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

Read three times and passed the House of Assembly thisday of , 2020.

Speaker

Read three times and passed the Senate this day of , 2020.

President

102