Barbados

Population Statistics

290,604

Total Population

43,591

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

27 February 2013

Ratified the Convention on the Rights of Persons with Disabilities


Constitution of Barbados (1966, last amended 2006)

Updated: June 2015

Section 13, subsection (1) states:

No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say-…

  • (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community…

 

Section 29, subsection (1) states:

Whenever the office of Governor-General is vacant  or the holder of the office is absent from Barbados or is for any other reason unable to perform the functions of his office, those functions shall be performed-

  • (a) by any person for the time being designated by Her Majesty in that behalf who is in Barbados and able to perform those functions; or
  • (b) at any time when there is no person in Barbados so designated and able to perform those functions, by the holder of the office of Chief Justice; or
  • (c) at any time referred to in paragraph (b) when the office of Chief Justice is vacant or the holder thereof is absent from Barbados or is for any other reason unable to perform those functions, by the President of the Senate.

 

Section 30, subsection (1) states:

Whenever the Governor-General-…

(b) is suffering from an illness that he has reason to believe will be of short duration, he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in Barbados to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in that instrument.

 

Section 41A states:

(6) Whenever a member other than the Chairman is unable, by reason of his illness, or for any other reason, to perform the functions of his office, the Governor-General may in accordance with the manner prescribed by subsection (3) appoint a person to act as a temporary member of the Commission and authorize him to perform the functions of that office.

(7) If the Chairman is unable, by reason of his illness, or for any other reason, to perform the functions of his office, the deputy Chairman shall perform the functions of that office.

 

Section 38, subsection (1) states:

No person shall be qualified to be appointed as a Senator who--…

  • (f) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados…

 

Section 39, subsection (3a) states:

If the circumstances such as are referred to in subsection (1)(e) arise because a Senator is convicted of any offence involving dishonesty, under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator, but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Section 44, subsection (1) states:

No person shall be qualified to be elected as a member of the House of Assembly who…

  • (e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados…

 

Section 45, subsection (2a) states:

If circumstances such as are referred to in subsection (1) (f) arise because a member is convicted of any criminal offence involving dishonesty, under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections or of making a false declaration of qualification and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter…

 

Section 57, subsection (3) states:

Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by subsection (1) or by section 55 or 56, that function may be performed by the Deputy Speaker.

 

Section 67, subsection (1) states:

Whenever the Prime Minister is unable, by reason of his illness or absence from Barbados, to perform the functions of his office, the Governor-General may, by instrument under the Public Seal, authorise any other Minister who is a member of the House of Assembly to perform the functions conferred on the Prime Minister by this Constitution…

 

Section 68, subsection (1) states:

Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from Barbados, to perform the functions of his office, the Governor-General may, by instrument under the Public Seal, appoint a member of the Senate or the House of Assembly to be a temporary Minister and authorise him to perform the functions of that office…

 

Section 79H states:

A Judge may be removed from office only for inability to perform the functions of his office, whether arising from illness or any other cause or for misbehaviour, and shall not be so removed except in accordance with such provisions as are prescribed by law.

 

Section 82 states:

(1) If the office of Chief Justice is vacant or if the holder thereof is performing the functions of the office of Governor-General or is for any other reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the holder thereof has resumed those functions, they shall be performed by such other person, qualified under section 81(2) for appointment as a Judge, as the Governor-General, acting on the recommendation of the Prime Minister, may appoint to act as Chief Justice by instrument under the Public Seal.

(2) If the office of a Justice of Appeal or Judge of the High Court is vacant, or if any such Judge is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office, or if the Chief Justice advises the Governor-General that the state of business of the Supreme Court so requires, the Governor-General, acting in accordance with the advice of the Prime Minister, may, by instrument under the Public Seal, appoint a person qualified under section 81(2) for appointment as a Judge to act as a Judge; and any person so appointed shall continue to act until his appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.

 

Section 89, subsection (6) states:

If the office of an appointed member is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may, by instrument under the Public Seal, appoint a person who is qualified for appointment as an appointed member to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (4) (b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

 

Section 90 states:

(5) If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor- General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

(6) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (3) (b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General acting as aforesaid.

 

Section 91 states:

(5) If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor- General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

(6) If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (3) (b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

 

Section 101, subsection (3) states:

If the office of the Director [of Public Prosecutions] is vacant or if the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Judicial and Legal Service Commission, may appoint a person to act in the office of the Director; and any person so appointed shall, subject to the provisions of subsection (4), continue so to act until a person has been appointed to the office of the Director and has assumed the functions of that office or, as the case may be, the holder thereof has resumed those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

 

Section 102, subsection (2) states:

If the office of Auditor-General is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister, may appoint a person to act in the office of Auditor-General; and any person so appointed shall, subject to the provisions of subsection (3), continue so to act until a person has been appointed to the office of Auditor-General and has assumed the functions of that office or, as the case may be, the holder thereof has resumed those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.

 

Section 117 states:

(3) Any reference in this Constitution to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion or transfer to that office and to power to appoint a person to act in or perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions…

(5) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to perform the functions of any office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of that office was not or is not unable to perform those functions…

 

Excerpts from the Constitution of Barbados (1966, last amended 2006)

Representation of the People Act (1991, last amended 2007)

Updated: June 2015

Section 8 states:

A person is disqualified from being registered as an elector and shall not be so registered if he

  • (a) is a person found or declared to be a person of unsound mind or a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness by virtue of any enactment…

 

Section 32, subsection (2) states:

Where at any time between the issue of a writ and the declaration of the result of the election the returning officer dies or becomes incapable of performing his functions as such, the election clerk, where only one such clerk has been appointed or the senior election clerk, where more than one such clerk has been appointed, shall forthwith report the fact to the Commission and shall perform the functions of the returning officer until some other returning officer is appointed or the returning officer ceases to be incapable of performing his functions, as the case may be.

 

Section 33, subsection (3) states:

Where any presiding officer dies or becomes incapable of performing his functions during the taking of the poll, the poll clerk, where only one such clerk has been appointed, or the senior poll clerk, where more than one such clerk has been appointed, shall report the fact to the Supervisor of Elections and shall, until some other person is appointed as presiding officer by the Supervisor of Elections, perform the functions of the presiding officer and may appoint some other person to act as poll clerk.

 

Section 43A, subsection (2) states:

Where, after the appointment of a polling agent but before the opening of a poll, a polling agent becomes incapable of carrying out his duties, a new polling agent shall be appointed and the name of the new polling agent shall thereupon be submitted to the Returning Officer for the constituency in which the poll is to be held.

 

Section 68, subsection (3) states:

Without prejudice to the generality of paragraphs (a) and (f) of subsection (1) and subsection (2), regulations [by the Commission] made with respect to the matters therein mentioned may contain provisions…

  • (d) as to the evidence which shall or may be required or deemed sufficient or conclusive evidence of a person being subject to any physical incapacity and as to its probable duration…

 

Second Schedule, section 22, subsection (4) states:

If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

 

Second Schedule, section 30, subsection (1) states:

The presiding officer shall, on the application of

  • (a) a voter who is incapacitated by blindness or other physical cause from voting in a manner directed by these rules; or
  • (b) a voter who declares orally that he is unable to read, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter and the ballot paper to be placed in the ballot box.

 

Excerpts from the Representation of the People Act (1991, last amended 2007)

Statistics Act (1979, last amended 1984)

Updated: June 2015

Section 9 states:

An enumerator may, on the taking of the census, require census information to be furnished--…

  • (d) by the person in charge of every district hospital, house of the aged and infirm, orphanage, hostel, and other institutions with respect to all persons who are permanent members of those institutions.


Section 21 states:

Where an applicant is unable to read, the enumerator shall read over to him, and where practicable in the presence of another person, the contents of his registration record card before the person's signature or mark is affixed thereto and witnessed.

 

Excerpts from the Statistics Act (1979, last amended in 1984)