Agency History & Overview
History
Registration of public records is an essential administrative function of any country. In The Bahamas, the system of registration developed in the late eighteenth century, undergoing many substantive changes through to the twenty-first century. However, the earliest reference to the public registration of records in The Bahamas was in 1764, the creation of a separate office of the Register of Records in 1862 and the creation of the Registrar General’s Department in 1914. The Secretary of the Providence (Colonial Secretary) was responsible for the public registration of records in 1764. Records generated by the office include deeds, conveyances and related land papers, slave documents, births, deaths, marriage records, court records, naturalization documents, patent and voter registers as well as census related materials.
On March 14, 1850 the government, following the direction of Great Britain, passed the Births and Deaths Registration Act, which stated that all registers of births and deaths should be now kept at the ‘Registry of Records’. Ministers and churchwardens were still empowered to perform their duties as prescribed in the 1823 Act. However, under the new Births and Deaths Registration Act 1850, the Governor was empowered to ‘appoint persons’ to act as registrars of births and deaths for various districts, parishes or towns within the colony. The Registrar was authorized to inform himself carefully of every birth and every death in the district to which he was appointed and to ensure that these ‘were registered’ on the specific forms for the registry of births and deaths. Each form was to be filled and subsequently returned to the Registry of Records.
The Governor was instructed to appoint a Registrar and keeper of Records, who would have no other post ‘save and except’ that he shall be ex-officio Registrar of the Court of Ordinary and Chancery. All powers and authority given originally to the Colonial Secretary was now given to the Registrar of Records. Provision was also made for the appointment of a clerk to assist the Registrar in carrying out the duties of the office.
Under the amended Registrar General’s Act, the name of Registrar of Records was changed to Registrar General in 1914. Mr. Herbert Cecil Stronge was appointed as the first Registrar General and Mr. Roger Kelsall Duncombe was named the first Assistant Registrar General.
In 1965/1966 the Department of the Supreme Court was separated from the Registrar General’s Department. In 1968 when government ministries were created under the new constitution, the Registrar General’s Department was made the responsibility of the Minister responsible for the Registry of Records. Presently, the Registrar General’s Department falls under the portfolio of the Attorney General and Minister of Legal Affairs.
Today, the Registrar General’s Department is housed at Shirley House, #50 Shirley Street in Nassau, The Bahamas and the Fidelity Building in Freeport, Grand Bahama. The Department currently has thirteen sections namely: Marriages, Deeds and Documents (Data Management), Births and Deaths Registration, Births, Deaths and Marriage Certification, Customer Service, Central File Registry, Accounts, MIS, Scanning, Industrial Properties, Copyright, Companies and the Mail Room.
Department of Legal Affairs
The Department comprises four (4) sections – Civil Litigation; Civil Chambers; International Unit and Legislative Drafting.
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Civil Litigation
The section is primarily responsible for:
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representing the government in all civil proceedings instituted by or against the government.
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representing statutory public corporations in all civil proceedings instituted by or against it.
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rendering legal advice to all government ministries and departments and statutory public corporations.
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representing the Crown in all judicial review proceedings in non-criminal law matters.
2. Civil Chambers
The functions of the Civil Chambers include:
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vetting and preparing conveyances, leases, contracts and other agreements on behalf of the government.
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providing advice to the government, its ministries and various statutory corporations.
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rendering opinions for government ministries and statutory corporations on the interpretation of laws.
3. International Unit
The principal functions of the Unit are:
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to provide assistance in criminal proceedings pursuant to Mutual Legal Assistance Treaties with the United States of America, Canada, and the United Kingdom.
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to provide assistance in criminal proceedings pursuant to the Criminal Justice (International Co-operation) Act, Ch. 105.
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to provide assistance in civil matters pursuant to the Evidence (Proceedings in Other Jurisdictions) Act, Ch. 66.
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to carry out bilateral and multilateral treaty obligations related to the OAS, the U.N. and other multilateral organisations of which The Bahamas is a member.
4. Legislative Drafting
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drafting principal legislation for Parliament;
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drafting subsidiary legislation for Ministers of Government;
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drafting opinions on the interpretation of laws for the various Government Ministries and other public bodies.
Office of the Director of Public Prosecutions
The mission of the Office of the Director of Public Prosecutions is to serve the public by providing prompt, impartial and integrity-based prosecutorial services.
Specific functions are: Undertaking public prosecution of cases forwarded by investigative agencies including cases taken over from private prosecutors; Representing the Crown in all criminal trials, criminal applications and appeals; Advising the police and other criminal investigative and prosecutorial agencies on the institution of criminal charges; Reviewing prosecutions to ensure that accused persons are prosecuted on the right charges before the appropriate court, and, in collaboration with the Office of the Attorney-General, effecting matters relating to international relations including extradition and Mutual Legal Assistance (MLA).
Other functions include advising Government Ministries, Departments and State Corporations on matters pertaining to the application and development of the criminal law; The formulation, review and dissemination of Prosecution Policy; Monitoring, training, and advising on the appointment and Gazettement of public prosecutors; Addressing parliamentary questions relating to the administration of prosecution services; Addressing complaints raised by members of the public, watchdog bodies/civil society and other institutions; Providing support for victims and witnesses of offences, and undertaking other administrative roles, as required, relating to the efficient and effective administration of the criminal law.
The portfolio agencies of the Office of the Attorney-General and Ministry of Legal Affairs are the Law Reform and Revision Commission and the Registrar-General’s Department.
Law Reform and Revision Commission
The Law Reform and Revision Commission is established under the Law Reform and Revision Act, Ch. 3 by virtue of section 3 and is headed by a Law Reform and Revision Commissioner. The Commissioner has responsibility for the reform and revision of the laws of the Commonwealth of The Bahamas.
The Commission is constituted by one or more persons appointed by the Governor-General. Such persons shall by qualified for appointment by the holding of, or by having held judicial office or by experience as a legal practitioner or as a teacher of law in the university.
Law Reform
In accordance with section 4 of the Act, the general function of the Commission is to keep under review the laws of The Bahamas with a view to modernizing their systematic development and reform. In order to do this, the Commission -
(a) receives and considers proposals for reform which may be made or referred to them;
(b) submits to the Minister (responsible for Law Reform) recommendations for the examination of various areas of the law to be reformed;
(c) drafts Bills with proposals of reform as recommended to the Minister;
(d) advises ministries, departments or other authorities or persons concerned with proposals for the reform of the laws; and
(e) obtains laws from foreign jurisdictions that would assist in the reform of the laws of The Bahamas.
Law Revision
The general function of the Commission as regards Law Revision is to prepare revised editions of the existing laws with a view to the repeal and elimination of all obsolete or archaic laws and laws which are temporary in nature. In carrying out its revisionary functions, the Commission is subject to the directions of the Minister.
Sections 6 and 6A of the Act, require that the Commission -
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prepares once in every five years, a revised edition of the laws;
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prepares annual updates of the loose-leaf edition of the laws showing what amendments and new laws have been enacted since the production of a revised edition;
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arranges for the printing and publication of the revised edition and the annual updates.
An update of the 2000 Revised Edition of the Laws has been recently published (LR01/2010). This entails the replacement of the loose-leaf pages of the 2000 Revised E
Registrar-General’s Department
Mission Statement
Recording of documents for posterity; providing prompt and efficient service with integrity to the public; and generating revenue for the Government of The Bahamas.
Areas of Responsibility
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Registration of Deeds and Documents
Certification and Registration of Births, Marriages and Deaths
Companies
Deeds Search
Registration of Commission Merchants
Intellectual Property Office (Patents, Trademarks & Copyright, Design Copyright
Data Management of Births, Deaths and Marriages -
Maritime Marriages
