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 Main
 Ordinance no. 11 of 1955: Factories...
 Ordinance no. 16 of 1955: Education...
 Ordinance no. 17 of 1955: Registration...
 Ordinance no. 19 of 1955: Slaughter...
 Ordinance no. 21 of 1955: Workmen's...
 Ordinance no. 22 of 1955: Supplementary...
 Ordinance no. 4 of 1956: Transfer...
 Ordinance no. 5 of 1956: Sombrero...
 Ordinance no. 11 of 1956: Interpretation...
 Ordinance no. 12 of 1956: Crown...
 Ordinance no. 13 of 1956: Laws...
 Ordinance no. 14 of 1956: Prison...
 Ordinance no. 15 of 1956: Preservation...
 Ordinance no. 16 of 1956: General...
 Statutory Rules and Orders 1955,...
 Statutory Rules and Orders 1955,...
 Statutory Rules and Orders 1955,...
 Statutory Rules and Orders 1956,...
 Statutory Rules and Orders 1956,...














Group Title: Official gazette, St. Christopher, Nevis, and Anguilla
Title: Official gazette
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Full Citation
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Permanent Link: http://ufdc.ufl.edu/UF00082876/00098
 Material Information
Title: Official gazette
Series Title: Official gazette
Physical Description: v. : ; 33 cm.
Language: English
Creator: Saint Kitts-Nevis-Anguilla
Publisher: The Authority
Place of Publication: Basseterre
Publication Date: June 9, 1956
Frequency: completely irregular
 Subjects
Subject: Politics and government -- Saint Kitts and Nevis   ( lcsh )
Politics and government -- Anguilla   ( lcsh )
Genre: periodical   ( marcgt )
Spatial Coverage: Saint Kitts-Nevis
Anguilla
 Notes
Statement of Responsibility: published by Authority.
Dates or Sequential Designation: -v. 76, no. 4 (15th Jan. 1981).
Numbering Peculiarities: Includes extraordinary issues.
General Note: Masthead title: St. Christopher Nevis and Anguilla. Official gazette.
 Record Information
Bibliographic ID: UF00082876
Volume ID: VID00098
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 08247893
 Related Items
Preceded by: Official gazette
Succeeded by: Official gazette

Table of Contents
    Main
        Page 41
        Page 42
    Ordinance no. 11 of 1955: Factories Ordinance, 1955
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
        Page A-9
        Page A-10
        Page A-11
        Page A-12
        Page A-13
        Page A-14
        Page A-15
        Page A-16
        Page A-17
        Page A-18
        Page A-19
        Page A-20
        Page A-21
        Page A-22
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        Page A-24
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        Page A-27
        Page A-28
        Page A-29
        Page A-30
        Page A-31
        Page A-32
        Page A-33
        Page A-34
    Ordinance no. 16 of 1955: Education Ordinance, 1955
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
        Page B-10
        Page B-11
        Page B-12
        Page B-13
        Page B-14
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        Page B-19
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        Page B-21
        Page B-22
        Page B-23
        Page B-24
        Page B-25
        Page B-26
    Ordinance no. 17 of 1955: Registration (Amendment) Ordinance, 1955
        Page C-1
        Page C-2
        Page C-3
        Page C-4
        Page C-5
        Page C-6
        Page C-7
        Page C-8
    Ordinance no. 19 of 1955: Slaughter and Exportation of Livestock and Poultry (Prohibition) Ordinance, 1955
        Page C-9
        Page C-10
        Page C-11
        Page C-12
        Page C-13
        Page C-14
    Ordinance no. 21 of 1955: Workmen's Compensation Ordinance, 1955
        Page D-1
        Page D-2
        Page D-3
        Page D-4
        Page D-5
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        Page D-41
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        Page D-48
        Page D-49
        Page D-50
        Page D-51
        Page D-52
        Page D-53
        Page D-54
    Ordinance no. 22 of 1955: Supplementary Appropriation (1954) Ordinance, 1955
        Page E-1
        Page E-2
    Ordinance no. 4 of 1956: Transfer of Sombrero (General Legislature Competency) Ordinance, 1956
        Page E-3
        Page E-4
    Ordinance no. 5 of 1956: Sombrero Laws Ordinance, 1956
        Page E-5
        Page E-6
    Ordinance no. 11 of 1956: Interpretation of Laws (Repeal) Ordinance, 1956
        Page E-7
        Page E-8
    Ordinance no. 12 of 1956: Crown Proceedings (Amendment) Ordinance, 1956
        Page E-9
        Page E-10
        Page E-11
        Page E-12
        Page E-13
        Page E-14
    Ordinance no. 13 of 1956: Laws and Public Offices (Change of Terms) Ordinance, 1956
        Page E-15
        Page E-16
    Ordinance no. 14 of 1956: Prison (Amendment) Ordinance, 1956
        Page E-17
        Page E-18
    Ordinance no. 15 of 1956: Preservation of Ordinances (Repeal) Ordinance, 1956
        Page E-19
        Page E-20
    Ordinance no. 16 of 1956: General Legislature Competency (General Repeal and Revocation of Declarations) Ordinance, 1956
        Page E-21
        Page E-22
        Page E-23
        Page E-24
    Statutory Rules and Orders 1955, no. 12: Airport Regulations, 1955
        Page E-25
        Page E-26
        Page E-27
        Page E-28
        Page E-29
        Page E-30
        Page E-31
        Page E-32
    Statutory Rules and Orders 1955, no. 14: Refund of Customs Duty
        Page E-33
        Page E-34
    Statutory Rules and Orders 1955, no. 16: Midwives Fees (Amendment) Rules, 1955
        Page E-35
        Page E-36
    Statutory Rules and Orders 1956, no. 12: Income Tax (Double Taxation Relief) (Denmark) Order, 1956
        Page F-1
        Page F-2
        Page F-3
        Page F-4
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    Statutory Rules and Orders 1956, no. 13: Income Tax (Double Taxation Relief) (Norway) Order, 1956
        Page G-1
        Page G-2
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        Page G-18
Full Text





ST. CIHRISTOPHER NEVIS 9ND

OPfIfCIL GAZETT &

(EXTRAOR A O R D1 N, R 'Y
Published by Authority.

VOL. LI. SATURDAY, JUNE 9TH l156, No. 23.


Administrator's Office,
St. Kitts Nevis Anguilla,
9th June, 1956.
The following Ordinances are circulated with this issue of
the Gazette and form part thereof:-


No. 11 of 1955.


No.

No.

No.


16 of

17 of

19 of


1955.

1955.

1955.


No. 21 of 1955.

No. 22 of 1955.

No. 4 of 1956.

No. 5 of 1956.

No. 11 of 1956.

No. 12 of 1956.

No. 13 of 1956.

No. 14 of 1956.


X
3,2-S 2, =2 12/


The Factories Ordinance, 1955.

The Education Ordinance, 1955.

The Registration (Amendment) Ordinance,
1955.
The Slaughter and Exportation of Livestock
and Poultry (Prohibition) Ordinance,
1955.

The Workmen's Compensation Ordinance,
1955.

The Supplementary Appropriation (1954) Or-
dinance, 1955.

The Transfer of Sombrero (General Legislature
Competency) Ordinance, 1956.

The Sombrero Laws Ordinance, 1956.
The Interpretation of Laws (Repeal) Ordin-
ance, 1956.
The Crown Proceedings (Amendment) Ordin-
ance, 1956.
The Laws and Public Offices (Change of
Terms) Ordinance, 1956.

The Prison (Amendment) Ordinance, 1956.






OFFICIAL GAZETTE, THURSDAY JUNE, 9TH 1956.


No. 15 of 1956.


No. 16 of 1956.


The Preservation of Ordinances (Repeal) Or-
dinance, 1956.

The General Legislature Competency (General
Repeal and Revocation of Declarations)
Ordinance, 1956.


The following Statutory Rules and Orders are published
with this issue of the Gazette and form part thereof :-


No. 12 of 1955.

No. 14 of 1955.

No. 16 of 1955.


No. 12 of 1956.


No. 13 of 1956.


The Airport Regulations, 1955.

Refund of Customs Duty.

The Midwives Fees (Amendment) Rules,
1955.

The Income Tax (Double Taxation Relief)
(Denmark) Order, 1956.

The IncomeTax (Double Taxation Relief)
(Norway) Order, 1956.


Printed for the Government of St. Christopher and Nevis by A. M. LOSADA, Ltd. Printers
by Authority,'The St. Kitts Printery',' Fort & Central Streete, Basseterre, St. Kitts, B.W.I







THE FACTORIES ORDINANCE
1955

No. 11 of 1955

ARRANGEMENT OF SECTIONS

Preliminary

1. Short Title
2. Meaning of "factory"
3. Interpretation
Part I

APPLICATION OF ORDINANCE

4. General application
5. Application to factories belonging to Government
6. Application of Specific Provisions
7. Responsibility where part of building is separate factory

Part II

HEALTH, SAFETY AND WELFARE

8. Health
9. Safety
10. Welfare
11. Special Protective Measures

Part III

MISCELLANEOUS

12. Notice of occupation of factory, and use of mechanical power
13. Notices, Records etc.
14. Protection of Outworkers
15. Duties of persons employed
16. Prohibition of deductions from wages

Part IV

ADMINISTRATION

17. Appointment of Inspector and other officers
18. Powers of Inspector
19. Certificate of appointment of Inspector








20. Duty to furnish means for Inspector
21. Penalty for disclosure of trade secrets
22. Issue and revocation of certificates
23. Provisions as to Regulations and Orders made under this
Ordinance

Part V

OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

24. Offences
25. Provisions regarding continuing offences
26. Fines for offences for which no express penalty provided
27. Power of court to order cause of contravention to be remedied
28. Fines in case of death or injury
29 Fine for offence by parent
30. Forgery of certificates, false entries, and false declarations
31. Penalty for persons actually committing offence for which
occupier is liable
32. Penalty for obstruction, etc.
33. Power of occupier or owner to exempt himself from liability
on conviction of the actual offender
34. Proceedings against persons other than occupiers or owners
35. Owner of machine liable in certain cases instead of occupier
36. Prosecution of offences and recovery and application of fines
37. Special provisions as to evidence
38. Service and sending of documents, etc.
39. Certificates of birth
40. Power of court to modify agreements
41. Power of court to apportion expenses
42. Revocation of declaration and repeal 3/1947.
43. Commencement and Saving

FIRST SCHEDULE Interpretation of expression
"factory"

SECOND SCHEDULE-Particulars to be submitted by
occupier, or intending occupier of a factory.







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


LI Assent,
P. D. MACDONALD,
Governor's Deputy.
7th June, 1955.

Saint Christopher Nevis and Anguilla.

No. 11 of 1955.

An Ordinance to provide for the regulation of
the conditions of employment in factories
and other places as regards the health,
safety and welfare of persons employed
therein, for the safety and inspection of
certain plant and machinery, and for pur-
poses incidental to, or connected with the
matters aforesaid.

ENACTED by the Legislature of Saint Chris-
topher Nevis and Anguilla as follows:-
PRELIMINARY

1, This Ordinance may be cited as the Short Title.
Factories Ordinance, 1955.

2. "Factory" in this Ordinance means any Meaning of
premises included in the First Schedule to this "factory".
Ordinance.

3. (1) In this Ordinance and in any Regula- Interpretation.
tions or Orders made thereunder, unless the context
otherwise requires, the following expressions have
the meanings hereby assigned to them respectively,
that is to say :-
"air receiver means -

(a) any vessel (other than a pipe or coil, or
an accessory, fitting or part of a com-
pressor) for containing compressed air
and connected with an air compressing
plant, or








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(b) any fixed vessel for containing com-
pressed air or compressed exhaust gases
and used for the purpose of starting an
internal combustion engine, or

(c) any fixed or portable vessel (not being
part of a spraying pistol) used for the
purpose of spraying by means of com-
pressed air any paint, varnish, lacquer
or similar material, or

(d) any vessel in which oil is stored and
from which it is forced by compressed
air;

"bodily injury" includes injury to health;

"building operation" means the construction,
structural alteration, repair or maintenance
of a building (including re-pointing, re-
decoration and external cleaning of the
structure) the demolition of a building, and
the preparation for, and laying the founda-
tion of, an intended building, but does not
include any operation which is a work of
engineering construction within the mean-
ing of this Ordinance;

"class or description", in relation to factories,
includes a group of factories described by
reference to locality;

"contravention" includes in relation to any
provision a failure to comply with the pro-
vision and the expression "contravene"
shall be construed accordingly ;

"driving-belt" includes any driving strap or
rope ;

"fume" includes gas or vapour;

"harbour" includes harbours properly so called,
whether natural or artificial, piers, jetties
and other works in or at which ships can
obtain shelter, or ship or unship goods or
passengers;








No 11 of 1965. The.Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


"inspector" means the Factory Inspector
appointed under this Ordinance;

"machinery" includes any driving-belt;

"maintained" means maintained in an efficient
state, in efficient working order, and in
go d repair;

"mine" includes any place, excavation or
working whereon, wherein, or whereby any
operation in connection with mining is
carried on, but does not include a quarry;

"owner" means the person for the time being
receiving the rents or profits of the premises
in connection with which the word is used,
whether on his own account or as agent
or trustee for any other person, or who
would so receive the same if the premises
were let;

"parent" means a parent or guardian of, or
person having the legal custody of, or the
control over a child or young person, and
includes in relation to any child or young
person, any parson having direct benefit
from his wages;

"prescribed" means prescribed by Regulations
under this Ordinance or by order of the
Governor in Council;

"prime mover" means every engine, motor or
other appliance which provides mechanical
energy derived from steam, water, wind, elec-
tricity, the combustion of fuel or other
source;

"process" includes the use of any locomotive;

"quarry" means any excavation for the purpose
of mining stone, slate, granite or other igne-
ous or metamorphic rocks, quartz, marble,
flint, chalk, gravel, sand, clay or gypsum,
together with all buildings, erections, plant,
machinery, railways, appliances, stores,








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


waste heaps and dumps belonging or apper-
taining thereto;

"railway" means any railway used for the
carriage of passengers or goods and includes
any works of the railway company connect-
ed with the railway;

"salt works" means any works in which the
extraction of salt from brine is carried on or
in which salt is produced by refining rock
salt by its dissolution at the place of deposit
or otherwise;

"sanitary conveniences" includes urinals,
water-closets, earthclosets, privies, ashpits,
and any similar convenience;

"steam boiler" means any closed vessel in
which for any purpose steam is generated
under pressure greater than atmospheric
pressure and includes any economiser used
to heat water being fed to any such vessel,
and any superheater used for heating steam ;

"steam container" means any vessel (other than
a steam pipe or coil) constructed with a per-
manent outlet into the atmosphere or into a
space where the pressure does not exceed
atmospheric pressure, and through which
steam is passed at atmospheric pressure, or
at approximately that pressure, for the pur-
pose of heating, boiling, drying, evaporating
or other similar purpose;

"steam receiver" means any vessel or appara-
tus (other than a steam boiler, steam contain-
er, a steam pipe or coil, or a part of a prime
mover) used for containing steam under pres-
sure greater than atmospheric pressure ;

"stone" includes all kinds of limestone, sand-
stone, calcareous sandstone or basalt;

"tenement factory" means any premises where
mechanical power from any prime mover
within the close or curtilage of the premises








No 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


is distributed for use in manufacturing pro-
cesses to different parts of the same premises
occupied by different persons in such manner
that those parts constitute in law separate
factories ;
"transmission machinery" means every shaft,
wheel, drum, pulley, system of fast and loose
pulleys, coupling, clutch, driving-belt or
other device by which the motion of a prime
mover is transmitted to or received by any
machine or appliance;
"woman" means a woman who has attained the
age of eighteen ;
"work of engineering construction" means the
construction of any railway line or siding
otherwise than upon an existing railway, and
the construction, structural alteration or re-
pair (including re-pointing and re-painting)
or the demolition of any dock, harbour,
bridge, viaduct, waterworks, reservoir, pipe-
line, aqueduct, sewer, sewage works, or gas-
holder, except where carried on upon a
railway and shall include such other works
as may be specified by regulations made
by the Governor in Council;
"young person" means a person who has at-
tained the age of fourteen and has not at-
tained the age of eighteen.

(2) A woman, young person, or child who
works in a factory, whether for wages or not, either
in a process or in cleaning any part of the factory
used for any process, or in cleaning or oiling any
part of the machinery or plant, or in any other
kind of work whatsoever incidental to or connect-
ed with the process, or connected with the article
made or otherwise the subject of the process there-
in, shall, save as is otherwise provided by this
Ordinance, be deemed to be employed therein for
the purposes of this Ordinance or of any proceed-
ings thereunder.
(3) A young person who works in a factory,
whether for wages or not, in collecting, carrying or
delivering goods, carrying messages or running








No. 11 of 1955.


General appli-
cation.




Application to
factories be-
longing to
Government.


Application of
Specific
Provisions.


The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


errands shall be deemed to be employed in the
factory for the purposes of this Ordinance or of
any proceedings thereunder.

(4) For the purposes of this Ordinance, an
apprentice shall be demed to be a person em-
ployed.
Part I
APPLICATION OF ORDINANCE

4. Save as in this Ordinance otherwise express-
ly provided, the provisions of this Ordinance shall
apply only to factories as defined by this Ordi-
nance, but shall, except where the contrary inten-
tion appears, apply to all such factories.

5. (1) This Ordinance shall apply to factories
belonging to or in the occupation of Her Majesty's
Government in the United Kingdom or the Gov-
ernment of the Presidency and to building opera-
tions and works of engineering construction under-
taken by or on behalf of Her Majesty's Govern-
ment in the United Kingdom or the Government of
the Presidency ; but in the case of any public
emergency the Governor may, by order, to the
extent and during the period named in the order
exempt from this Ordinance any factory belong-
ing to Her Majesty's Government in the United
Kingdom or the Government of the Presidency or
any building operations or works of engineering
construction undertaken by or on behalf of Her
Majesty's Government in the United Kingdom or
the Government of the Presidency or any factory
in respect of work which is being done on behalf
of Her Majesty's Government in the United Kin g-
dom or the Government of the Presidency.

(2) In this section-
"Her Majesty's Government in the United
Kingdom" includes any department thereof;
and "Government of the Presidency" in-
cludes any department thereof.

6. The Governor-in-Council may by order de-
clare that the provisions of certain sections of this
Ordinance shall be applicable to tenement facto-








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


ries, electrical stations, premises in which steam
boilers are used, premises in which hoists and lifts
are used, institutions, docks, whdrves, quays (includ-
ing any warehouses in connection with same) and
other warehouses, ships on which work is being
carried out in harbour or wet dock, building opera-
tions, works of engineering construction.

7. Where a part of a building is let off as a Responsibility
separate factory the Governor-in-Council may by buiihpat of
order declare which sections of the Ordinance are separate
to be the responsibility of the owner of the build- factory.
ing and which the responsibility of the occupier of
the factory.

Part II

HEALTH, SAFETY AND WELFARE

8. (1) The occupier of every factory shall Health.
(a) keep the factory in a clean state;

(b) not permit the factory to be overcrowded;

(c) maintain a reasonable temperature in the
factory;

(d) secure adequate ventilation in the factory ;

(e) provide suitable and sufficient lighting
therein ;

(f) provide effective means for draining floors;

(g) provide suitable and sufficient sanitary
conveniences for the use of the persons
employed in the factory.

(2) The Governor-in-Council may make regu-
lations prescribing the standards to be achieved in
respect to any of the above obligations and the
methods of attaining them.

(3) (a) The Governor-in-Council may make
orders prohibiting the employment of
any young person in a factory after a
prescribed period of time, being not








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopner
Nevis and Anguilla.


less than 7 days, unless he has been
examined by a duly qualified medical
practitioner and certified by him to be
fit for that employment.

(b) Such orders may apply to all factories
or to such prescribed classes or descrip-
tions of factories and to all young per-
sons or to prescribed classes and des-
criptions of young persons.

(c) Such orders may also prescribe the con-
ditions and procedure under which cer-
tificates are to be issued.

(4) The Governor-in-Council may make regu-
lations requiring arrangements to be made for
medical supervision in any factory.

Safety. 9. (1) For the purpose of securing the safety
of persons employed in or performing any duty in
a factory the following provisions shall apply to
every factory :-

(a) There shall so far as is reasonably practi-
cable be provided and maintained safe
means of access to every place at which
any person has at any time to work.

(b) Adequate measures shall be taken for the
prevention offire in every factory and the
provision of adequate means of escape in
case of fire for the persons employed
therein.

(c) Where in any factory explosive or inflam-
mable dust, gas, vapour or substance are
present, precautions shall be taken in
order to reduce the risk of fire or explosion
to a minimum.

(d) All machinery used and every part thereof
which is in use in any factory shall be
made safe to all persons employed or
working in the factory. For this purpose
the word "machinery" shall be deemed to
include -







No 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(i) every machine and every part thereof ;
(ii) prime movers and every part thereof;
and
(iii) transmission machinery including
every shaft, wheel, drum, pulley, sys-
tem of fast and loose pulleys, driving-
belt or chain, couplings, clutch or other
device by which the motion of a prime
mover is transmitted to or received by
any machinery or appliance.

(e) Every steam boiler, steam container, steam
receiver, air receiver, gas holder or other
pressure vessel used in any factory shall
be operated and maintained in such a
manner as to be safe to persons employed
or working in the factory.

(f) All chains, ropes and lifting tackle, cranes
and other lifting machines, hoists and lifts
used in any factory shall be operated and
maintained in such a manner as to be safe
to persons employed in the factory.

(g) All floors, steps, stairs, passages and
gangways shall be of sound construction
and properly maintained and every part of
the ways, works, machinery or plant used
in the factory shall be used in such a con-
dition or so constructed, or so placed that it
can be used without risk of bodily injury.

(2) The Governor-in-Council may make Regu-
lations prescribing the standards to be achieved in
respect to any of the above obligations and the
methods of attaining them.

(3) If on complaint by an inspector a magis-
trate is satisfied that any part of the ways, works.
machinery or plant used ina factory is dangerous
or cannot be used without danger, or that any pro-
cess or work in a factory is carried on in such a
manner as to be dangerous the magistrate may by
order prohibit the use of the factory or part thereof
or of the machinery or plant either absolutely or
until the danger is remedied.








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(4) Where it appears to the Governor-in-Coun-
cil that, in view of the number and nature of acci-
dents occurring in any factory or class or descrip-
tion of factory, special provision ought to be made
at that factory, or at factories of that class or des-
cription to secure the safety of persons employed
therein, he may make regulations requiring the
occupier to make such provision by arrangements
for special supervision in regard to safety, investi-
gation of the circumstances and causes of acci-
dents, and otherwise as may be specified in the
regulations.

Welfare. 10. (1) The Governor-in-Council may make
regulations requiring such steps to be taken in con-
nection with securing the welfare of persons em-
ployed in any factory as may be specified in such
regulations. Such regulations -

(a) may be made for any particular factory, or
for factories of any class or description, or
for any class of persons employed in any
factory;

(b) may in particular require -

( i ) the provision of an adequate supply of
wholesome drinking water;

(ii) the provision of washing facilities;

(iii) the provision of accommodation for
clothing not worn during working hours
and for drying such clothing;

(iv) the provision for the use of employed
persons of suitable facilities for sitting
during the course of their employment ;

(v ) the provision and maintenance so as to
be readily accessible of a first-aid box,
or first-aid equipment;

(vi) the provision and maintenance of such
other arrangements as appear to him to
be necessary, including canteens, mess.
rooms, rest rooms, welfare supervision.








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(2) The Governor-in-Council may make Regu-
lations prescribing the standards to be achieved in
respect to the above regulations and the methods
of attaining them.

11. (1) The Governor-in-Council may make Special Pro-
regulations prescribing the measures to be taken tective
to protect the persons employed against the inhala- Measures.
tion of any dust, fumes or other impurities likely
to be injurious or offensive to persons employed.

(2) (a) No persons shall be permitted to par-
take of food or drink in any room
where any lead, arsenic or other pois-
onous substance is used.

(b) The Governor-in-Council may by order
prohibit the taking of meals in any
room where he is satisfied that it may
be undesirable or injurious to health to
take meals in such rooms.
(c) Suitable provision shall be made for
enabling persons employed in any
such room to take their meals else-
where in the factory.

(3) The Governor-in-Council may by order
specify any process which involves a special risk
of injury to the eyes and may require the provision
of suitable goggles or effective screens to protect
the eyes of the persons employed in that process.

(4) Where in any factory workers are em-
ployed in any process involving exposure to wet or
to any injurious or offensive substance the Gover-
nor-in-Council may by order require the provision
and maintenance of suitable protective clothing
and appliances, including where necessary, suit-
able gloves, footwear, goggles and head coverings
for the use of such workers.

(5) (a) No person shall use white phosphorus
in the manufacture of matches.
(b) For the purpose of this 'part of the
Ordinance the expression "white phos-
phorus" means the substance usually
known as white or yellow phosphorus.








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(6) The Governor-in-Council may make regu-
lations to secure the health and welfare of workers
employed in any factory in which atmospheric
humidity is artificially produced by steaming or
other means in connection with any textile pro-
cess.

(7) The Governor-in-Council may make regu-
lations prohibiting or restricting the carrying on of
work in any underground room, and may prescribe
the standards of construction, height, light, ventila-
tion, any hygienic conditions and the means of
escape in case of fire to be provided in any such
workroom in which work is permitted to be carried
on.

(8) In every laundry effective steps shall be
taken to regulate the temperature in every ironing
room and to carry away the steam in every wash-
house and all stoves for heating irons shall be so
separated from any ironing room or ironing table
so as to protect the workers from the heat thereof.

(9) The Governor-in-Council may make regu-
lations prescribing the maximum weights which
may be lifted, carried or moved by persons em-
ployed in factories; and any such regulation may
prescribe different weights in different circum-
stances, and may relate either to persons generally
or to any class of persons, or to persons employed
in any class or description of factory or in any pro.
cess.

(10) (a) Where the Governor-in-Council is sat-
isfied that any manufacture, machinery,
plant, equipment, appliance, process or
description of manual labour used in
factories is of such a nature as to cause
risk of bodily injury or be offensive to
the persons employed, or any class of
those persons he may, subject to the
provisions of this Ordinance, make
such special regulations as appear to
him to be reasonably practicable and
to meet the necessity of the case.
(b) Such Regulations may prohibit or
restrict the employment of all persons







No 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


or any class of persons in circumstances
specified in the regulations, may pro-
hibit, limit or control the use of any
material or process and may apply to
all factories or to any specific class or
description of such factories, may pro-
vide for exemption in prescribed cir-
cumstances and may impose obliga-
tions on owners of factories, employed
persons and other persons, as well as
on the occupiers of factories.

Part III

MISCELLANEOUS


12. Every person shall, not less than one
month before he begins to occupy, or to use prem-
ises as, a factory, serve on the Inspector a written
notice stating the particulars prescribed in the
Second Schedule to this Ordinance, and if he fails
to do so, he shall be guilty of an offence and liable
on conviction thereof to a fine not exceeding
twenty five dollars or ten dollars for each day since
the expiration of the month aforesaid, whichever is
the greater or to imprisonment for two months
or to both such penalties.

13. The Governor-in-Council may by regula-
tions require-

(a) such notices to be posted in any fac-
tory ;
(b) such registers and records to be kept;
(c) such returns of persons employed to
be submitted-
as may appear to him to be necessary.

14. The Governor-in-Council may make
regulations to facilitate the protection of persons
employed outside a factory by the occupier of the
factory in the business of the factory.

15. (1) No person employed in a factory or
in any other place to which any provisions of this


Notice of occu-
pation of fac-
tory, and use
of mechanical
power.


Notices, Re-
cords etc.


Protection of
Outworkers.



Duties of per-
son employed.








No. 11 of 1955.


Prohibition of
deductions from
wages.


Appointment of
Inspector and
other officers.


Powers of In-
spector.


The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


Ordinance apply shall wilfully interfere with or
misuse any means, appliance, convenience or other
thing provided in pursuance of this Ordinance for
securing the health, safety or welfare of the persons
employed in the factory or place, and where any
means or appliance for securing health or safety
is provided for the use of any such person under
this Ordinance, he shall use the means or appli-
ance.

(2) No person employed in a factory or in any
other place to which any provisions of this Ordi-
nance apply shall wilfully and without reasonable
cause do anything likely to endanger himself or
others.

16. The occupier of a factory shall not in respect
of anything to be done or provided by him in pur-
suance of this Ordinance, make any deduction from
the sum contracted to be paid by him to any per-
son employed or receive or allow any person in his
employment to receive any payment from any
such person.

Part IV

ADMINISTRATION

17. (1) The Factory Inspector shall be respon-
sible for the administration of this Ordinance,
except insofar as the Governor.in-Council may
impose certain duties on other Government officers.

(2) The Governor may appoint a Factory In-
spector, under whatever title he may from time to
time determine and with such duties as he may
from time to time assign, and such other officers as
he thinks necessary for the execution of this Ordi-
nance and may remove such Inspector and other
officers.

18. (1) An Inspector shall, for the purpose of
the execution of this Ordinance, have power to do
all or any of the following things, that is to say :-

(a) to enter, inspect and examine, by day or
by night, a factory, and every part there-







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


of, when he has reasonable cause to be-
lieve that any person is employed therein,
and to enter, inspect and examine by day,
any place which he has reasonable cause
to believe to be a factory and any part of
any building of which a factory forms
part and in which he has treasonable
cause to believe that explosive'orhighly
inflammable materials are stored or used;

(b) to take with him a police officer if he has
reasonable cause to apprehend any seri-
ous obstruction in the execution of his
duty;

(c) to require the production of the registers,
certificates, notices andidocuments, direc-
ed to be kept in pursuance of this Ordi-
nance and to inspect, 'examine and copy
any of them;

(d) to make such examination and inquiry
as may be necessary to ascertain whether
the provisions of this Ordinance are com-
plied with, so far as respects a factory
and any persons employed in a factory ;

(e) to require any person whom he finds in
a factory to give such information as it
is in his power to give as to who is the
occupier of the factory;

(f) to examine, either alone or in the pres-
ence of any other person, as he thinks fit,
with respect to matters under this Ordi-
nance, every person whom he finds in a
factory or whom he has reasonable cause
to believe to be or to have been within
the preceding three months employed in
a factory, and to require every such per-
son to be so examined and to sign a decla-
ration of the truth of the matters respect-
ing which he is so examined; so, however,
that no one shall be required under this
provision to answer any question or to
give any evidence tending to incriminate
himself;








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(g) in the case of an Inspector who is a duly
qualified medical practitioner, to carry out
such medical examinations as may be
necessary for the purposes of his duties
under this Ordinance;
(h) to exercise such other powers as may be
necessary for carrying this Ordinance
into effect.

(2) An Inspector if so authorised in writing
by the Labour Commissioner may, although he is
not a qualified legal practitioner prosecute, conduct
or defend in any legal proceedings arising under
this Ordinance or in the discharge of his duties as
the Inspector.
(3) Where an Inspector is of opinion that
the employment of any young person in a factory
or in any particular process or kind of work in a
factory is prejudicial to his health or the health
of other persons, he may serve written notice there-
of on the occupier of the factory requiring that the
employment of that young person in the factory or
in the process or kind of work, as the case may be,
be discontinued after the period named therein, not
being less than one nor more than seven days after
the service of the notice and the occupier shall not
continue after the period named in the notice to
employ that young person, unless, after the service
of the notice, the young person has been examined
by a duly qualified medical practitioner, and certi-
fied by him to be fit for employment in the factory
or in the process or kind of work as the case may
be.
(4) (a) An Inspector may take for analysis
samples of material used, or intended
to be used, in a factory, which he
thinks may prove on analysis tobe
likely to cause bodily injury to the
persons employed.
(b) The Governor-in-Council may make
regulations prescribing the procedure
to be followed in taking samples.
Certificate of
appointment of 19. Every Inspector shall be furnished with a
Inspector. certificate of his appointment, and when visiting a








No 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


factory or place to which any of the provisions of
this Ordinance apply shall, if required, produced
the said certificate to the occupier of, or other per-
son holding a responsible position of management
at, the factory.


20. The occupier of every factory, his agents
and employees shall furnish the means required by
an Inspector as necessary for an entry, inspection.
examination, inquiry, the taking of samples, or
otherwise for the exercise of his powers under this
Ordinance in relation to that factory,


21. If any person who, in pursuance of powers
conferred by this Ordinance or any regulations or
orders made thereunder, enters or is admitted into
any factory or place discloses, without the permis-
sion of the occupier to any person any information
obtained by him in a factory or place with regard
to any manufacturing process or trade secret, he
shall, unless such disclosure was made in the per-
formance of his duty, be guilty of an offence and
liable to a fine not exceeding one hundred dollars
or imprisonment for a term not exceeding six
months or to both such punishments.


22. Any certificate issued under or for the pur-
poses of this Ordinance by an Inspector may be
issued for a limited period or without limit of
period and may be varied or revoked by the In-
spector issuing the same, or any successor in office.


23. Any regulation or order made under this
Ordinance may be made for a limited period or
without limit of period and may be made subject
to such conditions as the authority or person which
or who made the regulation or order thinks fit,
and may contain such supplemental and conse-
quential provisions as that authority or person
considers necessary for giving full effect to the
regulation or order.


Duty to furnish
means for In-
spector.






Penalty for dis-
closure of trade
secrets.











Issue and re-
vocation of
certificates.




Provisions
as to Regula-
tions and
Orders made
under this
Ordinance.







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


Part V.

OFFENCES, PENALTIES AND LEGAL
PROCEEDINGS

Offences. 24. (1) In the event of any contravention in or
in connection with or in relation to a factory of the
provisions of this Ordinance, or of any regulation
or order made thereunder, the occupier or (if the
contravention is one in respect of which the owner
is by or under this Ordinance made responsible)
the owner, of the factory shall, subject as herein-
after in this Ordinance provided, be guilty of an
offence.

(2) In the event of a contravention by an em-
ployed person of the provisions of this Ordinance
with respect to duties of persons employed or of a
contravention by any person of any regulation or
order made under this Ordinance which expressly
imposes any duty upon him, that person shall be
guilty of an offence and the occupier or owner, as
the case may be, shall not be guilty of an offence
in respect of that contravention unless it is proved
that he failed to take all reasonable steps to pre-
vent the contravention.

(3) If the occupier of a factory avails him-
self of any special exception allowed by or under
this Ordinance and fails to comply with any of the
conditions attached to the exception, he shall be
deemed to have contravened the provisions of this
Ordinance.

(4) If any persons are employed in a factory
otherwise than in accordance with the provisions
of this Ordinance or of any regulation or order
made thereunder, there shall be deemed to be a
separate contravention in respect of each person so
employed.

(5) Where an offence under this Ordinance
committed by a company, co-operative society or
other body of persons is proved to have been
committed with the consent or connivance of, or to
have been facilitated by any neglect on the part of,








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


any director, chairman, manager, secretary or
other officer of the company, co-operative society
or other body of persons, he, as well as the com-
pany, co-operative society or other body of
persons, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and
punished accordingly.


25. It is hereby declared that where the con-
travention of any provision of this Ordinance is a
continuing offence-
(a) the recommencement of such offence
after any interval constitutes a fresh
offence;
(b) a prosecution may be instituted, and the
person accused may be convicted and
sentenced, from time to time in relation
to any portion of the period during
which the offence continues to be com-
mitted, not being a portion of such
period in relation to which the person
accused has been previously convicted
andisentenced for the offence.

26. Subject as hereinafter in this Ordinance or
in any regulations or orders made thereunder pro-
vided, any person guilty of an offence under this
Ordinance or in any regulations or orders made
thereunder for which no express penalty is provid-
ed by this Ordinance or in any regulations or
orders made thereunder shall be liable to a fine not
exceeding one hundred dollars, and, if the con-
travention in respect of which he was so convict-
ed is continued after the conviction he shall (sub-
ject to the provisions of section twenty-seven
of this Ordinance) be guilty of a further offence
and liable in respect thereof to a fine not exceed-
ing ten dollars for each day on which the con-
travention was so continued.

27. Where the occupier or owner of a factory is
convicted of an offence under this Ordinance, the
court may, in addition to or instead of inflicting a
fine, order him, within the time specified in the
order, to take such steps as may be so specified for
remedying the matters in respect of which the con-


Provisions re-
garding con-
tinuing
offences.


Fines for
offences for
which no ex-
press penalty
provided.











Power of court
to order cause
of contraven-
tion to be
remedied.








No 11 of 1955.


Fines in case
of death or
injury.


Fine for offence
by parent.


The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


travention occurred, and may, on application, en--
large the time so specified, and where such an order
is made, the occupier or owner shall not be liable
under this Ordinance in respect of the continuation
of the contravention during the time allowed by
the court, but if, after the expiration of that time as
originally specified or enlarged by subsequent
orders, the ordr is not complied with, the occupier
or owner, as the case may be, shall be liable to a
fine not exceeding ten dollars for each day on
which the non-compliance continues.

28. If any person is killed, or dies, or suffers
any bodily injury, in consequence of the occupier
or owner of a factory having contravened any pro-
vision of this Ordinance or of any regulation or
order made thereunder, the occupier or owner of
the factory shall, without prejudice to any other
penalty, be liable to a fine not exceeding five
hundred dollars, and the whole or any part of the
fine may be applied for the benefit of the injured
person or his family or otherwise as the Governor-
in-Council determines:

Provided that-

(a) in the case of injury to health, the oc-
cupier or owner shall not be liable to a
fine under this section unless the injury
was caused directly by the contravention;
and

(b) the occupier or owner shall not be liable to
a fine under this section if proceedings
against him under this Ordinance in
respect of the act or default by which the
death or injury was caused, have taken
place and been dismissed before the death
or injury occurred.


29. If a young person is employed in any
factory in contravention of the provisions of this
Ordinance, the parent of the young person shall be
guilty of an offence and liable to a fine not exceed-
ing twenty five dollars, unless it appears to the
court that the contravention occurred without the
consent, connivance, or wilful default of the parent.







No 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


30. If any person- Forgery of
certificates,
false entries,
(a) forges or counterfeits any certificate re- and false
quired by, under, or for the purposes of, declarations.
this Ordinance or any order or regulation
made thereunder;

(b) gives or signs any such certificate knowing
it to be false in any material particular;

(c) knowingly utters or makes use of any such
certificate so forged, counterfeited, or false
as aforesaid ;

(d) knowingly utters or makes use of as
applying to any person any such certifi-
cate which does not so apply ;

(e) personates any person named in any such
certificate;
(f) falsely pretends to be an Inspector;
(g) wilfully connives at any such forging,
counterfeiting, giving, signing, uttering,
making use, personating or pretending as
aforesaid ;

(h) wilfully makes a false entry in any
register, notice, certificate, or document
required by, under or for the purposes of
this Ordinance or any order or regulation
made thereunder to be kept or served or
sent ;

(i) wilfully makes or signs a false declaration
required by, under or for, the purposes of
this Ordinance or any order or regulation
made thereunder;

(j) knowingly makes use of any such false
entry or declaration as aforesaid;

he shall, without prejudice to any other penalty, be
guilty of an offence under this Ordinance, and
liable to a fine not exceeding five hundred dollars,
or to imprisonment for a term not exceeding one
year.







No. 11 of 1955.



Penalty for per-
sons actually
committing
offence for
which occupier
is liable.



Penalty for
obstruction, etc.


Power of occu-
pier or owner
to exempt him-
self from lia-
bility on con-
viction of the
actual offender.


The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


31. Where an act or default for which an
occupier or owner is liable under this Ordinance is
in fact the act or default of some agent, servant,
worker or other person, that agent, servant, worker
or other person shall be guilty of an offence and
liable to the like fine as if he were the occupier or
owner, as the case may be.

32. (1) Any person who -

(a) obstructs or delays an Inspector in the
due exercise of any power conferred on
him by or under this Ordinance; or
(b) refuses to answer, or answers falsely, any
inquiry authorised by or under this Ordi-
nance to be made; or
(c) fails to produce any register, certificate,
book, or document, he is required by or
under this Ordinance to produce; or
(d) conceals or prevents, or attempts to con-
ceal or prevent, any person from appear-
ing before or being examined by an In-
spector;
shall be guilty of an offence and liable on convic-
tion thereof to a fine not exceeding twenty-five
dollars or to imprisonment for a term not exceed-
ing three months or to both such penalties, and, in
the case of a second or subsequent conviction
under this section within two years from the last
conviction for the same offence, to a fine of fifty
dollars or to imprisonment for a term not exceed-
ing six months or to both such penalties.
(2) Where an offence against subsection (1)
of this section is committed in a factory by a per-
son other than the occupier thereof, both that per-
son and the occupier of the factory shall be guilty
of that offence.

33. (1) Where the occupier or owner of a factory
is charged with an offence under this Ordinance,
he shall be entitled upon information duly laid by
him and on giving to the prosecution not less than
three days' notice in writing of his intention, to
have any other person whom he charged as the







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


actual offender brought before the court at the
time appointed for hearing the charge; and if,
after the commission of the offence has been
proved, the occupier or owner of the factory proves
to the satisfaction of the court -

(a) that he has used all due diligence to en-
force the execution of this Ordinance and
of any relevant order or regulation made
thereunder; and

(b) that the said other person had committed
the offence in question without his consent,
connivance or wilful default

that other person shall be summarily convicted of
the offence, and the occupier or owner shall not be
guilty of the offence and the person so convicted
shall, in the discretion of the court, be also liable
to pay any costs incidental to the proceedings.

The prosecution shall have the right in any
such case to cross-examine the occupier or owner
if he gives evidence and any witnesses called by
him in support of his charge, and to call rebutting
evidence.

(2) When it is made to appear to the satis-
faction of an Inspector at the time of discovering
an offence -

(a) that the occupier or owner (as the case
may be) of the factory has used all due
diligence to enforce the execution of this
Ordinance; and

(b) by what person the offence has been
committed; and

(c) that it has been committed without the
consent, connivance or wilful default of
the occupier or owner and in contraven-
tion of his orders,


the Inspector shall proceed against the person
whom he believes to be the actual offender without








No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


first proceeding against the occupier or owner of
the factory.


Proceedings
against persons
other than
occupiers or
owners.





Owner of
machine liable
in certain cases
instead of
occupier.





Prosecution of
offences and
recovery and
application of
fines.


34. Where, under this Ordinance, any person is
substituted for the occupier or owner with respect
to any provisions of this Ordinance, any order,
summons, notice, or proceeding, which for the pur-
pose of any of those provisions is by or under this
Ordinance required or authorised to served on or
taken in relation to the occupier or owner, is hereby
required or authorised (as the case may be) to be
served on or taken in relation to that person.

35, Where in a factory the owner or hirer of a
machine or implement moved by mechanical power
is some person other than the occupier of the fac-
tory, the owner or hirer shall, so far as respects
any offence under this Ordinance committed in re-
lation to a person who is employed in or about or in
connection with that machine or implement, and is
in the employment or pay of the owner or hirer, be
deemed to be the occupier of the factory,

36. (1) In any proceedings under this Ordi-
nance it shall be sufficient in the information to
allege that the factory is a factory within the mean-
ing of this Ordinance and to state the name of the
ostensible occupier of the factory, or, where the oc-
cupier is a firm, or company, the title or name of
such firm or company.

(2) Where, with respect to or in consequence
of any accident in a factory, a report is made by
any authority appointed to hold a formal investiga-
tion under any law, ora coroner's inquest is held,
and it appears from the report, or from the proceed-
ings at the inquest, that any of the provisions of
this Ordinance, or any orders or regulations made
thereunder, were not complied with at or before
the time of the accident, summary proceedings
against any person liable to be proceeded against
in respect of such non-compliance may be com-
menced at any time within three months after the
making of the report or the conclusion of the
inquest.

(3) Where any offence is committed under







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


this Ordinance by reason of a failure to make an
examination, enter a report, or do any other thing,
at or within a time specified by this Ordinance or
any regulation or order made thereunder, the
offence shall be deemed to continue until the
examination is made, or the report entered, or the
other thing done, as the case may be.

(4) Where a proceeding is taken before a court
with respect to an offence under this Ordinance
alleged to be committed in or with reference to a
factory, no person shall be qualified to act as
a member of the court who is the occupier or owner
of the factory, or the husband, wife, parent, son,
daughter, brother, or sister of the occupier or owner
of the factory, or a person engaged in, or an officer
of any association of persons engaged in, the
same trade or occupation as any person charged
with the offence.

37. (1) If a person is found in a factory at any Special pro-
time at which work is going on or the machinery visions as to
is in motion, except during the intervals for meals evidence.
or rest, he shall, until the contrary is proved be
deemed for the purposes of this Ordinance to have
been then employed in the factory :

Provided that this subsection shall not apply
to a factory in which the only persons employed
are members of the same family dwelling there.

(2) Where in any proceedings under this
Ordinance with respect to a young person it
appears to the court that that young person is
apparently of or below the age alleged by the
informant, it shall lie on the defendant to prove
that the young person is not of or below that age.

(3) Where any entry is required by this
Ordinance or by any order or regulations made
thereunder to be made, the entry made by the
occupier of a factory or on his behalf shall, as
against him, be admissible as evidence of the facts
therein stated, and the fact that any entry so
required with respect to the observance of any
provision of this Ordinance or of any order or
regulation made thereunder has not been made,







No. 11 of 1955.


Service and
sending of
ducumenLs, etc.


The Factories Ordinance, 1956. Saint Christopher
Nevis and Anguilla.


shall be admissible as evidence that that provision
has not been observed.

38. (1) Any document (including any summons
or order) required or authorised to be served under
this Ordinance may be served-

(a) on any person by delivering it to him,
or by leaving it at, or sending it by post
to, his residence;
(b) on any firm or company by delivering it
to any partner of the firm or any
director, chairman, manager, secretary
or other officer of the company, or by
leaving it at, or sending it by post to, the
office or Ihe registered office of the firm
or company ;
(c) on the owner or occupier of a factory
(including any such owner or occupier
being a limited company), in any such
manner as aforesaid, or by delivering it,
or a true copy thereof, to any person
apparently not under the age of sixteen
years at the factory.

(2) Any such document may be addressed
for the purpose of the service thereof on the oc-
cupier of a factory, to "the occupier" at the proper
postal address of the factory, without further
name or description,

(3) The foregoing provisions of this section
shall apply with the necessary modifications to
documents required or authorised under this
Ordinance to be sent to any person, firm, owner or
occupier, and to the sending, addressing, and
delivery of such documents.

39. Where the age of any person is required to
be ascertain or proved for the purposes of this
Ordinance any person shall on application and on
payment of the prescribed fee, be entitled to obtain
a certified extract under the hand of the Registrar-
General of the entry in the register under the
Registration Ordinance, 1885, of the birth of that
person.


Certificates of
birth,




2/1885.







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


40. If by reason of an agreement between
the owner and the occupier of premises the whole
or any part of which has been let as a factory the
said owner or occupier is prevented from carrying
out any structural or other alterations in the
premises which are necessary to enable him to
comply with the provisions of this Ordinance or
of any regulation or order made under this Ordi-
nance or in order to conform with any standard or
requirement imposed by or under this Ordinance,
he may apply in accordance with Rules of Court to
the Supreme Court, and the court, after hearing the
parties and any witnesses whom they desire to call,
may make such an order setting aside or modify-
ing the terms of the agreement as the court con-
siders just and equitable in the circumstances of
the case.

41. Where in any premises the whole or any
part of which has been let as a factory any struc-
tural or other alterations are required in order to
comply with the provisions of this Ordinance or of
any regulation or order made under this Ordinance
or in order to conform with any standard or
requirement imposed by or under this Ordinance
and the owner or occupier as the case may be
alleges that the whole or part of the expenses of
the alterations ought to be borne by the occupier
or owner, the owner or occupier may apply in
accordance with Rules of Court to the Supreme
Court, and the court, after hearing the parties and
any witnesses whom they may desire to call, may
make such an order concerning the expenses or
their apportionment as the court considers just and
equitable in the circumstances of the case, regard
being had to the terms of any contract between
the parties, or in the alternative the court may at
the request of the owner or occupier determine the
lease.
42. The declaration embodied in section 2 of
the Factories (General Legislature Competency)
Ordinance, 1947, is hereby revoked and the said
Ordinance is hereby repealed.

43. (1) This Ordinance shall come into operation
on such date as the Governor may by Proclamation
published in the Gazette appoint.


Power of court
to modify
agreements.















Power of court
to apportion ex-
penses.


















Revocation of
declaration and
repeal 311947.


Commence-
ment and
Saving.







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(2) Except where otherwise expressly pro-
vided, the provisions of this Ordinance shall be in
addition to, and not in substitution for or diminu-
tion of, the provisions of any other Ordinance.

ROBT. L. BRADSHAW,
Deputy President.

Passed the Legislative Council this 25th day of May 1955.

J. S. ARCHIBALD,
Clerk of the Council.


FIRST SCHEDULE (Section 2)

Interpretation of expression "factory".

(1) Subject to the provisions of this Ordinance, the expression
"factory" means any premises in which, or within the close
or curtilage or precincts of which, persons are employed in
manual labour in any process for or incidental to any of the
following purposes, namely :-
(a) the making of any article or of part of any article; or
(b) the altering, repairing, ornamenting, finishing, cleaning or
washing, or the breaking up or demolition of any article;
or
(c) the adapting for sale of any article;
being premises in which, or within the close or curtilage or
precincts of which, the work is carried on by way of trade or
for purposes of gain and to or over which the employer of
the persons employed therein has the right of access or
control;

And (whether or not they are factories by reason of the fore-
going definition) the expression "factory" also includes the
following premises in which persons are employed in manual
labour, that is to say:-

(i) any yard or any dock (including the precincts thereof)
in which ships or vessels are constructed, reconstruct-
ed, repaired, refitted, finished or broken up;







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(ii) any premises in which the business of sorting any arti-
cles is carried on as a preliminary to the work carried
on in any factory or incidentally to the purposes of
any factory;

(iii) any premises in which the business of washing or
filling bottles or containers or packing articles is car-
ried on incidentally to the purposes of any factory;

(iv) any laundry carried on as ancillary to another business,
or incidentally to the purposes of any public icstitu-
tions ;

(v) any premises in which the construction, reconstruction
or repair of locomotives, vehicles or other plant for use
for transport purposes is carried on as ancillary to a
transport undertaking or other industrial or commercial
undertaking, not being any premises used for the pur-
pose of housing locomotives or vehicles where only
cleaning, washing, running repairs or minor adjust-
ments are carried out;

(vi) any premises in which printing by letter-press, litho-
graphy, photogravure, or other similar process, or
bookbinding is carried on by way of trade or for pur-
poses of gain or incidentally to another business so
carried on;

(vii) any premises in which the business of making or
mending nets is carried on incidentally to the fishing
industry ;

(viii) any premises in which the mechanical power is used
in connection with the making or repair of articles of
metal or wood incidentally to any business carried on
by way of trade or for purposes of gain;

(ix) any premises in which articles are made or prepared
incidentally to the carrying on of building operations
or works of engineering construction, not being
premises in which such operations or works are being
carried on;

(x) any waterworks or other premises in which mechani-
cal power is used for the purposes of, or in connection
with, a public water supply;







No. 11 of 1955. The Factories Ordinance, 1955. Saint Chnstopher
Nevis and Anguilla.


(xi) any irrigation works in which mechanical power is
used and any pumping station used in connection
with any irrigation works;

(xii) any quarry;

(xiii) any salt works.

(2) Any line or siding (not being part of a railway) which is
used in connection with and for the purposes of a factory,
shall be deemed to be part of the factory; if any such line or
siding is used in connection with more than one factory
belonging to different occupiers, the line or siding shall be
deemed to be a separate factory.

(3) A part of a factory may, with the approval in writing of the
Factory Inspector, be taken to be a separate factory and two
or more factories may, with the like approval, be taken to be
a single factory.

(4) Any workplace in which, with the permission of or under
agreement with the owner or occupier, two or more persons
carry on.any work which would constitute the workplace a
factory if the persons working therein were in the employ-
ment of the owner or occupier, shall be deemed to be a factory
for the purposes of this Ordinance, and, in the case of any
such workplace not being a tenement, factory or part of a
tenement factory, the provisions of this Ordinance shall apply
as if the owner or occupier of the workplace where the
occupier of the factory and the persons working therein were
persons employed in the factory.

(5) No premises in or adjacent to and belonging to any mine (not
being a quarry), being premises in which the only process
carried on is a process ancillary to the getting, dressing
or preparation for sale of minerals shall he deemed to be
a factory.

(6) Where a place situate within the close, curtilage, or precincts
forming a factory is solely used for some purpose other than
the processes carried on in the factory, that place shall not
be deemed to form part of the factory for the purposes of
this Ordinance, but shall, if otherwise it would be a factory,
be deemed to be a separate factory.

(7) Premises shall not be excluded from the definition of a
factory by reason only that they are open air premises.







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(8) Where the Inspector, by certificate in writing, so directs as
respects all or any purposes of this Ordinance, different
branches or departments of work carried on in the same
factory shall be deemed to be different factories.

(9) Any premises belonging to or in the occupation of Her
Majesty's Government or any department thereof, or of the
Government of the Presidency or any department thereof, or
of any local authority, shall not be deemed not to be a
factory, and building operations or works of engineering
construction undertaken by or on behalf of Her Majesty's
Government or any department thereof, or the Government of
the Presidency or any department thereof, or any local
authority, shall not be excluded from the operation of this
Ordinance, by reason only that the work carried on threat
is not carried on by way of trade or for purposes of gain.

SECOND SCHEDULE (Section 12)

Particulars to be submitted by occupier, or
intending occupier of a Factory

1. Name of the occupier or intending occupier of the factory.

2. Address and location of the factory.

3. Nature of the work carried on, or proposed to be carried on in
the factory.

4 Whether mechanical power is used or intended to be used
and, if so, its nature.

5. Whether steam boilers are used or intended to be used and,
if so, the following particulars in respect of each such
boiler -

(a) type, description and distinctive number;

(b) country and year of manufacture;

(c) date of the last thorough examination and name of the
person by whom the examination was made;

(d) maximum permissible working pressure in pounds per
square inch.







No. 11 of 1955. The Factories Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


6. (a) Total number of persons employed or intended to be
employed, in the factory.

(b) Where persons are employed, or intended to be employed
in shifts, the maximum number employed, or intended to
be employed, at any one time.


































Printed for the Government of St. Christopher Nevis by A. M. LOSADA, LTD.
Printers by Authority "The St. Kitts Printery," Fort & Central Streets
Basseterre, St. Kitts.







THE EDUCATION ORDINANCE
1955
No. 16 of 1955.
ARRANGEMENT OF SECTIONS
Preliminary
I. Short Title
2. Interpretation
PART I
THE DEPARTMENT OF EDUCATION
3. Department of Education
PART II
EDUCATION COMMITTEE
4. Education Committee
5. Functions
6. Chairman
7. Secretary
8. Business of the Committee
9. Resignation and Vacation of membership

PART III
EDUCATIONAL DISTRICTS

Io. Proclamation of educational districts

PART IV
EDUCATIONAL DISTRICT OFFICERS
II. Appointment of Educational District Officers
12. Powers of Educational District Officers

PART V
DUTY OF PARENTS
13. Duty of parents to cause children to receive
efficient primary instruction
14. School attendance orders







PART VI
LEGAL PROCEDURE
15. Opinion of Magistrate to be held to be true age
of child in absence of definite evidence
16. Officer may obtain copy of certificate of birth
17. Summary Jurisdiction as to orders
18. No fees for any process under this Ordinance
PART VII
SCHOOLS AND MANAGEMENT
19. Admission
20. Keeping and submission of records
21. Management of Government primary schools
22. Management of Government secondary schools
23. Management of assisted primary schools
PART VIII
RELIGIOUS INSTRUCTION
24. Lord's Prayer and portion of Scripture to be
read
25. Further religious instruction
26. Child may be withdrawn by parents from any
religious instruction
PART IX
EXHIBITIONS
27. Exhibitions and bursaries
PART X
GRANTS FROM GENERAL REVENUE
28. Conditions of grants-in-aid
29. Registers and records
30. Refusal of grants-in-aid
PART XI
PRIVATE SCHOOLS
31. Opening of private schools







32. Returns to be furnished by proprietors, and
particulars to be registered
33. Disqualifications as a teacher
34. Offences in respect of returns, and employment
of teachers
35. Closure of schools not conducted in accordance
with the law
36. Inspector of Schools or his representative may
visit private schools and make enquiries
37. Power of Governor in Council to make regu-
lations
PART XII
REGULATIONS
38. Regulations
PART XIII
COMMENCEMENT
39. Commencement






No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.

LI Assent,
P. D. MACDIONALD.
Acting Governor,
8th August, 1955.


Saint Christopher Nevis and flnguilla.

No. 16 of 1955.

An Ordinance relating to Education.

ENACTED by the Legislature of Saint
Christopher, Nevis and Anguilla as follows:-

PRELIMINARY

Short Title. 1. This Ordinance may be cited as the
Education Ordinance, 1955.
Interpretation. 2. In this Ordinance -

"assisted" in relation to a school
means assisted by a grant made
from public funds in a manner pro-
vided by this Ordinance ;

"board of management" means a
board having the control and man-
agement of one or more assisted
schools ;

"child" means a person who has at-
tained the age of five years and has
not attained the age of thirteen
years ;






No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.

"Committee" means the Education
Committee established in accordance
with the provisions of section 4 of
this Ordinance ;

"Department" means the Department
of Education ;

"Educational District Officer" means
any officer appointed under section
11 of this Ordinance to carry out
the provisions of this Ordinance in
any educational district ;

"efficient primary instruction" means-

(a) instruction received at any Gov-
ernment or assisted primary
school;

(b) instruction received at any pri-
vate school ; or

(c) private instruction received
otherwise than at a school :
Provided that the person giving
such instruction shall have first
obtained from the Inspector of
Schools a certificate of compe-
tency to impart efficient primary
instruction ;

"Government" in relation to a school
means maintained by Government
wholly from public funds ;

"parent" includes guardian and every
person who is liable to maintain or







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


has the actual custody of any child,
and every male person co-habiting
with the mother of any child wheth-
er he be the parent of such child or
not ;

"primary school" means a school
recognized by the Governor as pro-
viding primary education for pupils
up to the age of twelve years and
post-primary education for pupils
up to the age of sixteen years;

"private school" means a school or
educational class or institution at-
tended by twelve or more children,
not being a Government or an as-
sisted school;

"proprietor" includes any person who
conducts a private school, or on
whose behalf a private school is con-
ducted, and also includes the lessee
or tenant of the premises where
such school is conducted, or the
owner of the premises where the
premises are not leased or tenanted ;

"secondary school" means a school re-
cognised by the Governor as pro-
viding secondary instruction in
academic, technical, industrial, or
commercial subjects for pupils up to
the age of twenty years ;

"teacher" means a person registered
for employment as such in any Gov-
ernment or assisted school on the







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


register of teachers kept by the
officer in charge of the Department.

PART I

THE DEPARTMENT OF EDUCATION

Department of 3. There shall be a Department of Edu-
Education. cation with an officer in charge thereof and
such other officers as may be appointed by
the Governor at such salaries as the Gover-
nor, with the consent of the Legislative
Council, may from time to time direct.

PART II

EDUCATION COMMITTEE

Education 4. (1) There shall be established a Com-
Committee. mittee to be styled the Education Committee
and composed of not less than seven and not
more than nine members, appointed by the
Governor, one of whom shall be an elected
member of the Legislative Council and also
a member of the Executive Council of the
Presidency and another of whom shall be
an elected member of the Legislative Council.
There shall be at least two primary school
teachers in active service appointed as mem-
bers of the Committee.

(2) Every member of the Committee
shall hold office-for two years from the date
of his appointment and shall be eligible for
re-appointment.

Functions. 5. The functions of the Committee shall
be -







No. 16 of 1956. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(a) to advise the Governor in regard to
educational policy and principles
and to submit its views on any edu-
cational question which the Gover-
nor may refer to it : Provided that
in the absence of such reference it
may draw the attention of the
Governor to any aspect of educa-
tional policy which, in its opinion,
requires attention ;

(b) to make regulations for the ap-
proval of the Governor in Council;

(c) to advise the Governor on any mat-
ters connected with the education
system of the Presidency which he
may submit for the Committee's
opinion: Provided that in the ab-
sence of such reference it may draw
attention to any aspect of the educa-
tion system of the Presidency that,
in its opinion, requires attention.

Chairman. 6. The Chairman of the Committee shall
be appointed by the Governor: Provided
that in his absence, the Committee may elect
one of its members as Chairman at any meet-
ing.
Secretary. 7. The Inspector of Schools shall be, ex-
officio, the Secretary of the Committee.

Business of the 8. (1) The Chairman shall not less than
Committee. once in every six months summon a meeting
of the Committee and on a requisition signed
by any three members he shall summon a
meeting.





9

No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(2) Such requisition shall state the ob-
ject for which the meeting is required to be
summoned.

(3) Five members of the Committee
shall form a quorum.

(4) The Chairman shall have an original
vote but not a casting vote.

(5) The Committee shall cause to be
kept a Minute Book in which its proceedings
shall be recorded.

Resignation 9. (1) Any member may resign his seat
memberhi of on the Committee by letter addressed to the
Governor.

(2) Any member of the Committee who
fails to attend four consecutive meetings of
the Committee shall, unless the failure was
due to some reason approved by the Govern-
or, cease to be a member of the Committee.

(3) A member of the Committee who is
a member thereof by virtue of the fact that he
is an elected member of the Legislative Coun-
cil serving on the Executive Council of the
Presidency or that he is an elected member
of the Legislative Council, shall cease to be
a member of the Committee if he ceases to be
a member of Council as aforesaid.

(4) In case of the absence, on leave or
through ill-health of any member of the Com-
mittee, the Governor may appoint any other
person to act in his stead.







No. 16 of 1955.


Proclamation
of educational
districts.


The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


PART III

EDUCATIONAL DISTRICTS

10. The Governor may, with the advice
and consent of the Executive Council, by pro-
clamation to be published in the Gazette de-
clare that any portion of the Presidency spe-
cified in such proclamation shall form a dis-
trict for educational purposes and such dis-
tricts shall be called an "educational district";
and the Governor may, with the like advice
and consent and in like manner, add to or
diminish the number of such districts and
alter the limits of any district as from time to
time may appear to be necessary.


PART IV


EDUCATIONAL DISTRICT


OFFICERS


Appointment
of Educational
District
Officers.


Powers of
Educational
District
Officers.


11. The Governor may appoint one or more
officers styled Educational District Officers to
carry out the provisions of this Ordinance in
any educational district.

12. Every Educational District Officer
shall have authority to enter any yard, house,
building or place, between the hours of six of
the clock in the morning and five of the clock
in the evening of any day in the week except
Sunday, and there make enquiries as to any
child who may there reside, or be employed,
and every person who shall hinder or obstruct
any Educational District Officer in the per-
formance of his duty, or who shall wilfully
make any false representations to any Educa-
tional District Officer with respect to the age
of any child, or who shall wilfully refuse to







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


afford to any Educational District Officer rea-
sonably requiring the same, any information
of which such person shall be possessed as to
the age of any child, shall be guilty of an
offence, and shall be liable on summary con-
viction to a penalty not exceeding twenty
dollars.

PART V

DUTY OF PARENTS

Duty of par- 13. (1) It shall be the duty of the parent
ents to cause
children to re- of every child-
ceive efficient
primary in-
struction. (a) to cause such child to receive efficient
primary instruction; and

(b) where the parent does not otherwise
provide efficient primary instruction
for his child, unless he has reasonable
excuse, to cause the child to attend at
the Government or assisted primary
school nearest to the residence of such
child, every time the school is opened.

(2) For the purpose of this section the
expression "reasonable excuse" means-

(a) that there is not within two miles
measured according to the nearest road
from the residence of such child, any
Government or assisted primary school
open, that the child can attend, or

(b) that the absence of the child from
the school has been caused by sickness
or other unavoidable cause.







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


School atten-
dance orders.


14. (1) If it appears to the Inspector of
Schools that the parent of any child is failing
to perform any of the duties imposed on him
by the last foregoing section, it shall be the
duty of the Inspector of Schools to serve
upon the parent a notice requiring him,
within such time as may be specified in the
notice not being less than fourteen days from
the service thereof, to satisfy the Inspector of
Schools that the child is receiving efficient
primary instruction.

(2) If, after such a notice has been
served upon a parent by the Inspector of
Schools, the parent fails to satisfy him in
accordance with the requirements of the
notice that the child to whom the notice
relates is receiving efficient primary instruc-
tion, then, if in the opinion of the Inspector
of Schools it is expedient that the child
should attend school, the Inspector of Schools
shall serve upon the parent an order in the
prescribed form (hereinafter referred to as a
"school attendance order") requiring him to
cause the child to become a pupil at a school
named in the order.

(3) If any person upon whom a
school attendance order is served fails to
comply with the requirements of the order,
he shall be guilty of an offence and shall be
liable on summary conviction to a fine not
exceeding fifty dollars.








No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


PART VI


LEGAL PROCEDURE


Opinion of
Magistrate to
be held to be
true age of
child in absence
of definite
evidence.










Officer may ob-
tain copy of cer-
tificate of birth.




Summary Juris-
diction as to
orders.
Cap. 61.




No fees for
any process un-
der this Ordi-
nance.


15. Where the age of any child is required
to be ascertained in any judicial proceeding
under this Ordinance the adjudicating
Magistrate on production of the child before
him and on considering any evidence of age
that may be adduced and the appearance of
the child and in the absence of clear testi-
mony to the contrary may declare and note
on the proceedings what in his opinion is the
true age of such child and such age shall for
all purposes connected with that proceeding
be taken to be the true age of such child at
that time.

16. Every Educational District Officer
shall be entitled to obtain from the Registrar
General a certified copy of any entry in any
register in his custody with respect to the
birth of any child.

17. All orders which any Magistrate is
authorised to make under this Ordinance
shall be applied for, made and enforced,
according to the provisions of the Magis-
trate's Code of Procedure Act.

18. No person, whether complainant,
plaintiff or defendant, shall be required to
pay any fees for any process in any proceed-
ings taken or had under the provisions of
this Ordinance against the parent of any
child.








No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


PART VII

SCHOOLS AND MANAGEMENT

Admission. 19. (1) Pupils shall be admitted free to
all Government and to all assisted primary
schools.

(2) Pupils in all Government second-
ary schools may be charged such fees as may
be prescribed.


Keeping and
submission of
records.


Management of
Government
primary
schools.


Management of
Government
secondary
schools.


Management of
assisted pri-
mary schools.


20. All schools shall keep such records
and submit such returns to the Governor as
may be prescribed.

21. Government primary schools shall be
managed by the officer in charge of the
Department in accordance with such policy
as may be approved by the Governor.

22. Government secondary schools shall
be managed by their Principals in accordance
with such policy as may be approved by the
Governor.

23. (1) Assisted primary schools shall be
under the control of boards of management
to be appointed by the Governor.

(2) Every such board shall consist of
three members one of whom shall be
Chairman.

(3) The Chairman shall have an
original vote but not a casting vote.

(4) Such boards of management shall
deal with all matters relating to the








No. 16 of 1955.


Lord's Prayer
and portion of
Scripture to be
read.










Further reli-
gious instruc-
tion.









Child may be
withdrawn by
parents from
any religious
instruction.


The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


establishment, organisation, and discon-
tinuance of schools under their control.

PART VIII

RELIGIOUS INSTRUCTION

24. In every Government or assisted
school the Lord's Prayer shall, each morn-
ing on which the school is open, be publicly
repeated at the opening of the school by
the teacher in charge of the school, or, if he
be absent, by the senior teacher then pre-
sent; and a portion of the Holy Scriptures
shall be read daily, without comment, in
such school during school hours; and no
grant from public funds shall be made to
any assisted school where this section is not
complied with.

25. In every Government school further
religious instruction in the Christian religion
shall be given subject to such regulations as
may be made by the Committee with the
approval of the Governor in Council; and
further religious instruction in the Christian
religion may be given in any assisted school
but no grant from public funds shall be
made to any assisted school for or in re-
spect of instruction in religious subjects.

26. (1) Every Government and assisted
school shall be open to children of all
denominations, and any child may be with-
drawn by his parents from any instruction
in religious subjects and from any religious
observance in any such school, and no child
shall in any such school be placed at any
disadvantage with respect to the secular








No. 16 of 1955.


Exhibitions and
bursaries.


Conditions of
grants-in-aid.


The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


instruction given therein by reason of the
denomination to which such child or his
parents belong or by reason of his being
withdrawn from any instruction in religious
subjects.

(2) The time or times during which
any religious observance is practised, or
instruction in religious subjects is given at
any session of the school for primary in-
struction, shall be either at the beginning or
at the end of such session or at the begin-
ning and at the end of such session and
shall be specified in a table approved of by
the Governor.

PART IX

EXHIBITIONS

27. The Governor may in each year
award exhibitions and bursaries tenable at
any Government secondary school of such
number and value as may be deemed
advisable.

PART X

GRANTS FROM GENERAL REVENUE

28. Subject to the provisions of this
Ordinance and to the regulations made
thereunder, any assisted school may, on
application being made by the body by
which such school is maintained, receive
such aid from public funds as may be pro-
vided by the Legislative Council.







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.

Registers and 29. (1) There shall be kept in respect of
every assisted school such registers as may
be required by the Inspector of Schools and
such registers shall be produced for inspec-
tion when required by the Inspector of
Schools.

(2) A detailed statement of the expen-
diture of the grant to any such school, in
respect of the previous year ending the 31st
day of December, shall be submitted annual-
ly before the 31st day of January.

(3) Every assisted school shall be
open to inspection by the Inspector of
Schools or any officer in the Department
deputed by him in writing to act as his
representative.
Refusal of 30. No grant shall be made to any
grants-in-aid. assisted school-

(a) in respect of which there is fail-
ure to comply with the require-
ments of this Ordinance or of
regulations made thereunder;

(b) unless the grant to such school
shall be applied only for educa-
tional purposes approved by the
officer in charge of the Depart-
ment;

(c) which the Governor considers
superfluous or unnecessary;

(d) which is maintained for the
financial benefit of an individual
or any group of individuals.








No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


PART XI

PRIVATE SCHOOLS


Opening of pri-
vate schools.


Returns to be
furnished by
Proprietors, and
Particulars to
be registered.


31. (1) No private school shall after the
date of the commencement of this Ordinance
be conducted without the approval in writing
of the Governor.

(2) Any person who after the date of
the commencement of this Ordinance wishes
to open or conduct a private school shall
make application to the Governor on a form
to be supplied by the Governor.

(3) The Governor shall approve the
opening or conducting of a private school
provided that he is satisfied that the re-
quirements of this Ordinance and any regu-
lations made under this Ordinance have
been satisfied.

32. (1) Every proprietor of a private
school shall upon the request of the Inspector
of Schools furnish him with a return in
writing signed by such proprietor and in
such form as shall be required by the In-
spector of Schools and containing the follow-
ing particulars:-

(a) the proprietor's full name and
address;

(b) the situation of the school and
whether the proprietor is the owner,
or lessee, or tenant of the premises;

(c) the number and size of the
classrooms;







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.

(d) details of the furniture, equip-
ment and appliances to be used in
each classroom;
(e) the area (if any) allotted as a
playground;
(f) the number and type of latrines
to be used in connection with the
school;

(g) provisions for the supply of drink-
ing water;

(h) the hours during which the school
is open;
(i) the full name and address of
every teacher; and

(j) such other information as the
Inspector of Schools may require
for the purpose of making more
complete or explicit the foregoing
particulars.

(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 proprie-
tor shall forthwith furnish the Inspector of
Schools with a supplemental return contain-
ing the correct particulars.

(3) If a private school remains closed
for a longer period than thirty consecutive
days (except for regular holidays, not ex-
ceeding twelve weeks in any one year) the
proprietor shall furnish the Inspector of
Schools with a supplemental return giving







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.

the reasons for the closing of the school and
the period the school is likely to remain
closed, and if subsequently the proprietor
desires to re-open such school, a new return
containing the particulars referred to in sub-
section (1) hereof shall be furnished to the
Inspector of Schools before such school is
re-opened.
(4) In the month of January in each
year every proprietor of a private school
shall furnish the Inspector of Schools with a
return in respect of the previous school year
1st January to 31st December containing the
following particulars:-
(i) the number of sessions during
which the school was opened;
(ii) the number of pupils on the roll
on the 31st December;

(iii) the average attendance for the
school year;
(iv) the percentage of attendance of
the total possible attendances for
the pupils on the roll.

(5) The particulars in respect of pri-
vate schools as required by this Ordinance
shall be recorded by the Inspector of Schools
in a register to be designated "The Private
Schools Register."

Disqualifioa- 33. No person shall be employed in a pri-
teacher. vate school as a teacher or act as a teacher
therein 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.







No. 16 of 1955.


Offences in res-
pect of returns,
and employ-
ment of
teachers.


Closure of
schools not con-
ducted in ac-
cordance with
the law.


The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


34. (1) Any proprietor of a private
school who -

(a) fails to furnish the returns re-
quired by this Ordinance, and in
the manner so required ; or

(b) furnishes a return which he knows
to be false or misleading in a
material particular ; or

(c) knowingly employs as a teacher
any person who is disqualified un-
der section 33 of this Ordinance to
act as such, or permits such person
to act as a teacher,

shall be guilty of an offence and shall be
liable, on summary conviction, to a fine not
exceeding two hundred dollars.

(2) Any person who is disqualified
under section 33 of this Ordinance 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 exceeding two hun-
dred dollars.

35. If the proprietor of a private school
commits any breach of the provisions of this
Ordinance or of any regulations made there-
under, the Inspector of Schools shall give
notice in writing to the proprietor requiring
him to comply with such provisions or to
close down the school within such time as
shall be stated in the notice. If the proprie-
tor fails to comply with such notice, the In-
spector of Schools, with the concurrence of
the Committee, may apply to any Magistrate







No. 16 of 1955.


Inspector of
Schools or his
representative
may visit pri-
vate schools
and make en-
quiries.


The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


for an order for the closure of the school, and
the Magistrate, after hearing the parties, if he
is satisfied that the school is not being con-
ducted in accordance with the provisions of
this Ordinance or of the regulations, may
make such order in the circumstances as he
thinks fit, and the proprietor shall, if he fails
to comply with the order, be guilty of an
offence and shall be liable, on summary con-
viction, to a fine of five dollars for each day
on which he fails to comply with the order.

36. (1) The Inspector of Schools or any
officer of the Department deputed by him in
writing to act as his representative may en-
ter any premises wherein a private school is
being conducted, at any reasonable time
during school hours, for the purpose of mak-
ing enquiries and discharging such duties as
may be imposed on him by this Ordinance or
by any regulations made thereunder.
(2) Every person who -
(a) obstructs or resists the Inspector
of Schools or any such officer in
the performance of his duties; or
(b) wilfully makes any false represen-
tation to the Inspector of Schools
or any such officer; or
(c) wilfully refuses to furnish to the
Inspector of Schools or any such
officer any information which
such person may be required to
furnish by this Ordinance or the
regulations,
shall be guilty of an offence and shall be lia-







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


ble, on summary conviction, to a fine not
exceeding two hundred dollars.
Power of oov- 37. The Governor in Council may make
ernor in Council
to make regula- regulations in respect of the following
tions. matters:
(a) the size of classrooms in private
schools and their equipment, the
number of children that may
occupy each such classroom, and
the necessary latrine conveniences
to be provided ;

(b) for the preservation of health and
the prevention of the spread of
disease among the pupils in pri-
vate schools;
(c) for prescribing the registers and
other records to be kept by pro-
prietors of private schools and
the particulars to be supplied to
the Inspector of Schools by them;
and

(d) generally, for more effectually
carrying out the provisions of this
part of this Ordinance.

PART XII

REGULATIONS

Regulations. 38. The Committee, subject to the ap-
proval of the Governor in Council, shall make
regulations dealing with all or any of the
following subjects:-







No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(a) Primary Education -
(i) the establishment, mainte-
nance, administration, man-
agement and discontinuance
of Government and of assisted
primary schools;
(ii) the inspection and examina-
tion of such schools, and the
curriculum and instruction to
be given therein.
(b) Secondary Education -
(i) the establishment, mainte-
nance and discontinuance of
Government secondary
schools, their policy and ad-
ministration;
(ii) the payment or remission of
pupils' fees ;
tiii) the award, amount and ten-
ure of exhibitions and bursa-
ries and the conditions under
which candidates shall be
examined.
(c) Vocational and Technical Edu-
cation-
the establishment of a system of
vocational and technical educa-
tion.
(d) Teachers-
(i) the training of teachers, their
qualifications and grading;
(ii) the payments of grants to
training colleges and hostels
for students and teachers and
of allowances to students.






No. 16 of 1955. The Education Ordinance, 1955. Saint Christopher
Nevis and Anguilla.


(e) General -

generally for the better carrying
out of the provisions of Parts I
to X inclusive of this Ordinance.

PART XIII

COMMENCEMENT

Commence- 39. This Ordinance shall come into opera-
ment. tion on a date to be appointed by the
Governor by Proclamation published in the
Gazette.


ROBT. L. BRADSHAW
Deputy President.


Passed the Legislative Council this 22nd day of July
1955.


J. S. ARCHIBALD
Clerk of the Council.










Printed for the Government of St. Christopher Nevis by A. M. LOSADA, LTD,
Printers by Authority "The St. Kitts Printery," Fort & Central Streets.
BAaseterre, St, Kitts.











No. 17 of 1955.


The Registration (Amend-
ment) Ordinance, 1955.


Saint Christopher
Nevis and Anguilla.


I Assent,
LS P. D. MACDONALD.

Acting Governor,

8th August, 1955.


Saint Christopher Nevis and Anguilla.

No. 17 of 1955.


An Ordinance to amend further the Registra-
tion Ordinance, 1885.

ENACTED by the Legislature of Saint Chris-
topher Nevis and Anguilla as follows:-


Short Title.
2/1885, 16/1937,
13/1951.



Addition of
new section 2A.


1. This Ordinance may be cited as the Registra-
tion (Amendment) Ordinance, 1955, and shall be
read as one with the Registration Ordinance, 1885,
as amended, hereinafter called the Principal Or-
dinance.

2. After section 2 of the Principal Ordinance
the following section shall be inserted:-


"Deputy Reg-
istrar General
may be
appointed.


Section 14 of
the Principal
Ordinance re-
pealed and
replaced.


2A. It shall be lawful for the Gover-
nor to appoint some fit and proper
person being a government officer in
the Medical and Health Department of
the Presidency to be Deputy Registrar
General of the Presidency, and every
person so appointed shall have the
same powers and be subject to the
same- liabilities as if he were Regis-
trar General."


3. Section 14 of the Principal Ordinance is
hereby repealed and replaced as follows:-








No. 17 of 1955. The Registration (Amendment) Saint Christopherz
Ordinance, 1955. Nevis and Anguilla.


"Notice of the
birth of every
child to be
given to the
Registrar of
the parish.


14. (1) The father of every legitimate
child or the mother if the father be
dead, or if both father and mother be
dead, the possessor or occupier of the
house or of the apartment or of the
dwelling in which such child shall
have been born or the head of the
family or of the household, or of per-
sons residing or being in such house
or apartment or dwelling -and the
mother of every illegitimate child or if
the mother be dead, the possessor or
occupier of the house or of the apart-
ment or of the dwelling in which such
child shall have been born or the
head of the family or of the house-
hold or of persons residing or being
in such house or apartment or dwell-
ing shall within thirty days after the
birth of any child, whether the same
be born alive or be still-born, give or
cause to be given notice of the birth of
such child to the Registrar of the Par-
ish in which such child shall have
been born and such notice shall con-
tain and express the following partic-
ulars: the day of the birth of the
child, the sex of the child, the name
of the child if a name shall have been
given it; if the child be legitimate, the
name of the father and mother and
their respective ages on the day of the
birth of the child as well as the order
of the birth of the child among the
children of the mother; if the child be
illegitimate, the name of the mother,
her age on the day of the birth of the
child and the order of the birth of the
child among the children of the moth-
er; if still-born, such fact to be stated
and in case of any new-born child be-
ing found the person finding the same
or first having charge of such child
shall forthwith give notice and infor-
mation thereof, and of the place
where such new-born child was found
to the Registrar of the Parish.







No. 17 of 1955. The Registration (Amendment) Saint Christopher
Ordinance, 1955. Nevis and Anguilla.


Particulars of (2) When any death shall have
death to be re-
parted to occurred, the possessor or occupier of
Registrar. the house or of the apartment or dwell-
ing in which such death shall have
occurred, or the head of the family or
of the household or of the persons re-
siding or being in such house or apart-
ment or dwelling in which such death
shall have occurred, or the person or-
dering or causing the interment of the
dead body, shall, within five days
after such death, give or cause to be
given to the Registrar of the Parish in
which such death shall have taken
place, notice in writing of such death,
in which shall be stated the residence
of the deceased, together with a certi-
ficate of the cause of death in the form
contained in Schedule E hereto, from
the medical practitioner who shall
have been in attendance during the
last illness and until the death of the
deceased, or in case there has been no
medical practitioner in attendance, a
warrant of interment under the hand
of the Coroner of the district, and the
particulars of such certificate or war-
rant shall, in each case, be entered in
the Registrar's book. In case of the
finding of any dead body, the Coroner
shall forthwith give notice and infor-
mation thereof, and of the place where
the body was found, to the Registrar
of the Parish.

Master or (3) For the purposes of this section,
Keepers of the masters or keepers of the gaol, in-
public or firmarv or other public or charitable
charitable
institutions institution shall be deemed the occu-
deemed occu- piers thereof.
piers thereof.
Penalty. (4) Any person offending against
any of the provisions of this section
shall forfeit and pay a sum not ex-
ceeding twenty-five dollars to be re-
covered as hereinafter mentioned."








No. 17 of 1955.


The Registration (Amendment) Saint Christopher
Ordinance, 1955. Nevis and Anguilla.


Addition of 4. After section 14 of the Principal Ordinance
new section the following section shall be inserted :-
14A.
"Licence to be 14A. No dead body shall be interred
obtained for allnts in any other place than a public ceme-
interments in
places other tery, or burial ground, unless a licence
than public shall be obtained for such interment
cemeteries and from the Registrar of the Parish
burial grounds. where such interment shall take place
and any person offending against the
provisions of this section shall forfeit
and pay a sum not exceeding twenty-
five dollars to be recovered as herein-
after mentioned."


5. After section 15 of the Principal Ordinance
the following section shall be inserted :-


"Registration
of birth after
six month?.


15A. After the expiration of six
months next after the birth of any
child that birth shall not be regis-
tered except with the written autho-
rity of the Registrar General for regis-
tering the same, and except in accor-
dance with any regulations made in
that behalf under section 3 of this
Ordinance, and the fact of such autho-
rity having been given shall be en-
tered on the register."


Amendment of
section 16 of
the Principal
Ordinance.

Section 17 of
the Principal
Ordinance re-
pealed and re-
placed.


6. For the letter "E" occurring in the eleventh
line of section 16 of the Principal Ordinance there
shall be substituted the letter "F".

7. Section 17. of the Principal Ordinance is
hereby repealed and replaced as follows:-


"Rules touch- 17. All the provisions "of this Ordi-
ions amiable nance touching the registering of
to still-born births shall be held to apply to still-
children. born children: Provided that particu-
lars of their birth shall bear no num-
ber and shall be entered on the
register in ink of a different colour
from that by which particulars as
to live births are entered thereon."


Addition of
new section
15A.








No. 17 of 1955.


The Registration (Amend-
ment) Ordinance, 1955.


Saint Christopher
Nevis and Anguilla.


Section 19 of
the Principal
Ordinance
repealed.
Addition of
new section
27A.


Schedule E to
Principal Ordi-
nance renamed
Schedule F.

New Schedule
E inserted in
Principal
Ordinance.


8. Section 19 of the Principal Ordinance is
hereby repealed.

9. After section 27 of the Principal Ordinance
the following section shall be inserted:-

"Power to 27A. The Registrar General may
alter forms, from time to time, with the approval
of the Governor in Council, by order,
alter all or any of the forms contained
in the Schedules to this Ordinance or
in any order made under this section
in such manner as may appear to him
best for carrying this Ordinance into
effect, or prescribing new forms for
that purpose."

10. Schedule E to the Principal Ordinance
shall be renamed Schedule F.


11. After Schedule D to the Principal Ordinance
the following Schedule shall be inserted as
Schedule E:-





6

No. 17 of 1955. The Registration (Amendment) Saint Christopher
Ordinance, 1955. Nevis and Anguilla.


MEDICAL
CEKfIFI-
CATE OF
CAUSE OF
DEATH



No......

Name...........


Residence......



Occupation.....


Sex..............




Age.............

Date of
Death............

Cause of
Death...........

1. (a) ..........

(b) ...........

(c) ...........


.......I


..........19...


"SCHEDULE E.
SP. KITTS NEVIS ANGUILLA
MEDICAL CERrIFICATE of CAUSE of DEATH
No. ........ ..................... Parish
Name................. Residence.....................

Date of Death............ Sex............ Age......

Occupation........... Date of last attendance......


CAUSE OF DEATH


1. Disease or
condition directly
leading to death*


Antecedent causes(
Morbid conditions, if (
any, giving rise to(
the above cause,(
stating the underly- (
ing condition last


(a).....................
due to (or as a
consequence of)

(b)...................
due to (or as a
consequence of)

(c)....... .........


2. Other signifi-
cant conditions con-( .....................
tributing to the (
death, but not rela- (
ted to the disease or (
condition causing it ( .....................

*This does not mean the mode of
dying, e.g., heart failure, asthenia, etc.
it means the disease, injury, or com-
plication which caused death.


Approxi-
mate in-
terval be-
tween on-
set and
death


Date............. M.. MedicalOffcer District
ROBT. L. BRADSHAW
Deputy President.







No. 17 of 1955. The Registration (Amendment) Saint Christopher
Ordinance, 1955. Nevis and Anguilla.


Passed the Legislative Council this 22nd day of July, 1955.


J. S. ARCHIBALD,
Clerk of the Council.





































Printed for the Government of St. Christopher Nevis by A. M. LOSADA, LTD,
Printers by Authority "The St. Kitts Printery," Fort & Central Streets.
Basseterre, St. Kitts.






































S







No. 19 of 1955.


The Slaughter and Exportation
of Livestock and Poultry
(Prohibition) Ordinance, 1955.


Saint Christopher
Nevis and Anguilla.


SI Assent,
P. D. MACDONALD,
Acting Governor
16th September, 1955.


Saint Christopher Nevis and Binguilla.

No. 19 of 1955.


An Ordinance to prohibit the in-
discriminate slaughter and expor-
tation of livestock and the expor-
tation of poultry.

ENACTED by the Legislature of
Saint Christopher Nevis and Anguilla
as follows:-


I. This Ordinance may be cited as
the Slaughter and Exportation of Live-
stock and Poultry (Prohibition) Ordin-
ance, 1955.


Interpretation.


2. In this Ordinance-


"cattle" means hulls, cows, heifers,
calves or steers;


"livestock" means
goats and pigs;


cattle, sheep,


"poultry" includes any cock, hen,
capon, turkey, gander, goose, drake
or duck or the young of the same.


Short Title.







No. 19 of 1955.


The Slaughter and Exportation
of Livestock and Poultry
(Prohibition) Ordinance, 1955.


Saint Christopher
Nevis and Anguilla.


Prohibition of
slaughter of
cattle.


Slaughter of
sheep, goats
and pigs outside
the limits of the
town of Basse-
terre.


3. Except under the authority and in
accordance with the terms of a permit in
writing granted by the Agricultural Sup-
erintendent, the Veterinary Officer, the
Agricultural Officer, an Agricultural
Assistant, an Agricultural Instructor, or
the Manager of the Government Dairy
Farm, no person shall slaughter or cause
to be slaughtered or sell or cause to be
sold for slaughter or purchase or receive
for slaughter-
(a) any cow or heifer except the
same be barren or unsuitable
for breeding; or

(b) any bull for beef which is less
than three years old except
such bull be of a gross weight
of not less than six hundred
pounds; or

(c) any cattle for veal which is
more than twelve weeks old; or

(d) any bull or bull calf having less
than two broad or permanent
teeth or which is suitable for
stud purposes; or

(e) any bullock or steer having less
than two broad or permanent
teeth.

4. No person shall slaughter or cause
to be slaughtered for sale outside the lim-
its of the town of Basseterre any sheep,
goat or pig unless he has in his posses-
sion a police permit obtained in respect of
such livestock from the police officer in







No. 19 of 1955.


The Slaughter and Exportation
of Livestock and Poultry
(Prohibition) Ordinance, 1955.


Saint Christopher
Nevis and Anguilla.


Skins of live-
stock to be
retained after
slaughter of
livestock.


Exportation of
livestock, poul-
try and their
carcases prohi-
bited except
under licence.


















Schedule.


Power of entry.


charge of the Police Station of the dis-
trict wherein such person resides.

5. The skins of all livestock, other
than pigs, slaughtered for sale shall be
retained by the person slaughtering the
same for not less than twenty-four hours
after the slaughter of the said livestock.

6. (I) No livestock or poultry or the
carcase of any livestock or poultry shall
be exported-

(a) from the islands of Saint
Christopher and Nevis to any
place outside the Presidency
except under licence in that
behalf granted by the Adminis-
trator and endorsed by the
Veterinary Officer, or in the
absence of the Veterinary
Officer, by the Agricultural
Superintendent; or

(b) from the island of Anguilla to
any place outside the Presiden-
cy except under licence in that
behalf granted by the Agricul-
tural Officer or an Agricultural
Assistant.

(2) A licence under this section
shall be in the form set forth in the Sche-
dule hereto and shall be subject to such
conditions as may be endorsed thereon
by the person by whom it is issued.

7. It shall be lawful for any person
authorised by the Agricultural Superin-
tendent or the Veterinary Officer or for







No. 19 of 1955. The Slaughter and Exportation Saint Christopher
of Livestock and Poultry Nevis and Anguilla.
(Prohibition) Ordinance, 1955.


any police officer at all reasonable
times to enter upon any premises for the
purpose of ascertaining whether the
provisions of this Ordinance are being
complied with.
Offencesand 8, Any person who fails to comply
Penalty. with any of the provisions of sections
3, 4, 5 and 6 of this Ordinance or
obstructs any authorised person or police
officer in the execution of their duty
under section 7 of this Ordinance shall be
guilty of an offence aid shall be liable
upon summary conviction-

(a) for a first offence, to a fine not
exceeding two hundred and
forty dollars or to imprison-
ment for a term not exceeding
three months, and

(b) for a second or subsequent
offence, to a fine not exceeding
four hundred and eighty dollars
or to imprisonment for a term
not exceeding six months.
Commencement. 9. This Ordinance shall come into
operation on such date as the Governor
shall fix by proclamation published in the
Gazette.
ROBT. L. BRADSHAW
Deputy President.

Passed the Legislative Council this 26th day of
August, 1955.

J. S. ARCHIBALD,
Clerk of the Council.








No. 19 of 1955. The Slaughter and Exportation
of Livestock and Poultry
(Prohibition) Ordinance, 1955.


SCHEDULE


Saint Christopher
Nevis and Anguilla.



(Section 6 (2) ).


The Slaughter and Exportation of Livestock and
Poultry (Prohibition) Ordinance, 1955.

Licence, under the provisions of section 6 of the above
Ordinance and subject to the conditions hereunder written, is
hereby granted to................................................................ .. .
(here insert name, address and description
of licensee)

to export .............................................................. ........ ........

t e o.... ..... .............. ........ *... *...... ......... .....*********************
(here insert number of livestock, poultry, or carcases and
type of livestock to be exported)

from the island of..................................... ..................
(here insert name of island of the Presi-
dency from which the livestock, poultry,
or carcases are being exported)

in the Presidency of Seint Christopher Nevis and Anguilla

to ...........................................* ... ..***.....*......**.**..*
(here insert name of place outside the Presidency to which the
livestock, poultry, or carcases are being exported).


This


day of


. .. ..... ... .............. ......... ......... .' ".
(Signature and official designation of
person granting the licence).



Conditions


Printed for the Government of St. Christopher Nevis by A. M. LOSADA, LTD,
Printers by Authority "The St. Kitts Printery," Fort & Central Streets.
Basseterre, St. Kitts.










I







No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguitia


L I Assent,
P. D. MACDONALD,
Acting Governor.
30th September, 1955.


Saint Christopher Nevis and Anguilla.

No. 21 of 1955.


An Ordinance to provide for the payment of
compensation to workmen for injuries suff-
ered in the course of their employment.

ENACTED by the Legislature of Saint Christo-
pher Nevis and Anguilla as follows :-

Short Tittle 1. This Ordinance may be cited as the Work-
men's Compensation Ordinance, 1955.

Interpretation 2. (1) In this Ordinance, unless the context
otherwise requires-

"dependants" means such of the members of
a workman's family as were wholly or in
part dependent upon the wages of the
workman at the time of his death, or would
but for the incapacity due to the accident
have been so dependent, and where the work-
man, being the parent or grandparent of
an illegitimate child leaves such a child so
dependent upon his wages or, being an
illegitimate child, leaves a parent or grand-
parent so dependent upon his wages, shall
include such an illegitimate child and parent
or grandparent respectively :
Provided that a person shall not be
deemed to be partially dependent on the
wages of another person unless he was









No. 31 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


dependent partially on contributions from
that other person for the provision of the
ordinary necessaries of life suitable for
persons in his class and position;

"employer" includes Her Majesty in Her
Government of the Presidency and any
person or body of persons corporate or
unincorporated and the legal personal repre-
sentative of a deceased employer, and,
where the services of a workman are tempo-
rarily lent or let on hire to another person
by the person with whom the workman has
entered into a contract of service or appren-
ticeship, the latter shall for the purposes of
this Ordinance, save as is provided in sub-
section (1) of section 23, be deemed to
continue to be the employer of the workman
whilst he is working for that other person.

In relation to a person engaged in ply-
ing for hire with any vehicle, the use of
which is obtained by that person under a
contract of bailment (other than a hire
purchase agreement) the person from whom
the use of the vehicle or vessel is so obtain-
ed shall be deemed to be the employer.

In relation to a person, employed for
the purposes of any game or recreation and
engaged or paid by a club, the manager or
members of the managing committee of the
club shall, for the purposes of this Ordi-
nance, be deemed to be the employer ;

"manager" in relation to a ship means the
ship's husband or other person to whom
the management of the ship is entrusted
or by or on behalf of the owner ;

"medical practitioner" means a person regis-
tered to practise medicine and surgery under
the Medical Act, 1937 ; 31/1937


"medical referee" means a medical practitioner








No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


appointed under section 47 as a medical
referee for the purposes of this Ordinance ;

"member of a family"means wife or husband,
father, mother, grandfather, grandmother,
stepfather, stepmother, son, daughter, grand-
son, granddaughter, stepson, stepdaughter,
brother, sister, half brother, half-sister and
shall include any child or children, not
specifically mentioned, living with the
deceased at the time of his death and wholly
or partially dependent on his earnings ; and
such other person as was at the time of the
injury living in the household of the worker
and was wholly or partially dependent on
his earnings;

"partial incapacity" means, where the incapa-
city is of a temporary nature, such incapa-
city as reduces the earning capacity of a
workman in any employment in which he
was engaged at the time of the accident result-
ing in the incapacity, and, where the incapa-
city is of a permanent nature, such incapacity
as reduces his earning capacity in every
employment which he was capable of under-
taking at that time :

Provided that every injury specified in
the Schedule shall be deemed to result in
permanent partial incapacity ;

"ship", "vessel", "seaman" and port" shall
have the same meaning as in the Merchant
Shipping Act, 1894;

"total incapacity" means such incapacity
whether of a temporary or permanent nature,
as incapacitates a workman for all work
which he was capable of performing at the
time of the accident resulting in such inca.
pacity:

Provided that permanent total incapa-
city shall be deemed to result from the








No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


permanent total loss of the sight of both
eyes or from any combination of injuries
specified in the Schedule where the aggre-
gate percentage of the loss of earning capa-
city, as specified in the Schedule against
these injuries, amounts to one hundred per
centum;

"Schedule" means the schedule to this Ordi-
nance;

"section" means a section of this Ordinance;

"Wages" includes any privilege or benefit
which is capable of being estimated in
money, other than a travelling allowance or
the value of any travelling concession or a
contribution paid by the employer of a
workman towards any pension or provident
fund or a sum paid to a workman to cover
any special expenses entailed on him by the
nature of his employment, or remuneration
for overtime not habitually performed or
remunerated at a special rate ;

"workman", subject to the exceptions herein-
after mentioned, means any person who has
entered into or works under a contract of
service or apprenticeship with an employer,
whether by way of manual labour, clerical
work or otherwise, and whether the contract
is expressed or implied, is oral or in writing
and whether the remuneration is calculated
by time or by work done :
Provided that the following persons
shall be excepted from the definition of
workman, that is to say-
(a) any person whose remuneration ex-
ceeds two thousand five hundred
dollars a year or such sum as may
from time to time by Order be fixed
by the Governor in Council;
(b) a person whose employment is of a
casual nature and who is employed








No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


otherwise than for the purposes of
the employer's trade or business, not
being a person employed for the pur-
poses of any game or recreation and
engaged or paid through a club;

(c) an outworker, that is to say, a per-
son to whom articles or materials are
given out to be made up, cleaned,
washed, altered, or ornamented, fin-
ished or repaired or adapted for
sale in his own home or on
other premises not under the control
or management of the person who
gave out the articles or materials ;

(d) a member of the employer's family
dwelling in his house;

(e) members of the Leeward Islands
Police Force, including special and
additional constables ;

(f) a person in the civil employment of
Her Majesty otherwise than in Her
Government of the Presidency, who
has been engaged in a place outside
the Presidency ;

(g) a person in the naval, military or air
service of the Crown.
(2) Any reference to a workman who has been
injured shall, where the workman is dead, include a
reference to his legal personal representative or to his
dependants or other person t whom or for whose
benefit compensation is payable.
(3) If on any proceedings for the recovery of
compensation under this Ordinance it appears to the
court by whom the claim to compensation is to be
settled that the contract of service or apprenticeship
under which the injured person was working at the time
when the accident causing the injury happened, was
illegal, the court may, if having regard to all the circum-
stances of the case it thinks proper so to do, deal with
the matter as if the injured person had at the time








No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


aforesaid been a person working under a valid con-
tract of service or apprenticeship.
COMPENSATION
3. (1) If in any employment a workman suffers Employers'
personal injury by accident arising out of and in the liabilities for
course of such employment his employer shall be liable compensation.
to pay compensation in accordance with the provisions
of this Ordinance :

Provided that where an accident arises out of
employment, it shall be presumed, unless the contrary
is shown, to have occurred in the course of the employ-
ment, and where the accident occurred in the course of
the employment, it shall be presumed unless the
contrary is shown, to have arisen out of the employment :

Provided further that the employer shall not be so
liable under this Ordinance for such compensation
should-

(a) the injury not incapacitate the work-
man whether totally or partially for
a period of at least three consecutive
calendar days ;

(b) the accident be proved to be attri-
butable to the workman's own
serious and wilful misconduct which
shall include :-

( i) his being under the influ-
ence of drugs or intoxicating
drink; or

(ii) a contravention of any law,
regulation or order, whether
statutory or otherwise, ex-
pressly made for the purpose
of ensuring the safety or
health of workmen, or of
preventing accidents to
workmen, if the contraven-
tion was committed deliber-
ately or with a reckless
disregard of the terms of








No 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


such law, regulation or
order; or

(iii) the wilful removal or disre-
regard by the workman of
any safety guard or other
device which he knew to
have been provided for the
purpose of securing the
safety of workmen; or

(iv) any other act or omission
which the court may, having
regard to all the circum-
stances of an accident, de-
clare to be serious and wil-
ful misconduct ;

(c) it be proved that the accident would
not have occurred, or in so far as
the incapacity or death would not
have been caused, but for a pre-exist-
ing diseased or injured condition of
the workman of which the employer
was unaware;

(d) death or incapacity result from
personal injury if the workman has
at any time represented to the
employer that he was not suffering
from that or a similar injury, know-
ing that the representation was false.

(2) An accident resulting in the death or total
and permanent disablement of a workman shall be deemed
to arise out of and in the course of his employment and
the employer shall be liable to pay compensation not-
withstanding that the workman was at the time when
the accident happened acting in contravention of any
statutory or other regulation applicable to his employ-
ment, or of any orders given by or on behalf of his
employer, or that he was acting without instructions
from his employer, if such act was done by the workman
for the purposes of and in connection with his employ-
er's trade or business.








No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


4. An accident happening to a workman in or Accidents hap.
about any premises at which he is for the time being peng while
employed for the purposes of his employer's trade or emergency.
business, shall be deemed to arise out of and in the
course of his employment and the employer shall be
liable to pay compt nation, if the accident happens
while he is taking steps on an actual or supposed
emergency at these premises, to rescue, succour or
protect persons who are, or are thought to be or may
possibly be, injured or imperilled, or to avert or
minimize serious damage to property.

5. Notwithstanding anything in this Ordinance, Employers not
no compensation shall be payable under this Ordinance liable in certain
in respect of any injury directly or indirectly sustained cases.
as a result of war, invasion, act of foreign enemies,
hostilities or warlike operations (whether war is declar-
ed or not) civil war, mutiny, insurrection, rebellion,
revolution, conspiracy or military or usurped power.

6. (1) In every case where injury arising out of Liability of
and in the course of his employment has been sustained employer for
expenses of
by a workman the employer shall irrespective of whether conveyance to
the workman is disqualified for compensation under place of
provision of paragraph (a) of subsection (1) of section treatment and
3 be liable to pay to the workman or to any other xpe osetsof
person advancing the same, the reasonable expenses of treatment.
conveying, where necessary, the injured workman from
the place of the accident to the place of treatment and
thence to his residence.


(2) Where medical treatment or examination
is immediately required as a result of bodily injury
(including fatal injury) to a workman arising out of and
in the course of his employment and the treatment or
examination so required (in this section referred to as
"emergency treatment ") is effected by a medical prac-
titioner, the employer shall irrespective of whether the
workman is disqualified for compensation under the
provisions of paragraph (a) of subsection (1) of section
3 be liable to pay to the practitioner-

(a) a fee prescribed by Regulations made
under this Ordinance in respect of
each workman in whose case the
emergency treatment is effected by









No 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


the practitioner, and

(b) a sum in respect of any distance
which the practitioner must cover
in order to proceed from the
place whence he is summoned to
the place where the emergency treat-
ment is carried out by him and to
return to the first mentioned place,
equal to the travelling allowance
paid by Government to officers in
the employment of Government:

Provided that the minimum
sum to which the medical practition-
er shall be entitled shall not in any
case be less than the amount to which
the practitioner would be entitled
had he travelled a distance of two
miles.

(3) The employer shall, irrespective of whe-
ther the workman is disqualified for compensation
under the provision of paragraph (a) of subsection (1)
of section 3, be liable to pay to the workman or to
any other person providing the same the reasonable
cost, charges and expenses (which shall include travel-
ling expenses necessary as a result of periodic medical
treatment prescribed by a medical practitioner and
also expenses incurred by the workman in establish-
ing his claim to compensation, provided he does so
successfully) in respect of any medical treatment given
to the workman in consequence of any personal injury
sustained by him and arising out of and in the course
of the workman's employment by that employer, such
cost, charges and expenses being adjusted to the
workman's station in life a-nd his actual physical
condition occasioned by the injury.

To whom 7. (1) The compensation shall be payable to or
compensation for the benefit of the workman, or where death results
payable, from the injury, to or for the benefit of his depend-
ants, as provided by this Ordinance.

(2) Where there are both total and partial
dependants nothing in this Ordinance shall be con-








No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


strued as preventing the compensation being allotted
partly to the total and partly to the partial dependants.
8. (1) Subject to the provisions of this Ordi- Amount of
nance, the amount of compensation shall be as follows, compensation.
namely:-
(a) where death results from the injury
and-

( i) the workman leaves a de-
pendant or dependants
wnolly or partially depen-
dent upon his earnings, a
sum equal to forty-two
months' wages or five
thousand dollars whichever
is the less;

(ii) in addition to any sum
payable under the fore-
going paragraph there shall
be payable by the employ-
er the reasonable expenses
(not exceeding sixty dol-
lars) of the burial of the
deceased workman

(b) where permanent total incapacity
results from the injury-

( i) in the case of an adult, a
sum equal to fifty-four
months' wages or six
thousand dollars which-
ever is the less;

(ii) in the case of a minor, a
sum equal to one hundred
and eight months' wages
or six thousand dollars
whichever is the less;

(c) where permanent partial incapacity
results from the injury-


( i) in the case of an injury






11

No 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


specified in the Schedule
such percentage of the
compensation which would
have been payable in the
case of permanent total
incapacity as is specified
therein as being the per-
centage of the loss of
earning capacity caused by
that injury; and

(ii) in the case of an injury
not specified in the Sche-
dule, such percentage of
the compensation payable
in the case of permanent
total incapacity as is pro-
portionate to the loss of
earning capacity perma-
nently caused by the injury :

Provided that such
compensation may be in-
creased having regard to
the nature of the injury
sustained in relation to his
type of work and other
circumstances.

Where more injuries than one are caused by the
same accident, the amount of compensation payable
under this head shall be aggregated, but not so in any
case as to exceed the amount which would have been
payable if total incapacity had resulted from the
injuries ;
(d) where temporary incapacity, whether
total or partial, results from the
injury, a weekly payment payable
as from the eighth day of the inca-
pacity and thereafter weekly during
the incapacity or during a period of
five years, whichever is shorter,
based on the following scale:-
( i) where the workman's
wages are fifty dollars per






12

No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


month or less, eighty per
centum of the full wages
of a month;

(ii) where the workman's
wages exceed fifty dollars
per month but do not ex-
ceed seventy-five dollars
per month, seventy-five per
centum of the full wages
of a month, with a mini-
mun of fifty dollars;

(iii) where the workman's
wages exceed seventy-five
dollars per month but do
not exceed one hundred
dollars per month, sixty-
six and two-thirds per
centum of the full wages
of a month with a mini-
mum of fifty seven dollars;

(iv) where the workman's
wages exceed one hundred
dollars per month, sixty-
six and two-thirds per
centum of the full wages
of a month.
(2) The period of incapacity shall be deemed
to commence on the day of the accident.

(3) In the event of permanent total or per-
manent partial incapacity following temporary inca-
pacity no deduction shall be made from any lump
sum payable in respect of such permanent total or
permanent partial incapacity by reason of weekly
payments having been made during temporary inca-
pacity.

(4) No weekly payment shall in any case
exceed the difference between the amount of the wages
of the workman before the accident and the amount
of such wages as he is earning or is able to earn
during the period of incapacity in some suitable









No. 21 of 1955.


Additional
compensation to
injured work-
man to defray
cost of assist.
ance during
incapacity.


Supplementary
allowances to
workman
entitled to
weekly pay-
ments.


The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


employment or business after the accident.

(5) On the ceasing of the incapacity before
the date on which any weekly payment falls due,
there shall be payable in respect of that period a sum
proportionate to the duration of the incapacity in
that period.

9. (1) Where in the opinion of a medical prac-
titioner a workman's incapacit-y, whether total or
partial is such that he requires the constant assistance
of another person during his incapacity, additional
compensation shall be paid to the workman during such
incapacity at a rate being not less than one-half of
the rate prescribed in section 8.

(2) Before any person is employed to assist
a workman under subsection (1) of this section the
opinion of a medical practitioner shall be sought as to
the nature of the assistance required and the proba-
ble duration thereof.

10 (1) Subject as hereinafter provided, where
any male workman is entitled to a weekly payment
by way of compensation under this Ordinance, he
shall be entitled, for each week in respect of which
he is entitled to the weekly payment-

(a) ?n the case of such a workman who
has a wife who was married to him
at the time of the accident, to a
supplementary allowance in respect
of her at a rate not exceeding one
dollar and twenty cents a week ; and

(b) in the case of such a workman
who has children under the age of
fifteen years, to a supplementary
allowance in respect of each child
(not being an illegitimate child) at
a rate not exceeding one dollar
and twenty cents a week, and in
respect of an illegitimate child
living with the workman at the
time of the accident, at a rate not
exceeding sixty cents a week:







14

No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


Provided that a child who-

(i) has attained the age of
fifteen years; and

(ii) was, when he attained
that age, a child receiving
full-time instruction in a
school,

shall be treated for the pur-
poses of this paragraph as if he
did not attain that age until the
date on which he ceases to be
a child receiving full-time in-
struction as aforesaid or on the
31st day of December next
following the day on which he
attains the age of sixteen years,
whichever is the earlier date.

(2) The total amount of the supplementary
allowances payable in respect of any weekly payment
shall not exceed such sum as would together with
the said weekly payment, amount-

(a) in the case of total incapacity, to
seven-eights of the average weekly
earnings of the workman before
the accident, calculated in like
manner as for the purpose of as-
certaining the weekly payment; or

(b) in the case of partial incapacity, to
seven-eights of the difference be-
tween the amount of the said
average weekly earnings of the
workman before the accident and
the average weekly amount which
he is earning or is able to earn in
some suitable employment or busi-
ness after the accident.

Any reference in this subsection to the average
weekly earnings of the workman before the accident
shall be construed, in a case where the amount of









The Workmen's Compensation
Ordinance, 1955.


Saint Christopher
Nevis and Anguilla


Artificial limbs
and apparatus.


Method of
calculating
wages.


the weekly payment is increased as a result of a
review under section 13, as a reference to the weekly
sum which he would probably have been earning at
the date of the review if he had remained uninjured.

(3) The supplementary allowances shall be
deemed to be part of the said weekly payment for
all purposes except the calculation of the compensation
payable in a case where death results from the injury
and the allowances shall accordingly be payable by
the employer liable to make the weekly payment.

11. (1) Where an accident arising out of and
in the course of his employment has caused the loss
of a limb or other mutilation and the supply of ar-
tificial member or members and apparatus will improve
the earning capacity of an injured workman, such
artificial member or members and apparatus shall be
provided at the expense of the employer and the rate
of compensation payable shall be reduced in propor-
tion to the improvement in earning capacity resulting
from the use of the artificial member or members
and apparatus.

(2) The court may order an employer to pay
for the replacement or repair of artificial member
or members and apparatus damaged as a result of an
accident, arising out oc and in the course of a work-
man's employment by -hat employer.
(3) An employer shall be liable to supply
dental appliances and artificial eyes to a workman
where the necessity arises as a result of any accident
arising out of and in the course of a workman's em-
ployment by that employer.
12. (1) For the purposes of section 8 the
monthly wages of a workman shall be calculated as
follows, namely : -
(a) where the workman has, during a
continuous period of not less than
twelve months immediately pre-
ceding the accident, been in the
service of the employer who is
liable to pay compensation, the
monthly wages of the workman


No. 21 of 1955.









No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


shall be one-twelfth of the total
wages which have fallen due for
payment to him by the employer in
the last twelve months of that
period ;

(b) in other cases, the monthly wages
shall be thirty times the total wages
earned in respect of the last contin-
uous period of service immediately
preceding the accident from the
employer who is liable to pay com-
pensation, divided by the number of
days comprising such period:
Provided that-

( i) where by reason of the
shortness of the time during
which the workman has
been in the employment of
an employer or the casual
nature of the employment,
or the terms of the employ-
ment, it is impracticable at
the date of the accident to
compute a rate of remunera-
tion which would be repre-
sentative of the workman's
average monthly earnings,
regard may be had to the
average monthly amount
which, during the twelve
months previous to the acci-
dent, is being earned by a
person of average diligence
or ability in the same cat-
egory employed at the same
work by the same employer,
or, if there is no such person
so employed, by such a
person in the same category
employed in the same class
of employment and in the
district ;
(ii) where in any case it seems









No. 21 of 1955.


Review of week-
ly payments.


The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


more equitable compensa-
tion may be awarded, having
regard to the earnings of
the workman at the time of
the accident.

(2) A period of service shall, for the purpose
of this section, be deemed to be continuous which has
not been interrupted by the period of absence from
work exceeding fourteen days.

13 (1) Any weekly payment payable under this
Ordinance either under an agreement between the par-
ties or under an order of a court may be reviewed by
a court on the application either of the employer or of
the workman if-
(a) where the review takes place inre
than six months after the acci-
dent, it is claimed and proved that,
had the workman remained unin-
jured and continued in the same
class of employment as that in which
he was employed at the date of the
accident, his average monthly earn-
ings during the twelve months
immediately proceeding the review
would, as a result of fluctuations in
rates of remuneration, have been
greater or less by more than twenty
per cent than his average monthly
earnings during the twelve months
previous to the accident (or if the
weekly payment has been previously
varied on a review during the
twelve months previous to that
review or the last of such reviews),
the weekly payment shall be varied
so as to make it such as it would
have been if the rates of remunera.
tion obtaining during the twelve
months previous to the review had
obtained during the twelve months
previous to the accident;
(b) there has been a change in the con-
dition of the workman, in which









No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


case the application shall be accom-
panied by the certificate of a medi-
cal practitioner, or subject to regu-
lations made under this Ordinance,
an application made without such
certificate.

(2) Any weekly payment may, on review
under this section, subject to the other provisions of
this Ordinance, be continued, increased, decreased or
ended, or if the incapacity is found to have resulted in
permanent incapacity, be converted to the lump sum to
which the workman is entitled.

14. An employer shall not be entitled otherwise Cases in which
than in pursuance of an agreement to end or dimin- employer may
ish a weekly payment except in the following cases :-- paent w y

(1) where a workman in receipt of a weekly
payment in respect of total incapacity has
actually returned to work;

(2) where the earnings of a workman in
receipt of a weekly payment in respect of
partial incapacity have actually been in-
creased by reason of his ability to earn
wages and not by virtue of any change in
the scale of wages ;

(3) where the medical practitioner who has
examined the workman under section 19
or, in his absence, any other medical
practitioner has certified that the work-
man has wholly or partially recovered, or
that the incapacity is no longer due in
whole or in part to the accident, and a
copy of the certificate (which shall set out
the grounds of the opinion of the medical
practitioner) together with notice of the
intention of the employer from the date of
the service of the notice to end the weekly
payment, or to diminish it by such amount
as is stated in the notice, has been served
by the employer upon the workman ;


Provided that-







19

No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


(a) in the last mentioned case, if before
the expiration of ten clear days from
the date of the service of the notice,
the workman sends to the employer
the report of another medical prac-
titioner (which report shall set out
the ground of his opinion) disagree-
ing with the certificate so served by
the employer, the weekly payment
shall not be ended or diminished
except in accordance with such
report, or if and so far as the
employer disputes such report except
in accordance with the certificate
given by a medical referee in pur-
suance of section 48; and

(b) where an application has been made
in pursuance of the said section 48
to refer the dispute to a medical
referee it shall be lawful for the
employer, pending the settlement of
the dispute to pay into court-
(i) where the notice was a
notice to end the weekly
payment, the whole of
each weekly payment be.
coming payable in the
meantime;
(ii) where the notice was a
notice to diminish the
weekly payment, so much
of each weekly payment so
payable as is in dispute;
and the sum so paid into
court shall, on the settle-
ment of the dispute, be
paid to the employer or to
the workman, according to
the effect of the certificate
of the medical referee, or,
if the effect of that certifi-
cate is disputed as in
default of agreement, may
be determined by the court








No. 21 of 1955. The Workmen's Compensation Saint Christopher,
Ordinance, 1955. Nevis and Anguilla


or, on appeal by a Judge
of the Supreme Court;

(c) nothing in this section shall be
construed as authorising an em-
ployer to end or diminish a weekly
payment in any case in which, or to
an extent to which, apart from this
section he would not be entitled to
do so.


15. (1) Compensation payable where the death
of a workman has resulted from an injury shall be paid
into court, and any sum so paid in shall be apportioned
among the dependants of the deceased workman or any
of them in such proportion as the court thinks fit,or
may, in the discretion of the court be allowed to any
one such dependant, and the sum so allotted to any depen-
dant shall be paid to him or be invested, applied or
otherwise dealt with for his benefit in such manner as
the court thinks fit.

(2) Compensation payable where permanent
incapacity has resulted from an injury may be paid
into court and any sum so paid shall be paid to the
person entitled thereto or be invested, applied or othcr-
wise dealt with for his benefit in such manner as the
court thinks fit.

(3) Any other compensation payable under
this Ordinance, may be paid into court and, when so
paid in, shall be paid by the court to the person enti-
tled thereto.

(4) The receipt of the clerk of the court shall
be sufficient discharge in respect of any amount paid in
under the provisions of this Ordinance.

(5) On the payment in of any money under
subsection (1) of this section the court may deduct
therefrom the actual cost of the workman's funeral ex-
penses, to an amount not exceeding sixty dollars and
pay the same to the person by whom such expenses
were incurred, and shall, if it thinks necessary, cause
notice to be published, or to be served on each depen-
dant in such manner as it thinks fit calling upon the


Distribution of
compensation
on death.








No; 21 of 1955. The Workmen's Compensation
Ordinance, 1955.


Workman under
disability.


Saint Christopher
Nevis and Anguilla


dependants to appear before it on such date as it may
fix for determining the distribution of the compensation.
If the court is satisfied, after any inquiry which it may
deem necessary, that no dependant exists, the court
shall repay the balance of the money after deduction of
hospital and other medical expenses incurred to the
employer by whom it was paid. The court shall, on
application by the employer, furnish a statement show-
ing in detail all disbursements made.

(6) Where a weekly payment is payable
under this Ordinance to a workman under any legal
disability, the court may, of its own motion or on applica-
tion made to it in this behalf, order that the weekly pay-
ment be paid during the disability to any dependant of
the workman or to any other person whom it thinks best
fitted to provide for the welfare of the workman.


Variation of
rid.on o (7) Where, on application made to the court
in this behalf or otherwise, the court is satisfied that,
on account of neglect of children on the part of a
parent, or on account of the variation of the circumstan-
ces of any dependant, or for any other sufficient cause, an
order of the court as to the distribution of any sum
paid as compensation or as to the manner in which any
sum payable to any such dependant is to be invested,
applied or other;'!se dealt with, ought to be varied,
the court may ma :e such order for the variation of the
former order as it thinks just in the circumstances of
the case:

Provided that no such order prejudicial
to any person shall be made unless such person has
been given an opportunity of showing cause why the
order should not be made, or shall be made in any case in
which it would involve the repayment by a dependant
of any sum already paid to him.


Deductions for
costs.


(8$ The solicitor or agent of a. person claiming
compensation under this Ordinance shall not be entitled
to recover from him any costs in respect of such claim
or to claim a lien in respect of such costs on, or deduct
such costs from, the sum awarded or agreed as compen-
sation, except such sum as may be awarded by a court,
subject to regulations made under this Ordinance, on
an application made either by the person claiming








No. 21 of 1955. The Workmen's Conpensation
Ordinance, 1955.


compensation, or by his solicitor or agent, to determine
the amount of the costs to be paid to the solicitor or
agent.

16. Save as provided by this Ordinance, no lump
sum or weekly payment payable under this Ordinance
shall be capable of being assigned, charged or attached
or shall pass to any person other than the workman by
operation of law, nor shall any claim be set off against
the same.


Saint Christopher
Nevis and Anguilla


Compensation
not to be as-
signed, attached
or charged.


CONDITIONS OF COMPENSATION.


17. (1) Proceedings for the recovery under this
Ordinance of compensation for any injury shall not be
maintainable unless:-

(a) written or oral notice of the accident
has been given as soon as practica-
ble after the happening thereof;

(b) written or oral notice of the acci-
dent has been given before the
workman has voluntarily left the
employment in which he was in-
jured ;

(c) the claim for compensation with
respect to such accident has been
made within six months from the
occurrence of the accident causing
the injury ;

(d) in the case of death the claim for
compensation has been made with-
in six months after the date of death
or within six months after the date
of the accident;
(e) in the case of death occurring more
than six months after the accident
causing injury, a claim for compen-
sation has been made by the work-
man within six months of the acci-
dent;
Provided that-


Requirements as
to notice of
accident and
claim for com.
pensation.






23

No. 21 of 1955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


( i) any defect or inaccuracy in
such notice shall not be a
bar to the maintenance of
such proceedings if it is
found in the proceedings
for settling the claim that
the employer is not, or
would not, if an amended
notice were then given and
the hearing postponed, be
prejudiced in his defence
by the defect or inaccuracy
or that such defect or in-
accuracy was occasioned
by mistake, absence from
the Colony or other reason-
able cause;

( ii) the failure to make a claim
within the period specified
shall not be a bar to the
maintenance of such pro-
ceedings if it is found that
the failure was occasioned
by absence from the Col-
ony or other reasonable
cause;
(iii) the failure to give such
notice or make a claim
within the period specified
shall not be a bar to the
maintenance of such pro-
ceedings if there be an ac-
knowledgement in writing,
signed by the employer or
his authorized agent, that
he waives compliance with
the provisions of this sec-
tion and the said provi-
sions shall be deemed to
be waived to the extent
set out in such acknow-
ledgement ;
(iv) if the employer or his
authorized agent admits








No. 21 of I955. The Workmen's Compensation Saint Christopher
Ordinance, 1955. Nevis and Anguilla


liability to pay compensa-
tion, it shall not be nec-
essary for the workman to
give any such notice, and
the claim for compensation
may be made within three
months after the date of
the admission of liability;

(v) the want of a notice shall
not be a bar to the main-
tenance of proceedings if
.the employer is proved to
have had knowledge of
the accident from any
other source.
(2) Notice in respect of an injury under this
Ordinance may be given to the employer (or if there
is more than one employer to one of such employers) or
to any foreman or other official under whose super-
vision the workman is employed, or to any person
designated for the purpose by the employer, and shall
give the name and address of the person injured, and
shall state in ordinary language the cause of the injury
and the date at which the accident happened.

(3) The notice, if in' writing, may be given
by delivering the same at or sending it by the post
in a registered letter addressed to the residence or place
of business of the person to whom it is to be given.

(4) Where the employer is a body of persons,
corporate or unincorporated, the notice, if in writing,
may also be given by delivering it or by sending it by
post in a registered letter addressed to the employer, at
the office, or if there be more than one office any one
of the offices of such body.

(5) The workman shall, if required by his
employer, supply to him such further particulars of the
accident and of the injury as the employer may rea-
sonably require.
(6) Any person making a false declaration,
knowing it to be false, for the purpose of obtaining
compensation shall be guilty of an offence against this




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