Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“body of persons” means any body politic, corporate or collegiate and any company, fraternity, fellowship, society of persons whether corporate or not corporate and any trust or co-operative society;

“licence” means any licence granted under this Act for or in respect of the premises indicated therein;

“licensee” means a person to whom a licence has been granted under this Act;

“member State” means a member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in Schedule 2;

“Minister” means the Minister to whom the responsibility for trade has been assigned;

“national” means a person who:

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   (a)     is a citizen of a member State;

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   (b)     has a connection with a member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being native or resident of that member State for the purposes of the laws of that member State relating to immigration;

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   (c)     is a company or other legal entity constituted in a member State in accordance with the laws of that member State and which that member State regards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central administration, and carries on substantial activity within the member State and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b);

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   and for the purposes of this definition, a company or other legal entity is:

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      (i)     substantially owned if more than 50% of the equity interest in the company or entity is beneficially owned by a person mentioned in paragraphs (a) and (b),

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      (ii)     effectively controlled if the persons mentioned in para-graphs (a) and (b) have the power to name a majority of its directors or are otherwise legally entitled to direct its actions;

“person” includes a body of persons and a Trader as defined in section 1 of the Commercial Code;

“sell” includes barter or offer or expose for sale or barter, or cause to be sold, bartered or offered or exposed for sale or barter;

“tobacco” includes snuff, cigarettes and cigars manufactured and unmanufactured tobacco;

“trade” means any operation of a commercial character by which the trader provides to customers for reward some kind of goods or services.

(Amended by Acts 4 of 1997 and 21 of 2006)