No. 6 of 2008 VIRGIN ISLANDS VIRGIN ISLANDS CADET CORPS ACT, 2008 ARRANGEMENT OF SECTIONS Section 1... Short title and commencement. 2... Interpretation. 3... Establishment of Cadet Corps. 4... Aim of Cadet Corps. 5... Establishment of Board. 6... Functions of the Board. 7... Training Curriculum. 8... Formation of a Cadet Corps Unit in a school. 9... Enlistment of a cadet. 10. Uniform and equipment. 11. Termination of membership. 12. Training and command of Cadet Corps Units. 13. Appointment of Commandant and other Officers. 14. Qualification of Commandant and other Officers. 15. Appointment or promotion to Unit Sergeant Major or Corps Sergeant Major. 16. Revocation of appointments. 17. Resignations. 18. Notification of appointments etc. in Gazette. 19. No power of command over local force. 20. Annual inspection of Cadet Corps. 21. Funds and resources. 22. Bank account. 23. Accounts and audit. 24. Annual report. 25. Offences. 26. Regulations. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 1 No. 6 of 2008 Virgin Islands Cadet Corps Act, 2008 Virgin Islands I Assent (Sgd.) DAVID PEAREY, Governor. 13th August, 2008 VIRGIN ISLANDS No. 6 of 2008 An Act to provide for the establishment, organisation and management of the Virgin Islands Cadet Corps and for related matters. [Gazetted 28th August, 2008] ENACTED by the Legislature of the Virgin Islands as follows: Short title and 1. This Act may be cited as the Virgin Islands Cadet Corps Act, 2008 commencement. and shall commence on an appointed day. Interpretation. 2. In this Act, unless the context otherwise requires “Adjutant” means the Officer responsible for the daily running and supervision of staff, of the Cadet Headquarters; “appointed day” means a day the Governor may appoint by a Proclamation or Notice published in the Gazette; “authorised school” means an educational institution authorised by the Governor acting in accordance with the advice of the Cadet Corps Council under section 8(1), to form a school Cadet Corps; “banking institution” means a banking institution licensed in the Territory; 2 “Board” means the Virgin Island Cadet Corps Board established under section 5; “cadet” means a serving non-commissioned member of the Virgin Islands Cadet Corps; “Cadet Corps” means the Virgin Islands Cadet Corps established under section 3; “Cadet Corps Council” means the National Security Council established under section 57 (1) of the Virgin Islands Constitution Order 2007 and for purposes of this Act, the Minister responsible for Education; U.K. 2007 No. “Commandant” means the commanding Officer of the Virgin Islands Cadet 1678 Corps; “Corps” means Cadet Corps; “financial year” means the period of twelve months ending on the 31st day of December in each year; “local force” means the Royal Virgin Islands Police Force or other locally established regular or volunteer force; “Minister” means the Minister responsible for Education; “minor” means a person under the age of eighteen; “non-commissioned officer” means a cadet who holds the rank of Under Officer, Warrant Officer, Sergeant, Corporal or Lance Corporal; “Officer” means a commissioned cadet officer; “parent” includes guardian; “special events” includes camps , anniversary parades and major parades; “student” means a person attending an educational institution; “Unit” means a school Cadet Corps declared by the Governor acting in accordance with the advice of the Cadet Corps Council to be a unit; and “Warrant Officer” means a cadet who holds the rank of a Unit Sergeant Major or the Corps Sergeant Major; 3. (1) There is established by this Act a body called the Virgin Islands Establishment of Cadet Corps. Cadet Corps. 3 (2) The Cadet Corps shall consist of (a) Cadet companies of students of authorised secondary schools enrolled with the approval of the principal; and (b) the Commandant and Officers appointed, and other cadets enlisted, under this Act. Cap. 136 (3) Without limiting the effect of section 21 of the Interpretation Act, the Cadet Corps is a body corporate (a) with a common seal; (b) capable of suing and being sued in its corporate name; (c) with the power to enter contracts in its corporate name and in relation to contracts with third parties, be deemed to have the same power as an individual who is sui juris; and (d) with the right to acquire and hold real and personal property for purposes for which it is established and to dispose of or charge that property at pleasure. Aim of Cadet 4. The aim of the Cadet Corps is to provide progressive cadet training Corps. to foster self-discipline, confidence, self-reliance, initiative, teamwork, an interest in policing, loyalty to the Territory, respect for others, spiritual development and a sense of service to other people. Establishment of 5. (1) There is established by this Act, a governing board for the Cadet Board. Corps known as the Virgin Islands Cadet Corps Board (referred to in this Act as “the Board”). (2) The constitution and proceedings of the Board shall be as set out in Schedule 1 Schedule 1. Functions of the 6. (1) The Board shall, Board. (a) formulate policies for the Cadet Corps; (b) manage the affairs of the Cadet Corps; (c) prepare and present the annual budget estimates for the Board and operations of the Cadet Corps, to the Government; and 4 (d) perform functions, discharge duties and exercise powers as the Cadet Corps Council may in writing assign to the Board. (2) The Board shall advise the Cadet Corps Council, on matters pertaining to the Cadet Corps. (3) The Cadet Corps shall be managed from a Cadet Headquarters designated by the Board, and through an Adjutant who is the administrative head of the Cadet Headquarters. 7. (1) The Board shall establish a curriculum for the training of cadets Training and shall ensure that cadets undergo a programme of activities including the Curriculum. following (a) drills; (b) first aid; (c) orienteering; (d) field craft; (e) water safety; (f) fire prevention; (g) public speaking and effective communication; (h) civic and cultural education; (i) physical training and wellness; and (j) leadership. (2) The training curriculum established under section (1) shall be balanced and broad-based. (3) The Board may revise the training curriculum whenever the Board considers it necessary and expedient to do so. 8. (1) The Governor acting in accordance with the advice of the Cadet Formation of a Corps Council may, by Notice published in the Gazette, authorise Cadet Corps Unit in a school. (a) the formation of a Cadet Corps Unit out of students attending any government-assisted or private educational institution; and (b) the Cadet Corps Unit to be attached to an established local force for purposes of any special training. (2) A Cadet Corps formed pursuant to subsection (1) shall be managed in accordance with this Act. 5 (3) For purposes of this Act, a government established educational institution is deemed to be an authorised school. (4) A principal of any government-assisted or private educational institution desiring the formation of a school Cadet Corps Unit shall, after consultation with the board of management of that educational institution, make an application in writing to the Minister for consideration by the Cadet Corps Council. (5) An application for authorisation shall contain (a) a request for the affiliation of the school Cadet Corps Unit to the Virgin Islands Cadet Corps; and (b) any information which might bear on the question of granting authority for the formation of the school Cadet Corps Unit. (6) The Governor acting in accordance with the advice of the Cadet Corps Council may, revoke an authorisation given under subsection (1). Enlistment of a 9. (1) The Board may on an application in the prescribed form, enlist a cadet. student of an authorised school in the Cadet Corps, (a) if the student has attained the age of eleven years; (b) if the student has the approval, in writing, of his or her principal; and (c) in the case of a minor, has the consent of a parent. (2) A person shall, prior to the person’s enlistment as a cadet, make Schedule 2 before an Officer, the cadet’s promise set out in Schedule 2. Uniform and 10.(1) Each cadet shall be clothed and equipped in a manner prescribed equipment. by Regulations made under this Act. (2) Where a cadet is supplied with equipment, any uniform or article at the public expense, the cadet shall hold the uniform, equipment or article at the order or direction of the Board. (3) A cadet who destroys, misplaces or damages equipment, any uniform or article handed to the cadet on or during his or her enlistment in the Cadet Corps, is personally liable to the Board for the replacement or repair cost of the equipment or article, unless he or she proves to the satisfaction of the Board 6 that the destruction, misplacement or damage of the equipment, uniform or article did not result from negligence on his or her part. (4) A parent or guardian of a minor enrolled as a cadet is deemed to have accepted liability for any uniform, equipment or article issued to the child or ward, if destroyed, misplaced or damaged. 11. (1) A person ceases to be a cadet Termination of membership. (a) when, subject to subsection (2), the person ceases to be a student of an authorised school; (b) if the person is dismissed from the Cadet Corps; or (c) if the person resigns from the Cadet Corps. (2) The Board may on an application by a person who has ceased to be a student of an authorised school, permit that person to remain in the Cadet Corps in the same Unit, if (a) the person’s age is less than nineteen years; (b) the person is at the time of the application enrolled as a student at the H.