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Jul 17

No. 18 of 2013. Integrity in Public Life Act, 2013. Saint Christopher and Nevis.

No. 18 of 2013. Integrity in Public Life Act, 2013. Saint Christopher

and Nevis.

ARRANGEMENT OF SECTIONS
Section
PART I – PRELIMINARY MATTERS
1. Short title and commencement.
2. Interpretation.
3. Application of Act.
PART II – CODE OF CONDUCT AND DECLARATION OF INTEREST
4. Code of Conduct for public offi cials.
5. Declaration of interest.
6. Contents of declaration.
7. Blind trusts.
8. Examination of declaration by Commission.
9. Request for further particulars.
10. Commission may require attendance of public offi cial.
PART III – INTEGRITY COMMISSION
11. Establishment of Commission.
12. Disqualifi cation from membership.
13. Tenure of, and removal from, offi ce.
14. Resignation of members.
15. Vacancy in membership of Commission.
16. Disciplinary Tribunal.
17. Publication in the Gazette.
18. Functions of the Commission.
19. Meetings and proceedings of Commission.
20. Secretary to the Commission.
21. Staff of the Commission.
PART IV – INVESTIGATORY POWERS OF THE COMMISSION
22. Powers of the Commission to summon witnesses.
23. Inquiry into the accuracy of declarations.
24. Powers of Commission’s investigators.
25. Application for, and issuing of, investigation direction.
26. Non-suspect not to object to supplying information, etc.
PART V – OFFENCES
27. Abuse of offi ce.
28. Misconduct and neglect of duty.
29. Offence of obstruction etc.
30. Failure to furnish information.
31. Prosecutions.
32. Deductible income tax expenses.
PART VI – FUNDS OF THE COMMISSION
33. Funds of the Commission.
34. Estimates of the Commission.
35. Accounts and audit.
36. Annual reports.
PART VII – MISCELLANEOUS PROVISIONS
37. Matters to be referred to the Director of Public Prosecutions.
38. Findings of Commission.
39. Indemnity.
40. Secrecy and confi dentiality.
41. Information not to be communicated to unauthorized persons.
42. Oath.
43. Regulations.
…………………………………………..Schedules

SAINT CHRISTOPHER AND NEVIS
No. 18 of 2013
AN ACT to make provision for a Code of Conduct and declarations of interest for
public offi cials; for the offences of abuse of offi ce, misconduct and neglect of duty; and in
that connection to make provision for the establishment of the Integrity Commission, its
powers and functions, and to provide for related or incidental matters.
[Published 24th September 2013 Extra-Ordinary Gazette No. 48 of 2013]
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and
consent of the National Assembly of Saint Christopher and Nevis, and by the authority of
the same as follows:
PART I – PRELIMINARY MATTERS
1. Short title and commencement.
(1) This Act may be cited as the Integrity in Public Life Act, 2013.
(2) This Act shall come into force on such date as the Minister may, by Order, appoint:
Provided that different provisions of the Act may be brought into force at different
dates.
2. Interpretation.
In this Act, unless the context otherwise requires,
“Commission” means the Integrity Commission established by section 11;
“declaration” means a declaration fi led pursuant to the provisions of section 5;
“Disciplinary Tribunal” means a Tribunal appointed pursuant to the provisions of
section 16;
“interest in relation to property” means
(a) a legal or equitable interest in the property; or
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Integrity in Public Life Act, 2013 – 18.
(b) a right, power or privilege in connection with the property;
“Minister” means the Minister responsible for justice and legal affairs;
“property” means any land and any interest in land, money, stock, bonds, shares
or any other movable, immovable, corporeal or incorporeal things having
economic value whether situated in St. Kitts and Nevis or elsewhere and
includes any rights, privileges, claims, securities and any interest therein and
all proceeds thereof;
“public body” includes:
(a) the National Assembly, Cabinet and Cabinet Committees;
(b) a Ministry or Department of Government;
(c) a corporation established by an Act of Parliament for a public purpose or as
a subsidiary company of that corporation registered under the Companies
Act;
(d) a bank or company owned by the State or in which the State has a
controlling interest;
(e) a commission, statutory board, public authority or other body of any
description, whether its members are paid or unpaid;
“public offi cial” means an offi cial specifi ed in the First Schedule.
3. Application of Act.
This Act shall apply to a public offi cial as defi ned by the provisions of this Act.
PART II – CODE OF CONDUCT AND DECLARATION
OF INTEREST
4. Code of Conduct for public offi cials.
(1) A public offi cial shall observe, abide and conduct himself or herself in accordance
with the Code of Conduct set out in the Second Schedule to this Act.
(2) A public offi cial shall, within the prescribed period of taking offi ce, sign a copy of
the Code of Conduct.
(3) The signed copy of the Code of Conduct of the public offi cial shall be kept by the
Commission.
5. Declaration of interest.
(1) A person who, on or after the coming into force of this Act, is a public offi cial
shall, within a period to be prescribed by Order, complete and fi le a declaration with the
Commission of his or her income, assets, liabilities, and private interests, and thereafter the
public offi cial shall in each succeeding year that he or she continues to be a public offi cial
fi le further declarations of his or her income, assets, liabilities, and private interests.
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Integrity in Public Life Act, 2013 – 18.
(2) The declaration shall be in such form as may be prescribed, and the signed
declaration may be made available for inspection only where the Commission is of the
opinion that it is in the public interest to do so.
(3) The Minister may, by regulations made under this Act, prescribe persons who
occupy specifi c posts in the public service to complete and fi le declarations pursuant to the
provisions of this section.
6. Contents of declaration.
(1) A declaration required under this Act shall include particulars of the declarant’s
(a) income;
(b) assets;
(c) liabilities;
(d) private interests; and
(e) gifts in cash or kind that are received by himself or herself, his or her spouse
or his or her dependent children.
(2) Where a public offi cial holds money or other property in trust for or jointly with
another person, he or she shall so state in his or her declaration, but shall not be required to
disclose the terms of the trust.
(3) For the purposes of a declaration fi led under this Act, the income, assets, liabilities,
and private interests of a public offi cial include the income, assets, liabilities, and private
interest acquired, held or incurred by his or her spouse or by another person as his or her
agent or on his or her behalf.
(4) Where, in a declaration fi led with the Commission, a public offi cial discloses an
income which is insuffi cient to support the accretion in value of the net assets disclosed so
as to raise an inference that there must have been other income to account for the extent of
the acquisition of such assets, the public offi cial shall be deemed to have been in possession
of such income which has not been disclosed and the onus shall be on the public offi cial to
establish the source of that further income.
7. Blind trusts.
(1) A person in public life may place his or her assets or part thereof in a blind trust
for the purposes of this Act and shall fi le a copy of the trust deed with the Commission.
(2) Where the assets of a person in public life are placed in a blind trust, he or she
need not in his or her declaration give more particulars of those assets than the amount and
description of the assets placed in that trust and the date of so doing.
(3) A blind trust is created if a person in public life enters into an agreement with a
qualifi ed trust company whereby
(a) all or part of his or her assets are conveyed to the trust company for its
management, administration and control in its absolute discretion without
recourse or report to the benefi ciary entitled to those assets;
(b) income derived from the management of the assets is to be distributed to him
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Integrity in Public Life Act, 2013 – 18.
or her as agreed;
(c) conversion of assets into other assets are not to be communicated to him or
her, until he or she ceases to be a person in public life; and
(d) after he or she ceases to be a person in public life proper and full accounting
is to be made to him or her, as the circumstances of the management of the
trust require.
(4) A trust company is a qualifi ed trust company if
(a) it is incorporated in Saint Christopher and Nevis and is carrying on business
in Saint Christopher and Nevis;
(b) no more than ten percent of the issued shares in the trust company or its affi liates
is held by the person in public life entering into an agreement with it, or by
any other person associated with him or her; and
(c) the person in public life holds no directorship or offi ce in the trust company
or its affi liate.
(5) For the purpose of this section, a person is associated with another person where
that other person is
(a) the spouse or child of the person;
(b) the partner of the person in a professional, trade or commercial undertaking;
or
(c) a corporation, and any person specifi ed in paragraph (a) or (b) controls the
corporation or a corporation affi liated with either.
(6) For the purpose of this section, a company is the affi liate of another company where
that company holds more than fi ve percent of the issued shares in the other company or
where that company holds more than ten percent of the issued shares in the fi rst mentioned
company.
8. Examination of declaration by Commission.
(1) The Commission shall examine every declaration furnished to it and may request
from the person in public life any information or explanation relevant to a declaration made
which, in the opinion of the Commission, would assist it in its examination.
(2) Where, upon an examination carried out pursuant to the provisions of
subsection (1), the Commission is satisfi ed that a declaration has been fully made, the
Commission shall publish a certifi cate in the Gazette, which certifi cate shall be in the form
set out in the Fifth Schedule.
9. Request for further particulars.
The Commission may require a person in public life to fi le such further particulars
relating to his or her fi nancial affairs as the Commission considers necessary for the purposes
of section 8.(1) within one month or any longer period as specifi ed of any such request from
the Commission.
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Integrity in Public Life Act, 2013 – 18.
10. Commission may require attendance of public offi cial.
(1) The Commission may, upon examination of a declaration fi led pursuant to section
5, require a person in public life to appear before the Commission at a specifi ed time to be
heard on any matter relating to the declaration.
(2) A person in public life who is required to attend the Commission may
(a) be accompanied and represented by an attorney-at-law, a certifi ed accountant
or both; and
(b) require the Commission to summon witnesses.
(3) The Commission shall not make any adverse decision without giving the person
in public life an opportunity to be heard.
(4) Where, upon examination of the relevant documents, the Commission is satisfi ed
that a declaration has been fully made and all questions satisfactorily answered, the
Commission shall, pursuant to section 8.(2), publish the certifi cate in the Gazette.
PART III – INTEGRITY COMMISSION
11. Establishment of Commission.
(1) There is established a Commission to be known as the Integrity Commission.
(2) The Commission shall consist of:
(a) a Chairperson who shall be a retired Judge or an attorney-at-law of at least
fi fteen years standing, appointed by the Governor-General acting in his or her
own deliberate judgment;
(b) two other persons appointed by the Governor-General after consultation with
the Prime Minister and the leader of the Opposition as follows:
(i) one member appointed on the recommendation of the Prime Minister; and
(ii) one member appointed on the recommendation of the Leader of the
Opposition.
(3) A person appointed to the Commission shall be a person of high integrity, capable
of exercising competence, diligence, sound judgment and impartiality in fulfi lling his or
her duties pursuant to the provisions of this Act.
(4) Any vacancy arising in the composition of the Commission shall be fi lled in the
same manner as set out in subsection (2) above within thirty days of any such vacancy
arising.
12. Disqualifi cation from Membership.
(1) A person shall not be qualifi ed to be appointed as a member of the Commission if
that person:
(a) is a person in public life or is otherwise exercising a public function;
(b) has, at any time during the three years preceding the date of appointment, been
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Integrity in Public Life Act, 2013 – 18.
a person in public life or a public servant;
(c) has, at any time during the fi ve years immediately preceding the date of
appointment, held offi ce in a political party; or
(d) would otherwise be disqualifi ed, in accordance with the Constitution, to be a
member of the National Assembly.
13. Tenure of, and removal from, offi ce.
(1) A member of the Commission shall be appointed by instrument in writing and
shall, subject to the provision of this Part, hold offi ce for a period not exceeding fi ve years
and shall be eligible for re-appointment.
(2) A member shall be removed from offi ce by the Governor -General if the question
of his or her removal from offi ce has been referred to a Disciplinary Tribunal appointed
pursuant to the provisions of section 16.(1) and the Disciplinary Tribunal has recommended
to the Governor – General that he or she ought to be removed for inability or unwillingness
to discharge the functions of his or her offi ce or for misbehaviour or other good cause.
14. Resignation of Members.
(1) A member of the Commission, other than the Chairperson, may, at anytime, resign
his or her offi ce by giving one month’s notice in writing addressed to the Governor-General
and transmitted through the Chairperson.
(2) The Chairperson may, at any time, resign his or her offi ce by giving three months’
notice in writing addressed to the Governor-General.
15. Vacancy in membership of Commission.
A vacancy in the membership of the Commission shall occur
(a) on the absence of a member from three consecutive meetings of the
Commission, unless that absence is approved by the Chairperson in writing;
(b) at the expiration of fi ve years from the date of the appointment of a member;
(c) on the death, resignation or revocation of the appointment, of a member;
(d) if the member is appointed as a public servant;
(e) if the member is nominated as a candidate for election as a representative in
the National Assembly or is appointed a Senator in the National Assembly;
(f) if a member otherwise becomes a public offi cial.
16. Disciplinary Tribunal.
(1) Where the Governor – General, after consultation with the Prime Minister and
the Leader of the Opposition, considers that the question of removing a member of the
Commission ought to be investigated, the Governor – General shall appoint a Disciplinary
Tribunal which shall consist of one person being either a Judge of the High Court or an
attorney at law of fi fteen years standing.
(2) The Disciplinary Tribunal shall inquire into the matter and report on the facts
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Integrity in Public Life Act, 2013 – 18.
thereof to the Governor-General and recommend to him or her whether the member should
be removed from offi ce.
(3) The Disciplinary Tribunal appointed under the provisions of subsection (1) shall
give the member an opportunity to show cause why he or she should not be removed from
offi ce.
(4) Where the question of removing a member has been referred to a Disciplinary
Tribunal under this section, the Governor-General, after consultation with the Prime Minister
and the Leader of the Opposition, may suspend the member from the exercise of the functions
of his or her offi ce pending the hearing and determination of the matter.
(5) A suspension may, at any time, be revoked by the Governor-General and shall in any
case cease to have effect if the Disciplinary Tribunal recommends to the Governor-General
that the member should not be removed.
17. Publication in the Gazette.
The appointment, resignation, revocation, removal or the death of a member of the
Commission shall be published in the Gazette.
18. Functions of the Commission.
(1) The Commission shall
(a) receive, examine and retain all declarations fi led pursuant to the provision of
this Act;
(b) make such inquiries as it considers necessary in order to verify or determine
the accuracy of any declarations fi led pursuant to this Act.
(c ) without prejudice to the provisions of any other enactment, conduct an
investigation into any allegation of bribery or act or corruption under this Act
referred to it by any person;
(d) perform such other functions as may be required pursuant to the provisions of
this Act or any other enactment.
(2) The Commission shall not, in the exercise of its functions under this Act, be subject
to the control or direction of any person or authority.
19. Meetings and Proceedings of Commission.
(1) The Commission shall meet at such times as may be expedient for the Commission
to carry out its functions.
(2) A quorum of the Commission shall be two.
(3) The proceedings of the Commission shall not be affected by any vacancy amongst
any of its members or by any defect in the appointment of any member.
20. Secretary to the Commission.
(1) There shall be a Secretary to the Commission who shall be a public servant.
(2) The duties of the Secretary shall be:
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Integrity in Public Life Act, 2013 – 18.
(a) to attend meetings of the Commission;
(b) to record the minutes of each meeting in proper form; and
(c) generally to perform duties connected with the work of the Commission and
as directed by the Commission.
21. Staff of the Commission.
(1) Subject to the provisions of subsection (4), the Commission may, to the extent and
on the conditions it considers necessary to carry out its functions,
(a) employ staff, whether full or part time; and
(b) engage on contract professional, technical or other assistance.
(2) The Commission shall ensure that members of its staff appointed to undertake
investigations are qualifi ed to do so effectively
(a) by virtue of previous employment; or
(b) after undergoing suitable training.
PART IV – INVESTIGATORY POWERS OF THE COMMISSION
22. Powers of the Commission to summon and examine witnesses.
(1) The Commission shall, in the performance of its function to investigate complaints,
have the powers, rights and privileges of the High Court at a trial, in respect of
(a) enforcing the attendance of witnesses and examining them on oath, affi rmation
or otherwise;
(b) compelling the production of documents; and
(c ) the issue of a commission or request to a witness abroad.
(2) Section 15 of the Commissions of Inquiry Act shall apply mutatis mutandis for the
purposes of subsection (1).
(3) The form for summons of the attendance of a witness or any other person or the
production of documents shall be in Form I as set out in Schedule III.
23. Inquiry into the accuracy of declarations.
(1) The Commission may, in accordance with the provisions of this section, inquire
into the accuracy of fullness of a declaration fi led with it if the Commission considers it
necessary or expedient to so inquire.
(2) Where the Commission considers it necessary or expedient to inquire into the
accuracy or fullness of a declaration fi led with it, the Commission shall designate one or more
of its staff to conduct an inquiry to verify the contents of a declaration or other statement
fi led with the Commission.
(3) For the purpose of any inquiry under this section, an investigator may, subject
to subsection (4), request in writing that the public offi cial or any other person who the
investigator reasonably believes has knowledge of the matters to be inquired into
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Integrity in Public Life Act, 2013 – 18.
(a) attends before the investigator to give such information as he or she may require
to satisfy himself or herself that he or she is in possession of all material facts;
or
(b) furnish such information or documents as would assist him or her in verifying
the declaration.
(4) An inquiry shall not be commenced after fi ve years from the date when the person
in respect of whose declaration the inquiry is being conducted ceased to be a public offi cial.
(5) Where, based on the report submitted by the investigator to the Commission pursuant
to the inquiry, the Commission has reasonable cause to believe that a breach of any of the
provisions of this Act may have been committed, the Commission shall refer the matter to
the Director of Public Prosecutions for further action.
24. Powers of Commission’s Investigators.
(1) The Commission may, in the performance of its function to investigate complaints,
require, by notice in writing, any person to supply information to it or produce a document
or thing.
(2) An investigator may, upon production of his or her Offi cial Identifi cation Card if
so required, enter premises occupied or used by a public authority for the purpose of
(a) searching for documents kept on the premises;
(b) inspecting documents or other things kept on the premises; and
(c) taking copies of relevant documents found on the premises.
(3) The public authority concerned shall make available to the investigator any facilities
necessary to enable the investigator to exercise his or her powers under subsection (2).
(4) The investigator may seek a warrant for the purpose of entering private premises
where the investigator reasonably suspects that it is necessary in furtherance of the
investigation.
(5) Upon being granted the warrant pursuant to the provisions of subsection (4), the
investigator may enter the premises referred to in subsection (4) for the purpose of
(a) searching for documents kept on the premises;
(b) inspecting documents or other things kept on the premises;
(c) taking copies of documents found on the premises; and
the provisions of subsection (3) shall apply to the owner or occupier of the premises.
25. Application for, and issuing of, investigation direction.
(1) Where, based upon an inquiry conducted pursuant to section 23, the Commission
has reasonable grounds to believe that a public offi cial is in possession of property
disproportionate to his or her present or past known sources of income or assets and for
which there is no reasonable explanation, the Commission shall issue a report to the Director
of Public Prosecution of its fi ndings.
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Integrity in Public Life Act, 2013 – 18.
(2) Where, based on examination of the report submitted pursuant to subsection (1),
the Director of Public Prosecutions has reasonable grounds to believe that an investigation
into the assets and income of the public offi cial is necessary, he or she may, on behalf of
the Commission, apply to a Judge in Chambers for the issuing of an investigation direction
pursuant to subsection (3).
(3) An application referred to in subsection (2) shall be made ex parte and shall be in
writing and shall include
(a) the public offi cial to be indentifi ed;
(b) the grounds referred to in subsection (2) on which the application is made;
(c) full particulars of all the facts and circumstances alleged in support of the
application;
(d) the basis for believing that evidence relating to the grounds on which the
application is made will be obtained through the investigation direction.
(e) whether any previous application has been made for the issuing of an
investigation direction in respect of the same public offi cial to be investigated
and if such previous application exists, the current status of that application;
and
(f) the period for which the investigation is required.
(4) A Judge in Chambers may, upon an ex parte application made to him or her in
terms of subsection (2), issue an investigation direction.
(5) An investigation direction may only be issued if the judge concerned is satisfi ed
that
(a) there has been compliance with the provision of subsection (3);
(b) on the facts alleged in the application concerned, there are reasonable grounds
to believe that the public offi cial to whom the application relates maintains a
standard of living above that which is commensurate with his or her present
or past known sources of income or assets or is in control or possession of
pecuniary resources or property disproportionate to his or her present or past
known sources of income or assets;
(c) such investigation is likely to reveal information, documents or things which
may afford proof that such a standard of living is maintained through the
commission of corrupt activities or the proceeds of unlawful activities or that
such pecuniary resources or properties are instrumentalities of corrupt activities
or the proceeds of unlawful activities.
(6) An investigation direction
(a) shall be in writing;
(b) shall indicate the identity of the public offi cial;
(c) shall specify the period for which it has been issued;
(d) may specify condition of restrictions relating to the conducting of the
investigation; and
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Integrity in Public Life Act, 2013 – 18.
(e) may be issued in respect of any place in Saint Christopher and Nevis or
elsewhere.
(7) Subject to subsection (8), an application shall be considered and an investigation
direction issued without any notice to the public offi cial to whom the application applies
and without hearing such person.
(8) Where a previous investigation application has been issued in respect to a public
offi cial, the Director of Public Prosecutions may only apply for a further direction in respect
of the public offi cial on the same facts after giving reasonable notice to the public offi cial
concerned.
(9) A Judge considering an application may require the Director of Public Prosecutions
to furnish such further information as he or she deems necessary.
(10) Pursuant to subsection (9), any person from whom a book or document has been
taken, as long as it is in the possession of the Commission, may at his or her request be
allowed, at his or her own expense and under the supervision of the Commission, to make
copies thereof or to take extracts therefrom at any reasonable time.
(11) The law regarding privilege as applicable to a witness summoned to give evidence
in a criminal case in a magistrate’s court shall apply in relation to the questioning of a suspect
or any person referred to in subsection (2) but that such a person shall not be entitled to
refuse to answer any question upon the ground that the answer would tend to expose him
or her to a criminal charge.
(12) No evidence regarding any questions and answers contemplated in
subsection (10) shall be admissible in any criminal proceedings except where the person
concerned stands trial on a charge contemplated pursuant to the provisions of this Act.
(13) Subject to any directions, conditions or restrictions determined by the judge
under subsection (5) the provisions of the Magistrate Code of Procedure Act relating to the
conducting of an investigation and the execution of a warrant in terms of those provisions
shall apply, with the necessary changes, in respect of an investigation conducted in terms
of subsection (9).
(14) Any person who
(a) obstructs or hinders the Investigatory Tribunal in conducting the investigation
or any other person in the performance of his or her functions in terms of this
section; or
(b) when he or she is asked in terms of subsection (9) for information or an
explanation relating to a matter within his or her knowledge, refuses or fails
to give that information or explanation or gives information or an explanation
which is false or misleading, knowing it to be false or misleading,
commits an offence, and shall be liable, on conviction, to a fi ne of ten thousand dollars or
to a term of imprisonment not exceeding one year or both.
26. Non-suspects not to object to supplying information, etc.
(1) A person, other than a suspect, may not object to supplying information, document
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Integrity in Public Life Act, 2013 – 18.
or thing pursuant to the provisions of section 24.(1) on the grounds that it might tend to
incriminate him or her.
(2) If objection is made, and such objection does tend to incriminate the person, then
neither the fact that the requirement was made nor the statement, document or thing supplied
may be mentioned or used in any proceedings against that person.
(3) In this section, “suspect” means a person whom the investigator reasonably believes
to have committed an offence under this Act, whether or not the person has been charged
with that offence.
PART V – OFFENCES
27. Abuse of offi ce.
(1) A public offi cial commits an offence of abuse of offi ce if he or she
(a) seeks or accepts personal or private benefi t for himself or herself or a member
of his or her family or a person associated with him or her, whether or not the
benefi t places him or her under an obligation to the person giving or offering
the benefi t;
(b) uses public funds or resources for private purposes, including party political
purposes;
(c) fails to act impartially, or gives undue preferential treatment to a person or
group of persons;
(d) misuses information acquired in the course of his or her duties;
(e) acts in a way that allows or might reasonably be thought to allow, a confl ict
of interest to arise between the public duties and private interests of the public
offi cial;
(f) interferes in, or seeks to infl uence, otherwise than as part of his or her duty,
the appointment, promotion, suspension, demotion or dismissal of a public
offi cial or other person;
(g) induces or encourages another public offi cial to act contrary to the Code of
Conduct.
(2) A public offi cial who is convicted of an offence pursuant to the provisions of
subsection (1) shall be liable, on conviction, to a fi ne not exceeding thirty thousand dollars
or to imprisonment for a term not exceeding fi ve years.
28. Misconduct and neglect of duty.
A public offi cial who misconducts himself or herself or neglects to perform his or her
duties to such a degree as to amount to an abuse of public trust in the offi ce holder, commits
an offence, and shall be liable, on conviction, to a fi ne not exceeding twenty thousand dollars
or to imprisonment for a term not exceeding two years.
29. Offence of obstruction etc.
A public offi cial or any other person who
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Integrity in Public Life Act, 2013 – 18.
(a) obstructs or fails to assist an investigator who is duly authorised to carry out
the powers conferred on him or her under sections 23.(2) and 24; or
(b) gives false or misleading information to the investigator or the Commission;
commits an offence and shall be liable, on conviction, to a fi ne not exceeding fi fteen thousand
dollars or to a term of imprisonment not exceeding two years.
30. Failure to furnish information.
(1) A person who fails, without reasonable cause, to furnish to the Commission a
declaration or further particulars thereof which he or she is required to furnish in accordance
with the provisions of this Act commits an offence, and shall be liable, on conviction, to a
fi ne not exceeding thirty thousand dollars or to a term of imprisonment not exceeding fi ve
years.
(2) A person who aids, abets or facilitates another person in the commission of an
offence under subsection (1) commits an offence and shall be liable, on conviction, to the
same penalty as provided for in subsection (1).
(3) Where the offence under subsection (1) involves the non-disclosure of property
acquired by the public offi cial while he or she was still a public offi cial, the Court may,
if satisfi ed that such property was acquired but not declared as required under this Act, in
addition to the penalty specifi ed under subsection (1),
(a) where the property involved is situated in Saint Christopher and Nevis declare
that it be forfeited to the State; or
(b) where the property involved is situated outside Saint Christopher and Nevis,
order that an amount equivalent to the value of property, be paid by the person
in public life to the State.
(4) Any property acquired from a person referred to under subsection (3) by a bona fi de
purchaser for value without notice of any offence by that person shall not liable to forfeiture,
but an amount equivalent to the value of the property or the price paid by the purchaser,
whichever is the greater, shall be paid by the public offi cial to the State.
(5) The payments of all sums due to the Sate pursuant to the provisions of
subsection 3 (b) or subsection (4) may be enforced as a debt due and owing to the State and
any proceedings thereon on behalf of the State may be taken.
31. Prosecutions.
No prosecution for an offence under this Part, other than an offence committed under
section 30.(1), may be instituted after fi ve years from the date when the public offi cial in
respect of whose declaration or fi nancial affairs the alleged offence was committed, ceased
to be a public offi cial.
32. Deductible income tax expenses.
For the purpose of the Income Tax, all outgoings and expenses reasonably incurred in
an income year by a person in public life in connection with the preparation of a statutory
declaration required to be furnished for the purposes of this Act are deemed to be incurred
by him or her wholly, exclusively and necessarily in the production of his or her income
for that year of income.
14
Integrity in Public Life Act, 2013 – 18.
PART VI – FUNDS OF THE COMMISSION
33. Funds of the Commission.
The funds of the Commission shall consists of funds as may, from time to time, be
appropriated by Parliament and other moneys as may be lawfully received by or made
available to the Commission for the purposes of this Act.
34. Estimates of the Commission.
(1) The Commission shall, on or before the 15th day of September of each year, submit
to the Minister for his or her approval, its estimates of expenditure in respect of the next
fi nancial year.
(2) For the purpose of this part “fi nancial year” means the period January 1st to
December 31st of each year.
35. Accounts and Audit.
The Commission shall keep proper accounts of receipts, payments, assets and liabilities,
and those accounts shall be audited annually by the Director of Audit or such other Auditor
appointed by the Governor-General for that purpose.
36. Annual Reports.
(1) The Commission shall, in each year and at such time as the Minister shall direct,
prepare and forward to the Minister a report of its activities during the previous fi nancial
year, including a statement of its accounts audited in accordance with section 31.
(2) A copy of the report together with the auditor’s report shall be laid before the
National Assembly.
PART VII – MISCELLANEOUS PROVISIONS
37. Matters to be referred to the Director of Public Prosecutions.
(1) Where the Commission is satisfi ed, on the basis of an enquiry conducted pursuant
to the provisions of section 23 that
(a) a breach of any of the provisions of this Act has been committed, it shall take
such action as it deems fi t; or
(b) an offence has been committed, it shall
(i) forthwith refer the matter to the Director of Public Prosecutions together
with a certifi ed copy of the declaration in question and a report of its
fi ndings;
(ii) forward to the Governor-General a report of its fi ndings.
(2) Where the Commission determines that the subject matter of an enquiry under
section 23 is
(a) under investigation by the police or that a charge has been laid; or
(b) the subject matter of any proceedings in a court of law;
15
Integrity in Public Life Act, 2013 – 18.
the Commission shall hold its own enquiry in abeyance, pending the fi nal disposition of that
investigation and the proceedings.
38. Findings of Commission.
Where, from an inquiry made pursuant to the provisions of section 23, the Commission
fi nds that a declarant had in fact made full disclosure in his or her declaration, publish a
statement to that effect in the Gazette and in a local newspaper.
39. Indemnity.
Where, upon an inquiry having been made, the Commission fi nds that the declaration
which gave rise to the inquiry was in fact full and proper, the public offi cial shall be entitled
to full indemnity and shall be reimbursed from the Consolidated Fund for all expenses
reasonably incurred by him or her in connection with the investigation as may be determined
by the Commission.
40. Secrecy and confi dentiality.
(1) The declaration fi led with the Commission and the records of the Commission in
respect of those declarations are secret and confi dential and shall not be made public.
(2) Subsection (1) shall not apply where a particular declaration or record is required
to be produced for the purpose of, or in connection with any court proceedings against, or
inquiry in respect of a declarant under this Act, the Commission of Inquiry Act or perjury
under the Perjury Act.
41. Information not to be communicated to unauthorized persons.
(1) A person who is a member of the Commission or performs any function in the service
or as an employee of the Commission shall treat all declarations or information relating to
such declarations as secret and confi dential and shall not disclose or communicate to any
unauthorized person or allow any such person to have access to any such declarations or
information.
(2) A person who contravenes the provisions of subsection (1) commits an offence
and shall be liable, on summary conviction, to a fi ne of ten thousand dollars or to a term of
imprisonment not exceeding one year or both.
(3) An authorised person who publishes information which comes to his or her
knowledge pursuant to the provisions of subsection (1) to an unauthorized person commits
an offence and shall be liable, on summary conviction, to a fi ne of ten thousand dollars or
to a term of imprisonment not exceeding one year or both.
(4) For the purpose of this section, an unauthorized person is a person other than a
person authorised to receive information
(a) under this Act in relation to the fi nancial affairs of a public offi cial; or
(b) by reason of an order of a Judge or the High Court.
42. Oath.
16
Integrity in Public Life Act, 2013 – 18.
Members of the Commission and staff of the Commission shall not enter upon the
duties of their offi ce until they have taken the oath of allegiance, oath of offi ce and oath of
secrecy as may be prescribed.
43. Regulations.
The Minister may generally make regulations to give effect to the provisions of this Act.
FIRST SCHEDULE
(Section 2)
1. Members of the National Assembly
2. Ministers of Government
3. Speaker of the National Assembly
4. Heads of Diplomatic Missions of St. Kitts and Nevis accredited to any country or
any international organisation.
5. Commissioner of Police, Superintendent of Prisons, Head of the Armed Forces.
6. Parliamentary Secretaries
7. Permanent Secretaries
8. Assistant Secretaries
9. Heads of Department in Government Ministries
10. Solicitor General and Legal Offi cers employed in the public service above the level
of Grade K40
11. Chairpersons and Board members of statutory bodies
12. Directors and Managers of majority state-owned or controlled banks or other fi nancial
institutions or Companies
13. Director of Audit
14. Chairpersons and Executive Members of Political Parties
15. Declared candidates for political parties.
SECOND SCHEDULE
Section 4
CODE OF CONDUCT
PART 1 – GENERAL PRINCIPLES
1. A public offi cial has the duty to take all necessary action to comply with the provision
of this Code.
17
Integrity in Public Life Act, 2013 – 18.
2. A public offi cial should carry out his or her duties in accordance with law, and with
lawful instructions and ethical standards which relate to his or her functions.
3. A public offi cial should act in a politically neutral manner and should not attempt to
frustrate the lawful policies, decisions or citations of a public authority.
4. A public offi cial has the duty to serve loyally, the lawfully constituted national, local
or regional authority.
5. A public offi cial shall be honest, impartial and effi cient and shall perform his or her
duties to the best of his or her ability with skill, fairness, understanding, having regard
only for the public interest and the relevant circumstances of the case.
6. In the performance of his or her duties a public offi cial shall not act arbitrarily to the
detriment of any person, group or body and shall have regard for the rights, duties and
proper interest of all others.
7. A public offi cial shall not allow his or her private interest to confl ict with his or her
public position. It shall be the responsibility of the public offi cial to avoid such confl icts
of interest, whether real, potential or apparent and where such confl icts are unavoidable,
to fully explain the confl ict to any public offi cial above that person or where the confl ict
is in relation to a Minister of Government, to Cabinet.
8. A public offi cial shall not take advantage of his or her position for his or her private
interest.
9. A public offi cial shall always conduct himself or herself in such a way that the public’s
confi dence and trust in the integrity, impartiality and effectiveness of the public service
are preserved and enhanced.
10. Having due regard for the right of access to offi cial information, a public offi cial shall
have a duty to treat appropriately with all necessary confi dentiality all information
and documents acquired by him or her in the course of, or as a result of, his or her
employment.
11. A public offi cial who believes that he or she is being required to act in a way which is
unlawful, improper, unethical, which involves maladministration, or which is otherwise
inconsistent with this Code, should report the matter in accordance with the law.
PART II – CONFLICT OF INTEREST
12. A confl ict of interest arises from a situation in which a public offi cial has a private
interest which is such as to infl uence, or appear to infl uence, the impartial and objective
performance of his or her offi cial duties.
13. A public offi cial private interest includes any advantage to himself or herself, to his or
her family, close relatives, friends and persons or organization with whom he or she
has had business or potential relations. It also includes any liability whether fi nancial
or work relating thereto.
14. Since the public offi cial is usually the only person who knows whether he or she is in
that situation, he or she has a personal responsibility to
18
Integrity in Public Life Act, 2013 – 18.
(a) be alert to any actual or potential confl ict of interest;
(b) take steps to avoid such confl ict;
(c) disclose to his or her superiors any such confl ict as soon as he or she becomes
aware of it;
(d) comply with any fi nal decision to withdraw from the situation or to divest himself
or herself of the advantage causing the confl ict.
15. Whenever required to do so, a public offi cial should declare whether or not he or she
has a confl ict of interest.
PART III – INCOMPATIBLE OUTSIDE INTERESTS
16. A person in public life shall not engage in any activity or transaction or acquire any
position or function whether paid or unpaid, that is incompatible with or detracts from
the proper performance of his or her duties as a public offi cial. Where it is not clear
whether an activity is compatible, he or she should seek advice from the Commission.
17. A public offi cial shall comply with any lawful requirement to declare membership of,
or association with, organisation that could detract from his or her proper performance
of his or her duties as a person in public life.
PART IV – POLITICAL OR PUBLIC ACTIVITY
18. Subject to respect for fundamental and constitutional rights, a public offi cial shall ensure
that none of his or her political activities or involvement or political or public debates
impairs the confi dence of the public and his or her employers in his or her ability to
perform his or her duties impartially and loyally.
19. In the exercise of his or her duties, a public offi cial shall not allow himself or herself
to be used or his or her offi ce to be used for partisan political purposes.
20. A public offi cial shall comply with any restrictions on political activity lawfully imposed
on certain persons in public life by reason of his or her position or the nature of his or
her duties.
PART V – REACTION TO IMPROPER OFFERS
21. If a public offi cial is offered an undue advantage he or she should take the following
steps to protect himself or herself
(a) refuse the undue advantage;
(b) try to identify the person who made the offer;
(c) avoid lengthy contacts with the person who made the offer;
(d) if the gift cannot be refused or returned to the sender, it should be preserved, but
handled as little as possible;
(e) obtain witnesses if possible, such as colleagues working nearby;
(f) prepare as soon as possible a written record of the attempt, preferably in an offi cial
notebook;
19
Integrity in Public Life Act, 2013 – 18.
(g) report the attempt as soon as possible to the Commission;
(h) continue to work normally, particularly on the matter in relation to which the undue
advantage was offered
PART VI– SUSCEPTIBILITY TO INFLUENCE BY OTHERS
22. A public offi cial should not allow himself or herself to be put in a position of obligation
to return a favour to any person or body, nor should his or her conduct in his or her
offi cial capacity or in his or her public life make him or her susceptible to the improper
infl uence of others.
23. The public offi cial should not seek to infl uence for private purposes any person or body
including other public offi cials by using his or her offi cial position or by offering them
personal advantages.
PART VII– INFORMATION HELD BY PUBLIC AUTHORITIES
24. Having respect to the framework provided by any law with respect to access to
information held by a public authority, a public offi cial shall not disclose information
in accordance with the rules and requirements applying to the authority by which he or
she is employed.
25. The public offi cial should take appropriate steps to protect the security and confi dentiality
of information for which he or she is responsible or for which he or she becomes aware.
26. The public offi cial should not seek access to information which it is inappropriate for
him or her to have and he should not make improper use of information which he or
she may acquire in the course of, or arising from his or her employment.
27. Equally, a public offi cial has a duty not to withhold offi cial information that should
properly be released and a duty not to provide information which he or she knows or
has reasonable grounds to believe is false or misleading.
28. This Code shall form part of the terms of employment of a public offi cial and shall be
observed as terms of employment.
THIRD SCHEDULE
(Section
22)
FORMS
20
Integrity in Public Life Act, 2013 – 18.
FORM I
INTEGRITY IN PUBLIC LIFE ACT NO. 18 of 2013
SUMMONS TO WITNESS BEFORE THE INTEGRITY COMMISSION
A, B, Complainant
C, D, (name of public offi cial alleged to be in breach of the Code of Conduct)
To: E, G, of
…………………………………………………………………………………
Whereas a complaint has been made before the Integrity Commission that C, D, (state
concisely the substance of the complaint) and it has been made to appear to the Commission
that you are likely to give material evidence on behalf of the Complainant/person in public
life in this behalf:
This is to require you to be and appear at ……………………………………… o’clock
on the ………………………………….. Day of ………..……………………., 20……. At
……………………………………….. before the Commission in the said place, to testify
what you know concerning the matter of the said complaint.
D a t e d t h i s … … … … … … . d a y o f
…………………….20….

_____________________________
Chairperson of Integrity Commission
FOURTH SCHEDULE
(Section
5.(2))
21
Integrity in Public Life Act, 2013 – 18.
INTEGRITY IN PUBLIC LIFE ACT NO. 18 of 2013
DECLARATION OF ASSETS, LIABILITIES AND INCOME
Declaration of assets and liabilities at ………………………………………………………
………..
(Declaration Date)
and of income for the period of twelve months (or other period where appropriate) ending
on that date.
NOTE:
(a) Where any property is held by the declarant, declarant’s spouse or the
declarant’s child or children in trust for any other person, this should be
indicated by a note to that effect.
(b) The declaration date should be the date as at which pursuant to section 13
the declaration is to be made.
(c) Where the space in this Form is inadequate a separate sheet of paper may be
used and signed by the declarant.
PARTICULARS OF DECLARANT’S CHILDREN

Date
PARTICULARS OF ASSETS HELD BY DECLARANT,
SPOUSE AND CHILDREN
Name of Declarant
Name of Declarant’s Spouse
Address of Declarant
Address of Declarant’s Spouse
Signature of Declarant
22
Integrity in Public Life Act, 2013 – 18.
BANKS ACCOUNTS
1. TO BE SUPPORTED BY BANKS STATEMENT OR LETTER FROM BANK
CONFIRMING BALANCES.
Name and Address of Banks In whose Name held Balance in Account

2. CASH IN EXCESS OF ……………………………. DOLLARS HELD
OTHER THAN IN BANK BY DECLARANT, SPOUSE AND CHILDREN.
Where held In whose Name held Amount

3. BONDS, STOCKS, SHARES, AND SIMILAR INVESTMENT INCLUDING ANY
SUCH PROPERTY OVER WHICH A RIGHT OF DISPOSITION RESIDES IN THE
23
Integrity in Public Life Act, 2013 – 18.
DECLARANT, SPOUSE AND CHILDREN.
No. and Organization in In whose name Face value C o s t o f
acquisition
Description which held held where known or
market value

______________________
Signature of Declarant
Date: ___________________
4. IMMOVABLE PROPERTY (e.g. HOUSE, LAND AND FARM BUILDINGS)
HELD BY DECLARANT, SPOUSE AND CHILDREN
Description
General Vol. Fol. Where In whose Purchase price Estimated current
situated name held market value

_________________________
Signature of Declarant
Date: __________________
5. MONIES INVESTED IN MORTGAGE OR BUSINESS VENTURE
(INCLUDING CROPS AND LIVESTOCK) BY DECLARANT, SPOUSE AND
CHILDREN
Type of In whose Amount invested Terms Interest rate Annual
Income
Investment name in project
24
Integrity in Public Life Act, 2013 – 18.

6. PARTICULARS OF MOTOR VEHICLES OWNED BY, OR ON HIRE FOR
ANY PERIOD TO, OR ON HIRE FOR ANY PERIOD TO, OR ON LOAN FOR
A PERIOD IN EXCESS OF TWO MONTHS TO THE DECLARANT, SPOUSE
OR CHILDREN
Description Owner’s Name Age of Vehicle Terms of Hireage Purchase
Price
(if hired)

7. VALUES HELD IN SAFETY DEPOSIT BOXES BY DECLARANT, SPOUSE
AND CHILDREN
Where held Owner’s name Contents $ Value

8. INSURANCE POLICIES HELD BY DECLARANT, SPOUSE AND
CHILDREN
Insurance Type of Date Date Name of Annual Face
Surrender Company Policy Insured maturity Insured Premium Value
Value

25
Integrity in Public Life Act, 2013 – 18.

9. ANY OTHER PROPERTY OWNED BY DECLARANT, SPOUSE AND
CHILDREN
Description Owner’s Name By whom being In what capacity Estimate
held being held

10. OTHER PROPERTY OWNED BY DECLARANT, SPOUSE AND CHILDREN
BEING HELD BY A PERSON OTHER THAN OWNER, WHETHER IN TRUST
OR OTHERWISE.
Description Owner’s Name By whom being In what capacity
Estimated held being held
Market
Value

_________________________
Signature of Declarant

Date: ___________________
11. PARTICULARS OF INCOME FROM ALL SOURCES OF DECLARANT,
SPOUSE AND CHILDREN (INCLUDING PERQUISITES SUCH AS HOUSE,
ENTERTAINMENT ALLOWANCES, RENTAL, etc.)
Type of Income Recipient’s Name Source Gross Amount for
period under review
26
Integrity in Public Life Act, 2013 – 18.
12. PARTICULARS OF LIABILITIES (INCLUDING GUARANTEES) OF
DECLARANT, SPOUSE AND CHILDREN
CERTIFICATE FROM CREDITORS OR PARTY TO WHICH GUARANTEE
GIVEN SHOULD BE PROVIDED
Nature of Liability Person Liable To whom Liable Amount
______________________
Signature of Declarant
Date: ___________________
13. PARTICULARS OF ANY PROPERTY ACQUIRED OR DISPOSED OF BY
DECLARANT, SPOUSE AND CHILDREN DURING PERIOD OF 12 MONTHS
OR OTHER PERIOD WHERE APPROPRIATE) ENDING ON …………………
Description of Acquisition of Cost of Acquisition Price of Disposal
Property Disposal
27
Integrity in Public Life Act, 2013 – 18.

I do solemnly and sincerely declare that the particulars given by me herein are, to the best
of my knowledge, true, accurate and complete and I hereby authorize my bankers and/or
other fi nancial advisors to provide such information to the Commission as may be reasonably
requested by the Commission to verify the contents of this Declaration
______________________
Signature of Declarant
Date: ____________________
Signed at …………………………………………………………………………
This …………………….day of…………………….before ………………………………
Commissioner of Oaths
FIFTH SCHEDULE
Section 8.(2)
FORM III
INTEGRITY IN PUBLIC LIFE ACT NO. 18 of 2013
28
Integrity in Public Life Act, 2013 – 18.
CERTIFICATE OF COMPLIANCE
The Integrity Commission certifi es that it has examined the declaration fi led with the
Commission and is satisfi ed that full disclosure has been made by (Name and address of
Declarant) in accordance with the Act.
Dated this day of 20….
C h a i r p e r s o n , I n t e g r i t y
Commission

CURTIS A MARTIN
Speaker
Passed by the National Assembly this 9th day of September, 2013.
JOSÉ LLOYD
Clerk of the National Assembly

 

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