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Laws of Montserrat

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Laws of Montserrat MONTSERRAT LAWS OF MONTSERRAT comprising all of the Acts, subsidiary legislation and certain other laws in force as at 1 January 2008, arranged in chapters and presented as booklets bound into loose-leaf volumes. ____________ 2008 REVISED EDITION Prepared under the Authority of The Revised Edition of the Laws Act BY HON ATTORNEY GENERAL OF MONTSERRAT Law Revision Commissioner ____________ VOLUMES 1 to 12 Preliminary Booklet Chapters 1.01 – 18.13 MONTSERRAT LAWS OF MONTSERRAT comprising all of the Acts, subsidiary legislation and certain other laws in force on 1 January 2008, arranged in chapters and presented as booklets bound into loose-leaf volumes. ____________ 2008 REVISED EDITION Prepared under the Authority of The Revised Edition of the Laws Act BY HON. ATTORNEY GENERAL OF MONTSERRAT Law Revision Commissioner ____________ VOLUMES 1 to 12 Preliminary Booklet Chapters 1.01 – 18.13 Published in 2009 On the authority and on behalf of the Government of Montserrat By The Regional Law Revision Centre Inc. Available for purchase from— Attorney General’s Chambers Montserrat British West Indies Tel: (664) 491-4686/5180 Fax: (664) 491-4687 E-mail: [email protected] Printed on the authority and on behalf of the Government of Montserrat by The Regional Law Revision Centre Inc. P.O. Box 1626, Hannah-Waver House, The Valley, AI-2640, Anguilla Authorised Printers for this Revised Edition LAWS OF MONTSERRAT Preface PRELIM. i Revision Date: 1 Jan 2008 PREFACE This 12-volume updated revised edition of the laws of Montserrat shows the principal and subsidiary laws as at 1 January 2008. The laws are contained in chapters that include the main Act together with subsidiary legislation made under that Act, and also related legislation. The chapters are— • listed alphabetically at page 7 of this booklet; and • grouped into subject Titles, as shown in the Table at page 31 of this booklet. The updated revised edition is published in the form of loose-leaf booklets to allow for the updating of the publication as the law changes. Each page of the updated revised edition shows the revision date, which is the date up until when the law is conclusively stated. The updated revised edition is prepared and published under the authority of the Revised Edition of the Laws Act, which allows for the revised edition to be published also in electronic format—in CDs and on the internet, if required and made formally. The publication of this updated revised edition is an update of the 2002 Revised Edition—thanks are due to the Department for International Development of the Government of the United Kingdom for funding the project, to Eugene Otuonye, Q.C., Law Revision Consultant, Steadroy Meade, Legislative Assistant in the Attorney General’s Chambers of Montserrat for locating and consolidating the laws and to Yolande Dash, Legislative Publishing Consultant of The Regional Law Revision Centre Inc for her expertise in typesetting and printing, the entire work and the preparation of the Revised Edition CD-ROM. JAMES WOOD HON ATTORNEY GENERAL and LAW REVISION COMMISSIONER March 2009 ____________ LAWS OF ii PRELIM. User’s Guide and Information MONTSERRAT Revision Date: 1 Jan 2008 USER’S GUIDE AND INFORMATION This section of the Preliminary Booklet (PB) contains useful guide and other information for both the previous and new subscribers/purchasers and users of the Revised Editions of the Laws of Montserrat. 2002 REVISED EDITION The 2002 Revised Edition of the Laws of Montserrat was the product of a general revision. It brought the Laws updated to 1 January 2002 (the 2002 Revision Date). These Laws are contained in 247 booklets and bound in a green leather binder set of 12 Volumes. The booklets colour is grey. There is also the electronics version that comes in a CD-ROM. This Revision organized the Laws under subject heading and adopted the format, among others, of keeping the principal and related subsidiary legislations in one booklet rather than separate booklets. For ease of reference, the PB for the 2002 Revised Edition sets out this format and other useful information on the 2002 Revised Edition Laws including in particular, the disposition section, which sets out in chronological order, the Acts and their status (‘how dealt with’ comments) as at the 2002 Revision Date. 2008 REVISED EDITION The 2008 Revised Edition is not a general revision but an update of the 2002 Revised Edition. It consolidated and revised those Laws of Montserrat, which though revised up to 2002, subsequently fell due for another revision for variety of reasons, the chief of which will include amendments, repeals, enactment of new Acts and Regulations or other subsidiary legislation. This Revised Edition included certain laws, which were in force but were omitted from the 2002 Revised Edition. It revised and updated the relevant Laws up to 1 January 2008 (the 2008 Revision Date). Please note: there are instances where amending enactments came into force after the 2008 Revision Date but are nevertheless included in this Revised Edition. Wherever this is the case, appropriate footnote has been made to alert the user. Such instances include: The Income and Corporation Tax Act, Customs Duties and Consumption Tax Act and Licensing of Utility Services Act. LAWS OF MONTSERRAT User’s Guide and Information PRELIM. iii Revision Date: 1 Jan 2008 The updated laws involved in this 2008 Revised Edition are contained in 70 booklets. These booklets are green in colour to make them easily distinguishable from the 2002 Revised Edition booklets that are not affected by the 2008 Revision. One of the booklets affected by this 2008 Revision is the PB. It retained all the features and format of the PB of the 2002 Revised Edition except in three major respects: Firstly, it contains this ‘User’s Guide and Information’ section. Secondly, it now includes a list (in alphabetical order) of all the U.K. Statutory Instruments (S.I.s.) applicable to Montserrat as at the Revision Date of 1 January 2008. Thirdly, it indicates in the ‘General Index to the Revised Edition’ as well as in the ‘List of Titles and Chapters’ whether or not an Act or any subsidiary legislation has been the subject of this 2008 Revision. This is done by the notation ‘1/1/2008’, if revised in or otherwise affected by the 2008 Revision or ‘1/1/2002’ if not revised or otherwise so affected. In this regard, the user would notice that some principal Acts may have been subject of this revision with a notation of 1/1/2008 but the subsidiary legislation under them are with a notation 1/1/2002. This could be vice verse. Wherever these notations appear, this would invariably be an indication that the subsidiary legislation (e.g. Regulations) though made under a repealed Act, would continue good and valid under the relevant revised or new Act until repealed or otherwise replaced. An example is the Licensing of Utility Services Act and the related subsidiary legislations—Interim Water Supply Regulations and Electricity Supply Order. USING BOTH REVISED EDITIONS Finally, a word on purchasing and using both Revised Editions: In order to update his or her set of the Laws, a previous purchaser/user of the 2002 Revised Edition set of 12 Volumes, may purchase the 70 booklets containing the 2008 revised laws and simply substitute them in the relevant Volumes in place of the obsolete booklets. The Volumes, if fully replaced with the 2008 revised booklets, would contain booklets of two colours, showing at a glance the laws subject to the 2008 Revision and those not so affected. To assist the user in this exercise, a brief manual titled ‘Step by Step Instructions for Updating the Revised Edition of the Laws of Montserrat’ (the Manual) and a ‘Table of Content of the 2008 Revised Edition’ (the Table of LAWS OF iv PRELIM. User’s Guide and Information MONTSERRAT Revision Date: 1 Jan 2008 Contents) have been included in the bundle of information documents that come with the 2008 Revised Laws. A new purchaser/user would notice that the set of 12 Volumes now contains booklets of two colours (grey and green) again showing at a glance, that the 2002 Revised Edition has been updated and the laws so affected by that update are contained in the booklets in green colour. NB: Please secure the Manual and the Table of Content even after updating your set of the 12 Volumes of the Revised Laws (in the case of previous purchaser/user) or when there no need to update (in the case of new purchaser/user). Further, secure also (preferably in your library archive records), the 2002 Revised Edition booklets removed from the volume binders even though they may appear obsolete upon replacement with the updated version. There will always be need in the future to make reference to them. CITING THE LAWS The practitioner will of course continue to discharge his or her duty to the Court and others by citing these Laws with sufficient clarity to make them easily identifiable and accessible. ____________ LAWS OF MONTSERRAT Contents PRELIM. 5 Revision Date: 1 Jan 2008 TABLE OF CONTENTS PRELIMINARY BOOKLET: Pages Preface ................................................................ i User’s Guide and Information ............................ ii Table of Contents of Volumes 1 to 12................. 5 General Index of the Revised Edition – Alphabetical ............................................. 7 List of Titles and Chapters ................................. 31 List of Omitted Laws .......................................... 57 Chronological Index of Laws ............................. 60 List of United
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