this bill would establish a regime, including an integrity
TRANSCRIPT
2020-07-21
Bill as amended
OBJECTS AND REASONS
This Bill would establish a regime, including an integrity commission, topromote the integrity of persons in public life and strengthen measures for theprevention, detection, investigation and prosecution of acts of corruption, alterthe Constitution to the extent necessary for the purpose and provide for relatedmatters.
Arrangement of Sections
PART I
PRELIMINARY
Short title
Interpretation
PART II
INTEGRITY COMMISSION
Establishment of Integrity Commission
Functions of Commission
Consultation
Agreements and exchange of information with law enforcement agencies
Funds of Commission
Annual reports
Staff of Commission
Investigative officers
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
2
PART III
DECLARATIONS
Declaration of financial affairs
Full disclosure
Trust property
Blind trusts
Examination of declarations
Publication of failure to file declaration or furnish information
Offences in respect of declarations
PART IV
REGISTRABLE AND PROHIBITED INTERESTS
Filing of statements of registrable interests
Register of Interests
Offences in respect of statements of registrable interests
Disqualification of member from holding public office
Prohibited interests
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
3
PART V
GIFTS
Reports on gifts
Offences in respect of gifts
PART VI
CONDUCT IN PUBLIC LIFE AND CONTRAVENTIONS OF ACT
Code of Conduct
Complaint to Commission regarding contravention of Act
Duty of persons exercising public functions to report contravention of Act
Oral complaints to be put into writing
Examination of complaints
Offences in respect of false complaints
PART VII
POWER TO REQUIRE FURTHER INFORMATION AND TO CONDUCTINQUIRIES
General powers of Commission to investigate or inquire
Conduct of inquiries
Commission’s powers to summon and examine witnesses
Duty of witnesses summoned
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
4
Witness expenses
Marshals to attend Commission
Inquiry reports etc.
Action by Director of Public Prosecutions
Offences in respect of requests for information and inquiries
Governor-General to appoint tribunal to perform functions
PART VIII
INVESTIGATIONS
Powers of Investigative OfficersPower of arrest
Disclosure orders
Search and seizure warrants
Obstruction of investigative officer
Complaints regarding Investigative OfficersComplaints concerning conduct of investigative officers
Appointment of complaints panel
Disposal of complaint without formal investigation
Formal investigation of complaint
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
5
Review of complaints by panel
PART IX
MISCELLANEOUS
Commissioner of Police to assist Commission etc.
Confidentiality of information
Conflicts of interest
Protection from suit
Oaths
Amendment of Second and Third Schedules
Regulations
Alteration of Constitution
Commencement
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
6
FIRST SCHEDULE
INTEGRITY COMMISSION
SECOND SCHEDULE
SPECIFIED PERSONS IN PUBLIC LIFE
THIRD SCHEDULE
FORMS FOR PARTS III, IV AND IV
FOURTH SCHEDULE
CODE OF CONDUCT FOR PERSONS IN PUBLIC LIFE
FIFTH SCHEDULE
FORM OF OATHS
7
BARBADOS
A Bill entitled
An Act to establish a regime, including an integrity commission, to promotethe integrity of persons in public life and strengthen measures for theprevention, detection, investigation and prosecution of acts of corruption, alterthe Constitution to the extent necessary for the purpose and provide for relatedmatters.
ENACTED by the Parliament of Barbados in accordance with section 49 ofthe Constitution as follows:
PART I
PRELIMINARY
Short title
This Act may be cited as the Integrity in Public Life Act, 2020.
Interpretation
In this Act,
“appointed day” means the day on which this Act comes into operation;
“assets” means all property, including any right or interest in property, held by aperson in Barbados or elsewhere;
“benefit” includes any property, service or advantage, whether direct or indirect;
“Chairman” means the chairman of the Commission appointed in accordancewith the First Schedule;
“child”, in relation to a person, means any child of the person and includes astepchild and an adopted child and, in respect of a man, includes a child
in respect of whom the man has been adjudged the father by a court ofcompetent jurisdiction; or
who the man has acknowledged to be his child;
“Code of Conduct” means the Code of Conduct for Persons in Public Life referredto insection 25;
“Commission” means the Integrity Commission established by section 3;
“declaration” means a declaration filed or required to be filed pursuant to section11 and includes any statement or other information filed or required to befiled with such a declaration;
1.
2.
(a)
(b)
10
“dependent child” means any child of a person, whether a minor or not, who isunmarried and is being maintained by the person;
“disclosure order” means an order made under section 42(1);
“document” includes
anything on which there is writing;
a map, plan, drawing or photograph; and
any information recorded or stored by means of any tape recorder,computer or other device, and any material subsequently derived fromthe information so recorded or stored;
“Head of Department” has the meaning assigned to it by section 2 of the PublicService Act, Cap. 29;
“income” includes
money or money’s worth derived from whatever source or acquired inBarbados or elsewhere, whether directly or indirectly; and
all receipts by way of salary, fees, wages, requisitions, profits, grants,emoluments, rents, interest, commissions, bonuses, pensions, annuitiesor benefits;
“investigative officer” means a person designated as such under section 10(1);
“liabilities” means all the obligations of a person to pay money or to providegoods or services in Barbados or elsewhere;
“Major Organised Crime, Anti-Corruption and Anti-Terrorism Agency” meansthe agency established by section 4 of the Major Organised Crime, Anti-Corruption and Anti-Terrorism Agency Act, 2020 (Act 2020- );
“member of the House of Assembly or the Senate”, as the case may be, shall beconstrued to include, in relation to any period between a dissolution ofParliament and the day on which the next election of members of the House
(a)
(b)
(c)
(a)
(b)
11
of Assembly is held, a person who was a member of the House of Assemblyor the Senate, as the case may be, before the dissolution of Parliament;
“Permanent Secretary” has the meaning assigned to it by section 2 of the PublicService Act, Cap. 29;
“persons exercising public functions” includes
all specified persons in public life;
public officers;
members, chief executive officers, managers, directors and employeesof state-owned enterprises; and
all other persons who hold a legislative, executive, administrative orjudicial office in the Government of Barbados, whether appointed orelected, permanent or temporary or paid or unpaid,
but does not include a judge of the Supreme Court;
“privileged material” means
communications between an attorney-at-law and his client, or anyperson representing his client, made in connection with the giving oflegal advice to the client;
communications between an attorney-at-law and his client, or anyperson representing his client, or between such an attorney-at-law orhis client, or any such representative, and any other person made inconnection with or in contemplation of legal proceedings and for thepurposes of such proceedings; and
material enclosed with or referred to in such communications and made
in connection with the giving of legal advice; or
in connection with or in contemplation of legal proceedings andfor the purposes of such proceedings,
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(i)
(ii)
12
when the communications or material are in the possession of a person whois entitled to such possession and are not held with the intention of furtheringa criminal purpose;
“prohibited interest” means an interest in a contract with the Government or astate-owned enterprise, the acquisition of which by a specified person inpublic life is prohibited by rules made under section 22;
“property” includes money and all other property whether real, personal or thingsin action;
“public officer” has the meaning assigned to it by section 2 of the Public ServiceAct, Cap. 29;
“Register of Interests” means the register established pursuant to section 19;
“senior officer” means an employee of the Commission who is at or above therank of Secretary to the Commission;
“specified person in public life” means a person who holds an office listed in PartI of the Second Schedule;
“spouse”, in relation to a specified person in public life, means a person
to whom the specified person in public life is married; or
with whom the specified person in public life is in a union other thanmarriage;
“statement of registrable interests” means a statement described in section 18(1);
“state-owned enterprise” means
a company within the meaning of section 2(1) of the Companies Act,Cap. 308; or
a statutory board,
listed in Part II of the Second Schedule;
“union other than marriage” has the meaning assigned to it by section 39 of theFamily Law Act, Cap. 214.
(a)
(b)
(a)
(b)
13
PART II
INTEGRITY COMMISSION
Establishment of Integrity Commission
There is established a body corporate to be known as the IntegrityCommission.
Section 21 of the Interpretation Act, Cap. 1 applies to the Commission.
The First Schedule has effect with respect to the constitution of theCommission and otherwise in relation thereto.
The members of the Commission are entitled to such remuneration andallowances as the Minister responsible for Finance determines.
Subject to this Act, the Commission may regulate its own procedure andmay make rules for the purpose.
Functions of Commission
The functions of the Commission are
to receive, keep on record, examine and inquire into all declarations,statements of registrable interests and reports of gifts filed under thisAct;
to request such information and conduct such investigations andinquiries as may be necessary to verify or determine the accuracy ofall such declarations, statements of registrable interests and reports ofgifts;
to investigate, on its own initiative or upon receipt of a complaint
any alleged contravention of this Act or the Code of Conduct;
any acquisition by any specified person in public life of aprohibited interest; and
3.(1)
(2)
(3)
(4)
(5)
4.(1)
(a)
(b)
(c)
(i)
(ii)
14
any alleged offence under this Act or any other enactment thatassigns responsibility for the investigation of offences to theCommission;
to examine the practices and procedures of public authorities todetermine whether such practices and procedures are likely to facilitatethe occurrence of acts of corruption and to recommend appropriatechanges in such practices and procedures, except where there is astatutory duty on any other person to perform such functions; and
to perform such other functions as may be required by this Act or anyother enactment.
In the discharge of its functions, the Commission shall not be subject tothe direction or control of any person or authority.
The Governor-General may in writing require the Commission to inquireinto or investigate any matter within the scope of its functions.
Consultation
The Commission may consult with any person in the discharge of itsfunctions, including in the conduct of an investigation or inquiry.
Agreements and exchange of information with law enforcementagencies
The Commission may enter into such written agreements,arrangements or memoranda of understanding with a law enforcement agency asthe Commission considers necessary or desirable for the discharge of itsfunctions.
The Commission shall be treated as a law enforcement agency for thepurpose of receiving disclosures of information which are relevant to its functionsfrom any law enforcement agency.
Subject to section 51, the Commission may disclose to a law enforcementagency any information disclosed to the Commission.
(iii)
(d)
(e)
(2)
(3)
5.
6.(1)
(2)
(3)
15
The Financial Intelligence Unit referred to in section 9(1) of the MoneyLaundering and Financing of Terrorism (Prevention and Control) Act, 2011(Act 2011-23) and foreign financial intelligence units, by whatever name called,shall be treated as law enforcement agencies for the purpose of this section,regardless of whether they operate as enforcement or administrative entities.
In this section “law enforcement agency” includes a foreign lawenforcement agency.
Funds of Commission
The Commission shall have such funds as may be voted by Parliament.
The Commission shall keep proper accounts of its receipts, payments,assets and liabilities and those accounts shall be audited annually by the Auditor-General.
Annual reports
The Commission shall, before the commencement of each financialyear, prepare and forward to the Prime Minister a report of its activities duringthe previous financial year, including a statement of its accounts audited inaccordance with section 7(2).
A copy of the report, together with the Auditor-General’s report, shall belaid in Parliament.
Staff of Commission
The Commission may employ such staff and retain the services ofsuch persons as it requires for the discharge of its functions, on such terms andconditions as it determines appropriate.
The Statutory Boards (Pensions) Act, Cap. 384 applies to employees of theCommission with such modifications and adaptations as may be necessary.
(4)
(5)
7.(1)
(2)
8.(1)
(2)
9.(1)
(2)
16
Investigative officers
The Commission may designate such staff as it determines appropriateas investigative officers and may issue to such officers an identification card,which shall be prima facie evidence of the designation of the officers.
An investigative officer may conduct an investigation into any matter,whether or not involving an alleged offence, in respect of which the Commissiondischarges functions under this Act or any other enactment.
Notwithstanding subsections (1) and (2), the Commission may, where itconsiders it appropriate to do so, require the Major Organised Crime, Anti-Corruption and Anti-Terrorism Agency to conduct an investigation on its behalf.
PART III
DECLARATIONS
Declaration of financial affairs
A person who
is a specified person in public life shall, within 90 days of the appointedday and on or before the biennial anniversary of the appointed day;
becomes a specified person in public life shall, within 90 days from thedate on which he becomes a specified person in public life;
ceases to be a specified person in public life shall, within 90 days fromthe date on which he ceases to be a specified person in public life,
file in accordance with subsection (3), a declaration containing the particulars setout in subsection (5).
Notwithstanding subsection (1)(a), a person who files a declaration undersubsection (1)(b) in a particular year is not required to file another declaration inthe same year.
10.(1)
(2)
(3)
11.(1)
(a)
(b)
(c)
(2)
17
A specified person in public life shall file his declaration with
the Commission, where he is not a member or senior officer of theCommission; and
the Governor-General, where he is a member or senior officer of theCommission.
The Commission may, in exceptional circumstances, grant to a specifiedperson in public life required to file a declaration with it, an extension of theperiod for filing the declaration of up to 6 months, beginning on the day that thedeclaration is required to be filed.
A declaration shall be in the Form 1 set out in the Third Schedule and shallgive full, true and complete particulars of
the income, assets and liabilities of the specified person in public life;and
the income, assets and liabilities of his spouse and dependent children.
A declaration may be accompanied, where a specified person in public lifeso desires, by a statement giving details of his income, assets and liabilities,certified by an accountant.
Where a specified person in public life dies, there is no obligation on thepersonal representative of his estate to file the declaration which the specifiedperson in public life would have been required to file, had he lived.
For the avoidance of doubt, this Part applies to a person who ceases to bea specified person in public life but is required to file a declaration pursuant tosubsection (1)(c) as it applies to any other specified person in public life.
The Governor-General has, in respect of a specified person in public lifewho is required to file a declaration with him and any declaration so filed, thesame functions that the Commission has in this Act in respect of a specifiedperson in public life who is required to file a declaration with it and anydeclaration so filed.
(3)
(a)
(b)
(4)
(5)
(a)
(b)
(6)
(7)
(8)
(9)
18
Full disclosure
A specified person in public life shall disclose in his declaration suchdetails in respect of his income, assets and liabilities and those of his spouse anddependent children as, by the exercise of reasonable care, should be known tohim including
any benefit accruing to his income and assets and those of his spouseand dependent children; and
any income, assets and liabilities acquired, held or incurred by anyother person as agent or on behalf of himself and his spouse anddependent children or any of them.
Trust property
Where a specified person in public life holds any money or otherproperty in trust for a person who is not his spouse or child or another specifiedperson in public life, he shall so state in his declaration but he shall not be requiredto disclose the terms of the trust.
Blind trusts
A specified person in public life may place all or part of his assets ina blind trust for the purpose of this Act and file a copy of the trust deed with
the Commission, where he is not a member or senior officer of theCommission; or
the Governor-General, where he is a member or senior officer of theCommission.
Where the Commission has reasonable grounds to believe that a specifiedperson in public life who is required to file a declaration with it is likely to
12.
(a)
(b)
13.
14.(1)
(a)
(b)
(2)
19
contravene or has contravened this Act, the Commission may direct the personto
place all or part of his assets in a blind trust on such terms and conditionsas the Commission considers appropriate; and
file a copy of the trust deed in accordance with subsection (1).
Where a specified person in public life places assets in a blind trust, heshall not be required to provide in his declaration more particulars of the assetsthan the amount and description of the assets and the date they were placed inthe trust.
Notwithstanding any other law relating to the duties of trustees, a qualifiedtrust company which manages the assets of a specified person in public life byway of a blind trust shall reply fully to any inquiries of the Commission relatingto the nature and management of the assets.
A blind trust is created where a specified person in public life enters intoan agreement with a qualified trust company whereby
all or any part of his assets or those of his spouse or his children areconveyed to the qualified trust company for the management,administration and control thereof, in its absolute discretion withoutrecourse or report to the person beneficially entitled to the assets;
income derived from the management of the assets is to be distributed,in accordance with the agreement, to him, his spouse or his childrenuntil he ceases to be a specified person in public life; and
after he ceases to be a specified person in public life, proper and fullaccounting is to be made to him, his spouse or his children as thecircumstances of the management of the trust require.
(a)
(b)
(3)
(4)
(5)
(a)
(b)
(c)
20
For the purpose of this section
a trust company is a qualified trust company where
it is incorporated in or outside Barbados and is carrying onbusiness in Barbados;
no more than 5 per cent of the stated capital in the trust companyor its affiliate is held or controlled by the specified person inpublic life who enters into an agreement referred to in subsection(5) with it, or by any other person associated with him; and
neither the specified person in public life nor his spouse nor anyof his children hold any directorship or office in the trust companyor its affiliate;
a company is an affiliate of another company where it holds more than5 per cent of the stated capital in that other company or where that othercompany holds more than 5 per cent of the stated capital in the firstmentioned company;
a person is associated with another where that other person is
the spouse or child of the person;
the partner of the person in a profession, trade or commercialundertaking; or
a corporation, and the first mentioned person or any personmentioned in subparagraph (i) controls the corporation, itsholding corporation or a corporation affiliated with either.
Examination of declarations
The Commission shall examine every declaration it receives in orderto determine whether the declaration is a complete and accurate statement of thefinancial affairs of the specified person in public life who filed it.
(6)
(a)
(i)
(ii)
(iii)
(b)
(c)
(i)
(ii)
(iii)
15.(1)
21
Where the Commission
is satisfied that the declaration
has been fully made and all questions satisfactorily answered; or
is incomplete but the specified person in public life cannotreasonably obtain the information required to complete it,
the Commission shall forward to the specified person in public life acertificate of compliance in the Form 2 set out in the Third Schedule and, atthe request of the person, publish a statement regarding its satisfaction withthe declaration in the Official Gazette and in a daily newspaper in generalcirculation in Barbados; or
is not satisfied with any aspect of the declaration, the Commission mayreport the matter to the appropriate Service Commission, board or otherauthority and to the Director of Public Prosecutions, setting out suchdetails as it considers appropriate.
Publication of failure to file declaration or furnish information
Where a person who is required to do so fails to file a declaration inaccordance with this Part or to furnish particulars or other information ordocuments in accordance with section 31, the Commission shall
publish that fact in the Official Gazette and in a daily newspaper ingeneral circulation in Barbados; and
report the matter to the appropriate Service Commission, board or otherauthority and to the Director of Public Prosecutions, setting out suchdetails as it considers appropriate.
Offences in respect of declarations
A person who
without reasonable cause, fails to file a declaration that he is requiredto file;
(2)
(a)
(i)
(ii)
(b)
16.
(a)
(b)
17.(1)
(a)
22
knowingly files a declaration that is incomplete or false in any materialparticular; or
without reasonable cause, fails to comply with a direction given undersection 14(2) within the time specified therefor, or knowingly givesany false or incomplete information in a trust deed filed under section14,
is guilty of an offence and is liable, on summary conviction, to a fine of $50 000or to imprisonment for one year or to both.
Where an offence referred to in subsection (1)(a) or (b) involves the non-disclosure, by a specified person in public life, of property, which should havebeen disclosed in a declaration, the magistrate shall order the specified person inpublic life to make full disclosure of the property within a specified period.
Where a specified person in public life fails to comply with an order madeunder subsection (2) within the specified period, the offence shall be deemed tobe a continuing offence and the specified person in public life shall be liable toa further fine of $3 000 for each day on which the offence continues.
PART IV
REGISTRABLE AND PROHIBITED INTERESTS
Filing of statements of registrable interests
Every member of the House of Assembly and of the Senate shall filewith the Commission, in addition to his declaration, a statement that contains thefollowing information in respect of the member, his spouse and his children:
particulars of any directorships held in any company or other bodycorporate;
particulars of any contract made with the Government or a state-ownedenterprise;
(b)
(c)
(2)
(3)
18.(1)
(a)
(b)
23
the name and description of any company, partnership or associationin which the person is an investor;
a concise description of any trust in respect of which the person is abeneficiary or trustee;
any beneficial interest held in land;
any fund to which the person contributes;
particulars of any political, trade or professional association to whichthe person belongs;
particulars of any sources of income; and
any other substantial interest, whether of a pecuniary nature or not,which the member considers may appear to raise a material conflictbetween his private interests and his public duty.
Every member of the House of Assembly and of the Senate shall file hisstatement of registrable interests in the Form 3 set out in the Third Schedule within90 days after
the day on which he becomes a member, in respect of his interests onthe day on which he becomes a member; and
the 31st day of December in each year during any part of which he is amember, in respect of his interests on the 31st day of December in thatyear.
Notwithstanding subsection (2)(b), a member who files a statement ofregistrable interests in the period of 6 months preceding the 31st day of Decemberin a particular year is not required to file another such statement for that sameyear.
Where a member dies, the personal representative of his estate is notrequired to file the statement of registrable interests which the member wouldhave been required to file, had he lived.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
(a)
(b)
(3)
(4)
24
Nothing in this section shall be taken to require disclosure of the actualamount or extent of any financial benefit, contribution or interest.
The Commission shall examine every statement of registrable interests itreceives in order to determine whether it is complete and accurate.
Register of Interests
The Commission shall keep a register, to be called the Register ofInterests, containing all information furnished by members of the House ofAssembly and of the Senate under this Part.
Every member of the House of Assembly and of the Senate shall notify theCommission of any change which occurs in his interests, or those of his spouseor children, within 6 weeks of the change.
The Commission shall make the Register of Interests available for publicinspection.
Offences in respect of statements of registrable interests
A member of the House of Assembly or the Senate who
without reasonable cause, fails to file a statement of registrable intereststhat he is required to file; or
knowingly files with the Commission a statement of registrableinterests that is incomplete or false in any material particular,
is guilty of an offence and is liable, on summary conviction, to a fine of $50 000or to imprisonment for one year or to both.
Where an offence referred to in subsection (1)(a) or (b) involves the non-disclosure, by a member of the House of Assembly or the Senate, of informationwhich should have been disclosed in a statement of registrable interests, themagistrate shall order the member to make full disclosure of the informationwithin a specified period.
(5)
(6)
19.(1)
(2)
(3)
20.(1)
(a)
(b)
(2)
25
Where a member of the House of Assembly or the Senate fails to complywith an order made pursuant to subsection (2) within the specified period, theoffence referred to in subsection (1) shall be deemed to be a continuing offenceand the member shall be liable to a further fine of $3 000 for each day on whichthe offence continues.
Disqualification of member from holding public office
A member of the House of Assembly or the Senate who is convictedof an offence under section 17 or 20 is liable, in addition to any other penaltyprescribed by law, to be disqualified from holding any public office for a periodof 5 years from the date of conviction for the offence.
Prohibited interests
The Commission shall make rules prescribing the circumstances inwhich the acquisition by a specified person in public life of an interest in a contractwith the Government or a state-owned enterprise is prohibited.
The Commission shall not issue a determination that a specified person inpublic life has acquired a prohibited interest where the person notifies theCommission of the interest and the Commission is of the opinion that the interest
is unlikely to affect the person’s obligations under the Code ofConduct; or
is likely to affect the person’s obligations under the Code of Conductbut that the person, his spouse or child, as the case may be, has divestedhimself of the interest or has placed it in a blind trust on such terms andconditions as the Commission considers appropriate.
(3)
21.
22.(1)
(2)
(a)
(b)
26
PART V
GIFTS
Reports on gifts
A specified person in public life, other than a member or senior officerof the Commission, who receives a gift worth more than $2 500, or whose spouseor child receives such a gift, shall make a report of that fact to the Commissionin the Form 4 set out in the Third Schedule and shall state in the report
the name and address of the donor;
the description and approximate value of the gift; and
whether, in the opinion of the recipient, the gift is a personal gift or anofficial gift.
A specified person in public life who is a member or senior officer of theCommission shall, in the circumstances referred to in subsection (1) make thereport referred to in that subsection to the Governor-General.
This section does not apply to a personal gift received by a specified personin public life from a relative or friend.
A specified person in public life who is unsure whether a gift received froma relative or friend is a personal gift or an official gift may apply to theCommission seeking an opinion as to the proper classification of the gift.
A specified person in public life shall make a report or an application undersubsection (1), (2) or (4) within 30 days of the receipt of the gift.
The Commission shall determine whether the gift is a personal gift or anofficial gift and such decision shall be final.
23.(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
(6)
27
Where the Commission finds that
a gift was given to a specified person in public life personally and
was trivial; or
was not trivial but was not intended to be a motive or reward fordoing or forbearing to do anything in the course of the dischargeof his official functions or for causing any other person to do orforbear from doing anything,
the Commission shall allow the specified person in public life to retain thegift; or
a gift was not of the kind described in paragraph (a), the Commissionshall in writing direct the specified person in public life to deliver thegift or its value to the Minister responsible for Finance within aspecified period not exceeding 30 days, and the specified person inpublic life shall comply with the direction within the time so specified.
Nothing in this Part shall be taken to alter any law, rule or decision whichprohibits a particular specified person in public life or class of specified personsin public life from receiving gifts in the course of discharging official functions.
The Governor-General has, in respect of a specified person in public lifewho is required to make a report to him under subsection (2) and any report somade, the same functions that the Commission has in this Act in respect of aspecified person in public life who is required to make a report to it undersubsection (1) and any report so made.
Offences in respect of gifts
A specified person in public life who
without reasonable excuse, fails to comply with section 23(1) or (2),as the case may be;
knowingly makes a report pursuant to section 23(1) or (2) that isincomplete or false in any material particular; or
(7)
(a)
(i)
(ii)
(b)
(8)
(9)
24.(1)
(a)
(b)
28
without reasonable excuse, fails to comply with a direction given undersection 23(7),
is guilty of an offence and is liable, on summary conviction, to a fine, which shallnot be more than three times the value of the gift involved in the commission ofthe offence, or to imprisonment for 6 months or to both.
No prosecution for an offence under subsection (1) shall be instituted after5 years from the date when the person alleged to have committed the offenceceased to be a specified person in public life.
PART VI
CONDUCT IN PUBLIC LIFE AND CONTRAVENTIONS OF ACT
Code of Conduct
Every person exercising public functions shall comply with the Codeof Conduct for Persons in Public Life set out in the Fourth Schedule.
The Commission shall, where it has reasonable grounds to suspect, or itreceives a complaint, that the Code of Conduct has been contravened, inquireinto or investigate the matter.
Where the Commission determines that a person has contravened the Codeof Conduct, it may include in its report any recommendations as to punishmentor disciplinary measures that it considers appropriate.
Subsection (1) does not derogate from the obligations of a public officerunder the Code of Conduct and Ethics established by section 11 of the PublicService Act, Cap. 29.
(c)
(2)
25.(1)
(2)
(3)
(4)
29
Complaint to Commission regarding contravention of Act
A person who has reasonable grounds to believe that anotherperson has contravened this Act may make a complaint to the Commission stating
the particulars of the contravention;
the nature of the evidence that he proposes to produce in support of thecomplaint; and
such other particulars as may be prescribed.
Duty of persons exercising public functions to report contravention ofAct
A person exercising public functions who knows or suspects thatanother person has been, is or is likely to be engaged in a contravention of thisAct shall report his knowledge or suspicion to the Commission.
A person exercising public functions who, without reasonable excuse, failsto report his knowledge or suspicion as required by subsection (1) is guilty of anoffence and is liable, on conviction on indictment, to a fine of $50 000 or toimprisonment for one year or to both.
Oral complaints to be put into writing
The Commission shall ensure that any oral complaint it receives is putinto writing by one of its employees.
Examination of complaints
The Commission may, upon examination of a complaint
reject the complaint where it considers that the complaint is frivolousor does not relate to a matter the Commission is empowered to address;or
conduct an inquiry into the complaint.
26.
(a)
(b)
(c)
27.(1)
(2)
28.
29.
(a)
(b)
30
Offences in respect of false complaints
A person who knowingly makes a false allegation or maliciouslyprovides false information related to a contravention of this Act is guilty of anoffence and is liable
on conviction on indictment to a fine of $100 000 or to imprisonmentfor two years or to both;
on summary conviction to a fine of $50 000 or to imprisonment for oneyear or to both.
PART VII
POWER TO REQUIRE FURTHER INFORMATION AND TO CONDUCTINQUIRIES
General powers of Commission to investigate or inquire
The Commission may, where it considers it necessary in order todetermine whether
a declaration is a complete and accurate statement of the financialaffairs of the specified person in public life who filed it;
a statement of registrable interests is complete and accurate;
a specified person in public life has acquired a prohibited interest;
a gift given to a specified person in public life is a personal gift or anofficial gift;
a person exercising public functions has contravened the Code ofConduct; or
a person has otherwise contravened this Act,
take any action specified in subsection (2).
30.
(a)
(b)
31.(1)
(a)
(b)
(c)
(d)
(e)
(f)
31
For the purposes of subsection (1)(a) to (f), the Commission may
make such independent inquiries as it considers appropriate;
in writing request any specified person in public life or other personexercising public functions involved to furnish such further particularsor other information or documents as it considers appropriate; or
conduct an inquiry and require the person involved to attend before itto answer any questions and to be heard on any matter relating to thesubject of the inquiry.
A person who receives a request pursuant to subsection (1)(b) shall complywith the request within the time the Commission specifies.
Conduct of inquiries
The Commission shall conduct inquiries in private.
A person whose conduct is the subject of an inquiry or who is in any wayimplicated or concerned in a matter under inquiry
is entitled to be represented at the inquiry by an attorney-at-law or suchother person as he chooses, and any other person who desires to be sorepresented may, by leave of the Commission, be represented in thatmanner; and
may require the Commission to summon witnesses in relation to theinquiry,
and the Commission shall not take an adverse decision against such a personwithout giving the person an opportunity to be heard.
An inquiry shall not be commenced after 5 years from the date on whicha person ceases to be a specified person in public life or other person exercisingpublic functions, as the case may be.
(2)
(a)
(b)
(c)
(3)
32.(1)
(2)
(a)
(b)
(3)
32
Commission’s powers to summon and examine witnesses
The Commission shall, in respect of an inquiry, have the powers of ajudge of the Supreme Court to summon witnesses and to call for the productionof documents.
A summons to attend an inquiry to give evidence or to produce documents
shall be
in such form as the Commission may determine;
issued under the hand of the Chairman or another member of theCommission; and
served on a person by handing it to, or leaving it with, theperson, or in such other manner as the Commission may direct toensure that it is brought to the attention of the person; and
may be served by a person authorised by the Commission for thepurpose.
The Commission may
require that any facts, matters or things relating to the subject of aninquiry be verified or otherwise ascertained by the oral examination ofwitnesses; and
cause any witnesses and parties concerned to be examined on oath.
The Chairman or the Secretary of the Commission may administer an oathfor the purpose of subsection (3).
The Commission may, if it thinks fit, receive oral or written evidence, butit is not bound by the rules of evidence in the Evidence Act, Cap. 121, and it maytake into account opinion evidence and such facts as it considers relevant andmaterial.
33.(1)
(2)
(a)
(i)
(ii)
(iii)
(b)
(3)
(a)
(b)
(4)
(5)
33
Duty of witnesses summoned
A person summoned to attend to give evidence or to producedocuments at any sitting of the Commission is bound to obey the summons servedupon him as fully in all respects as witnesses are bound to obey subpoenas issuedfrom the Supreme Court.
A person who
without sufficient cause, refuses or omits to attend at the time and placementioned in the summons served on him;
attends but leaves the Commission without the permission of theCommission;
without sufficient cause, refuses to answer or to answer fully andsatisfactorily to the best of his knowledge and belief, all questions putto him by or with the concurrence of the Commission;
without sufficient cause, refuses or omits to produce any document inhis possession or under his control and mentioned or referred to in thesummons served on him; or
at any sitting of the Commission, wilfully insults a member of theCommission or the Secretary of the Commission,
is guilty of an offence and is liable, on summary conviction, to a fine of $10 000or to imprisonment for 6 months or to both.
A person who gives evidence before the Commission shall
notwithstanding subsection (2), not be compellable to incriminatehimself; and
in respect of any evidence given by him before the Commission, beentitled to all privileges to which a witness giving evidence before theSupreme Court is entitled in respect of evidence given by the witnessbefore the court.
34.(1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(a)
(b)
34
Witness expenses
A person summoned to attend to give evidence or to producedocuments at any sitting of the Commission shall, where the Commission allowshim expenses
be entitled to the same expenses as if he had been summoned to attendthe Supreme Court on a criminal trial;
be paid
at such time and in such manner as the Minister responsible forFinance may direct; and
as far as possible, by the same procedure as that for the paymentof witnesses before the Supreme Court.
The Commission may disallow the whole or any part of the expenses of aperson referred to in subsection (1) in any case where the Commission thinks fit.
Marshals to attend Commission
The Chief Marshal may, where so required by the Commission, assignmarshals to
attend proceedings of the Commission to preserve order;
perform such other duties as usually pertain to their office when inattendance upon the Supreme Court;
serve summonses on witnesses; and
perform such other duties as the Commission may direct.
Inquiry reports etc.
The Commission shall prepare a written report of its findings anddeterminations in respect of each inquiry it conducts and send a copy of the report,
35.(1)
(a)
(b)
(i)
(ii)
(2)
36.
(a)
(b)
(c)
(d)
37.(1)
35
together with copies of any complaint and material documents submitted duringthe inquiry
to the person whose conduct was the subject of the inquiry; and
where that person is,
a public officer, to the Head of the Public Service, the appropriateservice Commission and the Governor-General;
a member of the House of Assembly or the Senate, to theGovernor-General and the Speaker of the House of Assembly orthe President of the Senate, as the case may be;
the Head of the Public Service, to the Governor-General; and
concerned with any state-owned enterprise, to the state-ownedenterprise and the Minister with responsibility for the enterprise;and
to the Director of Public Prosecutions, where the Commissionconsiders that an offence may have been committed.
Where a person is exonerated following an inquiry into an allegedcontravention of this Act, the Commission shall
in writing inform the person who made the complaint and the personalleged to have contravened this Act of the finding of the inquiry; and
at the request of the person whose conduct was the subject of thecomplaint, publish the finding of the inquiry in the Official Gazette andin a daily newspaper in general circulation in Barbados.
Action by Director of Public Prosecutions
The Director of Public Prosecutions shall, as soon as practicable afterreceiving any complaint, report and other documents pursuant to this Act, in any
(a)
(b)
(i)
(ii)
(iii)
(iv)
(c)
(2)
(a)
(b)
38.(1)
36
case in which he considers that a person ought to be prosecuted for an offence,institute and undertake criminal proceedings against the person and inform
the Commission of any action taken following the receipt of theinformation;
the appropriate Service Commission, where the complaint relates to apublic officer; and
the appropriate board or other authority with which the person allegedto have contravened this Act is employed or in respect of which he isa member.
Where criminal proceedings are commenced against a person exercisingpublic functions, no disciplinary procedures shall be instituted pending thedetermination of the criminal proceedings.
The Director of Public Prosecutions may authorise any person having anofficial duty under this Act to furnish information to any officer of the court ormember of the Police Force or any other person the Director of PublicProsecutions specifies.
Offences in respect of requests for information and inquiries
A person exercising public functions who
without reasonable cause, fails to comply with a request made undersection 31(2)(b) within the time specified therefor or knowingly givesany false or incomplete information pursuant to such a request;
without reasonable cause, fails to attend an inquiry when summonedto do so; or
knowingly gives false or incomplete information at such an inquiry,
is guilty of an offence and is liable, on summary conviction, to a fine of $50 000or to imprisonment for one year or to both.
(a)
(b)
(c)
(2)
(3)
39.
(a)
(b)
(c)
37
Governor-General to appoint tribunal to perform functions
The Governor-General shall, after consultation with the PrimeMinister and the Leader of the Opposition, appoint a person who has held theoffice of judge in a superior court of record in any part of the Commonwealth asa tribunal to discharge the functions of the Governor-General under this Act onhis behalf.
Without prejudice to the generality of sections 11(9) and 23(9), sections11(4), 14(2) and (4), 15, 16, 22(2), 23(4) to (7), 25(2) and (3), 26, 28, 29 and 31 to38 apply to the Governor-General and a specified person in public life requiredto file a declaration with or make a report to him under section 11(3)(b) or 23(2),with such modifications and adaptations as may be necessary, as those sectionsapply to the Commission and other specified persons in public life, and theGovernor-General has the same functions as the Commission in those sections.
PART VIII
INVESTIGATIONS
Powers of Investigative Officers
Power of arrest
An investigative officer has, in carrying out his functions, the powersof a constable to arrest any person whom he reasonably suspects has committedan offence punishable by imprisonment under this Act or any other enactmentthat assigns responsibility for investigations to the Commission.
An investigative officer shall, after making an arrest, deliver the personarrested to the custody of a member of the Police Force who shall immediatelybring the person before a magistrate.
40.(1)
(2)
41.(1)
(2)
38
Disclosure orders
Where on an application made by an investigative officer, a judge inChambers is satisfied that each of the requirements set out in subsection (3) isfulfilled, the judge may make an order authorising the officer to give to any personthe officer considers has relevant information, notice in writing requiring theperson, with respect to any matter relevant to the investigation for the purposesof which the order is sought, to
answer any question, either at a time specified in the notice or at once,at a place so specified;
provide any information specified in the notice, by a time and in amanner so specified;
produce any document, or any documents of a description, specifiedin the notice, either at or by a time so specified or at once, and in amanner so specified.
An application for a disclosure order shall be made without notice and shallstate that a person specified in the application is subject to an investigation underthis Act or any other enactment that assigns responsibility for investigations tothe Commission.
The requirements referred to in subsection (1) are that there are reasonablegrounds for
suspecting that the person specified in the application has committedan offence under this Act or any other enactment that assignsresponsibility for the investigation of offences to the Commission; and
believing that
information which may be provided in compliance with the orderis likely to be of substantial value, whether or not by itself, to theinvestigation for the purposes of which the order is sought; and
42.(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
(i)
39
it is in the public interest for the information to be provided, havingregard to the benefit likely to accrue to the investigation if theinformation is obtained.
A person is not bound to comply with a requirement imposed by a noticegiven under a disclosure order unless evidence of authority to give the notice isproduced to him.
A person who
without reasonable excuse, fails to comply with a requirement imposedon him under a disclosure order; or
in purported compliance with a requirement imposed on him under adisclosure order
makes a statement which he knows to be false or misleading in amaterial particular; or
recklessly makes a statement which is false or misleading in amaterial particular,
is guilty of an offence.
An offence under subsection (5) is punishable upon summary convictionby
a fine of $10,000 or imprisonment for 2 years, or both, where theoffender is an individual;
a fine of $50,000, where the offender is a body corporate.
Subject to subsection (8), a statement made by a person in response to arequirement imposed by a disclosure order may not be used in evidence againstthe person in criminal proceedings.
Subsection (7) does not apply in the case of
proceedings for contempt of court;
a prosecution for an offence under subsection (6);
(ii)
(4)
(5)
(a)
(b)
(i)
(ii)
(6)
(a)
(b)
(7)
(8)
(a)
(b)
40
a prosecution for an offence under the Perjury Act, Cap. 142; or
a prosecution for another offence where, in giving evidence, the personmakes a statement inconsistent with the statement mentioned insubsection (7).
A statement may not be used by virtue of subsection (8)(d) against a personunless
evidence relating to it is adduced; or
a question relating to it is asked,
by or on behalf of the person in the proceedings arising out of the prosecution.
A disclosure order has effect notwithstanding any obligation as toconfidentiality or any other restriction upon the disclosure of informationimposed by any enactment, rule of law or otherwise.
For the purposes of subsection (1), “relevant information” is information,whether or not contained in a document, which the investigative officer considersto be relevant to the investigation.
Sections 145 and 148 of the Proceeds and Instrumentalities of Crime Act,2019 (Act 2019-17) apply in respect of a disclosure order made under this sectionas those sections apply to a disclosure order made under that Act and for thepurpose of this Act, any reference in section 145 of that Act to a police officershall be construed to include an investigative officer.
Search and seizure warrants
Where on an application made by an investigative officer, a judge inChambers is satisfied of the circumstances set out in subsection (3), the judgemay issue a warrant authorising the officer to
enter and search the premises specified in the application for thewarrant; and
(c)
(d)
(9)
(a)
(b)
(10)
(11)
(12)
43.(1)
(a)
41
seize and retain any material found on the premises which is likely tobe of substantial value, whether or not by itself, to the investigation forthe purposes of which the application is made.
An application for a search and seizure warrant shall
specify the person subject to investigation;
state that the warrant is sought for the purposes of the investigation;
specify the premises in respect of which the warrant is sought; and
specify the material in respect of which the warrant is sought or, wherethe material cannot be identified at the time of the application, statethat there are reasonable grounds for believing that there is material onthe premises that
relates to the person specified in the application or the questionwhether that person has committed an offence under this Act orany other enactment that assigns responsibility for theinvestigation of offences to the Commission; and
is likely to be of substantial value, whether or not by itself, to theinvestigation for the purposes of which the warrant is sought.
The circumstances referred to in subsection (1) are that
a disclosure order in relation to material has not been complied withand there are reasonable grounds for believing that the material is onthe premises specified in the application for the warrant; or
there are reasonable grounds for suspecting that the person specifiedin the application for the warrant has committed an offence under thisAct or any other enactment that assigns responsibility for investigationsto the Commission and
the conditions specified in subsection (4) are fulfilled; or
the conditions specified in subsection (5) are fulfilled.
(b)
(2)
(a)
(b)
(c)
(d)
(i)
(ii)
(3)
(a)
(b)
(i)
(ii)
42
The conditions referred to in subsection (3)(b)(i) are that
there are reasonable grounds for believing that
any material on the premises specified in the application for thewarrant is likely to be of substantial value, whether or not by itself,to the investigation for the purposes of which the warrant is sought;and
it is in the public interest for the material to be obtained, havingregard to the benefit likely to accrue to the investigation if thematerial is obtained; and
it would not be appropriate to make a disclosure order because
it is not practicable to communicate with any person againstwhom the disclosure order could be made;
it is not practicable to communicate with any person who wouldbe required to comply with an order to grant entry to the premises;or
the investigation might be seriously prejudiced unless aninvestigative officer is able to secure immediate access to thematerial.
The conditions referred to in subsection (3)(b)(ii) are that
there are reasonable grounds for believing where the material cannotbe identified at the time of the application, that there is material on thepremises specified in the application for the warrant that
relates to the person specified in the application or the questionwhether he has committed an offence under this Act or any otherenactment that assigns responsibility for investigations to theCommission; and
is likely to be of substantial value, whether or not by itself, to theinvestigation for the purposes of which the warrant is sought; and
(4)
(a)
(i)
(ii)
(b)
(i)
(ii)
(iii)
(5)
(a)
(i)
(ii)
43
there are reasonable grounds for believing that it is in the public interestfor the material to be obtained, having regard to the benefit likely toaccrue to the investigation if the material is obtained; and
one of the following applies:
it is not practicable to communicate with any person againstwhom a disclosure order could be made;
entry to the premises will not be granted unless a warrant isproduced; or
the investigation might be seriously prejudiced unless aninvestigative officer arriving at the premises is able to secureimmediate entry to them.
A search and seizure warrant does not confer the right to seize privilegedmaterial.
Obstruction of investigative officer
A person who resists or obstructs an investigative officer in theexecution of his duty is guilty of an offence and is liable, on summary conviction,to a fine of $10 000 or to imprisonment for 6 months or to both.
Complaints regarding Investigative Officers
Complaints concerning conduct of investigative officers
A person may address a complaint in writing to the Commission inrespect of the conduct of an investigative officer in the discharge of the officer’sfunctions where the person
has been personally affected by the conduct;
has witnessed the conduct;
has a substantial and direct interest in the complaint; or
(b)
(c)
(i)
(ii)
(iii)
(6)
44.
45.(1)
(a)
(b)
(c)
44
has been authorised by a person referred to in paragraph (a), (b) or(c) to make a complaint in that person’s name.
The Commission shall refer a complaint made under subsection (1) to apanel appointed under section 46.
Appointment of complaints panel
The Governor-General may appoint an ad hoc panel consisting of
a judge or magistrate or a retired judge or magistrate, who shall be thechairman;
the Commissioner of Police, who shall hold office ex officio; and
a person, other than a member or former member of the Police Force,to represent the public,
to hear and adjudicate a complaint made under section 45.
Disposal of complaint without formal investigation
A panel appointed under section 46 may direct that no investigationof a complaint be carried out where in its opinion
the complaint is trivial, frivolous, vexatious or made in bad faith; or
having regard to all the circumstances, an investigation or furtherinvestigation is not necessary or reasonably practicable.
Where no direction is given under subsection (1), the panel and theCommission shall
consider whether the complaint can be disposed of informally; and
with the consent of the complainant and the investigative officer whoseconduct is the subject matter of the complaint, attempt to dispose ofthe complaint informally before a formal investigation is undertaken.
(d)
(2)
46.
(a)
(b)
(c)
47.(1)
(a)
(b)
(2)
(a)
(b)
45
Where a complaint is disposed of informally, the panel shall prepare andsend the following documents to the complainant, the investigative officer andthe Commission:
an overview of the facts that gave rise to the complaint;
the name of the person who conducted the informal disposition;
a statement of the manner in which the complaint was disposed of; and
evidence of agreement to the disposition of the complaint by thecomplainant and the investigative officer.
Formal investigation of complaint
Where a complaint is not disposed of informally, the Commissionshall investigate the matter and send a complaint resolution report to the panel,the complainant and the investigative officer whose conduct is the subject matterof the complaint.
The complaint resolution report shall contain
a summary of the complaint;
the results of the investigation;
a summary of any action that has been or will be taken with respect toresolution of the complaint; and
a statement that the complainant may refer the complaint to the panelfor review within 28 days of the receipt of the complaint resolutionreport where he is not satisfied with the disposition of the complaintby the Commission.
A complainant who is not satisfied with a direction given under section47(1) or with the disposition of his complaint by the Commission undersubsection (1), may refer the complaint to the panel in writing within 28 daysafter the date on which he receives notice of the direction or the complaintresolution report, and the panel shall review every complaint so referred.
(3)
(a)
(b)
(c)
(d)
48.(1)
(2)
(a)
(b)
(c)
(d)
(3)
46
Review of complaints by panel
Where, after reviewing a complaint, the panel
is satisfied with the disposition of the complaint by the Commission,the panel shall send to
the Commission, a complaint review report to that effect settingout such findings and recommendations with respect to thecomplaint as the panel sees fit; and
the complainant and the investigative officer whose conduct is thesubject matter of the complaint, a report of the conclusion of thereview together with any finding or recommendation referred toin subparagraph (i); or
is not satisfied with the disposition of the complaint by the Commissionor considers that further inquiry is warranted, the panel may take anyor all of the following measures:
send a report to the Commission indicating the reasons for itsdissatisfaction;
request the Commission to conduct a further investigation intothe complaint;
make such inquiries as it deems necessary in the circumstances;
investigate the complaint further;
institute a hearing to inquire into the complaint.
The panel shall, on completion of any further investigation, inquiry orhearing that it orders under subsection (1)(b) send to
the Commission, a complaint review report setting out
such findings with respect to the complaint as the panel sees fit;and
49.(1)
(a)
(i)
(ii)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(2)
(a)
(i)
47
such recommendations, including any disciplinary measures to betaken with regard to the investigative officer, as the panel sees fit;and
the complainant and the investigative officer, a report of the conclusionof the review, together with any finding or recommendation referredto in paragraph (a).
The Commission shall give effect to any recommendations in a complaintreview report sent to it.
PART IX
MISCELLANEOUS
Commissioner of Police to assist Commission etc.
The Commissioner of Police shall provide to the Commission suchassistance as it requests in connection with the discharge of its functions.
Confidentiality of information
Any information received by any member or employee of theCommission, in the discharge of the functions of such person under this Act,including information contained in any document received by that person byvirtue of this Act, shall not be divulged by any such member or employee, exceptwhere the information is required to be produced for the purpose of complyingwith any other enactment or an order of any court or for the purpose of prosecutionfor an offence.
A person who contravenes subsection (1) is guilty of an offence and isliable, on conviction on indictment, to a fine of $100 000 or to imprisonment for2 years.
Any person who receives any information or anything contained in anydocument described in subsection (1), knowing or having reasonable ground to
(ii)
(b)
(3)
50.
51.(1)
(2)
(3)
48
believe at the time when he receives it, that it is communicated to him incontravention of this section, unless he proves that the communication to him ofthe information or anything contained in such document was contrary to hisdesire, is guilty of an offence and is liable, on conviction on indictment, to a fineof $100 000 or to imprisonment for 2 years.
Every member of the Commission and every person performing anyfunction in the service or as an employee of the Commission shall treat all records,and information relating to declarations, as secret and confidential and shall notdisclose or communicate the text of any record, information or declaration to anyunauthorised person or allow any unauthorised person to have access to anyrecords, information or declarations.
A person who contravenes subsection (4) is guilty of an offence and isliable, on conviction on indictment, to a fine of $100 000 or to imprisonment for2 years or to both.
This section applies to a person appointed as a tribunal by the Governor-General under section 40, as it applies to a member of the Commission.
Conflicts of interest
Where a member of the Commission is interested in a matter beforethe Commission or in a person who is a party to proceedings before theCommission, the member so interested shall disclose the nature of his interest tothe Commission and shall not participate in its sittings in relation to the matteror person.
Where a person appointed as a tribunal by the Governor-General isinterested in a matter before the tribunal or in a person who is a party toproceedings before the tribunal, the person so interested shall disclose the natureof his interest to the Governor-General and shall not participate in its sittings inrelation to the matter or person.
Where, in the opinion of the Governor-General or of the Commission, amember of the Commission is interested in a matter before the Commission orin a person who is party to proceedings before the Commission, the Governor-
(4)
(5)
(6)
52.(1)
(2)
(3)
49
General or the Commission, as the case may be, shall direct the member not toparticipate in the sittings of the Commission in relation to the matter or person.
Protection from suit
No member or employee of the Commission shall be liable to anyaction or suit for any matter or thing done by him in good faith as a member oremployee of the Commission or in the exercise of his functions or the course ofhis employment, as the case may be.
Oaths
Every member of the Commission and every person appointed as atribunal by the Governor-General under this Act shall, before assuming thefunctions of his office, take before the Governor-General the applicable oath ofoffice and oath of secrecy in the forms set out in Parts I and III, respectively, ofthe Fifth Schedule.
Every person performing functions in the service of or as an employee ofthe Commission shall, before assuming the functions of his office, take beforethe Chairman, or in his absence, another member of the Commission, theapplicable oath of office and oath of secrecy set out in the forms in Part II of theFifth Schedule.
Amendment of Second and Third Schedules
The Minister may by order
amend Part II of the Second Schedule;
after consultation with the Commission, amend the Third Schedule.
Regulations
The Minister may make Regulations generally for giving effect to thisAct and, in particular, for any matter
required to be prescribed by this Act; and
53.
54.(1)
(2)
55.
(a)
(b)
56.
(a)
50
related to any report, investigation or inquiry under this Act.
Alteration of Constitution
Section 112 of the Constitution is amended to the extent necessary togive effect to this Act.
Commencement
This Act shall come into operation on a day to be fixed byProclamation.
(b)
57.
58.
51
FIRST SCHEDULE
(Sections 2 and 3)
INTEGRITY COMMISSION
Members of Commission
The Commission shall consist of
a person who has held the office of judge in a superior court of recordin any part of the Commonwealth, appointed by the Governor-General,after consultation with the Prime Minister and the Leader of theOpposition;
an attorney-at-law with at least 10 years’ standing whose name appearson the Roll of Attorneys-at-law pursuant to the Legal Profession Act,Cap. 370A, appointed by the Governor-General, after consultation withthe Council of the Barbados Bar Association;
a chartered or certified accountant of at least 7 years’ standingappointed by the Governor-General after consultation with any bodywhich in his opinion represents chartered or certified accountants inBarbados;
a member of the clergy, appointed by the Governor-General, afterconsultation with the Prime Minister and the Leader of the Opposition;
a person appointed by the Governor-General on the advice of the PrimeMinister; and
a person appointed by the Governor-General on the advice of theLeader of the Opposition.
Disqualification from membership
A person who
is a member of the House of Assembly or the Senate;
1.
(a)
(b)
(c)
(d)
(e)
(f)
2.
(a)
52
would be disqualified in accordance with section 38 or 44 of theConstitution, as the case may be, from being a member of the Houseof Assembly or the Senate;
has, at any time during the period of 5 years preceding the proposeddate of his appointment, held office in a political party; or
has, at any time during the period of 3 years preceding the proposeddate of his appointment, been a public officer,
is not qualified to be appointed as a member of the Commission.
Tenure of office
A member of the Commission shall
be appointed by instrument in writing;
subject to paragraphs 2, 5 and 6, hold office for a period of 3 years; and
be eligible for re-appointment.
Appointment of Chairman
The Governor-General shall, acting in his discretion, appoint amember of the Commission to be the Chairman.
The Chairman shall preside at all meetings of the Commission at which heis present.
Where the Chairman is absent from any meeting, the members present andforming a quorum shall elect one among them to preside at the meeting.
Vacancy in membership of Commission
The office of a member of the Commission shall become vacant
at the expiration of the term specified in the member’s instrument ofappointment;
(b)
(c)
(d)
3.
(a)
(b)
(c)
4.(1)
(2)
(3)
5.(1)
(a)
53
where he notifies the Governor-General in writing of his intention toresign his office, and the resignation shall take effect when the letterof resignation is received by the Governor-General;
on the death, retirement or removal of a member; or
on the absence of a member from 3 consecutive meetings of theCommission, unless such absence is approved by the Governor-General.
Where any vacancy occurs in the membership of the Commission, thevacancy shall be filled by the appointment of another person from the categoriesof persons in paragraph 1.
Removal of member
A member of the Commission may be removed from office by theGovernor-General for inability to discharge the functions of his office, whetherarising from infirmity of mind or body or any other cause, or for misbehaviour,and shall not be removed except in accordance with this paragraph.
A member shall be removed from office by the Governor-General wherethe question of his removal is referred to a tribunal appointed under sub-paragraph(3) and the tribunal recommends to the Governor-General that the member shouldbe removed for inability to discharge the functions of his office or formisbehaviour.
Where the Governor-General, after consultation with the Prime Ministerand the Leader of the Opposition, considers that the question of removing amember ought to be investigated, the Governor-General shall appoint a tribunalto inquire into the matter, report on the facts thereof to him and recommend tohim whether the member should be removed.
The tribunal referred to in subparagraph (3) shall consist of
a judge of the Supreme Court;
(b)
(c)
(d)
(2)
6.(1)
(2)
(3)
(4)
(a)
54
an attorney-at-law with at least 10 years’ standing whose name appearson the Roll of Attorneys-at-law pursuant to the Legal Profession Act,Cap. 370A; and
one other person of high integrity and appropriate qualifications.
The tribunal shall give the member an opportunity to be heard as to whyhe should not be removed.
Where the question of removing a member is referred to a tribunal, theGovernor-General, after consultation with the Prime Minister and the Leader ofthe Opposition, may suspend the member from the exercise of the functions ofhis office.
A suspension may at any time be revoked by the Governor-General andshall in any case cease to have effect where the tribunal recommends to theGovernor-General that the member should not be removed.
Proceedings and meetings
Subject to subparagraph (4), the Commission shall meet at such timesas it considers necessary or desirable for the discharge of its functions.
A quorum of the Commission shall be four.
The proceedings of the Commission shall not be affected by a vacancyamong its members or a defect in the appointment of a member.
The Governor-General may in writing request the Commission to meet atsuch times as he thinks fit.
Secretary to the Commission
There shall be a Secretary to the Commission.
The Secretary shall
attend the meetings of the Commission;.
(b)
(c)
(5)
(6)
(7)
7.(1)
(2)
(3)
(4)
8.(1)
(2)
(a)
55
record the proceedings of the Commission and keep the minutes ofeach meeting in proper form; and
generally perform such duties connected with the work of theCommission as the Commission may require.
Publication in the Official Gazette
The appointment, resignation and revocation of appointment or deathof a member of the Commission shall be published in the Official Gazette.
(b)
(c)
9.
56
SECOND SCHEDULE
(Sections 2 and 55)
SPECIFIED PERSONS IN PUBLIC LIFE
PART I
Members of the House of Assembly and the Senate
Members of the Cabinet
Permanent Secretaries
Heads of Departments within the Public Service and holders of publicoffices in the same grade as that of such Heads of Department
Chairpersons of the state-owned enterprises listed in Part II
Chief Executive Officers, General Managers and other executiveheads of the state-owned enterprises listed in Part II
Magistrates
Director of Public Prosecutions
Auditor-General
Members and senior officers of the Commission
PART II
Air Transport Licensing Authority
Barbados Accreditation Council
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
1.
2.
57
Barbados Agency for Micro-Enterprise Development Ltd.
Barbados Agricultural Credit Trust Ltd.
Barbados Agricultural Development and Marketing Corporation
Barbados Agricultural Management Co. Ltd.
Barbados Conference Services Ltd.
Barbados Community College
Barbados Defence Force
Barbados International Business Promotion Corporation
Barbados Investment and Development Corporation
Barbados National Oil Co. Ltd.
Barbados National Standards Institute
Barbados National Terminal Ltd.
Barbados Port Inc.
Barbados Revenue Authority
Barbados Tourism Investment Inc.
Barbados Tourism Marketing Inc.
Barbados Vocational Training Board
Barbados Water Authority
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
58
Caribbean Aircraft Handling Co. Ltd.
Caribbean Airways International Ltd.
Caribbean Broadcasting Corporation
Caves of Barbados Ltd.
Child Care Board
Community Legal Services Commission
Cultural Industries Authority
Enterprise Growth Fund Ltd.
Fair Trading Commission
Financial Services Commission
Grantley Adams International Airport Inc.
Hotels and Resorts Ltd.- Gems of Barbados
Kensington Oval Management Inc.
National Assistance Board
National Conservation Commission
National Council on Substance Abuse
National Cultural Foundation
National Housing Corporation
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
59
National Insurance Board
National Petroleum Corporation
National Sports Council
Needham Point Development Inc.
Needham Point Holdings Ltd.
New Life Investment Company Inc.
Queen Elizabeth Hospital
Resolution Life Assurance Company Ltd.
Rural Development Commission
Sanitation Service Authority
Southern Meats Inc.
Student Revolving Loan Fund
Technical and Vocational Education and Training Council
Transport Authority
Transport Board
Urban Development Commission
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
60
CO
NFI
DE
NT
IAL
Form
1
Inte
grity
in P
ublic
Life
Act
, 202
0(A
ct 2
020-
)
DE
CL
AR
ATIO
N O
F IN
CO
ME
, ASS
ET
S A
ND
LIA
BIL
ITIE
S
FOR
TH
E Y
EA
R E
ND
ED
31ST
DE
CE
MB
ER
, 20…
(Pur
suan
t to
sect
ion
11 o
f the
Inte
grity
in P
ublic
Life
Act
, 202
0)
(If t
here
is in
suffi
cien
t spa
ce fo
r the
item
s fal
ling
unde
r any
PAR
T of
this
For
m, a
dditi
onal
in
form
atio
n m
ay b
e pr
ovid
ed o
n se
para
te sh
eets
.)
WA
RN
ING
: Und
er s
ectio
n 17
of t
he In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
it is
an
offe
nce
puni
shab
le b
y a fi n
e of
$25
000
or
impr
ison
men
t for
18
mon
ths
or b
oth
to k
now
ingl
y fi l
e a
decl
arat
ion
that
is in
com
plet
e or
fals
e in
any
mat
eria
l pa
rticu
lar.
THIRD SCHEDULE
(Sections 11,15, 18, 23 and 55)
FORMS FOR PARTS III, IV AND V
61
PAR
T I
IDE
NT
IFIC
ATIO
N S
EC
TIO
N
Third Schedule - (Cont’d)
NA
ME
OF
DEC
LAR
AN
T (S
urna
me,
Oth
er N
ames
)
DAT
E O
F B
IRTH
OF
DEC
LAR
AN
T (y
yyy/
mm
/dd)
POSI
TIO
N H
ELD
HO
ME
AD
DR
ESS
OF
DEC
LAR
AN
T
OFF
ICE
AD
DR
ESS
OF
DEC
LAR
AN
T
DEC
LAR
AN
T’S
CO
NTA
CT
INFO
RM
ATIO
N
(a)
Tele
phon
e (H
ome)
(O
ffi ce
) (M
obile
)
(b)
Emai
l
(c)
Fax
1.
DEC
LAR
AN
T
62
2.
DEC
LAR
AN
T’S
EMPL
OY
MEN
T H
ISTO
RY (f
or th
e la
st 5
yea
rs)
Posi
tion
Hel
dN
ame
and
Add
ress
of E
mpl
oyer
Perio
d of
Em
ploy
men
tThird Schedule - (Cont’d)
From
(yyy
y/m
m/d
d)To
(yyy
y/m
m/d
d)
63
Third Schedule - (Cont’d)N
AM
E O
F D
ECLA
RA
NT’
S SP
OU
SE (S
urna
me,
Oth
er N
ames
)
DAT
E O
F B
IRTH
OF
DEC
LAR
AN
T’S
SPO
USE
(yyy
y/m
m/d
d)
HO
ME
AD
DR
ESS
OF
DEC
LAR
AN
T’S
SPO
USE
OFF
ICE
AD
DR
ESS
OF
DEC
LAR
AN
T’S
SPO
USE
SPO
USE
‘S C
ON
TAC
T IN
FOR
MAT
ION
(a)
Tele
phon
e (H
ome)
(O
ffi ce
) (M
obile
)
(b)
Emai
l
(c)
Fax
3.
DEC
LAR
AN
T’S
SPO
USE
NO
TE:
Und
er s
ectio
n 2
of th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
“sp
ouse
” in
clud
es a
per
son
with
who
m th
e
decl
aran
t is
in a
uni
on o
ther
than
mar
riage
as
defi n
ed b
y se
ctio
n 39
of t
he F
amily
Law
Act
, Cap
. 314
.
64
Nam
e(S
urna
me,
Oth
er N
ames
)A
ddre
ssThird Schedule - (Cont’d)
Is
this
child
a
depe
nden
t ch
ild?
(Yes
/No)
Dat
e of
Birt
h(y
yyy/
mm
/dd)
NO
TE:
Und
er se
ctio
n 2
of th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
“chi
ld”,
in
rela
tion
to a
per
son,
mea
ns a
ny c
hild
of
the
pers
on a
nd i
nclu
des
a st
epch
ild a
nd
an a
dopt
ed c
hild
and
, in
res
pect
of
a m
an,
incl
udes
a c
hild
in
resp
ect
of w
hom
the
man
has
(a)
been
adj
udge
d th
e fa
ther
by
a co
urt o
f com
pete
nt ju
risdi
ctio
n; o
r(b
) ac
know
ledg
ed to
be
his c
hild
;
“dep
ende
nt c
hild
”, m
eans
any
chi
ld o
f a p
erso
n, w
heth
er a
min
or o
r not
, who
is u
nmar
ried
and
is b
eing
mai
ntai
ned
by th
e pe
rson
.
4.
DEC
LAR
AN
T’S
CH
ILD
REN
65
1. I
NC
OM
E FR
OM
EM
PLO
YM
ENT
- GO
VER
NM
ENT/
NO
N-G
OV
ERN
MEN
T
(Inc
lude
rece
ipts
from
any
Min
istr
y, D
epar
tmen
t, Bo
ard,
Age
ncy,
etc.
)
Nam
e and
Add
ress
of E
mpl
oyer
Title
of O
ffi ce
Gro
ss A
nnua
l Ear
ning
s$
Rec
ipie
nt’s
Nam
e(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)
Third Schedule - (Cont’d)
PAR
T II
DE
TAIL
S O
F IN
CO
ME
(OF
DE
CL
AR
AN
T, S
POU
SE A
ND
DE
PEN
DE
NT
CH
ILD
RE
N)
66
Nam
e an
d A
ddre
ss o
f Bus
ines
sR
ecip
ient
’s N
ame
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Ann
ual N
et
Inco
me
$
Nat
ure
of B
usin
ess
Add
ress
and
Des
crip
tion
of P
rope
rtyR
ecip
ient
’s N
ame
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Ann
ual N
et
Inco
me
$
Tena
nt’s
Nam
e
Third Schedule - (Cont’d)
2.
INC
OM
E FR
OM
TR
AD
E, P
RO
FESS
ION
OR
VO
CAT
ION
(Ple
ase
stat
e N
et In
com
e—af
ter d
educ
tion
of e
xpen
ses)
3.
INC
OM
E FR
OM
PR
OPE
RTY
(Ple
ase
stat
e N
et In
com
e—af
ter d
educ
tion
of e
xpen
ses)
67
Rec
ipie
nt’s
Nam
e(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)A
nnua
l In
com
e$
Ann
ual I
ncom
e$
Third Schedule - (Cont’d)
4.
INTE
RES
T IN
CO
ME
5. D
IVID
ED IN
CO
ME
( fro
m sh
ares
and
stoc
k)
Nam
e an
d A
ddre
ss o
f O
rgan
isat
ion/
Pers
ons f
rom
who
m In
tere
st R
ecei
ved
Rec
ipie
nt’s
Nam
e(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)N
ame
and
Add
ress
of O
rgan
isat
ion
from
w
hich
D
ivid
end
Rec
eive
d
68
Des
crip
tion
of
Any
Ass
ets S
old
Purc
hase
Pric
e and
Add
ition
alCa
pita
l Exp
endi
ture
(a) $
6. G
AIN
S/PR
OFI
TS In W
hose
Nam
e H
eld
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Expe
nses
Rela
tive
to S
ale
(b) $
Proc
eeds
of
Sal
e(c
) $
Gai
ns/P
rofi t
s
[c –
(a +
b)]
$
7. O
THER
BEN
EFIT
S FR
OM
EM
PLO
YM
ENT
(incl
udin
g H
ousi
ng, T
rave
lling
)
Nam
e an
d A
ddre
ss o
f Em
ploy
erVa
lue
$D
escr
iptio
n of
Ben
efi t
Rec
ipie
nt’s
Nam
e(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)
Third Schedule - (Cont’d)
69
Sour
ce o
f Inc
ome
and
Add
ress
Rec
ipie
nt’s
Nam
e(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)Va
lue
$D
escr
iptio
n of
Inco
me
NO
TE:
Und
er se
ctio
n 2
of th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
“in
com
e” in
clud
es(a
) m
oney
or m
oney
’s w
orth
der
ived
from
wha
teve
r sou
rce
or a
cqui
red
in B
arba
dos o
r els
ewhe
re, w
heth
er
dire
ctly
or i
ndire
ctly
; and
(b)
all
rece
ipts
by
way
of
sala
ry,
fees
, w
ages
, re
quis
ition
s, pr
ofi ts
, gr
ants
, em
olum
ents
, re
nts,
inte
rest
,
com
mis
sion
s, bo
nuse
s, pe
nsio
ns, a
nnui
ties o
r ben
efi ts
.
Third Schedule - (Cont’d)
8. O
THER
IN
CO
ME
(not
her
ein
prev
ious
ly d
ecla
red
- inc
ludi
ng re
ceip
ts by
way
of c
omm
issio
ns, b
onus
es, p
ensio
ns,
tru
st, a
nnui
ties)
- Se
e N
ote
belo
w.
70
Date
of A
cquis
ition
(yyy
y/m
m/d
d)In
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)
Orig
inal
Cos
t
$
Cos
t of
Add
ition
s
$
Estim
ated
Va
lue
as a
tD
ec. 3
1, 2
0...
$
Add
ress
and
D
escr
iptio
nof
Pro
perty
in
clud
ing
Land
and
Fl
oor A
reas
Third Schedule - (Cont’d)
Sour
ce of
Fun
ding
(Mor
tgag
e, Lo
an,
Savi
ngs e
tc.)
1.
REA
L PR
OPE
RTY
(a)
LAN
D A
ND
BU
ILD
ING
S (in
clud
ing
tow
nhou
ses a
nd c
ondo
min
ium
s)
PAR
T II
I
DE
TAIL
S O
F A
SSE
TS
(OF
DE
CL
AR
AN
T, S
POU
SE A
ND
DE
PEN
DE
NT
CH
ILD
RE
N)
71
Add
ress
, D
escr
iptio
n an
d A
rea
of L
and
Date
of A
cquis
ition
(yyy
y/m
m/d
d)In
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)
Orig
inal
Cos
t
$
Estim
ated
Va
lue
as a
tD
ec. 3
1, 2
0...
$
Third Schedule - (Cont’d)So
urce
of F
undi
ng(M
ortg
age,
Loan
, Sa
ving
s etc
.)
(b)
LAN
D (W
ithou
t Bui
ldin
gs)
72
Nam
e and
Add
ress
of I
nstit
utio
nIn
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)A
ccou
nt N
umbe
rB
alan
ce a
s at
Dec
. 31,
20.
... $
Type
of A
ccou
nt
2. A
MO
UN
TS H
ELD
IN B
AN
KS
AN
D O
THER
FIN
AN
CIA
L IN
STIT
UTI
ON
S
(not
incl
udin
g U
nit T
rust
and
Mut
ual F
unds
)Third Schedule - (Cont’d)
73
Third Schedule - (Cont’d)Va
lue
as a
tD
ec. 3
1, 2
0....
$
Num
ber o
f Uni
ts
Hel
dN
ame
and
Add
ress
of I
nstit
utio
nIn
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)
3. U
NIT
TR
UST
AN
D M
UTU
AL
FUN
DS
74
Third Schedule - (Cont’d)N
ame
and
Add
ress
of I
nstit
utio
nVa
lue
$In
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)D
escr
iptio
n of
Cas
h/Va
luab
les
4. C
ASH
AN
D V
ALU
AB
LES
HEL
D IN
SA
FETY
DEP
OSI
T B
OX
ES
75
In W
hose
Nam
e H
eld
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Ann
ual
Prem
ium
Paid $
Sum
Ass
ured
$
Cas
h Su
rren
der
Valu
e $
Com
pany
Type
of P
olic
yan
d M
atur
ityD
ate
(yyy
y/m
m/d
d)
Third Schedule - (Cont’d)
5. L
IFE
INSU
RA
NC
E PO
LIC
IES
76
Nam
e of
Com
pany
In W
hose
Nam
e H
eld
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Stoc
k U
nits
/Sh
ares
Hel
dM
arke
t Val
ue a
s at
Dec
. 31,
20.
...
$
Third Schedule - (Cont’d)
6.
CO
MPA
NY
SH
AR
ES A
ND
STO
CK
(a
) C
OM
PAN
Y S
HA
RES
AN
D S
TOC
K [(
Quo
ted)
, i.e
., Tr
aded
on
the
Stoc
k Ex
chan
ge)]
77
Nam
e an
d A
ddre
ss o
f C
ompa
nyIn
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)St
ock
Uni
ts/
Shar
es H
eld
Estim
ated
Va
lue
$
Nat
ure
of B
usin
ess
Nam
e an
d A
ddre
ss o
f Com
pany
or
Bus
ines
sIn
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)Pe
rcen
tage
Ow
ners
hip
Nat
ure
of B
usin
ess
Inve
stm
ent
as a
tD
ec. 3
1, 2
0....
$
Third Schedule - (Cont’d)
(b)
CO
MPA
NY
SH
AR
ES A
ND
STO
CK
(Unq
uote
d)
7. I
NV
ESTM
ENT
IN P
ART
NER
SHIP
S, JO
INT
VEN
TUR
ES A
ND
OTH
ER B
USI
NES
SES
78
Mak
e an
d M
odel
In W
hose
Nam
e H
eld
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Purc
hase
Pr
ice
$
Reg
istra
tion
Num
ber
Nam
e an
d A
ddre
ss o
f B
orro
wer
Nam
e of
Len
der
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Dat
e Le
ntA
mou
nt L
ent
$
Bal
ance
Due
as a
t Dec
. 31,
20
....
$
Estim
ated
Va
lue
as a
tD
ec. 3
1, 2
0....
$
Year
of
Acq
uisi
tion
Third Schedule - (Cont’d)
8. O
THER
ASS
ETS
(a
) M
OTO
R V
EHIC
LES
(b)
MO
NEY
LO
AN
ED
79
Issu
ing
Org
anis
atio
nIn
Who
se N
ame
Hel
d(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)M
atur
ityD
ate
Dat
e of
Purc
hase
Nam
e an
d A
ddre
ss o
f Cre
dit U
nion
In W
hose
Nam
e H
eld
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Type
of A
ccou
nt(S
hare
s/Sa
ving
s/Fi
xed
Dep
osit)
Bal
ance
as a
t D
ec. 3
1, 2
0....
$
Face
Val
ue$
Inte
rest
Rat
eThird Schedule - (Cont’d)
Acc
ount
Num
ber
(c
) G
OV
ERN
MEN
T A
ND
CO
RPO
RAT
E B
ON
DS
(d)
CR
EDIT
UN
ION
S
80
Des
crip
tion
In W
hose
Nam
e H
eld
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Loca
tion
Third Schedule - (Cont’d)
Valu
e as
at
Dec
. 31,
20.
...
$
NO
TE:
Und
er se
ctio
n 2
of th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
“ass
ets”
mea
ns a
ll pr
oper
ty, i
nclu
ding
any
righ
t or
in
tere
st in
pro
perty
, hel
d by
a p
erso
n in
Bar
bado
s or e
lsew
here
.
(e
) A
NY
OTH
ER A
SSET
S
(n
ot h
erei
n pr
evio
usly
dec
lare
d - i
nclu
ding
Boa
ts, J
ewel
ry, P
aint
ings
, Coi
n C
olle
ctio
ns e
tc.)
- See
Not
e
B
elow
81
Prop
erty
/A
sset
Mor
tgag
ed
Nam
e of
Bor
row
er(D
ecla
rant
/Spo
use/
Dep
ende
nt C
hild
)
Inte
rest
Rat
ean
d Te
rmA
mou
ntPa
id fo
r the
Ye
ar
Bal
ance
Ow
ing
as a
tD
ec. 3
1, 2
0....
$
Nam
e an
d A
ddre
ss
of L
ende
r
Third Schedule - (Cont’d)
Orig
inal
Loa
nan
d D
ate
Incu
rred
(yyy
y/m
m/d
d)
1.
MO
RTG
AGE
LOA
NS
PAR
T IV
DE
TAIL
S O
F L
IAB
ILIT
IES
(OF
DE
CL
AR
AN
T, S
POU
SE A
ND
DE
PEN
DE
NT
CH
ILD
RE
N)
82
Nam
e an
d A
ddre
ss o
fO
rgan
isat
ion/
Pers
on
Ow
ed
Dat
eD
ebt I
ncur
red
(yyy
y/m
m/d
d)
Nam
e of
Deb
tor
(Dec
lara
nt/S
pous
e/D
epen
dent
Chi
ld)
Orig
inal
Deb
t
$
Am
ount
R
epai
ddu
ring
Year
$
Am
ount
Ow
ing
as a
t Dec
. 31,
20
....
$
Third Schedule - (Cont’d)
NO
TE:
Und
er se
ctio
n 2
of th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
“lia
bilit
ies”
mea
ns a
ll th
e ob
ligat
ions
of a
per
son
to
pa
y m
oney
or t
o pr
ovid
e go
ods o
r ser
vice
s in
Bar
bado
s or e
lsew
here
.
2.
OTH
ER L
IAB
ILIT
IES
(incl
udin
g Ju
dgm
ent D
ebts
) - S
ee N
ote
belo
w.
83
Form
2
Inte
grity
in P
ublic
Life
Act
, 202
0 (A
ct 2
020-
)
CE
RT
IFIC
ATE
OF
CO
MPL
IAN
CE
(Pur
suan
t to
sect
ion
15 o
f the
Inte
grity
in P
ublic
Life
Act
, 202
0)
This
is
to c
ertif
y th
at t
he d
ecla
ratio
n re
quire
d un
der
sect
ion
11 o
f th
e In
tegr
ity i
n Pu
blic
Life
Act
, 20
20
has b
een
subm
itted
by
and
has
bee
n sa
tisfa
ctor
ily m
ade.
Dat
ed th
is
day
of
20
.
NO
TE:
The
stat
emen
t of r
egis
trabl
e in
tere
sts r
equi
red
unde
r sec
tion
18 o
f the
Act
has
/has
not
*bee
n fi l
ed.
* D
elet
e as
app
licab
le.
Cha
irman
of t
he In
tegr
ity C
omm
issi
on/G
over
nor-G
ener
al
Third Schedule - (Cont’d)
84
Form
3
Inte
grity
in P
ublic
Life
Act
, 202
0 (A
ct 2
020-
)
STAT
EM
EN
T O
F R
EG
IST
RA
BL
E IN
TE
RE
STS
FOR
TH
E Y
EA
R E
ND
ED
31ST
DE
CE
MB
ER
, 20…
(Pur
suan
t to
sect
ion
18 o
f the
Inte
grity
in P
ublic
Life
Act
, 202
0)
Com
plet
e th
is F
orm
and
fi le
it
toge
ther
with
the
Dec
lara
tion
of I
ncom
e, A
sset
s an
d Li
abili
ties
whi
ch y
ou
are
requ
ired
to fi
le w
ith th
e In
tegr
ity C
omm
issi
on u
nder
sec
tion
11 o
f th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020.
NO
TE:
Ther
e is
no
requ
irem
ent
to d
iscl
ose
in t
his
Stat
emen
t th
e ac
tual
am
ount
or
exte
nt o
f an
y fi n
anci
albe
nefi t
, con
tribu
tion
or in
tere
st. P
leas
e no
tify
the
Secr
etar
y to
the
Com
mis
sion
of
any
chan
ge w
hich
oc
curs
in y
our i
nter
ests
as s
et o
ut in
this
Sta
tem
ent w
ithin
6 w
eeks
of t
he c
hang
e oc
curr
ing.
(If
ther
e is
ins
uffi c
ient
spa
ce f
or t
he i
tem
s fa
lling
und
er a
ny s
ectio
n, a
dditi
onal
inf
orm
atio
n m
ay b
e pr
ovid
ed o
n se
para
te sh
eets
.)
WA
RN
ING
: U
nder
sec
tion
20 o
f th
e In
tegr
ity in
Pub
lic L
ife A
ct, 2
020
it is
an
offe
nce
puni
shab
le b
y a fi n
e
of $
50 0
00 o
r im
pris
onm
ent
for
2 ye
ars
or b
oth
to k
now
ingl
y fi l
e a
stat
emen
t of
reg
istra
ble
in
tere
sts t
hat i
s inc
ompl
ete
or fa
lse
in a
ny m
ater
ial p
artic
ular
.
Third Schedule - (Cont’d)
85
STAT
EM
EN
T O
F R
EG
IST
RA
BL
E IN
TE
RE
STS
NA
ME
OF
DEC
LAR
AN
T (S
urna
me,
Oth
er N
ames
)
DAT
E O
F B
IRTH
OF
DEC
LAR
AN
T (y
yyy/
mm
/dd)
POSI
TIO
N H
ELD
(Tic
k on
e)
Mem
ber o
f the
Hou
se o
f Ass
embl
y Se
nato
r
DAT
E EL
ECTE
D/A
PPO
INTE
D (y
yyy/
mm
/dd)
T
he fo
llow
ing
info
rmat
ion
is p
rovi
ded
purs
uant
to se
ctio
n 18
of t
he A
ct:
Nam
e of
Com
pany
or o
ther
Cor
pora
te B
ody
Add
ress
Third Schedule - (Cont’d)
1. I
/MY
SPO
USE
/MY
CH
ILD
HO
LD(S
) D
IREC
TOR
SHIP
S IN
TH
E FO
LLO
WIN
G C
OM
PAN
IES
OR
OTH
ER
CO
RPO
RAT
E B
OD
IES:
86
Dat
e of
Con
tract
Parti
cula
rs o
f Obl
igat
ions
Und
erta
ken
Nam
e of
Com
pany
/Par
tner
ship
/Ass
ocia
tion
Add
ress
Third Schedule - (Cont’d)
2. I
/MY
SPO
USE
/MY
CH
ILD
HAV
E (H
AS)
MA
DE
OR
AM
(IS)
A P
ART
NER
IN A
FIR
M O
R A
DIR
ECTO
R O
R
MA
NA
GER
OF
A C
OM
PAN
Y T
HAT
HA
S M
AD
E C
ON
TRA
CTS
WIT
H T
HE
STAT
E A
S FO
LLO
WS:
3. I
/MY
SP
OU
SE/M
Y
CH
ILD
H
AVE
(HA
S)
INV
ESTM
ENTS
IN
TH
E FO
LLO
WIN
G
C
OM
PAN
IES,
PART
NER
SHIP
S O
R A
SSO
CIA
TIO
NS:
87
Nam
e of
Tru
stB
rief P
artic
ular
s of T
rust
Nam
e of
Tru
stB
rief P
artic
ular
s of T
rust
Third Schedule - (Cont’d)
4. I
/MY
SPO
USE
/MY
CH
ILD
HO
LD(S
) TH
E PO
SITI
ON
OF
TRU
STEE
IN T
HE
FOLL
OW
ING
TR
UST
S:
5. I
/MY
SPO
USE
/MY
CH
ILD
HO
LD(S
) TH
E PO
SITI
ON
OF
BEN
EFIC
IARY
IN T
HE
FOLL
OW
ING
TR
UST
S:
88
Loca
tion,
Des
crip
tion
and
Are
a of
Lan
dB
enefi
cia
l Int
eres
t
Nam
e an
d A
ddre
ss o
f Fun
dC
ontro
ller o
f Fun
d
Third Schedule - (Cont’d)
6. I
/MY
SPO
USE
/MY
CH
ILD
HAV
E (H
AS)
BEN
EFIC
IAL
INTE
RES
TS IN
TH
E FO
LLO
WIN
G L
AN
DS:
7. I
/MY
SPO
USE
/MY
CH
ILD
HAV
E (H
AS)
BEE
N M
AK
ING
CO
NTR
IBU
TIO
NS
TO T
HE
FOLL
OW
ING
FU
ND
S:
89
Nam
e an
d A
ddre
ss o
f Ass
ocia
tion
Nat
ure
of A
ssoc
iatio
n(P
oliti
cal/T
rade
/Pro
fess
iona
l)
Des
crip
tion
of In
com
eSo
urce
Third Schedule - (Cont’d)
8. I
/MY
SPO
USE
/MY
CH
ILD
HO
LD(S
) M
EMB
ERSH
IPS
IN T
HE
FOLL
OW
ING
PO
LITI
CA
L, T
RA
DE
OR
PR
OFE
SSIO
NA
L A
SSO
CIA
TIO
NS:
7. I
/MY
SPO
USE
/MY
CH
ILD
HAV
E (H
AS)
REC
EIV
ED IN
CO
ME
FRO
M T
HE
FO
LLO
WIN
G S
OU
RC
ES:
90
Nam
e of
Inte
rest
(Pec
unia
ry o
r Non
-Pec
unia
ry)
Dat
ed th
is
da
y of
20
.
Sign
atur
e of
Dec
lara
nt:
Third Schedule - (Cont’d)
10.
I/MY
SPO
USE
/MY
CH
ILD
HAV
E (H
AS)
TH
E FO
LLO
WIN
G O
THER
SU
BST
AN
TIA
L IN
TER
ESTS
W
HIC
H M
AY A
PPEA
R T
O R
AIS
E A
MAT
ERIA
L C
ON
FLIC
T B
ETW
EEN
MY
PR
IVAT
E IN
TER
EST
AN
D
MY
PU
BLI
C D
UTY
:
91
CO
NFI
DE
NT
IAL
Form
4
Inte
grity
in P
ublic
Life
Act
, 202
0 (A
ct 2
020-
)
RE
POR
T O
F G
IFT
(Pur
suan
t to
sect
ion
23 o
f the
Inte
grity
in P
ublic
Life
Act
, 202
0)
WA
RN
ING
: U
nder
sec
tion
24 o
f the
Inte
grity
in P
ublic
Life
Act
, 202
0, it
is a
n of
fenc
e pu
nish
able
by
a fi n
e or
impr
ison
men
t for
3 m
onth
s or b
oth,
to k
now
ingl
y m
ake
a re
port
purs
uant
to se
ctio
n 23
that
is
inco
mpl
ete
or fa
lse
in a
ny m
ater
ial p
artic
ular
.
Third Schedule - (Cont’d)
92
Third Schedule - (Concl’d)
NA
ME
OF
DEC
LAR
AN
T (S
urna
me,
Oth
er N
ames
)
POSI
TIO
N H
ELD
DES
CR
IPTI
ON
AN
D V
ALU
E O
F G
IFT
($)
IN Y
OU
R O
PIN
ION
, IS
THE
GIF
T (T
ick
one)
A
PER
SON
AL
GIF
T
AN
OFF
ICIA
L G
IFT
NA
ME
OF
REC
IPIE
NT
(Sur
nam
e, O
ther
Nam
es)
REL
ATIO
NSH
IP T
O D
ECLA
RA
NT
(Tic
k on
e)
SPO
USE
C
HIL
D
N/A
NA
ME
OF
DO
NO
R (S
urna
me,
Oth
er N
ames
)
AD
DR
ESS
OF
DO
NO
R
Dat
ed th
is
da
y of
20
.
Sign
atur
e of
Dec
lara
nt:
93
FOURTH SCHEDULE
(Section 25)
CODE OF CONDUCT FOR PERSONS IN PUBLIC LIFE
Use of office
A person exercising public functions
shall
ensure that he performs his functions and administers the publicresources for which he is responsible in an effective and efficientmanner;
be fair and impartial in exercising his public functions; and
afford no undue preferential treatment to any person;
shall not
use his office for the improper advancement of his own or hisfamily’s personal or financial interests or the interest of any otherperson;
engage in any transaction, acquire any position or have anycommercial or other interest that is incompatible with his office,function and duty or the discharge thereof;
use or allow the use of public property or services for activitiesnot related to his public functions;
directly or indirectly use his office for private gain; and
use his official influence in support of any scheme or infurtherance of any contract or proposed contract with respect towhich he or a member of his immediate family has an interest.
1.
(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
(iv)
(v)
94
Use of information
A person exercising public functions shall not for his personaladvantage, benefit or gain, communicate to anyone or make use of anyinformation or the contents of any document acquired in his official capacity,which is not in the public domain.
Private interests and conflicts of interest
A person exercising public functions shall not allow his privateinterest to conflict with, or interfere with the proper discharge of, his publicfunctions or improperly influence his conduct in the discharge of his publicfunctions.
A conflict of interest is deemed to arise if a person exercising publicfunctions were to make or participate in the making of a decision in the executionof his office and at the same time knows or ought reasonably to have known, thatin the making of the decision, there is an opportunity either directly or indirectlyto further his private interests or that of a member of his family or of any otherperson associated with him.
Where there is a possible or perceived conflict of interest, the personexercising public functions involved shall disclose his interest in accordance withsuch procedures as may be appropriate and disqualify himself from any decision-making process.
2.
3.(1)
(2)
(3)
95
L.R.O. 1998
FIFTH SCHEDULE
(Section 54)
FORM OF OATHS
PART I
MEMBERS OF INTEGRITY COMMISSION
Form 1
Integrity in Public Life Act, 2020 (Act 2020- )
OATH OF OFFICE
I do swear/affi rm that I will exercise the functions of member of the Integrity Commission under the Integrity in Public Life Act, 2020 (Act 2020- )without fear or favour, affection or ill-will according to the Laws of Barbados. So help Me God.
Dated this day of , 20 .
Signature
96
L.R.O. 1998Fifth Schedule - (Cont'd)
PART I - (Concl'd)
MEMBERS OF INTEGRITY COMMISSION
Form 2
Integrity in Public Life Act, 2020(Act 2020- )
OATH OF SECRECY
I member of the Integrity Commission do swear/affi rm that I shall treat all declarations fi led with the Integrity Commission under the Integrity in Public Life Act, 2020 (Act 2020- ) and all records and information relating thereto as secret andconfi dential and I shall not disclose or communicate to any unauthorised person or allow any unauthorised person to have access to any such record, information or declaration. So help Me God.
Dated this day of , 20 .
Signature
97
L.R.O. 1998
PART II
EMPLOYEES AND OTHER PERSONS PERFORMING FUNCTIONS IN THE SERVICE OF THE INTEGRITY COMMISSION
Form 3
Integrity in Public Life Act, 2020 (Act 2020- )
OATH OF OFFICE
I do swear/affi rm that I will exercise my functions (in the service of/as employee of) the Integrity Commission under the Integrity in Public Life Act, 2020 (Act 2020- ) without fear or favour, affection or ill-will according to the Laws ofBarbados. So help Me God.
Dated this day of , 20 .
Fifth Schedule - (Cont'd)
Signature
98
L.R.O. 1998
PART II - (Concl'd)
EMPLOYEES AND OTHER PERSONS PERFORMING FUNCTIONS IN THE SERVICE OF THE INTEGRITY COMMISSION
Form 4
Integrity in Public Life Act, 2020 (Act 2020- )
OATH OF SECRECY
I employee/performing a function in the service of theIntegrity Commission do swear/affi rm that I shall treat all declarations fi led with the Integrity Commission under the Integrity in Public Life Act, 2020 (Act 2020- ) and all records andinformation relating thereto as secret and confi dential and I shall not disclose or communicate to any unauthorised person or allow any unauthorised person to have access to any such record, information or declaration. So help Me God.
Dated this day of , 20 .
Fifth Schedule - (Cont'd)
Signature
99
L.R.O. 1998Fifth Schedule - (Cont'd)
PART III
PERSONS APPOINTED AS TRIBUNALS
Form 5
Integrity in Public Life Act, 2020 (Act 2020- )
OATH OF OFFICE
I do swear/affi rm that I will exercise my functions as atribunal under the Integrity in Public Life Act, 2020 (Act 2020- ) without fear or favour, affection or ill-will according to the Laws of Barbados. So help Me God.
Dated this day of , 20 .
Signature
100
L.R.O. 1998
PART III - (Concl'd)
PERSONS APPOINTED AS TRIBUNALS
Form 6
Integrity in Public Life Act, 2020(Act 2020- )
OATH OF SECRECY
I appointed as a tribunal under the Integrity in Public LifeAct, 2020 (Act 2020- ) do swear/affi rm that I shall treat all declarations fi led with theGovernor-General and all records and information relating thereto as secret and confi dential and I shall not disclose or communicate to any unauthorised person or allow any unauthorisedperson to have access to any such record, information or declaration. So help Me God.
Dated this day of , 20 .
Fifth Schedule - (Concl'd)
Signature
101