Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641462006.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Professions Licensing (CAP.

347 1 - CHAPTER 347 T H E PROFESSIONS LICENSING A C T Arrangement of Sections Section 1.

Short title.

2.

Interpretation.

3.

Requirement for licence to practise profession.

4.

Application for licence.

5 .

Form and issue of licence.

6.

Claim to pay less than licence fee.

7.

More than one profession.

8 .

Duration of licence.

9 .

Non-Citizens: Refusal and revocation of licences.

10.

Licence fee.

1 1 .

Penalty for failure to licence.


12.

Onus of proof.

13.

Effect of failure to licence.

14.

Licence not to authorise certain acts.

15.

Amendment of Schedule.

SCHEDULE.

Part I - Professions to which this Act Applies.

Part I1 - Annual Licence Fee.

PROFESSIONS LICENSING (1st January, 1982.)

1.

This Act may be cited as the Professions Licensing short title.

Act.

, 2.

In this Act- Interpretation.

2 CAP.


347) Professions Licensing LAWS OF ANTIGUA AND BARBUDA "Commissioner" means the officer for the time being performing the duties of Commission of Inland Revenue and includes any officer duly authorised to act on his behalf; ' 6 licensing year" means the period of twelve months commencing on the first day of January 1982 and each subsequent period of twelve months; "Minister" means the Minister of Finance: Cap.

293.
6' non-citizen" has the same meaning as is given to the expression by the Non-citizens Land Holding Regulation Act; ' 6 profession" means any independent engagement in the carrying on or practise whether in partnership or otherwise of any of the professions specified in Part I of the Schedule whether or not any such pro- fession is carried on or practised by virtue of registration or admission to practise under any law in force in Antigua and Barbuda or in consequence of qualification by membership in any recognised governing body in any of the professions specified.
Requirement for licence to practise profession.

3.
A person who wishes to practise a profession in Antigua and Barbuda on either a whole-time or part-time basis on his own account either separately or in partnership with any other person or as a body corporate or incorporate either aggregate or sole shall, before so doing, apply to the Commissioner for the grant of a licence so to do: Provided that no such licence shall be required by any person carrying on the practise of a profession solely in the course of employment in the service of the Government or A its agencies.
Application for licence.

4.

An application for a licence under this Act shall be in writing in the form approved by the Commissioner.

Form and issue of licence.

5 .

Every licence granted under this Act shall be in the form approved by the Commissioner and shall be issued on payment by the applicant of the fee specified in Part I1 of the Schedule: LAWS OF ANTIGUA AND BARBUDA Professions Licensing (CAP.
347 3 Provided that the fee for a licence in respect of the practice of a profession on and after 1st April, 1st July or 1st October in any year shall be three quarters, one half or one quarter (as the case may be) of the annual licence fee for that year: Provided further that in any case where the Commis- sioner is satisfied that any person practising or intending to practise a profession is not or will not be so engaged on a full-time basis because of such person's full-time employ- ment by any other person or because such person is over the age of seventy years, the licence fee payable shall be one thousand dollars for such profession.
6.

In the case of an application for a licence b c n y claim to pay Less person who claims to be liable to pay a licence fee at a rate than licence fee.
less than the fee specified in Part I1 of the Schedule the Commissioner shall have power at any time by notice in writing addressed to such person at his place of business or last known place of residence to require the production to him by such person within' a reasonable time of such information, documentary or otherwise, as to the Commis- sioner appears necessary to substantiate such claim.

7.

Where any person to whom this Act applies More than one profession.
practises more than one profession a licence shall be required for the practice of each such profession.

8.

Subject as hereinafter provided as to revocation of Duration of licence.

a licence, every licence granted under this Act shall remain in force until the 31st day of December in the year in which it is issued.

9.
9.

(1) Notwithstanding any other provision in this Act Non-Citizens: Refusal and the Commissioner shall grant a licence under this Act to a re,ocat;on person who is a non-citizen only on production to him of licences.

Cap.

27. a valid work permit granted to such person under the Antigua and Barbuda Labour Code enabling such person to practise the profession in respect of which application is made for a licence under this Act.
(2) The Commissioner shall revoke any licence granted under this Act to a person who is a non-citizen for any period of time in respect of which a work permit granted to such 4 CAP.

347) Professions Licensing LAWS OF ANTIGUA AND BARBUDA Cap.

27. person under the Antigua and Barbuda Labour Code has been cancelled.

Licence fee.

10.
Licence fee.

10.

(1) The licence fee payable under this Act shall be ;aid, in the case of a person practising a profession on the date of the coming into force of this Act, within one month after such date, and shall be at the rate specified in Part I1 of the Schedule.
(2) The licence fee payable under this Act for a licensing year during which a person commences to practise a pro- fession shall be paid within one month after the date on which the practice commenced and shall be at the rate specified in Part I1 of the Schedule.

Penalty for failure to licence.

1 .


(1) Subject to section 10, any person who practises a profession in contravention of section 3 shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine of ten thousand dollars.
(2) When a person is convicted of an offence under sub- section (1) of this section and the offence continues after that conviction he shall be guilty of a further offence against this Act and shall be liable to a further fine of five hundred dollars for each day or part thereof during which the offence continues.

Onus of proof.

12.

In any proceedings under this Act, the burden of proving that the provisions thereof have been complied with lies on the person against whom the proceedings were initiated.
Effect of failure to licence.

13.

Subject to section 10, any person, who practises a profession in contravention of section 3 shall not so long as that contravention subsists, be entitled to sue for or recover any payment or consideration for services rendered in respect of that profession.

Licence not to authorise certain acts.

14.


No licence issued under this Act shall authorise the practice of any profession for which any person requires a licence or permit under or is otherwise required to comply with conditions imposed by any other enactment.

LAWS OF ANTIGUA AND BARBUDA Professions Licensing (CAP.

347 5 15.

(1) T h e Minister may by order amend Part I of Amendment of Schedule.

the Schedule by adding to or deleting from the list of profes- sions to which this Act applies.
(2) Every order made under this Section shall be subject to affirmative Resolution of the House.
SCHEDULE Part I Professions to which this Act applies Barrister-at-Law or Solicitor Medical Practitioner (including Surgeon or Anaesthetist) Dental Practitioner Optometrist or Optician Veterinary Surgeon Accountant or Auditor Architect Land Surveyor Quantity Surveyor Civil Engineer Electrical Engineer Mechanical Engineer Structural Engineer Marine Engineer Insurance Adjuster or Assessor Part I1 Annual Licence Fee Where the licence is in respect of a person who has been in private practice for- 5 years or less Over 5 years but less than 10 years 10 years and over - $2,000 - $3,500 - $5,000