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Constitution

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
1 L.R.O. 2002 The Constitution of Barbados
THE CONSTITUTION OF BARBADOS 1
ARRANGEMENT OF SECTIONS
SECTION
CHAPTER I
THE CONSTITUTION
1. Constitution is supreme law. CHAPTER II
CITIZENSHIP
2. Persons who become citizens on 30th November 1966.
3. Persons entitled to be registered as citizens.
3A. Persons also entitled to be registered as citizens.
4. Persons born in Barbados after 29th November 1966.
4A. Barbadian diplomats, etc. special provisions.
5. Persons born outside Barbados after 29th November 1966.
6. Marriage to citizen of Barbados.
7. Renunciation of citizenship.
8. Commonwealth citizens.
9. Powers of Parliament.
10. Interpretation.
CHAPTER III
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
11. Fundamental rights and freedoms of the individual.
12. Protection of right to life.
1 This Constitution was originally the Schedule to the Barbados Independen
ce Order, 1966, S.I. 1966 No. 1455 (U.K.) reprinted in the Appendix to Title II.

L.R.O. 2002 2 The Constitution of Barbados
SECTION
13. Protection of right to personal liberty.
14. Protection from slavery and forced labour.
15. Protection from inhuman treatment.
16. Protection from deprivation of property.
17. Protection against arbitrary search or entry.
18. Provisions to secure protection of law.
19. Protection of freedom of conscience.
20. Protection of freedom of expression.
21. Protection of freedom of assembly and association.
22. Protection of freedom of movement.
23. Protection from discrimination on grounds of race, etc.
24. Enforcement of protective provisions.
25. Time of emergency.
26. Saving of existing law.
27. Interpretation.CHAPTER IV
THE GOVERNOR-GENERAL
28. Establishment of office of Governor-General.
29. Acting Governor-General.
30. Deputy to Governor-General.
31. Personal staff of Governor-General.
32. Exercise of Governor-General’s functions.
33. Public Seal.
34. Oaths to be taken by Governor-General.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados 2A L.R.O. 2003
The Constitution of Barbados
SECTION CHAPTER V
PARLIAMENT PART 1
Composition of Parliament
35. Establishment of Parliament.
36. Senate.
37. Qualifications for membership of Senate.
38. Disqualifications for membership of Senate.
39. Tenure of seats of Senators.
40. President and Deputy President of Senate.
41. House of Assembly.
41A. Electoral and Boundaries Commission.
41B. Staff of Commission.
41C. Functions and autonomy of Commission.
41D. Procedure for review of constituency boundaries.
41E. Protection of Electoral and Boundaries Commission from legal
proceedings.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados3 L.R.O. 2003The Constitution of Barbados
SECTION
42.Electoral law.
43.Qualifications for membership of Assembly.
44.Disqualifications for membership of Assembly.
45.Tenure of seats of members of Assembly.
46.Determination of questions of membership of Senate and Assembly.
47.Filling of casual vacancies in Senate and Assembly.
PART 2
Powers and Procedure of Parliament
48.Power to make laws.
49.Alteration of this Constitution.
50.Regulation of procedure in Parliament.
51.Presiding in Senate.
52.Quorum of Senate.
53.Voting in Senate.
54.Introduction of Bills, etc.
55.Restriction on powers of Senate as to Money Bills.
56.Restriction on powers of Senate as to Bills other than Money Bills.
57.Provisions relating to sections 54, 55 and 56.
58.Assent to Bills.
59.Oath of allegiance.

L.R.O. 2003 4 The Constitution of Barbados
SECTION
PART 3
Summoning, Prorogation and Dissolution
60.Sessions of Parliament.
61.Prorogation and dissolution of Parliament.
62.General election and appointment of Senators.
CHAPTER VI
EXECUTIVE POWERS
63.Executive authority of Barbados.
64.Cabinet.
65.Appointment of Ministers.
66.Tenure of office of Ministers.
67.Performance of Prime Minister’s functions in certain events.
68.Temporary Ministers.
69.Oaths to be taken by Ministers.
70.Presiding in Cabinet.
71.Governor-General to be informed concerning matters of government.
72.Assignment of responsibilities to Ministers.
73.Parliamentary Secretaries.
74.Leader of the Opposition.
75.Certain vacancies in office of Leader of Opposition.
76.Privy Council.
77.Proceedings of Privy Council.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
5 L.R.O. 2007 The Constitution of Barbados
SECTION
78. Prerogative of mercy.
79. Establishment of office and functions of Director of Public Prosecutions
.
79A. Attorney-General may give directions to Director of Public Prosecutions
in the case of certain offences.
CHAPTER VII
THE JUDICATURE P
ART 1
The Caribbean Court of Justice, the Supreme Court and the Magistrate’s Courts
79B. Interpretation.
79C. Establishment of Judicature.
79D. The Caribbean Court of Justice.
79E. Constitution of the Caribbean Court of Justice.
79F. Appointment of Judges.
79G
.Tenure of office of Judges.
79H. Removal of Judges.
79
I. Resignation and retirement of Judges.
80. Establishment of Supreme Court.
81. Appointment of Judges.
82. Acting Judges.
83. Oaths to be taken by Judges.
84. Tenure of office of Judges.

L.R.O. 2007 6 The Constitution of Barbados
SECTION
PART 2
Appeals
85. Constitution of Court of Appeal.
86. Other arrangements for appeals.
87. Appeals relating to fundamental rights and freedoms.
88. Appeals to the Caribbean Court of Justice in other cases.
CHAPTER VIII
THE PUBLIC SERVICE P
ART 1
The Services Commissions
89. Establishment and composition of Judicial and Legal Service Commission.
90. Establishment and composition of Public Service Commission.
91. Establishment and composition of Police Service Commission.
92. Procedure of Commissions. P
ART 2
Appointment, removal and discipline of public officers
93. Appointment, etc., of judicial and legal officers.
94. Appointment, etc., of public officers.
95. Delegation of powers under section 94.
96. Appointment, etc., of members of the Police Force.
97. Delegation of powers under section 96.
98. Appeals to Privy Council in disciplinary matters.

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
L.R.O. 2007 The Constitution of Barbados 6A
SECTION
98A. Public Service Appeal Board.
99. Appointment of permanent secretaries and certain other public officers.
100. Appointment, etc., of principal representatives abroad and subordinate s
taff.
100A. Appointments on transfer to certain offices.
101. Appointment, etc., of Director of Public Prosecutions.
102. Appointment, etc., of Auditor-General. P
ART 3
Pensions
103. Protection of pension rights.
104. Grant and withholding of pensions, etc. P
ART 4
Miscellaneous
105. Removal from office of certain persons.
106. Protection of Commissions, etc., from legal proceedings.
CHAPTER IXFINANCE
107. Consolidated Fund.
108. Estimates.
109. Authorisation of expenditure.
110. Meeting expenditure from Consolidated Fund.
111. Public debt.
112. Remuneration of Governor-General and certain other officers.

L.R.O. 2007 6B The Constitution of Barbados
ECTION
112A. Remuneration of public officers and soldiers.
113. Establishment of office and functions of Auditor-General.CHAPTER X
MISCELLANEOUS AND INTERPRETATION
114. Appointments.
115. Resignations.
116. Vacation of office on attaining a prescribed age.
117. Interpretation. ____________
FIRST SCHEDULE
O
ATHS
____________
SECOND SCHEDULE
P
ROVISIONS RELATING TO CERTAIN TRIBUNALS
____________
THIRD SCHEDULE
R
ULES RELATING TO THE CONSTITUENCIES

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
7 L.R.O. 2007 The Constitution of Barbados
THE CONSTITUTION OF BARBADOS
Whereas the love of free institutions and of independence has
always strongly characterised the inhabitants of Barbados:
And Whereas the Governor and the said inhabitants settled a
Parliament in the year 1639:
And Whereas as early as 18th February, 1651 those inhabitants, in
their determination to safeguard the freedom, safety and well-being of
the Island, declared, through their Governor, Lords of the Council and
members of the Assembly, their independence of the Commonwealth
of England:
And Whereas the rights and privileges of the said inhabitants were
confirmed by articles of agreement, commonly known as the Charter
of Barbados, had, made and concluded on 11th January, 1652 by and
between the Commissioners of the Right Honourable the Lord
Willoughby of Parham, Governor, of the one part, and the
Commissioners on behalf of the Commonwealth of England, of the
other part, in order to the rendition to the Commonwealth of England
of the said Island of Barbados:
And Whereas with the broadening down of freedom the people of
Barbados have ever since then not only successfully resisted any
attempt to impugn or diminish those rights and privileges so confirmed,
but have consistently enlarged and extended them:
Now, therefore, the people of Barbados
(a) proclaim that they are a sovereign nation founded upon
principles that acknowledge the supremacy of God, the
dignity of the human person, their unshakeable faith in
fundamental human rights and freedoms and the position of
the family in a society of free men and free institutions;
1Section 10 of Act 1990-17 has been incorporated as section 9 of the Supreme Court of
Judicature Act, Cap. 117A.
1974-34.
1980-52.
1981-24.
1985/50.
1989-16.
1990-17.
1
1992-18.
1995-2.
2000-18.
2002-14.
2002-15.
2003-10.
2005-9.
2007-10.
2007-42.

L.R.O. 2007 8 The Constitution of Barbados
(b)affirm their belief that men and institutions remain free only
when freedom is founded upon respect for moral and spiritual
values and the rule of law;
(c) declare their intention to establish and maintain a society in
which all persons may, to the full extent of their capacity, play
a due part in the institutions of the national life;
(d) resolve that the operation of the economic system shall
promote the general welfare by the equitable distribution of
the material resources of the community, by the human
conditions under which all men shall labour and by the
undeviating recognition of ability, integrity and merit;
(e) desire that the following provisions shall have effect as the
Constitution of Barbados—
CHAPTER I
THE CONSTITUTION
1 . 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
2 . (1) Every person who, having been born in Barbados, is on
29th November, 1966 a citizen of the United Kingdom and Colonies
shall become a citizen of Barbados on 30th November, 1966.
(2) Every person who, having been born outside Barbados, is
on 29th November, 1966 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 (1), become a citizen of Barbados on 30th November, 1966.
Constitution
is supreme
law.
ss.1-2
Persons who
become
citizens on
30th
November,
1966.

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
9 L.R.O. 2002 The Constitution of Barbados
(3) Any person who on 29th November 1966 is a citizen of the
United Kingdom and Colonies,
(a) having become such a citizen under the British Nationality Act
1948
1 by virtue of his having been naturalised 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
naturalised or registered in Barbados under that Act,
shall become a citizen of Barbados on 30th November 1966. 3. (1) Any woman who on 29th November is or has been
married to a person—
(a) who becomes a citizen of Barbados by virtue of section 2; or
(b) who, having died before 30th November 1966, 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. (2) 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 30th
November 1966; 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 citize
n
of Barbados.
Persons
entitled to
be registered
as citizens.
1974-34.
11948 c.56 of the United Kingdom Parliament.
s.3

L.R.O. 2002 10 The Constitution of Barbados
(3) Any woman who on 29th November 1966 is or has been
married to a person who subsequently becomes a citizen of Barbados
by registration under subsection (2) 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

.
(4) 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 eighteen 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.
(5) The right to be registered as a citizen of Barbados under this
section shall be subject to such exceptions or qualifications as may be
prescribed in the interests of national security or public policy.
3A. (1) The following descriptions of person also have the right
upon application to be registered as citizens of Barbados, namely—
(a) a person who has been ordinarily resident in Barbados through-
out the period of ten years (or such longer period as may be
prescribed) immediately preceding that person’s application;
(b) a person who has been married to a citizen of Barbados, and
has cohabited with that citizen, for such period as may be
prescribed immediately preceding that person’s application.
(2) A person who has a right to be registered under paragraph (b)
of subsection (1) by virtue of marriage to a spouse who is a citizen o
f
Barbados does not lose that right if the spouse dies before the expiry
of the period provided for by or under that paragraph.
(3) The dissolution, or the annulment or other avoidance by a court
or tribunal of competent jurisdiction, of the marriage of a person who
has been registered as a citizen of Barbados under subsection (1) (b)
does not affect that person’s citizenship of Barbados.
1974-34.
1974-34.
Persons also
entitled to
be regis-
tered as
citizens.
2000-18.
s.3A

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
L.R.O. 2002 The Constitution of Barbados
(4) The right to be registered as a citizen of Barbados under this
section is subject to such exceptions or qualifications as may be
prescribed in the interests of national security or public policy.
(5) A person who is under eighteen years of age and is not a woman
who is or has been married may not make an application for registra-
tion under this section; that person’s parent or guardian must make the
application.
(6) An application for registration under this section shall be made
in such manner as may be prescribed.
(7) Before a certificate or other official mark of citizenship of
Barbados may be issued to a person pursuant to provision made under
this section, that person must have taken the oath of allegiance before
an officer of the Immigration Department in that officer’s capacity as a
Justice of the Peace.
4.Every person born in Barbados after 29th November 1966 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.
4A.A person born outside Barbados after 29th November 1966
shall be deemed to be a citizen of Barbados within section 4 at the date
of his birth if he is born to a citizen of Barbados who at the date of the
birth is in the service of Barbados in a diplomatic or consular capacity. 10A
Barbadian
diplomats,
etc. special
provisions.
2000-18. Persons born
in Barbados
after 29th
November
1966.

L.R.O. 2002 The Constitution of Barbados
5.(1) A person born outside Barbados after 29th November 1966
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 2(2).
(2) Subject to subsection (1) and without derogating from, or in
any way affecting, that subsection, a person born outside Barbados
after 29th November 1966 shall become a citizen of Barbados at the
date of his birth if at the date of the birth at least one of his parents is a
citizen of Barbados who was born in Barbados.
6.(1) Any woman who, after 29th November 1966, 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.
(2) The right to be registered as a citizen of Barbados under this
section shall be subject to such exceptions or qualifications as may be
prescribed in the interests of national security or public policy.10B Persons
born outside
Barbados
after 20th
November
1966.
2000-18.
2000-18.
Marriage to
citizen of
Barbados.
1974-34.
ss.5-6

11 L.R.O . 198 5 The Constitutio n of~arbado s ss. 7-8
7. An y citize n of Barbado s who has attaine d the age of ;E;;cia-
eightee n year s and who
citizenship.
(a) is als o a citize n or nationa l of an y othe r country ; or 1974-34.
(b) intend s to becom e a citize n or nationa l of any other
country,
shal l be entitle d to renounc e his citizenshi p of Barbado s by a
declaratio n made and registere d in suc h manne r as ma y be
prescribed:
Provide d that
(a ) in the cas e of a perso n who is no t a citize n or national
of any othe r countr y at the date of registratio n of his
declaratio n of renunciation , if he doe s not becom e such a
citize n or nationa l withi n six month s from the date of
registratio n he shal l be, and shal l be deeme d to have
remained , a citize n of Barbado s notwithstandin g the
makin g and registratio n of his declaratio n of re-
nunciation ; and
(b ) the righ t of any perso n to renounc e his citizenshi p of
Barbado s durin g any perio d whe n Barbado s is engaged
in any war shal l be subjec t to such exception s or
qualification s as ma y be prescribe d in the interest s of
nationa l securit y or publi c policy.
8 . (1) Ever y perso n who unde r this Constitutio n or an y Ac t of Common-
Parliamen t is a citize n of Barbado s or unde r any enactmen t for ~~~~~,,
th e tim e bein g in forc e in any countr y to whic h this section
applie s is a citize n of tha t countr y shall , by virtu e of that
citizenship , have the statu s of a Commonwealt h citizen.
(2 ) Ever y perso n who is a Britis h subjec t withou t citizenship
unde r the
Britis h Nationalit y Act 1948 , continue s to be a British
subjec t unde r sectio n 2 of tha t Act or is a Britis h subject
unde r the
Britis h Nationali Act h1965296.5 ’ shall, by virtu e of that
status , hav e the statu s of a Commonwealt h citizen.
’ I%1965 5 c. 34 of th e Unite d Kingdo m Parliament.

ss.9-10 ‘Ge
co~utitrltior~ of~urlados L.R.O. 1985 12
(3) This section applies to the countries specified or certified
1980-52. as Commonwealth countries in or under an Act of Parliament
relating to membership of the Commonwealth.
Powers of
Parliament. 9. Parliament may make provision
(u) 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 (1) or (2) of section 2 or section 4 or section 5.
Inter-
pretation. 10. (1) 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 Nutionuli~
Act 1948;
“prescribed” means
prescribed by or under any Act of
Parliament.
(2) 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 30th Novem.ber 1966, be construed as
a reference to the mother of that person.
(3) For the purposes of this Chapter, a person born abroad a
registered ship or aircraft, or abroad an unregistered ship or
aircraft of the government of any country, shall be deemed to
have been born in the place in which the ship or aircraft was
registered or, as the case may be, in that country.
(4) 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 30th November 1966 and the birth occurred after

13 T/ze Constitution of Barbados s&11-12
r-
29th November 1966 the national status that the father would
have had if he had died on 30th November 1966 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
11. Whereas every person in Barbados is entitled to the Fundamental
fundamental rights and freedoms of the individual, that is to i;EitOEd
say, the right, whatever his race, place of origin, political pf+:
opinions, colour, creed or sex, but subject to respect for the lnd’v’dual.
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;
(6) 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.
c 12. (1) No person shall be deprived of his life intentionally Protection
save in execution of the sentence of a court in respect of a iietisht to
criminal offence under the law of Barbados of which he has ’
been convicted.
(2) 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 are
THB LAWS OF BARBADOS
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by authority of the Government of Barbados

s.13 The Constitution of Barbados 14
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) for the purpose of suppressing a riot, insurrection or
mutiny; or
3
(d) in order lawfully to prevent the commission by that
person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection
of right to 13. (1) No person shall be deprived of his personal liberty
personal save as may be authorised by law in any of the following cases,
liberty. that is to say-
(u) 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 offence 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
fulfilment 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 offence 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;

15 L.R.O. 1978 The Constitution of Barbados s.13

(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 from 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.
(2) Any person who is arrested or detained shall be informed
as soon as reasonably practicable, in a language that he under-
stands, 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 practise
in Barbados as an attorney-at-law, and to hold 1974-34.
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.
(3) 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 offence,
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottirwoodc Limited, 2 Scrjcants’ Inn, London EC4,
by authority of the Government of Barbados
Laws of Barbados-Suppl. Sig. 4

s.13 The Constitution of Barbados L.R.O. 1978 16
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 offence is not tried within a
reasonable time, then, without prejudice to any further pro-
ceedings 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.
(4) Any person who is unlawfully arrested or detained by
any other person shall be entitled to compensation therefor
from that other person.
(5) 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 authorises 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.
(6) Where a person is detained by virtue of such a law as is
referred to in subsection (5), the following provisions shall
“PPlY-
(4
(4
(4 (4 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 ;
not more than 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 authorised;
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;
where a request is made under paragraph (c), the case

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
L.R.O. 2002 The Constitution of Barbados
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 practise in Barbados as
attorneys-at-law; 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 practise 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.
(7) On any review by a tribunal in pursuance of subsection (6) of
the case of any detained person, the tribunal may make recommenda-
tions 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.
(8) When any person is detained by virtue of such a law as
is referred to in subsection (5), the Prime Minister or a Minister
authorised by him shall, not more than thirty days after the commence-
ment 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 (6):
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.
14. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression “forced labour”
does not include— 17
Protection
from slavery
and forced
labour.
s.14
1974-34.

L.R.O. 2002 The Constitution of Barbados
(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 place 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 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.
15. (1) No person shall be subjected to torture or to inhuman or
degrading punishment or other treatment.
(2) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this sectio
n
to the extent that the law in question authorises the infliction of any
punishment or the administration of any treatment that was lawful in
Barbados immediately before 30th November 1966.
1(3) The following shall not be held to be inconsistent with or in
contravention of this section:
(a) the imposition of a mandatory sentence of death or the
execution of such a sentence;
1By virtue of section 5 of Act 2002-14, this subsection does not apply in
relation to a person sentenced
to death before 5th September, 2002.
18
Protection
from
inhuman
treatment.
s.15
2002-14.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados L.R.O. 2002
The Constitution of Barbados
18A
(b) any delay in executing a sentence of death imposed on a
person in respect of a criminal offence under the law of
Barbados of which he has been convicted;
(c) the holding of any person who is in prison, or otherwise
lawfully detained, pending execution of a sentence of death
imposed on that person, in conditions, or under arrangements,
which immediately before 5th September, 2002
(i)were prescribed by or under the Prisons Act, as then in
force; or
(ii) were otherwise practised in Barbados,
in relation to persons so in prison or so detained.
16. (1)No property of any description shall be compulsorily taken
possession of, and no interest in or right over property of any descrip-
tion 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 Protection
from
deprivation
of property. Cap. 168.s.16

19 The Constitution of Barbados s.16
(b) giving to any person claiming such compensation a
right of 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.
(2) 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, cess or other
impost ;
(ii) by way of penalty for breach of the law or 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 licence ;
(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 necessary
so to do because the property is in a dangerous state or
injurious to the health of human beings, animals or
plants ;
limitation of actions. or
vi
in consequence of any law with respect to the
,
(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 or 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
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, 1 Serjeants’ Inn, London EC&
by authority of the Government of Barbada
Laws of Barbados Vol. I-4

s.17 The Constitution of Barbados 20
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 adminis-
tration 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.
(3) 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 pro-
vision 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.
(4) 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 pro-
vision for the compulsory taking possession in the public
interest of any property, or the compulsory acquisition in the
public interest of any mterest 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.
Protection
against 17. (1) Except with his own consent, no person shall be
arbitrary subjected to the search of his person or his property or the entry
search or
entry. by others on his premises.
(2) Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention of

21 Th e Constitutio n of Barbado s s.18
r
this sectio n to the exten t tha t the law in questio n make s pro-
visio n tha t is reasonabl y required-
(4
lb)
(4
(4
(4 i n the interest s of defence , publi c safety , publi c order,
publi c morality , publi c health , tow n or countr y planning,
th e developmen t or utilisatio n of minera l resources , or
th e developmen t or utilisatio n of an y othe r propert y in
suc h manne r as to promot e the publi c benefit;
fo r the purpos e of protectin g the right s or freedom s of
othe r person s ;
fo r the purpos e of authorisin g an office r or agen t of the
Government , or of a loca l governmen t authorit y or of a
bod y corporat e establishe d directl y by law for public
purpose s to ente r on the premise s of an y perso n in order
t o inspec t thos e premise s or anythin g thereo n for the
purpos e of an y tax , duty , rate , ces s or othe r impos t or in
orde r to carr y out wor k connecte d with any property
tha t is lawfull y on thos e premise s and tha t belong s to the
Governmen t or tha t authorit y or bod y corporate , as
th e cas e ma y be;
fo r the purpos e of authorisin g the entr y upon any
premise s in pursuanc e of an orde r of a cour t for the
purpos e of enforcin g the judgmen t or orde r of a court
i n any proceedings ; or
fo r the purpos e of authorisin g the entr y upon any
premise s for the purpos e of preventin g or detecting
crimina l offences.
18 . (1) If any perso n is charge d with a crimina l offence ,
Provisions
then, unles s the charg e is withdrawn , the cas e shal l be afforde d ~~~~C~~n
a fai r hearin g withi n a reasonabl e time by an independen t and oflaw.
impartia l cour t establishe d by law.
(2) Ever y perso n wh o is charge d with a crimina l offence-
(u) shal l be presume d to be innocen t unti l he is prove d or
has pleade d guilty;
(b) shal l be informe d as soo n as reasonabl y practicable , in a
languag e that he understand s and in detail , of th e nature
o f th e offenc e charged;
TH E LAW S OF BARBADOS
Printe d in Enqlnn d by Eyr e and Spottiswood e Limited , 2 Scrjeants ’ Inn, Londo n Et&
by authorit y of the Governmen t of Barbados

s.18 The Constitution of Barbados 22
(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 prose-
cution 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.
(3) When a person is tried for any criminal offence, the
accused person or any person authorised 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.
(4) No person shall be held to be guilty of a criminal offence
on account of any act or omission that did not, at the time it
took place, constitute such an offence, and no penalty shall be
imposed for any criminal offence that is more severe in degree
or nature than the most severe penalty that might have been
imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a com-
petent court for a criminal offence and either convicted or
acquitted shall again be tried for that offence or for any other
criminal offence of which he could have been convicted at the
trial for that offence, save upon the order of a superior court
in the course of appeal proceedings relating to the conviction
or acquittal.

23 Th e Constitutio n of Barbados
(6 ) No perso n shal l be trie d for a crimina l offenc e if he shows
tha t he has bee n grante d a pardo n for tha t offence. s.18
P
(7
) No perso n who is trie d for a crimina l offenc e shal l be
compelle d to giv e evidenc e at the trial.
(8 ) An y cour t or othe r tribuna l prescribe d by law for the
determinatio n of the existenc e or exten t of an y civi l righ t or
obligatio n shall be establishe d by law and shal l be independent
an d impartial ; and wher e proceeding s for suc h a determination
ar e institute d by any perso n befor e suc h cour t or othe r tribunal,
th e cas e shal l be give n a fai r hearin g withi n a reasonabl e time.
(9 ) Excep t with the agreemen t of all the partie s thereto , all
proceeding s of ever y cour t and proceeding s for the deter-
minatio n of th e existenc e or exten t of an y civi l righ t or obligation
befor e any othe r tribunal , includin g the announcemen t of the
decisio n of th e cour t or othe r tribunal , shal l be hel d in public.
(10 ) Nothin g in subsectio n (9) shal l preven t the cour t or
othe r tribuna l from excludin g from the proceeding s persons
othe r tha n the partie s theret o and thei r lega l representative s to
suc h exten t as the cour t or othe r tribunal-
(u ) ma y by law be empowere d so to do and may consider
necessar y or expedien t in circumstance s wher e publicity
woul d prejudic e the interest s of justic e or in interlocutory
proceeding s or i
n the interest s of decency , public
morality , the welfar e of person s unde r the age of eighteen
years or the protectio n of the privat e lives of persons
concerne d in the proceedings ; or
(b) ma y by law be empowere d or require d so to do in the
interest s of defence , publi c safet y or publi c order.
(11 ) Nothin g containe d in or don e unde r the authorit y of any
la w shal l be hel d to be inconsisten t with or in contraventio n of-
(u ) subsectio n (2)(u ) to the exten t tha t the law in question
impose s upon any perso n charge d with a criminal
offenc e the burde n of provin g particula r facts ;
(b) subsectio n (2) (e) to the exten t tha t the law in question
impose s condition s that mus t be satisfie d if witnesses
calle d to testif y on behal f of an accuse d perso n are to be
pai d thei r expense s out of publi c funds ; or
TH E LAW S OF BARBADOS
Printe d i
n Englan d b
y Eyr e and Spottirwood e Limited , a Serjeants ’
by authorit y of the Governmen t of Barbador Inn
, Londo n ECI.

s. 19 The Constitutiotz of Barbados 24
(4 subsection (5) to the extent that the law in question
authorises a court to try a member of a disciplined force
for a criminal offence 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.
(12) Nothing contained in subsection (2)
(d) shall be
construed as entitling a person to legal representation at public
expense.
Protection
of freedom of 19. (1) Except with his own consent, no person shall be
conscience. 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.
(2) 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.
(3) No religious community shall be prevented from pro-
viding 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.
(4) 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
required 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.
(5) 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’.

r
25 Th e Constitutio n of Barbado s s.20
(6 ) Nothin g containe d in or don e unde r the authorit y of any
la w shal l be hel d to be inconsisten t with or in contravention
o f thi s sectio n to the exten t that the law in questio n makes
provision-
(4 (4
(7) whic h is reasonabl y required-
(i) in the interest s of defence , publi c safety , public
order , publi c moralit y or publi c health ; or
(ii) for the purpos e of protectin g the right s and
freedom s of othe r persons , includin g the righ t to observe
an d practis e any religio n withou t the unsolicite d inter-
ventio n of member s of an y othe r religion ; or
wit h respec t to standard s or qualification s to be required
i n relatio n to place s of educatio n includin g any in-
structio n (not bein g religiou s instruction ) give n at such
places.
Reference s in this sectio n to a religio n shal l be construed
a s mcludin g reference s to a religiou s denomination , and
cognat e expression s shal l be construe d accordingly.
20 . (1) Excep t with his ow n consent , no perso n shal l be r”~~~~~O&
hindere d in the enjoymen t of his freedo m of expression , and
expression.
for the purpose s of thi s sectio n the said freedo m include s the
freedo m to hold opinion s withou t interference , freedo m to
receiv e idea s and informatio n withou t interference , freedom
t o communicat e ideas and informatio n withou t interference
an d freedo m from interferenc e with his correspondenc e or
other mean s of communication.
(2 ) Nothin g containe d in or don e unde r the authorit y of any
la w shal l be hel d to be inconsisten t with or in contravention
o f thi s sectio n to the exten t that the law in questio n makes
provision-
(a ) tha t is reasonabl y require d in the interest s of defence,
publi c safety , publi c order , publi c moralit y or public
health ; or
(b) tha t is reasonabl y require d for the purpos e of protecting
th e reputations , right s and freedom s of othe r person s or
th e privat e lives of person s concerne d in lega l pro-
ceedings , preventin g the disclosur e of information
THE LAW S OF BARBADOS
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by authorit y of the Governmen t of Barbados

ss.21-22 The Constitution of Barbados 26
(4
received in confidence, maintaining the authority and
independence of the courts or regulating the adminis-
tration or technical operation of telephony, telegraphy,
posts, wireless broadcasting, television or other means
of communication or regulating public exhibitions or
public entertainments; or
that imposes restrictions upon public officers or members
of a disciplined force.
(1) Except with his own consent, no person shall be
Protection
of freedom of 21.
assembly and hindered in the enjoyment of his freedom of assembly and
association. 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.
(2) 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)
(4
(4
(1) No person shall be deprived of his freedom of move- Protection 22. of freedom of
movement. ment, 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.
(2) 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.
(3) Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention of
“c)
that is reasonably required in the interests of defence,
public safety, public order, public morality or public
health; or
that is reasonably required for the purpose of protecting
the rights or freedoms of other persons; or
that imposes restrictions upon public officers or members
of a disciplined force,
I

27 The Constitution of Barbados s.22
this section to the extent that the law in question makes
provision-
(4
(4
(4
(4 (4
(f>
Cd
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 ;
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 ;
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;
for the imposition of restrictions on the acquisition or use
of land or other property in Barbados;
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 his having been found guilty of a
criminal offence 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 offence or for
proceedings preliminary to trial or for proceedings
relating to
his extradition or lawful removal from
Barbados ;
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 ;
for the removal of persons from Barbados-
(i) to be tried or punished in some other country for a
criminal offence 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
THELAWSOFBAREALWS
Printed in England by Eyre and Spottirwoode Limited, 1 Scrjeantr’ Inn, London EC.+,
by authority of the Government oiBarbadw

s.22 The Constitution of Barbados 28
criminal offence 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 to 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 fulfilment of any obligations imposed
on that person by law.
(4) Where a person’s freedom of movement is restricted by
virtue of such a provision as is referred to in subsection (3) (a),
the following provisions shall apply-
(4
P) (4
(4 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;
not more than fourteen days after the commencement of
the restriction, a notification shall be published in the
Ga.&te stating that his freedom of movement has been
restricted and giving particulars of the provision of law
under which the restriction is authorised;
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;
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

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
L.R.O. 2002 The Constitution of Barbados
entitled to practise in Barbados at attorneys-at-law; 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 practise 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.
(5) On any review by a tribunal in pursuance of subsection (4) of
the case of any person whose freedom of movement has been restricted,
the tribunal may make recommendations concerning the necessity or
expediency of continuing that restriction 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.
23. (1) 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.
(2) In this section the expression “discriminatory” means afford-
ing 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 persons of anothe
r
such description are not made subject or are accorded privileges
or advantages which are not afforded to persons of another such
description.
(3) Subsection (1) (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;
29
Protection
from
discrimina-
tion on
grounds of
race, etc. 1974-34.
s.23

L.R.O. 2002 30 The Constitution of Barbados
(b)with respect to adoption, marriage, divorce, burial, devolution
of property on death or other matters of personal law;
(c) whereby persons of any such description as is mentioned in
subsection (2) 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;
(cc) for the transfer between Barbados and other countries, in accor-
dance with international arrangements entered into by
Barbados, of persons detained in prisons, hospitals or other
institutions by virtue of orders made in the course of the
exercise by courts or tribunals of their criminal jurisdiction;
(d) for authorising 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.
(4) Nothing contained in any law shall be held to be inconsistent
with or in contravention of subsection (1) (a) to the extent that it makes
provision with respect to standards or qualifications (not being stand-
ards or qualifications specifically relating to race, place of origin, p
o-
litical opinion, colour or creed) to be required of any person who is
appointed to any office in the public service, any office in a disci-
plined force, or any office in the service of a local government author-
ity or of a body corporate established by any law for public purposes.
(5) Subsection (1) (b) shall not apply to anything which is expressly
or by necessary implication authorised to be done by any such provi-
sion of law as is referred to in subsection (3) or (4).
2002-14.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
L.R.O. 2002 The Constitution of Barbados
(6) 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 (2) may
be subjected to any restriction on the rights and freedoms guaranteed
by sections 17, 19, 20, 21 and 22, being such a restriction as is
authorised by subsection (2) of section 17, subsection (6) of section
19, subsection (2) of section 20, subsection (2) of section 21 or
subsection (3) of section 22, as the case may be.
(7) Subsection (1)(b) shall not affect any discretion relation 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. 30A
s.23

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
31 L.R.O. 2007 The Constitution of Barbados
24.(1) Subject to the provisions of subsection (6), if any person
alleges that any of the provisions of sections 12 to 23 has been, 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 th
e
High Court for redress.
(2) The High Court shall have original jurisdiction–
(a) to hear and determine any application made by any person in
pursuance of subsection (1); and
(b) to determine any question arising in the case of any person
which is referred to it in pursuance of subsection (3),
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 12 to 23: 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.
(3) 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 12 to 23, 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.
(4) Where any question is referred to the High Court in pursuance
of subsection (3), 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 the
Caribbean Court of Justice, in accordance with the decision of the
Court of Appeal or, as the case may be, of the Caribbean Court of
Justice. s.24 Enforcement
of protective
provisions.
2003-10.

L.R.O. 2007 32 The Constitution of Barbados
(5) 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.
(6) 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;
(c) of the Court of Appeal and the Caribbean Court of Justice in
relation to appeals to the Caribbean Court of Justice from
decisions of the Court of Appeal in the exercise of such
jurisdiction; and
(d) of subordinate courts in relation to references to the High Court
under subsection (3);
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. (7) In this section, “the Court of Appeal” has the same meaning as
it has in section 87.
25. (1) 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
Time of
emergency.
s.25
2005-9.
2005-9.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
33 L.R.O. 2007 The Constitution of Barbados
(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.
(2) A proclamation made by the Governor-General shall not be
effective for the purposes of subsection (1) unless it is declared there
in
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.
(3) 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.
(4) A resolution passed by a House for the purposes of
subsection (1) (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. s.25

L.R.O. 2007 34 The Constitution of Barbados
26.(1) 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 12 to 23 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 30th November 1966 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 12 to 23 in a
manner in which, or to an extent to which, it was not
previously so inconsistent.
(2) In subsection (1) (c), the reference to altering an 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 (1) “written law” includes any
instrument having the force of law; and in this subsection and
subsection (1) references to the repeal and re-enactment of an existin
g
law shall be construed accordingly.
27. (1) 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 than a court established by a disciplinary law, and includes the
Caribbean Court of Justice and–
(a)in section 12, section 13, section 14, subsections (2), (3),
(5), (8), (9) and (10) of section 18, section 22 and
subsection (7) of section 23 includes, in relation to an
offence against a disciplinary law, a court established by such
a law; and
ss.26-27 Saving of
existing law.
Interpreta-
tion.
2003-10.

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
34A L.R.O. 2007 The Constitution of Barbados
(b)in section 13, section 14 and subsection (7) of section 23
includes, in relation to an offence against a disciplinary law,
any person or authority empowered to exercise jurisdiction
in respect of that offence;
“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, mean
s a person entitled to practise as an attorney-at-law 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. s.27
1974-34.

35 The Constitution of Barbados ss.28-29
(2)
References in sections 12, 13, 17 and 22 to a criminal
offence shall be construed as including references to an offence
against a disciplinary law, and such references in subsections
(2) to (7) and (ll)( ) f
a
o section 18 shall, in relation to pro-
ceedings before a court established by a disciplinary law, be
similarly construed.
(3) 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 12 to 23.
CHAPTER IV
THE GOVERNOR-GENERAL
28. There shall be a Governor-General of Barbados who zzp’$!!-
shall be appointed by Her Majesty and shall hold office during office or
Her Majesty’s pleasure and who shall be Her Majesty’s rep- g;z:iy-
resentative in Barbados.
29. (1) Whenever the office of Governor-General is vacant gotzfno,,,
or the holder of the office is absent from Barbados or is for any General.
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.
(2) The holder of the office of Governor-General or any
person designated under paragraph (a) or by paragraph
(b) of
subsection (1) shall not, for the purposes of this section, be
THB LAWS OF BARBADOS
Printed in England by Eyre and Spottiwoodc Limited, 2 Serjeants’ Inn, London EC&
by authority of the Government of Barbados

ss.30-3 1 The Constitution of Barbados 36
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 30.
Deputy to
Govemor-
General. 30. (1) 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
(6) 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.
(2) The power and authority of the Governor-General shall
not be abridged, altered or in any way affected by the appoint-
ment of a deputy under this section, and in the exercise of any
function that is exercisable by the 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 or observed any such instructions shall not be
enquired into in any court.
(3) A person appointed as a deputy under this section shall
hold 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 actjng
in accordance with the advice of the Prime Minister.
Personal
staff of 31. (1) Parliament may prescribe the offices that are to
Governor- constitute the personal staff of the Governor-General, the General. 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.
(2) Any salaries or other sums prescribed under subsection (1)

37 The Constitution of Barbados s.32
are hereby charged on and shall be paid out of the Consolidated
Fund.
(3) Subject to the provisions of subsection (4), power to
make appointments to the offices for the time being prescribed
under subsection (1) as offices that are to constitute the personal
staff of the Governor-General, and to remove and to exercise
disiplinary control over persons holding or acting in any such
office, is hereby vested in the Governor-General acting in his
discretion.
(4) The Governor-General, acting in his discretion, may
appoint to any of the offices prescribed under subsection (1)
such public officers as he may select from a list submitted by the
PubI& Service Commission, .but-
(a) the provisions of subsection (3) shall
to an officer so appointed as respects
personal staff of the Governor-General
his service as a public officer; apply
in relation
his service on the
but not as respects
(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 Com-
mission 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.
(5) All offices prescribed under subsection (1) 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.
32. (1) The Governor-General shall act in accordance with
Exercise of
the advice of the Cabinet or a Minister acting under the general ~~~~$$-
authority of the Cabinet in the exercise of his functions other
functions.
than-
(a) any function which is expressed (in whatever terms)
to be exercisable by him on or in accordance with the
THE LAWS OF BARBADOS
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s.32 The Constitution of Barbados 38
recommendations 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.
(2) Subsection (1) shall not apply to the functions conferred
upon the Governor-General by the following provisions of this
Constitution, that is to say-
(a) section 66(2) (which requires the Governor-General to
revoke the appointment of the Prime Minister in certain
circumstances) ;
(6) the proviso to section 61(2) (which requires the Governor-
General to dissolve Parliament in certain circumstances) ;
and
(c) section 84(4) (which requires the Governor-General to
remove a Judge from office in certain circumstances).
(3) 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 rec-
ommendation :
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), sub-
stitutes therefor a different recommendation, the pro-
visions of this subsection shall apply to that different
recommendation as they apply to the original rec-
ommendation.
(4) 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.

39 L.R.O. 1978 The Constitution of Barbados ss.33-34
(5)
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.
(6) Where the Governor-General is directed to exercise any
function on the recommendations 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 recom-
mendation ;
(c) if the Leader of the Opposition does not concur in the
recommendation the Governor-General shall so inform
the Prime 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 accord-
ance with that advice.
(7) Any reference in this Constitution to the functions of the
Governor-General shall be construed as a reference to his
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.
33. The Governor-General shall keep and use the Public Public seal.
Seal for sealing all things that shall pass the Public Seal.
34. A person appointed to the office of Governor-General or Oaths to be
assuming the functions of that office under section 29 shall, L$z&z,.
before entering upon the duties of that office, take and subscribe General.
the oath of allegiance and an oath for the due execution of the
office of Governor-General in the form set out in the First
Schedule, such oaths being administered by the Chief Justice or
such other Judge as may be designated by the Chief Justice.
THE LAWS OF BARBADOS
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by authority of the Government of Barbados

ss.35-38 The Constitution of Barbados L.R.O. 1978
40
Establish-
ment of
Parliament.
Senate.
Qualifica-
tions for
membership
of Senate.
1974-34.
Disqualifica-
tions for
membership
of Senate.
CHAPTER V
PARLIAMENT
PART 1
Composition of Parliament
35. There shall be a Parliament of Barbados which shall
consist of Her Majesty, a Senate and a House of Assembly.
36. (1) 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.
(2) 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.
(3) 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.
(4) Seven Senators shall be appointed by the Governor-
General, 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 interests and
ought to be consulted.
37. Subject to the provisions of section 38, any person who
at the date of his appointment-
(a) is a citizen of Barbados of the age of twenty-one years
or upwards; and
(6) has been ordinarily resident in Barbados for the im-
mediately preceding twelve months,
shall be qualified to be appointed as a Senator.
38. (1) No person shall be qualified to be appointed as a
Senator who-

41 L.R.O. 1995 The Constitution of Barbados
s.38
fa)
(b)
(c) (4 is a member of the House of Assembly;
is, by virtue of his own act, under any acknowledgment of
allegiance, obedience or adherence to a foreign Power or State;
holds or is acting in the office of a Judge, the Director of Public
Prosecutions or the Auditor-General;
has, within the period of ten years immediately preceding the
1974-34.
proposed date of his appointment as a Senator been convicted
by a court of competent jurisdiction of any criminal offence i%~-i8.
involving dishonesty, and who
(i) has not appealed against that conviction, or
(ii) has appealed against that conviction and whose appeal has
not been allowed, and
(4
(iii) has not received a free pardon in respect of the offence;
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;
is a person certified to be insane or otherwise adjudged to be of
unsound mind under any law in force in Barbados;
has been adjudged or otherwise declared bankrupt under any
law in force in Barbados and has not been discharged; or
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.
(21 Without prejudice to the provisions of subsection (1) (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

s.39
The Constitution of Barbados L.R.O. 1995 42
Tenure ef
seats of
Senators.
1974-34.
1974-34.
Parliament either individually or by reference to a class of office
or appointment;
(ii) he belongs to any amred 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
(3)
(4
Cb)
39. (a)
(b)
(c)
(fj
person that is comprised in any such force.
For the purposes of subsection (1) (e)
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
no account shall be taken of a sentence of imprisonment imposed
as an alternative to or in default of the payment of a fine.
(1) The seat of a Senator shall become vacant
upon the next dissolution of Parliament after he has been
appointed;
if, with his consent , he is nominated as a candidate for election
to the House of Assembly;
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 subsec-
tion (2);
if he ceases to be a citizen of Barbados;
subject to the provisions of subsection (3), 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 (h) of section 38 (1) or of any law enacted in pursuance of
section 38 (2);
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.

43 L.R.O. 1995 The Constitution of Barbados
s.40
(2)
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.
(3) (a) If the circumstances such as are referred to in subsection (1)
1974-34.
(e) arise because a Senator is convicted of any offence involving lw2-18.
dishonesty, 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 circum-
stances 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.
40. (1) When the Senate first meets after any dissolution of Parlia-
President
ment and before it proceeds to the despatch of any other business, it shall
elect a Senator, not being a Minister or Parliamentary Secretary, to be ;i,‘ykyrYf
senate.
President of the Senate; and whenever the office of President becomes
vacant for any reason other than a dissolution of Parliament the Senate
THE LAWS OF BARBADOS
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byfkdwhyd~G~ofEbr~

s.41
The Constitution of Barbados L.R.O. 1995 44
House of
Assembly.
198 l-24.
shall, not’later than its second sitting after the vacancy has arisen, elect
another Senator to fill that office.
(2) 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.
(3) A person shall vacate the office of President or Deputy President
of the Senate
(a) if he announces his 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
of 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 39 (3), 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.
41. (1) The House of Assembly shall consist of twenty-four’ mem-
bers or such greater number of members as Parliament may
prescribe.
(2) 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 this Constitution.
’ S.I. 1990/29 divided Barbados into 28 constituencies.

44A L.R.O . 198 5 The Constitutio n of Barbado s s.41A
41A. (1) Ther e shall be an Electora l and
Commissio n for Barbado s (in this Part
Boundaries Fyl
referred to as the Boundaries
“Commission”).
Commission.
1981-24.
(2 ) Th e Commissio n shall consis t of a Chairman , a deputy
Chairma n and thre e othe r members.
(3 ) Th e Chairma n and two othe r member s of th e Commission
shal l be appointe d by the Governor-General , acting on the
recommendatio n of the Prim e Ministe r afte r consultatio n with
th e Leade r of the Opposition , by instrumen t unde r the Public
Seal , and the deput y Chairma n and one othe r membe r shal l be
appointe d by the Governor-General , acting on the recom-
mendatio n of the Leade r of the Oppositio n after consultation
wit h the Prim e Minister , by instrumen t unde r the Publi c Seal.
(4 ) A perso n shal l no t be qualifie d to hol d offic e as a member
o f the Commissio n if he is a Minister , a Parliamentary
Secretary , a membe r of, or a candidat e for electio n to the House
o f Assembly , a Senato r or a publi c officer.
(5 ) Subjec t to the provision s of thi s section , the offic e of a
membe r of th e Commissio n become s vacant
(a ) at the expiratio n of five year s from the date of his
appointmen t or suc h shorte r perio d as ma y be specifie d in
the instrumen t by whic h he was appointed ; but he is
eligibl e for reappointment;
(b ) wher e any circumstance s arise, that , if he wer e not a
membe r of the Commission , would caus e him to be
disqualifie d for appointmen t as a member ; or
(c ) if he resign s his offic e by writin g under his hand
addresse d to the Governo r -General,
(6 ) Wheneve r a membe r othe r tha n the Chairma n is unable,
b y reaso n of his illness , or for any othe r reason , to perfor m the
function s of hi s office , the Governor-Genera l may in accordance
wit h the manne r prescribe d by subsectio n (3) appoin t a person
TH E LAWS OF BARBADOS
Prmir d by the Governmen t Prmrin p kpsrtmcn, . Ra, Ftreer . SI Michael.
b y the duthont y of the Go+ernmcn r of Barb.idor

to act as a temporary member of the Commission and authorise
him to perform the functions of that office.
(7) If the Chairman is unable, by reason of his illness, or for
any other reason, to perform the functions of his office, the
deputy Chairman shall perform the functions of that office.
(8) The provisions of section 105 (which relate to removal
from office) shall apply to the oflice of a member of the
Commission, and the prescribed authority for the purposes of
subsection (4) of that section shall be the Prime Minister acting
after consultation with the Leader of the Opposition.
(9) At any meeting of the Commission, a quorum shall be
constituted if three members are present; and, if a quorum is
present, the Commission shall not be disqualified for the
transaction of business by reason of any vacancy among its
members or the absence of any member, and any proceedings of
the Commission shall be valid notwithstanding that some person
who was not entitled so to do took part therein.
(10) The Commission may tegulate its own procedure.
(11) Any question proposed for decision at any meeting of
the Commission shall be determined by a majority of the votes of
the members thereof present and voting, and if on any such
question the votes are equally divided, the member presiding
shall have and exercise a casting vote.
Staff of
Commis- 41B. (1) The Commission shall be provided with a staff
sion. adequate for the efficient discharge of its functions.
(2) The salaries and allowances of the staff of the
Commission are hereby charged on and shall be paid out of the
Consolidated Fund.
(3) Notwithstanding the provisions of this section, the
Governor-General, acting in accordance with the advice of the
Commission, may, subject to the consent of the Prime Minister,
confer powers and impose duties on any public officer or any
authority of the Government for the purpose of the discharge of
any of the functions of the Commission.

44C L.R.O. 1991 The Constitution of Barbados
ss.41C-41D
4lC. (1) The registration of voters and the conduct of
FIIIIC~~OIM
elections in every constituency or any matters that appear to the Mdauton-
Commission to be incidental to or consequential upon either, shall s&a.
be subject to the direction and supervision of the Commission.
(2) In the exercise of its functions under this section, the
Commission shall not be subject to the direction or control of any
person or authority.
41D. (1) The Commission shall, in accordance with this procedure
section, review the number and boundaries of the constituencies for~%w
into which Barbados is divided and submit to the Minister for Of cons”-
presentation to each House in accordance with this section reports zLries.
either
(a) showing the constituencies into which it recommends that
Barbados should be divided in order to give effect to the third
rules set out in the Third Schedule; or
Schedule.
(b) stating that, in the opinion of the Commission, no
alteration is required to the existing number or boundaries
of constituencies in order to give effect to the rules
referred to in paragraph
(a).
(2) Reports under subsection (1) shall be submitted by the
Commission
(a) in the case of its first report, not less than one or more than
five years from the date of appointment of members of the
Commission;
(6) in the case of any subsequent report, not less than two or
more than five years from the date of the submission of its
last report.
(3) Not later than two months after the Commission has
submitted a report under subsection (l)(a), the Minister shall lay
before each House for its approval the draft of an order by the
Governor-General for giving effect to the recommendation
contained in the report.
(4) Where the motion for the approval of any draft made
under this section is rejected by either House, or is withdrawn by
leave of each House, the Minister shall amend the draft and lay
the amended draft before each House not later than two months
after the day of its rejection or withdrawal, as the case may be.
THE LAWS OF BARBADOS
Printed by the Government Pxinting Dqwttnent, Bay Sttut. St h4icbaeL
by the whxity of the Government of Barbados

s.41E
The Constitution of Barbados L.R.O. 1991 44D
(5) Where any draft made under this section is approved by
resolution of each House, the Minister shall submit it to the
Governor-General who shall make the order in terms of the draft;
and that order shall come into force on the next dissolution of
Parliament and, until revoked by a further order made by the
Governor-General in accordance with this section, shall have the
force of law.
(6) Nothing in subsection (5) shall be construed as preventing
the publication of any electoral register or any other requirement
connected with the registration of electors from being carried out
in accordance with an order made before that dissolution by the
Governor-General pursuant to that subsection.
(7) The question of the validity of any order by the Governor-
General purporting to be made under this section and reciting that
a draft thereof has been approved by resolution of each House
shall not be inquired into in any court.
Pmectim 41E. (1) The question whether of Eleaoral
and Bounda- (a) the Commission has validly performed any function vested
ties Commis- in it by or under this Constitution; or sion from
legal (b) any member of the Commission or any other person or
ptDCCCditlgS. authority has validly performed any other function in
relation to the work of the Commission,
shall not be inquired into in any court.
1989-16. (2) Nothing in this section shall be construed as preventing
(a) the election of a member of the House of Assembly from
being called in question on the ground that the conduct of
that election was inconsistent with the law providing for
the election of members of the House of Assembly; or
(b) the conduct of any member of the Commission or any
other person or authority from being called into question
on the ground that the conduct of the member or the other
person or authority constitutes an offence under any law
providing for election offences or for the election of
members of the House of Assembly.

45 L.R.O. 1991 The Constitution of Barbados
ss. 42-44
42. (1) The election of members to the House of Assembly Electoral
shall be conducted under the direction and supervision of the law.
Commission.
(2) Any law providing for the election of members of the
1y8~-16.
House of Assembly shall in particular
(a) contain provisions for the division of Barbados into
Constituencies in accordance with any report submitted
under section 41D;
(b) contain provisions designed to ensure that as far as
practicable any person qualified to vote at an election of
members of the House of Assembly, has a reasonable
opportunity of voting;
(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 as far as practicable no person shall vote at an election
of a member of the House of Assembly
(9 who
is not entitled to vote,
(ii) when he is not entitled to vote, or
(iii) where he is not entitled to vote; and
(d) contain provisions pemlitting or restricting political
broadcasts and the allocation of broadcasting time to
political parties.
43. Subject to the provisions of section 44, any person who
Qualifica-
tions for
(a) is a citizen of Barbados of the age of twenty-one years or membership
upwards; and oftbe
Assembly.
(b) has such connection with Barbados by residence therein as
may be prescribed by Parliament,
1974-34.
shall be qualified to be elected as a member of the House of
Assembly.
44. (1) No person shall be qualified to be elected as a member aquai-
of the House of Assembly who
cations for
membership
of the Assembly.
THE LAWS OF BARBADOS
F’tinted by the Govcmmettt Printing ~mnmt, Bay Street, St. Michad.
by the authority of the Government of Barbdos

The Constitution of Barbados L.R.O. 1991 46
1981-24.
(a) is, by virtue of his own act, under any acknowledgement
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) repealed by 1981-24;
(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;
cf) 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 House of Assembly
by or under any law, other than the
Representation of the
People Act
195731 in force in Barbados immediately before
30th November 1966.
(2) Without prejudice to the provisions of subsection (1)
(b),
1974-34. 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
‘Rcpcalcd by Act 1971-15. See now chapter 12 of the Laws 0~0u~budos.

45. (1) The seat of a member of the House of Assembly shall Tenure of
become vacant seats of
members of
ta)
@) upon
the next dissolution of Parliament after he has been Assembly.
appointed;
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;
Cc) 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;
(di
(e, if
he ceases to be a citizen of Barbados;
1974-34.
if he contravenes the provisions of section 59 (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;
subject to the provisions of subsection (2) if any circumstances
arise that, if he were not a member of the House, would cause
47
L.R.O. 1995
The Constitution of Barbados
s.45
(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.
(3) For the purposes of subsection (1)
(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 shah 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.

S.46
The Constitution of Barbados L.R.O. 1995 48
him to be disqualified for election as such by virtue of section 44
(1) or any law enacted in pursuance of section 44 (2);
1974-34. (g) if he is expelled from the House in accordance with any enact-
ment relating to the House and the Standing Orders of the House.
1974-34. (2) (a) If circumstances such as are referred to in subsection (1) cf) 1992-18. arise because a member is convicted of any criminal offence involving
dishonesty, 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, from
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 con-
tinue 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 circum-
stances as aforesaid cease to exist, his seat shall not becomevacant on the
expiration of the period referred to in paragraph
(a) and he may resume
the performance of his functions as a member.
Determina- 46. (1) Any question whether tion of
questions of (a) any person has been validly appointed as a Senator; or
membership
of Senate and (6) any person has vacated his seat as a Senator or is required under
Assembly. the provisions of paragraph (a) of section 39 (3) to cease to
perform his functions as a Senator,
shall be determined by the High Court, whose decision shall be final.

49 &.R.O.1985 The Constitution of Barbados ss.47-48
(2) 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 45(2) 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.
47. (1) Whenever any person vacates his seat as a Senator
Filling of
for any reason other than a dissolution of Parliament, the casual.
Governor-General shall appoint a person to fill the vacancy ~“~~~$
under the same provisions of section 36 as the person whose seat
Assembly.
has become vacant was appointed.
(2) Whenever any person vacates his seat as a member 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 2
Powers and Procedure of Parliament
48. (1) Subject to the provisions of this Constitution, ~~y~r,;~,
Parliament may make laws for the peace, order and good 1 .
government of Barbados.
(2) Without prejudice to the generality of subsection (1) and
subject to the provisions of subsection (3), Parliament may by
law determine the privileges, immunities and powers of the
Senate and the House of Assembly and the members thereof.
(3) 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.
THE LAWS OF BARBADOS Printed by the Government Printing Department. Bay Street, St. Michael,
by the authority of the Government of Barbados

s.49 The Constitwtion of Barbados L.R.O. 1985 50
Alteration
of this 49. (1) Subject to the provisions of this section, Parliament
Constitution may, by an Act of Parliament passed by both Houses, alter this
Constitution.
(2) Subject to the provisions of subsection (3), 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 1;
(b) Chapter II;
(c) Chapter III;
1981-24. (d) sections 28, 32, 35 to 39, 41, 41A to 41E, 42, 48,
60(2), 61,62,63 and 76 to 79 (other than subsection (7) of
section 79);
(e) Chapter VII (other than section 83);
v) Chapter VIII;
,
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.
(3) Subsection (2) 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 or for the
establishment of some other form of constitutional association
between Barbados and any other part of the Common-
wealth.
(4) A Bill for an Act of Parliament under this section to
which subsection (2) 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.
(5) In this section
(a) references to this Constitution or to any particular
provision thereof include references to any other law

51 The Constitution of Barbados ss.50-52
r
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.
(6) 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.
(7) Nothing in subsection (2) shall be construed as including
any of the provisions of the First Schedule or the Second
Schedule among the provisions specified in that subsection.
50. (1) Subject to the provisions of this Constitution, each
Regulation
House may regulate its own procedure and for this purpose rJprocedu’c
may make Standing Orders.
Parliament.
(2) 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.
51. (1) The President or, in his absence, the Deputy President
fiesiding
or, if they are both absent, a member of the Senate (not being In Senate*
a Minister or a Parliamentary Secretary) elected by the Senate
for the sitting shall preside at any sitting of the Senate.
(2) 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.
52. (1) If at any time during a sitting of the Senate objection
Quorum of
is taken by a member that there is not a quorum present and, Senate.
THE LAWS OF BARBADOS
Printed in En&and by Eyre and Spottiswoode Limited, 1 Serjeants’ Inn, London EC4,
by authority of the Government of Barbados
Laws of Barbados-Vol. I-S+. 5

ss.53-54 The Constitution of Barbados 52
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.
(2) For the purposes of this section a quorum of the Senate
shall consist of eight Senators besides the person presiding.
Voting in
Senate. 53. Save as is otherwise provided in this Constitution, all
questions proposed for decision in the Senate shall be deter-
mined 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.
Introduction
of Bills, etc. 54. (1) Subject to the provisions 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.
(2) A Bill other than a Money Bill may be introduced in
either House, but a Money Bill shall not be introduced in the
Senate.
(3) Except on the recommendation of the Cabinet signified
by a Minister, the House of Assembly shall not-
(4
(4 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
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.
i

53 The Constitution of Barbados ss.55-56
(4)
(4
(b)
55. The
Senate shall not-
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
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.
(1) Subject to the provisions of this Constitution, if a Restriction r
Money Bill, having been passed by the House of Assembly and ~~~~,“,~
sent to the Senate at least one month before the end of the
Money Bills.
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.
(2) 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 (1) 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.
56. (1) If any Bill other than a Money Bill is passed by the
Restrictions
House of Assembly in two successive sessions (whether or not E$rzttf
Parliament is dissolved between those sessions) and, having
Bills other
been sent to the Senate in each of those sessions at least one gg.Money
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 :
THE LAWS OF BARBADOS
Printed in England by Eyre and Spottiswoode Limited, a Serjcantn’ Inn, London EC4 by authority of the Government of Barbados

s.57 The Constitution of Barbados 54
Provided that the foregoing provisions of 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.
(2) For the purposes of this section a Bill that it 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 has 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.
(3) 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 without inserting the amend-
ments 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.
(4) There shall be inserted in any Bill that is presented to the
Governor-General for assent in pursuance of this section any
amendments 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.
(5) 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.
(6) The provisions of this section shall not apply to a Bill
which is required by section 49 to be passed by both Houses.
Provisions
relating to 57. (1) In sections 54, 55 and 56 “ Money Bill ” means a
sections 54, public Bill which, in the opinion of the Speaker, contains only 55 and 56. provisions dealing with all or any of the following matters,

55 The Constitution of Barbados s.58
r
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.
(2) For the purposes of section 56, 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.
(3) Whenever the office of Speaker is vacant or the Speaker
is for any reason unable to perform any function conferred
upon him by subsection (1) or by section 55 or 56, that function
may be performed by the Deputy Speaker.
(4) Any certificate of the Speaker or Deputy Speaker given
under section 55 or 56 shall be conclusive for all purposes and
shall not be questioned in any court.
58. (1) A Bill shall not become law until the Governor- g~tto
General has assented thereto in Her Majesty’s name and on
.
Her Majesty’s behalf and has signed it in token of such assent.
(2) Subject to the provisions of sections 55 and 56, a Bill shall
be presented 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.
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ss.59-61 The Constitution of Barbados 56
Oath of
allegiance.
Sessions of
Parliament.
Prorogation
and dis-
solution of
Parliament.
(3) When a Bill is presented to the Governor-General for
assent he shall signify that he assents or that he withholds
assent.
59. 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.
PART 3
Summoning, Prorogation and Dissolution
60. (1) Each session of Parliament shall be held at such
place and commence at such time as the Governor-General
may appoint.
(2) The time appointed for the commencement of any
session of Parliament shall be such that a period of six months
does not intervene between the end of one session and the first
sitting of Parliament in the next session.
61. (1) The Governor-General, acting in accordance with
the advice of the Prime Minister, may at any time by pro-
clamation prorogue Parliament.
(2) The Governor-General, acting in accordance with the
advice of the Prime Minister, may at any time by proclamation
dissolve Parliament :
Provided that if the office of Prime Minister is vacant and
the Governor-General considers that there is no prospect of his
being able within a reasonable time to appoint to that office a
person who can command the confidence of a majority of the
members of the House of Assembly, he shall dissolve Parliament.
(3) Subject to the provisions of subsection (4), Parliament,
unless sooner dissolved, shall continue for five years from the
date of its first sitting after any dissolution and shall then stand
dissolved.
(4) At any time when Barbados is at war, Parliament may
extend the period of five years specified in subsection (3) for
not more than twelve months at a time:

57 The Constitution of Barbados ss.62-63
f
Provided that the life of Parliament shall not be extended
under this subsection for more than two years.
(5) If, between a dissolution of Parliament and the next
ensuing general election of members to the House of Assembly,
an emergency arises of such a nature that, in the opinion of the
Prime Minister, it is necessary for the two Houses or either of
them to be summoned before that general election can be held,
the Governor-General, acting in accordance with the advice
of the Prime Minister, may summon the two Houses of the
preceding Parliament, and that Parliament shall thereupon be
deemed (except for the purposes of section 62) not to have
been dissolved but shall be deemed (except as aforesaid) to be
dissolved on the date on which the polls are held in the next
ensuing general election.
62. (1) After every dissolution of Parliament the Governor- C$;;E and
General shall issue writs for a general election of members of appointment
the House of Assembly returnable within ninety days from of senators.
that dissolution.
(2) As soon as may be after every general election the
Governor-General shall proceed under section 36 to the
appointment of Senators.
CHAPTER VI
EXECUTIVE POWERS
63. (1) The executive authority of Barbados is vested in Executive
Her Majesty. authority of
Barbados.
(2) Subject to the provisions of this Constitution, the
executive authority of Barbados may be exercised on behalf of
Her Majesty by the Governor-General either directly or
through officers subordinate to him.
(3) Nothing in this section shall prevent Parliament from
conferring functions on persons or authorities other than the
Governor-General.
THB LAWS OF BARBADOS
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by authority of the Government of Barbados

ss.64-66 The Constitution of Barbados 58
Cabinet.
64. (1) There shall be a Cabinet for Barbados which shall
consist of the Prime Minister and not less than five other
Ministers appointed in accordance with the provisions of
section 65.
(2) The Cabinet shall be the principal instrument of policy
and shall be charged with the general direction and control of
the government of Barbados and shall be collectively responsible
therefor to Parliament.
Appointment
of Ministers. 65. (1) Whenever the Governor-General has occasion to
appoint a Prime Minister he shall, acting in his discretion,
appoint the member of the House of Assembly who, in his
judgment, is best able to command the confidence of a majority
of the members of that House.
(2) The other Ministers shall be appointed by the Governor-
General, acting in accordance with the advice of the Prime
Minister, from among the members of the two Houses.
(3) Subsections (1) and (2) shall have effect in relation to
any period between a dissolution of Parliament and the day
on which the next election of members of the House of Assembly
is held as if Parliament had not been dissolved.
(4) Appointments under this section shall be made by
instrument under the Public Seal.
Tenure of
office of
Ministers. 66. (1) The office of Prime Minister shall become vacant-
(a) if he ceases to be a member of the House of Assembly for
any reason other than a dissolution of Parliament;
(b) when, after an election of members of the House of
Assembly following any dissolution of Parliament and
before that House first meets thereafter, the Prime
Minister is informed by the Governor-General, acting in
his discretion, that the Governor-General is about to
re-appoint him as Prime Minister or appoint another
person as Prime Minister; or
(c) if the Governor-General revokes his appointment in
accordance with the provisions of subsection (2).
(2) If the House of Assembly by a resolution which has
received the affirmative vote of a majority of all the members
P
/

59 The Constitution of Barbados ss.67-68
thereof resolves that the appointment of the Prime Minister
ought to be revoked and the Prime Minister does not within
three days of the passing of the resolution either resign or
advise the Governor-General to dissolve Parliament, the
Governor-General shall, by instrument under the Public Seal,
revoke the appointment of the Prime Minister.
(3) The office of a Minister, other than the office of Prime
Minister, shall become vacant-
(a) upon the appointment or re-appointment of any person
to the office of Prime Minister;
(b) if his appointment to his office is revoked by the
Governor-General, acting in accordance with the advice
of the Prime Minister, by instrument under the Public
Seal ;
(c) if, for any reason other than a dissolution of Parliament,
he ceases to be a member of the House of which he was a
member at the date of his appointment as a Minister; or
(d) if he is not a member of either House at the date of the
first sitting of Parliament after a dissolution of Parliament.
67. (1) Whenever the Prime Minister is unable, by reason ;Ffoirmtnce
of his illness or absence from Barbados, to perform the functions Minister’s
of his office, the Governor-General may, by instrument under functjons in
the Public Seal, authorise any other Minister who is a member c-evmts*
of the House of Assembly to perform the functions conferred
on the Prime Minister by this Constitution (other than the
functions conferred by subsection (3) ) .
(2) The Governor-General may, by instrument under the
Public Seal, revoke any authority given under this section.
(3) The powers conferred on the Governor-General by this
section shall be exercised by him acting in his discretion if in
his opinion it is impracticable to obtain the advice of the
Prime Minister owing to the Prime Minister’s illness or absence,
and in any other case shall be exercised by the Governor-
General in accordance with the advice of the Prime Minister.
68. (1) Whenever a Minister other than the Prime Minister
Te.mporary
is unable, by reason of his illness or absence from Barbados, to MmnterJ.
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ss.69-72 The Constitution of Barbados 60
Oaths to be
taken by
Ministers.
Presiding
in Cabinet.
Governor-
General to
be informed
concerning
matters of
government.
Assignment of rcsponsi-
bilities to
Ministers.
perform the functions of his office, the Governor-General may,
by instrument under the Public Seal, appoint a member of the
Senate or the House of Assembly to be a temporary Minister
and authorise him to perform the functions of that office:
Provided that this subsection shall have effect in relation to
any period between a dissolution of Parliament and the day
on which the next election of members of the House of Assembly
is held as if Parliament had not been dissolved.
(2) Subject to the provisions of section 66(3), a temporary
Minister shall hold office until he is notified by the Governor-
General, by instrument under the Public Seal, that the Minister
on account of whose inability to perform the functions of his
office he was appointed is again able to perform those functions
or until that Minister vacates his office.
(3) The powers conferred on the Governor-General by this
section shall be exercised by him in accordance with the
advice of the Prime Minister.
69. The Prime Minister and every other Minister shall,
before entering upon the duties of his office, take before the
Governor-General the oath of allegiance and an oath for the
due execution of his office in the form set out in the First
Schedule.
70. The Prime Minister shall, so far as is practicable, attend
and preside at all meetings of the Cabinet and in his absence
such other Minister shall preside as the Prime Minister shall
appoint.
71. The Prime Minister shall keep the Governor-General
.
fully Informed concerning the general conduct of the govern-
ment of Barbados and shall furnish the Governor-General with
such information as the Governor-General, acting in his
discretion, may request with respect to any particular matter
relating to the government of Barbados.
72. (1) Subject to the provisions of this Constitution, the
Governor-General, acting in accordance with the advice of the
Prime Minister, may, by
directions in writing, assign to
“r
“J

61 The Constitution of Barbados ss.73-74
the Prime Minister or any other Minister responsibility for any
business of the Government, including the administration of
any department of the Government:
Provided that one such other Minister (who shall be styled
Attorney-General) shall be assigned the functions of principal
legal adviser to the Government.
r (2)
Nothing in this section shall empower the Governor-
General to confer on any Minister authority to exercise any
power or to discharge any duty that is conferred or imposed
by this Constitution or any other law on the Governor-General
or any person or authority other than that Minister.
73. (1) The Governor-General, acting in accordance with Parlia-
the advice of the Prime Minister, may, by instrument under ~e~~~i~.
the Public Seal, appoint from among the members of the two
Houses Parliamentary Secretaries to assist Ministers in the
discharge of their functions :
Provided that this subsection shall have effect in relation
to any period between a dissolution of Parliament and the day
on which the next election of members of the House of Assembly
is held as if Parliament had not been dissolved.
(2) The provisions of section 66(3) and section 69 shall apply
to Parliamentary Secretaries as they apply to Ministers.
74. (1) There shall be a Leader of the Opposition, who shall Leade: pf the
be appointed by the Governor-General by instrument under oppos”on*
the Public Seal.
L. (2)
Whenever the Governor-General has occasion to appoint
a Leader of the Opposition he shall appoint the member of the
House of Assembly who, in his judgment, is best able to com-
mand the support of a majority of those members who do not
support the Government, or
if there is no such person, the
member of that House who, in his judgment, commands the
support of the largest single group of such members who are
prepared to support one leader:
Provided that this subsection shall have effect in relation to
any period between a dissolution of Parliament and the day
THF. LAWS OF BARBADOS
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s.75 The Constitution of Barbados 62
on which the next election of members of the House of Assembly
is held as if Parliament had not been dissolved.
(3) The office of Leader of the Opposition shall become
vacant-
(a) if, after an election of members of the House of Assembly
following any dissolution of Parliament and before that
House first meets thereafter, he is informed by the
Governor-General that the Governor-General is about
to appoint another person as Leader of the Opposition;
(b) if he ceases to be a member of the House of Assembly
for any reason other than a dissolution of Parliament;
or
(c) if his appointment is revoked under the provisions of
subsection (4).
(4) If, in the judgment of the Governor-General, the Leader
of the Opposition no longer is able to command the support of
a majority of those members of the House of Assembly who do
not support the Government, or, as the case may be, the
support of the largest single group of such members who are
prepared to support one leader, the Governor-General may
revoke the appointment of the Leader of the Opposition.
(5) In the exercise of his functions under this section the
Governor-General shall act in his discretion:
Provided that, except during any period such as is mentioned
in subsection (3)
(a), if the Governor-General considers that it is
doubtful whether a person commands such support as is
mentioned in subsection (2) he shall, in determining the
question, act in accordance
with the advice of the Speaker.
Certain
. .
~~~~“,;r” In 75.
During any period in which there is a vacancy in the
office of Leader of the Opposition by reason of the fact that no
Leader of opposition. person is both qualified in accordance with this Constitution
for, and willing to accept, appointment to that office, the
Governor-General shall-
(a) act in his discretion in the exercise of any function in
respect of which it is provided in this Constitution that
the Governor-General shall act in accordance with the
advice of the Leader of the Opposition; and

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63 L.R.O. 2002 The Constitution of Barbados
(b)act on the recommendation of the Prime Minister in the
exercise of any function in respect of which it is provided in
this Constitution that the Governor-General shall act on the
recommendation of the Prime Minister after consultation with
the Leader of the Opposition.
76. (1) There shall be a Privy Council for Barbados which shall
consist of such persons as the Governor-General, after consultation with
the Prime Minister, may appoint by instrument under the Public Seal.
(2) The Privy Council shall have such powers and duties as may be
conferred or imposed upon it by this Constitution or any other law.
(3) The office of a member of the Privy Council appointed under
this section shall become vacant
(a) at the expiration of fifteen years from the date of his appointment or
such shorter period as may be specified in the instrument by which
he was appointed;
(b) when he attains the age of seventy-five; or
(c) if his appointment is revoked by the Governor-General, acting after
consultation with the Prime Minister, by instrument under the
Public Seal.
77. (1) The Privy Council shall not be summoned except by the
authority of the Governor-General acting in his discretion.
(2) The Governor-General shall, so far as is practicable, attend and
preside at all meetings of the Privy Council.
(3) Subject to the provisions of this Constitution, the Privy Council
may regulate its own procedure.
(4) The question whether the Privy Council has validly performed any
function vested in it by this Constitution shall not be inquired into an
y court.
78. (1) The Governor-General may, in Her Majesty’s name and on
Her Majesty’s behalf—
Privy
Council.
Proceedings
of Privy
Council.
Prerogative
of mercy.
ss.76-78

L.R.O. 2002 The Constitution of Barbados 64
(a) grant to any person convicted of any offence against the law of
Barbados a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified
period, from the execution of any punishment imposed on that
person for such an offence;
(c) substitute a less severe form of punishment for that imposed
on any person for such an offence; or
(d) remit the whole or part of any punishment imposed on any
person for such an offence or any penalty or forfeiture other-
wise due to the Crown on account of such an offence.
(2) The Governor-General shall, in the exercise of the powers
conferred on him by subsection (1) or of any power conferred on him
by any other law to remit any penalty or forfeiture due to any person
other than the Crown, act in accordance with the advice of the Privy
Council.
(3) Where any person has been sentenced to death for an offence
against the law of Barbados, the Governor-General shall cause a
written report of the case from the trial judge, together with such othe
r
information derived from the record of the case or elsewhere as the
Governor-General may require, to be forwarded to the Privy Council
so that the Privy Council may advise him on the exercise of the
powers conferred on him by subsection (1) in relation to that person.
(4) The power of requiring information conferred upon the
Governor-General by subsection (3) shall be exercised by him on the
recommendation of the Privy Council or, in any case in which in his
judgment the matter is too urgent to admit of such recommendation
being obtained by the time within which it may be necessary for him
to act, in his discretion.
(5) A person has a right to submit directly or through a legal or
other representative written representation in relation to the exercise
by the Governor-General or the Privy Council of any of their respec-
tive functions under this section, but is not entitled to an oral hearin
g.
2002-14.
s.78

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64A L.R.O. 2002 The Constitution of Barbados
(6) The Governor-General, acting in accordance with the advice
of the Privy Council, may by instrument under the Public Seal direct
that there shall be time-limits within which persons referred to in
subsection (1) may appeal to, or consult, any person or body of
persons (other than Her Majesty in Council) outside Barbados in
relation to the offence in question; and, where a time-limit that applies
in the case of a person by reason of such a direction has expired, the
Governor-General and the Privy Council may exercise their
respective functions under this section in relation to that person,
notwithstanding that such an appeal or consultation as aforesaid
relating to that person has not been concluded.
(7) Nothing contained in subsection (6) shall be construed as
being inconsistent with the right referred to in paragraph (c) of
section 11.
79.(1) There shall be a Director of Public Prosecutions whose
office shall be a public office.
(2) The Director of Public Prosecutions shall, subject to section
79A, have power in any case in which he considers it desirable so to
do—
(a)to institute and undertake criminal proceedings against any
person before any court other than a court-martial in respect of
any offence against the law of Barbados;
(b)to take over and continue any such criminal proceedings that
may have been instituted by any other person or authority; and 2002-14.
2002-14.
Establish-
ment of
office and
functions of
Director of
Public
Prosecu-
tions.
1974-34.
s.79

THE LAWS OF BARBADOS
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65 L.R.O. 2007 The Constitution of Barbados
(c)to discontinue at any stage before judgment is delivered any
such criminal proceedings instituted or undertaken by himself
or any other person or authority.
(3) The powers of the Director of Public Prosecutions under
subsection (2) may be exercised by him in person or through other
persons acting under and in accordance with his general or special
instructions.
(4) Subject to section 79A, the powers conferred upon the
Director of Public Prosecutions by paragraphs (b) and (c) of
subsection (2) shall be vested in him to the exclusion of any other
person or authority:
Provided that, where any other person or authority has instituted
criminal proceedings, nothing in this subsection shall prevent the
withdrawal of those proceedings by or at the instance of that person or
authority and with the leave of the court.
(5) Subject to section 79A, in the exercise of the powers conferred
upon him by this section the Director of Public Prosecutions shall not
be subject to the direction or control of any other person or authority.
(6) For the purposes of this section, any appeal from any
determination in any criminal proceedings before any court, or any
case stated or question of law reserved for the purposes of any such
proceedings, to any other court or to the Caribbean Court of Justice
shall be deemed to be part of those proceedings.
(7) The Director of Public Prosecutions shall not enter upon the
duties of his office until he has taken and subscribed the oath of
allegiance and an oath for the due execution of his office in the form
set out in the First Schedule . s.79
1974-34.
1974-34.
2003-10.

L.R.O. 2007 66 The Constitution of Barbados
79A.(1) The Attorney-General may, in the case of any offence
to which this section applies, give general or special directions to the
Director of Public Prosecutions as to the exercise of the powers
conferred upon the Director of Public Prosecutions by section 79, and
the Director of Public Prosecutions shall act in accordance with those
directions.
(2) This section applies to –
(a) offences under the laws of Barbados relating to –
(i) piracy,
(ii) trading or otherwise dealing in slaves,
(iii) foreign enlistment,
(iv) publications calculated to interfere with the peaceful
relations of Barbados with foreign states,
(v) high treason, treason, misprision of treason or treachery,
(vi) sedition or seditious meetings,
(vii) official secrets,
(viii) mutiny or incitement to mutiny,
(ix) unlawful oaths; and
(b) any offence under an enactment relating to any right or
obligation of Barbados under international law.
s.79A Attorney-
General
may give
directions to
Director of
Public
Prosecutions
in the case
of certain
offences.
1974-34.
1990-17.

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by the authority of the Government of Barbados
67 L.R.O. 2007 The Constitution of Barbados
CHAPTER VII
THE JUDICATURE
P
ART 1
The Caribbean Court of Justice, the Supreme Court and the Magistrate’s Courts
79B. For the purposes of this Chapter,
“Agreement” means the Agreement establishing the Caribbean Court of Justice, to which Barbados is a party, and which was signed at
Bridgetown, Barbados on 14th February, 2002;
“Court” means the Caribbean Court of Justice;
“Regional Judicial and Legal Services Commission” or “Commission” means the Commission established by Article V of the
Agreement;
“Treaty” means the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market
and Economy,
(a)which was signed in the Bahamas on 5th July, 2001; and
(b) to which Barbados is a party.
79C. There is established a Judicature consisting of
(a) the Caribbean Court of Justice established by the Agreement;
and
(b) the Supreme Court and Magistrate’s Courts,
which shall exercise jurisdiction under this Constitution or any other
law. ss.79B-79C
Interpreta-
tion.
2003-10.
2005-9.
Establish-
ment of
Judicature.
2003-10.

L.R.O. 2007 68 The Constitution of Barbados
79D.(1) The Caribbean Court of Justice
(a) shall have exclusive and compulsory jurisdiction in
(i) disputes between Contracting Parties to the Agreement;
(ii)disputes between any Contracting Parties to the
Agreement and the Community;
(iii) referrals from national courts or tribunals of Contracting Parties to the Agreement;
(iv) applications by persons in accordance with the Caribbean
Court of Justice Act ,
concerning the interpretation and application of the Treaty;
(b) shall have exclusive jurisdiction
(i) to deliver advisory opinions concerning the interpretation
and application of the Treaty upon the request of
Contracting Parties or the Community;
(ii) where there is a dispute as to whether the Court has
jurisdiction in a matter, to decide whether the Court has
such jurisdiction; and
(c) shall be the final Court of Appeal from any decision given by
the Court of Appeal.
(2) Where a court or tribunal is seised of an issue whose
resolution involves a question concerning the interpretation or
application of the Treaty, the court or tribunal shall, if it considers that
a decision on the question is necessary to enable it to deliver
judgment, before delivering judgment, refer the question to the Court
for determination.
(3) The Court shall be a superior court of record and, save as
otherwise provided by Parliament, shall have all the powers of such a
court.
(4) A decision of the Court concerning Barbados shall be enforced
in Barbados in like manner as if it were a decision of the High Court.
s.79D The
Caribbean
Court of
Justice.
2003-10.
2005-9.
2005-9.
2005-9. Cap. 117.

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79E. (1) The Judges of the Court shall be the President and not
more than 9 other Judges, of whom at least 3 shall possess expertise in
international law, including international trade law.
(2) The determination of any matter before the Court shall be
determined by a majority of the Judges hearing the case.
(3) The Court may sit in such divisions as the President directs,
and a Judge may sit in every division.
79F. (1) The President of the Court shall be appointed by the
qualified majority vote of three-quarters of the Contracting Parties to
the Agreement on the recommendation of the Commission.
(2) A Judge of the Court other than the President shall be appointed
by the majority vote of all the members of the Regional Judicial and
Legal Services Commission.
(3) The qualification for appointment of the President and a Judge
shall be as prescribed by law.
(4) A Judge of the Court shall not enter upon the duties of his
office until he has taken and subscribed the judicial oath in the form
set out in the First Schedule .
79G . (1) The President of the Court shall hold office for
(a) a term of 7 years; or
(b) until he attains the age of 72 years or sooner resigns or retires,
whichever is the earlier. (2) A Judge of the Court shall hold office until he attains the age
of 72 years or sooner resigns or retires.
(3) Notwithstanding that
(a) he has attained the age at which he is required by the
provisions of this section to vacate his office; or ss.79E-79G Constitution
of the
Caribbean
Court of
Justice.
2003-10.
2005-9.
Appoint-
ment of
Judges.
2003-10.
2005-9.
First
Schedule.
Tenure of
office of
Judges.
2003-10.
2005-9. 2005-9.

L.R.O. 2007 70 The Constitution of Barbados
(b)he has retired or resigned before reaching such age,
the President or other Judge of the Court may sit as a Judge for the
purpose of delivering judgment or doing any other thing in relation to
proceedings which were commenced before him before he attained
that age or, as the case may be, retired or resigned.
79H. A Judge may be removed from office only for inability to
perform the functions of his office, whether arising from illness or any
other cause or for misbehaviour, and shall not be so removed except in
accordance with such provisions as are prescribed by law.
79I. The resignation or retirement of a Judge shall be in
accordance with provision prescribed by law.
80. (1) The Supreme Court shall consist of the Court of Appeal
and the High Court, and shall have such jurisdiction, powers and
authority as may be conferred upon those courts respectively by this
Constitution or any other law.
(2) The Judges of the Supreme Court shall be the Chief Justice
and such number of Justices of Appeal and Judges of the High Court
as may be prescribed by Parliament.
(3) No office of Judge shall be abolished while there is a
substantive holder thereof.
(4) The Supreme Court shall be a superior court of record and,
save as otherwise provided by Parliament, shall have all the powers of
such a court.
81. (1) The Chief Justice and other Judges of the Supreme Court
shall be appointed by the Governor-General, by instrument under the
Public Seal, on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition.
ss.79H-81
Removal
of Judges.
2003-10.
Resignation
and
retirement of
Judges.
2003-10.
Establish-
ment of
Supreme
Court.
2003-10.
2005-9.
1990-17.
1990-17.
Appoint-
ment of
Judges.
1974-34.
1990-17.

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(2) The qualifications for appointment as a Judge shall be such as
may be prescribed by any law for the time being in force:
Provided that a person who has been appointed as a Judge may
continue in office notwithstanding any subsequent variations in the
qualifications so prescribed.
82. (1) If the office of Chief Justice is vacant or if the holder
thereof is performing the functions of the office of Governor-General
or is for any other reason unable to perform the functions of his office,
then, until a person has been appointed to that office and assumed its
functions or, as the case may be, until the holder thereof has resumed
those functions, they shall be performed by such other person,
qualified under section 81(2) for appointment as a Judge, as the
Governor-General, acting on the recommendation of the Prime
Minister, may appoint to act as Chief Justice by instrument under the
Public Seal.
(2) If the office of a Justice of Appeal or Judge of the High Court
is vacant, or if any such Judge is appointed to act as Chief Justice or
is
for any reason unable to perform the functions of his office, or if the
Chief Justice advises the Governor-General that the state of business
of the Supreme Court so requires, the Governor-General, acting in
accordance with the advice of the Prime Minister, may, by instrument
under the Public Seal, appoint a person qualified under section 81(2)
for appointment as a Judge to act as a Judge; and any person so
appointed shall continue to act until his appointment is revoked by the
Governor-General, acting in accordance with the advice of the Prime
Minister.
(3) A person may be appointed under the provisions of this
section to act as Chief Justice or other Judge notwithstanding that he
has attained the age at which that office is required by section 84(1) to
be vacated by the holder thereof.
(4) Any person so appointed may, notwithstanding that the period
of his appointment has expired or his appointment has been revoked,
sit as a Judge for the purpose of delivering judgment or doing any
other thing in relation to proceedings which were commenced before
him while he was acting as such. s.82
Acting
Judges.
1974-34.
1974-34. 1990-17.

L.R.O. 2007 72 The Constitution of Barbados
83.A Judge shall not enter upon the duties of his office until he
has taken and subscribed the oath of allegiance and the judicial oath in
the form set out in the First Schedule.
84. (1) Subject to the following provisions of this section, a
person holding the office of a Judge shall vacate office when he
attains,
(a) in the case of a Judge of the High Court other than the Chief
Justice, the age of sixty-five years; and
(b) in the case of the Chief Justice and a Justice of Appeal, the age
of seventy years.
(1A) Notwithstanding subsection (l), the Governor-General,
acting on the recommendation of the Prime Minister, may permit
(a) a Judge of the High Court, other than the Chief Justice, who
has attained the age of sixty-five years, or
(b) the Chief Justice or a Justice of Appeal who has attained the
age of seventy years,
to continue in office until he has attained, in the case of a Judge of the
High Court such later age, not exceeding sixty-seven years and, in the
case of any other Judge, such later age, not exceeding seventy-two
years, as may have been agreed between the Governor-General and
the Judge of the High Court or other Judge. (2) Notwithstanding that he
(a) has attained the age at which he is required by the provisions
of this section to vacate his office; or
(b) has retired or resigned before reaching such age,
a person may sit as a Judge for the purpose of delivering judgment or
doing any other thing in relation to proceedings which were commenced
before him before he attained that age or, as the case may be, retired or
resigned.
ss.83-84 Oaths to be
taken by
Judges.
First
Schedule.
Tenure of
office of
Judges.
1990-17.

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
L.R.O. 2007 The Constitution of Barbados
(3) A Judge may be removed from office only for inability to
discharge the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour, and shall not
be so removed except in accordance with the provisions of
subsection (4).
(4) A Judge shall be removed from office by the Governor-
General, by instrument under the Public Seal, if the question of the
removal of that Judge from office has, at the request of the Governor-
General made in pursuance of subsection (5), been referred by him to
the Caribbean Court of Justice and the Court has advised the
Governor-General that the Judge ought to be removed from office for
inability as aforesaid or for misbehaviour.
(5) If the Prime Minister (in the case of the Chief Justice) or the
Chief Justice after consultation with the Prime Minister (in the case o
f
any other Judge) advises the Governor-General that the question of
removing a Judge from office for inability as aforesaid or for
misbehaviour ought to be investigated, then
(a) the Governor-General shall appoint a tribunal, which shall
consist of a Chairman and not less than two other members,
selected by the Governor-General in accordance with the
advice of the Prime Minister (in the case of the Chief Justice)
or of the Chief Justice (in the case of any other Judge) from
among persons who hold or have held office as a judge of a
court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court;
(b) that tribunal shall enquire into the matter and report on the
facts thereof to the Governor-General and advise the
Governor-General whether he should request that the question
of the removal of that Judge should be referred by the
Governor-General to the Caribbean Court of Justice; and
(c) if the tribunal so advises, the Governor-General shall request
that the question should be referred accordingly. s.84
2003-10.
2003-10.
72A

L.R.O. 2007 The Constitution of Barbados
(6) The provisions of the Second Schedule shall apply in relation
to tribunals appointed under subsection (5).
(7) If the question of removing a Judge from office has been
referred to a tribunal appointed under subsection (5), the Governor-
General, acting in accordance with the advice of the Prime Minister
(in case of the Chief Justice) or of the Chief Justice after the Chief
Justice has consulted with the Prime Minister (in the case of any other
Judge), may suspend the Judge from performing the functions of his
office.
(8) Any such suspension may at any time be revoked by the
Governor-General, acting in accordance with the advice of the Prime
Minister or the Chief Justice (as the case may be), and shall in any
case cease to have effect
(a) if the tribunal advises the Governor-General that he should not
request that the question of the removal of the Judge from
office should be referred by the Governor-General to the
Caribbean Court of Justice; or
(b) the Caribbean Court of Justice advises the Governor-General
that the Judge ought not to be removed from office.
(9) The provisions of this section shall be without prejudice to the
provisions of section 82(2).
P
ART 2
Appeals
85. (1) Subject to the provisions of subsection (2), the Court of
Appeal established by Part 1 of this Chapter shall be constituted by
not less than three Judges sitting together.
(2) A Judge shall not sit as a Judge of the Court of Appeal on the
hearing of an appeal
s.85
2003-10.
2003-10.
Constitution
of Court of
Appeal.
1990-17.
72B

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
L.R.O. 2007 The Constitution of Barbados
(a)from any decision given by himself or any decision given by
any court of which he was sitting as a member; or
(b) against a conviction or sentence if he was the Judge by or
before whom the appellant was convicted.
86. (1) Notwithstanding anything contained in Part 1 of this
Chapter, Parliament may make provision –
(a) for implementing arrangements made between the Government
of Barbados and the Government or Governments of any other
part or parts of the Commonwealth relating to the establish-
ment of a court of appeal to be shared by Barbados with that
part or those parts of the Commonwealth, and for the hearing
and determination by such a court of appeals from decisions of
any court in Barbados; or
(b) for the hearing and determination of appeals from decisions of
any court in Barbados by a court established for any other part
of the Commonwealth.
(2) A law enacted in pursuance of subsection (1) may provide that
the jurisdiction conferred on any such court as is referred to in that
subsection shall be to the exclusion, in whole or in part, of the
jurisdiction of the Court of Appeal established by Part 1 of this
Chapter; and during any period when jurisdiction is so conferred to
the exclusion of the whole jurisdiction of the said Court of Appeal,
Parliament may suspend the provisions of the said Part 1 establishing
that Court.
(3) In subsection (1), the expression “any court in Barbados”
includes the Court of Appeal established by Part 1 of this Chapter.
87. (1) An appeal to the Court of Appeal shall lie as of right from
final decisions of the High Court given in exercise of the jurisdiction
conferred on the High Court by section 24 (which relates to the
enforcement of fundamental rights and freedoms).
Appeals
relating to
fundamental
rights and
freedoms. Other
arrange-
ments for
appeals.
ss.86-87
72C

L.R.O. 2007 The Constitution of Barbados
(2) An appeal shall lie as of right to the Caribbean Court of Justice
from any decision given by the Court of Appeal in any such case.
(3) In this section “the Court of Appeal” means such court as may
be vested with jurisdiction to hear appeals from any court in Barbados
in pursuance of section 86 or, if there is no such court, the Court of
Appeal established by Part 1 of this Chapter.
88. (1) Parliament may provide for an appeal to lie from –
(a) decisions of the Court of Appeal established by Part 1 of this
Chapter; or
(b) decisions of any other court in exercise of jurisdiction
conferred by a law enacted in pursuance of section 86(1),
to the Caribbean Court of Justice, either as of right or with the leave
of the said Court of Appeal or other court, as the case may be, in such
cases other than those referred to in section 87(2) as may be prescrib
ed
by Parliament. (2) Nothing in this Constitution shall affect any right of the
Caribbean Court of Justice to grant special leave to appeal from
decisions such as are referred to in subsection (1).
(3) A decision of the Caribbean Court of Justice is final and shall
not be the subject of any appeal or enquiry in any tribunal or other
court.
s.88
Appeals to
the
Caribbean
Court of
Justice in
other cases. 2003-10.
2003-10.
2003-10.
2003-10.
72D

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados L.R.O. 2003
The Constitution of Barbados
CHAPTER VIII
THE PUBLIC SERVICE
PART 1
The Services Commissions
89. (1)There shall be a Judicial and Legal Service Com mission
for Barbados, which shall consist of the following persons–
(a) the Chief Justice, who shall be Chairman;
(b) the Chairman of the Public Service Commission or some other
member of the Public Service Commission nominated by the
Chairman to represent him at any meeting of the Judicial and
Legal Service Commission;
(c) three other members (hereinafter called “the appointed
members”) appointed in accordance with the provisions of
subsection (2).
(2) The appointed members shall be appointed by the Governor-
General, by instrument under the Public Seal, acting on the
recommendation of the Prime Minister after consultation with the
Leader of the Opposition, from among persons who are, or have been,
judges of a court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having jurisdic-
tion in appeals from any such court:
Provided that if, whenever an occasion arises for the appointment
of an appointed member, the Governor-General, acting as aforesaid, is
satisfied that there is no suitable person who is or has been such a
judge available and willing to be appointed, he may appoint a person
who has been entitled to practise in Barbados as an attorney-at-law for
not less than ten years but is not in active practice as an attorney-at-
law. 1974-34.
72E
s.89
Establish-
ment and
composition
of Judicial
and Legal
Service
Commis-
sion.

L.R.O. 2003
The Constitution of Barbados
(3) No person shall be qualified to be appointed as a member of
the Judicial and Legal Service Commission if he is a member of either
House or a public officer.
(4) Subject to the provisions of subsection (5), the office of an
appointed member shall become vacant–
(a) at the expiration of three years from the date of his appoint-
ment or at such earlier time as may be specified in the
instrument by which he was appointed;
(b) if he becomes a member of either House or a public officer or
is appointed to the office of Chief Justice or Chairman of the
Public Service Commission.
(5) The provisions of section 105 (which relate to removal from
office) shall apply to the office of an appointed member, and the
prescribed authority for the purposes of subsection (4) of that section
shall be the Prime Minister and for the purposes of subsection (6) of
that section shall be the Chief Justice.
(6) If the office of an appointed member is vacant or the
holder thereof is for any reason unable to perform the
functions of his office, the Governor-General, acting on the
recommendation of the Prime Minister after consultation with
the Leader of the Opposition, may, by instrument under the
Public Seal, appoint a person who is qualified for appointment
as an appointed member to act in the office of that member;
and any person so appointed shall, subject to the provisions of 72F
s.89

73 The Constitution of Barbados s.90
subsection (4) (b), continue so to act until a person has been
appointed to the office in which he is acting and has assumed
the functions thereof or, as the case may be, the holder thereof
resumes those functions or until his appointment so to act is
revoked by the Governor-General, acting as aforesaid.
(7) An appointed member shall not, within a period of one
year commencing with the date on which he last held or acted
r in
the office of appointed member, be eligible for appointment
to any office power to make appointments to which is vested
by this Constitution in the Governor-General acting on the
recommendation or in accordance with the advice of the
Judicial and Legal Service Commission.
90. (1) There shall be a Public Service Commission for
Establish-
Barbados which shall consist of a Chairman and not less than ~~~&&,,
three nor more than five other members, who shall be appointed
of Public
by the Governor-General, acting on the recommendation of &~~i~ion.
the Prime Minister after consultation with the Leader of the
Opposition, by instrument under the Public Seal.
(2) No person shall be qualified to be appointed as a member
of the Public Service Commission if he is a member of either
House or a public officer.
(3) Subject to the provisions of subsection (4), the office of a
member of the Public Service Commission shall become
vacant-
(a) at the expiration of three years from the date of his
appointment or such earlier time as may be specified in
the instrument by which he was appointed ;
(b) if he becomes a member of either House or a public
officer.
(4) The provisions of section 105 (which relate to removal
from office) shall apply to the office of a member of the Public
Service Commission, and for the purposes of subsections (4)
and (6) of that section the prescribed authority shall be the
Prime Minister except that, in relation to a member who does
not hold, or is not for the time being acting in, the office of
Chairman of the Commission, the prescribed authority for
the purposes of the said subsection (6) shall be the holder
of the office of Chairman.
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s.91 The Constitution of Barbados 74
(5)
If the office of Chairman of the Public Service Com-
mission is vacant or the holder thereof is for any reason unable
to perform the functions of his office, then, until a person has
been appointed to and has assumed the functions of that office
or until the person holding that office has resumed those
functions, as the case may be, they shall be performed by such
one of the other members of the Commission as may for the
time being be designated in that behalf by the Governor-
General, acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition.
(6) If the office of a member of the Public Service Commission
other than the Chairman is vacant or the holder thereof is for
any reason unable to perform the functions of his office, the
Governor-General, acting on the recommendation of the
Prime Minister after consultation with the Leader of the
Opposition, may appoint a person who is qualified for appoint-
ment as a member of the Commission to act in the office of that
member; and any person so appointed shall, subject to the
provisions of subsection (3)
(b), continue so to act until a person
has been appointed to the office in which he is acting and has
assumed the functions thereof or, as the case may be, the holder
thereof resumes those functions or until his appointment so to
act is revoked by the Governor-General acting as aforesaid.
(7) A member of the Public Service Commission shall not,
within a period of one year commencing with the date on
which he last held or acted in that office, be eligible for appoint-
ment to any office power to make appointments to which is
vested by this Constitution in the Governor-General acting
on the recommendation or in accordance with the advice of
the Public Service Commission.
7
Establish-
ment and 91. (1) There shall be a Police Service Commission for
composition Barbados which shall consist of a Chairman and not less than of Police
Service two nor more than four other members, who shall be appointed i
Commission.
by the Governor-General, acting on the recommendation of
the Prime Minister after consultation with the Leader of the
Opposition, by instrument under the Public Seal.
(2) No person shall be qualified to be appointed as a member
of the Police Service Commission if he is a member of either
House or a public officer.

75 The Constitution of Barbados s.91
(3) Subject to the provisions of subsection (4), the office of a
member of the Police Service Commission shall become
vacant-
(a) at the expiration of three years from the date of his
appointment or at such earlier time as may be specified
in the instrument by which he was appointed;
f
jb) if he becomes a member of either House or a public
officer.
(4) The provisions of section 105 (which relate to removal
from office) shall apply to the office of a member of the Police
Service Commission, and for the purposes of subsections (4)
and (6) of that section the prescribed authority shall be the
Prime Minister except that, in relation to a member who does
not hold, or is not for the time being acting in, the office of
Chairman of the Commission, the prescribed authority for
the purposes of the said subsection (6) shall be the holder of the
office of Chairman.
(5) If the oflice of Chairman of the Police Service Com-
mission is vacant or the holder thereof is for any reason unable
to perform the functions of his office, then, until a person has
been appointed to and has assumed the functions of that office
or until the person holding that office has resumed those
functions, as the case may be, they shall be performed by such
one of the other members of the Commission as may for the
time being be designated in that behalf by the Governor-
General, acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition.
(6) If the office of a member of the Police Service Commission
other than the Chairman is vacant or the holder thereof is for
any reason unable to perform the functions thereof, the
Governor-General, acting on the recommendation of the Prime
Minister after consultation with the Leader of the Opposition,
may appoint a person who is qualified for appointment as a
member of the Commission to act in the office of that member;
and any person so appointed shall, subject to the provisions of
subsection (3)
(b), continue so to act until a person has been
appointed to the office in which he is acting and has assumed
the functions thereof or, as the case may be, the holder thereof
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by authority of the Government oi Barbados

ss.92-93 The Constitution of Barbados 76
resumes those functions or until his appointment so to act is
revoked by the Governor-General, acting as aforesaid.
(7) A member of the Police Service Commission shall not,
within a period of one year commencing with the date on
which he last held or acted in that office, be eligible for appoint-
ment to any office power to make appointments to which is
vested by this Constitution in the Governor-General acting
on the recommendation or in accordance with the advice of
the Police Service Commission.
Procedure
of Corn- 92. (1) In relation to any Commission established by this
missions. Chapter, the Governor-General, acting in accordance with the
advice of the Commission, may by regulation or otherwise
regulate its procedure and, subject to the consent of the Prime
Minister, confer powers and impose duties on any public
officer or any authority of the Government for the purpose of
the discharge of the functions of the Commission.
(2) At any meeting of any Commission established by this
Chapter a quorum shall be constituted if three members are
present; and, if a quorum is present, the Commission shall not
be disqualified for the transaction of business by reason of any
vacancy among its members or the absence of any member
and any proceedings of the Commission shall be valid not-
withstanding that some person who was not entitled so to do
took part therein.
(3) Any question proposed for decision at any meeting of any
Commission established by this Chapter shall be determined
by a majority of the votes of the members thereof present and
voting, and if on any such question the votes are equally
divided the member presiding shall have and exercise a casting
vote.
PART 2
Appointment, removal and discipline of public o$cers
Appoint-
ment, etc., 93. (1) Subject to the provisions of this Constitution, power
of judicial to make appointments to the offices to which this section and legal officers. applies
and to remove and to exercise disciplinary control over
persons holding or acting in such offices is hereby vested in the

77 L.R.O. 1978 The Constitution of Barbados
ss.94-95
Governor-General, acting in accordance with the advice of the
Judicial and Legal Service Commission.
(2) This section applies to such public offices (other than the
office of the Director of Public Prosecutions) for appointment
to which persons are required to possess legal qualifications as
may be prescribed by Parliament.
94. (1) Subject to the provisions of this Constitution, power “m~c;;;.,
to make appointments to public offices and to remove and to orpublic
exercise disciplinary control over persons holding or acting in officers.
such offices is hereby vested in the Governor-General, acting
in accordance with the advice of the Public Service Commission.
(2) Before the Public Service Commission advises the
appointment to any public office of any person holding or
acting in any office power to make appointments to which is
vested by this Constitution in the Governor-General, acting in
accordance with the advice of the Judicial and Legal Service
Commission or the Police Service Commission, it shall consult
the Judicial and Legal Service Commission or the Police
Service Commission, as the case may be.
(3)
to-
w
14’
f)l
e
(f>
k)
The provisions of this section shall not apply in relation
the office of any member of the Governor-General’s
personal staff;
any office to which section 93 applies;
any office in the Police Force;
any office to which section 100 applies;
so far as they relate to power to make appointments on 1974-34
transfer, any office to which section 1OOA applies;
the office of the Director of Public Prosecutions; and
the office of the Auditor-General.
95. (1) The Governor-General, acting in accordance with I$~~~~~
the advice of the Public Service Commission, may by instrument
under under the Public Seal direct that, to such extent and subject to section 94.
such conditions as may be specified in that instrument, the
powers, other than the power to remove from office, vested in
him by section 94 (l), shall (without prejudice to the exercise
of such powers by the Governor-General under that section)
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by authority of the Government of Barbados

s.96 Tfze Constitution of Barbados L.R.O. 1978 78
be exercisable by such one or more members of the Public
Service Commission or by such public officer as may be so
specified.
(2) In any case where an appointment is to be made by
virtue of an instrument made under this section and the person
to be appointed holds or is acting in any office power to make
appointments to which is vested in the Governor-General,
acting in accordance with the advice of the Judicial and Legal
Service Commission or the Police Service Commission, the
person empowered by the said instrument to make the appoint-
ment shall consult the Judicial and Legal Service Commission
or the Police Service Commission, as the case may be, before
making the appointment.
(3) Where the power to exercise disciplinary control over
any officer has been exercised by virtue of an instrument made
under this section, the officer in respect of whom it was so
exercised may apply for the case to be referred to the Governor-
General, and there upon the disciplinary action taken shall
cease to have effect except in so far as it may have included the
suspension of the officer from performing the functions of his
office and the case shall be referred to the Governor-General
accordingly; and, subject to the provisions of section 98, the
Governor-General shall then take such action in respect of the
officer as the Public Service Commission may advise.
Appoint-
mat, etc., 96. (1) Subject to the provisions of this Constitution, power
of members to make appointments to offices in the Police Force and to of the Police FOK.5 remove and to exercise disciplinary control over persons holding
or acting in such offices, is hereby vested in the Governor-
General, acting in accordance with the advice of the Police
Service Commission.
(2) Before the Police Service Commission advises the appoint-
ment to any office in the Police Force of any person holding or
acting in any office power to make appointments to which is
vested by this Constitution in the Governor-General, acting in
accordance with the advice of the Judicial and Legal Service
Commission or the Public Service Commission, it shall consult
the Judicial and Legal Service Commission or the Public
Service Commission, as the case may be.
(3) Parliament may make provision with respect to offences

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
79 L.R.O. 2007 The Constitution of Barbados
s.97
against Police Force discipline and the punishment that may be
imposed for any such offence, and any power to exercise disciplinary
control (including any power to remove a person from office) over
members of the Police Force conferred by or under the provisions of
this Chapter shall be exercised in accordance with any such provision. 97. (1) The Governor-General, acting in accordance with the
advice of the Police Service Commission, may by instrument under
the Public Seal direct that, to such extent and subject to such
conditions as may be specified in that instrument, the powers, other
than the power to remove from office, vested in him by section 96(1)
in relation to offices in the Police Force below the rank of Inspector
shall (without prejudice to the exercise of such powers by the
Governor-General under that section) be exercisable by such one or
more members of the Police Service Commission or by such officers
in the Police Force not below the rank of Superintendent as may be so
specified.
(2) In any case where an appointment is to be made by virtue of an
instrument made under this section and the person to be appointed
holds or is acting in any office power to make appointments to which
is vested in the Governor-General, acting in accordance with the
advice of the Judicial and Legal Service Commission or the Public
Service Commission, the person empowered by the said instrument to
make the appointment shall consult the Judicial and Legal Service
Commission or the Public Service Commission, as the case may be,
before making the appointment.
(3) Where the power to exercise disciplinary control over any
member of the Police Force has been exercised by virtue of an
instrument made under this section, the member of the Police Force in
respect of whom it was so exercised may apply for the case to be
referred to the Governor-General, and thereupon the disciplinary
action taken shall cease to have effect except in so far as it may have
included the suspension of the member from performing the functions
of his office and the case shall be referred to the Governor-General
accordingly; and, subject to the provisions of section 98, the
Delegation
of powers
under
section 96.

L.R.O. 2007 80 The Constitution of Barbados
Governor-General shall then take such action in respect of that
member of the Police Force as the Police Service Commission may
advise.98. (1) Before the Governor-General acts in accordance with the
advice of any Commission established by this Chapter that any public
officer shall be removed from office or that any penalty should be
imposed on him by way of disciplinary control, he shall inform the
officer of that advice, and if the officer then applies for the case to be
referred to the Privy Council, the Governor-General shall not act in
accordance with that advice but shall refer the case to the Privy
Council accordingly:
Provided that the Governor-General, acting in accordance with the
advice of the Commission, may nevertheless suspend that officer from
performing the functions of his office pending the determination of
the reference to the Privy Council.
(2) When a reference is made to the Privy Council under the
provisions of subsection (l), the Privy Council shall consider the cas
e
and shall advise the Governor-General what action should be taken in
respect of the officer, and the Governor-General shall then act in
accordance with such advice.
98A. (1) There shall be a Public Service Appeal Board (herein-
after called “the Appeal Board”) comprising a Chairman, who shall be
a Judge or former Judge, and 2 other members appointed by the
Governor-General after consultation with the Prime Minister and the
Leader of the Opposition, to hear and determine appeals from any
decisions of
(a) a Service Commission with respect to discipline of public
officers other than that of dismissal; or
(b) any person to whom powers of a Service Commission have
been delegated with respect to discipline.
(2) One member of the Appeal Board shall be a retired public
officer.
ss.98-98A
Appeals to
Privy
Council in
disciplinary
matters.
Public
Service
Appeal
Board.
2007-42.

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
L.R.O. 2007 The Constitution of Barbados
(3) Sections 89(2), 89(3), 89(4), 89(5), 89(6) and 92(1) (which
relate to qualifications for appointment, eligibility for public office,
the term and tenure of members of Service Commissions and the
procedure of Service Commissions) shall apply to members of the
Appeal Board as they apply to members of a Service Commission.
(4) Before entering upon the duties of his office, a member of the
Appeal Board shall take and subscribe the oath of office before the
Governor-General or a person appointed by the Governor-General for
the purpose.
(5) Notwithstanding subsection (1), nothing in this section shall
be regarded as affecting the right of a public officer to have his case
referred to the Privy Council in accordance with section 98.
(6) Where a public officer has had his case determined by the Privy
Council under section 98, no further proceedings in the matter may be
brought before the Appeal Board.
(7) The provisions of section 92(3) shall apply to the Appeal Board.
(8) The Appeal Board, in exercise of its functions under the
Constitution, shall not be subject to the direction and control of any
other person or authority.
(9) The Appeal Board may by regulations make provision for
regulating
(a)its own procedure; and
(b)the procedure in respect of appeals under this Constitution.
(10) The Appeal Board may, where it considers it necessary that
further evidence be adduced,
(a)order such evidence to be adduced either before the Appeal
Board or by affidavit; or
(b)refer the matter back to the relevant Service Commission to
take such evidence ands.98A 80A

L.R.O. 2007 The Constitution of Barbados
(i) to adjudicate upon the matter afresh; or
(ii) to report for the information of the Appeal Board
specific findings of fact.
(11) Where a matter is referred to a Service Commission under
paragraph (b) of subsection (10), the matter, so far as may be practic-
able or necessary, shall be dealt with as if it were being heard at first
instance.
(12) Upon the conclusion of the hearing of an appeal under this
section, the Appeal Board may
(a)affirm, modify or amend the decision appealed against;
(b)set aside the decision; or
(c)substitute any other decision which the Service Commission
could have made.
(13)Every decision of the Appeal Board shall require the
concurrence of the majority of its members.
(14) The Appeal Board may by regulation or otherwise confer
powers and impose duties on any public officer or any authority of the
Government for the purpose of the exercise of the
functions of the Appeal Board.
99.(1) Notwithstanding anything contained in the preceding
provisions of this Chapter–
(a)except as provided in paragraph (b), power to make appoint-
ments to the offices to which this section applies is hereby
vested in the Governor-General, acting on the recommenda-
tion of the appropriate Service Commission made after that
Commission has consulted the Prime Minister; and
(b)power to make appointments to the office of a permanent
secretary on transfer from another such office carrying the same
salary is hereby vested in the Governor-General, acting on the
recommendation of the Prime Minister.
(2) This section applies to the offices of Solicitor-General,
Appoint-
ment of
permanent
secretaries
and certain
other
public
officers.
80B
1974-34.
s.99

81 L.R.O. 1978 The Constitution of Barbados s.100
Director, Finance and Planning, Secretary to the Cabinet,
Permanent Secretary, Commissioner of Police, Chief Establish-
ments Officer, Chief Personnel Officer, Chief Training Officer,
chief or deputy chief professional or technical adviser or officer
in a Ministry of the Government (by whatever name called),
and head or deputy head of a department of the Government.
(3) In th is section-
“ appropriate Service Commission ” means-
(a) in relation to offices in the Police Force, the Police
Service Commission;
(b) in relation to any office to which section 93 applies
as respects power to remove and exercise disciplinary
control over any person holding or acting in that
office, the Judicial and Legal Service Commission; and
(4 in
relation to any other office to which this section
applies, the Public Service Commission.
100. ( 1) Power to make appointments to the offices to which
Appoint-
this section applies and to remove persons holding or acting in $$&$$r
such offices shall vest in the Governor-General, acting in ;;;e;;;r+d
accordance with the advice of the Prime Minister.
and sub-
ordinate staff.
(2) Before tendering advice for the purposes of this section in
relation to any person who holds any public office other than
an office to which this section applies, the Prime Minister shall
consult the appropriate Service Commission.
(3) This section applies to the office of Ambassador, High
Commissioner or other principal representative of Barbados in
any other country or accredited to any international organisa-
tion.
(4) In this section-
1974-34.
“ appropriate Service Commission ” means-
(a) in relation to a person who holds an office in the
Police Force, the Police Service Commission;
(b) in relation to a person who holds an office to which
section 93 applies as respects power to remove and
exercise disciplinary control over any person hold-
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by authority of the Government of Barbados

ss.lOOA-101 The Constitution of Barbados L.R.O. 1978 a2
Appoint-
ments on
transfer to
certain
offices.
1974-34.
Appoint- ment, etc.,
of Director
of Public
Prosecutions.
ing or acting in that office, the Judicial and Legal
Service Commission ; and
(4 in
relation to any other person, the Public Service
Commission.
lOOA. (1) The p ower to make appointments on transfer to
the offices to which this section applies shall vest in the Prime
Minister.
(2) The offices to which this section applies are-
(a) offices (other than th ose to which section 100 applies) the
holders of which are required to reside outside Barbados
for the proper discharge of their functions; and
(b) such offices in the Ministry responsible for the External
Affairs of Barbados as may be designated by the Prime
Minister.
101. (1) The Director of Public Prosecutions (in this section
referred to as “ the Director “) shall be appointed by the
Governor-General, acting on the recommendation of the
Judicial and Legal Service Commission, by instrument under
the Public Seal.
(2) A person shall not be qualified to hold or to act in the
office of Director unless he is qualified for appointment as a
Judge.
(3) If the office of the Director is vacant or if the holder
thereof is for any reason unable to perform the functions
thereof, the Governor-General, acting on the recommendation
of the Judicial and Legal Service Commission, may appoint a
person to act in the office of the Director; and any person so
appointed shall, subject to the provisions of subsection (4),
continue so to act until a person has been appointed to the
office of the Director and has assumed the functions of that
office or, as the case may be, the holder thereof has resumed
those functions or until his appointment so to act is revoked by
the Governor-General, acting as aforesaid.
(4) Subject to the provisions of subsection (5), the Director
shall vacate office when he attains the age of sixty-two years:
Provided that the Governor-General, acting on the recom-

83 l%e Constitution of Barbados 9.102
mendation of the Judicial and Legal Service Commission, may
permit a Director who has attained the age of sixty-two years
to continue in office until he has attained such later age, not
exceeding sixty-five years, as may have been agreed between
the Governor-General and the Director.
t (5)
The provisions of section 105 (which relate to removal
from office) shall apply to the office of the Director, and the
prescribed authority for the purposes of subsections (4) and (6)
of that section shall be the Judicial and Legal Service Com-
mission.
102. (1) The Auditor-General shall be appointed by the Appoint-
Governor-General, by instrument under the Public Seal, F$$t;-
acting on the recommendation of the Public Service Corn- General.
mission made after the Commission has consulted the Prime
Minister.
(2) If the office of Auditor-General is vacant or the holder
thereof is for any reason unable to perform the functions
thereof, the Governor-General, acting on the recommendation
of the Public Service Commission made after the Commission
has consulted the Prime Minister, may appoint a person to
act in the office of Auditor-General; and any person so ap-
pointed shall, subject to the provisions of subsection (3),
continue so to act until a person has been appointed to the
office of Auditor-General and has assumed the functions of
that office or, as the case may be, the holder thereof has resumed
those functions or until his appointment so to act is revoked
by the Governor-General, acting as aforesaid.
(3) Subject to the provisions of subsection (4), the Auditor-
General shall vacate office when he attains the age of sixty-two
years.
(4) The provisions of section 105 (which relate to removal
from office) shall apply to the office of Auditor-General, and
the prescribed authority for the purposes of subsection (4) of
that section shall be the Prime Minister or the Chairman of the
Public Service Commission and for the purposes of sub-
section (6) of that section shall
be the Public Service
Commission.
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by authority of the Government of Barbados
Laws of Barbados-Vol. I Sig. G

ss.103-104 The Constitution of Barbados 84
PART
3
Pensions
Protection of
pension 103. (1) Subject to the provisions of section 104, the law
rights. applicable to the grant and payment to any officer, or to his
widow, children, dependants or personal representatives, of
any pension, compensation, gratuity or other like allowance
(in this section and section 104 referred to as an “ award “)
in respect of the service of that officer in a public office shall be
that in force on the relevant date or any later law that is not
less favourable to that person.
(2) In subsection (1) “ the relevant date ” means-
(a) in relation to an award granted before 30th November
1966, the date on which the award was granted;
(b) in relation to an award granted or to be granted on or
after 30th November 1966 to or in respect of any person
who was a public officer before that date, 29th November
1966;
(c) in relation to an award granted or to be granted to or in
respect of any person who becomes a public officer on
or after 30th November 1966, the date on which he
becomes a public officer.
(3) Where a person is entitled to exercise an option as to
which of two or more laws shall apply in his case, the law
specified by him in exercising the option shall, for the purposes
of this section, be deemed to be more favourable to him than
the other law or laws.
(4) Awards granted under any law in respect of service in a
public office (not being awards that are a charge upon some
other public fund of Barbados) are hereby charged on the
Consolidated Fund.
(5) For the purposes of this section and of section 104,
service as a Judge shall be deemed to be service in the public
service.
Grant and
withholding 104. (1) The power to grant any award under any pensions
of pensions, law for the time being in force in Barbados (other than an etc. award to which, under that law, the person to whom it is

85 L.R.O. 1985 Tile Constittctim oflhu-bados s.104
payable is entitled as of right) and, in accordance with any
provisions in that behalf contained in any such law, to withhold,
reduce in amount or suspend any award payable under any
such law is hereby vested in the Governor-General.
(2) Stibject to the provisions of subsections (5) and (6), the
power vested in the Governor-General by subsection (1) shall be
exercised by him on the recommendation of the appropriate
Service Commission.
(3) The appropriate Service Commission shall not. recom-
mend to the Governor-General that any award for which a
person who holds or has held the office of a Judge, Director of
Public Prosecutions or Auditor-General is eligible shall not be
granted, or that any award payable to him shall be withheld,
reduced in amount or suspended, on the ground that he has
been guilty of misbehavitiur unless he has been removed from
office by reason of such misbehaviour.
(4) In this section, “the appropriate Service Commission”
1974-34.
means
(a) in the case of an award that may be granted or is payable
to a person who, having
been a public officer, was
immediately before the date on which he ceased to hold
public office serving
(i) as a Judge,
(ii) as the Director of Public Prosecutions,
(iii) in any office to which
section 93 applies as
respects power to remove and exercise disciplinary
control over any person holding or acting in that office
at the date of the exercise of the power vested as afore-
said,
the Judicial and Legal Service Commission;
(b) in the case of an award that may be granted or is payable
to a person who, having
been a public officer, was,
immediately before the date on which he ceased to hold
public office, serving as a member of the Police Force,
the Police Service Commission;
(c) in
any other case, the Public Service Commission.
(5) Where the appropriate Service Commission
makes a
recommendation to the Governor-General under this section
THE LAWS OF BARRADOS Printed by the Government Pnntmg Department. Bay Street, St. Michael,
by the authorily of the Government of Barbados

s.105 The Constitution of Barbados L.R.O. 1985 86
that any award that may be granted under any pensions law in
respect of the service in a public office of any person should
not be granted, or that any award payable under any such law in
respect of such service should be withheld, reduced in amount
or suspended, the Governor-General shall inform the person
concerned or his personal representatives of that recommenda-
tion, and if that person then applies, or, as the case may
be, his personal representatives then apply, for the case to be
referred to the Privy Council, the Governor-General shall refer
the case to the Privy Council accordingly.
(6) When a reference is made to the Privy Council under the
provisions of subsection (S), the Privy Council shall consider the
case and shall advise the Governor-General whether the
recommendation of the appropriate Service Commission should
be affirmed, reversed or modified, and the Governor-General
shall then act in accordance with that advice.
(7) In this section “pensions law” means any law relating to
the grant to any person or to the widow, children, dependants or
personal representatives of that person, of an award of any
pension, compensation, gratuity or other like allowance in
respect of the service of that person in a public office.
PART 4
Miscellaneous
Removal
from office 105. (1) Where it is provided in this Constitution that this
of certain section shall apply to any office, a person holding such office
persons. (in this section referred to as “the officer”) shall not be 1981-24. removed therefrom or suspended from the exercise of the
functions thereof except in accordance with the provisions of
this section; and the prescribed authority for the purposes
of subsection (4) or subsection (6) shall, in relation to any
office, be the authority prescribed for that purpose by the
provision of this Chapter by which this section is applied to that
office.
(2) The officer may be removed from office only for inability
to discharge the functions of his office (whether arising from
infirmity of body or mind or any other cause) or for mis-
behaviour.

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
87 L.R.O. 2007 The Constitution of Barbados
s.105
(3) The officer shall be removed from office by the Governor-
General if the question of his removal from office has been referred to
a tribunal appointed under this section and the tribunal has advised the
Governor-General that he ought to be removed from office for
inability as aforesaid or for misbehaviour.
(4) If the prescribed authority advises the Governor-General that
the question of removing the officer from office under this section
ought to be investigated, then–
(a) the Governor-General shall appoint a tribunal which shall
consist of a Chairman and not less than two other members,
selected by the Governor-General acting in accordance with
the advice of the Chief Justice, from among persons who hold
or have held office as a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from
any such court or have been entitled to practise in Barbados as
attorneys-at-law for not less than ten years; and
(b) that tribunal shall enquire into the matter and report on the
facts thereof to the Governor-General and advise the
Governor-General whether the officer ought to be removed
from office for inability as aforesaid or for misbehaviour.
(5) The provisions of the Second Schedule shall apply to tribunals
appointed under this section.
(6) If the question of removing the officer from office has been
referred to a tribunal under this section, the Governor-General, acting
in accordance with the advice of the prescribed authority, may
suspend the officer from performing the functions of his office, and
any such suspension may at any time be revoked by the Governor-
General, acting as aforesaid, and shall in any case cease to have effect
if the tribunal advises the Governor-General that the officer should
not be removed from office.
1974-34.
Second
Schedule.

L.R.O. 2007 88 The Constitution of Barbados
106.The question whether–
(a) any Commission established by this Chapter has validly
performed any function vested in it by or under this Chapter;
(b) any person has validly performed any function delegated to
him in pursuance of the provisions of section 95 or 97, as the
case may be; or
(c) any member of such a Commission or any other person or
authority has validly performed any other function in relation
to the work of the Commission or in relation to any such
function as is referred to in paragraph (b),
shall not be enquired into in any court.
CHAPTER IX
FINANCE
107.There shall be in and for Barbados a Consolidated Fund, to
which, subject to the provisions of any law for the time being in force
in Barbados, shall be credited all revenues of Barbados.
108. (1) The Minister responsible for Finance shall, before the
end of each financial year, cause to be prepared annual estimates of
revenue and expenditure for public services during the succeeding
financial year, which shall be laid before the House of Assembly.
(2) The estimates of expenditure shall show separately the sums
required to meet statutory expenditure (as defined in section 109(7))
and the sums required to meet other expenditure proposed to be charged
to the Consolidated Fund.
109. (1) The Minister responsible for Finance shall, in respect of
each financial year, at the earliest convenient moment before the
commencement of that financial year, introduce in the House of
Assembly an Appropriation Bill containing, under appropriate heads
Protection
of Commis-
sions, etc.,
from legal
proceedings.
Consoli-
dated Fund.
2007-10.
Estimates.
2007-10.
Authorisa-
tion of
expenditure.
ss.106-109

THE LAWS OF BARBADOS
Printed by the Government Printer, Bay Street, St. Michael
by the authority of the Government of Barbados
89 L.R.O. 2007 The Constitution of Barbados
for the several services required, the estimated aggregate sums which
are proposed to be expended (otherwise than by way of statutory
expenditure) during that financial year.
(2) Subject to subsections (4) and (6), the sums voted on the
Estimates by the House of Assembly in respect of a financial year
shall represent the limit and extent of the public expenditure for that
financial year.
(3) Where any sum is voted on the estimates by the House of
Assembly in respect of a financial year and at the end of that year ther
e
is an unexpended balance of that sum, the unexpended balance shall
lapse.
(4) The Minister responsible for Finance may, in case of
necessity, from time to time cause to be prepared supplementary
estimates of expenditure which shall be laid before and voted on by
the House of Assembly.
(5) In respect of all supplementary expenditure voted on by the
House of Assembly in pursuance of subsection (4), the Minister
responsible for Finance may, at any time before the end of the
financial year, introduce into the House of Assembly a Supplementary
Appropriation Bill containing, under appropriate heads, the aggregate
sums so voted, and shall, as soon as possible after the end of each
financial year, introduce into the House of Assembly a final
Appropriation Bill containing any such sums which have not yet been
included in any Appropriation Bill.
(6) That part of any estimate of expenditure laid before the House
of Assembly which shows statutory expenditure shall not be voted on
by the House, and such expenditure shall, without further authority of
Parliament, be charged to the Consolidated Fund.
(7) For the purposes of this section and section 108
(a) “financial year” means any period of twelve months beginning
on 1st April in any year or such other date as Parliament may
prescribe; and s.109
2007-10.

L.R.O. 2007 90 The Constitution of Barbados
(b) “statutory expenditure” means expenditure charged on the
Consolidated Fund or on the general revenues and assets of
Barbados by any provision of this Constitution or of any other
law for the time being in force in Barbados.
110. No sum shall be charged to the Consolidated Fund except
upon the authority of a warrant under the hand of the Minister
responsible for Finance or under the hand of some person authorised
by him in writing; and sums so issued shall be disposed of for meeting
public expenditure authorised under section 109 or, in the case of
statutory expenditure, for the purposes appointed by law.
111. The public debt of Barbados, including the interest on that
debt, sinking fund payments and redemption monies in respect of
that debt and the costs, charges and expenses incidental to the
management of that debt, is hereby charged on the Consolidated Fund.
. 112. (1) There shall be paid to the holders of the offices to which
this section applies such salaries as may be prescribed by or under any
law.
(2) The salaries payable to the holders of the offices to which this
section applies are hereby charged on the Consolidated Fund.
(3) The salary and allowances payable to the holder of any office
to which this section applies and his other terms of service shall not b
e
altered to his disadvantage after his appointment and, for the purposes
of this subsection, in so far as the terms of service of any person
depend upon the option of that person, the terms for which he opts
shall be taken to be more advantageous to him than any other terms
for which he might have opted.
(4) This section applies to the offices of Governor-General, Judges,
Director of Public Prosecutions, Auditor-General, appointed members
of the Judicial and Legal Service Commission and members of the
Public Service Commission and the Police Service Commission.
Public debt. Meeting
expenditure
from
Consoli-
dated Fund.
2007-10.
Remunera-
tion of
Governor-
General and
certain other
officers.
ss.110-112

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
91 L.R.O. 2007 The Constitution of Barbados
112A. The salaries and allowances payable to the holders of
offices established under the Civil Establishment Act and the Defence
Act shall not be altered to their disadvantage.
113. (1) There shall be an Auditor-General, whose office shall
be a public office.
(2) The accounts of the Supreme Court, the Senate, the House
of Assembly and all departments and offices of the Government
(including the offices of the Cabinet, the Privy Council, the Judicial
and Legal Service Commission, the Public Service Commission and
the Police Service Commission and government-controlled entities
and statutory authorities, but excluding the department of the Auditor-
General) shall, at least once in every year, be audited and reported on
by the Auditor-General who, with his subordinate staff, shall at all
times be entitled to have access to all books, records, returns and
reports relating to such accounts.
(2A) The Auditor-General may on his own initiative carry out
examinations into the financial management of Ministries,
departments, statutory authorities and government-controlled
entities, including the manner in which those Ministries, departments,
statutory authorities and government-controlled entities use their
resources in discharging their functions as regards the efficiency and
effectiveness of the use of those resources.
(3) The Auditor-General shall submit his reports made under
subsections (2) and (2A) to the Speaker (or, if the office of Speaker
is vacant or the Speaker is for any reason unable to perform the
functions of his office, to the Deputy Speaker), who shall cause them
to be laid before the House of Assembly.
(4) In the exercise of his functions under the provisions of
subsections (2), (2A) and (3), the Auditor-General shall not be subject
to the direction or control of any other person or authority. Remunera-
tion of
public
officers and
soldiers.
Cap. 21.
Cap. 159.
1995-2.
Establish-
ment of
office and
functions of
Auditor-
General.
ss.112A-113
2007-10.
2007-10.
2007-10. 2007-10.

L.R.O. 2007 92 The Constitution of Barbados
(5)Repealed by 2007-10.
(6) Nothing in this section shall prevent the performance by the
Auditor-General of–
(a) such other functions in relation to the accounts of the
Government and the accounts of other public authorities and
other bodies administering public funds in Barbados as may
be prescribed by or under any law for the time being in force in
Barbados; or
(b) such other functions in relation to the supervision and control
of expenditure from public funds in Barbados as may be so
prescribed.
CHAPTER X
MISCELLANEOUS AND INTERPRETATION
114.(1) Where any person has vacated any office established
by this Constitution (including any office established under
section 41(l), 64( 1) and 80(2)) he may, if qualified, again be appointed,
elected or otherwise selected to hold that office in accordance with the
provisions of this Constitution.
(2) Where by this Constitution a power is conferred upon any
person or authority to make any appointment to any public office, a
person may be appointed to that office notwithstanding that some other
person may be holding that office when that other person is on leave
of absence pending relinquishment of the office; and where two or
more persons are holding the same office by reason of an appointment
made in pursuance of this subsection, then for the purposes of any
function conferred upon the holder of that office the person last
appointed shall be deemed to be the sole holder of the office.
(3) Subsection (2) shall have effect in relation to the office of a
Judge as if that office were a public office. Appoint-
ments.
s.114

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
92A L.R.O. 2007 The Constitution of Barbados
115. (1) Any person who is appointed or elected to or otherwise
selected for any office established by this Constitution (including any
office established under section 41(l), 64(1) or 80(2)) may resign
from
that office and, save as otherwise provided by section 40(3) or 45(1),
shall do so by writing under his hand addressed to the person or
authority by whom he was appointed, elected or selected.
(2) The resignation of any person from any such office as
aforesaid signified by writing under his hand shall take effect when
the writing signifying the resignation is received by the person or
authority to whom it is addressed or by any person authorised by that
person or authority to receive it or employed to assist that person in
the performance of the functions of his office.
116. Where by this Constitution a person is required to vacate an
office when he attains an age prescribed by or under the provisions of
this Constitution, nothing done by him in the performance of the
functions of that office shall be invalid by reason only that he has
attained the age so prescribed.
117. (1) In this Constitution–
“Act of Parliament” means any law made by Parliament;
“the Commonwealth” means Barbados, any country to which section 8 applies and any dependency of any such country;
“the Consolidated Fund” means the Consolidated Fund established by section 107; Resigna-
tions.
Vacation of
office on
attaining a
prescribed
age.
Interpreta-
tion.
ss.115-117

* 93 L.R.O. 1991 The Constitution of Barbados
“House” means the Senate or the House of Assembly, as the
context may require;
“Judge” means the Chief Justice, a Justice of Appeal and a Judge
199047.
of the High Court;
“law” includes any instrument having the force of law and any
unwritten rule of law;
“oath of allegiance” means the oath of allegiance set out in the
First Schedule;
“Parliament” means the Parliament of Barbados;
“Police Force” means the Royal Barbados Police Force
established under the Police Act, 1961l;
“public office” means any office of emolument in the public
service;
“public officer”
means the holder of any public office and
includes any person appointed to act in any such office;
“the public service” means, subject to the provisions of subsection
(7), the service of the Crown in a civil capacity in respect of
the government of Barbados;
“session” means, in relation to Parliament, the sittings of
Parliament commencing when it first meets after this
Constitution comes into force or after the prorogation or
dissolution of Parliament at any time and terminating when
Parliament is prorogued or is dissolved without having been
prorogued;
“sitting” means in relation to a House, a period during which that
House is sitting continuously without adjournment and
includes any period during which the House is in committee;
“Speaker” and “Deputy Speaker” mean the member of the House
of Assembly from time to time elected by that House to be
respectively Speaker or Deputy Speaker of that House.
(2) For the purposes of this Constitution the territory
of Barbados shall comprise all the areas that were comprised
therein immediately before 30th November 1966 together with
11961 h’o. 50. See. now Chapter 167 of the Laws of Bartudas.
THE LAWS OF BARBADOS Printed by the Government Printing Dcprtmmt. Bay Shut, St. Michael. by the authority of the Government of Barbados

The Constitution of Barbados L.R.O. 1991 94
such other areas as Parliament may declare to form part
thereof.
(3) Any reference in this Constitution to power to make
appointments to any office shall be construed as including a
reference to power to make appointments on promotion or transfer
to that office and to power to appoint a person to act in or perform
the functions of that office during any period during which it is
vacant or during which the holder thereof is unable (whether by
reason of absence or infirmity of body or mind or any other cause)
to perform those functions.
(4) Any reference in this Constitution to the holder of an
office by the term designating his office shall be construed as
including a reference to any person for the time being lawfully
performing the functions of that office.
(5) Where by this Constitution any person is directed, or
power is conferred on any person or authority to appoint a person,
to perform the functions of any office if the holder thereof is
unable to perform those functions, the validity of any performance
of those functions by the person so directed or of any appointment
made in exercise of that power shall not be called in question in
any court on the ground that the holder of that office was not or is
not unable to perform those functions.
(6) For the purposes of this Constitution a person shall not be
considered as holding a public office by reason only of the fact
that he is in receipt of a pension or other like allowance in respect
of public service.
(7) In this Constitution references to the public service shall
not be construed as including service in
(4
Cb)
tc) the office of Governor-General, Prime Minister or other
Minister, Parliamentary Secretary, Leader of the
Opposition, President, Deputy President or member of the
Senate, Speaker, Deputy Speaker, or member of the House
of Assembly or member of the Privy Council;
the office of a member of the Judicial and Legal Service
Commission, the Public Service Commission or the Police
Service Commission;
the office of a member of any board, committee or other
similar body (whether incorporated or not) established by
any law in force in Barbados; or

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
95 L.R.O. 2007 The Constitution of Barbados
(d)except as otherwise provided in this Constitution, the office of
a Judge.
(8) References in this Constitution to the power to remove a
public officer shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the
public service:
Provided that–
(a) nothing in this subsection shall be construed as conferring on
any person or authority power to require a Judge or the
Director of Public Prosecutions or the Auditor-General to
retire from the public service; and
(b) any power conferred by any law to permit a person to retire
from the public service shall, in the case of any public officer
who may be removed from office by some person or authority
other than the Governor-General acting in accordance with the
advice of a Commission established by this Constitution, vest
in the Governor-General acting on the recommendation of the
Public Service Commission.
(9) Where any power is conferred by this Constitution to make
any proclamation or order or to give any directions, the power shall be
construed as including a power exercisable in like manner to amend
or revoke any such proclamation, order or directions.
(10) No provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other person or
authority in exercising any functions under this Constitution shall
be construed as precluding a court from exercising jurisdiction in
relation to any question whether that person or authority has performed
those functions in accordance with this Constitution or any other law. s.117
2007-42.

L.R.O. 2007 96 The Constitution of Barbados
(11) The Interpretation Act as in force on 1st February, 1975 1 shall
apply, with the necessary adaptations, for the purpose of interpreting
this Constitution and otherwise in relation thereto as it applies for th
e
purpose of interpreting, and in relation to, an Act of the Legislature of
Barbados passed after the commencement of the aforesaid Act.
____________
FIRST SCHEDULE
Oath of Allegiance
I, , do swear that I will be faithful and
bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Su
ccessors,
according to law. So help me God.
Oath for the due execution of
the office of Governor-General.
I,
, do swear that I will well and truly
serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the o
ffice of
Governor-General. So help me God.
Oath for the due execution of
the office of Prime Minister or
other Minister or Parliamentary
Secretary.
I, , being appointed Prime Minister/
Minister/Parliamentary Secretary, do swear that I will to the best of my judgment, at
all times when so required, freely give my counsel and advice to the Gov
ernor-
General (or any other person for the time being lawfully performing the
functions of
that office) for the good management of the public affairs of Barbados, and I do
further swear that I will not on any account, at any time whatsoever, disclose the
counsel, advice, opinion or vote of any particular Minister or Parliamen
tary
Secretary and that I will not, except with the authority of the Cabinet
and to such
extent as may be required for the good management of the affairs of Barbados,
directly or indirectly reveal the business or proceedings of the Cabinet
or the nature
or contents of any documents communicated to me as Prime Minister/Minist
er/
1Being effective date of the commencement of certain provisions of the Barbados C
onstitution
(Amendment) Act, 1974 (Act 1974-34).
1974-34.
Cap. 1.
Sections 34,
69,79(7), 83
and 117(1).
1990-17.
2003-10.
s.117

THE LAWS OF BARBADOS
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by the authority of the Government of Barbados
97 L.R.O. 2007 The Constitution of Barbados
Parliamentary Secretary or any matter coming to my knowledge in my capac
ity as
such, and that in all things I will be a true and faithful Prime Ministe
r/Minister/
Parliamentary Secretary. So help me God.
Oath for the due execution of
the office of Director of Public Prosecutions.
I, , do swea
r that I will well and truly serve
Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Director
of Public Prosecutions. So help me God.
Judicial Oath
I, , do s
wear that I will well and truly serve
Our Sovereign Lady Queen Elizabeth II, Her Heirs and Successors, in the
office of
the Chief Justice/Justice of Appeal/Judge of the High Court and I will do right to all
manner of people after the laws and usages of Barbados without fear or f
avour,
affection or ill will. So help me God.
Judicial Oath for Judges of the
Caribbean Court of Justice
I, , do her
eby swear (or solemnly affirm) that
I will faithfully exercise the office of President/Judge of the Caribbean Court of
Justice without fear or favour, affection or ill will and in accordance with the Code of
Judicial Conduct. (So help me God (to be omitted in affirmation)).
______________
SECOND SCHEDULE
PROVISIONS RELATING TO CERTAIN TRlBUNALS
1. If a member of the tribunal dies or resigns from his office or becomes unable
to perform the functions thereof, another person qualified to be appoint
ed as a
member of the tribunal may be appointed in his place.
2. The Governor-General may appoint a secretary to the tribunal to record the
proceedings of the tribunal and generally to perform such duties connect
ed with the
enquiry as the tribunal may direct.
3. If the members of the tribunal are equally divided on any question that
arises
during the proceedings of the tribunal, the chairman of the tribunal sha
ll have and
exercise a casting vote.
1990-17.
2003-10.
Sections
84(6) and
105(5).

L.R.O. 2007 98 The Constitution of Barbados
4. The tribunal may regulate its own procedure and may make rules for this
purpose.
5. No member of the tribunal shall be liable to any action or suit for anyt
hing
done by him as a member of the tribunal.
6. The tribunal shall have the powers of the Supreme Court to summon
witnesses, to call for the production of documents and to examine person
s appearing
before it on oath. All summonses for the attendance of witnesses or the production
of documents shall be signed by one of the members of the tribunal, and
oaths may
be administered by one of the members or by the secretary to the tribuna
l.
7. (1) All persons summoned to attend and give evidence or to produce
documents at any sitting of the tribunal shall be bound to obey the summ
ons served
upon them as fully in all respects as witnesses are bound to obey subpoe
nas issued
from the Supreme Court, and shall be entitled to the like expenses as if
they had been
summoned at the instance of the Crown to attend the Supreme Court on a c
riminal
trial, if the same shall be allowed by the tribunal, but the tribunal ma
y disallow the
whole or any part of such expenses in any case if it thinks fit. The pro
cedure for the
payment of such witnesses shall be the same as nearly as may be for the
payment of
witnesses in the Supreme Court.
(2) Every person refusing or omitting, without sufficient cause, to attend a
t the
time and place mentioned in the summons served on him, and every person
attend-
ing, but leaving the enquiry without the permission of the tribunal, or
refusing
without sufficient cause to answer, or to answer fully and satisfactorily to the best of
his knowledge and belief, all questions put to him by or with the concur
rence of the
tribunal, or refusing or omitting without sufficient cause to produce an
y documents
in his possession or under his control and mentioned or referred to in t
he summons
served on him, and every person who shall at any sitting of the tribunal
wilfully insult
any member of the tribunal or the secretary or wilfully interrupt the pr
oceedings of
the tribunal shall be liable to a penalty not exceeding five hundred dol
lars to be
recovered in a summary manner before any Magistrate.
(3) A person giving evidence before the tribunal shall not be compellable to
criminate himself, and every such person shall, in respect of any eviden
ce given by
him before the tribunal, be entitled to all privileges to which a witnes
s giving
evidence before the Supreme Court is entitled in respect of evidence giv
en by him
before that court.
8. The person to whom the enquiry relates shall be entitled to be represent
ed
at the enquiry by a person entitled to practise in Barbados as a barrist
er or solicitor,
and any other person concerned in the enquiry may, by leave of the tribunal, be so
represented.

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The Constitution of Barbados
9. The Governor-General may direct the Commissioner of Police to detail
constables to attend upon the tribunal to preserve order during the proc
eedings of
the tribunal, and to serve summonses on witnesses, and to perform such m
inisterial
duties as the tribunal may direct.
10. (1) The Governor-General may direct
(a) what remuneration, if any, shall be paid to the members of the tribunal
and
to the secretary, and to any other persons employed in connection with the
proceedings of the tribunal; and
(b) payment of any other expenses attendant upon the carrying out of the
enquiry or upon any proceedings for any penalty under this Schedule.
(2) Any sums directed to be paid under the preceding sub-paragraph are hereb
y
charged on the Consolidated Fund.
11. No proceeding shall be commenced for any penalty under this Schedule
except by the direction of the Director of Public Prosecutions or of the
tribunal. The
tribunal may direct its secretary, or such other person as it may think
fit, to
commence and prosecute the proceedings for any such penalty.
______________
THIRD SCHEDULE
RULES RELATING TO THE CONSTITUENCIES
1. The electorate shall, so far as practicable, be equal in all constituenc
ies:
Provided that the electorate in any constituency shall, so far as practi
cable,
not exceed 115%, nor be less than 85%, of the total electorate divided b
y the
number of constituencies.
2. Natural boundaries such as highways and rivers shall be used wherever
possible. Section
41D(1).
1981-24.
2002-15.
2002-15.

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