| The constitution and laws of Barbados
Sections 84(6) and 105(5)
SECOND SCHEDULE
PROVISIONS RELATING TO CERTAIN TRIBUNALS
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
appointed as a member of the tribunal may be so 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 connected 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
shall have and exercise a casting vote.
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 anything
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 persons 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 tribunal.
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 summons served upon
them as fully in all respects as witnesses are bound to obey subpoenas issued
from the Supreme Court, and shall be entitled to the like expenses as if the
had been summoned at the instance of the Crown to attend the Supreme Court on a
criminal trial, if the same shall be allowed by the tribunal, but the tribunal
may disallow the whole or any part of such expenses in any case of it thinks
fit. The procedure 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 at
the time and place mentioned in the summons served on him, and every person
attending, 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 concurrence of the tribunal, or refusing or omitting without
sufficient cause to produce any documents in his possession or under his
control and mentioned or referred to in the 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 proceedings of the
tribunal shall be liable to a penalty not exceeding five hundred dollars 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 evidence
given by him before the tribunal, be entitled to all privileges to which a
witness giving evidence before the Supreme Court is entitled in respect of
evidence given by him before that Court.
8. The person to whom the enquiry relates shall be entitled to be represented
at the enquiry by a person entitled to practice
in Barbados as a barrister or solicitor, and any other person concerned in the
enquiry may, by leave of the tribunal, be so represented.
9. The Governor General may direct the Commissioner of Police to detail
constables to attend upon the tribunal to preserve order during the proceedings
of the tribunal, and to serve summonses on witnesses, and to perform such
ministerial 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 subparagraph are hereby
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 their secretary, or such other person as they may think
fit, to commence and prosecute the proceedings for any such penalty.
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