QU OF NT AT A FE RU

BERMUDA

2010 : 45

WHEREAS it is expedient to amend the Municipalities Act 1923 and related legislation to provide for maps of the municipal areas, to reform the franchise, to repeal the right of the Corporations to levy wharfage and port dues, to provide for a special audit, to remove the Corporations’ exemption from paying land tax, and for connected purposes; Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:

Preliminary

Citation

1 This Act may be cited as the Municipalities Reform Act 2010.

Municipal areas

2. Municipal areas

(1) For section 6 of the Municipalities Act 1923 (“the principal Act”) substitute—

6. “Maps of municipal areas

(1) The maps in Schedules A1 and B1 shall have effect to show the municipal areas of the City of Hamilton and the Town of St. George respectively, with the boundaries marked in red.

(2) The maps shall be prima facie evidence in all courts as to the extent, position and boundaries of municipal limits.”

(2) After section 46 of the principal Act there shall be inserted Schedules A1 and B1 (maps of municipal areas) as set out at the end of this Act.

Electoral reform

3. Electoral reform

(1) After section 9 of the principal Act insert—

9A. “Eligibility to vote in municipal elections

(1) All persons for the time being listed in the parliamentary register as resident in the municipal area of Hamilton are entitled to vote in a municipal election for the Mayor, Aldermen and Common Councillors of the Corporation of Hamilton.

(2) All persons for the time being listed in the parliamentary register as resident in the municipal area of St. George are entitled to vote in a municipal election for the Mayor, Aldermen and Common Councillors of the Corporation of St. George’s.

9B. Application of Parliamentary Election Act 1978 as modified by order

(1) The Parliamentary Election Act 1978 shall apply to municipal elections as if each municipal area were a constituency, and with such modifications as the Minister responsible for municipalities may by order consider necessary or expedient.

(2) An order under subsection (1) shall be subject to the affirmative resolution procedure.”

(2) This section comes into operation on 1 April 2011. [Section 3 effective 1 April 2011]

4. Qualification for nomination as Mayor, Alderman or Common Councillor

(1) For section 18(1) of the principal Act substitute—

“(1) A person shall, unless disqualified by virtue of this Act or other statutory provision, be qualified for nomination as a candidate in an election for the office of Mayor or an Alderman or Common Councillor of Hamilton or St. George if he is for the time being listed in the parliamentary register for Bermuda.”

(2) For section 19(1)(b) of the principal Act substitute—

“(b) upon ceasing to be listed in the parliamentary register for Bermuda;”.

(3) This section comes into operation on 1 April 2011; but shall not affect the tenure of the persons holding the office of Mayor, Alderman or Common Councillor immediately before the passing of this Act. [Section 4 effective 1 April 2011]

Wharfage and port dues

Repeal of power of Corporations to levy wharfage and port dues

5 [Repealed by 2013 : 39 s. 19.] [Section 5 repealed by 2013 : 39 s. 19 effective 1 April 2014]

Audit

Annual statement of accounts

6 In section 41 of the principal Act (submission of annual statements of account to Minister), for “Minister” substitute “Minister responsible for municipalities”.

7. Special audit of the Corporations

(1) The Internal Audit Committee established under section 14 of the Internal Audit Act 2010 (in this section referred to as “the Committee”) shall appoint an auditor (“the auditor”) for the purposes of an audit of each Corporation in accordance with this section.

(2) Each Corporation shall, within three months of the coming into operation of this Act, send to the auditor, a statement of its accounts for the twelve months immediately preceding the coming into operation of this Act.

(3) The statement of the Corporation’s accounts shall—

(a) include full details of all the assets, liabilities, income and expenditure of the Corporation; and

(b) be in such form and contain such further details as the Committee may direct.

(4) The auditor shall examine the statements of accounts received by him under subsection (2), and shall make a report in writing on the statements to the Committee and to the Minister responsible for municipalities.

(5) It shall be the duty of every officer or employee of the Corporation, upon being required by or on behalf of the auditor, to give to the auditor access to—

(a) all books, documents, cash and securities or other property in his possession or under his power belonging to the Corporation; and

(b) all information within his knowledge concerning the operations of the Corporation.

(6) Any person who contravenes subsection (5) commits an offence.

(7) Any person who, in purported compliance with a requirement made of him under this section to supply information to the auditor, supplies any information which he knows to be false in a material particular or recklessly supplies any information which is false in a material particular commits an offence.

(8) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding twelve months, or to both.

Land tax

8. Amends Land Valuation and Tax Act 1967

(1) In section 3(1) of the Land Valuation and Tax Act 1967 (exceptions to valuation units to be included in draft valuation list), in paragraph (f)—

(a) the words “Municipal Corporation or” shall be repealed (in both places); and

(b) the words “, as the case may be” shall be repealed.

(2) Notwithstanding—

(a) the amendment of section 3(1)(f) of the 1967 Act by subsection (1) (which has the effect of including property owned and occupied by a Municipal Corporation in the draft valuation list); and

(b) section 30 of that Act (collection of tax), no tax shall be charged, levied or collected under the 1967 Act in respect of any valuation unit owned or occupied by a Municipal Corporation before 1 April 2011.

Consequential amendments and transitional provision

Consequential repeals : municipal areas

9 The following (which are superseded by new section 6 of the principal Act inserted by section 2) are repealed—

(a) sections 1 and 2 of the Hamilton Extension Act 1951;

(b) section 2 of the St. George’s Extension Act 1953.

10. Consequential amendments: electoral reform

(1) The following provisions of the principal Act (which relate to elections and are superseded by the amendments made by sections 3 and 4) are repealed—

(a) in section 1, definitions of “municipal elector”, “municipal register”, “nominee”, “to register” and “returning officer”;

(b) section 1(3);

(c) in the proviso to section 9(2), the words “, under paragraph 21 of the First

Schedule,”;

(d) sections 10 to 16;

(e) the First Schedule and its Annexure.

(2) In section 1 of the principal Act insert the following definition in its appropriate alphabetical position—

“ “parliamentary register” has the meaning given in the Parliamentary Election Act 1978;”.

Consequential repeals, amendments and revocations : wharfage and port dues

11 [Repealed by 2013 : 39 s. 19.] [Section 11 repealed by 2013 : 39 s. 19 effective 1 April 2014]

12. Further consequential amendments and transitional provision

(1) The Minister responsible for municipalities may, by order, make—

(a) such further amendments to the principal Act and any other enactment (including by way of repeal); and

(b) such transitional provision, as may be necessary or expedient as a consequence of this Act.

(2) An order under subsection (1) shall be subject to the affirmative resolution procedure.

SCHEDULE — A1

MAP OF MUNICIPAL AREA OF THE CITY OF HAMILTON

SCHEDULE — B1

MAP OF MUNICIPAL AREA OF THE TOWN OF ST. GEORGE

[Assent Date: 10 August 2010]

[Operative Date: 10 August 2010 except s. 3, 4, 5, 11 operative 1 April 2011]

[Amended by:

2013 : 39]