No. 856

PARLIAMENTARY ELECTION ACT 1978

Sections 32 and 33

NOMINATION PROCEDURE

1. Nomination day for Constituency 31 Southampton West Central is Tuesday 4th November 2008.

2. For the information of prospective candidates at the forthcoming bye-election and the public generally, sections 32 and 33 of the Parliamentary Election Act 1978, and section 5 of that Act, are reproduced as below:-

Nomination of Candidates

32 (1) The Returning Officer shall attend at eleven o'clock in the forenoon on the nomination day appointed by the writ of election at the election room appointed for the parliamentary election and shall there until one o'clock in the afternoon, but no later, accept nominations of candidates in accordance with subsection (2).

(2) The Returning Officer shall accept the nomination of a person as a candidate if, and shall not accept such nomination unless -

(a) the nomination of that person is written on a separate paper (hereinafter referred to as a nomination paper) in the prescribed form or is, in the opinion of the Returning Officer, substantially in that form;

(b) the nomination paper is signed in duplicate by two parliamentary electors whose names are included in the parliamentary register for the constituency concerned, one as proposer and one as seconder, neither of whom has proposed or seconded the nomination of another candidate at that parliamentary election;

(c) the intended candidate is described in the nomination paper by his full name;

(d) the nomination paper is delivered in duplicate to the Returning Officer either by the intended candidate or by his proposer or seconder at the place and between the hours specified in subsection (1);

(e) in the case of concurrent parliamentary elections in more than one constituency, the intended candidate is nominated as a candidate in no other constituency and in the case of a bye-election is not already a member of the House of Assembly or a member of the Senate.

(f) the intended candidate or someone on his behalf has deposited in the Consolidated Fund the sum of two hundred and fifty dollars and in proof thereof delivers or causes to be delivered to the Returning Officer an official receipt therefore signed by the Accountant General or an authorized officer of his Department, showing that such sum has been deposited for the purposes of that person's candidature at that parliamentary election; and

(g) the nomination paper is signed by the intended candidate to denote his acceptance of candidature in the constituency and no other.

(3) Where a candidate is endorsed by a political party and wishes to have the name of that party shown in the election documents relating to him, there shall be delivered to the Returning Officer along with his nomination paper a letter from or on behalf of the chairman of the party stating that the candidate is endorsed by the party, and a candidate in respect of whom the provisions of this subsection are satisfied is in this Act referred to as a "party candidate".

(4) A candidate in respect of whom the provisions of subsection (3) are not satisfied (in this Act referred to as an "independent candidate") shall be described in the election documents relating to him by the word "independent".

(5) It shall not be necessary for a nomination paper to be subscribed in the presence of the Returning Officer.

(6) At the time an intended candidate's nomination paper is lodged with the Returning Officer or at some time before the polling day, the Returning Officer shall be informed in writing of the names of the persons (hereinafter referred to as "election agents" or "agents") who will represent him, or where he is a party candidate, the party endorsing him, in the election room in accordance with paragraph (2) of rule 4 of the Rules contained in the Schedule.

(7) The Registrar shall make arrangements to supply nomination papers in the prescribed form free of charge to parliamentary electors at his office during the period commencing with the first day on which a notice of a parliamentary election is published pursuant to section 30 and ending with the nomination day and shall furnish the Returning Officers with stocks of such forms for use at the election rooms during the nomination period; but any failure to make such arrangements shall not affect the validity of any parliamentary election and the use of the prescribed forms shall not be obligatory, so however that each nomination paper actually used is substantially in the form prescribed.

Uncontested elections

33 Where at the close of the period for the acceptance of nomination of candidates at a parliamentary election in a constituency only one person is duly nominated as a candidate for the vacancy to be filled at that election, the Returning Officer shall forthwith declare such duly nominated person to be elected and shall return his name, into the office of the Deputy Governor with the writ of election duly completed and signed by him.

Qualification for election

5 (1) A person may be elected as a member of the House of Assembly for a constituency if -

(a) he is qualified and not disqualified under sections 29 and 30 of the Constitution; and

(b) his nomination as a candidate has been duly accepted by the Returning Officer for that constituency pursuant to section 32.

(2) For the purposes of section 30(1)(e) of the Constitution a person is disqualified for membership of the House of Assembly if he is disqualified from being elected as such a member under section 71 of this Act.

Dated this 29th day of October, 2008

Parliamentary Registrar

No. 857

THE PARLIAMENTARY ELECTION ACT 1978

Section 26A(1)(b)

NOTICE OF PUBLICATION OF

PARLIAMENTARY REGISTER

SOUTHAMPTON WEST CENTRAL

BYE-ELECTION

Notice is given that, in accordance with section 26A(1)(b) of the Parliamentary Election Act 1978, copies of the Parliamentary Register for Southampton West Central constituency are available for inspection at the Parliamentary Registry, Valerie T. Scott Building, 60 Reid Street, Hamilton, and at the Southampton Post Office, the Hamilton Post Office, Perot Post Office and the Bermuda Library.

Objections to the registration of any person whose name is entered on the Parliamentary Register must be delivered to the Parliamentary Registrar not later than seven days after the publication of this notice. The ground for such objections must be in writing and accompanied by a deposit of five dollars ($5).

Objections by a person that his name has been irregularly omitted from the register or that particulars relating to his name are incomplete or inaccurate must be delivered to the Parliamentary Registrar not later than seven days after the publication of this notice. The ground for such objections must be in writing and accompanied by a deposit of five dollars ($5).

Parliamentary Registrar

Dated this 29th day of October, 2008

NO. 858

PARLIAMENTARY ELECTION ACT 1978

NOTICE TO VERIFY ENTITLEMENT TO VOTE

Pursuant to my powers as Parliamentary Registrar and in accordance with section 4 of the Parliamentary Election Act 1978 (Entitlement to Vote) and with section 55(1) of the Bermuda Constitution Order 1968 (Qualification of Electors), the following persons whose names appear in the Parliamentary Register of Constituency # 31 Southampton West Central, are persons whose registered address in that constituency and/or whose residence in Bermuda must be verified.

NOTICE IS HEREBY GIVEN TO ALL PERSONS WHOSE NAMES APPEAR IN THIS NOTICE THAT THEY ARE REQUIRED WITHIN 7 DAYS OF THE PUBLICATION OF THIS NOTICE TO CONTACT THE PARLIAMENTARY REGISTRAR AT THE PARLIAMENTARY REGISTRY IN ORDER TO SATISFY THE REGISTRAR THAT THEY ARE ORDINARILY RESIDENT IN BERMUDA AND RESIDENT IN CONSTITUENCY #31, SOUTHAMPTON WEST CENTRAL.

Full Name Address CC

Aghovia 10 Turtle Bay Lane 31

Robin Lucia Southampton SN 01

Barlow 3 Port Royal Gardens 31

Janet Susan Southampton SN 01

Blanchette 6 South Road 31

Ramon Southampton SN 01

Burgess 3 Granaway Lane 31

Mika Chanelle Southampton SB 04

Fraser 7 Monkey Hole Lane 31

Venetia Millicent Southampton SB 02

Gaade 1 Admiral Walk 31

Nicole Jane Southampton SN 01

Gomez 17 St. Anne's Road 31

Sheila Eliza Southampton SN 01

Kaulbach 12 Constable Close 31

Suzanne Elizabeth Southampton SB 04

Knight 33 St. Anne's Road 31

Elizabeth Madeline Southampton SN 01

Latham 17 St. Anne's Road 31

Cecil O'Brian Southampton SN 01

Latham 17 St. Anne's Road 31

Evelyn June Southampton SN 01

Leighton 6 Cedar Hurst Place 31

Benjamin Joby Southampton SB 04

Leighton 6 Cedar Hurst Place 31

Hannah Victoria Southampton SB 04

Leighton 6 Cedar Hurst Place 31

Peter Greig Southampton SB 04

Minugh 4 Monkey Hole Lane 31

Ann Elizabeth Southampton SB 02

Muat 1 Rockaway Lane 31

Carol Lynne Southampton SB 02

Richardson 21 Southampton Road 31

Felix Leon Adolphus Southampton SB 04

Richardson 10 Hilltop Drive 31

Yusef Oma Steven Southampton SN 01

Simmons 1 Rockaway Lane 31

Troy Sinclair Southampton SB 02

Frith-Black 1 Hilltop Court 31

Kuni Marie Southampton SN 01

Moulder 12 Jennings Bay Road 31

Judith-Ann Maria Southampton SB 04

Oliveira 12 Homestead Lane 31

Kevin Edward Southampton SB 04

Parliamentary Registrar

Dated this 29th day of October 2008

NO. 859

APPOINTMENT OF MARRIAGE OFFICER

Pursuant to the provisions of The Marriage Act 1944, the Minister of Energy, Telecommunications & E-Commerce, on the 14th day of October 2008, licensed Rev. Paul S. Voisin CR as a Marriage Officer, thereby enabling him to perform marriage ceremonies in Bermuda for the period October 14, 2008 to September 1, 2011.

NO. 860

APPOINTMENT OF MARRIAGE OFFICER

Pursuant to the provisions of The Marriage Act 1944, the Minister of Energy, Telecommunications & E-Commerce, on the 14th day of October 2008, licensed Rev. Stewart J. Lamont as a Marriage Officer, thereby enabling him to perform marriage ceremonies in Bermuda for the period November 17, 2008 to January 31, 2009.

NO. 861

APPOINTMENT OF MARRIAGE OFFICER

Pursuant to the provisions of The Marriage Act 1944, the Minister of Energy, Telecommunications and E-Commerce, on the October 25, 2008 licensed Rev. Basil Patrick Yarde as a Marriage Officer, thereby enabling him to perform a marriage ceremony in Bermuda on October 25, 2008 only.

NO. 862

CLEAN AIR ACT

NOTICE OF INTENTION TO

CONSTRUCT A CONTROLLED PLANT

Pursuant to Part II of the Clean Air Rules 1993, application has been made to the Environmental Authority for a permit to construct a controlled plant as follows:

NAME OF APPLICANT

Dr. Leonard Teye-Botchway

ADDRESS OF THE PROPOSED CONTROLLED PLANT

6 Hidden Cove Lane

Hamilton Parish CR 04

DESCRIPTION OF PROPOSED CONTROLLED PLANT

One 50 kw emergency diesel generator with silencer to provide interim electrical supply during power outages.

This application is available for inspection at the Department of Environmental Protection during normal working hours. Any person wishing to object to the proposed plant may, within 14 days of the date of this publication, lodge their objection with the Department of Environmental Protection, 169 South Road, Paget DV 04. Letters of objection must state the name and address of the objector; the grounds of the objection; whether the objector has an interest in land near to that which the application relates; and be signed by the objector.

DATE: 31 October 2008

NO. 863

CLEAN AIR ACT

NOTICE OF INTENTION TO

CONSTRUCT A CONTROLLED PLANT

Pursuant to Part II of the Clean Air Rules 1993, application has been made to the Environmental Authority for a permit to construct a controlled plant as follows:

NAME OF APPLICANT

Bermuda Aquarium Museum & Zoo

ADDRESS OF THE PROPOSED CONTROLLED PLANT

40 North Shore Road Flatts

Hamilton Parish FL 04

DESCRIPTION OF PROPOSED CONTROLLED PLANT

One 100 kw emergency diesel generator with silencer to provide interim electrical supply during power outages.

This application is available for inspection at the Department of Environmental Protection during normal working hours. Any person wishing to object to the proposed plant may, within 14 days of the date of this publication, lodge their objection with the Department of Environmental Protection, 169 South Road, Paget DV 04. Letters of objection must state the name and address of the objector; the grounds of the objection; whether the objector has an interest in land near to that which the application relates; and be signed by the objector.

DATE: 31 October 2008

NO. 864

ACTING APPOINTMENT

MINISTRY OF ENERGY,

TELECOMMUNICATIONS and E-COMMERCE

REGISTRAR GENERAL

Mrs. Thelma Trott, Assistant Registrar General (Vital and General) has been appointed to act as Registrar General for the period from Wednesday October 22nd to Monday 27th October, 2008 inclusive.

Kenneth S. Dill

Head of the Civil Service

NO. 865

ACTING APPOINTMENT

MINISTRY OF LABOUR, HOME AFFAIRS

& HOUSING

PERMANENT SECRETARY

Mr. Wayne Smith has been appointed to act as Permanent Secretary for the period of 29th October - 6th November, 2008, inclusive.

Kenneth S. Dill

Head of the Civil Service

NO. 866

ACTING APPOINTMENT

CONSTITUTION OF BERMUDA

DIRECTOR OF PUBLIC PROSECUTIONS

His Excellency the Governor has been pleased to appoint Mr. Michael J. McColm, Deputy Director of Public Prosecutions, to act as the Director of Public Prosecutions from the 26th October 2008 to 31st October, 2008 or until his return.

Mark Capes

Deputy Governor

NO. 867

CONSTITUTION OF BERMUDA

In accordance with section (19)1 of the Constitution, Mr. Mark Capes, Deputy Governor, will act as Governor and Command-in-Chief from 25th October 2008 to 5th November 2008, inclusive or until his return.

Mark Capes

Deputy Governor

NO. 868

THE COMPANIES ACT 1981

PURSUANT TO SECTION 261

WHEREAS:

The Registrar of Companies has reasonable cause to believe that the companies specified in the schedule hereto are not carrying on business or are not in operation; accordingly

NOTICE IS HEREBY GIVEN that at the expiration of three months from the date of publication of this Notice the companies listed in the attached Schedule will unless cause is shown to the contrary be STRUCK-OFF the Register and will be DISSOLVED.

SCHEDULE:

The Bermuda Skateboard Association

NEXUS MANAGEMENT LIMITED

Sweda International (Holdings) Limited

TRG Ltd.

Stephen Lowe

Registrar of Companies

28 October 2008

NO. 869

THE COMPANIES ACT 1981

PURSUANT TO SECTION 261

WHEREAS:

1. The Registrar of Companies has reason to believe that the companies specified in the schedule hereto are not carrying on business nor are in operation;

2. The Registrar of Companies sent letters by post to the companies inquiring whether they were carrying on business or were in operation;

3. The Registrar of Companies did not within one month of sending the letter receive any answers thereto and in consequence did send each of the companies a registered letter, referring to the first letter and stating that no answer thereto had been received and that if an answer was not received to the second letter within one month from the date thereof, a Notice would be published in the Gazette with a view to striking off and dissolving the companies;

4. The Registrar of Companies has either received replies stating that the companies are not carrying on business or were not in operation or having received no replies at all, published a Notice dated 8 July 2008 to the effect that at the expiration of three months from the date of the publication of the Notice published 11 July 2008 the companies would, unless cause were shown to the contrary, be dissolved;

5. No cause having been shown to the contrary by the companies below listed within the period of three months of the Notice published 11 July 2008, the Registrar of Companies by virtue of the powers vested in him under section 261(5) of the Companies Act 1981 has struck the names of the following companies off the Register.

NOTICE IS HEREBY GIVEN of the said striking off and consequently with effect from the date of publication of this Notice, the companies specified in the Schedule SHALL STAND DISSOLVED.

SCHEDULE:

AWAS (Bermuda) Limited

GE Appliance (Bermuda), Ltd.

INDIA PERFORMANCE FUND, LTD.

Stephen Lowe

Registrar of Companies

28 October 2008

NO. 870

THE COMPANIES ACT 1981

PURSUANT TO SECTION 261

WHEREAS:

1. The Registrar of Companies has reason to believe that the companies specified in the schedule hereto are not carrying on business nor are in operation;

2. The Registrar of Companies sent letters by post to the companies inquiring whether they were carrying on business or were in operation;

3. The Registrar of Companies did not within one month of sending the letter receive any answers thereto and in consequence did send each of the companies a registered letter, referring to the first letter and stating that no answer thereto had been received and that if an answer was not received to the second letter within one month from the date thereof, a Notice would be published in the Gazette with a view to striking off and dissolving the companies;

4. The Registrar of Companies has either received replies stating that the companies are not carrying on business or were not in operation or having received no replies at all, published a Notice dated 22 July 2008 to the effect that at the expiration of three months from the date of the publication of the Notice published 25 July 2008 the companies would, unless cause were shown to the contrary, be dissolved;

5. No cause having been shown to the contrary by the companies below listed within the period of three months of the Notice published 25 July 2008, the Registrar of Companies by virtue of the powers vested in him under section 261(5) of the Companies Act 1981 has struck the names of the following companies off the Register.

NOTICE IS HEREBY GIVEN of the said striking off and consequently with effect from the date of publication of this Notice, the companies specified in the Schedule SHALL STAND DISSOLVED.

SCHEDULE:

ATHENA GUARANTEED CURRENCIES LIMITED

CONCEPTUM TBS LOGISTICS LTD.

DRAKE, GOODWIN & CO. (BERMUDA) LTD.

HERALD LIMITED

INTERNATIONAL ISOTOPES CONSULTING LTD.

LILY HOLDING LIMITED

PALMETTO INTERNATIONAL LIMITED

PHARMASTAR INTERNATIONAL LTD.

PILTECH LIMITED

Stephen Lowe

Registrar of Companies

28 October 2008

NO. 871

Notice is hereby given that application has been made to the Minister of Labour, Home Affairs and Housing, by the following person for the grant of Bermudian status under the provisions of section 19 of the Bermuda Immigration and Protection Act, 1956, (viz: are at least eighteen years old; have been ordinarily resident in Bermuda for ten [10] continuous years immediately preceding application; have a qualifying Bermudian connection and is of good character and conduct.)

SANDERS, Dominic Edwin, 112 South Road, Smith's Parish

N.B. Any person who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicant, should send a written statement to the Chief Immigration Officer, P.O. Box 1364, Hamilton HMFX, no later than 17 November, 2008.

NO. 872

Notice is hereby given that application has been made to the Minister of Labour, Home Affairs and Housing, by the following person for the grant of Bermudian status under the provisions of section 19A of the Bermuda Immigration and Protection Act, 1956, (viz: has been married to the same Bermudian for ten [10] continuous years, during that marriage has been ordinarily resident in Bermuda for seven [7] years, the last two [2] years of which must be continuous to the date of application; has been living together with his/her Bermudian spouse as husband and wife continuously for the two [2] years immediately preceding his/her application; and is of good character and conduct.)

LOWRY, Anna Louise, 35 Radnor Road, Hamilton Parish

N.B. Any person who knows if any of the above provisions have not been fulfilled, or why Bermudian status should not be granted to the applicant, should send a written statement to the Chief Immigration Officer, Department of Immigration, P.O. Box HM 1364, Hamilton HMFX no later than 17 November, 2008.

NO. 873

BERMUDA

P R O C L A M A T I O N

By His Excellency Sir Richard Hugh Turton Gozney, Knight Commander of the Order of St. Michael and St. George, Governor and Commander-in-Chief in and over Bermuda.

WHEREAS Section 49 of the Constitution provides that the Governor, acting in accordance with the advice of the Premier, may at any time, by proclamation published in the Gazette, prorogue the Legislature:

Governor NOW THEREFORE I, the Governor, acting in accordance with the advice which I have received from the Premier, DO PROROGUE THE LEGISLATURE on Wednesday, the 5th day of November, two thousand and eight.

Given under my hand and the Public Seal of Bermuda this 24th day of October, two thousand and eight, in the fifty-seventh year of Her Majesty's Reign.

________________________

Governor

NO. 874

BERMUDA

P R O C L A M A T I O N

By His Excellency Sir Richard Hugh Turton Gozney, Knight Commander of the Order of St. Michael and St. George, Governor and Commander-in-Chief in and over Bermuda.

WHEREAS it is provided by Section 48 of the Constitution of Bermuda that each session of the Legislature shall be held in such place and shall commence at such time as the Governor may appoint by proclamation published in the Gazette;

AND WHEREAS the present Legislature will stand prorogued on the 5th day of November, two thousand and eight:

Governor NOW THEREFORE I, the Governor and Commander-in-Chief in and over Bermuda, in accordance with the advice which I have received from the Premier, DO HEREBY APPOINT that, at the next session of the Legislature, the Senate shall meet in the Senate Chamber in the Cabinet Building in the City of Hamilton and the House of Assembly shall meet in the Sessions House in that City;

AND I DO FURTHER APPOINT that the next session of the Legislature shall commence at 10:00 a.m. on Friday, the 7th day of November, two thousand and eight.

Given under my hand and the Public Seal of Bermuda this 24th day of October, two thousand and eight, in the fifty-seventh year of Her Majesty's Reign.

________________________

Governor

NO. 875

Acquisition of Land

Notice is hereby given that ZOBEC TRUST COMPANY LIMITED as Trustee of the Greenhall Trust is applying to the Minister of Labour, Home Affairs and Housing as constructive trustee for sanction to hold the equitable interest in the property known as "Halcyon", situate at 19 Grape Bay Drive in Paget Parish on behalf of non-Bermudian JOSEPH WILLIAM ROBERTS who is the husband of CLAIRE ANITA ROBERTS a Bermudian beneficiary of the Greenhall Trust.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicant should send a written statement to the Minister of Labour, Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 14th November, 2008.

NO. 876

Acquisition of Land

Notice is hereby given that ZOBEC TRUST COMPANY LIMITED as Trustee of the Greenhall Trust is applying to the Minister of Labour, Home Affairs and Housing as constructive trustee for sanction to hold the equitable interest in 0.253 of an hectare of land situate at Williams Estate Road, South Shore in Smith's Parish on behalf of non-Bermudian JOSEPH WILLIAM ROBERTS who is the husband of CLAIRE ANITA ROBERTS a Bermudian beneficiary of the Greenhall Trust.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicants should send a written statement to the Minister of Labour, Home Affairs and Housing, P.O. Box 1364, Hamilton HM FX, no later than the 14th November, 2008.

NO. 877

Acquisition of Land

Notice is hereby given that RICHARD FRANK ERWIN an American citizen is applying to the Minister of Labour, Home Affairs and Housing for sanction to acquire a leasehold interest in the property known as St. James Court Unit 205, 2 St James Court, situate in Hamilton Parish.

N.B. Any person who knows why a sanction to acquire property in Bermuda should not be granted to the applicant should send a written statement to the Minister of Labour and Immigration, P.O. Box 1364, Hamilton HM FX, no later than the 14th November, 2008.

NO. 878

LISTING OF PLANNING

APPLICATIONS REGISTERED

From Date: 10/22/08 To Date: 10/28/08

Summary of Application Details

• The applications shown below are available for review during normal working hours at the Department of Planning, 3rd Floor, Government Administration Building, 30 Parliament Street, Hamilton.

• Any person wishing to object must do so within 14 days of the date of this publication.

• Letters of objection should state any interest which the objector(s) may have in property nearby, supply an address at which notice may be served on the objector(s) and provide a concise statement of the grounds of objection.

• For further information on the objection procedure see the Development and Planning (Applications Procedure) Rules 1997.

Application Application #

City of Hamilton

Yellowfin Ltd. P0690/08

17 Front Street, City of Hamilton

Convert Existing Retail Space to Restaurant

and Bar Remodeling and Alterations to

Existing Two-Storey Building with an

Addition of a Third Floor.

(Final)

Devonshire

Floyd, Mr. Mark P0683/08

9 Park View Lane, Devonshire

Demolish Existing Building and Construct

New One Dwelling Unit with Swimming

Pool and Retaining Structures.

(Final)

Parker, Ms. Patricia P0692/08

14 Poinciana Road, Devonshire

Internal Conversion to Create Second

Dwelling Unit, New Shed, 6ft Fence,

Excavate Basement for Storage, New

Bathroom and Closet.

(Final)

Foggo-Wilson, Ms. Komlah P0693/08

4 Kent Avenue, Devonshire

Internal Conversion to Create a Third

Dwelling Unit (One Bedroom Apartment).

(Final)

Hamilton

Trott, Mr. Vernon L. P0679/08

2 Crawl Point Lane West, Hamilton

Renovations and Additions to Existing Two

Dwelling Units, Porches, Study, Kitchen,

Bedroom Extension, New Patio Area,

Storage and Decorative Wall and Fencing.

(Final)

Nissi Trust P0684/08

6 Hidden Cove Lane, Hamilton

Renovations and Additions to Create Second

and Third Dwelling Units.

(Final)

Paget

Bermuda Hospital Board - KEMH P0678/08

7 Point Finger Road, Paget

Emergency Room Ambulance Canopy

at KEMH.

(Final)

Wilson, Ms. Dina P0686/08

1 Southlyn Lane, Paget

New Bedroom, Bathroom and Closet Addition.

(Final)

Pembroke

Beek, Ms. Delrose P0676/08

8 Rockville Lane, Pembroke

Proposed Bedroom Extension with Bath and

Creation of Lower Level Studio Apartment

(3rd Dwelling Unit).

(Final)

Goater, Ms. Sheda P0677/08

10 Amaral Lane,, Pembroke

Additions and Renovations to Existing Two

Storey Dwelling Creating Fourth Dwelling Unit.

(Final)

Pedro, Mr. Carl H. P0680/08

8 Tatems Hill, Pembroke

Addition of Studio Apartment

(3rd Dwelling Unit).

(Final)

Young Men's Social Club P0682/08

The Glebe Road, Pembroke

Erection of Two Portable Classrooms

(at Desert Field for YMSC).

(Final)

Eve, Mr. Terry P0694/08

17 Border Lane North, Devonshire

New One Dwelling Unit.

(Final)

Sandys

Desilva, Mr./Mrs. S. P0681/08

8 Scaur Hill Drive, Sandys

Refurbishment of Existing

Shoreline Facility.

(Final)

Burrows, Mr. Wendell P0687/08

7 Benny's Bay Road, Sandys

Proposed Third Dwelling Unit (Internal

Conversion) (Convert Existing Workshop and

Garage Area to a One Bedroom Apartment).

(Final)

Smiths

Ingham, Mr. M. P0689/08

Lot A North Shore Road, Smiths

Proposed Recreational Cottage amd New

Timber Deck.

(Final)

Southampton

Hart, Mr. Dwight P0685/08

3 Beaming Hill, Southampton

Master Bathroom Addition to Main House

with Additions and Renovations to Detached

Studio Apartment.

(Final)

St. George's

Schofield, Mr. K. P0688/08

26 Shell Point Road, St. George's

Proposed Dock with Adjoining Deck.

(Final)

Town of St. George

VT Construction P0695/08

Lot 6 Pain Lane East,, Town of St. George

New Three Dwelling Units.

(Final)

Warwick

Webbs Auto Body Workshop P0691/08

2 Well Bottom, Warwick

Erect 4'5' ft 13'-6' High Reinforced

Concrete Block Retaining Walls.

(Final)

BR 65/2008

CHILD DAY CARE ALLOWANCE ACT 2008

2008 : 38

CHILD DAY CARE ALLOWANCE ACT 2008

COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Financial Assistance, in exercise of the powers conferred by section 19 of the Child Day Care Allowance Act 2008, issues the following Notice:

Short title

1 This Notice may be cited as the Child Day Care Allowance Act 2008 Commencement Day Notice 2008.

Commencement

2 The Child Day Care Allowance Act 2008 shall come into force on 31st October 2008.

Made this 31st day of October, 2008

Minister of Culture and Social Rehabilitation

BR 66/2008

CHILD DAY CARE ALLOWANCE ACT 2008

2008 : 38

CHILD DAY CARE ALLOWANCE REGULATIONS 2008

ARRANGEMENT OF REGULATIONS

1 Citation

2 Interpretation

3 Application for day care allowance

4 Maximum gross annual income

5 Awards

6 Continuation of award

7 Investigation

8 Time and manner commencing appeal to Board

9 Notice of appeal

10 Notification of appeal and written submissions

11 Notice of hearing

12 Conduct of hearing

13 Decision of Board

14 Board's power to determine its own procedure

The Minister responsible for financial assistance, in exercise of the powers conferred by section 17 of the Child Day Care Allowance Act 2008, makes the following regulations:

Citation

1 These regulations may be cited as the Child Day Care Allowance Regulations 2008.

Interpretation

2 In these regulations-

"Act" means the Child Day Care Allowance Act 2008;

"Board" means the Financial Assistance Review Board established under section 15 of the Financial Assistance Act 2001;

"applicant" means a person who is qualified under section 4 of the Act to apply for a daycare allowance;

"supporting parent or spouse" means-

(a) the parent of a child for whom an application for a day care allowance is made, who resides with the child but is not the applicant; or

(b) the spouse of the applicant, who resides with the child for whom an application for a day care allowance is made but is not the child's parent or guardian;

"term" means a period of 3 months during which day care is provided to eligible children, beginning on April 1, July 1, October 1 or January 1.

Application for day care allowance

3 (1) An applicant for a day care allowance for an eligible child shall apply in writing on a form approved by the Director and shall sign and submit the completed form to the office of the Director.

(2) The application shall be accompanied by the following documents-

(a) the birth certificate of each child for whom a day care allowance is requested;

(b) a certificate attesting that the applicant is the legal guardian of the child, if applicable;

(c) a pay stub or letter from each of the applicant's employers, confirming the applicant's total monthly income from salary or wages from that employer; and

(d) a pay stub or letter from each of the employers of the supporting parent or spouse, confirming the supporting parent or spouses' total monthly income from salary or wages from that employer.

Maximum gross annual income

4 The prescribed maximum gross annual income for the purposes of section 4 of the Act is $70,000.

Awards

5 (1) On granting an award under section 6 of the Act, the Director shall issue to the applicant a day care voucher naming the applicant as recipient of the award and setting out the conditions to which the award is subject, including-

(a) the name of the child covered by the award;

(b) the name of the licensed day care centre or, if day care is to be provided at a home day care facility, the name of the registered day care provider; and

(c) the amount and duration of the award.

(2) The maximum award that may be granted by the Director for an eligible child is $800 per month, or the monthly cost of the child's day care, whichever is less.

(3) The award is valid only for the amount, and during the term, indicated on the day care voucher.

(4) The Director may not approve payment of an award if-

(a) it has been revoked under section 12 of the Act; or

(b) the day care centre named on the voucher does not hold a valid licence, or in the case of a home day care facility the day care provider does not hold a certificate of registration, issued under the Children Act 1998.

Continuation of award

6 (1) The Director shall send a notice to each recipient, at least 30 days before the expiry of the term for which the award is valid, inquiring whether the recipient wishes to have the award continue for another term.

(2) If the recipient wishes the award to continue, he or she shall complete a request for reassessment, on a form approved by the Director, and sign and submit the form to the office of the Director at least 15 days before the expiry of the term for which the award is valid.

(3) The Director shall treat every request for reassessment in the same manner as if it were an application for an award under the Act, and the Director has all the powers and duties in respect of the request that he or she has in respect of an application.

(4) If the Director grants a continuation of the award, the Director shall issue to the recipient a day care voucher for another term, setting out on the voucher the information referred to in regulation 5(1).

(5) Regulation 5(2), (3) and (4) apply to an award continued by the Director.

(6) The Director may not grant a continuation of an award for another term if the child for whom the day care is requested has been absent from the day care centre or home day care facility in respect of which the award was granted for more than one term.

(7) Nothing in paragraph (6) shall be read as preventing the Director from granting an award to an applicant who has submitted a new application for a child referred to in that paragraph.

Investigation

7 The Director may -

(a) investigate and verify any statements made in an application or a request for reassessment of an award; or

(b) investigate and examine the circumstances of an applicant, a recipient or a child in relation to their eligibility for an award.

Time and manner of commencing appeal to Board

8 (1) For the purpose of section 14 of the Act, the time for appealing a decision of the Director is 30 days from the day on which the Director's decision is notified to the appellant.

(2) A request to the Board for a hearing shall be made by filing with the Board a notice of appeal.

Notice of appeal

9 (1) The notice of appeal shall be signed by or on behalf of the appellant and shall contain the following particulars-

(a) the appellant's name;

(b) his or her address;

(c) the address, if different from that referred to in paragraph (b), to which applications, notices and other documents in connection with the appeal should be sent to the appellant;

(d) a statement of the decision or finding of the Director against which the appeal is made; and

(e) the grounds of appeal, which shall contain sufficient particulars to show why the appellant considers the decision appealed against was unlawful or was not justified by the evidence on which it was based.

(2) The appellant shall send a copy of the notice of appeal to the Director.

Notification of appeal and written submissions

10 (1) If the Director intends to file a written submission on the appeal, he or she shall file it with the Board within 21 days after receiving a copy of the notice of appeal.

(2) Where the Director files a written submission, he or she shall send a copy of it to the appellant.

Notice of hearing

11 (1) The Board shall send a notice of hearing to all parties within 30 days after the filing of the notice of appeal under regulation 8(2) or the filing of a submission under regulation 10(2), as the case may be.

(2) The notice of hearing shall set out the place, date and time of the hearing.

(3) The Board shall give the parties at least 10 days notice of the hearing.

Conduct of hearing

12 (1) The hearing of an appeal before the Board shall not be open to the public.

(2) The appellant shall present his or her case first on a hearing of an appeal.

(3) Unless the parties agree otherwise, a party who intends to produce written or documentary evidence or written submissions at a hearing shall provide copies of that evidence or those submissions to the other party and to the Board at least 10 days before the hearing.

(4) The Board may, on the application of a party to the appeal or on its own motion, by direction given at the hearing or by notice in writing require the appellant, the Director or any other person, at a time and place stated in the notice, to attend and give evidence or produce any document in their custody or under their control which relates to any matter in question at the hearing.

(5) The Board may require any witness to give evidence on oath or affirmation.

(6) Evidence may be admitted by the Board whether or not it is admissible in a court of law.

(7) The Board shall ensure that the evidence at a hearing of an appeal is recorded by notes taken by a member of the Board participating in the hearing or by any other method by which an accurate transcript may be produced.

Decision of Board

13 (1) The Board shall deliver a written decision to the parties to an appeal within 15 days after it last receives evidence or submissions on the appeal.

(2) The Board's decision shall include the principal findings of fact and its conclusions based on those findings.

(3) If an appellant withdraws a notice of appeal-

(a) the Board is not required to deliver a decision; and

(b) the withdrawal shall be deemed to be a final order.

Board's power to determine its own procedure

14 Subject to the provisions of the Act and of these regulations, the Board shall have power to determine its own procedure.

Made this 31st day of October, 2008

Minister of Culture and Social Rehabilitation

BR 67/2008

PROCEEDS OF CRIME AMENDMENT ACT 2007

2007 : 25

PROCEEDS OF CRIME AMENDMENT ACT 2007 COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 1 of the Proceeds of Crime Amendment Act 2007, issues the following Notice:

Short title

1 This Notice may be cited as the Proceeds of Crime Amendment Act 2007 Commencement Day Notice 2008.

Commencement

2 The Proceeds of Crime Amendment Act 2007 shall come into force on 15th November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice

BR 68/2008

PROCEEDS OF CRIME AMENDMENT ACT 2008

2008 : 31

PROCEEDS OF CRIME AMENDMENT ACT 2008 COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 1 of the Proceeds of Crime Amendment Act 2008, issues the following Notice:

Short title

1 This Notice may be cited as the Proceeds of Crime Amendment Act 2008 Commencement Day Notice 2008.

Commencement

2 The Proceeds of Crime Amendment Act 2008 shall come into force on 15th November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice

BR 69/2008

ANTI-TERRORISM (FINANCIAL AND OTHER MEASURES) AMENDMENT ACT 2008

2008 : 36

ANTI-TERRORISM (FINANCIAL AND OTHER MEASURES) AMENDMENT ACT 2008

COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 1 of the Anti-Terrorism (Financial and Other Measures) Amendment Act 2008, issues the following Notice:

Short title

1 This Notice may be cited as the Anti-Terrorism (Financial and Other Measures) Amendment Act 2008 Commencement Day Notice 2008.

Commencement

2 The Anti-Terrorism (Financial and Other Measures) Amendment Act 2008 shall come into force on 15th November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice

BR 70/2008

FINANCIAL INTELLIGENCE AGENCY ACT 2007

2007 : 22

FINANCIAL INTELLIGENCE AGENCY ACT 2007 COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 1 of the Financial Intelligence Agency Act 2007, issues the following Notice:

Short title

1 This Notice may be cited as the Financial Intelligence Agency Act 2007 Commencement Day Notice 2008.

Commencement

2 The Financial Intelligence Agency Act 2007 shall come into force on 15th November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice

BR 71/2008

FINANCIAL INTELLIGENCE AGENCY

AMENDMENT ACT 2008

2008 : 27

FINANCIAL INTELLIGENCE AGENCY

AMENDMENT ACT 2008

COMMENCEMENT DAY NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 8 of the Financial Intelligence Agency Amendment Act 2008, issues the following Notice:

Short title

1 This Notice may be cited as the Financial Intelligence Agency Amendment Act 2008 Commencement Day Notice 2008.

Commencement

2 The Financial Intelligence Agency Amendment Act 2008 shall come into force on 15th November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice

BR 72/2008

POLICE AND CRIMINAL EVIDENCE ACT 2006

2006 : 1

POLICE AND CRIMINAL EVIDENCE ACT 2006 COMMENCEMENT DAY (NO. 2) NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 1 of the Police and Criminal Evidence Act 2006, issues the following Notice:

Short title

1 This Notice may be cited as the Police and Criminal Evidence Act 2006 Commencement Day (No. 2) Notice 2008.

Commencement

2 Sections 5, 6, 7, 101 and Schedule 4 (in respect of the repeal of section 459 of the Criminal Code) of the Police and Criminal Evidence Act 2006 shall come into force on 3rd November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice

BR 73/2008

POLICE AND CRIMINAL EVIDENCE

AMENDMENT ACT 2008

2008 : 18

POLICE AND CRIMINAL EVIDENCE

AMENDMENT ACT 2008

COMMENCEMENT DAY (NO. 3) NOTICE 2008

The Minister responsible for Justice, in exercise of the powers conferred by section 27 of the Police and Criminal Evidence Amendment Act 2008, issues the following Notice:

Short title

1 This Notice may be cited as the Police and Criminal Evidence Amendment Act 2008 Commencement Day (No. 3) Notice 2008.

Commencement

2 Sections 4 and 5 of the Police and Criminal Evidence Amendment Act 2008 shall come into force on 3rd November 2008.

Made this 29th day of October, 2008

Attorney-General and Minister of Justice