AND (Amendments) (No. 2) Act 2000. BARBUDA school providing secondary education, or the recognized of such a is legally authorized to provide a programme of education beyond secondary education; (c) provides an educational programme for which the institution awards a bachelor's degree or provides not less than a programme that is acceptable for full credit toward such a degree; (d) is accredited by either a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted accreditation status by such an agency or association that has been by the Minister for the granting of accreditation status, and the Minister has that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within areasonable time; (e) any school that provides not less than a year programme of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (2) and (4). (b) in section by deleting the words "three hundred" and "seven hundred and fifty" substituting the word "one thousand" and two thousand" respectively; by the insertion after section 52 of the following to an 52A (1) No person on the coming into force of this Act, continue to operate education. in Antigua and Barbuda an institution of higher education unless he is the holder of a by the (c) Penni t operate institution of higher equivalent (b) certificate; determined 35(2), shall, establish or . ~!ranted Minister . 2-year pre recognised pre 1 (1), permit No. 9 of 2000. Law Revision 3 ANTIGUA (Amendments) (No. 2) Act 2000. AND BARBUDA (2) Any person who intends to establish or to operate an institution of higher education shall apply to the Minister in the prescribed form. (3) The Ministerrnay, after consultation with the Chief Education Officer or some other recognised educational institution in or outside Antigua or suspend apermit granted under Act. (4) The Minister may, by regulation (a) prescribe the requirements for establishing institutions of higher education; (b) establish standards for recognition and certificationof such institutions; make provision for the effective mainteance of any approved standards in such institutions. (5) Any person who contravenes this section or any regulation made thereunder commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months. 3. The Immigration and Passport Act is amended as follows - Immigration and Passport Act Cap. (a) in section 7, by the repeal of subsection (3) and the substitution of the following "(3) Every permanent resident certificate is valid for a period of twelve months and may be renewed on application to the Minister. (4) The Minister shall not renew any perma nent resident certificate issued under this Act unless he is satisfied that the requirements of section 17B have been fully complied with". (b) by therepeal of section 17 B, and the substitutionof the following (Miscellaneous) and Barbuda cancel this (c) 208. ANTIGUA 4 Law Revision No. 9 of 2000. AND (Amendments) (No. 2) A a 2000. BARBUDA (1) Any person who is not a prohibited immi grant or otherwise disqualified from entering into and Barbuda and who satisfies the Minister that (a) "he maintains a place of abode in Antigua and Barbuda for at least thirty (30) days in a year or engages in a substantial economic activity in Antiguaand Barbudaand approved by Cabinet." he is not suffering from any conta gious disease and has a certificate of his condition issued by a medical practitioner qualified to practise medicine in Antigua and Barbuda and approved by the Min ister; he has an annual income of not less than one hundred thousand United States dollars shall. otherwise disqualified under any other law, or declined by Cabi be registered under this Act as a permanent resident. (2) The Minister shall, acting on the advise of the Cabinet, register person as a permanent resident under section 17 B and issue to any person so registered, a certificate to be known as permanent resident (3) Any person who is granted a permanent resident certificate under this Act shall, while he remains a permanent resident under the scheme, pay annually to the Commissioner sf Inland Revenue a flat tax of twenty thousand States dollars 4. The External Trade Act is amended has follows Cap. 163. (a) in section 2, by the repeal of the definition of "Comp troller of and the substitution of the follow ing of means the officer for External Trade Act (Miscellan«Hu) Antigua pennanent (b) medical (c) (US$100,000), unless net, certificate. (US$20,000). Customs" ''Comptroller Customs" United No. 9 of Law Revision (Miscellaneous) ANTIGUA (Amendments) (No. 2 ) Act 2000. AND BARBUDA the time being performing the duties of Comp troller of Customs under the Customs (Control and Management) Act; means the to whom the of Trade is assigned; "Permanent Secretary" means Permanent Secretary within the Ministry for Trade. (b) by the deletion of the words ''Comptroller of Customs" wherever these words appear in sections and and by the substitution therefor of the word "Permanent Secretary". (c) in section 9, by the repeal of subsection (1) and the substitution of the following "An appeal shall lie to the Minister for a review of a decision made by the Permanent Secretary." 5. The Hotel Guest (Levy) Act is amended as follows - Hotel Guest (Levy) Act Cap. 202. (a) in section 2 by the deletion of the definition of "Min ister" and the substitution of the following "Minister" means the Minister to the of Tourism is assigned". Secretary" means the Permanent Secretary within the Ministry of Tourism. (b) by the repeal of section 3 and the substitution of the following (i) There is hereby established a Hotel Levy Fund (hereinafter referred to as "the There paid into the account of the Fund all collected by proprietors this Act. Subject to this Act, the Secretary may, time to authorise payments out of the Fund for the promotion and development of tourism in Antigua and Barbuda. 2000. (ii) (iii) "Minister" responsiblity 8, responsibility "Pennanent shall be monies from Minister the responsible 5 3,4,5,6,7, whom Fund"), under Pennanent time, ANTIGUA 6 Law Revision (Miscellaneous) No. 9 of 2000. AND (Amendments) (No. 2) Act 2000. BARBUDA by the repeal of section 5 and the substitution of the following (i) The Permanent Secretary shall open an account with a bank approvedby of Finance into which all monies collected under this Act shall be paid. by the repeal of section 7 and the substitution of the following (1) The Permanent Secretary shall every year prepare abudget in respect of the promotion and development of tourism for the approval of the Cabinet. (2) All withdrawals from the account of the Fund shall be by warrant and in accordance with the budget approved by the Cabinet and pre pared under subsection (1). The Larceny 6. The Larceny Act is amended by the insertion after section Cap. 241. the following Every person who, being armed with a commits any of the crimes mentioned under sections of not less than twenty-five years. (2) Every person who, being armed with a firearm, commits any of the crimes mentioned under sections 3 1 or 33 and if during the process of committing any of these aforesaid crimes, he also commits the crime of rape or buggery he shall be liable on conviction to imprisonment for life. 7. The amended Act Cap. 290. (a) in section by the renumbering of paragraphs and (h) as paragraphs (h) and (i) and by the insertion after paragraph (e) the following in so far as it may appear desirable to the Authority to do so, it may develop within Acl The National Parks (c) (d) "33A(l) the Minister 33 firearm, 29,30, 31or33shallbeliableonconvictiontoatermofimprisonment 29,30, National Parks Act is as follows 4(1), (f), (g) (g), "(t) No. 9 of 2000. Law Revision (Miscellaneous) 7 ANTIGUA (Amendments) (No. 2) Act 2000. AND Parks, places the carrying on of the business of a vendor and issue licences to persons to on the business of a vendor in such places, in section 26, by the deletion of paragraph and the substitution of the following "(c) provide for the fees and charges to be levied for entry or any therein or for any ser vices or amenities provided or for licences issued for on any business in a park;" 8. The St. John's Development Corporation Act is amended as st. ment Corporation Act Cap. 392. (a) in section 4 by deletion of the full stop after subsection (3) and by the insertion therefor of a semicolon and by the addition immediately after subsection (3) of the following new subparagraph provide and maintain places within a designated for the purpose of carry ing on the business of a vendor and licences to such business". (b) in section 26 by the renumbering of paragraph (c) as "(e)" and by the insertion after paragraph of the following "(c) the fees to be charged for licences issued to persons permitted to on the business of a vendor within designated areas; (d) on business of a vendor within fixing the penalty for contravening such 9. Vendors Act is amended as follows - Vendors Act Cap. 463. by the deletion of section 2 and the substitution of the (b) follows The (a) (j) "(g) for permitted carry (c) intoCrownLandinaPark buildings carrying area prescribing carry (j) toissue (b) prohibitingthecarrying ofthe thedesignatedareaand prohibition". following BARBUDA John's Develop 8 Law Revision (Miscellaneous) No. 9 of 2000. AND (Amendments) (No. 2) Act 2000. BARBUDA This Act applies to Vendors on all beaches and in any other place which the Min ister may prescribe". (b) in section 4 in any other section where the words "Director General" occur, by the insertion after the words "Director General" appearing therein of the words "or some other officer appointed by the Minis ter"; (c) in section 16, by the renumbering of paragraph (e) as paragraph and by the insertion after paragraph (d) of the following prescribing the conditions to be attached to licences issued under this Act"; (d) section 13 is repealed and substituted by the follow ing "17. Any person who contravenes any provi sions of this Act or the regulations made there under, commits an offence and is liable on conviction to a fine not exceeding five hundred dollars or to imprisonment not exceeding one month." (e) The Schedule isrepealed and ing SCHEDULE Fee fee Half yearly fee All beaches and places to which this Act applies $100.00 $50.00 Duplicate licence $ 50.00 10. The Transport Board Act is amended by the repeal of (1) and the substitution of the following of 1999. "(1) The Board shall keep accounts of its to the of the responsible for Finance and ANTIGUA TheT~ Board Act No. 13 "(2) (fJ "(e) subsection satisfaction substituted by the follow Annual transactions Minister No. 9 of 2000. Law Revision (Miscellaneous) 9 ANTIGUA (Amendments) (No. 2) Act 2000. AND BARBUDA the accounts shall be audited annually by the Director of Audit or by an auditor qualified to practise in Antigua and Barbuda and appointed by the Minister of Finance. 11. The Antigua and Barbuda Hospitals Board Act 1999 is Antigua and Bar amended by the insertion after section 11 of the following buda Board Act No. 1 of 1999. (a) by the repeal of the definitionof "general hospital" and the substitution of the following "the general hospital" means the i-Iolberton Hospital, the Medical Centre at Mount St. John's and any other premises which the Minister may, by notice published in the Gazette, declaretobe part ofthegeneral hospital. (b) by the insertion after section 11 of the following Appointment of (1) The Board shall appoint at Director of neration, terms and conditions approved by the Nursing. Cabinet, a Director of Nursing Services who shall be a qualified registerd nurse. (2) The Director of Nursing Services shall be responsible to the Hospitals Director for the programme and activities of nursing care of patients shall coordinate professional ac tivities of the nursing staff with those of the medical staff. (c) by the insertion after section of the following of any public officer who is seconded to shall, attheendofevery month after commencement of this Act, be paid into the consolidated Fund by the Board for the benefit of such public officers. (5) The payable as contributions by the Government under the Social Security Act in respect of each such public officer seconded to the Board shall, at the end of every month after commencement of this Act, be paid into the Consolidated Fund by the Board and such sums llA. 12(3) (4)Theemoluments theBoard sums Hospitals remu ANTIGUA 10 Law Revision (Miscellaneous) No. 9 of AND (Amendments) (No. 2 ) Act 2000. BARBUDA shall be paid by the Government into the Social Security Fund established under the Social Se curity Act. (6) The Board shall six months after the end of each financial year pay to the ment contributions to the pension and other rights of such public officers under the Pensions Act such of money as would have been due by the Government in respect of the accruing pension and other rights of such public officers under the Pensions Act had such public officers not been seconded to the Authority. by the renumbering of section 16 as section and by the insertion of the following For the year the monies approved by Parliament for the use of the Holberton Hospital and the Mental Hospital in the Esti mates of Recurrent Revenue and Expenditure, 2000 shall be deemed to be part of the monies appropriated by Parliament for use of the Board in accordance with the purposes for which they were approved." Passed the House of Representatives Passed the Senate this 20th day this 7th day of June, 2000. of June ,2000. Bridget Harris, Speaker. Yvonne Henry, Deputy Clerk to the House of Representatives. Senator Smith, Vice President. Sylvia Walker, Clerk to the Senate. Printed at the Government Printing Office, Antigua and Barbuda, by Donovan Southwell, Government Printer By Authority, 2000. 8-8-00 Price $4.35 2000. within Govern sums (d) 16(1) "(2) 2000, Llewellyn I 1