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.
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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.
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7.2
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.
7.3.
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 -
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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
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payment of any other expenses attendant upon the carrying out of the
enquiry or upon any proceedings for any penalty under this
Schedule.
10.2
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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