Miscellaneous and Interpretation

CHAPTER X MISCELLANEOUS AND INTERPRETATION

115. Appointments

1. Where any person has vacated any office established by this Constitution (including any office established under section 41(1), 64(1) and 80(2)) he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.

2. Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance f this subsection, then for the purposes of any function conferred upon the holder of that office the person has appointed shall be deemed to be the sole holder of the office.

3. Subsection (2) shall have effect in relation to the office of a Judge as if that office were a public office

116. Resignations

1. Any person who is appointed or elected to or otherwise selected for any office established by this Constitution (including any office established under section 41(1), 64(1) or 80(2), may resign from that office and, save as otherwise provided by section 40(3) or 45(1), shall do so by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected.

2. The resignation of any person from any such office as aforesaid signified by writing under his hand shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorized by that person or authority to receive it or employed to assist that person into her performance of the functions of his office.

117. Vacation of office on attaining a prescribed age

Where by this Constitution a person is required to vacate an office when he attains an age prescribed by or under the provisions of this Constitution, nothing done by him in the performance of the functions of that office shall be invalid by reason only that he has attained the age so prescribed.

118. Interpretation

1. In this Constitution -
"Act of Parliament" means any law made by Parliament;
"the Commonwealth" means Barbados, any country to which section 8 applies and any dependency of any such country;
"the Consolidated Fund" means the Consolidated Fund established by section 107;
"House" means the Senate or the House of Assembly, as the context may require;
"Judge" means the Chief Justice and any other Judge of the supreme Court;
"law" includes any instrument having the force of law and any unwritten rule of law;
"oath of allegiance" means the oath of allegiance set out in the First Schedule;
"Parliament" means the Parliament of Barbados;
"Police Force" means the Royal Barbados Police Force established under the Police Act, 1961(a);
"public office" means any office of emolument in the public service;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"the public service" means subject to the provisions of subsection (7), the service of the Crown in a civil capacity in respect of the government of Barbados;
" session" means, in relation to Parliament, the sittings of Parliament commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee;
"Speaker" and "Deputy Speaker" mean the member of the House of Assembly from time to time elected by that House to be respectively Speaker or Deputy Speaker of that House.

2. For the purposes of this Constitution the territory of Barbados shall compose all the areas that were comprised therein immediately before 30th November 1966 together with such other areas as Parliament may declare to form part thereof.

3. Any reference in this Constitution to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion or transfer to that office and to power to appoint a person to act in or perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions.

4. Any reference in this Constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office.

5. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to perform the functions of any office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of that office was not or is not unable to perform those functions.

6. For the purposes of this Constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt for a pension or other like allowance in respect of public service.

7. In this Constitution references to the public service shall not be construed as including service in -
  1. the office of Governor General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President, Deputy President or member of the Senate, speaker, Deputy Speaker, or member of the House of Assembly or member of the Privy Council;
  2. the office of a member of the Judicial and Legal Service Commission, the public Service Commission or the Police Service Commission;
  3. the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in Barbados; or
  4. except as otherwise provided in this Constitution, the office of a Judge or any office on the personal staff of the Governor General.
8. References in this Constitution to the power to remove a public officer shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:
Provided that -
  1. nothing in this subsection shall be construed as conferring on any person or authority power to require a Judge or the Director of Public Prosecutions or the Auditor General to retire from the public service; and
  2. any power conferred by any law to permit a person to retire form the public service shall, in the case of any public officer who may be removed from office by some person or authority other than the Governor General acting in accordance with the advice of a Commission established by this Constitution, vest in the Governor General acting on the recommendation of the Public Service Commission.
9. Where any power is conferred by this Constitution to make any proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order or directions.

10. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or nay other law.

11. The interpretation Act 1966(a) as in force on 29th November 1966 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, an Act of The Legislature of Barbados passed after the commencement of the aforesaid Act.
Section 34, 69, 79(7), 83 and 117(1)

FIRST SCHEDULE OATHS

OATH OF ALLEGIANCE

I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law. So help me God.

Oath for the due execution of the office of Governor General

I, , do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and successors, in the office of Governor General. So help me God.

Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary secretary

I, , being appointed Prime Minister/Minister/Parliamentary Secretary, do swear that I will do the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor General (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Barbados, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Barbados, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as Prime Minister/Minister/Parliamentary Secretary or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Minister/Parliamentary Secretary, so Help me God.

Oath for the due execution of the office of Director of Public Prosecutions.

I, , do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Director of Public Prosecutions. So help me god.

Judicial Oath.

I, , do swear that I will well and truly serve Our Sovereign Lady Queen Elizabeth II, Her Heirs and Successors, in the office of Chief Justice/Judge of the Supreme Court and I will do right to all manner of people after the laws and usage of Barbados without fear or favour, affection or ill will. so help me God.
Sections 84(6) and 105(5)

SECOND SCHEDULE PROVISIONS RELATING TO CERTAIN TRIBUNALS

1. If a member of the tribunal dies or resigns from his office or becomes unable to perform the functions thereof, another person   qualified to be appointed as a member of the tribunal may           be appointed in his place.

2. The Governor General may appoint a secretary to the tribunal to record the proceedings of the tribunal and generally to perform such duties connected with the enquiry as the tribunal may direct.

3. If the members of the tribunal are equally divided on any question that arises during the proceedings of the tribunal, the chairman of the tribunal shall have and exercise a casting vote.

4. The tribunal may regulate its own procedure and may make rules for this purpose.

5. No member of the tribunal shall be liable to any action or suit for anything done by him as a member of the tribunal.

6. The tribunal shall have the powers of the Supreme Court to summon witnesses, to call for the production of documents and to examine persons appearing before it on oath. All summonses for the attendance of witnesses or the production of documents shall be signed by one of the members of the tribunal, and oaths may be administered by one of the members or by the secretary to the tribunal.

7.
  1. All persons summoned to attend and give evidence or to produce documents at any sitting of the tribunal shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas issued from the Supreme Court, and shall be entitled to the like expenses as if the had been summoned at the instance of the Crown to attend the Supreme Court on a criminal trial, if the same shall be allowed by the tribunal, but the tribunal may disallow the whole or any part of such expenses in any case of it thinks fit. The procedure for the payment of such witnesses shall be the same as nearly as may be for the payment of witnesses in the Supreme Court.
  2. Every person refusing or omitting, without sufficient cause, to attend at the time and place mentioned in the summons served on him, and every person attending, but leaving the enquiry without the permission of the tribunal, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the tribunal, or refusing or omitting without sufficient cause to produce any documents in his possession or under his control and mentioned or referred to in the summons served on him, and every person who shall at any sitting of the tribunal willfully insult any member of the tribunal or the secretary or wilfully interrupt the proceedings of the tribunal shall be liable to a penalty not exceeding five hundred dollars to be recovered in a summary manner before any Magistrate.
  3. A person giving evidence before the tribunal shall not be compellable to criminate himself, and every such person shall, in respect of any evidence given by him before the tribunal, be entitled to all privileges to which a witness giving evidence before the Supreme Court is entitled in respect of evidence given by him before that Court.
8. The person to whom the enquiry relates shall be entitled to be represented at the enquiry by a person entitled to practice in Barbados as a barrister or solicitor, and any other person concerned in the enquiry may, by leave of the tribunal, be so represented.

9. The Governor General may direct the Commissioner of Police to detail constables to attend upon the tribunal to preserve order during the proceedings of the tribunal, and to serve summonses on witnesses, and to perform such ministerial duties as the tribunal may direct.

10. The Governor General may direct -
  1. what remuneration, if any, shall be paid to the members of the tribunal and to the secretary and to any other persons employed in connection with the proceedings of the tribunal; and
  2. payment of any other expenses attendant upon the carrying out of the enquiry or upon any proceedings for any penalty under this Schedule.
  3. Any sums directed to be paid under the preceding subparagraph are hereby charged on the Consolidated Fund.
11. No proceeding shall be commenced for any penalty under this Schedule except by the direction of the Director of Public Prosecutions or of the tribunal. The tribunal may direct their secretary, or such other person as they may think fit, to commence and prosecute the proceedings for any such penalty.