Trade Commission Functions Shift To Minister
Responsibilities previously designated for the Virgin Islands Trade Commission have officially been reassigned to the Trade Minister and the Director of Business. The change follows the recent gazetting of the Consumer Protection (Amendment) Act, 2026, which introduces a revised framework for consumer grievances and regulatory oversight.
Functions originally assigned to the non-operational Virgin Islands Trade Commission have been formally transferred to the minister responsible for consumer affairs and the Director of Business following amendments to the territory's consumer protection laws. The House of Assembly passed the Consumer Protection (Amendment) Act, 2026 on July 10, and Governor Daniel Pruce assented to the legislation on August 27.
The Cabinet Office confirmed that the amended Act was officially published in the Virgin Islands Official Gazette on September 3, bringing the new regulatory framework into effect. Under the updated law, the minister assumes overarching responsibility for administering the Consumer Protection Act, formulating policy directives, and overseeing execution.
The Director of Business will manage day-to-day operations under the minister's direction, which includes receiving consumer complaints, investigating trade practices, and taking enforcement action against businesses that violate consumer standards. Additional duties assigned to the director include monitoring recognised consumer bodies, compiling and analysing commercial data, and leading educational campaigns to inform both consumers and suppliers of their legal rights and obligations.
The director is also mandated to submit an annual report to the minister regarding market conditions, pricing trends, and the overall performance of local suppliers. The revised framework introduces a structured dispute resolution workflow. Once an investigation is concluded, the director has 30 days to deliver findings and recommendations to the minister, who will then deliver a formal written ruling on the matter.
Consumers or business owners dissatisfied with a ministerial decision may lodge an appeal within 30 days to a newly established Consumer Affairs Tribunal. The three-member tribunal will consist of a chairperson who is a legal practitioner with at least 10 years of standing, a deputy chairperson, and an additional member appointed by Cabinet.
The tribunal holds the power to uphold, modify, or remand the minister's determination. Any further appeals against tribunal decisions are restricted to questions of law and must be brought before the High Court. During legislative debates on the measure, Junior Minister for Trade Lorna Smith argued that operationalising an independent trade commission would create an expensive and unnecessary layer of bureaucracy.
Opposition Leader Marlon Penn opposed the transition, expressing concern that shifting these powers would unduly centralise administrative authority under the minister.
Primary source: BVI News