DOCSLIB.ORG

The Law Revision Act

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Law Revision Act LAW REVISION 1 THE LAW REVISION ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Appointment and remuneration of Commissioners. 4. Duty of Commissioners to revise laws. 5. Revised Laws to be published in loose-leaf form. 6. Inclusion in or removal of pages from Revised Laws. 7. Validity of Revised Laws. 8. Contents of Revised Laws. 9. Laws or parts of laws may be omitted, and shall continue in force. 10. Revised Laws to be prepared as at the prescribed date and thereafter annually kept up to date 11. Powers of Commissioners. 12. Limitation of Commissioners’ powers. 13. Construction of references to laws embodied in Revised Laws. 14. Expenses. SCHEDULES 1 Feinclusion of this page is authorized by L.N. 480/1973] LAW REVISION 3 Act THE LAW REVISION ACT 42 01 1969. [23rd December, 1969.1 1. This Act may be cited as the Law Revision Act. Short title. 2. In this Act unless the context otherwise requires- himm tation. “Commissioner” means a Statute Law Commissioner appointed by the Governor-General under section 3; “Commonwealth laws” means Acts and other in- struments of a Commonwealth country (other than Jamaica) having legislative effect in Jamaica and includes any law applied to Jamaica by any such Act or other instrument; “laws” means Laws, Acts, regulations and other subsidiary legislation and includes Commonwealth laws; “prescribed year” has the meaning assigned to it by subsection (3) of section 10. 3.41) The Governor-General shall appoint one or Appoint- ment and more fit and proper persons as Commissioners for the remmcra. purposes of this Act, to be known as the “Statute Law ,!$AfiS- Commissioners”. 91a. (2) In case any of the Commissioners shall from any cause be unable fully to discharge his commission under this Act, the Governor-General may appoint some other fit and proper person to be a Commissioner in his stead. (3) There shall be paid to the Commissioners such salaries or remuneration as may be determined by the Minister. IThe inclusion of thia page is suthorized by L.N. 480/19731 4 LAW REVISlON Duty of 4. It shall be the duty of the Commissioners to cause Commis- sioners to to be prepared, maintained and published an edition of revise laws. the laws of Jamaica in accordance with the provisions of this Act, which edition shall be known for all purposes as the “Revised Laws of Jamaica”. Revised 5.41) The Revised Laws of Jamaica (hereafter referred Laws to he published in to as “the Revised Laws”) shall be published in loose- loose-leaf form leaf form or in such other form as the Commissioners may determine and shall comprise such pages as may be authorized to be included therein by order of the Minister made under section 6. (2) Every page comprised in the Revised Laws shall bear a reference to the order by which its inclusion therein was authorized. Inclusionin 6.41) It shall be lawful for the Minister by order or removal of Pages published in the Gazette to authorize the inclusion in the from Reviscd Revised Laws of each page to be comprised therein. Laws. (2) Any order made under this section may authorize the removal from the Revised Laws of any page- (a) which has been replaced by a new page authorizd by such an order to be included therein; or (b) in any case where the provisions contained in that page may be omitted from the Revised Laws by the Commissioners by virtue of the powers con- ferred on them by this Act. (3) The inclusion in or removal from the Revised Laws of a page by the authority of an order made under this section shall have effect from such date as the Minister , shall declare in the order. Validity of 7. Subject to the provisions of section 9 and section 12, RC”i*od LWS. the pages of the Revised Laws shall from the date declared - [The inclusion of this page is authorized by L.N 480/19731 LAW REVlSION 5 in the order or orders by which their inclusion was authorized, be in all courts and for all purposes whatsu- ever deemed to be and shall be the sole and proper Statute Book of Jamaica in respect of the laws contained therein, other than Commonwealth laws : Provided that nothing in this section shall affect the operation of any provision in a law (in relation to which pages have not been included in the Revised Laws) which repeals or amends any law for the time being contained in the Revised Laws, or modifies the construction or application of any provision of any such law. 8. The Revised Laws shall subject to the provisions of Contentsof Revised this Act contain- Laws. (a) as far as practicable every Law or Act in force, and which was enacted prior to the date declared pursuant to subsection (3) of section 6 in the last order made by the Minister under that section other than Laws or Acts omitted under the authority of this Act; (b) such regulations or other subsidiary legislation in force, and which were made prior to such last-mentioned date as the Commissioners think fit to include therein; (c) any Commonwealth laws which the Commis- sioners think fit to include therein; (d) a chronological list of Laws and Acts (with con- version table), a table of contents and an index: Provided that where a page has been authorized to be included in the Revised Laws by an order made by the Minister other than an order made authorizing the inclu- sion of pages prepared pursuant to subsection (1) of phe inclusion of this page is authorized by L.N. 480/1973] 6 LAW REVISION section 10, it shall not be necessary to authorize by such first-mentioned order the inclusion in the Revised Laws of any Act enacted subsequent to the 31st day of Decem- ber of the prescribed year. Laws or 9.-(1) It shall not be necessary for the Commissioners parts of laws may to include in the Revised Laws- be omiltkd, and shall (a) the laws specified in the First Schedule; conlinue in force. (b) those parts of the laws mentioned in the first and First second columns of the Second Schedule which are Schedule. Seomd specified in the third column of the said Schedule; Schedule. (c) any current financial appropriation Act; (d) any law containing only special provision in relation to the pension of any person named therein; or (e) any enactment making provision in relation to the application or non-application of any law of Jamaica to the Turks and Caicos Islands or the Cayman Islands as Dependencies or otherwise: Provided, however, that the said Acts, laws, or enact- ments shall remain in force until the same shall have been repealed or shall have expired or become spent or had their effect. (2) The Minister may by order published in the First and Gazetre vary or add to the First and Second Schedules Second Schedules. or either of them. Revised 10.-(1) As soon as practicable after the 31st day of Laws to be ppared as December of the prescribed year and thereafter of each at the pre- scribed date succeeding year it shall be the duty of the Commissioners and there- to prepare in accordance with the provisions of Act after this aMudly the necessary pages for inclusion in the Revised Laws so kept up to date. that it may contain all the laws which are required or me inclusion of this page is authorized by L.N. 480119731 LAW REVlSION 7 authorized by the provisions of this Act to be included therein and are in force on that date. (2) Nothing in this section shall be construed so as to- (a) prevent the Commissioners from preparing pages for inclusion in the Revised Laws at more frequent intervals; (b) prevent the Minister from authorizing by Order under and in accordance with section 6 the inclu- sion in the Revised Laws of any pages and the removal therefrom of any pages. (3) In this Act “prescribed year” means the year 1969 or any other year which the Minister may prescribe in substitution therefor.* 11.-(1) In the preparation of the Revised Laws the Powersor Commis- Commissioners shall have the following powers, that is to smnm.. say- (a) to omit- (i) all laws or parts of laws which have been repealed or revoked expressly or speci- fically or by necessary implication, or which have expired or have become spent or have had their effect; (ii) all repealing or revoking enactments con- tained in laws and also all tables and lists of repealed or revoked enactments, whether contained in Schedules or otherwise; (iii) all preambles and long titles to laws, where such omission can, in the opinion of the Commissioners, be conveniently made; (iv) all words of enactment in any law or sec- tion of a law; ‘L.N.N. 275/1970, 173/1971, 137/1972, 429/1973. me inclusion of this page is authorized by LH. 480/1973] 8 LAW REVISION (v) all enactments prescribing the date when, or the manner in which, any law or part of any law is to come into force, where such omission can, in the opinion of the Commissioners, conveniently be made; (vi) all amending laws or parts thereof, where the amendments effected thereby have been embodied by the Commissioners in the laws to which they relate; (vii) all enactments providing for the validation of acts or indemnity or alterations as to names, localities, offices, titles or ranks where such alterations have been embodied by the Commissioners in the laws to which they relate; (viii) transitional provisions relating to the vest- ing or transfer of assets and liabilities or enactments providing for the continuance in force of existing regulations and other instruments or the validation thereof; (b) to arrange the laws by chapters in such order and manner as the Commissioners may determine and to leave unallocated such chapter numbers as they consider may be required for future enactments; and to attach appropriate marginal references at the head of each chapter; (c) to consolidate into one law any two or more laws in pari rnareria, making the alterations thereby rendered necessary in the consolidated law and affixing if necessary such date thereto as may Seem most convenient; (d) to alter the order of sections h, or Schedules to, any law and, in any case where it is necessary to do so, to renumber the sections or Schedules; [The inclusion of this page iS authorized by L.N.
Load more

Recommended publications
  • Jamaica's Parishes and Civil Registration Districts
    Jamaican registration districts Jamaica’s parishes and civil registration districts [updated 2010 Aug 15] (adapted from a Wikimedia Commons image) Parishes were established as administrative districts at the English conquest of 1655. Though the boundaries have changed over the succeeding centuries, parishes remain Jamaica’s fundamental civil administrative unit. The three counties of Cornwall (green, on the map above), Middlesex (pink), and Surrey (yellow) have no administrative relevance. The present parishes were consolidated in 1866 with the re-division of eight now- extinct entities, none of which will have civil records. A good historical look at the parishes as they changed over time may be found on the privately compiled “Jamaican Parish Reference,” http://prestwidge.com/river/jamaicanparishes.html (cited 2010 Jul 1). Civil registration of vital records was mandated in 1878. For civil recording, parishes were subdivided into named registration districts. Districts record births, marriages (but not divorces), and deaths since the mandate. Actual recording might not have begun in a district until several years later after 1878. An important comment on Jamaican civil records may be found in the administrative history available on the Registrar General’s Department Website at http://apps.rgd.gov.jm/history/ (cited 2010 Jul 1). This list is split into halves: 1) a list of parishes with their districts organized alphabetically by code; and 2) an alphabetical index of district names as of the date below the title. As the Jamaican population grows and districts are added, the list of registration districts lengthens. The parish code lists are current to about 1995. Registration districts created after that date are followed by the parish name rather than their district code.
    [Show full text]
  • Hurricane Ivan in the Caribbean, in Accordance with the Results of On-Going Assessments
    CARIBBEAN: HURRICANE 16 September 2004 IVAN The Federation’s mission is to improve the lives of vulnerable people by mobilizing the power of humanity. It is the world’s largest humanitarian organization and its millions of volunteers are active in over 181 countries. In Brief Appeal No. 21/04; Operations Update no. 5; Period covered: 14 - 16 September 2004; Appeal coverage: 18.4%; (the Contributions List available on the website is currently being updated). Appeal history: · Launched on 10 September 2004 for CHF 1,752,697 (USD 1,389,560 or EUR 1,137,899) for 6 months to assist 10,000 beneficiaries (2,000 families) in Grenada. · Revised on 15 September 2004 for CHF 6,033,000 (USD 4,764,410 or EUR 3,910,502) for 6 months to assist 85,000 beneficiaries (17,000 families) in Grenada, Jamaica, the Cayman Islands and Cuba. · Disaster Relief Emergency Funds (DREF) allocated: CHF 300,000. Given the developing nature of this disaster, the preliminary revised appeal will be readjusted to respond to the needs from the passage of Hurricane Ivan in the Caribbean, in accordance with the results of on-going assessments. The Federation’s approach to this operation and the strategy outlined in the appeal are intended to be flexible; donors are encouraged to provide timely suppo rt, with minimum earmarking. Outstanding needs : CHF 4,920,833 Related Emergency or Annual Appeals: Related Emergency or Annual Appeals: Caribbean Annual Appeal (Appeal 01.52/2004), Pan American Disaster Response Unit (PADRU) Annual Appeal (Appeal 01.51/2004) Operational Summary: The distribution of relief supplies shipped to Grenada by the Federation is now well underway.
    [Show full text]
  • A Systematic Study of Selcet Species Complexes Of
    A SYSTEMATIC STUDY OF SELECT SPECIES COMPLEXES OF ELEOCHARIS SUBGENUS LIMNOCHLOA (CYPERACEAE) A Dissertation by DAVID JONATHAN ROSEN Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2006 Major Subject: Rangeland Ecology and Management A SYSTEMATIC STUDY OF SELECT SPECIES COMPLEXES OF ELEOCHARIS SUBGENUS LIMNOCHLOA (CYPERACEAE) A Dissertation by DAVID JONATHAN ROSEN Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Approved by: Chair of Committee, Stephan L. Hatch Committee Members, J. Richard Carter William E. Fox III James R. Manhart Fred E. Smeins Head of Department, Steven G. Whisenant December 2006 Major Subject: Rangeland Ecology and Management iii ABSTRACT A Systematic Study of Select Species Complexes of Eleocharis Subgenus Limnochloa (Cyperaceae). (December 2006) David Jonathan Rosen, B.S., Texas State University; M.S., Texas A&M University Chair of Advisory Committee: Dr. Stephan L. Hatch A systematic study of two complexes of closely related species within Eleocharis subg. Limnochloa was conducted to better define poorly understood species and to lay the foundation for a worldwide revision of this group. Research utilized scanning electron microscopy (SEM), study of more than 2300 herbarium specimens and types from 35 herbaria, multivariate analysis, and field studies in the southeast United States and Mexico. Examination of achene gross- and micromorphology using SEM indicated a relationship among the species of the Eleocharis mutata complex (comprising E. mutata, E. spiralis, and E. cellulosa), their distinctness from the E.
    [Show full text]
  • Town and Country Planning (St. Catherine Area) Confirmed
    JUNE 5, 2017] PROCLAMATIONS, RULES AND REGULATIONS 6361A THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS 6361A Vol. CXL MONDAY, JUNE 5, 2017 No. 451A No. 911A THE TOWN AND COUNTRY PLANNING ACT THE TOWN AND COUNTRY PLANNING (ST. CATHERINE AREA) PROVISIONAL DEVELOPMENT ORDER, 2017 In exercise of the power conferred upon the Town and Country Planning Authority by section 5(1) of the Town and Country Planning Act, the following Provisional Development Order is made, after consultation with the Saint Catherine Municipal Corporation. SECTION 1—Citation, Interpretation and General Regulations and Schedules (First–Fourth) Citation 1. This Order may be cited as the Town and Country Planning (St. Catherine Area) Provisional Development Order, 2017. Interpreta- 2. In this Order— tion. “the Act” means the Town and Country Planning Act; “the Authority” has the meaning assigned to it by section 2 of the Act; 6362A PROCLAMATIONS, RULES AND REGULATIONS [JUNE 5, 2017 “base station” means a structure, fixed or mobile, consisting of transmit- ters and receivers that are connected to antennae, by feeder cables and may be microcell, macrocell or picocell; “broadcasting” has the meaning assigned to it by the Telecommunica- tions Act and the Broadcasting and Radio Re-Diffusion Act; “building” in relation to outline permission, does not include plant or machinery or a structure or erection of the nature of plant or ma- chinery; “conservation areas” means an area of special architecture or environ- mental interest, the character or appearance of which it is desirable to preserve or enhance and within which are specific controls over development and the felling of trees; “development” has the meaning assigned to it by section 5 of the Act and “develop” shall be construed accordingly; Part I.
    [Show full text]
  • The Fiddler Crabs (Crustacea: Brachyura: Ocypodidae: Genus Uca) of the South Atlantic Ocean
    Nauplius 20(2): 203-246, 2012 203 The fiddler crabs (Crustacea: Brachyura: Ocypodidae: genusUca ) of the South Atlantic Ocean Luis Ernesto Arruda Bezerra Universidade Federal Rural do Semi-Árido, Departamento de Ciências Animais, Av. Francisco Mota, 572, 99625-900, Mossoró, Rio Grande do Norte, Brazil. E-mail: [email protected] Programa de Pós-Graduação em Ciências Marinhas Tropicais, Instituto de Ciências do Mar (LABOMAR), Universidade Federal do Ceará. Abstract The taxonomy of the 11 species of fiddler crabs [Uca (Uca) maracoani (Latreille, 1802-1803), U. (U.) tangeri (Eydoux, 1835), U. (Minuca) burgersi Holthuis, 1967, U. (M.) mordax (Smith, 1870), U. (M.) rapax (Smith, 1870), U. (M.) thayeri Rathbun, 1900, U. (M.) victoriana von Hagen, 1987, U. (M.) vocator (Herbst, 1804), U. (Leptuca) cumulanta Crane, 1943, U. (L.) leptodactyla Rathbun, 1898 and U. (L.) uruguayensis Nobili, 1901] of the South Atlantic Ocean is reviewed. Keys for identification, updating the keys for the Atlantic Ocean are proposed, including the species recently described. Comments reporting morphological variations among types and additional material and among populations of different localities are included. The Atlantic species are divided into three subgenera: Uca s. str., Minuca and Leptuca. The eastern Atlantic species U. (U.) tangeri is included in subgenus Uca s. str. due to the presence of a proximal spine opposing the spoon-tipped setae of the second maxilliped, which is considered an apomorphic character of the subgenus Uca s. str. Key words: Genus Uca, South America, taxonomy Introduction taxa and synonymized others, while Ng et al. (2008) listed all species and allocated them Since the monumental work of Crane to nomenclaturally valid subgenera following (1975), several taxonomic changes have been the subgeneric system proposed by Beinlich proposed in the taxonomy of fiddler crabs and von Hagen (2006).
    [Show full text]
  • Inhoudsopgave
    Inhoudsopgave Voorwoord 5 Morass)) 28 Economie en welzijn 29 Eten en drinken 30 ACHTERGRONDEN 7 Excursies 32 Ligging en klimaat 7 Geschiedenis van Jamaica 33 Ligging 7 De vroegste tijd 33 Klimaat 7 Onder Spaans bewind 33 Land en volk 10 De Engelse periode 34 Het land 10 De Maroonse oorlogen 35 De bevolking 10 Het ontstaan van Kingston 36 Religie 11 Ontwikkelingen onder Brits bestuur 36 Rastafari 12 Op weg naar onafhankelijkheid 38 Sport en spel 12 Jamaica onafhankelijk 39 Staatsinrichting 12 De nationale helden 42 Taal 13 Marcus Mosiah Garvey 42 Toerisme 14 Norman Washington Manley 42 Winkelen en souvenirs 14 Sir Alexander Bustamante 43 Provincies, districten en gemeenten 17 George William Gordon 43 Flora en fauna 17 Paul Bogle 44 Flora 17 Samuel Sharpe 44 Fauna 19 Granny Nanny 45 Nationale parken en beschermde Gezondheid 46 natuurgebieden 22 Kunst en cultuur 46 Bogue Lagoon (Montego Bay Muziek 47 Marine Park) 22 Bob Marley 47 Canoe Valley en Alligator Pond (Manchester) 23 Font Hill Beach Park and Wildlife PRAKTISCHE INFORMATIE 51 Sanctuary (Whitehouse) 24 Van A tot Z 51 Great Morass (Negril) 24 Holywell Recreation Area (Blue Mountains) 25 BEZIENSWAARDIGHEDEN 67 Montego Bay Marine Park 26 Inleiding 67 Negril Environmental Protection Vooraf 67 Area 27 De persoonlijke top-5 beziens- Portland Bight Protected Area waardigheden op Jamaica van (Kingston) 27 Paul de Waard 68 Roaring River Park (Ocho Rios) 27 Rocklands Bird Feeding Station Cornwall County 69 (Montego Bay) 28 Hanover Parish 69 Royal Palm Reserve (Negril, (Great Lucea 69 3 RHB
    [Show full text]
  • National Disaster Preparedness Baseline Assessment: Jamaica © Pacific Disaster Center 2015 This Page Intentionally Left Blank
    National Disaster Preparedness Baseline Assessment: Jamaica © Pacific Disaster Center 2015 This page intentionally left blank. National Disaster Preparedness Baseline Assessment: Jamaica © Pacific Disaster Center 2016 i Authors Erin Hughey, PhD Doug Mayne Director of Disaster Services Disaster Management Advisor Pacific Disaster Center Pacific Disaster Center [email protected] [email protected] Dan Morath, MS, GISP Sharon Mielbrecht Senior Disaster Risk Analyst Hazard Mitigation Specialist Pacific Disaster Center Pacific Disaster Center [email protected] [email protected] Rachel Leuck, MS HeatherLyn Gray Disaster Services Analyst Disaster Services Analyst Pacific Disaster Center Pacific Disaster Center [email protected] [email protected] Cassie Stelow, MS Todd Bosse Disaster Services Analyst Senior Disaster Management Specialist Pacific Disaster Center Pacific Disaster Center [email protected] [email protected] © Pacific Disaster Center 2016 1305 North Holopono Street, Suite 2 Kihei, Hawaii 96753 Website: www.pdc.org Phone: 808.891.0525 To request additional information on this report email: [email protected] National Disaster Preparedness Baseline Assessment: Jamaica © Pacific Disaster Center 2016 ii This page intentionally left blank. National Disaster Preparedness Baseline Assessment: Jamaica © Pacific Disaster Center 2016 iii Acknowledgements A special mahalo to Jamaica’s Office of Disaster Preparedness and Emergency Management (ODPEM) and the National Spatial Data Management Division (NSDMD) for providing leadership and insight throughout the National Disaster Preparedness Baseline Assessment (NDPBA) project. The commitment and dedication of ODPEM and NSDMD to developing the foundation for a more resilient Jamaica has saved lives and reduced disaster losses. Although this is an ongoing process, the commitment of the men and women of these organizations illustrates the desire to build a disaster-resilient nation.
    [Show full text]
  • Milieudefensie Rapport Mijnbouw F.Indd
    Mining matters Unacceptable metal mining in developing countries and the responsibilities of companies in the Netherlands Friends of the Earth Netherlands onderkant pagina onderkant pagina Credits Research: Friends of the Earth Netherlands (Milieudefensie) Text: Albert ten Kate Editing: Iris Maher Production: Joukje Kolff Design: Ruparo, Amsterdam © Milieudefensie - Friends of the Earth Netherlands, May 2009 Friends of the Earth Netherlands (Milieudefensie) Office: Nieuwe Looiersstraat 31, 1017 VA Amsterdam Post: P O Box 19199, 1000 GD Amsterdam The Netherlands Phone: (00 31) (0) 20 5507 300 Email: [email protected] Website: www.milieudefensie.nl Special thanks to: Anne van Schaik (Friends of the Earth Netherlands, FoE NL) Anne-Sophie Simpere (Les Amis de la Terre, FoE France) Carina Tertsakian (Global Witness) Esther de Haan (SOMO/makeITfair) Jan Willem van Gelder (Profundo) Päivi Pöyhönen (Finnwatch/makeITfair) Coca-Cola: Robert Seegers (public affairs & communications manager Netherlands) Corus: Eric van der Oest (manager public affairs Netherlands) Corus: René Boulonois (manager sustainable development Netherlands) Draka: Annette Schermer (manager safety, health and environment) Draka: Martin de Koning (director corporate communications) Photo cover: Heineken: Hans Kroes (manager safety, health and environment Netherlands) Miners extracting tin Philips: Jan Roodenburg (senior vice president supply, development and sustainability) ore from the Bisie mine in the Democratic Republic of Congo This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsi- © JOHAN SPANNER/ bility of Milieudefensie and can under no circumstances be regarded as HOLLANDSE HOOGTE, reflecting the position of the European Union. NOVEMBER 2008. Contents Executive summary 4 Conclusion and recommendations 7 1.
    [Show full text]