the interpretation act

8/3/2019 The Interpretation Act

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INTERPRETA TlON 1

THE INTERPRETATION ACTARRANGEMENT OF SECTIONS

1. Short title.2 . Interpretation.

General PrincipIes of Interpretation3. Interpretation of terms applicable generally.4. General interpretation of gender and number.5. References to public officersby title of office.6. References to the Crown.7. Standard time: and references to sunrise and sunset.8. Computation of time.9. Provisions where no time prescribed.10. Measurement of distances.11. Referenws to the number of a line.12. Definitions subject to context and to apply to regulations, etc.

Commencement and Citation of Acts13 . Authenticated copy and assent to Bills.14. Notification of assent to be published.15. Commencement of Act on publication of assent, etc.16. Moment when Act or regulations comes into operation.17. Mode of citing Acts18. References in Acts.19. Collective titles.20. Words to be included in citation of portion of Act.

Operalion of Enmiments21. Acts to be public Acts and judicially noticed.22. Provisions to be substantive enactments.23 . Repeal of a repealing enactment.

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2 INTERPRETATION24. Repeal and substitution.25 . Effect of repeal.26. Provisions ceasing to have effect, deemed to be repealed.21 . Effectof repeal and re-enactment of regulation making section.28 . Effectof words of incorporation.

Provisions as to Regulafiom29. Provisions as to making of regulations.30. Definition for legislative purposes.31 . Commencement and proof of regulations.32 . Acts done under regulations deemed done under Act.

Provisions as to Powers33. Exercise of powers between passing and commencement of Act.34. Construction of provisions as to exercise of powers, etc.35. Power to appoint includes power to suspend or dismiss.36. Power to fill vacancy temporarily.37. Power to make overlapping appointments38 . Power to appoint chairman.39 . Power to appoint by official designation.40. Construction of enabling words.

Provisions as to United Kingdom Acts41. English Laws in force n the Island.42. Referene in Act to provision of United Kingdom Act.43. United Kingdom Acts to be read with necessary modihcation.

Provisions as to Penuifies44. Statement of penalty means maximum penalty.45. Penalty at foot of section indicates maximum penalty fo r46. Payment of portion of penalty by direction of Governor-General.47. Disposal of forfeits48. Imposition of sentence.

contravention of section.

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INTERPRETATION 5

A018ofl%8,3ofm,[IstApril, 2968.1 1*7*THE INTERPRETATION ACT

1. This Act may be cited as the Interpretation Act.2. In this Act unless the contzxt otherwise requires--

short title.1nterplYStl-tion.Act used with reference to legislation means any

statute enacted by the Legislature of the Islandwhether before or after the 1st April, 1968, andincludes any regulations made thereunder.

General Principles of nterpretatiori3. In this Act and in all Acts, regulations and other bmreb-

instruments of a public character relating to the Island, :Efnow in force or hereafter to be made: the following words appli-bbpcncnlly.and expressions shall have the meanings hereby assignedto them respectively, znless there is something in the sub-ject or context inconsistent with such construction. OT unlessit is therein otherwise expressly provided-

act used with reference to an offence or civil wrong,includes a series of acts, and words which refer toacts done extend to omissions;

affidavit includes any document in relation to whichan affirmation or declaration has been made byany person allowed by law to affirm or to declareinstead of swearing;

Broad ealmeans the Broad Seal of Jamaica;Cabinet means the Cabinet of Jamaica;Christian name means any name prefixed to asurname, whether received in Christian baptismor otherwise;

~ .~me nclusion of this page is authorized by L.N. 31/19881


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6 INTERPRETATIONCircuit Court means a Circuit Court constitutedcoin m:ans any coin legally current in Jamaica;"Collector of Taxes includes Assistant Collector of

Taxes ;Commonv;enlth has the meaning assigned to it bythe Comti~utionf Jamaica:commencement used with reference to an Act meansthe time at which the Act comes into operation;committed for trial used in relation to any personmsans committed to prison with the view of beingtried before a Judge and jury by any authorityhaving power to commit a person to prison with

a view to his trial, and includes a person w ho isadmitted to bail upon a recognizance to appearand take his trial before a Judge and jury;Consolidated Fund has the meaning assigned to itby the Constitution of Jamaica:constab!e indudes all ofirxrs and sub-officers of theJamaica Constabulary Force and all members ofthe Rural Police;Consul or consular officer includes Consul-General.Consul, Vice-Consul> Consular Agent and anyperson for the time authorized to discharge thethe duties of a Consul-General, Consul, or Vice-Consul;contravene, in relation to any requirement or con-dition prescribed in any Act. or in any permit.licence. or other authority. granted under any Act,includes a failure to comply with that requirement

or condition;court means any court of Jamaica of competentjurisdiction:

under the Judicature (Supreme Court) Act;

~ ~~ . ~~ ~-[The inclusion of this page i s authorized by L.N. 37/1988]


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INTERPRETATIONcourt of summ ary jurisdiction means--( a ) any justice or justices of the peace to whomjurisdiction is given by any Act fo r the time beingin force, or any Resident Magistrate sitting eitheralone or with other justices in a Court of Petty

Sessions;( b ) a Resident Magistrate exercising special statutorysumm ary jurisdiction;Crown Agents means the persons for the time beingacting as Crown A gents fo r Oversea Governmentsand A dministrations in England, or any of them;Custos means the Custos Rotulorum of a parish, andwhere there is no substantive Custos, or wherethe substantive Custos is absent, means the personappointed by the Governor-General to act asCustos;financial year means the twelve months ending the31st March in any year;folio means seventy-two words;Gazette or Government Gazette or Jamaica

Gazette means the Jamaica Gazerre published byorder of the Government and includes anySupplements thereto and any Gazette Extra-ordinary so published;

gazetted means published in the Gazerre;general notice means any announ cemen t no t of alegislative character made by or with the authorityof th e Governm ent in the Gazette;Government means the Government of Jamaica;Government Printer means the Government Printer

of Jamaica, and includes any printer purporting tobe the printer authorized by Government to printActs and regulations;F e nclusion of this page is authorized by L.N. 480/1973]


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8 1NTERPRETATIONGovernor-General means the Governor-General of

Jamaica;Governor-General in Council means Governor-General acting in accordance with the advice ofthe Cabinet;His Majesty or Her Majesty, the King or theQueen or the Crown means His Majesty theKing or Her Majesty the Queen, the Sovereign forthe time being and includes the predecessors andthe heirs and successors of such King or Queen;house includes every messuage, part of a messuage,house, part of a house, building, or other construc-tion, whether wholly or in part above or below the

surface of the ground, inhabited or occupiedeither by day or by night by man, whetherbeneficially or otherwise, or intended to be soinhabited or occupied;the Island or this Island means Jamaica and wherethe circumstances so require, includes reference tothe former Colony of Jamaica;Jamaica has the meaning attributed to tha t expressionin the Jamaica Independence Act, 1962;a justice or a justice of the peace means a personappointed by the Governor-General to be a justiceof the peace for the parish in which the matterrequiring the cognizance of a justice arises;land an d premises include all tenements or heredita-ments, and also all messuages, houses, bu ildings, o rother constructions, whether the property of HerMajesty, her heirs o r successors, or of any corpora-

tion, or of any private individual, except wherethere are words to exclude houses and otherbuildings;[The inclusion of this page is authorized by LN. 480/1973]

I O a n d l lElk.2Cap.40.


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I NTE R PR E TA TI ON 9Minister means either the Minister appointed undersection 70 or a temporary Minister appointedunder section 73 of the Constitution of Jamaica,and charged for the time being with responsibilityfor the department or subject to which the contextrefers :

sion is provided in any Act (other than this Act)the Prime Minister may by order repeal or varysuch definition;

oath includes affirmation or declaration in the caseof persons by law allowed to- & i r m o r declareinstead of swearing;to occupy includes, in addition to its ordinarysignification, to use, inhabit, possess or enjoy thepremises in respect whereof tha t verb is used, other-wise than as a mere servant and for the merepurpose of the care, custody, and charge, thereof;person includes any corporation, either aggregate orsole, and any club, society, association or otherbody, of one or more persons;prescribed means prescribed by the Act in which theword occurs or by any regulations made thereunder,and, in relation to any regulations, where no otherauthority is empowered in that behalf in the Act,means prescribed by the Governor-General inCouncil;Prime Minister means the Prime Minister of Jamaicaand includes the Minister for the time beingauthorized pursuant to section 72 of the Constitu-tion of Jamaica to perform the functions of thePrime Minister;proclamation means a proclamation of the Governor-Gen eral under th e Broad Seal;

Provided that where a definition of this expres- ii96g

me inclusion of this page is authorized by L.N. 480/1973]


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10 1NTERPRETATIONproperty includes money, goods, things in action,land and every description of property, whetherreal or personal; also obligations, easements andevery description of estate, interest and profit,present or future, vested or contingent, arisingou t of o r incident to property as above defined;public general holiday means any day which underthe provisions of any Act for the time being inforce, is or is declared to be, or is proclaimed as,a public general holiday;public place includes every public highway, street,road, square, court, alley, lane, bridleway, foot-way, parade, wharf, jetty, quay, bridge, publicgarden or open space, and every theatre, place ofpublic entertainmen t of any kind, o r othe r place ofgeneral resort, admission to which is obtained bypayment, o r to w hich the pub lic have access;recorded, used with reference to a document, meansrecorded under the provisions of the Ac t applicableto the recording of such document;registered, used with reference to a document, means

recorded under the provisions of the Act applicableto the registration of such document;regulations includes rules, by-laws, proclamations,orders, schemes, notifications, directions, noticesand forms;

repeal includes revoke o r cancel;rules of court, when used in relation to any court,means rules made by the authority having for thetime being power to make rules or orders regu-lating the practice and proced ure of such court;sell includes exchange and barter;ship means every description of vessel used innavigation not exclusively propelled by oars;[The nclusion of t h i s page is authorized by L.N. 480/1973]


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INTERPRETATION 11sign with reference to a person who is unable to writehis name, includes mark with its grammaticalvariations an d cognate expressions;statute includes an Act of the United KingdomParliament;street or road includes any public highway, street,road, thoroughfare, square, court, alley, lane,bridleway, footway, parade, passage, or open placeused or frequented by the public, or to which thepublic have o r are permitted to have access;summ arily, in a summ ary manner or on summaryconviction means respectively before a court ofsummary jurisdiction;Supreme C ourt meam the Supreme Court of Jamaica;swear includes to affirm or to declare in the case ofany person allowed by law to affirm or to declareinstead of swearing;Treasury means the Department of the Accountant-General;United Kingdom means Great Britain and NorthernIreland;vessel includes any ship, boat, lighter, o r othe r floating

craft, used for transp ort by water;voluntary declaration or statutory declaration ifmade-(U) in the Island, means a declaration madeunder the Voluntary D eclarations Act;( b ) in the United Kingdom or any other Com-monwealth country beyond the Island,meam a declaration made before a justiceof the peace, notary public, or other person

having authority therein under any law forthe time being in force to take or receivea declaration;[The inclusion of this page is authorized by L.N. 80119731


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I2 I N T E RPRETATlON(c) in any othe r place, means a declaration madebefore a Jamaican or British Consul or Vice-Consul, or before any person havingauthority under any statute for the timebeing in force to take or receive a declara-

tion;will includes codicil;writing includes printing, lithography, typewriting,photography and other modes of representing orreproducing words or figures in visible form;year and month means respectively a year or amonth reckoned according to the British calendar.

Generalinterarc-tation ofgenderandnumbcr.

Referencedto publicofficers byti1le ofO ff ice .

Refermmsto theCIOWn.

4. In this Act an d in all Acts, regulations and other instru-ments of a public character relating to the Island now inforce or hereafter to be made, unless there is something inthe subject or context inconsistent with such construction,or unless it is therein otherwise expressly providd-(a) words importing the masculine gender includefemales; and(b) words in the singular include the plural, and wordsin the plural include the singular.

5. A reference in any Act to any public officer by theusual title of his office shall, if there be such an officecustomarily in Jamaica and unless the contrary intentionappears, be read and construed as referring to the personfor the time being holding or carrying out the duties of thatoffice in Jamaica.6. In any Act references to the Sovereign reigning at the

time of the passing of the Act o r to the Crown shall, unlessthe contrary intention appears, be construed as referencesto the Sovereign for the time being.- [The inclusion of this page in authorized by L.N. 80/1973]


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INTERPRETATION 137.-(lj Whenever any expression of time occurs in any standard

Act, deed or other legal instrument, the time referred to ~ ~ &shall, unless it is otherwise expressly provided, be held to zrs;,;t,signify the standard time adopted for Jamaica; and for suchpurpose the Governor-General in Council may by orderdeclare the standard time for Jamaica.

(2) Where a general notice is published specifyingthe hour of sunrise or sunset in respect of any day thereference in any Act to the hour of sunrise or sunset shall,in relation to any part of Jamaica, unless the context other-wise requires, be deemed in respect of that day to refer to thehour specified in the general notice.

8.-(1) In computing time for the purpose of any Act, CnrnpuU-tation oftime.(a) a period of days from the happening of an event

or the doing of any act or thing shall be deemedto be exclusive of the day in which the eventhappens or the act or thing is done;

( b ) if the last day of the period is Sunday or a publicholiday (which days are in this section referredto as excluded days) the period shall include thenext following day, not being an excluded day;

(cj when any act or proceeding is directed or allowedto be done or taken on a certain day, then if thatday happens to be an excluded day, the act orproceeding shall be considered as done or taken indue time if it is done or taken on the next followingday, not being an excluded day;

(d ) when an act or proceeding is directed or allowedto be done or taken within any time not exceed-ing six days, excluded days shall not be reckonedin the computation of the time.

unless the contrary intention appears-

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14 INTERPRETATION

Provisionswhere notime prescribed.

Measurement ofdistances.

Referencesto thenumber ofa line.

Deiinitionasubjecttomntext andto apply toetc.Iegulauons,

(2) In this section public holiday means any publicgeneral holiday and includes Good Friday and ChristmasDay.

9. Where no time is prescribed or allowed within whichanything shall be done, such thing shall be done with allconvenient speed, and as often as the prescribed occasionarises.10. In the measurem ent of any distance for the purposeof any Act, that distance shall, unless the contrary inten-tion appears, be measured in a straight line on a horuon-tal plane.11. A reference in any Act to the number of a line ofany section of any Act means such line in the latest officialprinted copy of such Act at the time of the passing of theAct containing such reference.1 2 . 4 1 ) Where expressions are defined in or for thepurposes of any Act, such expressions shall have the mean-ings assigned to them, unless there is anything in the subject

or conte st repugnant to, or inconsistent with, such meaning.(2) Where expressions defined for the purposes ofor used in any Act are used in any regulations or instru-ment made under such Act such expressions shall have therespective meanings assigned to them by the Act, unless thereis anything in the subject or contest repugnant to, orinconsistent with, such meaning.(3) Where a word is defined in or for the purposes

of any Act, other parts of speech and grammatical varia-tions of that word, and cognate expressions, shall havecorresponding meanings in or f or the purposes of that Act.m e ncluioo of this page is authorized by L.N. 480/19731


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INTERPRETATlON 15Commencement and Citation of Acts

13.41) A copy of every Bill which may be passed by Authenti-Parliament shall immediately after it is so passed be printed mdaJrentby the Government Printer on vellum or some durable paper t o B i ~ .and shall. if such be the case, be authenticated by the Clerkof either House of Parliament as being a true and correctcopy of the Bill which was passed.

(2) Where the Governor-Gencral assents to any Billso passed, his assent shall be made on the authenticatedcopy and that copy shall then be forwarded to the DeputyKeeper of the Records for the purposes of record.

catedcopy

14. In the case of every Rill which may hereafter be Nnficatlonof assentpassed in Jamaica the Governor-General shall, on assent- tobcing thereto, cause a notification of such assent to be published P u b l ia h din the Gazette.

15.-(1) Every Act shall. unless i t is otherwise therein c o m e -meut ofpublicationof arsentr,ctc

expressly provided, come into operation on the day of the Aclon

( 2 ) The date on which an Act comes into operation,whether under the provisions of this section or accordingto the express provisions contained in the Act, shall bewritten on the original of the Act and on all copies thereofin some convenient place near the heading thereof.

publication of the notification of assent,

16 . Where any Act, or part of an Act, or any regulations MomcntwhenAnmade thereunder came or comes into operation on a or regula-particular day, it shall be deemed to hzve come or shall come 2into operation immediately on the expiration of the day next opcntioapreceding such day.

17. When any Act is referred to, it shall be sufficient for M ~ I O O ?citing Amall purposes to cite such Act either by the short title (if any)by which it is made citable, or by the year in which it wasme induiiun of his page is authorized by L.N 17/1989]


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INTERPRETATIONmade and its number among the Acts of that year, or inthe case of a revised edition of the laws issued under any Actproviding for the issue of a revised edition, by its short titleor its chapter number; and the reference may in all casesbe made according to the copies of Acts printed by theGovernment Printer.

~ e ~ a m c ~ ~S.-(l) A reference in an Act by number or letter to aPart, section, subsection, paragraph, sub-paragraph orother division of ano ther enac tment shall be construed asa reference to such Part, section, subsection, paragraph, sub-paragraph or other division of such other enactment asprinted by authority of law.(2 ) Where in an Act reference is made to a Part ,division, section, schedule or form without anything in the

context to indicate that a reference to a Part, division,section, schedule or form of some other enactment is in-tended, the reference shall be construed as a reference to aPart, division, section, schedule or form of the Ac t in whichthe reference is made.(3 ) Where in a section of an Act reference is made toa subsection, paragraph, sub-paragraph or other divisionwithout anything in the context to indicate that a reference

to a subsection, paragraph, sub-paragraph or othe r divisionof some othe r section or provision is intended, the referenceshall be construed as a reference to a subsection. pa rag rap hsub-paragraph or oth er division of the section in which thereference is made.

(4)Where in a scheduie or Par t of a schedule to a n ActrefeIence is made to a paragraph, sub-paragraph or otherdivision without anything in the context to indicate that areference to a paragraph, sub-paragraph or other division ofsome oth er provision is intended, the reference shall be con-strued as a reference to the paragraph, sub-paragraph or_ _ _ _ _[menclusion of his page is authorized by L.N. 17119891


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INTERPRETATION 17oth er division of the schedule o r the Pa rt of the schedule inwhich the reference is made.

(5) Where in an Act reference is made to any regu-lations, without anything in the context to indicate that areference to regulations made under some other enactment-is intended, the reference shall be construed as a reference toregulations m ade under the Act in which the reference occurs.19. If it is provided that any Act may, as to the whole or Collectivetitlw.any pa rt thereof, be cited-

(a ) with any other Act to form a group of Acts; or(b ) with any group of Acts,that group shall be construed as including that Act or part,

an d the collective title of the grou p shall state the year of thefirst Act in the group an d the year of the last Act in the group;and as often as any subsequent Act is added to that groupthe year in which the subsequent Act is passed shall be sub-stituted fo r the last year of the group.20. In any Act a description or citation of a portion of Wordstoboincluded in

portionofanoth er Act, shall, unless the contrary intention appears, be citation ofconstrued as including the word, section, or other part, men-tioned o r referred to as forming the beginning an d as formingthe end of the portion comprised in the description orcitation.

Operation of Enactrnents21. Every Act (which expression in this section does not Actstobeinclude regulations) shall be a public Ac t an d shall be judicial- and j ~ d i -ly noticed as such, unless the con trary is expressly provided ttiL.by the Act.

public A m

22. Every section of an Act shall have effect as a sub- Provisionsto bosubstantivctantive enactmen t without introductory words. enactment%IThe inclusion of this page is authorized by L.N. 480/1973]


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18 INTERPRETATIONRepealofaenactment.

23. Where an Act, whether before or after the 1st April,1968, repeals a repealing enactmen t, it shall not be con-strued as reviving any enactment previously repealed, unlesswords are added reviving that enactment.repealing

Repeal an d 24. Where an Act repeals wholly or partially any formerAct and substitutes provisions for the Act repealed, therepealed Act shall remain in force until the substitutedprovisions come into operation.substitution.

Effect of 2 5 . 4 1 ) Where any Act repeals and re-enacts, with orwithout modification, any provision of any Act in force,references in any other Act to the provision so repealedshall, unless the contrary intention appears, be construedas references to the provision so re-enacted.

(2) Where any Act repeals any oth er enactment, then,unIess the cont rary intention appears, the repeal shall not-(a) revive anything not in force or existing at the timeat which the repeal takes effect; or( b ) affect the previous operation of any enactment sorepealed or anything duly done or suffered underany enactment so repealed; o r(c) affect any right, privilege, obligation, or liability,acquired, accrued, or incurred, under any enactmentso repealed; or(d) affect any penalty, fine, forfeiture, or punishment,incurred in respect of any offence committed againstany enactment so repealed; or(e ) affect any investigation, legal proceedings, orremedy, in respect of any such right, privilege,obligation, liability, penalty, fine, forfeiture, orpunishment, as aforesaid,and any such investigation, legal proceeding, or remedy,may be instituted, continued, or enforced, and any such

repeal.

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INTERPRETATION 19penalty, fine, forfeiture or punishment may be imposed,as if the repealing Act h ad not been passed.26. Where by virtue of any enactment the whole or a Provisionsceasing topart of an Act has expired or lapsed or otherwise ceased haveto have effect that Act shall be deemed to have been :fg;d;repaled to the extent to which it has so expired, lapsed beo r otherwise ceased to have effect. repealed.27. Where any section conferring a power to make Effectofrepeal and

ment ofinto operation of this Act) and other provisions, which regulationsection.

regulations is repealed (whether before or after the cominginclude a power to make regulations, are substituted there- makingfor, but the Act of which such section formed a part is notitself repealed, then all regulations made under the repealedsection, and in force a t the time of such repeal, shall continuegood and valid as if made under the substituted provisionsin so fa r as they a re not inconsistent with the A ct as amendedor are not varied or revoked by regulations made by virtueof the substituted provisions.28.-(1) Subject to subsection (2) where an Act passed E h t o fafter the 1st April, 1968, contains words establishing, or incorpora-providing for the establishment of, a body corporate and tion.applying this section to that body those words shall operate-

words of

(a) to vest in that body when established-(i) the power to sue in its corporate name;

(ii) the power to enter into contracts in itscorporate name, and to d o so that, as regardsthird parties, the body shall be deemed tohave the same power to make contracts asan individual has;(iii) the right to have a common seal and toalter or change tha t seal at pleasure;

me hclusion of this page is authorized by L.N. 480/1973]


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I N T E R P R E T A T I O N(iv) the right to acquire and hold any real orpersonal property fo r purposes fo r which thebody is constitutpd and to dispose of orcharge such property;(v) the right to regulate its own procedure andbusiness; and

(vi) the right to employ such staff as may befound necessary for the performance ofits functions;( b ) to mak e tha t body liable to be sued in its corporatename;(c) to require that judicial notice shall be taken of the

common seal of tha t body, and that every docum entpurporting to be a document sealed by that bodyand to be attested in accordance with the statutoryprovisions, if any, applicable to the attestation ofdocuments so sealed shall, unless the contrary isproved, be received in evidence and be deemed tobe such a document without furthe r proof;Cd to vest in a majority of the members of that bodythe power, subject to any quorum fixed by the

enactment under which it is established or by anyrelevant standing orders, to bind other membersthereof; an d(e) to exempt from personal liability for the debts,obligations or acts of that body, such membersthereof as do not contravene the provisions of theAct und er which the body is established.

(2) Th e application of this section to a body corpo-(a) prevent the powers, rights and liabilities, conferredor imposed, as the case may be, by virtue of suchapplication, being varied by any enactment; or

rate shall not-

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I N T E R P R E T A T l O N 21( b ) prejudice or atfect any liability of any member ofthat body to be surcharged with the payment ofany amount which may bc disallowed, by anauditor acting in pursuance of any statutory pro-vision. in the accounts of that body.

Provisions as to Regulationsor issue regulations, thc following provisions shall, unless thzcontrary intention appears, have effect with referencr: to themaking , issue and operation of such regulations--

(a) a regulation may bc at a n y time amended: v;.iied,suspended, rzsciiided or revoked by the sameauthority and in the same manner by ;::id in whichit was m ade;

( b ) the regulations may provide in respect of a b r s x hof any of the provisions thereof that the (3ffendi.rshall. unless the Act otherwise provides, be Liableto such fine not exceeding one thousand dollars.or to such term of imprisonment with hard labournot exceeding three months. or to both such fineand imprisonment. as may be therein prescribed;

(c) where any Act confers power on any authority tomak e regulations fo r any general purpose, and alsofor any special purposes incidental thereto, theenumeration of the special purposes shall not bedeemed to derogate from the generality of thepowers conferred with reference to the gzneral(U) no regulation shall be inconsistent with the pro-visions of any Act;(e ) any breach of a ny regulation may. nnless the Actotherwise provides. be prosecuted in a summarymanner.

29. W here an Act cdiifers power on m y authority to make PravisioMof

as to

purpose;

~~.~ ~~ ~~[The incliisiiin of this page is authorized hy L.N. 37/1988]


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22 INTERPRETATIONv) a ny reference in any regulation to the Act shallbe read and construed as meaning the Actconferring the power to make or issue such regu-lations.

W t i o ntive

30.-(1) In this section the expression statutory periodmeans in relation to any regulations a period of twenty-onedays beginning on the day on which the regulations werelaid before the Senate or the House of Representatives (asthe case may require) and reckoned without regard t o -( a ) any period d uring which the Parliamen t is dissolved

or prorogued;( b ) any period du ring which the House is adjoumed-

for lcgiala-purpmm.

(i) as respects the Senate, for more than sixdays;(ii) as respects the House of Representatives,for more than four days;(i) in one or more than one Session of Parlia-ment;(ii) partly in a Session of Parliament which is

dissolved and partly in a Session of th esucceeding Parliament.

(c) whether the days ar e comprised-

(2) The expression subject to affirmative resolutionwhen used in relation to any regulations shall mean thatthose regulations are not to come into operation unless anduntil affirmed by a resolution of each House of Parliament.(3) The expression subject to affirmative resolution

of the House of Representatives when used in relation toregulations shall mean that those regulations a re no t to com einto operation unless and unti l a r m e d by a resolution ofthat House.-. -._ - -mc inclusion of thjs page is authorid by L.N. 7/1988]


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INTERPRETATION 23(4) The expression subject to negative resolutionwhen used in relation to any regulations shall mean thatthose regulations, as soon as may be after they are made,are to be laid before each House of Parliament, and if eitherHouse, within the statutory period next after any such

regulations have been so laid, resolves that the regulationsbe annulled, the regulations shall be void as from the dateof the resolution, but without prejudice to the validity ofanything done thereunder or to the making of newregulations.( 5 ) The expression subject to negative resolution

of the House of Representatives when used in relation toany regulations shall mean that those regulations as soonas may be after they are made, arc to be laid before thatHouse, and if that House, within the statutory period nextafter any such regulations have been so laid, resolves thatthe regulations be annulled, the regulations shall be void asfrom the date of the resolution, but wi,thout prejudice to thevalidity of anything done thereunder or to the mak ing of newregulations.31.41) All regulations made under any Act or other c o m m t n ~ alawful authority and having legislative effect shall be Foofof

published in the Gazette and unless it be otherwise pro- rrdation3.vided shall take effect and come into operation as law onthe da te of such publication.( 2 ) The production of a copy of the Gazeite con-taining any regulations shall be prima fucfe evidence in allcourts and for all purposes of the due making and tenor ofsuch regulations.

mcnt and

32. An act shall be deemed to be done under an Act or m d o mby virtue of the powers conferred by an Act or in pursuance y$zrrpor execution of the powers of, or under the authority of, an &yndAct if it is done under o r by virtue of or in pursuance of any ACL

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24 I N T E R P R E T A T I O Nregulation made or issued under any power contained insuch Act.

Provisions as 10 PowersExerciseof 33. Where any Act is not to come into operation imme-diately on the passing thereof, and confers power to makepassingommence-nd any appointment, or to m ake, grant or issue any regulationsmentof or instruments, or to do any other thing for the purpose ofthe Act, that power may, unless the contrary intentionappears, be exercised at any time after the passing of theAct, so far as may be necessary or expedient for the purposeof bringing the Act into operation at the date of the com-mencement thereof, subject to the restriction that any

regulations o r instruments made, granted o r issued under thepow er shall not, unless the contra ry intention appears in theAct, or the regulations or instruments are necessary forbringing the Act into operation, have any effect until theAct com es into operation.

powersbetween

Act.

Construe"n of pro-,1S10n9astoexerciseetc.

3 4 . 4 1 ) Where any Act confers a power or imposes aduty, then, unless the contrary intention appears, the powermay be exercised and the duty shall be performed from timeto time as occasion requires.(2) Where any Act confers a power or imposes adu ty on ,the holder of an office, as such, then, unless thecontrary intention appears, the power may be exercisedand the duty shall be performed by the holder for the timebeing of the office or by a person appointed to act for him.

of powers.

Power toincludespower todismiss.

35. Where by or under any Act a power to make anyapp ointm ent is conferred, then, unless the contrary intentionappears, the a uthority having power to m ake the appointmentshall also have power to remove, suspend, reappoint orreinstate any person appointed in exercise of the power.

appointsuspend or

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INTERPRETATION 2536.-(1) Where by or under any Act, any powers are Powertoconferred or any duties are imposed upon a public officer,the Governor-General may direct, if from any cause the femporari'y.office of such public officer is vacant or if during any period,owing to absence o r inability to act from illness o r any oth er

cause, such public officer is unab le to exercise the powers orperform the duties of his office, that such powers shall behad and may be exercised and such duties shall be performedby the person named by, or by th e pub lic officer holding theoffice designated by, the Governor-General; and thereuponsuch person or public officer, during any such period, shallhave and may exercise such powers and shall perform suchduties, subject to such conditions, exceptions and qualifica-tions as the Governor-General may direct.(2 ) Where by or under any Act a power to makeany appointment to an office is conferred, the authorityhaving tha t pow er may if-

611

(a) th e office is vacant; o r( b ) for any reason the substantive holder of the oficeis unable to perform the functions thereof,direct that those functions shall be performed by such personan d d uring such period as the authority may prescribe (notexceeding the period for which an appointment to fill the

vacancy, if any, couId hav e been made); and any referencein any enactment, instrument or document whatsoever to theholder of the office shall during such period be con strued asa reference to the person so prescribed.37. Where the provisions of any Act either expressly or Powerto

time be appointed to or hold an office, such provisions shall PO~tmm*.not, if any sub stan tive hold er of th e office is on leave ofabsence pending relinquishment of office, prevent thesubstantive appointment of another person to such officeor the discharge by such othe r person of the functions of the

make aver-by implication limit the number of persons who may at any lapping a p

[The inclusion of this page is authorized by L.N. 80119731


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26 INTERPRETATIONoffice; and, if such an appointment is made, the fact thattemporarily there is more than o ne holder of such office shallnot prevent both the period of leave of the retiring holderof the office and the period of service of his successor duringsuch leave from being treated as pensionable service for thepurposes of any Act permitting the grant of retiring benefitsin respect of service in such office.

Power tochair-.

38. Where by or under any Act, power is given to theGovernor-General in Council, or to the Governor-Generalor a Minister, or to any public officer or body, to appointany board, tribunal, comm ission, committee, o r similar body,it shall be lawful for the Governor-General in Council, orthe G overnor-General o r the M inister, o r such public officeror body, in the absence of any provision to the contrary, toappoint a chairman of such board, tribunal, commission,committee, or similar body.

appoint

Powertobyofficiald*lignauon.

39. Where by or under any Act, the Governor-Generalin Council, or the Governor-General or a Minister, or anypublic officer or body, is empowered to appoint or name aperson to be a member of any board, tribun al, commission,committee or similar body, or to have and exercise anypowers or perform any duties, the Governor-General inCouncil, or the Governor-General or the Minister, or suchpublic officer or body, may either appoint a person by nameor direct the person for the time being holding the officedesignated by the Governor-General in Council, or by theGovernor-General or by the Minister, or by such publicofficer or body, to be a member of such board, tribunal,commission, committee, or similar body, or to have andexercise such powers and perform such duties; and there-upon, or from the date specified by the Governor-Generalin Council, or by the Governor-General or the Minister, orby such public officer o r body, the person appoin ted by nam eor the person for the time being holding such office shall be

appoint

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INTERPRETATION 21a member of such board, tribunal, commission, committee,or similar body, o r shall have and may exercise such powersan d perform such duties accordingly.40. Where in any Act power is given to any person to ComtruE-

do or enforce the doing of any act or thing all such powers enablingshall be understood to be also given as are reasonablynecessary to enable the person to do or enforce the doingof the act or thing.

tionof

Provisions as to United Kingdom Acis41. All such laws and Statutes of England as were, prior Englishto the commencement of 1 George 11 Cap. I , esteemed, forceinintroduced, used, accepted, or received, as laws in the Island *clr'md.

shall continue to be laws in the Island save in so far as anysuch laws or statutes have been, or may be, repealed oramended by any Act of the Island.

Laws in

42. Where in any Act reference is made to any provision Referenceof a United Kingdom Act and that provision is subsequently prou,slonrepealed and re-enacted without substantial modification,the reference in such Act to the provision of the Act so A nrepealed shall, if the context so requires and unless thecontrary intention appears, be construed as a reference tothe provision so re-enacted.

in A+!o

43. Where any United Kingdom Act is in force in the UnittdIsland, such Act shall be read with such formal alterations A ~ ~as to names, localities, courts, officers, persons, moneys, :$penalties and otherwise as may be necessary to make it mdif ia t ion.applicable to the circumstances.

Kingdom

Provisions as io Penalties44.Where any fine or penalty is imposed by or under statementof penaltythe authority of any Act it shall be implied that the amount meansof such fine or penalty is the maximum amoun t; and where ?$me indusion of t h i s page is authorized by L.N. 480/19731


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28 1 N T ERP RET AT l O N

Penaltyat foot ofsectionindicatesmaximumP M h 'for mntra-vention ofsection.

Payment ofportionofpenalty: L i o nof Governor-General.

Disposalofforfeits.

Impositionof sentence.

by any Act any person may be sentenced to any term ofimprisonment it shall be implied tha t such term of imprison-ment is the maximum term.45. Where in any Act any fine, penalty or term ofimprisonment is set out at the foot of any section it shallindicate that any contravention of the section, whether byact o r omission, shall be an offence against that Ac t an d shall,unless the contrary intention appears, be punishable by afine, penalty or term of imprisonment not exceeding theam ount o r term stated.46. Subject to the express provisions of any A ct, whereany fine or penalty is imposed by or under the authority

of any Act, every such fine or penalty shall be payable intothe Consolidated Fund, but the Governor-General maydirect the payment to any aggrieved person, or t o any personwhose information or evidence has led to the conviction ofthe offender or to the recovery of the fine or penalty, of suchpro portion of the fine o r penalty as he may think fit.47.-W Where under any Act any animal or thing isadjudged by any court or other authority to be forfeited,it shall, unless the contrary is otherwise provided or unlessi t is expressed by law to be forfeited to any person, beforfeited to the Crown, and the net proceeds thereof, if it isordered by com petent auth ority to be sold, shall be paid intothe Consolidated Fund, unless other provision is made.

(2) Nothing in this section shall affect any provisionin any Act whereby any portion of any fine or forfeit or ofthe proceeds of any forfeit is expressed to be recoverableby any person or may be granted by any authority to anyperson.48. Where jurisdiction is given to a court to impose asentence of imprisonment any sentence so imposed may,

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I N T E R P R E T A T l O N 29unless the context otherwise requires, be with hard labouror without ha rd labo ur as the court thinks fit.

Provisions as to Otfencesunder two or more Acts, or both under an Act and underthe common law, the offender shall, unless the contraryintention appears, be liable to be prosecuted and punishedunder either or any of those Acts or under th e commonlaw, but shall not be liable to be punished twice for the sameoffence.

(2 ) Where an offence under any Act passed afterthe 1st April, 1968, has been comm itted by a body corp ora tethe liability of whose members is limited, then notwith-standing and w ithout prejudice to the liability of that body,any person who at the time of such commission was adirector, general manager, secretary or other similar officerof that body or was purporting to act in any such capacityshall, subject to subsection ( 3 ) be liable to be prosecuted asif he had personally committed that offence and shall, if onsuch prosecution i t is proved to the satisfaction of the courtthat he consented to, or connived at, or did n ot exercise allsuch reasonable diligence as he ought in the circumstancesto have exercised to prevent the offence, having regard tothe nature of his functions in that capacity and to all thecircumstances, be liable to the like conviction and punish-ment a s if he had persona lly been guilty of th at offence.

( 3 ) A person shall not be charged under subsection(2) except upon the direction of the Director of PublicProsecutions.(4)An Act creating criminal liability for an act or

omission which, apart from that Act, would give rise tocivil liability shall not, in the absence of express provisionto the contrary, operate to prejudice the civil liability; but

49.-(1) W here any act or omission con stitutes a n offence offcnees.

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30 INTERPRETATIONthis subsection shall not be construed as excluding theapplication of any rule of law which restricts the right totake civil proceedings in respect of an act o r om ission whichconstitutes a felony.

Attempt to 50. A provision which constitutes an offence shall, unlessoffencetobe the contrary intention appears, be deemed to provide alsodeemedanffence. that an attempt to commit such offence shall be an offenceagainst such provision, punishable as if the offence itself hadbeen committed.

corni t an

Miscellaneous51 . Whenever any change in title of any public officeoccurs, the Minister, if occasion requires, may by notice

in the Gazetre declare that such change of title shall takeeffect from a date specified in such notice, and, with effectfrom such date, any reference in any Act or other instrumentof a public character to the former title of such office, shallbe read and construed as a reference to that office by suchnew title as the M inister may declare in such notice.

Changein

Off ice .

title ofpublic

Serr-ioe of 52.-(1) Where any Act authorizes or requires any docu-ment to be served by post, whether the expression serve,give or send or any o ther expression is used, then, unlessa contrary intention appears, the service shall be deemedto be effected by properly addressing, prepaying an d postinga letter containing the docum ent, and, unless the contrary isproved, to have been effected at the time at which the letterwould be delivered in the o rdinary course of post.

(2 ) Where an Act authorizes or requires a docu-ment to be served on any person without directing it to beserved in a particular manner the service of that documentmay be effected either-

documents.

(a) by personal service; o r( b ) by post in accordance with subsection (1); o r

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INTERPRETATION 31(c) in the case of a corporate body or of any associa-tion of persons (whether incorporated or not), by

delivering it to the secretary or clerk of the bodyor association at the registered or principal oficeof the body or association or serving it by post onsuch secretary or clerk at such office; or

( d ) if it is not practicable after reasonable enquiryto ascertain the name or address of an owner,lessee, or occupier of premises on whom the docu-ment should be served, by addressing the documentto him by the description of owner or lesseeor occupier of the premises (identifying them) towhich the document relates, and by delivering it tosome person on the premises or, if there. is noperson on the premises to whom it can be delivered,by affixing it, or a copy of it to some conspicuouspart of the premises.

53. Where power is given to the Governor-General in Significa-Council to make regulations, it shall be sufficient, unless ordersofit is otherwise expressed, for such regulations to be signified gg?sy-under the hand of the Secretary to the Cabinet :

Provided that any proclamation, warrant, or other instru-ment issued under the Broad Seal, shall be issued under thehand of the Governor-General himself.

tion of

54. Save as is otherwise expressly provided by any Act, powerofwhenever any act or thing is required to be done by morethan two persons, a majority of them may do it.55. Where any Act is divided into Parts, Titles, or other Division

of Actdivisions, the fact and particulars of such division shall with intoor without express mention thereof in any Act, be takennotice of in all courts and for all other purposes whatsoever.

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32Construc-tion of pre-ambleandScheduleso f Acts.

Deviationsinforms.

Construc-tion ofamendingAct withamcndedAct.Reprint ofamendedAct%

Notificationof enact-ment andsale ofregulations,etc.

I N T E R P R E T A T I O N5 6 . 4 1 ) The preamble of any Act may be referred to for

(2) Every Schedule or Table to any Act, or part ofany Act, shall, together with any notes thereto, be construedand have effect as part of the Act.

assistance in explaining the scope and object of the Act.

57. Whenever forms are prescribed in any Act slightdeviations therefrom, not affecting the substance or cal-culated to mislead, shall not invalidate them.58. Where one Act amends another Act the amendingAct shall, so far as it is consistent with the tenor thereof,and unless the contrary intention appears, be construed as

onc with the amended Act.59. When any Act is amended it shall be lawful for theGovernment Printer with the authority of the Governor-General to print copies of the Act with all the necessaryadditions, omissions, substitutions and amendments effectedby the amending Act or Acts and such copies shall be deemedto be authentic copies of the Act so amended.60. Where any regulation or other instrument of a publiccharacter is required either expressly or by implication to bepublished or notified in the Gazerre, a notice in the Gazetrethat such regulation or other instrument has been made and

of the place where copies thereof can be purchased orperused shall be sufficient compliance with such requirement.Evidence 61. Whenever the fiat of the Attorney-General or theOf signat"= Director of Public Prosecutions is necessary before anyo f Attorney-Generalor prosecution or action is commenced, any document pur-theDirecloror porting to bear the fiat of the Attorney-General or thePublicProsecutions. Director of Public Prosecutions shall be received as primafucie evidence in any proceeding without proof being given

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INTERPRETATION 33that the signature to such fiat is that of the Attorney-General or the Director of Public Prosecutions.

62. Any Act may be altered, amended, or repealed, in Amendmentor repealin sameSession.

the same Session of Parliament.63. No Act shall in any manner whatsoever affect the Sarzing

right of the Crown, unless it is therein expressly stated, or oftheunless it appears by necessary implication, that the Crown Crown.is bound thereby.

of rights

a.-( In this sectim- Mandatedterritoricstionofmandated territory means territory in respect of OOnStmc-which a mandate from the League of Nations was enactmcnts,

accepted by Her Majesty, being territory under theadministration of Her Majestys Government inthe United Kingdom or by the Government of anypart of the Commonwealth;

trust territory means territory administered by HerMajestys Government in the United Kingdom orby the Government of any part of the Common-wealth under the trusteeship system of the UnitedNations.

(2) Where any enactment (whether passed beforeor after the termination of the League of Nations) refersin whatever terms to mandated territories (or to a particularmandated territory) then notwithstanding that such territorymay have become a trust territory since the termination ofthe League of Nations, Mandates of the League of Nationsshall not for the purposes of that enactment be deemed tohave come to an end with the termination of the League.

(3) This section shall be deemed to have had effectfrom the date of the termination of the League of Nations.

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34 INTERPRETATIONSupplemental

65. The provisions of this Act which are expressed toapply to Acts passed after the 1st April, 1968, shall not affectthe construction of any Act passed before that date, althoughit is continued or amended by an Act passed subsequently.

Savingforpast Acts.

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the interpretation act

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