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قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
۳۵۴ بازدید
 
   

Barbados ۱


Present,

The Queen"s Most Excellent Majesty in Council

Her
Majesty, by virtue and in exercise of the powers vested in Her by
section ۵ of the Barbados Independence Act ۱۹۶۶ and of all other powers
enabling Her in that behalf, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows:


۱: Citation commencement and construction


۱. This Order may be cited as the Barbados Independence Order ۱۹۶۶.


۲. This order shall come into operation on ۳۰th November ۱۹۶۶ (in this Order referred to as "the appointed day"):

Provided
that the Governor may at any time after ۲۲nd November ۱۹۶۶ exercise any
of the powers conferred upon the Governor General by sections ۴(۳) and
۱۰(۱) of this Order and sections ۶۰(۱), ۸۹(۲), ۹۰(۱) and ۹۱(۱) of the
Constitution set out in the Schedule to this Order (in this Order
referred to as "the Constitution") to such extent as any, in his
opinion, be necessity or expedient to enable the Constitution to
function as from the appointed day.


۳. For the purposes of
the exercise by the Governor under the proviso to subsection (۲) of the
powers conferred by the said sections ۸۹(۲), ۹۰(۱) and ۹۱(۱), the
references therein to the Prime Minister and the Leader of the
Opposition shall be construed as if they were references respectively
to the Premier and to the Leader of the Opposition as defined for the
purposes of Schedule ۲ to the Barbados (Letters Patent Consolidation)
Order ۱۹۶۴(b); and the other powers referred to in that proviso shall
be exercised by the Governor acting in accordance with the advice of
the Premier.


۴. Save where the context otherwise requires,
expressions used in sections ۱ to ۱۲ of this Order have the same
meaning as in the Constitution and the provisions of section ۱۱۷ of the
Constitution shall apply for the purposes of interpreting those
sections as they apply for the purposes of interpreting those sections
as they apply for the purposes of interpreting the Constitution.


۲: Revocations and Amendments


۱.
The Barbados (Letters Patent Consolidation) Order ۱۹۶۴ (in this Order
referred to as "the existing Order") is revoked; but the revocation of
the existing Order shall not affect the operation on and after the
appointed day of any law made or having effect as if made in pursuance
of the existing Order and having effect as part of the law of Barbados
immediately before the appointed day (including any law made before the
appointed day and coming into operation on or after that day).


۲.
The British Caribbean Court of Appeal Order in Council ۱۹۶۲(a) (as
amended by the British Caribbean Court of Appeal (Amendment) (No. ۲)
Order in Council ۱۹۶۲(b)) is amended by the deletion of the words "and
the Chief Judge and other judges of the Island of Barbados" in
paragraph (b) of article ۳(۱) (which specifies the judges of which the
Court consists):

Provided that, if provision is made by an
order paragraph (b) of section ۱۰(۱) or by any other law for the
continuance on or after the appointed day before the British Caribbean
Court of Appeal of any such pending appeals as are mentioned in that
paragraph, the, for the purposes of such appeals, Barbados shall
continue to be a Territory for the purposes of the first mentioned
Order and the Chief Justice and other Judges of the Supreme Court of
Barbados shall be members of the Court ex officio.


۳. The
West Indies (Dissolution and Interim Commissioner) Order in Council
۱۹۶۲(c) is amended by the deletion of sub-paragraph(b) (which specifies
Barbados) of the definition of "the territories" in article ۲(۱); but
nothing in this subsection shall affect the operation on and after the
appointed day of any law having effect as part of the law of Barbados
immediately before that day by virtue of the provisions of article ۱۵
or ۱۶ of that Order.


۳: Establishment of Constitution


Subject to the provisions of this Order, the Constitution shall come into effect on the appointed day.


۴: Existing laws


۱.
Subject to the provisions of this section, the existing laws shall be
construed with such modifications, adaptations, qualifications unwaged
exceptions as may be necessary to bring them into conformity with the
Barbados Independence Act ۱۹۶۶ and this Order.


۲. Where
any matter that falls to be prescribed or otherwise provided for under
the Constitution by Parliament or by any other authority or person is
prescribed or provided for by or under an existing law (including any
amendment to any such a law and under this section) or is otherwise
prescribed or provided for immediately before the appointed day by or
under the existing Order, that prescription or provision shall, as from
that day, have effect (with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring it into
conformity with the Barbados Independence Act ۱۹۶۶ and this Order) as
if it had been made under the Constitution by Parliament or, as the
case may require, by the other authority or person.


۳. The
Governor General may by order made at any time before ۳۰th November
۱۹۶۷ make such amendments to any existing law as may appear to him to
be necessary or expedient for bringing that law into conformity with
the provisions of the Barbados Independence Act ۱۹۶۶ and this Order or
otherwise for giving effect to or enabling effect to be given to those
provisions.


۴. An order made by the Governor-General under
subsection (۳) shall have effect from such day, not earlier than the
appointed day, as may be specified therein.


۵. The
provisions of this section shall be without prejudice to any powers
conferred by this Order or by any other law upon any person or
authority to make provision for any matter, including the amendment or
repeal of any existing law.


۶. In this section "existing
law" means any law having effect as part of the law of Barbados
immediately before the appointed day (including any law made before the
appointed day and coming into operation on or after that day).


۵: Parliament


۱.
The persons who immediately before the appointed day are members of the
Senate established by the existing Order (in this section referred to
as "the existing senate"), having been appointed as such under
sub-paragraphs (a), (b) and (c) respectively of paragraph ۱۰(۲) of
Schedule ۲ to that Order, shall as from the appointed day be members of
the Senate established by the Constitution as if they had been
appointed as such under subsections (۲), (۳) and (۴) respectively of
section ۳۶ of the Constitution and shall hold their seats as Senators
in accordance with the provisions of the Constitution.


۲.
The persons who immediately before the appointed day are President and
Deputy President of the existing Senate shall as from the appointed day
be President and Deputy President respectively of the Senate
established by the Constitution as if they had been elected as such
under section ۴۰ of the Constitution and shall hold office in
accordance with the provisions of that section.


۳. The
persons who immediately before the appointed day are members of the
House of Assembly the established for Barbados (in this section
referred to as "the existing Assembly") shall as from the appointed day
be members of the House of Assembly established by the Constitution as
if elected as such in pursuance of section ۴۱(۲) of the Constitution
and shall hold their seats in that House in accordance with the
provisions of the Constitution.


۴. The persons who
immediately before the appointed day are Speaker and Deputy Speaker of
the existing Assembly shall as from the appointed day be Speaker and
Deputy Speaker respectively of the House of Assembly established by the
Constitution as if elected as such by that House in pursuance of any
provisions in that behalf.


۵. Any person who is a member
of the Senate or the House of Assembly established by the Constitution
by virtue of the preceding provisions of this section and who, since he
was last appointed or elected as a member of the existing Senate of the
existing Assembly before the appointed day, has taken the oath of
allegiance in pursuance of paragraph ۲۱ of Schedule ۲ to the existing
Order shall be deemed to have complied with the requirements of section
۵۹ of the Constitution relating to the taking of the oath of
allegiance.


۶. The Standing Orders of the existing Senate
and the existing Assembly as in force immediately before the appointed
day shall, except as may be otherwise provided in pursuance of section
۵۰(۱) of the Constitution, be three Standing Orders respectively of the
Senate and the House of Assembly established by the Constitution, but
they shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them into
conformity with the Constitution.


۷. Notwithstanding
anything contained in section ۶۱(۳) of the Constitution (but subject t
the provisions of subsections (۴) and (۵) of that section) Parliament
shall, unless sooner dissolved, stand dissolved on the expiration of
five years from the first sitting of the existing Assembly after the
general election of members of the Assembly last preceding the
appointed day.


۶: Ministers and Parliamentary Secretaries


۱.
The person who immediately before the appointed day holds the office of
premier under the existing Order shall, as from the appointed day, hold
office as Prime Minister as if he had been appointed thereto under
section ۶۵(۱) of the Constitution.


۲. The person (other
than the Premier) who immediately before the appointed day hold
officers Ministers under the existing Order shall, as from the
appointed day, hold the like offices as if they had been appointed
thereto under section ۶۵(۲) of the Constitution.


۳. Any
person holding the office of Prime Minister or other Minister by virtue
of subsection (۱) or (۲) who immediately before the appointed day was
charged with responsibility for any subject or department of government
shall, as from the appointed day, be deemed to have been assigned
responsibility for the corresponding business or department of the
Government under section ۷۲ of the Constitution.


۴. The
persons who immediately before the appointed day hold office as
Parliamentary Secretaries under the existing Order shall, as from the
appointed day, hold the like offices as if they had been appointed
thereto under section ۷۳(۱) of the Constitution.


۵. Any
person who holds office as Prime Minister or other Minister or
Parliamentary Secretary as from the appointed day by virtue of the
provisions of this section shall be deemed t have complied with the
requirements of section ۶۹ or section ۷۳(۲), as the case may be, of the
Constitution relating to the taking of oaths


۷: Leader of the Opposition


The
person who immediately before the appointed day is the Leader of the
Opposition (as defined for the purposes of Schedule ۲ to the existing
Order) shall, as from the appointed day, hold office as Leader of the
Opposition as if he had been appointed thereto under section ۷۴ of the
Constitution.


۸: Privy Council


The persons who
immediately before the appointed day are members of the Privy Council
established by the existing Order, having been appointed as such under
clause ۳ of the Barbados Royal Instructions ۱۹۶۴(a), shall, as from the
appointed day, hold office as members of the privy Council established
by the Constitution as if they had been appointed thereto under section
۷۶(۱) of the Constitution:

Provided that for the purposes of
subsection (۳) of that section the date of appointment of any such
person shall be the date on which the period of his last appointment
under the said clause ۳ commenced or was deemed to have commenced for
the purposes of that clause.


۹: Existing judges and public officers


۱.
Every person who immediately before the appointed day holds or is
acting in a public office shall, as from the appointed day, hold or act
in that office or the corresponding office established by the
Constitution as if he had been appointed to do so in accordance with
the provisions of the Constitution:

Provided that any person
who under any existing law would have been required to vacate his
office on the attainment of any age or on the expiration of any period
shall vacate his office on the attainment of that age or at the
expiration of that period.


۲. The provisions of subsection (۱) shall apply in relation to the office of a Judge as if that office were a public office.


۳.
Any person who, by virtue of the provisions of this section, holds or
is acting in the office of the Director of Public Prosecutions or a
Judge as from the appointed day shall be deemed to have complied with
the requirements of section ۷۹(۷) or, as the case may be, section ۸۳ of
the Constitution relating to the taking and subscribing of oaths.


۴. In this section "existing law" has the same meaning as in section ۴.


۱۰: Pending legal proceedings


۱. The Governor General may by order make such provision as may appear to him to be necessary or expedient for:


a.
the continuance on or after the appointed day before the High Court of
Appeal established by the Constitution of any proceedings pending
immediately before that day before the Supreme Court of Barbados;


b.
the continuance on or after the appointed day before the said Court of
Appeal or the British Caribbean Court of Appeal or the abutment of any
appeal pending immediately before that day before the British Caribbean
Court of Appeal from the Supreme Court of Barbados;


c. the
enforcement of any judgment of the Supreme Court of Barbados or the
British Caribbean Court of Appeal given but not satisfied before the
appointed day; and


d. the enforcement of any judgment of
the British Caribbean Court of Appeal given on or after that day by
virtue of provision made in pursuance of paragraph (b).


۲. In subsection (۱) -

"appeal" includes a case stated or question of law reserved;

"judgment" includes a decree, order, ruling, sentence or decision;

"the Supreme Court of Barbados" includes the Full Court of that Court.


۳.
The provisions of this section shall be without prejudice to the
provisions of section ۴ and to any powers conferred by this Order or by
any other law upon any person or authority to make provision for any of
the matters referred to in subsection (۱).


۱۱: Appeals to Her Majesty in Council


Until
Parliament otherwise provides, an appeal shall lie under section ۸۸(۱)
of the Constitution from decisions of the Court of Appeal established
by the Constitution to her Majesty in Council in the cases mentioned in
paragraphs (a) and (b) of section ۳ of the British Caribbean (Appeal to
Privy Council) Order in council ۱۹۶۲(a) as if references therein to the
British Caribbean Court of Appeal were references to the Court of
Appeal established by the Constitution.


۱۲: Alteration of this Order


۱.
Parliament may alter any of the provisions of this Order in the same
manner as it may alter any of the provisions of the Constitution:

Provided
that section ۳, section ۵(۱) and (۷), section ۹ and this section may be
altered by Parliament only in the same manner as the provisions
specified in section ۴۹(۲) of the Constitution.


۲. Section
۴۹(۵) of the Constitution shall apply for the purpose of construing
references in this section to any provision of this Order and to the
alteration of any such provision as it applies for the purpose of
construing references in the said section ۴۹ to any provision of the
Constitution and to the alteration of any such provision.




CHAPTER I

THE CONSTITUTION


۱: Constitution is supreme law


This
Constitution is the supreme law of Barbados and, subject to the
provisions of this Constitution, if any other law is inconsistent with
this Constitution, this Constitution shall prevail and the other law
shall, to the extent of the inconsistency, be void.




CHAPTER II CITIZENSHIP


۲: Persons who become citizens on ۳۰th November ۱۹۶۶


۱.
Every person who, having been born in Barbados is on ۲۹th November ۱۹۶۶
a citizen of the United Kingdom and Colonies shall become a citizen of
Barbados on ۳۰th November ۱۹۶۶.


۲. Every person who,
having been born outside Barbados, is on ۲۹th November ۱۹۶۶ a citizen
of the United Kingdom and Colonies shall, if his father becomes or
would but for his death have become a citizen of Barbados in accordance
with the provisions of subsection (۱), become a citizen of Barbados on
۳۰th November ۱۹۶۶.


۳. Any person who on ۲۹th November ۱۹۶۶ is a citizen of the United Kingdom and Colonies -


a.
having become such a citizen under the British Nationality Act ۱۹۴۸(a)
by virtue of his having been naturalized in Barbados as a British
subject before that Act came into force; or


b. having
become such a citizen by virtue of his having been naturalized or
registered in Barbados under that Act shall become a citizen of
Barbados on ۳۰th November ۱۹۶۶.


۳: Person entitled to be registered as citizens


۱. Any woman who on ۲۹th November ۱۹۶۶ is or has been married to a person -


a. who becomes a citizen of Barbados by virtue of section ۲; or


b.
who, having died before ۳۰th November ۱۹۶۶, would but for his death
have become a citizen of Barbados by virtue of that section shall be
entitled, upon making application, and, if she is a British protected
person or an alien, upon taking the oath of allegiance, to be
registered as a citizen of Barbados.


۲. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -


a.
has been ordinarily resident in Barbados continuously for a period of
seven years or more at any time before ۳۰th November ۱۹۶۶; and


b.
has not, since such period of residence in Barbados and before that
date, been ordinarily resident outside Barbados continuously for a
period of seven years or more.


shall be entitled, upon making application, to be registered as a citizen of Barbados:


Provided
that the right to be registered a s a citizen of Barbados under this
subsection shall be subject to such exceptions or qualifications as may
be prescribed in the interests of national security or public policy.


۳.
Any woman who on ۲۹th November ۱۹۶۶ is or has been married to a person
who subsequently becomes a citizen of Barbados by registration under
subsection (۲) shall be entitled, upon making application, and, if she
is a British protected person or an alien, upon taking the oath of
allegiance, to be registered as a citizen of Barbados:

Provided
that the right to be registered as a citizen of Barbados under this
subsection shall be subject to such exceptions or qualifications as may
be prescribed in the interests of national security or public policy.


۴.
Any application for registration under this section shall be made in
such manner as may be prescribed as respects that application:

Provided
that such an application may not be made by a person who has not
attained the age of twenty one years and is not a woman who is or has
been married but shall be made on behalf of that person by a parent or
guardian of that person.


۴: Persons born in Barbados after ۲۹th November ۱۹۶۶


Every person born in Barbados after ۲۹th November ۱۹۶۶ shall become a citizen of Barbados at the date of his birth:


Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth -


a.
his father possesses such immunity from suit and legal process as is
accorded to an envoy of a foreign sovereign state accredited to Her
Majesty in right of Her Government in Barbados and neither of his
parents is a citizen of Barbados; or


b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.


۵: Persons born outside Barbados after ۲۹th November ۱۹۶۶.


A
person born outside Barbados after ۲۹th November ۱۹۶۶ shall become a
citizen of Barbados at the date of his birth if at that date his father
is a citizen of Barbados otherwise than by virtue of this section or
section ۲(۲).


۶: Marriage to citizen of Barbados


Any
woman who, after ۲۹th November ۱۹۶۶, marries a person who is or becomes
a citizen of Barbados shall be entitled, upon making application in
such manner as may be prescribed and, if she is a British protected
person or an alien, upon taking the oath of allegiance, to be
registered as a citizen of Barbados.


۷: Renunciation of citizenship


Any citizen of Barbados who has attained the age of twenty-one years and who -

a. is also a citizen or national of any other country; or


b.
intends to become a citizen or national of any other country, shall be
entitled to renounce his citizenship of Barbados by a declaration made
and registered in such manner as may be prescribed:


Provided that -


a.
in the case of a person who is not a citizen or national of any other
country at the date of registration of his declaration of renunciation,
if he does not become such a citizen or national within six months from
the date of registration he shall be, and shall be deemed to have
remained, a citizen of Barbados notwithstanding the making and
registration of his declaration of renunciation; and


b.
the right of any person to renounce his citizenship of Barbados during
any period when Barbados is engaged in any war shall be subject to such
exceptions or qualifications as any be prescribed in the interests of
national security or public policy.


۸: Commonwealth citizens


۱.
Every person who under this Constitution or any Act of Parliament is a
citizen of Barbados or under any enactment for the time being in force
in any country to which this section applies is a citizen of that
country shall, by virtue of that citizenship, have the status of a
Commonwealth citizen.


۲. Every person who is a British
subject without citizenship under the British nationality act ۱۹۴۸,
continues to be a British subject under section ۲ of that Act or is a
British subject under the British Nationality Act ۱۹۶۵(a) shall, by
virtue of that status, have the status of a Commonwealth citizen.


۳.
Save as may be otherwise provided by Parliament, the countries to which
this section applies are the United Kingdom and colonies, Canada,
Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia,
Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago,
Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana,
Botswana, Lesotho and southern Rhodesia.


۹: Powers of Parliament


Parliament may make provision -


a.
for the acquisition of citizenship of Barbados by persons who do not
become citizens of Barbados by virtue of the provisions of this
Chapter; or


b. for depriving of his citizenship of
Barbados any person who is a citizen of Barbados otherwise than by
virtue of subsection (۱) or (۲) of section ۲ or section ۴ o section ۵.


۱۰: Interpretation


۱.
In this chapter - "alien" means a person who is not a Commonwealth
citizen, a British protected person or a citizen of the Republic of
Ireland;

"British protected person" means a person who is a
British protected person for the purposes of the British Nationality
Act ۱۹۴۸;

"prescribed" means prescribed by or under any Act of Parliament.


۲.
Any reference in this Chapter to the father of a person shall, in
relation to any person born out of wedlock other than a person
legitimated before ۳۰th November ۱۹۶۶, be construed as a reference to
the mother of that person.


۳. For the purposes of this
Chapter, a person born aboard a registered ship or aircraft, or aboard
an unregistered ship or aircraft of the government of any country,
shall be deemed to have been born in the palace in which the ship or
aircraft was registered or, as the case may be, in that country.


۴.
any reference in this Chapter to the national status of the father of a
person at the time of that person"s birth, shall, in relation to a
person born after the death of the father, be construed as a reference
to the national status of the father at the time of the father"s death;
and where that death occurred before ۳۰th November ۱۹۶۶ and the birth
occurred after ۲۹th November ۱۹۶۶ the national status that the father
would have had if he had died on ۳۰th November ۱۹۶۶ shall be deemed to
be his national status at the time of his death




CHAPTER III

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL


۱۱: Fundamental rights and freedoms of the individual


Whereas
every person in Barbados is entitled to the fundamental rights and
freedoms of the individual, that is to say, the right, whatever his
race, place of origin, political opinions, color, creed or sex, but
subject to respect for the rights and freedoms of others and for the
public interest, to each and all of the following, namely -


a. life, liberty and security of the person;


b. protection for the privacy of his home and other property and from deprivation of property without compensation;


c. the protection of the law; and


d. freedom of conscience, of expression and of assembly and association,

the
following provisions of this Chapter shall have effect for the purpose
of affording protection to those rights and freedoms subject to such
limitations of that protection as are contained in those provisions,
being limitations designed to ensure that the enjoyment of the said
rights and freedoms by any individual does not prejudice the rights and
freedoms of others or the public interest.


۱۲: Protection of right to life


۱.
No person shall be deprived of his life intentionally save in execution
of the sentence of a court in respect of a criminal offense under the
law of Barbados of which he has been convicted.


۲. A
person shall not be regarded as having been deprived of his life in
contravention of this section if he dies as the result of the use, to
such extent and in such circumstances as re permitted by law, of such
force as is reasonably justifiable -


a. for the defence of any person from violence or for the defence of property;


b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;


c.
in order lawfully to prevent the commission by that person of a
criminal offense, or if he dies as the result of a lawful act of war.


۱۳: Protection of right to personal liberty


۱.
No person shall be deprived of his personal liberty save as may be
authorized by law in any of the following cases, that is to say -


a.
in consequence of his unfitness to plead to a criminal charge or in
execution of the sentence or order of a court, whether established for
Barbados or some other country, in respect of a criminal offense of
which he has been convicted;


b. in execution of an order
of the High Court or the Court of Appeal or such other court as may be
prescribed by Parliament punishing him for contempt of any such court
or of another court or tribunal;


c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;


d. for the purpose of bringing him before a court in execution of the order of a court;


e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;


f.
in the case of a person who has not attained the age of twenty-one
years, under the order of a court or with the consent of his parent or
guardian, for the purpose of his education or welfare;


g. for the purpose of preventing the spread of an infectious or contagious disease;


h.
in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;


i.
for the purpose of preventing the unlawful entry of that person into
Barbados, or for the purpose of effecting the expulsion, extradition or
other lawful removal of that person from Barbados or for the purpose of
restricting that person while he is being conveyed through Barbados in
the course of his extradition or removal as a convicted prisoner form
one country to another; or


j. to such extent as may be
necessary in the execution of a lawful order requiring that person to
remain within a specified area within Barbados or prohibiting him from
being within such an area, or to such extent as may be reasonably
justifiable for the taking of proceedings against that person with a
view to the making of any such order or relating to such an order after
it has been made or to such extent as may be reasonably justifiable for
restraining that person during any visit that he is permitted to make
to any part of Barbados in which, in consequence of any such order, his
presence would otherwise be unlawful.


۲. Any person who is
arrested or detained shall be informed as soon as reasonably
practicable, in a language that he understands, of the reasons for his
arrest or detention and shall be permitted, at his own expense, to
retain and instruct without delay a legal adviser of his own choice,
being a person entitled to practice in Barbados as a barrister or
solicitor, and to hold private communication with him; and in the case
of a person who has not attained the age of sixteen years he shall also
be afforded a reasonable opportunity for communication with his parent
or guardian.


۳. Any person who is arrested or detained -


a. for the purpose of bringing him before a court in execution of the order of a court; or


b.
upon reasonable suspicion of his having committed or being about to
commit a criminal offense and who is not released, shall be brought
before a court as soon as is reasonably practicable; and if any person
arrested or detained upon reasonable suspicion of his having committed
or being about to commit a criminal offense is not tried within a
reasonable time, then, without prejudice to any further proceedings
which may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular
such conditions as are reasonably necessary to ensure that he appears
at a later date for trial or for proceedings preliminary to trial.


۴.
Any person who is unlawfully arrested or detained by any other person
shall be entitled to compensation therefor from that other person.


۵.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of the foregoing
provisions of this section to the extent that the law in question
authorizes the taking during a period of public emergency of measures
that are reasonably justifiable for the purpose of dealing with the
situation that exists during that period of public emergency.


۶.
Where a person is detained by virtue of such a law as is referred to in
subsection (۵), the following provisions shall apply -


a.
he shall, as soon as reasonably practicable and in any case not more
than five days after the commencement of his detention, be furnished
with a statement in writing, in a language that he understands, of the
grounds upon which he is detained;


b. not more that
fourteen days after the commencement of his detention, a notification
shall be published in the Gazette stating that he has been detained and
giving particulars of the provision of law under which his detention is
authorized;


c. he may from time to time request that his
case be reviewed under paragraph (d) but, where he has made such a
request, no subsequent request shall be made before the expiration of
three months from the making of the previous request;


d.
where a request is made under paragraph (c), the case shall, within one
month of the making of the request, be reviewed by an independent and
impartial tribunal established by law and presided over by a person
appointed by the Chief Justice from among persons entitled to practice
in Barbados as barristers or solicitors; and


e. he shall
be afforded reasonable facilities to consult and instruct, at his own
expense, a legal adviser of his own choice, being a person entitled to
practice as aforesaid, and he and any such legal adviser shall be
permitted to make written or oral representations or both to the
tribunal appointed for the review of his case.


۷. On any
review by a tribunal in pursuance of subsection (۶) of the case of any
detained person, the tribunal may make recommendations concerning the
necessity or expediency of continuing his detention to the authority by
whom it was ordered, but, unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with any such
recommendations.


۸. When any person is detained by virtue
of such a law as is referred to in subsection (۵) the Prime Minister or
a Minister authorized by him shall, not more than thirty days after the
commencement of the detention and thereafter not more than thirty days
after the making of the previous report, make a report to each House
stating the number of persons detained as aforesaid and the number of
cases in which the authority that ordered the detention has not acted
in accordance with the recommendations of a tribunal appointed in
pursuance of subsection (۶):

Provided that in reckoning any
period of thirty days for the purposes of this subsection no account
shall be taken of any period during which Parliament stands prorogued
or dissolved.


۱۴: Protection from slavery and forced labour


۱. No person shall be held in slavery or servitude.

۲. No person shall be required to perform forced labour.

۳. For the purposes of this section, the expression "forced labour" does not include -

a. any labour required in consequence of the sentence or order of a court;


b.
any labour required of any person while he is lawfully detained that,
though not required in consequence of the sentence or order of a court,
is reasonably necessary in the interests of hygiene or for the
maintenance of the palace at which he is detained;


c. any
labour required of a member of a disciplined force in pursuance of his
duties as such or, in the case of a person who has conscientious
objections to service as a member of a naval, military or air force,
any labour that person is required by law to perform in place of such
service; or


d. any labour required during any period when
Barbados is at war or in the event of any hurricane, earthquake, flood,
fire or other like calamity that threatens the life or well-being of
the community, to the extent that the requiring of such labour is
reasonably justifiable, in the circumstances of any situation arising
or existing during that period or as a result of that calamity, for the
purpose of dealing with that situation.


۱۵: Protection from inhuman treatment


۱. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.


۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question authorizes the infliction of any
punishment or the administration of any treatment that was lawful in
Barbados immediately before ۳۰th November ۱۹۶۶.


۱۶: Protection from deprivation of property


۱.
No property of any description shall be compulsorily taken possession
of, and no interest in or right over property of any description shall
be compulsorily acquired, except by or under the authority of a written
law and where provision applying to that acquisition or taking of
possession is made by a written law -


a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and


b.
giving to any person claiming such compensation a right or access,
either directly or by way of appeal, for the determination of his
interest in or right over the property and the amount of compensation,
to the High Court.


۲. Nothing contained in or done under
the authority of any law shall be held to be inconsistent with or in
contravention of this section -


a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -


i. in satisfaction of any tax, duty, rate, ceases or other impost;


ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;


iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;


iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;


v.
in circumstances where it is reasonably necessity so to do because the
property is in a dangerous state o injurious to the health of human
beings, animals or plants;


vi. in consequence of any law with respect to the limitation of actions; or


vii.
for so long only as may be necessary for the purposes of any
examination, investigation, trial or inquiry or, in the case of land,
for the purposes of the carrying out thereon of work of soil
conservation or the conservation of other natural resources o work
relating to agricultural development or improvement; or


b. to the extent that the law in question makes provision for the taking of possession or acquisition of -


i. enemy property;


ii.
property of a deceased person, a person of unsound mind or a person who
has not attained the age of twenty-one years, for the purpose of its
administration for the benefit of the persons entitled to the
beneficial interest therein;


iii. property of a person
adjudged insolvent or a body corporate in liquidation, for the purpose
of its administration for the benefit of the creditors of the insolvent
person or body corporate and, subject thereto, for the benefit of other
persons entitled to the beneficial interest in the property; or


iv.
property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the trust
or by a court or, by order of a court, for the purpose of giving effect
to the trust.


۳. Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question
makes provision for the orderly marketing or production or growth or
extraction of any agricultural product or mineral or any article or
thing prepared for market or manufactured therefor or for the
reasonable restriction of the use of any property in the interest of
safeguarding the interests of others or the protection of tenants,
licensees or others having rights in or over such property.


۴.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision of the compulsory
taking possession in the public interest of any property, or the
compulsory acquisition in the public interest of any interest in or
right over property, where that property, interest or right is held by
a body corporate established directly by law for public purposes in
which no monies have been invested other than monies provided by
parliament or by any Legislature established for the former Colony of
Barbados.


۱۷: Protection against arbitrary search or entry


۱.
Except with his own consent, no person shall be subjected to the search
of his person or his property or the entry by others on his premises.


۲.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision that is reasonably
required -


a. in the interests of defence, public safety,
public order, public morality, public health, town or country planning
the development or utilization of mineral resources, or the development
or utilization of any other property in such manner as to promote the
public benefit;


b. for the purposes of protecting the rights or freedoms of other persons;


c.
for the purposes of authorizing an officer or agent of the Government,
or of a local government authority or of a body corporate established
directly by law for public purposes to enter on the premises of any
person in order to inspect those premises or anything thereon for the
purposes of any tax, duty, rate, ceases or other impost or in order to
carry out work connected with any property that is lawfully on those
premises and that belongs to the Government or that authority or body
corporate, as the case may be;


d. for the purposes of
authorizing the entry upon any premises in pursuance of an order of a
court for the purpose of enforcing the judgment or order of a court in
any proceedings; or


e. for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.


۱۸: Provisions to secure protection of law


۱.
If any person is charged with a criminal offense, then, unless the
charge is withdrawn, the case shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by
law.


۲. Every person who is charged with a criminal offense -


a. shall be presumed to be innocent until he is proved or has pleaded guilty;


b.
shall be informed as soon as reasonably practicable, in a language that
he understands and in detail, of the nature of the offense charged;


c. shall be given adequate time and facilities for the preparation of his defence;


d. shall be permitted to defend himself before the court in person or by a legal representative of his own choice;


e.
shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court
and to obtain the attendance and carry out the examination of witnesses
to testify on his behalf before the court on the same conditions as
those applying to witnesses called by the prosecution; and


f.
shall be permitted to have without payment the assistance of an
interpreter if he cannot understand the language used at the trial of
the charge and, except with his consent, the trial shall not take place
in his absence unless he so conducts himself as to render the
proceedings in his presence impracticable and the court has ordered the
trial to proceed in his absence.


۳. When a person is tried
for any criminal offense, the accursed person or any person authorized
by him in that behalf shall, if he so requires and subject to payment
of such reasonable fee as may be prescribed by law, be given within a
reasonable time after judgment a copy for the use of the accused person
of any record of the proceedings made by or on behalf of the court.


۴.
No person shall be held to be guilty of a criminal offense on account
of any act or omission that did not, at the time it took place,
constitute such an offense, and no penalty shall be imposed for any
criminal offense that is more severe in degree or nature than the most
severe penalty that might have been imposed for that offense at the
time when it was committed.


۵. No person who shows that he
has been tried by a competent court for a criminal offense and either
convicted or acquitted shall again be tried for that offense or for any
other criminal offense, save upon the order of a superior court in the
course of appeal proceedings relating to the conviction or acquittal.


۶. No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.


۷. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.


۸.
Any court or other tribunal prescribed by law for the determination of
the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where
proceedings for such a determination are instituted by any person
before such court or other tribunal, the case shall be given a fair
hearing within a reasonable time.


۹. Except with the
agreement of all the parties thereto, all proceedings of every court
and proceedings for the determination of the existence or extent of any
civil right or obligation before any other tribunal, including the
announcement of the decision of the court or other tribunal, shall be
held in public.


۱۰. Nothing in subsection (۹) shall
prevent the court or other tribunal from excluding from the proceedings
persons other than the parties thereto and their legal representatives
to such extent as the court or other tribunal -


a. may by
law be empowered so to do and may consider necessary or expedient in
circumstances where publicity would prejudice the interests of justice
or in interlocutory proceedings or in the interests of decency, public
morality, the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the
proceedings; or


b. may by law be empowered or required so to do in the interests of defence, public safety or public order.


۱۱. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of -


a.
subsection (۲)(a) to the extent that the law in question imposes upon
any person charged with a criminal offense the burden of proving
particular facts;


b. subsection (۲)(e) to the extent that
the law in question imposes conditions that must be satisfied if
witnesses called to testify on behalf of an accused person are to be
aid their expenses out of public funds; or


c. subsection
(۵) to the extent that the law in question authorizes a court to try a
member of a disciplined force for a criminal offense notwithstanding
any trial and conviction or acquittal of that member under the
disciplinary law of that force, so, however, that any court so trying
such a member and convicting him shall in sentencing him to any
punishment, take into account any punishment awarded him under that
disciplinary law.


۱۲. Nothing contained in subsection (۲) (d) shall be construed as entitling a person to legal representation at public expense.


۱۹: Protection of freedom of conscience


۱.
Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of conscience and for the purpose of this
section the said freedom includes freedom of thought and of religion,
freedom to change his religion or belief and freedom, either alone or
in community with others, and both in public and in private, to
manifest and propagate his religion or belief in worship, teaching,
practice and observance.


۲. Every religious community
shall be entitled, at its own expense, to establish and maintain places
of education and to manage any place of education which it wholly
maintains.


۳. No religious community shall be prevented
from providing religious instruction for persons of that community in
the course of any education provided by that community whether or not
that community is in receipt of any government subsidy, grant or other
form of financial assistance designed to meet, in whole or in part, the
cost of such course of education.


۴. Except with his own
consent (or, if he is a person who has not attained the age of
twenty-one years, the consent of his guardian), no person attending any
place of education shall be enquired to receive religious instruction
or to take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion which is
not his own.


۵. No person shall be compelled to take any
oath which is contrary to his religion or belief or to take any oath in
a manner which is contrary to his religion or belief.


۶.
Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision -


a. which is reasonably required -


i. in the interests of defence, public safety, public order, public morality or public health; or


ii.
for he purpose of protecting the rights and freedoms of other per۵sons,
including the right to observe and practice any religion without the
unsolicited of members of any other religion; or


b. with
respect to standards or qualifications to be required in relation to
places of education including any instruction (not being religious
instruction) given at such places.


۷. References in this
section to a religion shall be construed as including references to a
religious denomination, and cognate expressions shall be construed
accordingly.


۲۰: Protection of freedom of expression


۱.
Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of expression, and for the purposes of this
section the said freedom includes the freedom to hold opinions without
interference, freedom to receive ideas and information without
interference, freedom to communicate ideas and information without
interference and freedom from interference with his correspondence or
other means of communication.


۲. Nothing contained in or
done under the authority of any law shall be held to be inconsistent
with or in contravention of this section to the extent that the law in
question makes provision -


a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or


b.
that is reasonably required for the purpose of protecting the
reputations, rights and freedoms of other persons or the private lives
of persons concerned in legal proceedings, preventing the disclosure of
information received in confidence, maintaining the authority and
independence of the courts or regulating the administration or
technical operation of telephony, telegraphy, posts, wireless
broadcasting, television or other means of communication or regulating
public exhibitions or public entertainment’s; or


c. that imposes restrictions upon public officers or members of a disciplined force.


۲۱: Protection of freedom of assembly and association


۱.
Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of assembly and association, that is to say,
his right to assemble freely and associate with other persons and in
particular to form or belong to political parties or to form or belong
to trade unions or other associations for the protection of his
interests.


۲. Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question
makes provision -


a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or


b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or


c. that imposes restrictions upon public officers or members of a disciplined force.


۲۲: Protection of freedom of movement


۱.
No person shall be deprived of his freedom of movement, that is to say,
the right to move freely throughout Barbados, the right to reside in
any part of Barbados, the right to enter Barbados, the right to leave
Barbados and immunity from expulsion from Barbados.


۲. Any
restriction on a person"s freedom of movement that is involved in his
lawful detention shall not be held to be inconsistent with or in
contravention of this section.


۳. Nothing contained in or
done under the authority of any law shall be held to be inconsistence
with or in contravention of this section to the extent that the law in
question makes provision -


a. for the imposition of
restrictions on the movement or residence within Barbados of any person
or on any person s right to leave Barbados that are reasonably required
in the interests of defence, public safety or public order;


b.
for the imposition of restrictions on the movement or residence within
Barbados or on the right to leave Barbados of persons generally or any
class of persons that are reasonably required in the interests of
defence, public safety, public order, public morality or public health;



c. for the imposition of restrictions on the movement or
residence within Barbados of any person who is not a citizen thereof or
the exclusion or expulsion from Barbados of any such person;


d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;


e.
for the imposition of restrictions, by order of a court, on the
movement or residence within Barbados of any person or on any person"s
right to leave Barbados either in consequence of this having been found
guilty of a criminal offense under the law of Barbados or for the
purpose of ensuring that he appears before a court at a later date for
trial for such a criminal offense or for proceedings preliminary to
trial or for preceding relating to his extradition or lawful removal
from Barbados;


f. for the imposition of restrictions upon
the movement or residence within Barbados or on the right to leave
Barbados of public officers or members of a disciplined force;


g. for the removal of persons from Barbados -


i. to be tried or punished in some other country for a criminal offense under the law of that country;


ii.
to undergo imprisonment in some other country in execution of the
sentence of a court in respect of a criminal offense under the law of
Barbados of which he has been convicted;


iii. to be
detained in an institution in some other country for the purpose of
giving effect to the order of a court made in pursuance of a law of
Barbados relating to the treatment of offenders under a specified age;
or


iv. to be detained for care or treatment in a hospital
or other institution in pursuance of a law of Barbados relating yo
persons suffering from defect or disease of the mind; or


h.
for the imposition of restrictions on the right of any person to leave
Barbados that are reasonably required in order to secure the
fulfillment of any obligations imposed on that person by law.



۴.
Where a person"s freedom of movement is restricted by virtue of such a
provision as is referred to in subsection (۳)(a), the following
provisions shall apply -


a. he shall, as soon as
reasonably practicable and in any case not more than five days after
the Commencement of the restriction, be furnished with a statement in
writing, in a language that he understands, of the grounds upon which
the restriction has been imposed;


b. not more than
fourteen days after the commencement of the restriction, a notification
shall be published in the Gazette stating that his freedom of movement
has been restricted and giving particulars of the provision of law
under which the restriction is authorized;


c. he may from
time to time request that his case be reviewed under paragraph (d) but,
where he has made such a request, no subsequent request shall be made
before the expiration of three months from the making of the previous
request;


d. where a request is made under paragraph (c),
the case shall, within one month of the making of the request, be
reviewed by an independent and impartial tribunal established by law
and presided over by a person appointed by the Chief Justice from among
persons entitled to practice in Barbados as barristers or solicitors;
and


e. he shall be afforded reasonable facilities to
consult and instruct, at his own expense, a legal adviser of his own
choice, being a person entitled to practice as aforesaid, and he and
any such legal adviser shall be parted to make written or oral
representations or both to the tribunal appointed for the review of his
case.


۵. On any review by a tribunal in pursuance of
subsection (۴) of the case of any person whose freedom of movement has
been restricted the tribunal may make recommendations concerning the
necessity of expediency of continuing that restriction to the authority
by whom it was ordered, but, unless it is otherwise provided by law,
that authority by whom it was ordered, but, unless, it is otherwise
provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.


۲۳: Protection from discrimination on ground of race, etc.


۱. Subject to the provisions of this section


a. no law shall make any provision that is discriminatory either of itself or in its effect; and


b.
no person shall be treated in a discriminatory manner by any person
acting by virtue of any written law or in the performance of the
functions of any public office or any public authority.


۲.
In this section the expression "discriminatory" means affording
different treatment to different persons attributable wholly or mainly
to their respective descriptions by race, place of origin, political
opinions, colour or creed whereby persons of one such description are
subjected to disabilities or restrictions to which person of another
such description are not made subject or are accorded privileges or
advantages which are not afforded to persons of another such
description.

۳. Subsection (۱)(a) shall not apply to any law so far as that law makes provision -


a. with respect to persons who are not citizens of Barbados;


b. with respect to adoption, marriage, divorce .....dissolution of property on death or other matters of personal law;


c.
whereby person of any such description as is mentioned in subsection
(۲) may be subjected to any disability or restriction or may be
accorded any privilege or advantage which, having regard to its nature
and to special circumstances pertaining to those persons or to persons
of any other such description, is reasonably justifiable;


d.
for authorizing the taking during a period of public emergency of
measures that are reasonably justifiable for the purpose of dealing
with the situation that exists during that period of public emergency;
or


e. for the imposition of taxation or appropriation of
revenue by the Government or by any local government authority for
local purposes.


۴. Nothing contained in any law shall be
held to be inconsistent with or in contravention of subsection (۱)(a)
to the extent that it makes provision with respect to standards or
qualifications (not being standards or qualifications specifically
relating to race, place of origin, political opinion, colour or creed)
to be required of any person who is appointed to any office in the
public service, any office in a disciplined force, or any office in the
service of a local government authority or of a body corporate
established by any law for public purposes.


۵. Subsection
(۱)(b) shall not apply to anything which is expressly or by necessary
implication authorized to be done by any such provision of law as is
referred to in subsection (۳) or (۴).


۶. Nothing contained
in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent
that the law in question makes provision whereby persons of any such
description as is mentioned in subsection (۲) may be subjected to any
restriction on the rights and freedoms guaranteed by sections ۱۷, ۱۹,
۲۰, ۲۱ and ۲۲, being such a restriction as is authorized by subsection
(۲) of section ۱۷, subsection (۶) of section ۱۹, subsection (۲) of
section ۲۰, subsection (۲) of section ۲۱, or subsection (۳) of section
۲۲, as the case may be.


۷. Subsection (۱) (b) shall not
affect any discretion relating to the institution, conduct or
discontinuance of civil or criminal proceedings in any court that is
vested in any person by this Constitution or any other law.


۲۴: Enforcement of protective provisions


۱.
Subject to the provisions of subsection (۶), if any person alleges that
any of the provisions of sections ۱۲ to ۲۳, is being or is likely to be
contravened in relation to him (or, in the case of a person who is
detained, if any other person alleges such a contravention in relation
to the detained person), then, without prejudice to any other action
with respect to the same matter which is lawfully available, that
person (or that other person) may apply to the High Court for redress.


۲. The High Court shall have original jurisdiction -


a. to hear and determine any application made by any person in pursuance of subsection (۲); and


b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (۳).

and
may make such orders, issue such writs and give such directions as it
may consider appropriate for the purpose of enforcing or securing the
enforcement of any of the provisions of sections ۱۲ to ۲۳:

Provided
that the High Court shall not exercise its powers under this subsection
if it is satisfied that adequate means of redress are or have been
available to the person concerned under any other law.


۳.
If in any proceedings in any court subordinate to the High Court any
question arises as to the contravention of any of the provisions of
sections ۱۲ to ۲۳, the person presiding in that court shall refer the
question to the High Court unless, in his opinion, the raising of the
question is merely frivolous or vexatious.


۴. Where any
question is referred to the High Court pursuance of subsection (۳), the
High Court shall give its decision upon the question and the court in
which the question arose shall dispose of the case in accordance with
that decision or, if that decision is the subject of an appeal under
this Constitution to the Court of Appeal or to Her Majesty in Council,
in accordance with the decision of the Court of Appeal or, as the case
may be, of Her Majesty in Council.


۵. Parliament may
confer upon the High Court such powers in addition to those conferred
by this section as may appear to Parliament to be necessary or
desirable for the purpose of enabling the High Court more effectively
to exercise the jurisdiction conferred upon it by this section.


۶. Parliament may make provision with respect to the practice and procedure -


a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;


b.
of the High Court and the Court of Appeal in relation to appeals to the
Court of Appeal from decisions of the High Court in the exercise of
such jurisdiction; and


c. of subordinate courts in relation to references to the High Court under subsection (۳);

including
provision with respect to the time within which any application,
reference or appeal shall or may be made or brought; and, subject to
any provision so made, provision may be made with respect to the
matters aforesaid by rules of court.


۷. In this section "the Court of Appeal" has the same meaning as it has in section ۸۷.

۲۵: Time of emergency


۱. In this Chapter "period of public emergency" means any period during which -


a. Barbados is engaged in any war; or


b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or


c.
there is in force a resolution of each House supported by the votes of
not less than two thirds of all the members of that House declaring
that democratic institutions in Barbados are threatened by subversion.


۲.
A proclamation made by the Governor General shall not be effective for
the purposes of subsection (۱) unless it is declared therein that the
Governor General is satisfied -


a. that a public emergency
has arisen as a result of the imminence of a state of war between
Barbados and another State or as a result of the occurrence of any
earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of
infectious disease or other calamity, whether similar to the foregoing
or not; or


b. that action has been taken or is immediately
threatened by any person of such a nature and on so extensive a scale
as to be likely to endanger the public safety or to deprive the
community, or any substantial portion of the community, of supplies or
services essential to life.


۳. A proclamation made by the
Governor General for the purposes of this section shall, unless
previously revoked, remain in force for one month or for such longer
period, not exceeding six months, as the House of Assembly may
determine by a resolution supported by the votes of a majority of all
the members of that House;

Provided that any such proclamation
may be extended from time to time for a further period not exceeding
six months by resolution passed in like manner and may be revoked at
any time by resolution supported by the votes of a majority of all the
members of the House of Assembly.


۴. A resolution passed
by a House for the purposes of subsection (۱)(c) may be revoked at any
time by a resolution of that House supported by the votes of a majority
of all the members thereof.


۲۶: Saving of existing law


۱.
Nothing contained in or done under the authority of any written law
shall be held to be inconsistent with or in contravention of any
provision of sections ۱۲ to ۲۳ to the extent that the law in question -



a. is a law (in this section referred to as "an existing
law") that was enacted or made before ۳۰th November ۱۹۶۶ and has
continued to be part of the law of Barbados at all times since that
day;


b. repeals and re-enacts an existing law without alteration; or


c.
alters an existing law and does not thereby render that law
inconsistent with any provision of sections ۱۲ to ۲۳ in a manner in
which, or to an extent to which, it was not previously so inconsistent.



۲. In subsection (۱)(c) the reference to altering and
existing law includes references to repealing it and re-enacting it
with modifications or making different provisions in lieu thereof, and
to modifying it; and in subsection (۱) "written law" includes any
instrument having the force of law and in this subsection and
subsection (۱) references to the repeal and re-enactment of an existing
law shall be construed accordingly.


۲۷: Interpretation


۱. In this chapter -

"contravention", in relation to any requirement, includes a failure to comply with that requirement;


"court"
means any court of law having jurisdiction in Barbados other that a
court established by a disciplinary law, and includes Her Majesty in
Council and -


a. in section ۱۲, section ۱۳, section ۱۴,
subsections (۲), (۳), (۵), (۸), (۹) and (۱۰) of section ۱۸, section ۲۲
and subsection (۷) of section ۲۳ includes, in relation to an offense
against a disciplinary law, a court established by such a law; and


b.
in section ۱۳, section ۱۴ and subsection (۷) of section ۲۳ includes, in
relation to an offense against a disciplinary law, any person or
authority empowered to exercise jurisdiction in respect of that
offense;


"disciplinary law" means a law regulating the discipline of any disciplined force;


"disciplined force" means -


a. a naval, military or air force;

b. a police force;

c. a prison service; or

d. a fire service;


"legal
representative", in relation to any court or other tribunal, means a
person entitled to practice as a barrister or solicitor before such
court or tribunal; and


"member", in relation to a
disciplined force, includes any person who, under the law regulating
the discipline of that force, is subject to that discipline.


۲.
References in sections ۱۲, ۱۳, ۱۷ and ۲۲ to a criminal offense shall be
construed as including references to an offense against a disciplinary
law, and such references in subsections (۲) to (۷) and (۱۱)(a) of
section ۱۸ shall, in relation to proceedings before a court established
by a disciplinary law, be similarly construed.


۳. In
relation to any person who is a member of a disciplined force raised
under the law of any country other than Barbados and lawfully present
in Barbados, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or
in contravention of any provision of sections ۱۲ to ۲۳.



CHAPTER IV

THE GOVERNOR GENERAL


۲۸: Establishment of office of Governor General


There
shall be a Governor General of Barbados who shall be appointed by Her
Majesty and shall hold office during Her Majesty"s pleasure and who
shall be Her Majesty"s representative in Barbados.


۲۹: Acting Governor General


۱.
Whenever the office of Governor General is vacant or the holder of the
office is absent from Barbados or is for any other reason unable to
perform the functions of his office, those functions shall be performed
-


a. by any person for the time being designated by Her
Majesty in that behalf who is in Barbados and able to perform those
functions; or


b. at any time when there is no person in
Barbados so designated and able to perform those functions, by the
holder of the office of Chief Justice; or


c. at any time
referred to in paragraph (b) when the office of Chief Justice is vacant
or the holder thereof is absent from Barbados or is for any other
reason unable to perform those functions, by the President of the
Senate.


۲. The holder of the office of Governor General or
any person designated under paragraph (۲) or by paragraph (b) of
subsection (۱) shall not, for the purposes of this section, be regarded
as absent from Barbados or as unable to perform the functions of the
office of Governor General at any time when there is a subsisting
appointment of a deputy under section ۳۰.


۳۰: Deputy to Governor General


۱. Whenever the Governor General -


a. has occasion to be absent from Barbados for a period which he has reason to believe will be of short duration; or


b.
is suffering from an illness that he has reason to believe will be of
short duration, he may, acting in accordance with the advice of the
Prime Minister, by instrument under the Public Seal, appoint any person
in Barbados to be his deputy during such absence or illness and in that
capacity to perform on his behalf such of the functions of the office
of Governor General as may be specified in that instrument.


۲.
The power and authority of the Governor General shall not be abridged,
altered or in any way affected by the appointment of a deputy under
this section, and in the exercise of any function that is exercisable
by he Governor General acting in his discretion or after consultation
with any person or authority a deputy shall conform to and observe any
instructions that the Governor General, acting in like manner, may
address to him;

Provided that the question whether or not a
deputy has conformed to observed any such instructions shall not be
enquired into in any court.


۳. A person appointed as a
deputy under this section shall that appointment for such period as may
be specified in the instrument by which he is appointed and his
appointment may be revoked at any time by the Governor General acting
in accordance with the advice of the Prime Minister.


۳۱: Personal staff of Governor - General


۱.
Parliament may prescribe the offices that are to constitute the
personal staff of the Governor - General, the salaries and allowances
that are to be paid to the members of the staff and the other sums that
are to be paid in respect of the expenditure attaching to the office of
Governor - General.


۲. Any salaries or other sums
prescribed under subsection (۱) are hereby charged on and shall be paid
out of the Consolidated Fund.


۳. Subject to the provisions
of subsection (۴), power to make appointments to the offices for the
time being prescribed under subsection (۱) as offices that are to
constitute the personal staff of the Governor - General, and to remove
and to exercise disciplinary control over persons holding or acting in
any such office, is hereby vested in the Governor - General acting in
his discretion.


۴. The Governor - General, acting in his
discretion, may appoint to any of the offices prescribed under
subsection (۱) such public officers as he may select from a list
submitted by the Public Service Commission, but -


a. the
provisions of subsection (۳) shall apply in relation to an officer so
appointed as respects his service on the personal staff of the Governor
- General but not as respects his service as a public officer;


b.
an officer so appointed shall not, during his continuance on the
personal staff of the Governor - General, perform the functions of any
public office; and


c. an officer so appointed may at any
time be appointed by the Governor - General, if the Public Service
Commission so recommend to assume or resume the functions of a public
office and he shall thereupon vacate his office on the personal staff
of the Governor - General, but the Governor - General may, in his
discretion, decline to release the officer for that appointment.


۵.
All offices prescribed under subsection (۱) as offices that are to
constitute the personal staff of the Governor - General shall, for the
purposes of Chapter Viii, be deemed to be public offices.


۳۲: Exercise of Governor - General"s functions


۱.
The Governor - General shall act in accordance with the advice of the
Cabinet or a Minister acting under the general authority of the Cabinet
in the exercise of his functions other than -


a. any
function which is expressed (in whatever terms) to be exercisable by
him on or in accordance with the recommendation or advice of, or with
the concurrence of, or after consultation with, any person or authority
other than the Cabinet; and


b. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.


۲.
Subsection (۱) shall not apply to the functions conferred upon the
Governor - General by the following provisions of this Constitution,
that it to say -


a. section ۶۶(۲) (which requires the
Governor - General to revoke the appointment of the Prime Minister in
certain circumstances);


b. the proviso to section ۶۱(۲) (which requires the Governor - General to dissolve Parliament in certain circumstances); and


c. section ۸۴(۴) (which requires the Governor - General to remove a Judge from office in certain circumstances).


۳.
Where the Governor - General is directed to exercise any function on
the recommendation of any person or authority, he shall exercise that
function in accordance with such recommendation:

Provided that -


a.
before he acts in accordance therewith, he may, in his discretion, once
refer that recommendation back for reconsideration by the person or
authority concerned; and


b. if that person or authority,
having reconsidered the original recommendation under paragraph (a),
substitutes therefor a recommendation under paragraph (a), substitutes
therefor a different recommendation, the provisions of this subsection
shall apply to that different recommendation as they apply to the
original recommendation.


۴. Where the Governor - General
is directed to exercise any function after consultation with any person
or authority he shall not be obliged to exercise that function in
accordance with the advice of that person or authority.


۵.
Where the Governor - General is directed to exercise any function in
accordance with the recommendation or advice of, or with the
concurrence of, or after consultation with, any person or authority,
the question whether he has so exercised that function shall not be
enquired into in any court.


۶. Where the Governor -
General is directed to exercise any function on the recommendation of
the Prime Minister after consultation with the Leader of the
Opposition, the following steps shall be taken: -


a. the
Prime Minister shall first consult the Leader of the Opposition and
thereafter tender his recommendation to the Governor - General;


b.
the Governor - General shall then inform the Leader of the Opposition
of that recommendation and if the Leader of the Opposition concurs
therein the Governor General shall act in accordance with the
recommendation;


c. if the Leader of the Opposition does
not concur in the recommendation the Governor General shall so inform
the Primer Minister and refer the recommendation back to him:


d. the Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice.


۷.
Any reference in this Constitution to the functions of the Governor
General shall be construed as a reference to this powers and duties in
the exercise of the executive authority of Barbados and to any other
powers and duties conferred or imposed on him as Governor General by or
under this Constitution or any other law.


۳۳: Public Seal


The Governor General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.


۳۴: Oaths to be taken by Governor General




CHAPTER V

PARLIAMENT

PART ۱ COMPOSITION OF PARLIAMENT


۳۵: Establishment of Parliament

There shall be a Parliament of Barbados, which shall consist of Her Majesty, a Senate and a House of Assembly.


۳۶: Senate


۱.
The Senate shall consist of twenty-one persons who, being qualified for
appointment as Senators in accordance with the provisions of this
Constitution, have been so appointed in accordance with the provisions
of this section.


۲. Twelve Senators shall be appointed by
the Governor General, acting in accordance with the advice of the Prime
Minister, by instrument under the Public Seal.


۳. Two
Senators shall be appointed by the Governor General, acting in
accordance with the advice of the Leader of the Opposition, by
instrument under the Public Seal.


۴. Seven Senators shall
be appointed by the Governor Genera, acting in his discretion, by
instrument under the Public Seal, to represent religious, economic or
social interests or such other interests as the Governor - General
considers ought to be represented:

Provided that before
appointing any person under this subsection the Governor General shall
consult such persons as, in his discretion, he considers can speak for
those interest and ought to be consulted.


۳۷: Qualifications for membership of Senate


Subject to the provisions of section ۳۸, any person who at the date of his appointment -


a. is a Commonwealth citizen of the age of twenty one years or upwards; and


b.
has been ordinarily resident in Barbados for the immediately preceding
twelve months, shall be qualified to be appointed as a Senator.


۳۸: Disqualifications for membership of Senate


۱. No person shall be qualified to be appointed as a Senator who -


a. is a member of the House of Assembly;


b. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;


c. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor - General;


d.
is under sentence of death imposed by a court in any part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding six months imposed on him by such a court or
substituted by competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of imprisonment the
execution of which has been suspended;


e. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;


f. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged; or


g.
is disqualified for membership of the House of Assembly by or under any
law in force in Barbados by reason of his having been convicted or
reported guilty of any corrupt or illegal practice at elections.


۲.
Without prejudice to the provisions of subsection (۱)(c), Parliament
may provide that, subject to such exceptions and limitations as
Parliament may prescribe, a person shall not be qualified to be
appointed as a Senator if -


i. he holds or is acting in
any office or appointment prescribed by Parliament either individually
or by reference to a class of office or appointment;


ii. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or


iii. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.


۳. For the purposes of subsection (۱)(d) -


a.
two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentences exceeds six months, but if any one of those sentences exceeds
that term they shall be regarded as one sentence; and


b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.


۳۹: Tenure of seats of Senators


۱. The seat of a Senator shall become vacant -


a. upon the next dissolution of Parliament after he has been appointed;


b. if, with his consent, he is nominated as a candidate for election to the House of Assembly;


c.
if he is absent from Barbados for a period exceeding forty days at any
time when the Senate is sitting, without the leave of the President
given in accordance with the provisions of subsection (۲);


d. if he ceases to be a Commonwealth citizen;


e.
subject to the provision of subsection (۳), if any circumstances arise
that, if he were not a Senator, would cause him to be disqualified for
appointment as such by virtue of paragraphs (b) to (g) of section ۳۸(۱)
or of any law enacted in pursuance of section ۳۸(۲);


f. in
the case of a Senator who was appointed as such in accordance with the
advice of the Prime Minister or in accordance with the advice of the
Leader of the Opposition, if the Governor-General, acting in accordance
with the advice of the Prime Minister or in accordance with the advice
of the Leader of the Opposition, as the case may be, by instrument
under the Public Seal, declares the seat of that Senator to be vacant.


۲.
The President of the Senate may grant leave to any Senator to be absent
from Barbados for any period not exceeding six months at any one time.


۳.

a.
If the circumstances such as are referred to in subsection (۱)(e) arise
because a Senator is under sentence of death or imprisonment, adjudged
to be of unsound mind, declared bankrupt or convicted or reported
guilty of a corrupt or illegal practice at elections and if it is open
to the Senator to appeal against the decision (either with the leave of
a court or other authority or without such leave), he shall forthwith
cease to perform his functions as a Senator but, subject to paragraph
(b), he shall not vacate his seat until the expiration of a period of
thirty days thereafter:

Provided that the President of the
Senate may, at the request of the said Senator, from time to time
extend that period for further periods of thirty days to enable the
Senator to pursue an appeal against the decision, so, however, that
extensions of time exceeding in the aggregate one hundred and fifty
days shall not be given without the approval, signified by resolution,
of the Senate.


b. If, on the determination of any appeal,
such circumstances continue to exist and no further appeal is open to
the Senator, or if, by reason of the expiration of any period for
entering an appeal or notice thereof or the refusal of leave to appeal
or for any other reason, it ceases to be open to the Senator to appeal,
he shall forthwith vacate his seat.


c. If at any time
before the Senator vacates his seat such circumstances as aforesaid
cease to exist, his seat shall not become vacant on the expiration of
the period referred to in paragraph (a) and he may resume the
performance of his functions as a Senator.


۴۰: President and Deputy President of Senate


۱.
When the Senate first meets after any dissolution of Parliament and
before it proceeds to the dispatch of any other business, it shall
elect a Senator, not being a Minister or Parliamentary Secretary, to be
President of the Senate; and whenever the office of President becomes
vacant for any reason other than a dissolution of Parliament, the
Senate shall, not later than its second sitting after the vacancy has
arisen, elect another Senator to fill that office.


۲. When
the Senate first meets after any dissolution of Parliament, it shall,
as soon as practicable, elect a Senator, not being a Minister or
Parliamentary Secretary, to be Deputy President of the Senate; and
whenever the office of Deputy President becomes vacant for any reason
other than a dissolution of Parliament, the Senate shall, as soon as
convenient, elect another Senator to fill that office.


۳. A person shall vacate the office of President or Deputy President of the Senate -


a.
if he announces the resignation of his office to the Senate or if, by
writing under his hand addressed, in the case of the President, to the
Clerk of the Senate or, in the case of the Deputy President, to the
President (or, if the office of President is vacant or the President is
absent from Barbados, to the Clerk), he resigns that office;


b. if he ceases to be a Senator:

Provided
that the President shall not vacate his office by reason only that he
has ceased to be a Senator on a dissolution o Parliament, until the
Senate first meets after such dissolution;


c. if he is appointed to be a Minister or Parliamentary Secretary;


d. if, by virtue of the provisions of section ۳۹(۳), he is required to cease to perform his functions as a Senator; or


e. in the case of the Deputy President, if he is elected to be President.


۴۱: House of Assembly


۱. The House of Assembly shall consist of twenty four members or such greater number of members as Parliament may prescribe.


۲.
The members of the House (who shall be known as "Members of
Parliament") shall be persons who, being qualified for election as such
in accordance with the provisions of this Constitution, have been so
elected in the manner provided by any law in force in Barbados.


۴۲: Electoral law


۱. Any law providing for the election of members of the House of Assembly shall -


a. contain provisions for the division of Barbados into constituences; and


b.
contain provisions designed to ensure that so far as is practicable any
person entitled to vote at an election of members of the House.


c.
contain provisions relating to the conduct of elections of members of
the House of Assembly, including provisions relating to the
identification of electors, designed to ensure that so far as is
practicable no person shall vote at an election of a member of the
House of Assembly -


i. who is not entitled to vote; or


ii. when he is not entitled to vote; or


iii. where he is not entitled to vote.


۲.
No election of a member of the House of Assembly shall be called in
question on the ground that the law under which that election was
conducted was inconsistent with this section.


۴۳: Qualifications for membership of the Assembly


Subject to the provisions of section ۴۴, any person who -


a. is a Commonwealth citizen of the age of twenty one years or upwards; and


b. has such connection with Barbados by residence therein as may be prescribed by Parliament,

shall be qualified to be elected as a member of the House of Assembly.


۴۴: Disqualifications for membership of the Assembly


۱. No person shall be qualified to be elected as a member of the House of Assembly who -


a. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;


b. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor General;


c. is a clerk in holy orders or other minister of religion;


d.
is under sentence of death imposed by a court in any part of the
Commonwealth or is serving a sentence of imprisonment (by whatever name
called) exceeding six months imposed on him by such a court or
substituted by competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of imprisonment the
execution of which has been suspended;


e. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;


f. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged;


g.
is disqualified for membership of the House of Assembly by or under any
law in force in Barbados by reason of his having been convicted or
reported guilty of any corrupt or illegal practice at elections;


h.
is disqualified for such membership by or under any such law by reason
of his having been convicted of making a false declaration of
qualification for election;


i. is disqualified for such
membership by or under any such law on any ground not mentioned in the
foregoing provisions of this subsection, being a ground for
disqualification for membership of the the House of Assembly by or
under any law, other than the Representation of the People Act ۱۹۵۷(a),
in force in Barbados immediately before ۳۰th November ۱۹۶۶.


۲.
Without prejudice to the provisions of subsection (۱)(b) and (c),
Parliament may provide that, subject to such exceptions and limitations
as Parliament may prescribe, a person shall not be qualified to be
elected as a member of the House of Assembly if -


a. he
holds or is acting in any office or appointment prescribed by
Parliament either individually or by reference to a class of office or
appointment;


b. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or


c. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.


۳. For the purposes of subsection (۱)(d)


a.
two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentences exceeds six months, but if any of those sentences exceeds
that term they shall be regarded as one sentence; and


b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.


۴۵: Tenure of seats of members of Assembly


۱. The seat of a member of the House of Assembly shall become vacant -


a. upon the next dissolution of Parliament after he has been appointed;


b.
if he resigns it in such manner as may be provided by any law in force
in Barbados or, subject to any such law, by the Standing Orders of the
House;


c. if he is absent from the sittings of the House
of Assembly for such period and in such circumstances as may be
provided by any law in force in Barbados or, subject to any such law,
by the Standing Orders of the House;


d. if he ceases to be a Commonwealth citizen;


e.
if the contravenes the provisions of section ۵۹ (relating to the taking
of the oath of allegiance) or any provision requiring him to make a
declaration of qualification for election before taking part in the
proceedings of the House of Assembly contained in any law in force in
Barbados;


f. subject to the provisions of subsection (۲),
if any circumstances arise that, if he were not a member of the House,
would cause him to be disqualified for election as such by virtue of
section ۴۴(۱) or any law enacted in pursuance of section ۴۴(۲).


۲.

a.
If circumstances such as are referred to in subsection (۱)(f) arise
because a member is under sentence of death or imprisonment, adjudged
to be of unsound mind, declared bankrupt or convicted or reported
guilty of a corrupt or illegal practice at elections or of making a
false declaration of qualification and if it is open to the member to
appeal against the decision (either with the leave of a court or other
authority or without such leave), he shall forthwith cease to perform
his functions as a member but, subject to paragraph (b), he shall not
vacate his seat until the expiration of a period of thirty days
thereafter:

Provided that the Speaker may, at the request of
the member, form time to time extend that period for further periods of
thirty days to enable the member to pursue an appeal against the
decision, so, however, that extensions of time exceeding in the
aggregate one hundred and fifty days shall not be given without the
approval, signified by resolution, of the House of Assembly.


b.
If, on the determination of any appeal, such circumstances continue to
exist and no further appeal is open to the member, or if, by reason of
the expiration of any period for entering an appeal or notice thereof
or the refusal of leave to appeal or for any other reason, it ceases to
be open to the member to appeal, he shall forthwith vacate his seat.


c.
If at any time before the member vacates his seat such circumstances as
aforesaid cease to exist, his seat shall not become vacant on the
expiration of the period referred to in paragraph (a) and he may resume
the performance of his functions as a member.


۴۶: Determination of questions of membership of Senate and Assembly


۱. Any question whether -


a. any person has been validly appointed as a Senator; or


b.
any person has vacated his seat as a Senator or is required under the
provisions of paragraph (a) of section ۳۹(۳) to cease to perform his
functions as a Senator,

shall be determined by the High Court, whose decision shall be final.


۲. Any question whether -


a. any person has been validly elected as a member of the House of assembly; or


b.
any person has vacated his seat as such a member or is required under
the provisions of paragraph (a) of section ۴۵(۲) to cease to perform
his functions as such a member, shall be determined by such authority
or authorities as may be prescribed by any law in force in Barbados.


۴۷: Filling of Casual Vacancies in Senate and Assembly


۱.
Whenever any person vacates his seat as a Senator for any reason other
than a dissolution of Parliament, the Governor General shall appoint a
person to fill the vacancy under the same provisions of section ۳۶ as
the person whose seat has become vacant was appointed.


۲.
Whenever any person vacates his seat as a ember of the House of
Assembly for any reason other than a dissolution of Parliament, the
Governor General shall issue a writ for the election of a member to
fill the vacancy returnable within ninety days from the occurrence of
the vacancy.



PART ۲ POWERS AND PROCEDURE OF PARLIAMENT ۴۸: Power to make laws

۱.
Subject to the provision of this Constitution, Parliament may make laws
for the peace, order and good government of Barbados.

۲.
Without prejudice to the generality of subsection (۱) and subject to
the provisions of subsection (۳), Parliament may by law determine the
privileges, immunities and powers of the Senate and the House of
Assembly and the members thereof.


۳. No process issued by
any court in the exercise of its civil jurisdiction shall be served or
executed within the precincts of the Senate or the House of Assembly
while it is sitting, or through the President or the Speaker, the Clerk
or any other officer of either House.


۴۹: Alteration of this Constitution


۱.
Subject to the provisions of this section, Parliament may, by an Act of
Parliament passed by both Houses, alter this Constitution.


۲.
Subject to the provision of subsection (۳), a Bill for an Act of
Parliament under this section that alters any of the following
provisions, that is to say -


a. this section and section ۱:


b. Chapter II;


c. Chapter III;


d. section ۲۸, ۳۲, ۳۵ to ۳۹, ۴۱, ۴۲, ۴۸, ۶۰(۲), ۶۱, ۶۲, ۶۳ and ۷۶ to ۷۹ (other than subsection (۷) of section ۷۹);


e. Chapter VII (other than section ۸۳);


f. Chapter VIII;


g. Chapter IX;


h. any provision of Chapter X in its application to any of the provisions specified in paragraphs (a) to (g),

shall
not be passed in either House unless at the final voting thereon in the
House it is supported by the votes of not less than two-thirds of all
the members of the House.


۳. Subsection (۲) shall not
apply to a Bill in so far as it alters any of the provisions specified
in that subsection for the purpose of giving effect to arrangements for
the federation or union of Barbados with any other part of the
Commonwealth of for the establishment of some other form of
constitutional association between Barbados and any other part of the
Commonwealth.


۴. A Bill for an Act of Parliament under
this section to which subsection (۲) does not apply shall not be passed
in either House unless at the final voting thereon in the House it is
supported by the votes of a majority of all the members of the House.


۵. In this section -


a.
references to this Constitution or to any particular provision thereof
include references to any other law in so far as that law alters the
Constitution or, as the case may be, that provision; and


b. references to altering this Constitution or any particular provision thereof include references -


i. to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;


ii.
to modifying it (whether by omitting, amending or overriding any of its
provisions or inserting additional provisions in it or otherwise); and


iii. to suspending its operation for any period or terminating any such suspension.


۶.
No Act of Parliament shall be construed as altering this Constitution
unless it is stated in the Act that it is an Act for that purpose.


۷.
Nothing in subsection (۲) shall be construed as including any of the
provisions of the First Schedule or the Second Schedule among the
provisions specified in that subsection.


۵۰: Regulation or procedure in Parliament


۱.
Subject to the provisions of this Constitution, each House may regulate
its own procedure and for this purpose may make Standing Orders.


۲.
Each House may act notwithstanding any vacancy in its membership and
the presence or participation of any person not entitled to be present
at or to participate in the proceedings of the House shall not
invalidate those proceedings.


۵۱: Presiding in Senate


۱.
The President or, in his absence, the Deputy President or, if they are
both absent, a member of the Senate (not being a Minster or a
Parliamentary Secretary) elected by the Senate for the sitting shall
preside at any sitting of the Senate.


۲. References in
this section to circumstances in which the President or Deputy
President is absent include references to circumstances in which the
office of President or Deputy President is vacant.


۵۲: Quorum of Senate


۱.
if at any time during a sitting of the Senate objection is taken by a
member that there is not a quorum present and, after such interval as
may be prescribed by the Standing Orders of the Senate, the person
presiding ascertains that there is still not a quorum present, he shall
thereupon adjourn the Senate.


۲. For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.


۳. For the purposes of this section a quorum of the Senate shall consist of eight Senators besides the person presiding.


۵۳: Voting in Senate


Save
as is otherwise provided in this Constitution, all questions proposed
for decision in the Senate shall be determined by a majority of the
votes of the members thereof present and voting;


Provided
that the person presiding shall not vote unless on any question the
votes are equally divided, in which case he shall have and exercise a
casting vote.


۵۴: Introduction of Bills, etc.


۱.
Subject to the provision of this Constitution and of the Standing
Orders of the Senate or the House of Assembly, as the case may be, any
member of either House may introduce any Bill or propose any motion for
debate in, or may present any petition to, that House, and the same
shall be debated and disposed of according to the Standing Orders of
that House.


۲. A Bill other than a Money Bill may be introduced in either House,


۳. Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not -


a.
proceed upon any Bill (including any amendment to a Bill) which, in the
opinion of the person presiding, makes provision for imposing or
increasing any tax, for imposing any charge on the Consolidated Fund or
any other public fund or altering any such charge otherwise than by
reducing it or for compounding or remitting any debt due to Barbados;
or


b. proceed upon any motion (including any amendment to
a motion) the effect of which, in the opinion of the person presiding,
is that provision shall be made for any of the purposes aforesaid.


۴. The Senate shall not -


a.
proceed upon any Bill, other than a Bill sent from the House of
Assembly, or any amendment to a Bill which, in the opinion of the
person presiding, makes provision for imposing or increasing any tax,
for imposing any charge on the Consolidated Fund or any other public
fund or altering any such charge otherwise than by reducing it or for
compounding or remitting any debt due to Barbados; or


b.
proceed upon any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding, is that
provision shall be made for any of the purposes aforesaid.


۵۵: Restriction on powers of Senate as to Money Bills


۱.
Subject to the provisions of this Constitution, if a Money Bill, having
been passed by the House of Assembly and sent to the Senate at least
one month before the end of the session, is not passed by the Senate
without amendment within one month after it is sent to that House, the
Bill shall, unless the House of Assembly otherwise resolves, be
presented to the Governor General for his assent notwithstanding that
the Senate has not consented to the Bill.


۲. There shall
be endorsed on every Money Bill when it is sent to the Senate the
certificate of the Speaker signed by him that it is a Money Bill; and
there shall be endorsed on any Money Bill that is presented to the
Governor General for assent in pursuance of subsection (۱) the
certificate of the Speaker signed by him that it is a Money Bill and
that the provisions of that subsection have been complied with.


۵۶: Restrictions on powers of Senate as to Bills other than Money Bills


۱.
If any Bill other than a Money Bill is passed by the House of Assembly
in two successive sessions (whether or not Parliament is dissolved
between those sessions) and, having been sent to the Senate in each of
those sessions at least one month before the end of the session, is
rejected by the Senate in each of those sessions, that Bill shall, on
its rejection for the second time by the Senate, unless the House of
Assembly otherwise resolves, be presented to the Governor General for
assent notwithstanding that the Senate has not consented to the Bill:

Provided
that the foregoing provisions f this subsection shall not have effect
unless at least seven months have elapsed between the date on which the
Bill is passed by the House of Assembly in the first session and the
date on which it is passed by the House of Assembly in the second
session.


۲. For the purposes of this section a Bill that
is sent to the Senate from the House of Assembly in any session shall
be deemed to be the same Bill as a former Bill sent to the Senate in
the preceding session if, when it is sent to the Senate, it is
identical with the former Bill or contains only such alterations as are
certified by the Speaker to be necessary owing to the time that ha
elapsed since the date of the former Bill or to represent any
amendments which have been made by the Senate in the former Bill in the
preceding session.


۳. The House of Assembly may, if it
thinks fit, on the passage through the House of a Bill that is deemed
to be the same Bill as a former Bill sent to the Senate in the
preceding session, suggest any amendments in the Bill, and any such
amendments shall be considered by the Senate, and, if agreed to by the
Senate, shall be treated as amendments made by the Senate and agreed to
by the House of Assembly, but the exercise of this power by the House
of Assembly shall not affect the operation of this section in the event
of the rejection of the Bill in the Senate.


۴. There shall
be inserted in any Bill that is present to the Governor General for
assent in pursuance of this section any amendment that are certified by
the Speaker to have been made in the Bill by the Senate in the second
session and agreed to by the Assembly.


۵. There shall be
endorsed on any Bill that is presented to the Governor General for
assent in pursuance of this section the certificate of the Speaker
signed by him that the provisions of this section have been complied
with.


۶. The provisions of this section shall not apply a Bill which is required by section ۴۹ to be passed by both Houses.


۵۷: Provisions relating to section ۵۴, ۵۵ and ۵۶


۱.
In sections ۵۴, ۵۵ and ۵۶ "Money Bill" means a public Bill which, in
the opinion of the Speaker contains only provisions dealing with all or
any of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition, for
the payment of debt or other financial purposes, of charges on the
Consolidated Fund or any other public funds or on monies provided by
Parliament or the variation or repeal of any such charges; the grant of
money to the Crown or to any authority or person, or the variation or
revocation of any such grant; the appropriation, receipt, custody,
investment, issue or audit of accounts of public money; the raising or
guarantee of any loan or the repayment thereof, or the establishment,
alteration administration or abolition of any sinking fund provided in
connection with any such loan; or subordinate matters incidental to any
of the matters aforesaid; and in this subsection the expressions
"taxation", "debt", "public fund", "public money" and "loan" do not
include any taxation imposed, debt incurred, fund or money provided or
loan raised by any local authority or body for local purposes.


۲. For the purposes of section ۵۶, a Bill shall be deemed to be rejected by the Senate if -


a. it is not passed by the Senate without amendment; or


b. it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.


۳.
Whenever the office of Speaker is vacant or the Speaker is for any
reason unable to perform any function conferred upon him by subsection
(۱) or by section ۵۵ or ۵۶, that function may be performed by the
Deputy Speaker.


۴. Any certificate of the Speaker or
Deputy Speaker given under section ۵۵ or ۵۶ shall be conclusive for all
purposes and shall not be questioned in any court.


۵۸: Assent to Bills


۱.
A Bill shall not become law until the Governor General has assented
thereto in Her Majesty"s name and on Her Majesty"s behalf and has
signed it in token of such assent.


۲. Subject to the
provisions of sections ۵۵ and ۵۶, a Bill shall be present to the
Governor General for assent if, and shall not be so presented unless,
it has been passed by both Houses either without amendment or with such
amendments only as are agreed to by both Houses.


۳. When a Bill is presented to the Governor General for assent he shall signify that he assents or that he withholds assent.


۵۹: Oath of allegiance


No
member of either House shall take part in the proceedings thereof
unless he has taken the oath of allegiance in such manner as is
prescribed by any law in force in Barbados.




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