Revised Laws of Saint Lucia (2023)

57.   Amendment of Schedules

The Minister, on the recommendation of the Central Bank, may amend the Schedules by Order published in the Gazette.

SCHEDULE 1

(Section 2(2))

PUBLIC REGISTRIES

1.   Registry of Companies and Intellectual Property

2.   Land Registry

3.   Registry of Civil Status

SCHEDULE 2

(Section 41(2))

CONSTITUTION, OPERATIONS AND PROCEDURES OF THE REVIEW COMMISSION

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   1.   CONSTITUTION OF REVIEW COMMISSION

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   A Review Commission shall consist of three members appointed by the Minister as follows —

     (a)     a Chairperson who shall be an attorney-at-law of not less than 7 years standing; and

     (b)     2 other members from among persons who appear to the Minister to have wide experience in legal, administrative, economic or financial matters.

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   2.   TERMS OF OFFICE FOR REVIEW COMMISSION

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   The members of the Review Commission shall hold office for a period not exceeding 3 years as specified in the instrument of appointment and are eligible for re-appointment.

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   3.   DISQUALIFICATION

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   A person is not qualified to be appointed, or to remain, a member of a Review Commission if the person —

     (a)     has a direct or indirect personal interest in a matter being considered or to be considered by the Review Commission;

     (b)     is convicted of an offence involving dishonesty or an offence under this Act;

     (c)     does not possess the experience and qualifications specified in paragraph 1(b) of this Schedule;

     (d)     is a member of the Senate or the House of Assembly; or

     (e)     is a director, an officer, an employee or an auditor of a credit bureau or credit information provider.

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   4.   SECRETARY TO REVIEW COMMISSION

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   (1)   The Minister shall appoint a suitably qualified person to act as Secretary to the Review Commission.

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   (2)   The Secretary shall provide administrative support to the Review Commission and is responsible for —

     (a)     preparing the agenda for each sitting of the Review Commission;

     (b)     giving notice of sittings which includes the agenda, the day, time and place of such sittings to members and other persons whose attendance is necessary or advisable;

     (c)     recording the proceedings of the Review Commission;

     (d)     providing copies of the records of the proceedings to members;

     (e)     preparing the correspondence and reports of the Review Commission; and

     (f)     carrying out such other tasks as are assigned to the secretary by the Review Commission.

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   5.   DECISION OF REVIEW COMMISSION

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   (1)   Decisions of the Review Commission shall be by a majority of the members present and voting, and in the event of an equality of votes, the Chairperson has a second or casting vote.

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   (2)   A decision of the majority of the members of the Review Commission is a decision of the Review Commission.

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   6.   SITTINGS OF REVIEW COMMISSION

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   (1)   The Review Commission shall sit as often as may be necessary to perform its duties and exercise its powers in an expeditious manner.

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   (2)   A sitting of the Review Commission shall be held on the days and at the times as the Chairperson determines.

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   (3)   Subject to section 41 of this Act, the Review Commission shall determine its own procedure; but the Review Commission shall give full opportunity to the parties to present evidence and make representations.

7.   NOTICE OF SITTINGS

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   (1)   The Chairperson shall cause written notice of the place, day and time of every sitting of the Review Commission to be given to the relevant parties, not less than seventy-two hours before the time scheduled for the sitting.

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   (2)   Notice of the sittings of a Review Commission shall be given to a member or a relevant party by —

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           (a)     in the case of an individual —

     (i)     handing a copy of the notice to the individual,

     (ii)     sending by facsimile transmission a copy of the notice to the individual at the fax number of the individual, or

     (iii)     sending by electronic mail a copy of the notice to the individual at the electronic address of the individual;

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        (b)     in the case of a credit bureau —

     (i)     leaving a copy with an employee at the office of the credit bureau,

     (ii)     sending by facsimile transmission a copy of the notice to the credit bureau at the fax number of the credit bureau, or

     (iii)     sending by electronic mail a copy of the notice to the credit bureau at the e-mail address of the credit bureau; or

     (c)     any other means approved by resolution of the Review Commission.

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   8.   RESIGNATIONS

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   (1)   Any member of the Review Commission other than the Chairperson may at any time resign his or her office by instrument in writing addressed to the Minister and transmitted through the Chairperson, and from the date of the receipt by the Minister of the instrument that member shall cease to be a member of the Review Commission.

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   (2)   The Chairperson of the Review Commission may, at any time, resign his or her office by instrument in writing addressed to the Minister and the resignation shall take effect one month after the date of the receipt by the Minister of the instrument.

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   9.   PUBLICATION OF MEMBERSHIP

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   The Minister shall cause to be published in the Gazette the names of all members of the Review Commission as first constituted and every change in membership thereof.

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   10.   REMUNERATION

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   Subject to the approval of the Minister, the members of a Review Commission may, in respect of a review, be paid such remuneration, whether by way of honorarium, salaries, fees or allowances.

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   11.   DISCLOSURE OF PERSONAL INTEREST

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   (1)   A member of the Review Commission who has a direct or indirect personal interest in a matter being considered or to be considered by the Review Commission shall, as soon as reasonably practicable after the relevant facts concerning the matter come to his or her knowledge, disclose the nature of his or her interest to the Review Commission.

(2)   A disclosure of interest in a matter shall be noted in the relevant records of the proceedings of the Review Commission.

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   (3)   Where a member discloses any personal interest in a matter being considered or to be considered by the Review Commission, the member shall not —

     (a)     be present at the sitting of the Review Commission while that matter is being dealt with by the Review Commission; and

     (b)     take part in any deliberations or vote relating to the matter.

12.   GENERAL AUTHORITY OF CHAIRPERSON

(1)   Where any doubt, dispute or difference arises with respect to the interpretation of any provision of this Schedule, the decision of the Chairperson of the Review Commission in this regard shall be final and binding.

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   (2)   Subject to Part 7 of this Act, the chairperson of a Review Commission has the power and authority to regulate the conduct of the proceedings of the Review Commission to which the provisions of this Schedule apply in all matters not provided for in this Schedule.

CHAPTER 13.12
CREDIT REPORTING ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation