LAWS OF ANTIGUA AND BARBUDA

The Barbuda Council was established in 1976 by the Barbuda Local Government Act. It is an 11-member body consisting of nine directly elected and two ex officio (Barbuda's House and Senate representatives in the national Parliament) members who serve four-year terms.

Barbuda Local Government (CAP. 44 1

CHAPTER 44

T H E BARBUDA LOCAL GOVERNMENT ACT

Arrangement of Sections

Section

P ART I

Preliminary

1. Short title.

2. Interpretation.

Establishment and Composition of Council

3 . Establishment of Council.

4. Composition of Council.

5. Election of Chairman etc.

P ART I11

Membership of the Council

6. Qualifications for membership of the Council.

7. Forfeiture of seat.

8. Resignation of member.

9. Vacancies and by -elections.

Elections

10. Supervisor of Elections.

11. Returning Officers etc.

12. Electoral lists.

13. Elections.

14. Retirement, re- election and tenure of Office of elected

members.

15.Dissolution of the Council.

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2 CAP. 44) Barbuda Local Government

16.Rules.

17. Election petitions

P ART V

Functions and Powers of the Council

18. Functions, powers and duties of Council.

19. Power to make by -laws.

20. Borrowing powers of Council.

21. Power to acquire land etc.

Financial

22. Revenue and expenditure to be accounted for.

23. Use of money in Special Account.

24. Sources of revenue.

25. Estimates.

26. Provision of services to Council by Government.

27. Accounts.

28. Remission of Fees etc.

29. Property of Council.

PART VII

Secretary, Other Staff, and Public Officers

30.Secretary and other staff of the Council.

31. Public Officers.

32.Duties and Powers of Secretary.

33. Casual workers.

P ART VIII

Council Meetings and Procedure Thereat

34. Meetings of Council.

35. Majority decisions and casting votes.

36. Validity of proceedings.

3 7 . Members pecuniary interests.

38. Committees.

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Barbuda Local Government (CAP. 44 3

Assessments

39.Power of entry to assess premises for rates and taxes.

40.Land and House Taxes.

41. Notice of Assessment.

42. Assessment and service thereof.

43. Land and house taxes how recoverable.

44. Power of tenants to deduct land or house tax from rent.

45. Allowances to members of Council.

46. Offences.

47. Omnibus penalty.

48. Special provision as to the election of Chairman and

Deputy Chairman for purposes of election on 22nd

March, 1979.

SCHEDULE.

BARBUDALOCALGOVERNMENT

(23rd December, 1976.)

P A R T I

Preliminary

1. This Act may be cited as the Barbuda Local Short

Governjment Act.

2. In this Act, unless the context otherwise requires - lnte~retatiOn.

" Barbuda " or "the Island" means the Island of

Barbuda;

" Chairman " includes a temporary and an acting

Chairman;

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Cap. 42

" the Council " means the Barbuda Council established

under the provisions of section 3;

6 '

election" means an election of a member or members

of the Council;

" existing by- laws" means by - laws under the Barbuda

Act, and specified in the Schedule hereto;

''public office" and " public officer" shall have the same

meaning as that assigned to them in section 127 (1)

of the Constitution;

" the Minister " means the Minister of Finance;

"the Secretary " means the person appointed under sec-

tion 30 to be Secretary of the Council.

Establishment and Composition of Council

Establishment of

Council. 3. (1) For .the purposes of this Act there shall be

established a Council for Barbuda (in this Act referred to

as "the Council") which shall administer the system of local

Government for the Island constituted by this Act.

(2) The Council shall be a body corporate by the name

of " the Barbuda Council " with perpetual succession and

a common seal, and power to purchase, acquire, hold, mor -

tgage and dispose of land and other property.

(3) The Island shall be subject to the jurisdiction of the

Council which is hereby invested with the powers set out

in this Act.

(4) The Council shall be entitled to make contracts and

may sue and be sued by the name of " The Barbuda Coun -

cil", and may for all purposes be described by that name;

and service on the Council of all legal processes and notices

shall be effected by service on the Secretary at the office of

the Council.

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Barbuda Local Government (CAP. 44 5

( 5 ) The Council shall have an official seal which shall

be judicially noticed and shall be authenticated by the

signature of the Secretary; and any document purporting

to be sealed with the said seal so authenticated shall be

receivable in evidence of the particulars so stated in that

document.

(6) Until the Council obtains a seal in accordance with

the provisions of subsection ( 5 ) , a rubber stamp bearing the

corporate name of the Council and authenticated as aforesaid

may be used instead of such seal.

4. ( 1 ) The Council shall consist of the following per - Composition of

Council.

sons, that is to say-

( a ) the member of the House of Representatives

for the constituency of Barbuda;

( b ) a member of the Senate who possesses the

qualifications specified in subsection (1) of section 6; and

(c) nine elected members.

(2) When the Council first meets after this Act comes

into force, and in January of every year, before it proceeds

to the despatch of any other business, it shall elect two

members to be the Chairman and Deputy Chairman respec-

tively of the Council:

Provided that in any year where an election is held pur -

suant to section 14 of this Act, the election of a Chairman

and Deputy Chairman shall take place at the first meeting

after that election.

(3) For the purposes of subsection (2) the member refer -

red to in paragraph ( a ) of subsection (1) shall preside at the

meeting of the Council until a Chairman and Deputy Chair -

man are chosen.

5 . ( 1 ) If during the life of the Council the Chairman ~ ~ ; ~ ~ a : a , " f e t , .

or Deputy Chairman resigns or dies or is disqualified from

being a member of the Council the members shall elect a

Chairman or a Deputy Chairman, as the case may be, to

fill the vacancy thus created.

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6 CAP. 44) Barbuda Local Government

(2) The Deputy Chairman of the Council shall act as

Chairman in the absence of the Chairman from any meeting,

and if both the Chairman and Deputy Chairman are absent,

the members present may elect a temporary Chairman from

among themselves for the purpose of that meeting.

Membership of the Council

Qualifications for

membership of 6. (1) Subject to the provisions of subsection (2) a per-

the council. son shall be qualified to be elected as a member of the Council

if-

(a) he is a Commonwealth citizen of the age of eigh-

teen years and upwards; and

(b) was born in Barbuda, or is the child of parents

at least one of whom was born in Barbuda, or has resided

in Barbuda for a period of not less than three years

immediately before the date of his nomination for elec-

tion; and

(6) is not disqualified from being elected a member

of the Council; and

(4 is ordinarily resident in Barbuda, and

Cap. 379. ( e ) is a registered voter under the Representation

of the People Act.

(2) A person shall be disqualified from being elected

as a member of the Council who-

(a) is by virtue of his own act under any

acknowledgement of allegiance, obedience or adherence

to a foreign power or state; or

(6) is an undischarged bankrupt having been so

adjudged or declared bankrupt in Antigua and Barbuda;

or

(6) 'is certified to be insane or otherwise adjudged

to be of unsound mind under any law in force in Antigua

and Barbuda; or

(6)is under sentence of death imposed on him by

a court or has been sentenced to imprisonment (by

whatever name called) for a term of or exceeding twelve

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Barbuda Local Government (CAP. 44 7

months and has not either suffered the punishment to

which he was sentenced or such other punishment as

may by competent authority have been substituted

therefor, or received a free pardon; or

( e ) holds or is acting in any paid office or other

place of profit in the gift or disposal of the Council; or

Cf) is disqualified from being elected or being a

member of the Council under any provisions of this Act

or any other Act relating to corrupt or illegal practices; or

('g) holds or is acting in any public office; or

( h ) belongs to any of the Armed Forces of the

Crown or to the Police Force; or

(i) subject to any exemptions or limitations

prescribed by the Legislature, has any such interest in

any such contract with the Council as may be so

prescribed; or

@ ceases to be a Commonwealth citizen; or

(k) is a minister of religion.

7. If any elected member of the Council is absent from fp:titure of

any three consecutive meetings of the Council without the

leave of the Chairman, or is absent from Antigua and

Barbuda for more than sixty days without such leave, or

if any circumstances arise that, if he were not such a member,

would cause him to be disqualified for election, he shall cease

to be a member and his seat shall thereupon become va -

cant; and the Chairman shall without undue delay inform

the Minister and the Supervisor of Elections in writing of

the vacancy.

8. Any member of the Council may resign his seat of

by writing under his hand addressed to the Chairman or,

in the case of the Chairman, by writing under his hand

addressed to the Secretary.

9. (1) Should a vacancy arise among the elected :;;:::$;;;d

members of the Council, whether through death, resigna -

tion or any other cause a by- election for the purpose of filling

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8 CAP. 44) Barbuda Local Government

the vacant seat shall be held on such date as the Governor-

General may appoint under paragraph (c) of subsection ( 1 )

of section 13.

( 2 ) Upon the holding of a by - election to fill a vacancy

as in subsection ( 1 ) provided, the member elected in such

by -election shall hold his seat in the Council for so long only

as the member whose place he has filled would have held

such seat had such vacancy not occurred.

Supervisor of

Elections. 10. ( 1 ) The Governor - General shall appoint some fit

and proper person to be Supervisor of Elections.

( 2 ) The Supervisor of Elections shall have charge of and

exercise general supervision over the conduct of elections.

Returning

Officers etc. 1 . The Supervisor of Elections may appoint such

Returning Officers, Presiding Officers and Poll Clerks as

may from time to time be necessary for the conduct of

elections.

Electoral lists. 12. (1) The register of electors for an election shall

be the register used for the purpose of the election to the

House of Representatives of the member for the constituen -

cy of Barbuda.

( 2 ) Any person whose name appears on the said register

shall be entitled to vote in the election of a member to the

Council.

Elections. 13. ( 1 ) The Governor - General shall fix a date for the

holding of-

( a ) the first election under this Act;

( 6 ) an election for the purposes of subsections (1)

and (2) of section 14;

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Barbuda Local Government (CAP. 44 9

(c) a by - election following upon a vacancy among

the elected members of the Council, so however that

such date shall not be more than five weeks after the

vacancy arose; and

(d) any election following upon a dissolution of the

Council; provided that such date shall not be more than

eight weeks after the said dissolution.

(2) When a date has been fixed by the Governor-

General pursuant to subsection (1) for the holding of an elec-

tion the Supervisor of Elections shall without delay cause

notices announcing the same to be published in the Gazette

and posted on the outer doors of the office of the Council,

and of any church with the permission of the Minister in

charge thereof, and of any police station and Government

School, and in any other conspicuous places he shall think

fit for a period of at least ten days before the date fixed for

such election.

(3) Ten days before the date fixed for an election or

by -election the Returning Officer shall attend at ten o'clock

in the morning until one o'clock in the afternoon of the same

day at the office of the Council and shall receive the nomina -

tions of persons qualified for election as members of the Coun -

cil. Each candidate shall be proposed and seconded by at

least two duly registered voters.

(4) If at one o'clock in the afternoon the number of

candidates who have been validly nominated are equal to

or less than the number of seats to be filled, the Returning

Officer shall as soon as possible thereafter publicly declare

those candidates to be duly elected and shall immediately

notify the results of such election in writing to the Super -

visor of Elections, and to the Secretary in any case where

the Secretary is not himself the Supervisor of Elections.

( 5 ) Where, pursuant to subsection (4) the notification

to the Supervisor of Elections is to the effect that after declar -

ing those candidates validly nominated to be duly elected,

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10 CAP. 44) Barbuda Local Government

a number of seats still remain to be filled, a fresh election

shall be held on such date as the Governor-General may

appoint, within a period of five weeks from the date on which

the previous election had been fixed to take place, for the

purpose of electing to the Council a sufficient number of

candidates to fill the vacant seats. If at such fresh election

the said seats still remain unfilled, the Governor-General shall

appoint persons duly qualified for membership of the Council

to fill the vacant seats and such persons shall be deemed to

be elected members of the Council.

(6) If there shall be more candidates validly nominated

than the number of seats to be filled, a poll shall be taken

and in such case the Returning Officer shall adjourn the tak-

ing of the poll to the date which was fixed for the holding

of the election.

(7) O n the date fixed for the election under the provi -

sions of this section, the Presiding Officer shall attend at

the place set apart for such election, and there between the

hours of seven o'clock in the mornina and six o'clock in the-afternoon, he shall receive and record the votes of those duly

qualified to vote at such election:

Provided that the Supervisor of Elections may, if he con-

siders it desirable so to do, establish several polling stations

each with its own Presiding Officer.

(8) Voting shall be by secret ballot and as soon as pos-

sible after the close of the polls the Returning Officer shall

count the votes validly cast; the candidates or their duly

authorised agents, not being more than one for each absent

candidate, being then present if they so elect. The Return-

ing Officer shall then publicly declare the persons having

the largest number of valid notes to be duly elected members

of the Council according to the number of seats to be filled.

(9) Whenever there is an equality of valid votes between

two or more candidates, the Returning Officer shall make

a special return of the results of the election to the Secretary,

and the Council shall have the right by resolution to choose

one of such candidates to be the member of the Council.

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(10) The procedure for the election of a member in a

by -election shall be the same as for an ordinary election.

14. (1) At the expiration of a period of two years after Retirement, re-

election and

the first election under this Act, the four members elected tenure of office

by the smallest number of votes shall retire from office but zl:i:::

shall be eligible for re-election and an election shall be held

on such date as the Governor-General may appoint within

a period of eight weeks from the date of retirement of the

members for the purpose of filling the seats left vacant by

the said members.

(2) The next election under this section shall take place

at the expiration of two years after the election held pur -

suant to subsection (I), when the five elected members who

had hitherto not retired shall retire from office but shall be

eligible for re-election; thereafter, subsequent elections shall

be held at regular intervals of two years between each elec-

tion, and the members shall retire in rotation at each alter -

nate election in groups of four or five as may be appropriate,

so however that each retiring group of members shall always

be eligible for re-election.

(3) Subject to the provisions of subsection (1) the tenure

of office of an elected member of the Council shall be four

years.

15. The Council may at any time be dissolved at its Dissolution of the

Council.

own request signified by a resolution supported by a two-

thirds majority of its members.

16. The Cabinet may make rules to regulate the con - Rules.

duct of elections under this Act, and until such rules have

been made, the Elections Rules contained in the First

Schedule to the Representation of the People Act, shall app - Cap. 379.

ly mutatis mubndis to elections and by -elections held under

this Act.

17. (1) A petition complaining of an undue return Election petitions.

or undue election of a member of the Council (in this sec-

tion called an election petition) shall be presented and dealt

with mutatis mutandis in accordance with Part I11 of the

Representation of the People Act. Cap. 379.

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12 CAP. 44) Barbuda Local Government

( 2 ) An election petition may be presented by any one

or more of the following persons, that is to say-

( a ) some person who voted or had a right to vote

at the election to which the petition relates;

( b ) some person claiming to have been a candidate

at such election.

Functions and Powers of the Council

Functions, powers 1 ( 1 ) The Cabinet may, save as respects the matters

and duties of

Council. and things specified in subsection ( 2 ) of this section, give

general or special directions to the Council as to the policy

the Council should follow in the exercise of the powers and

functions of the Council under this Act or any other law.

( 2 ) In the exercise by the Council of its powers and func -

tions under this Act it shall be the responsibility and duty

of the Council -

( a ) to administer agriculture and forestry;

( b ) to administer public health, medical and

sanitary facilities and services;

(c) to administer and regulate the provision of elec-

tricity and water services and other public utilities;

(d) to construct, improve and maintain roads;

(e) to raise and collect revenue pursuant to the pro -

visions of this Act to enable the Council to meet expenses

necessarily incurred or to be incurred in the performance

of its powers and functions under this subsection except

to the extent that financial provision in that behalf may

be made from time to time by Parliament.

(3) Subject to the provisions of subsection (1) of this

section, it shall be the general duty of the Council -

(a) further to the provisions of subsection ( 2 ) (e)

of this section, to provide for the collection and expen -

diture for the benefit and improvement of Barbuda of

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all monies authorised by law to be raised for that pur -

pose; and

( 6 ) to enforce the provisions of this Act.

(4) Subject to the provisions of subsection (1) of this

section and without prejudice to the generality of the other

provisions of this section, it shall, further to the provisions

of subsection (2) of this section, be the duty of the Council-

( a ) to improve and maintain public buildings,

wharves and harbour facilities;

(b) to promote hotel and tourist development in

accordance with and subject to any law relating to the

alienation of land, foreign investment or tax incentives;

( 6 ) to administer fisheries;

(d) to arrange for the protection and care of public

buildings;

(e) to apply the net amount of all monies collected,

in paying all expenses incurred by the Council under

this Act or any other law, and also in repairing, cleans -

ing, draining and otherwise maintaining in good order

such roads and other public places, such water works,

buildings and works, as may belong to the Council or

as may from time to time be transferred to it, and also

in payment of any other expenditure required by this

Act or any other law;

(f) to keep accounts of all assessments made and

monies collected and disbursement paid by the Council;

(g) to deliver copies or abstracts of all such

accounts, at least once each year, to the Director of Audit

who shall forthwith forward to the Minister one copy

thereof, and the Minister shall within one month of the

receipt of the same lay it before the House of

Representatives;

( h ) to make detailed lists of houses and lots of land

in Barbuda, and of the owners and occupants thereof,

and to deliver copies thereof to the Minister;

(1) to perform such other duties as may be required

under this Act or any by - laws made thereunder.

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Power to make

by - laws.

(5) Where in the opinion of a relevant authority the

co-operation and assistance of the Council would facilitate

the implementation or execution of any public business that

is the responsibility of that relevant authority under and by

virtue of the Constitution, this Act or any other law, it shall

be lawful for the relevant authority to consult the Council

in the matter and, in that event, the Council shall render

all possible assistance to the relevant authority in the im -

plementation or execution of such public business.

(6) Where in the opinion of the Council the co-operation

and assistance of a relevant authority are re q uired to enable

the Council to discharge any of its powers, functions or duties

under this Act, it shall be lawful for the Council to consult

with that relevant authority in the matter and, in that event,

the relevant authority shall render all possible assistance to

the Council in the discharge of such powers, functions or

duties.

(7) In this section, " relevant authority " means a

Ministry or Department of the Government and any

authority or body established under and by virtue of the Con -

stitution, this Act or any other law.

19. (1) The Council shall have power to make by -

laws, which shall be authenticated by the signatures of the

Chairman and the Secretary, with respect to the following

matters-

(i) the times and mode of convening meetings,

the attendance of members and the form and

order of debates thereat, the appointment and

constitution of committees, the regulation of

the proceedings of committees, and the con -

duct of the business of the Council and its

committees;

(ii) the naming, cleaning regularly, and width of

streets and roads and the maintenance of such

village or minor roads or other roads placed

under the control of the Council;

(iii) the management and removal of sewerage mat -

ter and the suppression, abatement, removal

or discontinuance of any nuisance;

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Barbuda Local Government (CAP. 44 15

(iv) the collection and removal of household refuse

from premises, and the cleanliness of public

places or places of public resort;

(v) the keeping of animals, birds, and beasts, and

the destruction of insects as well as the impor -

tation and exportation of livestock, and the

number and kinds thereof allowed to be kept

by any one person;

(vi) establishing and regulating pounds and pro -

viding for the imposition of pound fees;

(vii) establishing and regulating markets and

slaughter - houses and regulating market dues

and the fees for fairs, sales, and the hawking

of livestock, produce or any goods whatsoever;

(viii) the slaughtering of animals whose flesh is

intended to be offered for sale for food, and

the inspection and sale of livestock, meat, fish,

vegetables and other food - stuffs and of liquids

intended for human consumption;

(ix) the establishment and regulation of public bath

houses, public washing places and public con -

veniences and other sanitary matters;

(x) the siting, regulation and upkeep of public

cemeteries and the imposition of fees for the

opening of graves, interments and the erec -

tion of monuments in such cemeteries;

(xi) the construction of buildings to be used as

cinemas, the licence fees to be paid for the same

a n d for public entertainment a n d

performances;

(xii) the management and control of public cultural

institutions, public parks and other places of

public recreation;

(xiii) regulating the storing and sale of dangerous

or inflammable substances;

(xiv) the provision of guides for tourists and the

prevention of annoyance to tourists by beg -

gars and idlers;

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(xv) the provision of water tanks or other recep-

tables for the collection and storage of rain

water on any premises whether the same be

in existence or are intended to be erected;

(xvi) regulating any other public utilities which may

from time to time be established by the Coun -

cil or be handed over to the Council by the

Government, by any other organisation, or by

any person; and the levying and collection of

fees, rates and charges therefor;

(xvii) regulating traffic on streets and roads subject

to the provisions of the Vehicles and Road

Traffic Act and of any regulations made

thereunder;

(xviii) the control of and the imposition of fees, rates

and taxes on-

(a) mobile refreshment vans and carts;

(b) itinerant traders and vendors;

(c) aerated water factories;

(d) restaurants and other eating places;

(xix) the regulation and control of unoccupied

building lots;

(xx) the levying and collecting of rates and taxes

on all buildings and land in the Island save

and except buildings and land vested in Her

Majesty the Queen for the purposes of the

Government;

(xxi) provision grounds;

(xxii) protection against fire;

(xxiii) prohibition and restriction of importation of

cotton seed from the Island of Antigua;

(xxiv) infectious diseases;

(xxv) wood cutting and charcoal burning and lime

burning;

(xxvi) shooting deer and other game;

(xxvii) dog, boat and livestock licences;

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Barbuda Local Government (CAP. 44 17

(xxviii) liquor licences;

(xxix) tanning and other industries;

(xxx) highways and enclosures;

(xxxi) coasting trade;

(xxxii) fishing;

(xxxiii) the purchase and sale of hides and meat,

cotton, corn and crops generally;

(xxxiv) lighting;

(xxxv) the height to which the ground of buildings

shall be raised above the ground;

(xxxvi) the minimum size and the ventilation of each

room in a dwelling house, and the number of

persons who may inhabit such dwelling house;

(xxxvii) the area or space to be secured around each

building;

(xxxviii) the line of buildings abutting or otherwise on

any highway or path;

(xxxix) the numbering of buildings and building lots,

the structure and material of walls, founda-

tions, and roofs of new buildings, the method

of repairing or rebuilding old buildings with

special regard to the materials used in such

repairs, and the closing, removal or demoli -

tion of old or dangerous buildings.

(2) Notwithstanding the provisions of the Public Utilities Cap. 359.

Act, the Council may make by-laws with respect to the follow-

ing matters-

(a) regulating the supply and distribution of water

for sanitary, domestic and business purposes to any

premises in the island;

( 6 ) preventing the waste and pollution of such

water;

(c) regulating the supply and distribution of elec-

tricity to any premises in the island;

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