Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698942963901.pdf (Saint Kitts and Nevis)
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.

13.02 1 ST. CHRISTOPHER AND NEVIS CHAPTER 13.02 CARIBBEAN EXAMINATIONS COUNCIL ACT Revised Edition showing the law as at 31 December 2002 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, No.

9 of 1986.
9 of 1986.

This edition contains a consolidation of the following laws— CARIBBEAN EXAMINATIONS COUNCIL ACT Act of 1983 … in force 25th July 1983 Page 3 Prepared under Authority by The Regional Law Revision Centre Inc. ANGUILLA LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.

13.02 3 CHAPTER 13.02 CARIBBEAN EXAMINATIONS COUNCIL ACT ARRANGEMENT OF SECTIONS Interpretation 1.

Short title 2.

3.

Caribbean Examinations Council to be a body Corporate 4.
Prohibited use of papers relating to examinations 5.

Offences 6.

Summary Trial and punishment 7.

Restriction on prosecutions 8.

Regulations SCHEDULE: Agreement Establishing the Caribbean Examinations Council LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.
13.02 5 CHAPTER 13.02 CARIBBEAN EXAMINATIONS COUNCIL ACT AN ACT TO MAKE PROVISION FOR THE GRANTING OF A CORPORATE STATUS TO THE CARIBBEAN EXAMINATIONS COUNCIL; TO MAKE PROVISION FOR THE PROTECTION OF THE INTEGRITY OF THE EXAMINATION HELD BY THE COUNCIL; AND TO MAKE PROVISION FOR RELATED OR INCIDENTAL MATTERS.

Short title.

1.

This Act may be cited as the Caribbean Examinations Council Act.

Interpretation.

2.
Interpretation.

2.

In this Act, unless the context otherwise requires— “Agreement” means the Agreement for the establishment of the Caribbean Examinations Council, done at Georgetown, Guyana on the 10th day of April, 1972, the text of which is set out in the Schedule to this Act and includes any amendments thereto; “Council” means the body constituted by Article II of the Agreement; “Minister” means the Minister for the time being responsible for the subject of Education.
Caribbean Examinations Council to be a body Corporate.

The Council constituted under Article II of the Agreement to this Act shall be 3. a body corporate with perpetual succession and common seal and the Council shall, in its Corporate name, be capable of suing and being sued.

Prohibited use of papers relating to examinations.


(1) No person shall, after obtaining possession of an examination paper 4. containing questions or instructions to candidates in connection with an examination to be held by the Council— (a) permit that paper to be seen by; (b) give or permit that paper to be given to; (c) disclose the contents of that paper to; or (d) permit that paper or its contents to be used by, any unauthorised person, or make any unauthorised use of such paper or its contents.
(2) Where an examination paper containing questions or instructions to candidates in connection with an examination to be held by the Council comes into the possession of a person, he shall thereupon return that paper to the office of the Council or the officer in charge of the nearest Police Station, who shall forthwith forward the same to the Minister.

(3) Any person who contravenes any of the provisions of the preceding subsections commits an offence under this Act.

Offences.

5.
Offences.

5.

(1) No person who is employed— 6 CAP.
13.02 Caribbean Examinations Council Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 (a) in the setting, moderating, revising, vetting, printing, collection, storage, distribution or custody of examination papers; (b) in the making of draft examination papers or of papers containing instructions to candidates; and (c) as a supervisor, an invigilator, an attendant or otherwise, in connection with an examination held by the Council shall, prior to or during that examination, knowingly or recklessly disclose to any other person the contents of such examination paper, draft examination paper, or such paper containing instructions.
(2) No person shall— (a) after he has acquired prior knowledge of the questions set in connection with an examination held by the Council, present himself as a candidate at that examination; or (b) for the purpose of an examination held by the Council, falsely represent himself to be another person; or (c) forge or alter, or offer, utter, dispose of or put off, knowing the same to be forged or altered any certificate purporting to show that a person has passed an examination held by the Council.
(3) Any person who contravenes any of the provisions of the preceding subsections commits an offence under this Act.

Summary Trial and punishment.

6.

(1) All offences under this Act shall be tried summarily.

(2) Any person who is convicted of an offence under this Act shall be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

Restriction on prosecutions.


A prosecution for an offence under section 5(1)(b) may not be instituted 7. except with the consent of the Director of Public Prosecutions.

Regulations.

The Minister may make Regulations for carrying out the purposes of this Act 8. and for matters connected therewith.

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13.02 7 SCHEDULE (Section 3) AGREEMENT ESTABLISHING THE CARIBBEAN EXAMINATIONS COUNCIL THE PARTICIPATING GOVERNMENTS: RECOGNISING the Second Conference of Heads of Government of Commonwealth Caribbean Countries held in Jamaica in January 1964, that the setting up of a Caribbean Examinations Council was a fit and proper subject for regional co-operation: the decision of CONSCIOUS of the need for the institution of a new system of examinations for the Area under the aegis of the Conference; HAVE AGREED AS FOLLOWS: ARTICLE I INTERPRETATION In this Agreement, unless the context otherwise requires, “Area” means the following Territories the Governments of which are Participating Governments: (a) Anguilla Antigua and Barbuda Guyana Jamaica Bahamas Barbados Belize British Virgin Islands Cayman Islands Dominica Grenada Montserrat St. Kitts and Nevis St. Lucia St. Vincent Trinidad and Tobago Turks and Caicos Islands; and (b) any other Territory in the Caribbean; “Article” means an Article of this Agreement; “Council” means the Caribbean Examinations Council established by Article II; “National Committee” means a Committee established under Article IX; “Participating Governments” means the governments which are from time to time parties to this Agreement; “School Examinations Committee” means the School Examinations Committee appointed by the Council in accordance with Articles III and X.
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13.02 Caribbean Examinations Council Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 ARTICLE II ESTABLISHMENT AND CONSTITUTION 1.
The Council is hereby established and shall consist of the following members: (a) The Vice-Chancellor of the University of the West Indies; (b) The Vice-Chancellor of the University of Guyana; (c) (i) Three representatives of the University of the West Indies appointed by the Vice-Chancellor of the University of the West Indies regard being given to the geographical dispersion of the campuses; (ii) One representative of the University of Guyana appointed by the Vice-Chancellor of the University of Guyana; (d) (i) Two representatives appointed by each of the Participating Governments of Barbados, Guyana, Jamaica and Trinidad and Tobago and one representative appointed by each of the other Participating Governments; (ii) One representative of the teaching profession appointed by each National Committee from among its members.
2.

(a) A member of the Council appointed under paragraph 1(c) and (d) of this Article shall subject to paragraph 3 of this Article hold office for a period of three years.

(b) Any such member may at any time resign his office by notice in writing addressed to the appointing authority and his resignation shall take effect upon the receipt of such notice by the Chairperson from the appointing authority.
(c) The appointing authority may make another appointment for the unexpired term of office of the person who resigned.

A member of the Council referred to in paragraph 2 of this Article may be 3. removed from office by the appointing authority and another person may be appointed for the unexpired term.

4.

If any member of the Council is for the time being unable to act, the appointing authority may appoint a person to act in his or her place during such inability.

5.
5.

(a) The Council shall elect a Chairperson from among its members, the Chairperson for the first term being a Vice-Chancellor.

(b) The Chairperson shall hold office for three years and shall be eligible for re-election.

If, however, he resigns his office before the expiration of his term, the Chairperson elected in his place shall hold office for the unexpired term.
(c) The Council shall elect one of its members to be Deputy Chairperson who shall hold office for such time not being more than his unexpired term as the Council may determine.

The Chairperson and members of the Council shall be paid such remuneration 6. and allowances as may from time to time be determined by the Council.

LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.
13.02 9 ARTICLE III DUTIES The Council shall: (a) conduct such examinations as it may think appropriate and award certificates and diplomas on the results of examinations so conducted; (b) review and consider annually its examinations held in any territory of the Area and remit to each Participating Government: (i) an analysis of data on the performance of candidates classified by subject and territory; (ii) a digest of submissions from National Committees along with such other information as may be considered necessary; (iii) an annual report of the Council’s activities; (c) consider, having regard to standards, the advisability of inviting and, if thought fit, invite any other examining Body to conduct examinations in the Area and award certificates and diplomas on the results of such examinations, advise any Body so invited on such adaptation of the examinations as the Council may think necessary and generally assist any Body so invited in the conduct of such examinations in the Area; (d) appoint a School Examinations Committee in accordance with Article X; (e) appoint from among its members an Administrative and Finance Committee which shall include a representative from each of the Participating Governments of Barbados, Guyana, Jamaica and Trinidad and Tobago and four representatives from the other Participating Governments; (f) receive from any National Committee or other committee established under this Agreement reports and recommendations on any matters relevant to the purposes of the Council and consider such reports and recommendations; (g) on the invitation of any Government in the Caribbean conduct any examinations which the Council considers feasible.
ARTICLE IV GENERAL POWERS The Council shall have power to: (a) appoint a Registrar, Pro-Registrar and such other persons as may be necessary for the performance of its duties; (b) delegate to the Registrar (i) any of the duties specified in paragraphs (a), (c) and (g) of Article III as relate to the holding of examinations; and (ii) the making of appointments of other persons mentioned in paragraph (a) of this Article; 10 CAP.
13.02 Caribbean Examinations Council Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 (c) fix the salaries and determine the terms and conditions of service including the provision of superannuation benefits of the Registrar and persons referred to in paragraph (a) of this Article; (d) delegate to the School Examinations Committee such powers as may be necessary; (e) delegate to the Administrative and Finance Committee such powers as may be necessary; (f) appoint such other Committees as the Council may consider necessary for the performance of its duties; (g) regulate the conduct of any examinations conducted under the provisions of paragraphs (a), (c) and (g) of Article III and prescribe the qualification requirements of candidates and the fees payable by them; (h) co-opt any person to assist in the work of the Council so, however, that no such person shall be or be deemed to be a member of the Council; (i) borrow such sums as it may consider necessary or expedient; (j) invest the funds of the Council in such manner and to such extent as it may consider necessary or expedient giving priority to investment in financial institutions in the Area controlled by the people of the Area or by Participating Governments or in securities issued or guaranteed by such Governments; (k) authorise in writing any of its members to discharge any of its functions; (l) make rules generally for the purposes of this Agreement.
ARTICLE V LOCATION OF FACILITIES The Council shall establish Administrative and Operational Centres in 1.

Barbados and Jamaica, and may establish such Centres in Guyana, Trinidad and Tobago and elsewhere in the Area.

2.

For the purposes of administration and operations, the Area shall be divided into two geographical zones – the Western Zone and the Eastern Zone.

The Western Zone shall comprise the Territories of Bahamas, Belize, Cayman Islands, Jamaica and Turks and Caicos Islands.
The Eastern Zone shall comprise the territories of Antigua, Barbados, British Virgin Islands, Dominica, Grenada, Guyana, Montserrat, St. Kitts- Nevis, Anguilla, St. Lucia, St. Vincent and Trinidad and Tobago.

Such of the Council’s operations as relate to the Western Zone shall be directed from the Administrative and Operational Centre in Jamaica.

Such of the Council’s operations as relate to the Eastern Zone shall be directed from the Administrative and Operational Centre in Barbados.

3.
3.

The Administrative and Operational Centre located in Barbados shall be the Administrative Headquarters from which the general business of the Council shall be directed.

4.

The Registrar shall be based in the Administrative and Operational Centre in Barbados and the Pro-Registrar shall be based in the Administrative and Operational Centre in Jamaica.

LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.
13.02 11 The Council may conclude with Participating Governments agreements 5. relating to the legal capacity, privileges and immunities to be recognised and granted to it in respect of its Administrative and Operational Centres.

ARTICLE VI PROCEDURAL ARRANGEMENTS The Council shall ordinarily meet for the despatch of business at such times 1. and places as the Council may from time to time appoint, but at least one meeting shall be held in each year.
The Chairperson may call a special meeting of the Council at such time and 2. place as he may appoint, and shall, on the written request of six members of the Council, call a meeting to be held within twenty-one days after the receipt of the request for the meeting.

Any such special meeting shall be convened at not less than fourteen days’ 3. notice.

4.
4.

At every meeting of the Council the Chairperson, if present, shall preside; in his absence the Deputy Chairperson shall preside and in the absence of both the Chairperson and the Deputy Chairperson the members of the Council present shall elect one of their number to preside.

5.

Decisions of the Council and of the School Examinations Committee and of the Administrative and Finance Committee shall be taken on the majority vote of all the members present.

6.
6.

A quorum of the Council or of the School Examinations Committee or of the Administrative and Finance Committee shall be constituted by one half of the respective total membership.

7.

The member of the Council presiding at a meeting of the Council shall, in addition to an original vote, have a casting vote in any case where the voting is equal.

ARTICLE VII FINANCIAL ARRANGEMENTS 1.


The funds of the Council shall include: (a) all charges, dues and fees received by the Council; (b) such monies as are provided for the Council by the Participating Governments; (c) all interest on monies invested by the Council; (d) all monies accruing to the Council by way of endowment, donation or otherwise.

The funds of the Council shall be applied towards the accomplishment of its 2. purposes.
The expenditure of the Council shall be apportioned among the Participating 3.

Governments on such basis as may be agreed upon by them.

All sums of money received on account of the Council shall be paid into such 4. bank or banks as may be approved by the Council.

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13.02 Caribbean Examinations Council Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 (a) The Council shall cause to be kept proper accounts of its financial and 5. other business transactions and shall cause to be prepared not later than three months after the end of each financial year: (i) a statement showing in detail the items of income and expenditure of the Council, and the total of such income and expenditure for the immediately preceding financial year; (ii) a statement of the assets and liabilities of the Council as they stood at the end of the immediately preceding financial year.
(b) Such statements shall be audited by an Auditor appointed by the Council and as soon as may be thereafter a copy of each such statement as audited shall be transmitted to each Participating Government.

ARTICLE VIII LEGAL CAPACITY The Council shall possess full juridical personality and in particular full 1. capacity to: (a) contract; (b) acquire and dispose of immovable and movable property; (c) institute legal proceedings.
The legal capacity, privileges and immunities to be recognised and granted by 2.

Participating Governments in connection with the Council shall be laid down in a Protocol to this Agreement.

ARTICLE IX NATIONAL COMMITTEES A National Committee shall be established by each Participating Government 1. for and in its Territory.

2.

A National Committee shall comprise representatives of a Ministry of Department of Education, the Teaching Profession, the Universities in the Area and the general community.
The Chairperson of a National Committee shall be appointed by the 3.

Participating Government from among the members of that National Committee.

4.

A member of a National Committee shall hold office for such number of years as may be specified in his letter of appointment and shall be eligible for reappointment.

5.
5.

It shall be the duty of every National Committee (a) to exercise such powers as the Council may from time to time delegate to it; and (b) to advise the Council on any matter on which advice may be sought including the content of the syllabuses, the appointment of examiners and any other matter connected with examinations conducted by the Council.

A National Committee may make a report or recommendations to the Council 6. on any matter relevant to the provisions of this Agreement.
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.

13.02 13 A National Committee may appoint from among its members such sub- 7. committee as it thinks fit and shall specify the duties of such sub-committee.

8.

A National Committee shall have the power to co-opt any person to assist it in its work, so, however, that no such person shall be or be deemed to be a member of the committee.

ARTICLE X SCHOOL EXAMINATIONS COMMITTEE 1.


The School Examinations Committee shall consist of: (a) the Chairperson of the Council or his Deputy who shall be the Chairperson; (b) four members who shall be representatives of the Universities of the Area; (c) one technical or administrative officer selected by each Participating Government from its Ministry or Department of Education; (d) one member of the teaching profession nominated by each National Committee.

2.
The duties of the School Examinations Committee shall include: (a) preparation for the approval of Council of regulations relating to the conduct of examinations; (b) development of syllabuses through sub-committees or subject-panels; (c) consideration of criticisms from schools; (d) consideration of points raised by examiners in their reports on examinations and by other means; (e) appointment of members of various sub-committees and subject- panels; (f) the making of recommendations relating to the appointment of examiners; (g) advising the Council on all matters relating to examinations; (h) performing such duties as may be delegated to it by the Council.
3.

The School Examinations Committee shall have power to co-opt any person to assist in its work, so, however, that no such person shall be deemed to be a member of the Committee.

ARTICLE XI ADMINISTRATIVE AND FINANCE COMMITTEE 1.

The Administrative and Finance Committee may appoint a sub-committee in each Territory of the Area and may delegate to any such sub-committee such powers as it thinks fit regarding administrative and financial matters affecting that Territory.
Decisions of a sub-committee appointed under paragraph 1 of this Article shall 2. be taken by a majority of votes of the members present and voting and in so far as the procedure of the meetings of any such sub-committee is not prescribed by the Council, the sub-committee may regulate its own procedure.

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13.02 Caribbean Examinations Council Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 ARTICLE XII SUPERANNUATION BENEFITS The Council shall enter into arrangements with Participating Governments to secure the preservation of the superannuation benefits of persons seconded to the service of the Council from the service of any Participating Government.
ARTICLE XIII ACCESSION The Government of any Caribbean Territory may accede to this Agreement on 1. such terms and conditions as may be agreed between the Participating Governments and the acceding Governments.

Any such terms and conditions shall be embodied in a supplementary 2.

Agreement.
Agreement.

ARTICLE XIV WITHDRAWAL Any Participating Government may withdraw from this Agreement by giving twenty-four months notice in writing to the Chairperson of the Council who shall within thirty days of the receipt of such notice notify the other Participating Governments.
ARTICLE XV AMENDMENT An amendment to the provisions of this Agreement shall be submitted to the Chairperson of the Council who shall within thirty days of the receipt thereof transmit the proposed amendment to each Participating Government.

Such amendment shall have effect upon the acceptance thereof by all the Participating Governments within six months of the date of the Chairperson transmitting the proposed amendment.
ARTICLE XVI ENTRY INTO FORCE This Agreement shall be 1. the Commonwealth Caribbean Regional Secretariat for signature and shall be subject to ratification.

the Secretary-General of lodged with 2.

The Agreement shall come into force upon the deposit, not later than 30th April, 1972, of instruments of ratification with the Secretary-General by any two of the Participating Governments of Barbados, Guyana, Jamaica and Trinidad and Tobago and by any four of the other Participating Governments.
LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2002 Caribbean Examinations Council Act CAP.

13.02 15 ARTICLE XVII INAUGURAL MEETING As soon as the Agreement comes the Secretary-General, Commonwealth Caribbean Regional Secretariat, shall take the necessary steps to secure the nomination of the members of the Council referred to in Article II and to convene the Inaugural Meeting of the Council.

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