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Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00312
 Material Information
Title: Leeward Islands gazette
Physical Description: reels. : ;
Creator: Leeward Islands (West Indies)
Publisher: Gov. Printing Office
Place of Publication: Antigua
Publication Date: 1872-
 Subjects
Subject: Politics and government -- Periodicals -- Leeward Islands (West Indies)   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: 1- , 1872-
General Note: Two pages per frame.
General Note: Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
 Record Information
Bibliographic ID: UF00076863
Volume ID: VID00312
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001724221
notis - AJD6739
 Related Items
Succeeded by: Antigua, Montserrat and Virgin Islands gazette

Table of Contents
    Main
        Page 73
        Page 74
        Page 75
        Page 76
    Virgin Islands - Statutory Rules and Orders, No. 11 of 1956: Animals (Prohibition of Movement) Regulations, 1956
        Page A 1
    General Government - Statutory Rules and Orders, No. 19 of 1956: Virgin Islands Postal Service (Amendment) Rules and Regulations, 1956
        Page B 1
    Antigua - Statutory Rules and Orders, No. 11 of 1956: Income Tax (Double Taxation Relief) (Denmark) Order, 1956
        Page C 1
        Page C 2
        Page C 3
        Page C 4
        Page C 5
        Page C 6
        Page C 7
        Page C 8
        Page C 9
        Page C 10
        Page C 11
        Page C 12
        Page C 13
        Page C 14
        Page C 15
        Page C 16
        Page C 17
    Montserrat - Statutory Rules and Orders, No. 3 of 1956: Income Tax (Double Taxation Relief) (Denmark) Order, 1956
        Page D 1
        Page D 2
        Page D 3
        Page D 4
        Page D 5
        Page D 6
        Page D 7
        Page D 8
        Page D 9
        Page D 10
        Page D 11
        Page D 12
        Page D 13
        Page D 14
        Page D 15
        Page D 16
        Page D 17
    Virgin Islands - Ordinance, No. 11 of 1955: Education Ordinance, 1955
        Page E i
        Page E ii
        Page E 1
        Page E 2
        Page E 3
        Page E 4
        Page E 5
        Page E 6
        Page E 7
        Page E 8
        Page E 9
        Page E 10
        Page E 11
        Page E 12
        Page E 13
        Page E 14
        Page E 15
        Page E 16
        Page E 17
        Page E 18
        Page E 19
        Page E 20
        Page E 21
        Page E 22
        Page E 23
        Page E 24
        Page E 25
        Page E 26
        Page E 27
        Page E 28
        Page E 29
        Page E 30
        Page E 31
        Page E 32
        Page E 33
        Page E 34
        Page E 35
        Page E 36
        Page E 37
        Page E 38
        Page E 39
        Page E 40
        Page E 41
Full Text







THE LEEWAR ISl


GAZETTE

Sublistleb by 2utboritp.


VOL. LXXXIV.


THURSDAY, 26TH APRIL, 1956.


Notices.

It is hereby notified for general
information that His Excellency the
Governor has issued a Commission to
the Hon. P. D MACDONALD, C.M.G.,
'appointing him to be Governor's
Deputy during his absence from
Antigua whilst visiting St. Kitts-Nevis
and Anguilla from the 30th April to
the 19th May, 1956.
Tht Secretariat,
Antigua.
24th April, 195i;.
Ref. No. 13/00283.

BY THE GOVERNOR OF THE
LEEWARD ISLANDS.

A PROCLAMATION.
ALEC LOVELACE,
Administrator.
WHEREAS under section 3 of the
Cotton Protection Ordinance 1922
(No. 7 of 1922), as amended by the
Cotton Protection Amendment Ordi-
nance, 1926 (No. 5 of 1926), it is
provided that the Governor in
Council may from time to time by
Proclamation published in the Gazette
declare any period of each year to be
a close season for cotton and for such
other plants as may be specified in
any such Proclamation either for the
whole Presidency or for such area or
areas thereof as may be specified in
such Proclamation:
NOW THEREFORE I, ALEC
LOVELACE, a member of the Most
Excellent Order of the British Empire,
Administrator of the Presidency of
Antigua, with the advice of the
Executive Council of the Presidency
of Antigua, do by this my Proclama-
tion declare that the period from the
seventh day of May, 1956 to the
fifteenth day of August 1956, both
days inclusive, shall be a close season
within the meaning of the said Ordi-
nance for the whole of the Presidency
of Antigua, excepting that area of-
land situate at Friars Hill under the
control of the Central Cotton Station.
AND I do hereby order all occu-
piers of land, in pursuance of the said
Ordinance, completely to uproot and
burn all cotton and okra plants and
all or any portion of the same growing
or remaining on any such land
occupied by them before the first day
of the said close season.


AND I do further declare that any
person who sows or plants or causes
to be sown or planted any cotton or
okra in any part of the said Presi-
dency during the said close season
shall be guilty of an offence under
the said Ordinance.
GIVEN at the Administrator's Office,
,.ntigua, this 24th day of April,
1956, and in the fifth year of
Her Majesty's reign.
GOD SAVE THE QUEEN!

With reference to the Gazetto
Notice of the 21st July, 1955, it is
hereby notified for general informa-
tion that the appointment of Mr. H. O.
CREQUE as Registrar of the Supreme
Court of the Windward Islands and
Leeward Islands in the Virgin Islands
Circuit has been cancelled with effect
from the 23rd April, 1956, and that
Mr. H. A. BassoN, Legal Assistant,
Virgin Islands, has been appointed
Registrar with effect from the last-
mentioned date.

The Secretariat,
Antigua.
19th March, 1956.
Ref. No. 13/00282

It is hereby notified for general
information that the Governor's
Deputy has issued Commissions
appointing Mr. H. A. BESSON, Legal
Assistant. Virgin Islands, as Magis-
trate, and His Honour E. A. EVELYN,
I.S.O., Acting Commissioner of the
Virgin Islands, as Additional Magis-
trate, in and for Magisterial District
"J" (Virgin Islands) of the Colony
of the Leeward Islands with effect
from the 23rd April, 1956.
The Secretariat,
Antigua.
19th April, 1956.
Ref. No. 13/00247

CONFIRMATION OF ORDINANCES.
No. 49.
The Secretary of State for the
Colonies has informed the Governor
that the power of disallowance will
not be exercised in respect of the
undermentioned Ordinances:-
Antigua.
No. 18 of 1955, "The Harbours
and Roadsteads (Amendment) Ordi-
nance, 1955 ".


Montserrat.
No. 4 of 1955, "The Electricity,
Ice an'd Cold Storage Ordinance,
1955."
The Secretariat,
Antigua.
18th April, 1956.


No. 50.
The Governor has, this day, been
pleased to assent to the undermen-
tioned Ordinance:-

St. Kitts-Nevis and Angudla.

No. 10 of 1956. "The Nurses

Registration Ordinance, 1956 ".
April, 21


No. 51.
The following Ordinance and
Statutory Rules and Orders are circu-
lated with this Gazette and form
part thereof:-

ORDINANCE.

Virgin Islands.

No. 11 of 1955, "The Education
Ordinance, 1955."
41 pp. price 50 cts.

STATUTORY RULES & ORDERS.

General Government.
No. 19 of 1956, "The Virgin
Islands Postal Service (Amendment)
Rules and Regulations, 1956."
1pp. price 3 cts.
Antigua.
No. 11 of 1956, "The Income Tax
(Double Taxation Relief) (Denmark)
Order, 1956." 17 pp. price 20 cts.
Montserrat.
No. 3 of 1956, "The Income Tax
(Double Taxation Relief) (Denmark)
Order, 1956." 17 pp. price 20 cts.
Virgin Islands.
No. 11 of 1956, "The Animals
(Prohibition of Movement) Regula-
tions, 1956." 1pp. price 3 cts.


3rg47- ~

LY l


No. 19.









THE LEEWARD ISLANDS GAZETTE.


In the Supreme Court of the
Windward Islands and
Leeward Islands.


ANTIGUA CIRCUIT.

A.D. 1956.


Notice is hereby given that in pur-
suance of Rules made by the Chief
Justice under Section 16 of the
Windward Islands and Leeward Is-
lands (Courts) Order-in-Council 1939,
and duly approved as therein provided
on the 16th day of'October, A.D.
1941, the Honourable the Puisne
Judge selected for the sitting of the
Court in the Antigua Circuit has
appointed the day of the month on
which the ensuing Circuit Court shall
sit as follows, that is to say:-

The Antigua Circuit on Monday
the 28th day of May, 1956 at 10
o'clock in the forenoon.

Dated the 18th day of April, 1956.

C. O. BYRON,
Ag. Registrar.
Ref. No. R.O. 120 A.

LEEWARD ISLANDS

Presidency of Antigua.
THE FRIENDLY SOCIETIES

ACT, 1928,

(No. 8 of 1928).
THE EX-SERVICEMEN'S
ASSOCIATION OF ANTIGUA.


Pursuant to the provisions of Sec-
tions 71 (1) (b) and (3) of the Friendly
Societies Act, No. 8 of 1928, I have
this day with the approval of His
Lordship Mr. Justice DATE, Puisne
Judge of the Supreme Court of the
Windward Islands and Leeward Is-
lands for the Antigua Circuit, obtain-
ed in Chambers on the 6th day of
April, 1956, cancelled the registry
of the Ex-Servicemen's Association
of Antigua, a Society duly registered
under the provisions of the said Act
on the 27th day of July, 1948.
The reason for such cancellation is
that the said Society has wilfully and
after notice from the Registrar,
violated the provisions of Sections 26
and 28 of the aforesaid Act.

GIVEN under my hand at the
Supreme Court Registry St.
John's, Antigua, this 9th day
of April, 1956.

CECIL O. BYRON,
Acting Registrar of Friendly
Societies.


Provision has been made for a
limited number of candidates from
the Colonies to be admitted to cadet-
ship in 1957, at the Royal Air Force
College, Cranwell, and for Royal Air
Force Apprenticeships.

Candidates for admission to Cran-
well should-

(a) be within the age limits of
17J to 19 years on 1st January
1957, and should have reached
a standard of general education
equal to that which is normally
required for admission to a
degree course at a University, e.g.
the University College of the
West Indies, including a know-
ledge of Mathematics to the
required standard.
(b) comply with the medical
standards laid down for admis-
sion to the Royal Air Force.

(c) be British subjects and
unmarried and members of fam-
ilies established and resident in
the Presidency.

Candidates for Royal Air Force
Apprenticeships should-
(a) be within the age limits of
15 and 17 on the 1st January,
1957, and shall be required to
have. passed locally a written
examination based upon exam-
ination papers prepared in
England for the purpose.

(b) comply with the medical
standards laid down for enlist-
ment in the Royal Air Force.
(c) be British subjects and
members of families established
and resident in the Presidency.

Passage costs to the United King-
dom of nominated candidates will be
borne by the United Kingdom Gov-
ernment but no candidate will be
nominated unless his parent or
guardian accepts financial liability in
writing for his maintenance and
return passage to Antigua should the
candidate fail to qualify in the selec-
tion tests or be found medically unfit
for Royal Air Force Service by the
final Medical Board. In the case of
apprentices, however, any such can-
didates who are not considered
suitable for apprenticeship, may, if
suitable and willing, be offered enlist-
ment as boy entrants under the
scheme as an alternative to rejection.

All applications should be addressed
to The Administrator marked Appli-
cation for Royal Air Force Cadetship
or Application for Royal Air Force
Apprenticeship, as the case may be,
and should reach the Administrator's
Office not later than 31st July, 1956.

By Order,


Administrator.


City Rate for 1956.
Notice is hereby given that the
City Rate Assessment List for 1956
has been posted on the outer door of
the Treasury and at the Central Board
of Health Office.

The rate fixed on properties north
of the houses bordering on Alfred
Peters Street under an assessed
annual rental value of $48.00 is 5%
and of $48.00 and over 71%. The
rate on all other property under an
assessed annual rental value of
$48 is 10% and of $48 and over 15%.

Any person who objects to any
assessment in the said list must lodge
his objection in writing with the
Secretary, Central Board of Health
within fourteen days after the date
of this notice.

A. M. TAYLOR,
Secretary, Central Board
of Health.
Central Board of Health QOfice,
Antigua.
19th April, 1956.
Ref. No. A. 65/7-IV.

Statement showing British Caribbean Coin
circulation in the British Caribbean
Territories (Eastern Group) on 1st
March, 1956.

Average Circulation during
January 1956 $1,199,515
British Caribbean Coins in cir-
culation-ist March 1956


Trinidad & Tobago
Barbados
British Guiana
Grenada
St. Vincent
St. Lucia
Dominica
Antigua
St. Kitts
Montsprrat


$455,000
355,725
303,725
64,000
49,025
78,250
73,350
53,775
40,250
4,700


1,477.800

L. SPENCE,
Executive Commissioner,
Br. Caribbean Currency Board.

British Caribbean Currency Board,
Treasury Chambers,
Port of Spain,
Trinidad.
24/00079,

TRAFFIC NOTICE.

The Vehicles & Road Traffic
Ordinance, 1946.


By virtue of the powers conferred
on me in Section 2 of the Vehicles
and Road Traffic Ordinance 1946
(No. 5 of 1946), I hereby fix the
period hereunder for the lighting of
Vehicles.


[26 April, 1956.










THE LEEWARD ISLANDS GAZETTE.


Until further iioice, the lighting
period of vehicles shall be from
Z.45 p.m. to 5.45 a.nm.

Dated this 31st day of March,
1956.
E. M. V. JAMES,
Lt. Col.
Traffic CoGnmissioner.
Ref. No. 36/00007.

TO ALL COTTON PRODUCERS
In accordance with Ordinance No.
7 of 1922, Section 3, the Governor-in-
Council has proclaimed 7th May to
15th August, 1956, to be the Cotton
Close Season for this year.
This measure is necessary for your
protection so as to control the Pink
Boll Worm.
All Cotton plants, Okras, Se-d
Cotton and Cotton refuse must be
destroyed by Burning.

After 7th May, any person found
having any of the above on his or her
holding Will be prosecuted. In addi-
tion, any costs for destruction
undertaken by the Department of
Agriculture will be charged against
-the person concerned.
MALCOLM PARK,
Director of Agriulture.

Agricultural Departmen .
Antigua,
14th April, 1956.

Applications are invited from
-Suitably qualified candidates for
appointment to the post of Senior
Accountant, Grenada, which has been
created under the Hurricane Rehabi-
litation Programme. Particulars of
the post are as follows:-

APPOINTMENT: The post is non-
pensionable, and the appintmeiit
will be on a contractual Inisis for
a period of 2 or 3 years in the
first instance.

1. Duties of office, and qualifica-
tions required for their performance.

(1) To introduce, operate and
supervise systems of ac-
counting for

A. A programme of Agri-
cultural R-habilitation.

B. A Rehousing programme
with grant and loan
features.

(2) Control of accounting staff.

(3) Preparation of Financial
summaries as and when
required.

(4) Such other duties as the
O.A.G. may from time to
time direct.

QUALIFICATIONS: Chartered Ac-
countant or Senior Accountant
otherwise qualified.


2. Emoluments of Office:-
(a) Pensionable:
(6) Nun-pensionable: 1,000
to 1,500 according to qualifica-
tion and experience.

3. Allowances, quarters, and other
circumstances affecting the value of
the Office, including grant of free or
assisted passages to the Officer and
his family on first appointment and
on leave.

Free passages for self, wife and
two children will be provided on
first appointment and on satis-
factory termination of the ap-
pointment. Local transport will
be provided for approved travel
on duty or travelling allowance
in lieu if car already owned.
The officer and family may be
required to reside temporarily or
for a longer period in a hotel in
which case Government will
contribute to his hotel expenses
according to a formula of general
application in such matters. In
the event of Government quarters
becoming available, the officer
will be required to pay rental not
exceeding 10% of his salary.
The Officer will be eligible for
leave on full salary at the rate of
1 week for each completed period
of 3 months service. Such leave
to be taken on the satisfactory
completion of the period of
engagement.

4. Nature, number, and amount
of securities required, and mode of
giving them.
NIL

5. Acts, laws or ordinances making
provision respecting any of the above
matters, with reference to the sections
in which such provision is made.
NIL

6. Whether house accommodation
is a a i 1 a 1 e or readily procurable
whether furniture, &c., should be
brought from England, and any other
particulars of a like nature likely to
be useful for the information of
candidates.
Suitable house not at present
available. Furniture can be hired
from the Public Works Depart-
ment at 10% of cost if and when
house becomes available.

7. Whether free medical attend-
ance and medicines are provided.
No

8. Whether and, if so, what rates
and taxes are payable. Income Tax
at local rates.

Applications giving full particulars
of candidate, his qualifications and
experience, accompanied by two
testimonials, which will not be
returned, should be addressed to the
Chief Secretary, Windward Islands,
Grenada, and should reach him not
later than the 30th April, 1956.


BRITISH GUIANA

LEGAL OFFICER

LOCAL GOVERNMENT.

Applications are invited from
suitably qualified persons for appoint-
ment as Legal Officer, Local Govern-
ment. Appointment will be on con-
tract, secondmen t, or temporary
transfer in the first instance with
prospects of later permanent and
pensionable employment.

2. The salary will be up to 2,000
($9,600 B.W.I.) per annum depending
on the qualifications and experience
of the person selected but not less
than 1,800 ($8,610) per annum.
Furnished quarters will be provi-
(led at a rental of 12% of salary to
a maximum of 12. 10 ($60) a month.
If appointment is on contract, a gratu-
ity of 121% of salary will be paid in
respect of each completed period of
3 months satisfactory resident service,
either at six-monthly intervals during
the period of the contract, or in
a single lump sum on conclusion of
the leave earned under the contract.
Leave earned would count for gratu-
ity only if this is paid on conclusion
of the engagement in a single lump
sum.

3. The duties are to prepare draft
legislation for a reorganized system of
local government based on Dr. A. H.
MARSHALL'S Report on local Govern-
ment in British Guiana and its
application to selected areas. The
officer selected will work in close
conjunction with the members of the
Local Government team and with the
Legal Department; such other duties
as may be assigned to him by either
the Senior Administrative Officer or
the Member for Local Government.

4. Candidates must be Barristers-
at-Law or Solicitors with some years'
direct experience of Local Govern-
ment. They should be competent
draftsmen with experience in draft-
ing legislation, and in the organisation
and control of records and facilities
normal in a Municipal or other Local
Government legislative drafting office
in the United Kingdom and prefer-
ably with some colonial experience.

5. Free passages to British Guiana
and return to the place of recruitment
on termination of the contract will
be provided for the officer, his wife
and children, not exceeding five per-
sons in all; children to be under 18

years of age and dependent on the
officer. Vacation leave is earned at
the rate of 5 days for each completed
month of resident service up to a
maximum of six months subject to
the completion of a minimum tour
of service of two years. After com-
pletion of a tour, assisted return
passages will be provided for the
officer and his wife in accordance
with the Public Officers Leave (Pas-
sages) Regulations, 1952.


'2 j A pril, Id; U.








THE LEEWARD ISLANDS GAZETTE.


6. Applications should be address-
ed to the Chief Establishment Officer,
Establishment Department, Public
Buildings, Georgetown, to reach him
not later than the 30th of April, 1956.
Applications received after this date
will not be considered.

Establishment Department,
Central Secretariat.
March, 1956.
Ref. No. 13/00332.

BRITISH GUIANA

Vacancies for 3 Local Govern-

ment Commissioners.

Applications are invited from
suitably qualified persons for appoint-
ment to 3 vacancies for temporary
Local Government Commissioners.

2. The posts are temporary and
non-pensionable with salary up to
2,000 ($9,600) per annnm depending
on qualifications and experience, but
not less than 1,800 ($8,640), and
appointment thereto will be for a
period of three years on contract.
Furnished quarters will be provided.
on payment of rental of 12)% of
salary to a maximum of 12. 10
($60) a month.
3. The duties will be to prepare
detailed schemes for the application
of a re-organised system of local


government to selected areas (urban
and rural) based on Dr. A. H.
MARSHALL'S Report on Local
Government in British Guiana and
to supervise their implementation;
and such ancillary duties e.g. the
training of local officers, as may be
assigned to him by either the Senior
Administrative Officer or the Member
for Local Government.

4 Candidates should have exten-
sive experience of Local Government
in the United Kingdom and prefer-
ably some colonial experience. The
Commissioner for the urban area
must have held, in addition, a senior
administrative position in a compara-
ble modern municipality. The two
Commissioners for the rural areas
must possess experience of compara-
tively advanced rural local authorities.
To each of them will be attached for
training at least one experienced local
officer with knowledge of the parti-
cular areas, so that he can eventually
take over as the Commissioner moves
on to the organisation of new areas.

5. Free passages to British Guiana
and return to the place of recruitment
will be provided for the officer, his
wife and children, not exceeding five
persons in all, children to be under
18 years of age and dependent on the
officer. Vacation leave is earned at
the rate of 5 days for each completed
month of resident service up to a
maximum of six months subject to
the completion of a minimum tour of


service of two years. After comple-
tion of a tour, assisted return passages
will be provided for the officer and
his wife in accordance with the
Public Officers Leave (Passages)
Regulations, 1952.

6. Applications should be
addressed to the Chief Establishment
Officer, Establishment Department,
Public Buildings, Georgetown to
reach itim not later than the 30th of
April, 1956. Applications received
after this date will not be considered.

7. Interested persons may obtain
copies of the 'Report on Local Govern-
ment in British Guiana' by Dr. A. H.
MARSHALL from either the Govern-
ment of British Guiana or the
Crown Agents.

Establiesment Department
Central Secretariat.
March, 1956.
Ref. No. 13/00332.


3A INFALL FIGURES.
Central Experiment Station,


Month.
Jain.
Feb.
Mar.
Apr. 21


Antigua.
1952. 1953. 1954. 1055. 1956.
2.41 1.93 3.04 2.16 5.15
1.60 1.02 2.45 .68 1.23
1.62 5.60 1.08 .83 1.40-
1.99 .90 .28 1.75 3.19
7.62 9.45 6.85 5.42 10.9T


ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by EARL PI oTT,
Acting Government Printer.-By Authority.
1956.


[Prire $1.02]


[26 April, 1956









LEEWARD ISLANDS.
VIRGIN ISLANDS.


STATUTORY RULES AND ORDERS.
1956, No. 11.


THE ANIMA S (PROHIBITION OF MOVEMENT) REGULATIONS,
1956, DATED APRIL 9, 1956, MADE BY THE GOVERNOR IN
COUNCIL UNDER SECTION 12 (2) (f) OF THi, ANIMALS
(DIlEASES, IMPORTATION AND EXPORTATION) ORDINANCE,
1955.

1. Short Title. These Regulations may he cited as
the Animals (Prohibition of Movement) Regulations, 1956.
2. Prohibition of Movement of Animals.
No person shall move or cause to he moved any animal from
one island to another island of the Presidency without
having first obtained the permission in writing of an
Inspector.
Made by the Governor in Council this 9th day of
April, 1956.
M. TITLE,
Clerk of the Council.













// i ANTIGUA.
Printed at the Govornment Printing Office. Looward Islands,
by EAar. PIOOTT, Acting Government Printer.--By Authority.
1956.


79/00047-53:0--4.56


[Price 3 cent,.]










LEEWARD ISLANDS.
GENERAL GOVERNMENT.

STATUTORY RULES AND ORDERS.
1956, No. 19.

POST OFFICE.
Virgin Islands Postal Service.

THE VIRGIN ISLANDS POSTAL SERVICE (AMENDMENT) RULES
AND REGULA'rIONs, 196( DATED APinIL 21, 19-6, MADE
BY THE G0OVK,:NOIl IN 'COUNCIL UNDER THE POST OFFICE
ACT (CAP. 123).


1. Short Title. (1) These Riules and Regulations
may he cited as the Virgin Islands Postal Service (Amend-
ment) Rules and ItReulatios, 1956, and shall be read as
ole with the Virgin Islands Postal Service Rules and
Regulations, 1955 (S. R & O. 1955 No. 6) hereinafter
referred to as the Principal Rules and Regulations.
(2) These Rules anld Reulations shall apply only to
the Presidency of the Virgin Islands.
2. Amendment of Regulation 19 of the
Principal Rules and Regulations. Paragraph (2)
of regulation 19 of the Principal Rules and Regulations is
hereby amended as follows:-
(a) by the insertion immediately beneath the
words and figures For a lar,_e box 86.,0" of the
words and figures For a box of medium size $3.60";
and
(b) by the insertion immediately beneath the sign
and figures $10 00 of the figures $6.00 "
Made by the Governor in Council this 21st day of
April, 1956.
HELEN H. BALLOT,
Acting Clerk, of the Council.
ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by EARL PIGOTT, Acting Government Printer.-By Authority.
1956.


62100056--480 -4.56


[Price 3 oents.l









LEEWARD ISLANDS.
AN TIGUA.


STATUTORY RUIES AND ORDERS.
1956, No. 11.


TIE INCOME TAx (DOUBLE TAXATION RELIEF) (DENMARK)
(RDER, 1956, DATED APRIL 24, 1956, MADE BY
THE GOVERNOR IN COUNCIL UNDER SECTION 52A OF THE
INCOME TAx ORDINANCE, 1945 (No. 7 OF 19-.5), AS
AMENDED.

WHEREAS it is provided by section 52A of the Income
Tax Ordinance, 1945 (No. 7/1915) as amended, that if the
Governor in Council by Order declares that arrangements
specified in the Order have been made with the Government of
any territory outside the Presidency with a view to affording
relief from Double Taxation in relation to Income Tax and any
tax of a similar character imposed by the laws of that territory
and that it is expedient that those arrangements should have
effect, the arrangements shall have effect in relation to Income
Tax notwithstanding anything to the contrary contained in any
enactment:
AND WHEREAS by a Convention dated the 27th day
of March, 1950, between the Government of the United
Kingdom and the Government of Denmark arrangements were
made among other things for the avoidance of Double
Taxation:
AND WHEREAS provision is made in the said Con-
vention for the extension by means of an exchange of notes
between the High Contracting Parties of the said Convention,
subject to such modifications and conditions (including
conditions as to termination) as may he specified in the
exchange of notes, to any territory, for whose international
relations the United Kingdom is responsible, which imposes
taxes substantially similar in character to those which are the
subject of the said Convention:
AND WHEREAS by an Exchange of Notes dated
respectively the 18th November, and the 22nd December, 1954
the said Convention with certain modifications was applied to
the Presidency of Antigua:









NOW, THEREFORE, the Governor in Council doth
hereby order as follows:-
1. Short title. This Order may be cited as the
Income Tax (Double Taxation Relief) (Denmark) Order, 1956.
2. Declaration. It is hereby declared-

(a) that the arrangements specified in the First
Schedule to this Order, as modified by the provisions of
the Second Schedule to this Order, have been made with
the Government of Denmark;

(b) that it is expedient that those arrangements
should have effect.
FIRST SCHEDULE.
Convention between the Government of the United King-
dom of Great Britain and Northern Ireland and the
Government of the Kingdom of Denmark for the
avoidance of Double Taxation and the Prevention of
Fiscal Evasion with respect to taxes on Income.
ARTICLE I
1. The taxes which are the subject of the present
Convention are:-
(a) In Denmark: The national income tax (includ-
ing the extraordinary company tax) hereinafter referred
to as Danish tax ").
(b) In the United Kingdom of Great Britain and
Northern Ireland: The income tax (including sur-tax)
and the profits tax (hereinafter referred to as United
Kingdom tax ").
2. The present Convention shall also apply to any other
taxes of a substantially similar character imposed in Denmark
or the United Kingdom subsequently ro the date of signature
of the present Convention.

ARTICLE II

1. In the present Convention, unless the context other-
wise requires:
(a) The term United Kingdom" means Great
Britain and Northern Ireland, excluding the Channel
Islands and the Isle offMan;









(b) The term Deniiiirk" nmans the Kingdom of
Denmurk, excluding the Firoe [Ilands and Greenland;
(c) The terms "one of the territories" and "the
other territory mean the United Kingdom or Denmark,
as the context requires;
(d) The term tax means United Kingdom tax or
Danish tax, as the context requires;
(e) The term person" includes any body of
persons, corporate or not corporate;

(f) The term "company" means any body corpo.
rate;

(q) The terms resident of the United Kingdom"
and "resident of Denmark" mean respectively any person
who is resident in the United Kingdom for the purposes
of United Kingdom tax and not resident in Denmark for
the purposes of Danish tax, and any person who is resident
in Denmark for the purposes of Danish tax and not
resident in the United Kingdom for the purposes of
United Kingdom tax; a company shall he regarded as
resident in the United Kingdom if its business is managed
and controlled in the United Kingdom and as resident in
Denmark if its business is managed and controlled in
Denmark;

(h) The terms "resident of one of the territories"
and "resident of the other territory mean a person who
is a resident of the United Kingdom or a person who is a
resident of Denmark, as the context requires;

(i) The terms United Kingdom enterprise" and
"Danish enterprise" mean respectively an industrial or
commercial enterprise or undertaking carried on by a
resident of the United Kingdom and an industrial or
commercial enterprise or undertaking carried on by a
resident of IDenmark, and the terms enterprise of one of
the territories and "enterprise of the other territory "
mean a United Kingdom enterprise or a Danish enterprise,
as the context requires;

(.j/ The term industrial or commercial profits"
includes rents or royalties in respect of cinematograph
films;









(k) The term permanent establishment ", when used
with respect to an enterprise of one of the territories, means
a branch, management, factory, or other fixed place of
business, but does not include an agency unless the agent
has, and habitually exercises, a general authority to
negotiate and conclude .contracts on behalf of such enter-
prise or has a stock of merchandise from which he regularly
fills orders on its behalf. In this connexion-
(i) An enterprise of one of the territories shall
not be deemed to have a permanent establish-
inent in the other territory merely because
it carries on business dealings in that other
territory through a bona fide broker or
general commission agent acting in the
ordinary course of his business as such;
(ii) The fact that an enterprise of one of the
territories maintains in the other territory
a fixed place of business exclusively for the
purchase of goods or merchandise shall not
of itself constitute that fixed place of busi-
ness a permanent establishment of the
enterprise;

(iii) The fact that a company which is a resident
of one of the territories has a subsidiary
company which is a resident of the other
territory or which carries on a trade or
business in that other territory (whether
through a permanent establishment or
otherwise) shall not of itself constitute that
subsidiary company a permanent establish-
ment of its parent company.

2. Where under this Convention any income is exempt
from tax in one of the territories if (with or without other
conditions) it is subject to tax in the other territory, and that
income is subject to tax in that other territory by reference only
to the amount thereof which is remitted to or received in that
other territory, the exemption to be allowed under this Coven-
vention in the first-mentioned territory shall apply only to the
amount so remitted or received.

3. In the application of the provisions of the present
Convention by one of the High Contracting Parties any term
not otherwise defined shall, unless the context otherwise










requires, have the meaning which it has under the laws in force
in the territory of that Party relating to the taxes which are
the subject of the present Convention.

ARTICLE III

1. The industrial or commercial profits of a United
Kingdom enterprise shall not be subject to Danish tax unless
the enterprise carries on a trade or business in Denmark through
a permanent establishment situated therein. If it carries on a
trade or business as aforesaid, tax may be imposed on those
profits by Denmark, but only on so much of them as is attri-
butable to that permanent establishment.
2. The industrial or commercial profits of a Danish enter-
prise shall not be subject to United Kingdom tax unless the
enterprise carries on a trade or business in the United Kingdom
through a permanent establishment situated therein. If it
carries on a trade or business as aforesaid, tax may be imposed
on those profits by the United Kingdom, but only on so much
of them as is attributable to that permanent establishment.

3. WVhere in enterprise of one of the territories carries
on a trade or business in the other territory through a per-
manent estailishlllent situated therein, there shall be attributed
to that permLtent establishment the industrial or commercial
profits which it might be expected to derive in that other
territory if it were an independent enterprise engaged in the
same or similar activities under the same or similar conditions
and dealing at arm'. length with the enterprise of which it is a
permanent establishment.
4. Where an enterprise of one of the territories derives
profits, under contracts concluded in that territory, from s:les
of goods or merchandise stocked in a warehouse in the other
territory for convenience of delivery and not for purposes of
display, those profits shall not be attributed to a permanent
establishment of the enterprise in that other territory, notwith-
standing that the offers of purchase have been obtained by an
agent in that other territory and transmitted by him to the
enterprise for acceptance.
5. No portion of any profits arising to an enterprise
of one of the territories shall be attributed to a permanent
establishment situated in the other territory by reason of the
mere purchase of goods or merchandise within that other
territory by the enterprise.









ARTICE IV
Where-
(a) an enterprise of one of the territories participates
directly or indirectly in the management, control or capital
of an enterprise of the other territory, or
(b) the same persons participate directly or indirectly
in the management, control or capital of an enterprise
of one of the territories and an enterprise of the other
territory,
and in either case, conditions are made or imposed between the
two enterprises, in their commercial or financial relations, which
differ from those which would be made between independent
enterprises, then any profits which would but for those
conditions have accrued to one of th.e enterprises but by reason
of those conditions have not so accrued may be included in the
profits of that enterprise and taxed accordingly.
ARTICLE V

1. The industrial and commercial profits of a company
which is a resident of Denmark shall, so long as undistributed
profits of United Kingdom enterprises are effectivelyy charged
to United Kingdom Profits Tax at i lower rate than distributed
profits of such enterprises, be charged to United Kingdom
Profits Tax only at that lower rate.
2. Where a company which is a resident of Denmark
controls, directly or indirectly, not less than 50 per cent. of the
entire voting power of a company which is a resident of the
United Kingdom, distributions by the latter company to the
former company shall be left out of account in computing
United Kingdom Profits Tax effectively chargeable on the
latter company at the rate appropriate to distributed profits.
3. If the industrial and commercial profits of a company
which is a resident of the United Kingdom become chargeable
to a form of Danish tax under which, in the case of companies
which are residents of Denmark, the undistributed or undisiri-
butable income is charged to tax at a lower rate than ihe
distributed or distributable income of such companies, these
industrial and commercial profits shall be charged to Danish
tax only at the lower rate.
4. Where a company which is a resident of the United
Kingdom beneficially owns not less than 50 per cent. of t!ie
entire ordinary share capital of a company which is a resident










of Denmurk, distributed or distributable income payable by the
latter company to the former company shall be left outiof
account in computing the liability of the latter company, to
Danish tax at any' higher rate appropriate to distributed or
distributable income, and this shall apply, in particular, in
computing the liability of the latter company to that part of the
Danish extraordinary tax on companies known as Udbytterate.

ARTICLE VI

1. Notwithstanding the provisions of Articles III, IV
and V, profits which a resident of one of the territories derives
from operating ship,, or aircraft shall be exempt from tax in
the other territory.

2. The Agreement dated 18th December, 1924 (b),
between the nittc Kingdom and Denmark for the reciprocal
exemption from Income Tax in certain cases of profits accruing
from the business of shipping shall not have effect for any year
or period for which the present Convention has effect.
ARTICLE VII

1.-(a) Dividends paid by a company which is a resident
f the United Kingdom to a resident of Denmark,
who is subject to tax in Denmark in respect thereof
and does not carry on a trade or business in the
United Kingdom through a permanent establishment
situated therein, shall be exempt from United King-
dom sur-t x.

(b) Dividends paid by a company which is a resident of
Denmark to a resident of the United Kingdom, who
is subject to tax in the United Kingdom in respect
thereof and does not carry on a trade or'business in
Denlarik through a permanent establishment situated
therein, shall not be chargeable to tax in addition to
the tax on the profits out of which the dividends are
paid at a rate exceeding 5 per cent.: Provided that
where the resident of the United Kingdom is a
company which beneficially owns not less than 50 per
cent. of the entire ordinary share capital of the
compnlun paying the dividends, the dividends shall be
exempt from any such tax on dividends.


(b) S.k 0. & 125 (No. 102) p. 595.









2. Where a company which is a resident of one of the
territories derives profits or income from sources within the
other territory, there shall not be imposed in that other territory
any form of taxation on dividends paid by the company to
persons not resident in that other territory, or any tax in the
nature of undistributed profits tax on undistributed profits of
the company, whether or not those dividends or undistributed
profits represent, in whole or in part, profits or income so
derived.
ARTICLE VIII
1. Any interest or royalty derived from sources within
one of the territories by a resident of the other territory, who
is subject to tax in itha other territory in respect thereof and
does not carry on a trade or business in the first-mnentioi -d
territory through a permanent establishment situated therein,
shall be exempt from tax in that first-mentioned territory; but
no exemption shall be allowed in respect of interest paid by a
company which is a resident of one of the territories to a
company which is a resident of the other territory where the
latter company controls, either directly or indirectly, more than
50 per cent. of the entire voting power of the former company.
2. In this Article-
(a) The term interest includes interest on bonds,
securities, notes, debentures or on any other form of
indebtedness;
(b) The term royalty means any royalty or other
amount paid as consideration for the use of, or for the
privilege of using, any copyright, patent, design, secret
process or formula, trade mark or other like property, but
does not include any royalty or other amount paid in
respect of the operation of a mine or quarry or of any
other extraction of natural resources.
3. Where any interest or royalty exceeds a fair and
reasonable consideration in respect of the indebtedness or rights
for which it is paid, the exemption provided by the present
Article shall apply only to so much of the interest or royalty
as represents such fair and reasonable consideration.

4. Any capital sum derived from one of the territories
from the sale of patent rights by a resident of the other territory,
who does not carry on a trade or business in the lirst-mentioned
territory through a pernmanent establishment situated therein,
shall be exempt from tax in that first-mentioned territory.









ARTICLE IX
Income of whatever nature derived from real property
within one of the territories (except interest .on mortgages
secured on real property) shall be chargeable to tax in accordance
with the laws of that territory. Where the said income is also
chargeable to tax in the other territory, credit for the tax pay-
able in the iirst-inentioned territory shall be given against the
tax payable on that income in the other territory in accordance
with Article XVlI.
ARTICLE X
A resident of one of the territories who does not carry on a
trade or business in the other territory through a permanent
establishment situated therein shall be exempt in that other
territory from any tax on gains from the sale, transfer, or
exchange of capital assets.
ARTICLE XI
1. Remuneration, including pensions, paid by, or out of
funds created by, one of the High Contracting Par'ties to any
individual in re-pect of services rendered to that Party in the
discharge of governmental functions shall be exempt from tax
in the territory of the other High Contracting Party, unless the
individual is a national of that other Party without being also
a national of the first-mentioned Party.

2. The provisions of this Article shall not apply to pay-
ments in respect of services rendered in connexion with any
trade or business carried on by either of the High Contracting
Parties for purposes of profit.
ARTICLE XII
1. An individual who is a resident of the United Kingdom
shall be exempt from Danish tax on profits or remuneration in
respect of personal (including professional) services performed
within Dennlurk in any year of assessment if-
(a) le is present within Denmark for a period or
periods not exceeding in the aggregate 183 days during
that year, and1
(b) the services are performed for or on behalf of a
resident of the United Kingdom, and
(c) the profits or rmi unieration arc subject to United
Kingdom tax;









2. An individual who is a resident of Denmark shall be
exempt from United Kingdom tax on profits or remuneration
in respect of personal (including professional) services performed
within the United Kingdom in any year of assessment, if-
(a) he is present within the United Kingdom for a
period or periods not exceeding in the aggregate 183 days
during that year, and
(b) the services are performed for or on behalf of a
resident of Denmark, and
(c) the profits or remuneration :ire subject to Danish
tax.
3. The provisions of this Article shall not apply to the
profits or remuneration of public entertainers such as theatre,
motion picture or radio artists, musicians and athletes.

ARTICLE XIII

1. Any pension (other than a pension of the kind referred
to in paragraph 1 of Article XI) and any annuity, derived from
sources within Denmark by an individual who is a resident of
the United Kingdom and subject to United Kingdom tax in
respect thereof, shall hb exempt from I)anish tax.

2. Any pension (other than a pension of the kind referred
to in paragraph 1 of Article XI) and any annuity, derived from
sources within the United Kingdom by an individual who is
a resident of Denmark and subject to Danish tax in respect
thereof, shall be exempt from United Kingdom tax.

3. The term annuity" means a stated sum payable
periodically at stated times, during life or during a specified or
ascertainable period of time, under an obligation to make the
payments in return for adequate and full consideration in money
or money's worth.
ARTICLE XIV

A professor or teacher from one of the territories, who
receives remuneration for teaching, during a period of temporary
residence not exceeding two years, at a university, college,
school or other educational institution in the other territory,
shall be exempt from tax in that other territory in respect of
that remuneration.









ARTICLE XV
A student or business apprentice from one of the
territories, who is receiving full-time education or training in the
other territory, shall be exempt from tax in that other territory
on payments made to him by persons in the first-mentioned
territory for the purposes of hisn maintenance, education or
training.
ARTICLE XVI

1. Individuals who are residents of Denmark shall be
entitled to the same personal allowances, reliefs and reductions
for the purposes of United Kingdom income tax as British
subjects not resident in the United Kingdom.
2. Individuals who are residents of the United Kingdom
shall be entitled to the same personal allowances and reliefs for
the purposes of Danish tax as Danish nationals not resident in
Denmark.
ARTICLE XVII
1. The laws of the High Contracting Parties shall
continue to govern the taxation of income arising in either of
the territories, except wt'here expr',ss provision to the contrary
is made in this (onvc\iiiii. heree income is subject to tax
in both territories, rJdief from double taxation shall be given in
accordance with the following paragraphs:--
2. Subject to the provisions of the law of the United
Kingdom re!,ardiiig the allowance as a credit against United
Kingdom tax of tax payable in a territory outside the United
Kingdom, Danish tax payable, whether directly or by deduction,
in respect of income from sources within Denmark shall be
allowed as a credit against the United Kingdom tax payable in
respect of that income. Where such income is an ordinary
dividend paid by a company resident in Denmark, the credit
shall take into account (ii addition to any Danish tax appropriate
to the dividend) thi; Danish tax payable by the company in
respect of its ,prfit; and, where it is a dividend paid on
participating preference shares and representing both a dividend
at the fixed r:tt to which the shares are entitled and an
additional prti'i'riciat in profits, .he Danish tax so payable by
the company shall likewise be taken into account in so far as the
dividend exceeds that fixed rate.
3. United Kingdom tax payable, whether directly or by
deduction, in respect fl' iicw: froim sourcess within lie United
Kingdom shall be allowed as a deduction from the Danish tax









payable in respect of that income. Provided that the amount
of the deduction shall not exceed the proportion of the Danish
tax which such income chargeable to Danish tax bears to the
total income chargeable to Danish tax. For the purposes of this
paragraph only, the expression Danish tax shall include the
Danish inter-municipal income tax.
4. In the case of a person who is resident in the United
Kingdom for the purposes of United Kingdom tax and is also
resident in Denmark for the purposes of Danish tax, the
provisions of paragraph 2 of this Article shall apply in relation
to income which that person derives from sources within
Denmark, and the provisions of paragraph 3 of this Article
shall apply in relation tolincome which he derives from sources
within the United Kingdom. If such person derives income
from sources outside both the United Kingdom and Denmark,
tax may be imposed on that income' in both the territories
(subject to the laws in force in the teritriries and to any
Convention which may exist between either of the High
Contracting Parties and the territory from which the income
is derived). A credit shall be allowed in accordance with
paragraph 2 of this Article against any (United Kingdom tax
payable in respect of that income, equal to that proportion of
the United Kingdom tax or the Danish tax on that income,
whichever is the less, which such person's income from sources
within the United Kingdom bears to tli sum of his income
from sources within the United Kingdomi and his income from
sources within Denmark; and a deduction shall be allowed in
accordance with paragraph 3 of this Article against any Danish
tax payable in respect of that income equal to that proportion
of the United Kingdom tax or the Danish tax on that income,
whichever is the less, which such person's income from sources
within Denmark bears to the sum of his income from sources
within the United Kingdom and his income from sources
within Denmark.
5. For the purposes of this Article, profits or remunera-
tion for personal (including professional) services performed in
one of the territories shall be deemed to be income from sources
within that territory, and the services of an individual whose
services are wholly or mainly performed in ships or aircraft
operated by a resident of one of the territories shall be deemed
to be performed in that territory.
ARTICLE XVIII
1. The taxation authorities of the High Contracting
Parties shall exchange such information (being information








which is at their disposal under their respective taxation laws
in the normal course of administration) as is necessary for carry-
ing out the provisions of the present Convention or for the
prevention of fraud or for the administration of statutory pro-
visions against legal avoidance in relation to the taxes which
are the subject of the present Convention. Any information so
exchanged shall be treated as secret and shall not be disclosed
to any persons other than those concerned with the assessment
and collection of the taxes which are the subject of the present
Convention. No information as aforesaid shall he exchanged
which would disclose any trade, business, industrial or pro-
fessional secret or trade process.
2. As used in this Article, the term taxation authorities "
means, in the case of the United Kingdom, the Commissioners
of Inland Revenue or their authorised representatives; in the
case of Denmark, the Director-General of Taxation or his
authorised representative; and, in the case of any territory
to which the present Convention is extended under Article XX,
the competent authority for the administration in such territory
of the taxes to which the present Convention applies.
ARTICLE XIX
1. The nationals of one of the High Contracting Parties
shall not he subjected in the territory of the other High
Contracting Party to any taxation or any requirement connected
therewith which is other, higher, or more burdensome than the
taxation and connected requirements to which the nationals of
the latter Party are or may be subjected.
2. The enterprises of one of the territories, whether
carried on by a company, a body of persons or by individuals
alone or in partnership, shall not be subjected in the other
territory, in respect of profits or capital attributable to their
permanent establishments in that other territory, to any taxation
which is other, higher or more burdensome than the taxation
to which the enterprises of that other territory similarly carried
on are or may be subjected in respect of the like profits or
capital.
i. The income, profits and capital of an enterprise of one
of the territories, the capital of which is wholly or partly owned
or controlled, directly or indirectly, by a resident or residents of
the other te-ritory shall not be subjected in the first-mentioned
territory to any taxation which is other, higher or more burden-
some than the taxation to which other enterprises of that first-
mentioned territory are or may be subjected in respect of the like
income, profits and capital.









4. Nothing in ipragraph 1 or paragraph 2 of this Article
shall b)e c!mstruied as ob1liging lone of the High Contracting
Parties to grant to nationals of the other High Contracting
Party who are not resident in the territory of the former Party
the same personal allowances, reliefs and reductions for tax
purposes as are granted to His own nationals.
5. In this Article the term nationals means-
(a) in relation to Denmark, all Danish citizens and
all legal persons, partnerships, associations and other
entities deriving their status as such from the law in force
in Denmark or in any Danish territory to which the present
Convention applies by reason of extension made under
Article XX;
(b) in relation to the United Kingdom, all British
subjects and British-protected persons residing in the
United Kingdom or any British territory to which the
present Convention applies by reason of extension made
under Article XX, and all legal persons, partnerships,
associations and other entities deriving their status as such
from the law in force in any British territory to which
the present Convention applies.

6. In this Article the term taxation means taxes of
every kind and description levied on behalf of any authority
whatsoever. '

ARTICLE XX
1. The present Convention may be extended, either in
its entirety or with modifications, to any territory of one of the
High Contracting Parties to which this Article applies and
which imposes taxes substantially. simil:.r in character to those
which are the subject of the present Convention, and any
such extension shall take effect from such date and subject to
such modifications and conditions (including conditions as to
termination) as may be specified and agreed between the High
Contracting Parties in notes to be exchanged for this purpose.

2. The termination in respect of Denmark or the United
Kingdom of the present Convention under Article XXII shall,
unless otherwise expressly agreed by both High Contracting
Parties, terminate the application of the present Convention to
any territory to which the Convention has been extended under
this Article.









3. The territories to which this Article applies are:
(a) in relation to the United Kingdom: any territory
other than the United Kingdom for whose international
relations the United Kingdom is responsible;
(b) in relation to Denmark: any territory other than
Denmark for whose international relations Denmark is
responsible.

ARTICLE XXI

1. The present Convention shall be ratified and the
instruments of ratification shall be exchanged at London as
soon as possible.

2. Upon exchange of ratifications the present Convention
shall have effect-

(a) In the United Kingdom:

as respects income tax for any year of assessment
beginning on or after the 6th April, 1949;
as respects sur-tax for any year of assessment beginning
on or after the 6th April, 1948; and
as respects profits tax in respect of the following profits:-
\(i) profits arising in any chargeable accounting
period beginning on or after the 1st April,
1949;
(ii) profits attributable to so much of any
chargeable accounting period falling partly
before and partly after that date as falls
after that date;
(iii) profits not so arising or attributable by
reference to which income tax is, or but for
the present Convention would be, chargeable
for any year of assessment beginning on or
after the 6th April, 1949.

(b) In Denmark:
as respects Danish tax for any taxation ye:,r beginning on
or after the 1st April, 1949.








ARTICLE XXII
The present Convention shall continue in effect indefinitely
but either of the High Contracting Parties may, on or before
the 30th June in any calendar year not earlier than the year
1953, give to the other High Contracting Party, through
diplomatic channels, written notice of termination and, in such
event, the present Convention shall cease to be effective-
(a) In the United Kingdom:
as respects income tax for any year of assessment
beginning on or after the 6th Aprilin the calendar year
next following that in which the notice is given;
as respects sur-tax for any year of assessment beginning
on or after the 6th April in the calendar year in which the
notice is given; and
as respects profits tax in respect of the following profits:-
(i) profits arising in any ch;irgeable accounting
period beginning on or afterr the ist April
in the calendar year next following that in
which the notice is given;
(ii) profits attributable to so much of any
chargeable accounting period falling partly
before and partly after that date as falls
after that date;
(iii) profits not so arising or attributable by
reference to which income tax is chargeable
for any year of assessment beginning on or
after the 6th April in the next following
calendar year.
(b) In Denmark:
as respects Danish tax for any taxation year beginning on
or after the Ist April in the calendar year next following
that in which the notice is given.
SECOND SCHEDULE.
1. APPLICATION. (a) The provisions of the Conven-
tion incorporated in the First Schedule to this Order shall
apply as modified below:-

(i) as if the contracting parties were the Presidency
of Antigua and the Government of Denmark;









(ii) as if the tax concerned in the case of the Presi-
dency were the tax on income imposed by the
Income Tax Ordinance, 1945, as amended;
(iii) as if the taxes concerned in the case of Denmark
included the Defence Tux;
(iv) as if references to the date of signature were
references to the 22nd day of December, 1954;
(v) as if references to the lth day of April were
references to the 1st day of January.
(b) The extension shall have effect in the Presidency as
respects tax for the year of assessment 1955 and for subse-
quent years of assessment, (and will have effect in Denmark-
as respects Danish tax for any taxation year beginning on or
after the first day of April 1954).
(c) The extension shall continue in effect indefinitely but
may be terminated as respects the Presidency by written
notice of termination given on or before the 30th day of June
in any calendar year not earlier than the year 1957 by either of
the High Contracting Parties to the Convention to the other
High Contracting Party through the diplomatic channel and
in such event the extension shall cease to have effect in the
Presidency as respects tax for the year of assessment begin-
ning in the calendar year next following the date of such
notice and for subsequent years of assessment, (and will cease
to have effect in Denmark as respects Danish tax for any
taxation year beginning on or after the first day of April in
the calendar year next following that in which the notice is
given).
2. MODIFICATIONS. (a) In Article VII(1) of the Con-
vention the words exempt from United Kingdom sur-tax "
shall be understood for the purposes of this extension as
though they read shall not be liable to tax in the territory at
a rate in excess of the rate applicable to a company "
(b) In Articles VIII and IX all references to interest
shall be deemed to be deleted.
Made by the Governor in Council this 24th day of
April, 1956.
F. A. CLARKE,
Acting Clerk of the Council.
ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by EARL PIGOTT, Acting Government Printer.-By Authority.
195 6.


0. 31100060-4480--4.56.


Price 20 events.









LEEWARD ISLANDS.
MONTSERRAT.


STATUTORY RULES ANDI ORDERS.
1956; No. 3.


THE INCOME TAX (DOUBLE TAXATION RELIEF) (DENMARK)
ORDER, 1956, DATED ARILm 18, 1956, MADE BY
THE GOVERNOR IN COUNCIL, UN)ER SECTION 52A OF THE
INCOME TAX ORDINANCE, 1945 (No. ( OF 1945) AS
AMENDED BY THE INCOME TAX (AMENDMENT) ORDINANCE,
1947 (No. 3 of 1947).
WHEREAS it is provided by section 52A of the Income
Tax Ordinance, 1945 (No. 6/1945) as amended, that if the
Governor in Council by Order declares that arrangements
specified in the Order have been made with the Government of
any territory outside the Presidency with a view to affording
relief from Double Taxation in relation to Income Tax and any
tax of a similar character imposed by the laws of that territory
and that it is expedient that those arrangements should have
effect, the arrangements shall have effect in relation to Income
Tax notwithstanding anything in any enactment:
AND WHEREAS by a Convention dated the 27th day
of March, 1950, between the Government of the United
Kingdom and the Government of Denmark arrangements were
made among other things for the avoidance of Double
Taxation:
AND WHEREAS provision is made in the said Con-
vention for the extension by means of an exchange of notes
between the High Contracting Parties of the said Convention,
subject to such modifications and conditions (including
conditions as to termination) as may be specified in the
exchange of notes, to any territory, for whose international
relations the United Kingdom is responsible, which imposes
taxes substantially similar in character to those which are the
subject of the said Convention:
AND WHEREAS by an Exchange of Notes dated
respectively the 18th November, and the 22nd December, 1954
the said Convention with certain modifications was applied to
the Presidency of Montserrat:









NOW, THEREFORE, the Governor in Council doth
hereby order as follows:-
1. Short title. This Order may be cited as the
Income Tax (Double Taxation Relief) (Denmark) Order, 1956.
2. Declaration. It is hereby declared-

(a) that the arrangements specified in the First
Schedule to this Order, as modified by the provisions of
the Second Schedule to this Order, have been made with
the Government of Denmark;

(b) that it is expedient that those arrangements
should have effect.
FIRST SCHEDULE.
Convention between the Government of the United King-
dom of Great Britain and Northern Ireland and the
Government of the Kingdom of Denmark for the
avoidance of Double Taxation and the Prevention of
Fiscal Evasion with respect to taxes on Income. r
ARTICLE I
1. The taxes which are the subject of the present
Convention are:-
(a) In Denmark: The national income tax (includ-
ing the extraordinary company tax) hereinafter referred
to as Danish tax ").
(b) In the United Kingdom of Great Britain and
Northern Ireland: The income tax (including sur-tax)
and the profits tax (hereinafter referred to as United
Kingdom tax ").
2. The present Convention shall also apply to any other
taxes of a substantially similar character imposed in Denmark
or the United Kingdom subsequently to the date of signature
of the present Convention.
ARTICLE II

1. In the present Convention, unless the context other-
wise requires:
(a) The term "United Kingdom" means Great
Britain and Northern Ireland, excluding the Channel
Islands and the Isle oftMan;









(b) The term Denmark" means the Kingdom of
Denmark, excluding the Faroe Islands and Greenland;
(c) The terms "one of the territories" and "the
other territory mean the United Kingdom or Denmark,
as the context requires;
(d) The term tax means United Kingdom tax or
Danish tax, as the context requires;
(e) The term "person" includes any body of
persons, corporate or not corporate;

(f) The term "company" means any body corpo-
rate;

(q) The terms resident of the United Kingdom"
and resident of Denmark" mean respectively any person
who is resident in the United Kingdom for the purposes
of United Kingdom tax and not resident in Denmark for
the purposes of Danish tax, and any person who is resident
in Denmark for the purposes of Danish tax and not
resident in the United Kingdom for the purposes of
United Kingdom tax; a company shall be regarded as
resident in the United Kingdom if its business is managed
and controlled in the United Kingdom and as resident in
Denmark if its business is managed and controlled in
Denmark;

(A1) The terms "resident of one of the territories"
and "resident of the other territory mean a person who
is a resident of the United Kingdom or a person who is a
resident of Denmark, as the context requires;

(i) The terms United Kingdom enterprise" and
Danish enterprise mean respectively an industrial or
commercial enterprise or undertaking carried on by a
resident of the United Kingdom and an industrial or
commercial enterprise or undertaking carried on by a
resident of Denmark, and the terms enterprise of one of
the territories" and enterprise of the other territory "
mean a United Kingdom enterprise or a Danish enterprise,
as the context requires;

('j) The term "industrial or commercial profits"
includes rents or royalties in respect of cinematograph
films;









(k) The term permanent establishment ", when used
with respect to an enterprise of one of the territories, means
a branch, management, factory, or other fixed place of
business; but does not include an agency unless the agent
has, and habitually exercises, a general authority to
negotiate and conclude contracts on behalf of such enter-
prise or has a stock of merchandise from which lie crgularly
fills orders on its behalf. In this connexion-
(i) An enterprise of one of the territories shall
not be deemed to have a permanent establish-
ment in the other territory merely because
it carries on business dealings in that other
territory through a bona fide broker or
general commission agent acting in the
ordinary course of his business as such;
(ii) The fact that an enterprise of one of the
territories maintains in the other territory
a fixed place of business exclusively for the
purchase of goods or merchandise shall not
of itself constitute that fixed place of busi-
ness a permanent establishment of the
enterprise;

(iii) The fact that a company which is a resident
of one of the territories has a subsidiary
company which is a resident of the other
territory or which carries on a trade or
business in that other territory (whether
through a permanent establishment or
otherwise) shall not of itself constitute that
subsidiary company a permanent establish-
ment of its parent company.

2. Where under this Convention any income is exempt
from tax in one of the territories if (with or without other
conditions) it is subject to tax in the other territory, and that
income is subject to tax in that other territory by reference only
to the amount thereof which is remitted to or received in that
other territory, the exemption to be allowed under this Coven-
vention in the first-mentioned territory shall apply only to the
amount so remitted or received.

3. In the application of the provisions of the present
Convention by one of the High Contracting Parties any term
not otherwise defined shall, unless the context otherwise









requires, have the meaning which it has under the laws in force
in the territory of that Party relating to the taxes which are
the subject of the present Convention.

ARTICLE III

1. The industrial or commercial profits of a United
Kingdom enterprise shall not be subject to Danish tax unless
the enterprise carries on a trade or business in Denmark through
a permanent establishment situated therein. If it carries on a
trade or business as aforesaid, tax may be imposed on those
profits by Denmark, but only on so much of them as is attri-
butable to that permanent establishment.
2. The industrial or commercial profits of a Danish enter-
prise shall not be subject to United Kingdom tax unless the
enterprise carries on a trade or business in the United Kingdom
through a permanent establishment situated therein. If it
carries on a trade or business as aforesaid, tax may be imposed
on those profits by the United Kingdom, but only on so much
of them as is attributable to that permanent establishment.

3. Where an enterprise of one of the territories carries
on a trade or business in the other territory through a per-
manent esta lsishnient situated therein, there shall be attributed
to that perinmnent establishment the industrial or commercial
profits which it might be expected to derive in that other
territory if it were an independent enterprise engaged in the
same or similar activities under the same or similar conditions
and dealing at arm's length with the enterprise of which it is a
permanent establishment.
4. Where an enterprise of one of the territories derives
profits, under contracts concluded in that territory, from sales
of goods or merchandise stocked in a warehouse in the other
territory for convenience of delivery and not for purposes of
display, those profits shall not be attributed to a permanent
establishment of the enterprise in that other territory, notwith-
standing that the offers of purchase have been obtained by an
agent in that other territory and transmitted by him to the
enterprise for acceptance.

5. No portion of any profits arising to an enterprise
of one of the territories shall be attributed to a permanent
establishment situated in the other territory by reason of the
mere purchase of goods or merchandise within that other
territory by the enterprise.









ARTICLE IV
Where-
(a) an enterprise of one of the territories participates
directly or indirectly in the maniagemnnrt, control or capital
of an enterprise of the other territory, or
(b) the same persons participate directly or indirectly
in the management, control or capital of an enterprise
of one of the territories and an enterprise of the other
territory,
and in either case, conditions are made or imposed between the
two enterprises, in their commercial or financial relations, which
differ from those which would be made between independent
enterprises, then ai n profits which would but for those
conditions have accrued to one of tl.e enterprises but by reason
of those conditions have not so accrued may be included in the
profits of that enterprise and taxed accordingly.
ARTICLE V

1. The industrial and commercial profits of a company
which is a resident of Denmark shall, so long as undistributed
profits of United Kingdom enterprises are effectively c1h:ar.ed
to United Kingdom Profits Tax at a lower rate than distributed
profits of such enterprises, be charged to United Kingdom
Profits Tax only at that lower rate.
2. Where a company which is a resident of Denmark
controls, directly or indirectly, not less than 50 per cent. of the
entire voting power of a company which is a resident of the
United Kingdom, distributions by the latter company to the
former company shall be left out of account in c mnputi,'g
United Kingdom Profits Tax effectively chargeable on the
latter company at the rate appropriate to distributed profits.
3. If the industrial and commercial profits of a conmpaliy
which is a resident of the United Kingdom become chairge;hle
to a form of Danish tax under which, in the case of corimpnies
which are residents of Denmark, the undistributed or undisrri-
butable income is charged to tax at a lower rate than tlie
distributed or distributable income of such companies, these
industrial and commercial profits shall be charged to Danish
tax only at the lower rate.
4. Where a company which is a resident of the United
King'dom beneficially owns niot less tl/an ) per cent. of the
entire ordinary share capital of a coiniany which is a resident









of Denmark. distributed or distributable income payable by the
latter company to the former company shall be left outjof
account in computing the liability of the latter company. to
Danish tax at any higher rate appropriate to distributed or
distributable income, and tlhii shall apply, in particular, (in
computing the liability of the latter company to that part of the
Danish extraordinary tax on companies known as Udbytterate.

ARTICLE VI

1. Notwithstanding the provisions of Articles III, IV
and V, profits which a resident of one of the territories derives
from operating ships or aircraft shall be exempt from tax in
the other territory.

2. The Agreement dated 18th December, 1924 (b),
between the United Kingdom and Denmark for the reciprocal
exemption from Income Tax in certain cases of profits accruing
from the business of shipping shall not have effect for any year
or period for which the present Convention has effect.
ARTICLE VII
1.--(a) Dividends paid by a company which is a resident
of the United Kingdom to a resident of Denmark,
who is subject to tax in Denmark in respect thereof
and does not carry on a trade or business in the
United Kingdom through a permanent establishment
situated therein, shall be exempt from United King-
dom sur-tax.

(b) Dividends paid by a company which is a resident of
Denmark to a resident of the United Kingdom, who
is subject to tax in the United Kingdom in respect
thereof and does not carry on a trade or business in
Denmark through a permanent establishment situated
therein, shall not be chargeable to tax in addition to
the tax on the profits out of which the dividends are
paid at a rate exceeding 5 per cent.: Provided that
where the resident of the United Kingdom is a
company which beneficially owns not less than 50 per
cent. of the entire ordinary share capital of the
company paying the dividends, the dividends shall be
exempt from any such tax on dividends.


(b) S.R. & O. 1925 (No. 102) p. 595.









2. Where a company which is a resident of one of the
territories derives profits or income from sources within the
other territory, there shall not be imposed in that other territory
any form of taxation on dividends paid by the company to
persons not resident in that other rerritorv, or any tax in the
nature of unduistributed profits tax on undistributed profits of
the company, whether or not those dividends or undistributed
profits represent, in whole or in part, profits or income so
derived.
ARTICLE VIII
1. Any interest or royalty derived from sources within
one of the territories by a resident of the other territory, who
is subject to tax in that other territory in respect thereof and
does not carry on a trade or business in the first-mention'd
territory through a permanent establishment situated therein,
shall be exempt from tax in that first-mentioned territory; but'
no exemption shall be allowed in respect of interest paid by a
company which is a resident of one of the territories to a
company which is a resident of the other territory where the
latter company controls, either directly or indirectly, more than
50 per cent. of the entire voting power of the former company.
2. In this Article-
(a) The term interest includes interest on bonds,
securities, notes, debentures or on any other form of
indebtedness;
(b) The term royalty means any royalty or other
amount paid as consideration for the use of, or for the
privilege of using, any copyright, patent, design, secret
process or formula, trade mark or other like property, but
does not include any royalty or other amount paid in
respect of the operation of a mine or quarry or of any
other extraction of natural resources.
3. Where any interest or royalty exceeds a fair anl
reasonable consideration in respect of the indebtedwnss or rights
for which it is paid, tlh exemption provided by the present
Article shall apply only to so much of the interest or royalty
as represents such fair and reasonable consideration.
4. Any capital sum derived from one of the territories
from the sale of patent rights by a resident of the other territory,
who does not carry on a trade or business in the first-mentioned
territory through a permrnnenit ett;bllishimenit situated therein,
shall be exempt from tax in that first-mentioned territory.









ARTICLE IX
Income of whatever nature derived from real property
within one of the territories (except interest on mortgages
secured on real property) shall be chargeable to tax in accordance
with the laws of that territory. Where the said income is also
chargeable to tax in the other territory, credit for the tax pay-
able in the first-mentioned territory shall be given against the
tax payable on that income in the other territory in accordance
with Article XVII.
ARTICLE X
A resident of one of the territories who does not carry on a
trade or business in the other territory through a permanent
establishment situated therein shall be exempt in that other
territory from any tax on gains from the sale, transfer, or
exchange of capital assets.
ARTICLE XI
1. Remuneration, including pensions, paid by, or out of
funds created by, one of the High Contracting Parties to any
individual in respect of services rendered to that Party in the
discharge of governmental functions shall be exempt from tax
in the territory of the other High Contracting Party, unless the
Individual is a national of that other Party without being.also
a national of the first-mentioned Party.

2. The provisions of this Article shall not apply to pay-
ments in respect of services rendered in connexion with any
trade or business carried on by either of the High Contracting
Parties for purposes of profit.
ARTICLE XII
1. An individual who is a resident of the United Kingdom
shall be exempt from Danish tax on profits or remuneration in
respect of personal (including professional) services performed
within Denmark in any year of assessment if-
(a) he is present within Denmark for a period or
periods not exceeding in the aggregate 183 days during
that year, and
(b) the services are performed for or on behalf of a
resident of the United Kingdom, and
(c) the profits or remuneration are subject to United
Kingdom tax.









2. An individual who is a resident of Denmark shall be
exempt from United Kingdom tax on profits or remuneration
in rispctr of personal (.including professional) services performed
within tihe united Kingdom in any year of assessment, if-
(a) h, is present within the United Kingdom for a
period or periods not exceeding in the aggregate 183 days
during that year, and
(b) the services are performed for or on behalf of a
resident of Denmark, and

(c) the profits or remuneration are subject to Danish
tax.
3. The provisions of this Article shall not apply to the
profits or remuneration of public entertainers such as theatre,
motion picture or radio artists, musicians and athletes.

ARTICLE XIII

1. Any pension (other than a pension of the kind referred
to in paragraph 1 of Article XI) and any annuity, derived from
sources within Denmark by an individual who is a resident of
the United Kingdom :,id subject to United Kingdom tax in
respect thereof, shall bh exempt from Danish tax.

2. Any pension (other than : pension of the kind referred
to in paragraph 1 of Article XI) and any annuity, derived from
sources within the United Kingdom by an individual who is
a resident of Denmark and subject to Danish tax in respect
thereof, shall be exempt from United Kingdom tax.

3. The term "annuity means a stated sum payable
periodically at stated times, during life or during a specified or
ascertainable period of lime, under ain obligation to make the
payments in return for adequate and full consideration in money
or money's worth.
ARTICLE Xl V

h professor or teacher from one of the territories, who
receives remuneration for teaching, during a period of temporary
residence not exceeding two years, at a university, college,
school or other educationall institution in the other territory,
shall be exempt from tax in that other territory in respect of
that remuneration.









ARTICLE: XV
A student or business "apprentice from one of the
territories, who is receiving full-time education or training in the
other territory, shall be exempt from tax in that other territory
on payments made to him by persons in the first-mentioned
territory for the purposes of his maintenance, education or
training.
ARTICLE XVI

1. Individuals who are residents of Denmark shall be *
entitled to the same personal allowances, reliefs and reductions
for the purposes of United Kingdom income tax as British
subjects not resident in the United Kingdom.
2. Individuals who are residents of the United Kingdom
shall he entitled to the same personal allowances and reliefs for
the purposes of Danish tax as Danish nationals not resident in
Denmark.
ARTICLE XVII
1. The laws of the High Contracting Parties shall
continue to govern the taxation of income arising in either of
the territories, except where express provision to the contrary
is made in this Convention. Where income is subject to tax
in both territories, relief from double taxation shall be given in
accordance with the following paragraphs:-
2. Subject to the provisions of the law of the United
Kingdom regarding the allowance as- a credit against United
Kingdom t~ x of tax payable in a territory outside the United
Kingdom, I)anish tax payable, whether directly or by deduction,
in respect of income from sources within Denmark shall be
allowed as a credit against the United Kingdom tax payable in
respect of that income. Where such income is an ordinary
dividend paid by a company resident in Denmark, the credit
shall take-into account (in addition to any Danish tax appropriate
to the dividend) the. Danish tax payable by the company ii
respect of its profits; and, where it is a dividend paid on
participate ri~ng preference shares and representing both a dividend
at the fixed rate to which the shares are entitled and an
additional participation in profits, the Danish tax so payable by
the company shall likewise be taken into account in so far as the
dividend exceeds that fixed rate.
3. United Kingdom tax payable, whether directly or by
deduction, in respect of income from sources within the United
Kingdom shall be allowed as a deduction from the Danish tax









payable in respect of that income. Provided that the amount
of the deduction shall not exceed the proportion of the Danish
tax which such income chargeable to Danish tax bears to the
total income chargeable to Danish tax. For the purposes of this
paragraph only, the expression Danish tax shall include the
Danish inter-municipal income tax.
4. In the case of a person who is resident in the United
Kingdomr for the purposes of United Kingdom tax and is also
resident in Denmark for the purposes of Danish tax, the
provisions of paragraph 2 of this Article shall apply in relation
to income which that person derives from sources within
Denmarl, and the provisions of paragraph 3 of this Article
shall apply in relation towincome which he derives from sources
within the United Kingdom. If such person derives income
from sources outside both the United Kingdom and Denmark,
tax may be imposed on that income in bodt the territories
(subject to the laws in force in the- territories and to any
Convention which may exist between either of the High
Contracting Parties and the territory from which the income
is derived). A credit shall be allowed in accordance with
paragraph 2 of this- Article against any United Kingdom tax
payable in respect of that income, equal to that proportion of
the United Kingdom tax or the Danish tax on that income,
whichever is the less, which such person's income from sources
within the United Kingdom bears to dhc- sum of his income
from sources within the United Kingdom and his income from
sources within Denmark: and a deduction shall be allowed iu
accordance with paragraph 3 of this Article against any Danish
tax payable'in respect of that income equal to that proportion
of the United Kingdom tax or the Danish tax on that income,
whichever is the less, which such person's income from sources
within Denmark bears to the sum of his income from sources
within the United Kingdom and his income from sources
within Denmark.
5. For the purposes of this Article, profits or remnunera-
tion for personal (including professional) services performed in
one of the territories shall be deemed to be income from sources
within that territory, and the services of an individual whose
services are wholly or mainly performed in ships or aircraft
operated by a resident of one of the territories shall be deemed
to be performed in that territory.
ARTICLE XV III
1. The taxation authorities of the High Contracting
Parties shall exchange such information (being information









which is at their disposal under their respective taxation laws
in the normal course of administration) as is necessary for carry-
ing out the provisions of the present Conventioni or for the
prevention of fraud or for the administration of statutory pro-
visions against legal avoidance in relation to the taxes which
are the subject of the present Convention. Any information so
exchanged shall be treated as secret and shall not be disclosed
to any persons other than those concerned with the assessment
and collection of the taxes which are the subject of the present
Convention. No information as aforesaid shall be exchanged
which would disclose any trade, business, industrial or pro-
fessional secret or trade process.
2. As used in this Article, the term taxation authorities "
means, in the case of the United Kingdom, the Commissioners
of Inland Revenue or their authorised representatives; in the
case of Denmark, the Director-General of Taxation or his
authorised representative; and, in the case of any territory
to which the present Convention is extended under Article X X,
the competent authority for the administration in such territory
of the taxes to which the present Convention applies.
ARTICLE XIX
1. The nationals of one of the High Contracting Parties
shall not be subjected in the territory of the other High
Contracting Party to any taxation or any requirement connected
therewith which is other, higher, or more burdensome than the
taxation and connected requirements to which the nationals of
the latter Party are or may be subjected.
2. The enterprises of one of the territories, whether
carried on by a company, a body of persons or by individuals
alone or in partnership, shall not be subjected in the other
territory, in respect of profits or capital attributable to their
permanent establishments in that other territory, to any taxation
which is other, higher or more burdensome than the taxation
to which the enterprises of that other territory similarly carried
on are or may be subjected in respect of the like profits or
capital.
3. The income, profits and capital of an enterprise of one
of the territories, the capital of which is wholly or partly owned
or controlled, directly or indirectly, by a resident or residents of
the other territory shall not be subjected in the first-mentioned
territory to any taxation which is other, higher or more burden-
some than the taxation to which other enterprises of that first-
mentioned territory are or may be subjected in respect of the like
income, profits and capital.









4. Nothing in paragraph 1 or paragraph 2 of this Article
shall be construed as obliging one of the High Contracting
Parties to grant to nationals of the other High Contracting
Party who are not resident in the territory of the former Party
the same personal allowances, reliefs and reductions for tax
purposes as are granted to His own nationals.
5. In this Article the term nationals means-
(a) in relation to Denmark, all Danish citizens and
all legal persons, partnerships, associations and other
entities deriving their status as such from the law in force
in Denmark or in any Danish territory to which the present
Convention applies by reason of extension made under
Article XX;
(b) in relation to the United Kingdom, all British
subjects and British-protected persons residing in the
United Kingdom or any British territory to which the
present Convention applies by reason of extension made
under Article XX, and all legal persons, partnerships,
associations and other entities deriving their status as such
from the law in force in any British territory to which
the present Convention applies.

6. In this Article the term taxation means taxes of
every kind and description levied on behalf of any authority
whatsoever.

ARTICLE XX
1. The present Convention may be extended, either in
its entirety or with modifications, to any territory of one of the
High Contracting Parties to which this Article applies and
which imposes taxes substantially similar in character to those
which are the subject of the present Convention, and any
such extension shall take effect from such date and subject to
such modifications and conditions (including conditions as to
termination) as may be specified and agreed between the High
Contracting Parties in notes to be exchanged for this purpose.

2. The termination in respect of Denmark or the United
Kingdom of the present Convention under Article XXII shall,
unless otherwise expressly agreed by both High Contracting
Parties, terminate the application of the present Convention to
any territory to which the Convention has been extended under
this Article.









3. The territories to which this Article applies are:
(a) in relation to the United Kingdom: :lny territory
other than the United Kingdom for whose international
relations the United Kingdom is responsible;
(b) in relation to Denmark: any territory other than
Denmark for whose international relations Denmark is
responsible.

ARTICLE XXI

1. The present Convention shall be ratified and the
instruments of ratification shall be exchanged at London as
soon as possible.

2. Upon exchange of ratifications the present Convention
shall have effect-

(a) In the United Kingdom:

as respects income tax for any year of assessment
beginning on or after the 6th April, 19,9;
as respects sur-tax for any year of assessment beginning
on or after the 6th April, 1948; and
as respects profits tax in respect of the following profits:-
(i) profits arising in any chargeable accounting
period beginning on or after the 1st April,
1949;

(ii) profits attributable to so much of any
chargeable accounting period falling partly
before and partly after that date as falls
after that date;
(iii) profits not so arising or attributable by
reference to which il.come tax is, or but for
the present Convention would be, chargeable
for any year of assessment beginning on or
after the 6th April, 1949.

(b) In Denmark:
as respects Danish tax for any taxation year beginning on
or after the 1st April, 1949.









ARTICLE XXII
The present Convention shall continue in effect indefinitely
but either of the High Contracting Parties may, on or before
the 30th June in any calendar year not earlier than the year
1953, give to the other High Contracting Party, through
diplomatic channels, written notice of termination and, in such
event, the present Convention shall cease to be effective-
(a) In the United Kingdom:
as respects income tax for any year of assessment
beginning on or after the 6th April in the calendar year
next following that in which the notice is given;
as respects sur-tax for any year of assessment beginning
on or after the 6th April in the calendar year in which the
notice is given; and
as respects profits tax in respect of the following profits:-
(i) profits arising in any chargeable accounting
period beginning on or after the slt April
in the calendar year next following that in
which the notice is given;
(ii) profits attributable to so much of any
chargeable accounting period falling partly
before and partly after that date as falls
after that date;
(iii) profits not so arising or attributable by
reference to which income tax is chargeable
for any year of assessment beginning on or
after the 6th April in the next following
calendar year.
(b) In Denmark:
as respects Danish tax for any taxation year beginning on
or after the 1st April in the calendar year next following
that in which the notice is given.
SECOND SCHEDULE.
1. APPLICATION. (a) The provisions of the Conven-
tion incorporated in the First Schedule to this Order shall
apply as modified below:-

(i) as if the contracting parties were the Presidency
of Montserrat and the Government of Denmark;









(ii) as if the tax concerned in the case of the Presi-
dency were the tax on income imposed by the
Income Tax Ordinance, 1945, as amended;
(iii) as if the taxes concerned in the case of Denmark
included the Defence Tax;
(iv) as if references to the date of signature were
references to the 22nd day of December, 1954;
(v) as if references to the 6th day of April were
references to the 1st day of January.
(b) The extension shall have effect in the Presidency as
respects tax for the year of assessment 1954 and for subse-
quent years of assessment, (and will have effect in Denmark-
as respects Danish tax for any taxation year beginning on or
after the first day of April 1954).
(c) The extension shall continue in effect indefinitely but
may be terminated as respects the Presidency by written
notice of termination given on or before the 30th day of June
in any calendar year not earlier than the year 1957 by either of
the High Contracting Parties to the Convention to the other
High Contracting Party through the diplomatic channel and
in such event the extension shall cease to have effect in the
Presidency as respects tax for the year of assessment begin-
ning in the calendar year next following the date of such
notice and for subsequent years of assessment, (and will cease
to have effect in Denmark as respects Danish tax for any
taxation year beginning on or after the first day of April in
the calendar year next following that in which the notice is
given).
2. MODIFICATIONS. (a) In Article VII(1) of the Con-
vention the words "exempt from United Kingdom sur-tax "
shall be understood for the purposes of this extension as
though they read shall not be liable to tax in the territory at
a rate in excess of the rate applicable to a company ".
(b) In Articles VIII and IX all references to interest
shall be deemed to be deleted.
Made by the Governor in Council this 18th day of
April, 1956.
Js. H. CARROTT,
Clerk of the Council.
ANTIGUA
Printed at the Government Printine Office, Leoward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1956.


C. 31/00060--490--4.56.


Price 20 oents.










THE EDUCATION ORDINANCE, 1955
No. 11 of 1955.
Arrangement of Sections.
PART I.
PRELIMINARY.
1. Short title
2. Interpretation
PART II.
ADMINISTRATION.
3. Organization
4. Establishment of Board of Education
5. Resignation and cessation of membership
6. Filling of vacancy
7. Meetings of the Board
8. Functions of the Board
9. Power to make general regulations
10. Establishment of Primary Schools Commission
11. Functions of Commission
12. General Orders relating to conditions of service and duties of
teachers
13. Register of teachers
14. Record of teaching service
15. Liability for transfer or secondment
16. Managers
17. Duties of Managers
18. Keeping and submission of records of primary schools
19. Assisted grants to primary schools and Community School
20. Declaration of assisted grant to primary school
21. Nature of assisted grants
22. Manner o' payment of salaries of teachers and assisted grants
23. Payment of assisted grant to Community School
24. Withholding or withdrawal of grant from primary school
25. Provision of apparatus and equipment
26. Admission of pupils
27. Age limit
28. Religion, race and language
29. Conscience clause
30. Lord's Prayer and portion of Scripture to be read
31. Religious instruction
32. Education Report
PART III.
COMMUNITY SCHOOLS.
33. Recognition of Community school
34. Power to make regulations relating to Community Schools.
PART IV.
PRIVATE SCHOOLS.
35. Private schools
36. Application for establishment of private school
37. Power of entry and inspection
38. Disqualification of teacher
39. Closure of private school
40. Yearly returns
41" Power to visit private school and make enquiries
42. Revocation of approval of private school
43. Power to make regulations relating to private schools
x







PART V.
COMPULSORY EDUCATION.

44. Compulsory school attendance area
45. Appointment of school attendance officers
46. Duty of parent
47. Failure to comply with provisions of Ordinance
48. Exceptions in cases of failure to comply with provisions of
Ordinance
49. Right of entry of school attendance officer
50. Obstruction etc.
51. Provisions as to evidence
52. Free certificate to be supplied to school attendance officer

PART VI.
PENSIONS AND GRATUITIES.
53. Definition
54. Pensions and gratuities charged on revenue
55. Grant of pensions and gratuities
56. Pension to whom and at what rates to be granted
57. Gratuities
58. Pension and gratuity not of right
59. Circumstances in which pension may be granted
60. Termination of service
61. Marriage gratuities
62. Retirement on reorganization
63. Compulsory retirement
64. Commencement of pensionable service
65. Teaching service under age of 20
66. Maximum pension
67. Suspension of pension on re-employment
68. Pensions etc. not to be assignable
69. Pensions etc. to cease on bankruptcy
70. Pensions etc. may cease on conviction
71. Generai rules as to qualifying service and pensionable service
72. Continuity of teaching service
73. Leave without salary
74. Emoluments to be taken for computation of pensions etc.
75. Gratuity and reduced pension
76. Gratuity where teacher dies in the teaching service or after
retirement
77. Teachers retiring on account of injuries received or diseases
contracted in the discharge of their duties
78. Pensions to dependants when a teacher dies as a result of injuries
received or disease contracted in the discharge of his duties

PART VII.
SECONDARY EDUCATION.

79. Establishment of Government Secondary schools
80. Secondary school teachers

PART VIII.
GENERAL.

81. Assisted primary school teachers not public officers
82. Application of Ordinance
83. Repeal
84. Commencement







No. 11 of 1955. Edua(ion. VIRIN
ISLANDS,

[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
30th December, 1955.

VIRGIN ISLANDS.

No. 11 of 1955.

An Ordinance relating to Education and '-roviding
for the grant of Pensions and Gratuities to
teachers employed in Primary Schools and
for matters incidental thereto or connected
therewith.
ENACTED by the Legislature of the Virgin
Islands.
PART I.
PRELIMINARY.
1. This Ordinance may be cited as the Shorttitle.
Education Ordinance, 1955.

2. In this Ordinance, unless the context Interpreta-
otherwise requires- tion.
assisted in relation to a primary school or
a Community School means assisted by a
grant made from public funds in a manner
provided by this Ordinance;

Board means the Board of Education
established under section 4;
"child means any person between the age of
five years and fourteen )years;
"Commission" means the Primary Schools
Commission established under section 10;
Community School" means a primary
school to which a grant is made from
public funds and which is recognized by
such declaration and conducted in such
manner as prescribed by section 33;







VIRGtI 2 Education. No. 11 of 1955.
ISLANDS.
"Community School teacher" means a person
authorized to conduct a Community
School as provided by Regulations made
under this Ordinance;
"compulsory school attendance area" means
an area declared to be a compulsory
school attendance area under section 44;
"Government primary school" means a
primary school established and maintained
wholly from public funds;
"Government Secondary School" means a
Secondary School established and main-
tained by the Government of the Presi-
dency from public funds;
"Managers means the managers responsible
for the management of schools as
specified in section 16;
parent" includes guardian and any person
who has the legal or actual custody of a
child;
"pensionable emoluments means-

(a) in respect of teaching service,
the regular monthly salary paid to a
teacher, and
(b) in respect of other teaching ser-
vice salary as defined in the Denomina-
tional School Teachers Pension Ordinance,
1/1931. 1931;
"pensionable service" means service which
may-be taken into account in comput-
ing pension under this Ordinance;
"primary school" means a school which
provides primary education for pupils up
to the age of twelve years and post
primary education up to the age of fifteen
years;
"private school" means a school or educational
class or institution attended by twelve
or more children, not being a Government







No.


11 of 1955. Education. 3 VIRnG
ISLANDS.
secondary school or a Government or
assisted primary school:
Provided that where the children
attending a school are all under the age
of five years the school shall not be
deemed a private school for the purposes
of this Ordinance;
"pupil teacher means a person over fourteen
years of age who-
(a) has passed the Standard VII
Examination or any examination equiva-
lent thereto; and
(b) is certified as free from commu-
nicable disease and physically fit to
perform the duties of teaching; and
(c) is of good moral character and
is appointed to teach;
qualifying service means service which may
be taken into account in determining
whether a teacher who has been in teach-
ing service is eligible by length of service
for pension or gratuity;
"salary includes charge pay;
Secondary school means a school which
provides secondary instruction in
academic, technical, industrial or commer-
cial subjects;
Secondary school teacher" means a person
employed as such in a Government Secon-
dary school;
"section means section of this Ordinance;
"teacher" means a person registered for
employment as such in any government
or assisted primary school on the register
of teachers kept in accordance with the
provisions of this Ordinance;
"teaching service" means-
(a) registered service as a teacher
in a primary school,







VIHGIN 4 7duation. No. 11 of 195.)
ISLANDS.
(6) other teaching service;
"other teaching service" means whole time
service as a teacher in a denominational
school in the Presidency within the
meaning of the Denominational School
Teachers Pension Ordinance. 1931, as
amended, before the coming into force of
this Ordinance.

PART 1I.
ADMINISTRATION.
Organization. 3. The provisions of this Ordinance shall be
carried out by-
(a) the Board which in accordance with
the provisions of section 8 shall advise on all
questions of policy;
(b) the Commission which in exercise of
the powers conferred by section 11 shall deal
with all questions of staff;
(c) an officer in the public service
appointed by the Governor with such title
as the Governor may approve (hereinafter
referred to as the officer in charge of educa-
tion ") who shall be responsible for the
implementation of policy decisions and such
other matters as may be prescribed by this
Ordinance and the Regulations made there-
under;
(d) the Managers who shall be responsible
for the management of schools.
Establish- 4. (1) There shall be established a Board of
ientof Ec n Education composed of the following:-
(a) all the members of the Commission;
(b) a member of the Executive and
Legislative Councils of the Presidency to be
appointed by the Governor;
(c) a representative of the Virgin Islands
Teachers' Association to be appointed by the
Governor;







No. 11 of 1955. Education. 5 VIRGIN
ISLANDS.
(d) the Principal of the Government
Secondary school of the Presidency;
(e) two persons to be co-opted by the
Board under subsection (2) of this section;

( f) such other persons not exceeding
three in number as shall be appointed by the
Governor.

(2) The Board may co-opt as members, for a
stated period not exceeding two years, persons
having an interest in education.
(3) Persons appointed to the Board under
paragraphs (h), (c) and (/') of subsection (1) of
this section shall hold office for a period of three
years but shall be eligible for re-appointment.
(4) The Commissioner of the Presidency, and
in hisl absence the person appointed under paragraph
(i) of subsection (1) of this section, shall preside
at all meetings of the Board.
(5) The officer in charge of education shall be
Secretary of the Board.

(6) The quorum of the Board at any meeting
shall be five.

(7) Decisions of the Board shall be signified
by the majority of the votes of the members
present and voting and in case of an equality of
votes the person presiding shall have a second or
casting vote.

5. (1) Any member of the Board, other Resignation
than a public officer appointed by virtue of his an, essation
office, may resign his membership upon giving ship.
notice in writing to the Governor but such member
shall be eligible for re-appointment. The member
appointed under paragraph (b) of subsection (1) of
section 4 shall cease to he a member of the Board
if he ceases to be a member of the Legislative
Council of the Presidency.
(2) Any member of the Board who shall be
absent from three consecutive meetings of the







VIRGIN 6 Education. No. 11 of 1955.
ISLANDS.
Board without informing the Board of his reason
for such absence shall cease to be a member of the
Board.
Filling of 6. The Governor may at any time appoint
vacancy, some person to be a temporary member of the
Board for any period of leave granted to a member
of the Board.
Meetings of 7. (1) The Commissioner of the Presidency
the Board. may summon meetings of the Board as may be
necessary, and he shall summon a meeting if
requested so to do by notice in writing signed by
any three members of the Board.
(2) Every such request shall state the objects
for which the meeting is required to be summoned.
(3) Meetings of the Board shall be open to
the public except when the person presiding or a
majority of the Board directs that a meeting be
held in private.

(4) The Board shall keep minutes of its
proceedings.

Functions of 8. The functions of the Board shall be-
the Board.
(a) to advise the Governor in regard to
educational policy and principles, and to submit
their views on any educational question which
the Governor may refer to them:
Provided that in the absence of such
reference the Board may draw the attention
of the Governor to any aspect of educational
policy which, in their opinion, requires
attention;
(b) to advise on any matters connected
with the educational system of the Presidency
which may be referred to it from time to time
by the Governor, or regarding which the
majority of its members desire to make
representations to the Governor; and

(c) to perform all such duties and exercise
all such powers which are vested in it by this
Ordinance.







No. 11 of 1955. Education. 7 VIRGIN
ISLANDS.
9. (1) The Board may make Regulations Power to
dealing with all matters affecting education in the ke general
Presidency and without prejudice to the generality
of the following provisions such Regulations may
provide for the following matters:-
(a) as regards primary education-
(i) the establishment, administration,
management and closure of
Government and assisted pri-
mary schools;
(ii) the inspection and examination
of Government and assisted
primary schools and the curri-
culum and instruction to be
given therein;
(iii) the conditions under which
assisted grants may be made
to assisted primary schools;

(iv) the keeping of registers and
other records for primary
schools and the particulars to
be supplied by the owners of
such schools;
(b) as regards secondary education-
(i) the establishment, maintenance
and closure of Government
secondary schools, their policy,
administration and management;
(ii) the payment and remission of
pupils' fees;
(iii) the award, amount and tenure of
scholarships and the conditions
under which candidates shall be
examined;
(c) as regards educational matters in
general-
(i) the size of class rooms and their
equipment, the number of
pupils that may occupy each







VIRGIsN Edurati,}. No. 11 of 1955.
ISLANDS.
chla-, room, and the necessary
latrine conveniences to be
provided;

(ii) the conditions to be observed
for the protection of the
health of, and the prevention
of the spread of disease among,
the pupils;

(iii) the manner and the training of
teachers and pupil teachers,
their qualifications and salaries
and the general conditions of
their service;
(iv) the training, qualifications and
grading of secondary teachers;
(v) the promotion of adult education
and the establishment of a
system of vocational and techni-
cal education and library ser-
vices;
(vi) generally for the better carrying
out of the provisions of this
Ordinance.
(2) Regulations made under subsection (1) of
this section shall have no force or effect until thev
have been approved by the Governor in Council.

Establish- 10. (1) There shall be established a Primary
ment of Pri- Schools Commission composed of the following:-
mary Schools
Commission.
(a) the officer in charge of education as
chairman;
(b) the Managers of Government and
assisted primary schools;

(c) one menmlwr nominated by a Maniager
in respect of every five schools under his
management to be appointed by the Commis-
sioner of the Presidency.

(2) The quorum of the Conmnission at any
meeting shall be three.







No. 11 of 1955. Education. 9 VIRGIN
ISLANDS.
(3) The chairman sh,!l he Executive Officer
of the Commission.

(4) The decisions of the Commission shall be
signified by the majority of the votes of the
members present and voting, and in case of an
equality of voles the chairman shall have a second
or casting vote.
(5) In any matter of dispute arising in the
Commission excepting a motion for the dismissal
of a teacher an appeal shall lie to the Commissioner
of the Presidency whose decision shall be final.

11. The Commission shall appoint, transfer Functions of
and dismiss all teachers and shall deal with all t!e commis-
questions of staff management and discipline in O.
primary schools in accordance with Regulations
made under this Ordinance:

Provided that-

(i) no new post shall be created by
the Commission unless the
prior approval of the Legislative
Council has been obtained for
the proposal to create such post;
(ii) in every case where a dismissal
is ordered or where a request
made by a Manager for dis-
miss:Al of a teacher is refused,
an appeal shall lie to the
Governor of the Leeward
Islands whose decision shall be
final.

12. (1) For the purpose of keeping the General
conditions of service of teachers as far as practicable Orders
nI lating to
in line will those of civil servants the Commission conditions of
may froinm Liln to tiliie make general orders relating service and
duties.
to thll c nditiIons of :ervicee alnd the efficient
performance of the- duties of teachers.

( (:i i'rera] Orders made under this section
shall ha;iv no! t',rce or c.tiFc until thev have been
approved by tle Governor.







VIRGIN 10 Education. No. 11 of 1955.
ISLANDS.
Register of 13. The Commission shall keep or cause to
teachers. be kept a register of teachers in which shall be
entered the names of every person employed as a
teacher under this Ordinance and shall cause to be
removed from the register the names of any
teacher who-
(a) has died;
(b) has retired;
(c) for any reason has ceased to be
employed as a teacher.

Record of 14. The Commission shall keep or cause to
teaching be kept a record book in which shall be entered the
rice. following particulars:-

(a) in respect of teaching service in a
primary school-
(i) the full name and the age of
every person appointed as a
teacher in such school;

(ii) the date of commencement and
termination of every such
appointment, and the nature
and salary in respect thereof;
(iii) all periods of leave, whether on
full pay, half pay or no pay;

(b) in respect of other teaching service
of any teacher employed in such school-

(i) the full name and the age of
every teacher with such service;
(ii) the date of the commencement
and termination of such ser-
vice, and the nature, salary
and allowances in respect
thereof;
(iii) all periods of leave, whether
on full pay, half pay or no
pay.







No. 11 of 1955. Education. 11 VIRGIN
ISLANDS.
15. (1) A teacher employed under this Liability for
Ordinance shall be liable to be transferred, or transfer or
secondment.
seconded temporarily or for a definite period, to
the public service and his service while so
seconded shall be taken into account in the
computation of any pension or gratuity under
this Ordinance.
(2) Subsection (1) of this section shall be
deemed to have had effect as from the first
day of January, 1944.
16. For the Government primary schools Managers.
the Manager shall be a public officer appointed
by the Commissioner of the Presidency.
(2) For each assisted primary school the
Manager shall be the duly accredited representa-
tive of a religious denomination or other body
resident in the Presidency or a person appointed
by such representative.
(3) The appointment of any manager, act-
ing manager or deputy manager of an assisted
primary school shall be notified in writing to the
Commissioner of the Presidency.

17. (1) The Manager shall be responsible Duties of
for the general management and supervision of Managers.
schools under his control and subject to the
provisions of any Regulations made under
paragraph (a) of subsection (1) of section 9 shall
deal with all matters relating to establishment,
organization and discontinuance of such school.
(2) A Manager may appoint a deputy
manager in respect of any school or group of
schools under his management for the perfor-
mance of any duty or the exercise of any powers
vested in him by this section.
18. All primary schools shall keep such Keeping and
records and submit such returns to the Governor submission of
records of
as may lIe prescribed by regulations made under primary
section 9. schools.
19. Subject to the provision of the neces- Assisted
sary funds by the Legislative Council of the pimary
Presidency, as-siste(l grants from public funds schools and
may be made to any primary school established schoolnt







VIRGIN 12 Education. No. 11 of 1955
ISLANDS.
in the Presidency which qualifies for such grants
in accordance with the provisions of this Ordi-
nance or any Regulations made thereunder.
1),,,ation 20. (1) The Governor in Council may, on an
for asiste application made by or on hbhalf of the Head or
grants to a "
primary Governing 10ody of any roliious denomination
school. or association which on the coming into force of
this Ordinance owned and managed a primary
school in the Presidency, by order declare any
such school to be a primary school to which
assisted grants shall he made.
(2) On the making of an order embodying
such declaration and subject to tlh approval
of the Legislative Council, tlhe school specified
in that declaration shall quIaliy (or an assisted
grant in accordance with the provisions of this
Ordinance.

Nature of as- 21. (1) 'The assisted grants for which
sister grants. primary schools may qualify under this Ordi-
nance shall consist of-
(a) payment in full from public funds
of the salaries of the teachers, including
pupil teachers, employed in such schools at
the rates fixed in Regulations made under
this Ordinance;
(b) the full cost of building or purchas-
ing school furniture and the erection of,
or repairs to latrines provided that such
expenditure has been approved by the
Governor in Council;

(c) payments for such other purposes
as may be approved by the Governor in
Council.

Manner of 22, () The Treasurer of the Presidency
payment of shall pay each Imionh to such member io
salaries ofO
tache and the Commission as may lie appointed by the
assisted Commission for the purpose suci! sis o minoney
grants. as shall he certified !y, the officer in charge of
education to he the salaries of all teachers and
pupil teachers employed hi ti e Conrnission
in any Government or assisted primary school







No. I I f Iir


and the member so appointed shaIl be responsible
for the payment of such salaries on behalf of the
Commission.

(2) The Treasurer of the Presidency shall
pay to Managers of assisted primary schools such
other assisted grants provided under this Ordi-
nance as may be certified by the officer in charge
of education.

23. (1) The Treasurer of the Presidency
shall pay at the end of each term to Community
School teachers such sum as may be certified by
the olficer in charge of education in accordance
with the provisions of subsection (2) of this
section.
(2) The officer in charge of education shall
not certify any payment to a Community School
teacher unless such payment is recommended by
the Board of Education and approved by the
Governor in Council.

24. The Governor in Council may, on the
recommendation of the Board, withhold or with-
draw from any assisted primary school any
assisted grant or portion thereof to which such
school might otherwise he entitled, in any case
where there has been non-compliance with any
of the conditions attaching to such grant.

25. (1) From such funds as may be
provided by the Legislative Council of the Presi-
dency for the purpose the officer in charge of
education shall at the beginning of each term
distribute to every Government and assisted
primary school such apparatus and equipment
as he deems to he necessary for the efficient
conduct of the school subject to such Regulations
as may he made under the provisions of this
Ordinance.

(2) All non-expendable apparatus and
equipment provided under subsection (1) of this
section shall remain ihe property of the Govern-
ment of the Presidency and the officer in charge
of education may after consultation with the
Manager transfer any such apparatus and
equipment from one school to another.
I


13 XIRGTN
fSLhhwnS.


Payment of
issist(ld
grant to
(Conuniiunity
Sc, ".1 ,


Withholding
or withdrawal
of grant from
assisted
pri mary
(h(,tol.




Provision of
apparatus and
equipment.


,dWll


1sI"kNI)s.







VIRGIN 1.4 Education. No. 11 of 1955.
ISLANDS.
Admission 26. Pupils shall ie admitted free to all
of pupils. Government and assisted primary schools.

Age limit. 27. (1) The ages of admission to a pri-
mary school shall be between five and fourteen
years.
(2) No pupil shall be retained on a primary
school register after attaining the age of fifteen
years.
Religion, race 28. No child shall be refused admission
and language. into any primary school on account of the
religious persuasion, nationality, race or language
of such child or of either of his parents.
Conscience 29. It shall not be required as a condition
clause. of the admission to, or continuance of the atten-
dance at, a primary school of any child that he
shall-
(a) attend or abstain from attending
any Sunday school or place of religious
worship; or
(b) if his parent objects, attend or
practise any religious observance or attend
any instruction in religious subjects in the
school or elsewhere; or
(c) attend school on any day or part
of a day specifically set apart for religious
worship by the religious denomination to
which he belongs.
Lord's Prayer 30. (1) In every primary school, each
and portion morning at the opening of the school, the Lord's
of Scripture -
to be read. Prayer shall be publicly repeated and a portion
of the Holy Scripture shall be read without
comment by the head teacher or his deputy.

(2) No assisted grant shall be made to any
assisted primary school where the provisions of
this section are not observed.
Religious 31. In every primary school religious
instruction, instruction in the Christian- religion shall be
given, subject to such Regulations as may be
made by the Board under the provisions of this
Ordinance.







No. 11 of 1955. Edurllon. 15 VIInGI
ISLANDS.
32. The officer in charge of education Eductiou
shall submit annually to the Governor a report Report.
on the state of education in the Presidency in the
form and containing information with regard to
the particulars directed by the Governor.
PART III.
COMMUNITY SCHOOLS.


33. (1) Where on account of the in-
sufficiency of accommodation in the schools in
any place, the Board considers that a school
established and maintained in that place should
be recognized as a Community School the
Board may recommend that such school be so
recognized and the Governor in Council, if
satisfied that that school is conducted in
accordance with the regulations made by the
Board under section 64, may by notice published
in such manner as he thinks most suitable for
informing the persons concerned declare that the
school shall be recognized as a Community
School.
(2) On the making of a declaration of
recognition of a Community School, the school
so recognized shall qualify for an assisted grant
in accordance with the provisions of this
Ordinance.
(3) Such recognition of a Community
School may be rescinded at any time by notice
published in the same manner as a notice under
subsection (1) of this section whenever the
Governor in Council after considering a report
by the Board is satisfied that the school has
ceased to be conducted in accordance with the
regulations made by the Board.
(4) Where recognition of a Community
School is rescinded, any assisted grant to that
school shall cease.

34. (1) The Beard may make Regulations
dealing with any or all of the following:-
(a) the establishment, management and
closure of Community Schools;


Recognition
of Community
School.


Power to make
Regulations
relating to
Community
Sc ,ols.







VIRGiIN 16 Educaion, No. 11 of 1955.
ISLANDS.
(b) the inispeciuioin and (examMinI1ion of
Community Schools and the instruction to be
given therein;
(c) the conditions under which grants
may be made to Community School teachers
or equipment issued to them;
(d) the keeping of registers and other
records and the particulars to be supplied by
Community School teachers.
(2) Regulations made under subsection (1)
of this section shall have no force or effect until
they have been approved by the Governor in
Council.
PART IV.
PRIVATE SCHOOLS.
Private 35. No private school shall be conducted
Schools. in the Presidency without the prior approval in
writing of the Commissioner given on the advice
of the Board.
Application 36. (1) Every person making application
ent of pri to establish a private school shall supply in writing
vate school, to the Commissioner and in such form as may be
prescribed by the Board the following particulars:-
(a) the full name and address of the
person conducting such school;
(b) the situation of the school;
(c) the hours during which the school is
open;
(d) such other information as the Board
may reqnire in connection with such school.
(2) Whenever there shall occur any change
in the ownership of the school or its location, or
any modification in respect of any of the aforesaid
particulars, the person conducting such school shall
forthwith furnish the officer in charge of education
with a supplemental return containing the correct
particulars.
(3) If a private school remains closed for a
longer period than sixty consecutive days (except
for regular holidays, not exceeding twelve weeks in








No. 11 of 1955. Edui;ation. 17 VIuGIN
any one yerar) the person ceoniducting that school I D.
shall furnish the officer in charge of education with
a supplemental return giving the reasons for the
closing of the school and the period the school is
likely to remain closed, and if subsequently the
person conducting that school desires to re-open
such school, a new return containing the particulars
referred to in subsection (1) of this section shall
be furnished to the officer in charge of education
before the school is re-opened.
37. For the purposes of this Ordinance the Powerof
officer in charge of education mayN, at any reasonable ntry and
inspection.
time during school hours, enter and inspect any
premises wherein a private school is being conducted.

38. (1) No person shall be employed in a Disqualifica-
private school as a teacher or act as a teacher therein tion of
if it is shown to the satisfaction of the Governor in
Council that he is unsuitable to be in charge of
children or to teach them.
(2) Any person who is disqualified under
subsection (1) of this section and with knowledge
of such disqualification acts as a teacher in a private
school shall be guilty of an offence and shall be
liable, on summary conviction, to a fine not exceed-
ing one hundred dollars.
39. The officer in charge of education on closureof
the advice of a Government Medical Officer may Privat"
require either the closure of any private school or
classroom, or the exclusion of certain pupils for a
specified time, with a view to preventing the spread
of disease or any danger to health.

40. Every person conducting a private Yearly
school shll in the month of January in each year returns.
furnish the officer in charge of education with
a return in respect of the previous school year
containing the following particulars:-
(a) the number of meetings during which
thle school was open;
(6) the number of pupils on the roll on
the 31st December;
(c) the average attendance for the school
year;








V11UGIN
ISLANDS.








Power to
visit private
school and
make e-l
qmuries.


Revocation of
approval of
private school.


Power to make
Regulations
relating to
private schools.


Ldication. No. 11 of 1503.


(d) the percentage of attendance of the
total possible attendance for the pupils on the
roll.
In this section "the previous school year"
means the period fror, the first day of January
to the thirty-first dav of December of the pre-
ceding year.

41. (1) The officer in charge of education
or any officer deputed by him in writing to act us
his represieItaLtive Tma\ enter anll prelims s wherrein :a
private school is being conducted, at any reasonable
time during school holior-, for lie purpose of mak-
ing enquiries and discha'ging such duties as may
be imposed on him by this Ordinance or by any
regulations made thereunder.

(2) Every person who obstructs or resists the
ollicer in charge of -edhintion or any such officer in
the performance of his duties shall be iguiltv of an
offence and shall iie liaile, on summary conviction ,
to a fine not exceeding nine dollars and sixty cents.

4-2 (1) The Commissioner of the Presi-
dency rmav \wh' ,eve(r lie is sati-fir d that a private
school does not (r is cias ed to ci'InpIl with the
requirements of the Board give notice in writiritin
to the person cundci1, ctin such school that approval
for the keeping of such school is revoked or will be
revoked within a period of time to be specified
in such notice unless during that period the omission
or failure to comply with the said requirements is
made good.

(2) Such approval may he revoked at any
time whenever the Commissioner of tlh Presidenec
with the advice of the Board is satisfied that i v
private school has ceased to cc(nmplv witl tihe
requirements of the Board for tih conduct of such
private school.
43. (1) The Board may make regulations
in respect of tlh following matters:--
(0) flie size of claFsrro(n(is in pri ate
schools and their equipment, the number of
children that may occupy each such classroom,
and the necessary latrine conveniences to be
provided;








No. 11. ol 1955. Edliu'ation. 19 VIRGIN
[SLANI)S.
(/,) f ,r ilO pr1sel rv,ikion ,t, health and
the prevention of the spread (of di-ease among
the pupils in private schools;
(c) for prescribing the registers and other
records to be kept by proprieto. s of private
schools :int the particulars to 're -upplied to
the officer in charge of education by them; and
(d) generally, for more effectually carry-
ing out the iprovisirrs of this part of this
Ordinance.

(2) Iieullattion.s ,i;ade uniler shubilection (1) of
this sctiomn shill have no forceC or effect until they
have been approved by the governor r in Council.

PART V.


COMPULSORY EnUCATION.

44. It shall Ie lawful for the Legislative Compulsory
Council of th. Presidencyv, )by resolution, to declare Shool
any area of the Presidencv to be a compulsory arei.
school attendance area within the meaning of this
Ordinance.

45. The Governor nmav appoint fit and Appointment
proper persons to be school attenda:ice officers of C'hool
attendance
within compulsory school attendance areas. officers.
46. It shall be the duty of every parent Duty of
of a child residing wiltini a cmpulsory school parent.
attendance area to send such child regularly to a
school or to provide such chiil with instruction as
efficient as that obtainable at a school within such
all area.

47. Anv parent of a child residing within Failure to
a com pulsory school attendance area who, without conmly with
provisions of
reasonable excuse, fails or neglects to comply with Ordinance.
the provision, of this Ordinance, shall le R'uilty of
an offence ag'iinst thlis (Ordinanrce and shall be liable
on summary conviction o t p enall y not exceeding
nine ;'olars and sixty cents for the first offence,
and not exceediing it-'ntv-four dollitrs for a second
or subii eq iit oifence, and in default of payment to
imprisonment for a term not exceeding one month.








Education. No. 11 of 1955.


VIRGIN
ISLANDS.
Exceptions in
cases of fail-
ure to comply
with provi-
sions of
Ordinance.


48. It shall be a reasonable excuse for a
parent failing to comply with the provisions of this
Ordinance if-

(a) the child is prevented from receiving
instruction by sickness or any unavoidable
cause; or

(b) the parent shall prove to the satisfac-
tion of the Magistrate that he has made all
reasonable efforts to comply with the provisions
of this Ordinance; or

(c) there is any other excuse which in the
opinion of the Magistrate is a reasonable one.

49. It shall be lawful for every school
attendance officer to make enquiries at any house,
building, yard or place between the hours of six
o'clock in the morning and six o'clock in the even-
ing of any day except Sundays and public holidays,
for the purpose of discharging such duties as may
be imposed upon him by this Ordinance:

Provided that no such officer shall have the
right to enter any house or building without the
consent of the occupier thereof.

50. Every person who-

(a) obstructs or resists any school attend-
ance officer in the performance of his duties;

(b) wilfully makes any false representa-
tions to any school attendance officer with
respect to the age of any child;

(c) wilfully refuses to furnish to any
school attendance officer any information which
such officer may require with respect to the
absence from school of any child residing
within a compulsory school attendance area,
and the reasons for such absence,

shall be guilty of an offence against this Ordinance
and shall be liable on summary conviction to a
penalty not exceeding nine dollars and sixty cents
and in default of payment to imprisonment for a
term not exceeding one month.


Right of
entry of
school attend-
ance officer.


Obstruction
etc.







No. 11 of 1955.


51. (1) When the age of any child is
irqcluired to be ascertained in any prosecution under
this Ordianlce, the Magistrate, on production. of
the child before him, and on considering any
evidence of age that may be alleged by the parent
of the child, and in the absence of clear testimony
to the contrary, may declare what in his opinion is
the true age of such child, and such age shall for
all purposes connected with the prosecution, be
taken to be the true age of such child at that time.
(2) In ;:ny prosecution against the parent of a
child under this Ordinance a certificate giving
particulars of the attendance of such child at a
primary school within a compulsory school attend-
ance area signed by the head teacher of such school
shall be received in evident ce and shall, unless the
contrary is proved, be deemed to be evidence of the
matters therein stated.
52. A school attendancee officer shall be
entitled to obtain from the Registrar General of
Births, Deaths and Marriages of the Presidency,
without the p:) yment of any fee therefore, a certified
copy of any entry in any Register in his custody
or in the custody of any of his deputies, with
respect to the birth of any child.


VIRGIN
ISLANDS.
Provisions as
to evidence.


Free certifi-
cate to be
supplied
to school
attendance
officer.


PART VI.

PENSIONS AND GRATUITIES.

53. For the purposes of this Part of this Definition.
Ordinance the expression teacher" does not
include a temporary or pupil teacher of a primary
school.

64. There shall be charged on and paid out Pensions and
of the general revenues and other funds of the gratutes
?Iharged on
Presidency all such sums of money as may, from revenues.
time to time be granted by way of pension and
gratuity in pursuance of the provisions of this
Ordinance.

55. Pensions and gratuities may be granted orant of
by the (Governor in accordance with the provisions pensionesand
of this Ordinance to teachers who have been in
teaching ser icu in the Presidency.


21


Education.






VIRGIN 22 Edp'rioi. No. 11 of 1955.
ISLANDS.
Pension to 56. Si .' to e i)'o\ ins of this Oli-
whomandat na1nce a teacher wh l h e bn.:c in teachii S 'ervic
what rates to '
be granted. inll the Presidency FIor ten Veir s or ll(o'' 111 nV be
granted on retirement a pension at the annual rate
of one-six-huin tredth of his piei isionable emoioluiients
for each complete month ,f t(.Ichin l' service.

Gratuities. 57. : teacthr othcrwis- qualified for pension
who hats n ot complete1lrd v<-!i v(as teachirigI service
may be igrant:td on r'iremiiient a gratttity not
exceeding live tim ie- tllte alliii l alii) lt of thl.
pension which if thlie it(l i)-t, no ,iiIi fnyiljg
period might have bIeein igra'ted to lhiii uILnler
section 58.
Pension and 58. (1) No teiicher shall have 'an absolutet
gratuity ot right to compensation ',ir pi;Lst sL'vices or to pension
of right.
or gratuity.

(2) Where it ha. been st;ibdlished t tithe
satisfaction of the Governor that a teacher iias been
guilt of negli-gene, irriZil:.rit\y. ir misconduct, lthe
pension or gratuity imaly ib reduced or altogether
withheld.
Circum- 59. No pension or gratuity shall be granted
stane sion under this Ori1inallce ro :a teacher except (I, his
may he retirement fromi teacl in service and unl css--
granted.
(a) he has attained the age of fifty-five
years;
(b) in the case of trl isfer to a lpnsionnlble
office in the service of tlithe rc'sid 'v, he has
attained the atc,- t which l he is permitted by
law to retire on pension or gratuity:
(c) it is certified on medical evidence, to
the satisfaction of the Governor, that le is
incapable Iy reason of aniv infirmity of mind
or )bod of cniitinuin : 'lie'in i'' i i r;'hin",
service nmi( that sucIl infirinitv is likely ito be
permanent;

(d) he has been commulsorily rotiretl i)v
ill' 1oi(l for the purpose' of fhwilitatin
improvement in tile ,owr 'fl Z:tilon of ;I priniry
shliooil hv which !nI I(' ( lli.cictne or economy
may be effected; or






No. 11 of 19.35. E lratior. 23 VIRMTN
ISLANDS.
(e) his employment in the teaching service
has beei terminated in the public interest as
provided by section 60.

60. The Governor may require a teacher in Termination
teaching service, whmn he -i satisfikc is unable to of orvice.
discharge eticiently the duties of a teacher, to retire
from such teaching~ service, ard ii a pension or
gratuity camnn t otherwise I e granted to such teacher
under the Imvisions )of thi; O()rlii);,ce, the Gover-
nor mayI, if he thinks lit, grant to such teacilnr
such pension or igr'Ituiit as the governorr thinks
just and prop er, no exceeding in amount that for
which the teacher would be eligible if he retired in
the circumst;Lnces described in p:nrigraph (c) of
section 59.

61. Notwithstarndi5ng anything in this O(rdi- TMarnage
lance contained, where a femllale teacher who has gratuities.
been in tet'clhiiig service in lthe Preasi ienlcv for not
less than five years, reire-, for the reason that, she
has married or is about to marry, and is not eligible
for the grant of an, pensio) (,r otherwise eligible
for gratnityv iinder thil r ()r(iinaii n, she may be
granted, )n produciioCi; within six months after
her rttirr-iiwnr. or such lonhgrer period as the Gover-
nor mav; in ian particular case allow, of satisfactory
evidence of her marriage, a gratuity not exceeding
one-twelfth )f a minn:tth's peinsionable emoluments
for each completed month of pensionable service
in the Presidcimcy or one year's pensionable emolu-
ments, whichever shall be the less.

62. If a teacher is compulsorily retired for Retirementon
the purpose of facilitating improvement in the reorgaLiza-
SU1011.
organization of a prim ,ary hool by which greater
efficiency or cononmy may be effected--

(a) he may, if he has been in teaching
service for less than ten \ ears, l e granted in
lieu of anly grattuity a (nt section 57 a pension
iuder section 56, as if the words for ten
\ears or more were omitt-i d flroml section 56;
(/) hI' mayi on such r tirement, he
i-'anted an acditio!I:al pensionn :it the annual
rate of ,u.e-sixtieth of his pcnsionable emolu-


__






VtTHGIN 24 Education. No. 11 of 195)).
ISLANDS.
rents for eneh conm)lete period of three years'
pensionable service:
Provided that-
(i) the addition shall not exceed
ten-sixtieths; and
(ii) the addition together with the
teacher's pension shall not
exceed the pension for which
he would have been eligible if
he had continued to be in teach-
ing service and retired on
reaching the age of fifty-five
years, having received all in-
crements for which he would
have been eligible by the date
of his retirement.
Compulsory 63. (1) It shall be lawful for the Governor
retirement. to require a teacher to retire from teaching service
at any time after he attains the age of fifty-five
years.
(2) The name of every teacher who retires
from teaching service shall be removed from the
register of teachers.
Commence- 64. Subject to the provisions of section 65,
ent oble teaching service will be deemed to commence for
pensionable
service, pensionable purposes at the date on which the
teacher commenced to draw salary or half salary.
Teaching 66. There shall not be taken into account
service under as pensionable service any period of teaching service
while a teacher was under the age of twenty years
or while he held the post of a pupil teacher.

Maximum 66. (1) A pension granted to a teacher
pension, under this Ordinance shall not exceed two-thirds of
the highest pensionable emoluments drawn bv him
at any time in the course of his teaching service in
the Presidency.

(2) For the purpose of this section an
additional pension granted in respect of injury shall
not be taken into account, but where the reacler
is granted such an additional lension under this
Ordinance, the amount thereof together with the







No. 11 of 1955. Education. 25 VIRGIN
ISLANDS.
remainder of his pension shall not erceed five-sixths
of his highest pensionable emoiuimnts at any time
in the course of his teaching service.

67. Where a teacher to whom a pension has Suspension of
been granted under this Ordinance is appointed 'e s oon
to an office in the public service of the Presidency ment.
or is re-employed in teaching service, the payment
of his pension, or any part thereof, may, if the
Governor thinks fit, be suspended during the period
of his appointment or re-employment.

68. A pension or gratuity granted under Iens~ions etc.
this Ordinance shall not be assignable or transfer- not to be
1 assignable.
able except for the purpose of satisfying-
(a) a debt due to the Government of
the Presidency;
(b) an Order of any Court for the pay-
ment of periodical sums of money towards the
maintenance of the wife or former wife or
minor child of the teacher to whom the
pension or gratuity has been granted,
and shall not be liable to be attached, sequestered
or levied upon for or in respect of any debt or
claim w whatever except a debt due to the Government
as aforesaid.

69. (1) If ain teacher to whom a pension Pensions, etc.
has been granted under this Or' linance is adjudicated ato cnse on
bankrupt or is declared insolvent by judgment of
any competent Court, then such pension shall
forthwith cease.
(2) If any teacher is adju icated bankrupt or
is declared insolvent as aforesaid either-

(a) after retirement in circumstances in
which he is eligible for pension or gratuity
under this Ordinance but before the pension or
gratuity is granted; or

(/) before such retirement, and he shall
not have obtained his discharged from hank-
ruptcy or insolvency at the datet of his
retirement,






VImTGIN 26 Educatiom. No. 11 of 1955.
ISLANDS.
then, in the former case any pension eventually
granted to him shall cease as from the late of
the adjudication, or declaration, as the case may be,
aud, in the latter case, the pension may be granted,
but shall cease forthwith and not comee payable,
and in either case the gratuity may he granted but
shall not be paid to him.
(3) Where a pension ceases, or where any
gratuity is not paid by reason of this section, it
shall be lawful for the S cr-ttary of Sate r, if the
teacher iln question is resident in the Presidency,
the Governor, from time to Iime, during the
remainder of such person's life, or during such
shorter period or periods, either continuous or
discontinuous, as the Secretary of State or the
Governor, as the case may be, shall think tit, to
direct all or any part of thie moneys to which such
person would have been entitled by way of pension
or gratuity, hid lie (not become bankrupt or in-
solvent, to be paid to, or apijied for the maintenance
or benefit of, all or any to the (xclusion of the
other or other-, of the following,' that is to say,
such person and any wife, child or children of his,
in such proportions and manner as the Secretary of
State or the (Givernor, as tie caser may be, thinks
proper, aind such ,moineys -hIll he paid or applied
accordingly.

(1) Moneys applied for the discharge of the
debts of the teacher whose pension( ceased or whose
gratuity has not been paid, by reason of this section,
shall, for the purposes of this section, be regarded
as applied for his benefit.

(5) When a person wIhse pension Ieased or
whose gratuity has not been paid by re:i-;on of this
section obtains his discharge from bankruptcy or
insolvency, it shdl: be lawful for the Secret;iry of
State or, if su chi person is residents in hle Presi-
dency, the Governor, to direct that the nIsioin or
allowance shall be restored as from tihe date of
such dischargee or any later date, ;ind the pension
shall be restored and thle gratuity, or so much
thereof, if any, as remains after dediuting :it ,n
payments made unler subsection (3) of this section,
paid as from the date of such discharge or any






No. 11 of 1955. i'lrufion 27 VTT~1N
ISLA NDS.
later date, and the pension shall he restored, and IS .
*the gratuity or such remai:. i L chl'of, if any, paid
accordingly.

70. (1) If any person to whom a pension tensions etc
has )heen .ant 'd udI'er this Ordinance is sen- m",celse on
conviction.
teiced to a term of imprisonment by any com-
pctel;t courtt for any offence. such pension shall,
if the Si'creta ry of State or, if such person is
resident in tie Presidency, the Governor so
directs, ceas( as fl'ron such date as the Secretary
of State or the Governor, as the case may be,
determines.

(2) If any person is sentenced as aforesaid
after rrenrement in circumstances in which he is
eligible for rcenion or gratuity under this Ordi-
nance but bel'ore the pension or gratuity is
granted, then the provisions of ,ubsection (1) of
this section shall apply as respects any pension
or gratuity which imay i1e ranted to him.

(3) Where a pension or gratuity is not paid
by reason of this section, it shall be lawful for
thle Scrcctar;l of State', or the governor as the
case iiiay e. to direct all or any part of the
moneys to which such teacher would have been
entitled by way of pension or gratuity had he
not been ,eutenced as aforesaid to be paid, or
applied, in the sanm manner in all respects as
prescribed in section (6 and such moneys shall
be paid or applied accordingly.


(4) \Vhere any person, whose pension ceases
or wl'ose :~'aruity i not paid by reason of this
section ;il' r con viclion, at, any time receives a
free pardon, Illt p1ision shall be restored with
retrospect ivxe elect or his gratuity shall be paid,
but in determining whether arrears of such pen-
sion are ; payable tl siucI person, and in com-
pitin. llt In thei 'el and the amount of
any .'it: 'couni sh Ill be lakein of all
mon-ey1 pa id or applied under subsection (3) of
this section.







VT(RIN 28 Education. No. 11 of 1955.
ISLANDS.
General rules 71. (1) Qualifying service shall be the
as to qualify "-
ingservice aggregate of the periods of teaching service,
ynd pension- without deduction of any periods during which
blo service. the teacher has been absent on leave.

(2) Pensionable service shall be all such
service as is qualifying service under this section,
subject to the deduction therefrom of such
periods, if any, as are not under this Ordinance
entitled to be taken into account as pensionable
service, and no period which is not qualifying
service by virtue of subsection (1) of this section
shall be taken into account as pensionable
service.

Continuity 72. Only continuous teaching service
of teaching shall be taken into account as qualifying service
service.
or pensionable service:
Provided that-
(a) any break in teaching service caused
by temporary suspension of employIment not
arising from misconduct or voluntary resigna-
tion, or by secondment or transfer to a
secondary school, or by transfer from a
pensionable office in which a teacher is con-
firmed to a non-pensionable office; and
(b) any period between the coming into
force of this Ordinance and the making of a
declaration by the (Governor.in Council under
section 20 in respect of anv primary school
the teachers of which had other teaching
service,
shall be disregarded for the purposes of this section.
Leave with- 73. No period during which a teacher has
out salary. been absent from duty on leave without salary
shall be taken into account as pensionable service
unless such leave has been granted on grounds of
public policy with the approval of the Governor.

Emoluments 74. For the purposes of computing the
to be taken amount of a teacher's pension or gratuity the
for computa-
tion of pensionable emoluments, drawn by hiim .at the date
pensions etc. of retirement shall be take if he has drawn such







No. 11 of 1955. Education 29 VIRaIN
ISLANDS.
pensionable eniolnneis f4ir a period of three ISLANDS.
Vr-,rs inmindli:tely prlcedii g such d(ite, otherwise
one-thiril If the ag'greelate pensionable emoluments
enjoyed by him during the three years immediately
preceding the date of retirement shall be taken.

75. (1) Any teacher to whom a pension is Gratuity and
granted under this Ordinance may, at his option r ed" pen-
exercisable as in this section provided, be paid in
lieu of such pension a pension at the rate of
three-fourths of such pension together with a
gratuity equal to twelve and one half times the
amount of the reduction so made in the pension.

(2) The option referred to in subsection (1)
of this section shall be exenrcisable, and if it has
been exercised may be revoked, not later than the
day immediately preceding the date of retirement
of such teacher:

Provided that the Governor may, if it appears
to him in all the circumstances equitable so to do,
allow such teacher to exercise the option or revoke
an option previously exercised at any time between
the date of retirement and the date of award of
pension under this Ordinance.

(3) Subject to the provisions of subsection
(2) of this section if a teacher has exercised the
option his decision shall be irrevocable after the
date of his retirement so far as concerns any
pension to be granted to him under this Ordinance.

(4) If a teacher who has not exercised the
option dies after the date of retirement hut
before a pension has been awarded under this
Ordinance, it shall be lawful for the Governor to
grant a gratuity and a reduced pension as provided
in subsection (1) of this section, as if the teacher
had exercised the option before his death.

(5) The date of the exercise of the option by
a teacher shall be deemed to be the date of the
receipt of his written notification addressed to the
Governor.








ELdur Il'o'. No. 1I of 1955.


VIRGIN
ISLANDS.
Grat ity
where teacher
dies in the
teaching
service or
after retire-
ment.


76. (1) (at) \'Vc'er a teacl er lioling a
penisionable office whoi is not on probation or
agreement, or a teacher holding a Inon-pecisio,:abIle
office to which he has lnwen tranioLf':i"d from n
pensionable office in which lie has been confirmed,
dies while in the teaching service of the IPrsidency,
it shall be lawful for the Governor to grant to
his legal personal representative : gratuiitv of an
amount not exceeding either his annual pensionable
emoluments, or his commuted pension gratuity, if
any, whichever is the greater.
(b) For the purposes of this subsection-

(i) annual pensionable emolu-
ments means the emoluments
which would be taken for the
purpose of computing any
pension or gratuity granted to
the teacher if he had retired at
the date of his death in the
circumstances described in ni ra-
graph (c) of scetiol 59:

(ii) commuted pension gratuity "
means the gratuity, if any,
which might have been granted
to a teacher under section 75
if his teaching service had been
wholly in the Presidency and
if he had retired a; the date of
his death in the circumstances
described in paragraph (c) of
section 59 and had elected to
receive a (ratuitv and reduced
pension ;
(iii) a teacher who dies while in the
teaching service of the Presi-
dency before he has elected to
receive a gratuity and reduced
pension shall be deemed to
have retired at the date of his
death in the circumstances
described i' paragranph (c) of
section 59, and, if it he to the
advantage of his legal personal








No. I 1 of 1955.


Edai./n. 31 VIRGIN
ISLANDS.
Prtistl.,Il:diQ t 10 flaVe &ecctcd
(to recei ve a grtatuity and
reduced piensioni on tihe day
pree,'dirn, the date of his death.


(2) Where any .uwh teacher to whom a pan-
sion, gratuity or other Iliowaniice has been granted
under this Ordinancei dies after retirement from
the teaching' service of the Presidency, and the
sums pa:id or pavyahl. to him it his (death on account
of 'inv pension, grraMtIity or other allow:ince in
respeer of any teaching service are less than the
amount of the annual pensionafl1le omoliunents
enjoyed by hhn at the date of his retirement, it
shall be lawful for the Governor to grant to his
legal personal representative a gratuity equal to
the deficiency.

(3) Notwithstanding the provisions con-
tained in subsections (1) and (2) o' this section
the Governor may in any case where the amount
of the gratuity payable lhereunder does not
exceed the surn of four hundred and eighty
dollars, dispense with the production of probate
or letters of administration and cause the gratuity
to be paid to the d'ependant or defendants of the
teacher and. where there is more than one such
dependent. may divide the gratuity among the
defendants in such proportion as he may think
fit.


77. (1) This section shall apply to a
teacher who while in the teaching service of the
Presidency either-

(a) is permanently injured in the actual
discharge of his duty by some injury
specifically attributable to the nature of his
duty which is not wholly or mainly due to,
or seriously aggravated by, his own serious
and culpable negligence or misconduct; or

(b) contracts a disease to which he is
specifically rxio--.'d by the nature of his
duty, not heing a disease wholly or mainly
due tlo, or seriously aggravated by, his
own serious and culpable negligence or
misconduct.


Teachers
retiring on
account of
injuries
received or
disease con-
tracted in the
dlischarge of
t heir duties.







VIRGIN 32 Education. No. 11 of 1955.
(2) In this section, iinless the conti'ry in-
tention appears, references (.t a teacher being
injured and to the date on which an injury is
sustained shall respectively be construed as in-
cluding references to himu contracting such a disease
as is mentioned in subsection (1) of this section
and to the date on which such disease is contracted.
(3) Where a teacher to whom this section
applies is holding a pensionable office in which he
has been confirmed-
(a) he may, if his retirement is necessi-
tated or materially accelerated by his injury
and he has been in the teaching service for
less than ten years be granted, in lieu of any
gratuity under section 57, a pension under
section 58, as if the words for ten years or
more" were omitted from the said section 56;
(b) he may be granted on retirement an
additional pension at the annual rate of the
proportion 'of his actual pensionable emolu-
ments at the date of his injury appropriate to
his case as shown in the following table:-
When his capacity to contribute to
his own support is-
slightly impaired ... five-sixtieths,
impaired ... ten-sixtieths,
materially impaired ... fifteen-
sixtieths,
totally destroyed ... twenty-
sixtieths:
Provided that the amount of the
additional pension may be reduced to
such an extent as the Governor shall
think reasonable where the injury is. not
the cause or the sole cause of retirement.
(4) Where a teacher to whom this section
applies is not holding a pensionable office, or is
holding a pensionable office in which he has not
been confirmed, he may ba granted on retirement
a pension of the same amount as the additional
pension which might be granted to him under
subsection (3) of this section if his office were a







No. 11 of 1955. Eduwation 33 VIRGIN
ISLANDS.
pensionablr ofwi,, ; al hI !i;i, be!: confirmed
tlereini
(5) If, for the purpose of assessing the
amount of any additional pension or pension to be
granted under paragraph (b) of subsection (3) or
under subsection (4) of this section to any teacher
to whom this section applies, the degree of
permanent im pairment of his capacity to contribute
to his support is in doubt, lie may be granted a
provisional award to have effect until such time as
the degree of permanent impairment can be
determined.
(6) If a teacher proceeding by a route
approved by the Governor to or from the Presi-
dency at the commencement or termination of his
teaching service therein, or of a period of leave
therefrom is permanently injured as the result of
damage to the vessel, aircraft or vehicle in which
he is travelling, or of any act of violence directed
against such vessel, aircraft or vehicle, and the
Governor is satisfied that such damage or act is
attributable to circunimtances arising out of any
war in wi.ich Her Ma;jesty may be engaged, such
teacher shal! be deemed for the purposes of this
section to have been injured in the circumstances
described in subsection (1) of this section.
(7) A teacher who is permanently injured
while travelling by :air in pursuance of official
instructions, and whose injury is not wholly or
mainly due to, or seriously aggravated by, his own
serious and culpable negligence or misconduct,
shall be deemed for the purposes of this section to
have been injured in the circumstances described
in subsection (1) of this section:
Provided that in such a case the rates of
pension prescribed in subsection (3) of this section
shall be seven and a half sixtieths; fifteen sixtieths;
twenty two and a half sixtieths and thirty six-
tieths respectively.
(8) Neither paragraph (b) of subsection (3)
nor subsection (4) of this section shill, apply in
the case of a teacher selected for appointment to
the teaching service of the Presidency on or after








VIRGIN
ISLANDS.



11/1937.


341 '. ,catio. No. 11 of 1955.

the coming into forem of this Ordinance who, in
consequence-of his injury, is entitled to compensa-
tion under the Workmen's compensationn Act,
1937 or any Act amending or replacing that Act.

(9) Neither subsection (3) nor subsection (4)
of this section shall apply in the case of a teacher
who in consequence of his injury is entitled under
the Colonial Superannuation Scheme to benefits
corresponding to the benefits granted under those
subsections.

(10) (a) Where the Governor is satisfied that
damages have been or will be recovered by a
teacher in respect of an injury for which an
additional pension or pension may he granted
under paragraph (b) of subsection (3) or under
subsection (4) of this section, the Governor may
take those damages into account against such
additional pension or pension in such manner and
to such extent as he may think fit and may with-
hold or reduce the additional pension or pension
accordingly.

(b) For the purpose of this subsection a
teacher shall be deemYed to recover damages
whether they are paid in pursuance of a judgment
or order of the court or by way of settlement or
compromise of his claim and whether or not pro-
ceedings are instituted to enforce that claim.

7S. (1) Where a teacher dies --

(a) in the actual discharge of his duty
by some injury specifically attributable to the
nature of his duty which is not wholly or
mainly due to, or seriously aggravated by,
his own serious and culpable negligence or
misconduct; or
(b) as a result of contracting a disease
to which he is specifically exposed by the
nature of his duty, not being a disease
wholly or mainly due to, or seriously
aggravated by, his own serious and culpable
negligence or misconduct,
while in the teaching service of the Presidency,
and such death occurs within seven years of the


Pensions to
dependants
when a teaclh-
er dies as a
result of in-
juries received
or diseases
contracted in
the discharge
of his duties.







No. 11 of 1955. Education. 35 VIRGIN
ISLANDS.
date or the injury or contracting the disease,
it shall be lawful for the Governor to grant
in addition to the grant, if any, made to his
legal personal representative under section
76-
(i) if the deceased teacher leaves a
widow, a pension to her, while
unmarried at a rate not exceeding
ten sixtieths of his annual pension-
able emoluments at the date of
the injury or ninety six dollars a
year, whichever is the greater;

(ii) if the deceased teacher leaves a
widow to whom a pension is
granted under the preceding para-
graph and a child or children, a
pension in respect of each child,
until such child attains the age of
nineteen years, of an amount not
exceeding one eighth of the pen-
sion prescribed under the preced-
ing paragraph;

(iii) if the deceased teacher leaves a
child or children but does not
leave a widow, or no pension is
granted to the widow, a pension in
respect of each child, until such
child attains the age of nineteen
years, of double the amount pre-
scribed by the preceding para-
graph;

(iv) if the deceased teacher leaves a
child or children and a widow to
whom a pension is granted under
paragraph (i) of this subsection,
and the widow subsequently dies,
a pension in respect of each child
as from the date of the death of
the widow until such child attains
the age of nineteen years, or
double i,he amount prescribed in
paragraph (ii) of this subsection;







VIRGIN 36 Education. No. 11 of 1955.
ISLANDa.
(v) if the deceased tIacher does n ot
leave a widow, or if no pension is
granted to his widow, and if his
mother was wholly or mainly
dependent on him for her support,
a pension to the mother, while
without adequate means of support,
of an amount not exceeding the
pension which might have been
granted to his widow;
(vi) if the deceased teacher does not
leave a widow or mother, or if no
pension is granted to his widow or
mother, and if his father was
wholly or mainly dependent on
him for his support, a pension to
the father while without adequate
means of support, or an amount
not exceeding the pension which
might have been granted to his
widow;
(vii) if the deceased teacher does not
leave a child or children who is or
are eligible for a pension under
the provisions of this section, and
if his brother or sister was wholly
or mainly dependent on him for
support, a pension to any brother
or sister while without adequate
means of support, of an amount
not exceeding the pension which
might have been granted under
paragraphs (ii) and (iii) of this
subsection:
Provided that-
(a) if in the opinion of the Governor
there are compassionate grounds for so
doing, he may grant to any child of a
deceased teacher being a child who at the
date of the death of the teacher was wholly
or mainly dependent on him for support
and who ihad atttinied the age of nineteen
years a pension for such period as the
Governor may determine, of an amount not







No. 11 f 1 955. Education. 37 VIRGIB
,. ,IsuNs.
exceeding the pv'.on uich may be
granted under paragraph (ii) of this sub-
section:
(b) where a deceased teacher leaves a
child who was incapacited at the time of
the teacher's death (hereinafter in this
section referred to as an "incapacitated
child ") the Governor may, notwithstanding
any pension which may have been granted
under paragraph (ii) of this subsection,
grant an additional pension in respect of
such incapacitated child after he has
attained the age of nineteen years and so
long as his incapacity shall continue, of an
amount not exceeding one-half of the
pension which may be granted under para-
graph (ii) aforesaid:
(c) where compensation in respect of
the death is payable under the Workmen's
Compensation Act, 1937, or any Act amend-
ing or replacing the same, the Governor
may reduce the pension which may be pay-
able under this section to such extent as he
may consider reasonable;
(d) pension shall be payable under this
subsection at any time in respect of more
than six children exclusive of incapacitated
children;
(e' in the case of a pension granted
under paragraph (v) of this subsection, if
the mother is a widow at the time of the
grant of the pension and subsequently re-
marries such pension shall cease as from
the date of remarriage; and if it appears to
the Secretary of State at any time that the
mother is adequately provided with other
me.tas of support, such pension shall cease
as fr'on such date as the Secretary of State
may detenr ine;
(/) a pl'nsion granted to a Female child
under thiV sectioln shlll cease upon the
marriage or such child under lthel age of
nineteen years.







VIRGIN 38 Education. No. 11 of 1955.
(2) In the case of a teacher not holding a
pensionable office, the expression pensionable
emoluments in subsection (1) of this section
shall mean the emoluments enjoyed by him
which would have been pensionable emoluments
if the office held by him had been a pensionable
office.
(3) If a teacher proceeding by a route
approved by the Governor to or from the Presi-
dency at the commencement or termination of his'
service in the Presidency, or of a period of leave
therefrom dies as the result of damage to the
vessel, aircraft or vehicle in which he is travelling,
or of any act of v\ioleice directed against such
vessel, aircraft or vehicle, and the Governor is
satisfied that. such da(iage or cnt is attributable to
circumnsctan(es arising( out of war in which Her
.Majesty may be engaged, such teacher shall be
deemed, for the purposes of this section, to have
died in the circumstances described in paragraph (a)
of subsection (1) of this section.

(4) A teacher who dies as a result of an
injury received while travelling by air in pursu-
ance of official instructions, which injury is not
wholly or mainly due to or seriously aggravated
by, his own serious and culpable negligence or
misconduct, shall be denied for the purposes of
this section to have died in the circumstances
described in paragraph (a) of subsection (1) of
this section:
Provided that in such a case the rates of pen-
sion prescribed in paragraphs (i) and (ii) of sub-
section (1) of this section shall be fifteen sixtieths
and one sixth respectively.

(5) (a) Where the Governor is satisfied that
damages have been or will be recovered in respect of
the death for which an additional pension or
pension may be granted under subsection (1) of this
section, the Governor may take these damages
into account against such additional pension or
pension iin surlch iannllr and to such extent as he
may think lit and may withhold or reduce
the additional puciiion or pension accordingly.







No. 11 of 1955. Education. 39 VIRGIN
ISLANDS.
(b) For the purpose of this subsection a
teacher shall be deemed to recover damages
whether they are paid in pursuance of a judgment
or order of the court or by way of settlement or
compromise of his claim and whether or not pro-
ceedings are instituted to enforce that claim.
(6) For the purposes of this section-
(a) the word "child shall include-
(i) a posthumous child;
(ii) a stepchild or illegitimate
child Iorn before the date
of the injury or contract-
ing the disease, as the case
may be, and wholly or
mainly dependent upon
the deceased teacher for
support; and
(iii) an adopted child, adopted in
a manner recognized by
law, before the date of the
injury or contracting the
disease, as the case may
be, and dependent as afore-
said;
(b) the expression incapacitated"
means, in relation to a child, incapable by
reason of some specific bodily or mental
disability of earning his own living, and a
child who is in any event too young to earn
his own living shall be treated as incapacita-
ted for the purposes of this section if it
appears that, by reason of any specific
bodily or mental disability, he will be in-
capable of earning his own living when he
attains the age at which he would otherwise
be capable of doing so.
PART VII.
SECONDARY EDUCATION.
79. Government Secondary schools may Establish-
be established and maintained in accordance with ment of
Go ormnment
Regulations made under section 9. Secondary
Schools.







VrRGIN 40 Edwatin. N 1. 11 of 1., 5.
ISLA NDS.
Snoondira 80. Secondary schlouo tenchliers ,1;i1l be
8s".1,, public officers in the service of the residencyy.
teachers.

PART VIII.
GENERAL.
Assisted pri- 81. Notwithstanding anything contained
mary school in this Ordinance no teacher or pupil teacher
teachers not
public officers. employed in teaching service shall he deemed to
be a public officer in the service of the Presidency.
Application of 82. The provisions of this Ordinance, other
Ordinance. than the provisions relating to Secondary Schools,
shall apply-
(a) to every teacher first appointed to
a Government primary school or assisted
primary school after the commencement of
of this Ordinance;
(b) to every person who before the
commencement of this Ordinance was
employed in a Government school or a
public elementary school within the mean-
ing of the Denominational School Teachers
1/1931. Pension Ordinance, 1931 as amended, and
who on or after the commencement of this
Ordinance is appointed as a teacher under
this Ordinance.

Repeal. 83. The Ordinances set out in the
Schedule to this Ordinance are hereby repealed.

Commence- 84. This Ordinance shall come into
ment. operation on such day as the Governor may
appoint by proclamation published in the Gazette.

I. A. C. HOWARD,
President.

Passed the Legislative Council this 19th day
of December, 1955.

H. O. CREQUE,
Clerk of the Council.








No. 11 of 1955.


Education.


SCHEDULE


41 VRGITN
ISLANDS.

Section 78.


No. of Ordinance I


Short title.


The Denominational School Teachers
Ordinance, 1931


Pension


The Denominational School Teachers Pension
(Amendment) Ordinance, 1934

The Ienominational School Teachers Pension
(Amendment) Ordinance, 1948

The Denominational School Teachers Pension
(Amendment) Ordinance, 1949.


ANTPTGUA.
Printed at the Government Printing Office. Leeward Islands.
by EARL PIOOTT, Acting Government Printer.-By Authority.
1956.
[Price 50 cents]

47/00293-720-4.56.


1/1931


1/1934


1/1948


2/1949


~_




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