Revised Laws of Saint Lucia (2021)

Schedule 1

(Section 3)

CONSTITUTION AND PROCEDURE OF THE BOARD

1.     Appointment of Members of the first Board

     The first Board shall consist of 7 members —

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   (a)     five of whom shall be Architects appointed by the Minister, on the nomination of the Institute of Architects; and

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   (b)     two other members chosen by the Minister.

2.     Appointment of members of Board

     Thereafter the Board shall consist of 7 members —

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   (a)     four of whom shall be registered Architects, appointed by the Minister on the nomination of the Institute of Architects; and

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   (b)     three other members chosen by the Minister.

3.     Appointment of Committees

     The Board may —

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   (a)     appoint committees composed of registered architects not being members of the Board, for the proper carrying out of its functions; and

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   (b)     delegate to any of the committees any functions it considers necessary.

4.     Tenure of Office

     A member shall, subject to paragraphs 4, 5 and 6, hold office for such period as the Minister may direct in the instrument appointing such member but shall be eligible for re-appointment.

5.     Absent Member

     Where a member has expressed his inability to act as such member or is absent from Saint Lucia for a long period, the Minister may appoint any person to act temporarily in his place.

6.     Appointment of Chairperson

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   (1)     The Board at its first meeting held after 1st January in each year shall elect one of its members to be the Chairperson for a term of one year, and that member shall be eligible for re-election as Chairperson.

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   (2)     The Chairperson shall have an original and a casting vote.

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   (3)     The Chairperson shall preside at all meetings of the Board at which he or she is present.

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   (4)     Where the Chairperson ceases to be a member of the Board before the expiration of the period for which he or she has been elected, the Board shall elect some other member in his or her place to be chairperson for the remainder of that period.

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   (5)     Where at any meeting of the Board, the Chairperson is not present or there is no Chairperson, the members present shall elect one of their members to act as Chairperson in respect of that meeting.

7.     Appointment of secretary and other officers

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   (1)     The Board may appoint a secretary and such other officers as it deems necessary for the purpose of carrying out its functions under this Act.

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   (2)     The secretary and other officers of the Board shall receive such pay and allowances as the Minister, after consultation with the Board, determines.

8.     Resignation of Members of the Board

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   (1)     A member, other than the Chairperson, may at any time resign his or her office in writing addressed to the Chairperson and upon the date of receipt by the Chairperson of such letter shall cease to be a member of the Board.

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   (2)     The Chairperson may at any time resign his or her office in writing addressed to the Minister and upon the date of the receipt by the Minister of the letter, the Chairperson shall cease to be a member of the Board.

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   (3)     The Minister may at any time by instrument in writing revoke the appointment of any member of the Board.

9.     Publication of Membership in the Gazette

     The names of all members of the Board as at first constituted and every change in the membership thereof shall be published in the Gazette.

10.     Quorum

     The quorum of the Board at any meeting shall be three.

11.     Temporary Appointments

     In the absence or inability to act of any member, the Minister may appoint any person to act temporarily in place of the member, and the temporary appointment shall be made in the same manner and from the same categories of persons if any, as the appointment of the member.

12.     Vacancies

     A vacancy shall be deemed to arise in the membership of the Board in case of —

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   (a)     the death or resignation of a member;

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   (b)     the revocation by the Minister of the appointment of a member;

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   (c)     the absence from Saint Lucia of a member without leave of the Minister;

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   (d)     the failure of a member to attend 3 consecutive meetings of the Board without permission.

13.     Seal of the Board

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   (1)     The seal of the Board shall be kept in the custody of the Chairperson or such officer of the Board as the Board may approve and may be affixed to documents or instruments pursuant to a resolution of the Board in the presence of the Chairperson and the Secretary of the Board.

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   (2)     The seal of the Board shall be authenticated by the signature of the Chairperson and the Secretary to the Board.

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   (3)     All decisions of the Board as well as documents or instruments, other than those required by law to be under seal, shall be signified in writing under the hand of the Chairperson.

14.     Procedure and Meeting

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   (1)     Subject to this paragraph, the Board shall have power to regulate its own procedure.

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   (2)     The Board shall meet at such times as may be necessary or expedient for the transaction of its business and each meeting shall be held on such days and at such time and place as the Board may determine.

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   (3)     The decision of the Board at any meeting shall be a majority of votes and in the event of an equality of votes the Chairperson or the member presiding at the meeting shall have a casting vote.

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   (4)     Minutes in proper form of each meeting of the Board shall be kept.

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   (5)     The decisions of the Board shall be by a majority of votes and, in addition to an original vote, the person presiding at a meeting shall have a casting vote in any case in which the voting is equal.

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   (6)     The validity of the proceedings of the Board shall not be affected by any vacancy amongst the members of the Board or by any defect in the appointment of a member of the Board.