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Transcript of THE LAW REVISION ACT - Ministry of Justice › sites › default › files ›...

  • 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

    10. Revised Laws to be prepared as at the prescribed date and

    11. Powers of Commissioners. 12. Limitation of Commissioners’ powers. 13. Construction of references to laws embodied in Revised Laws. 14. Expenses.

    force.

    thereafter annually kept up to date

    SCHEDULES

    1

    F e inclusion of th is page is authorized by L.N. 480/1973]

  • LAW REVISION 3

    THE LAW REVISION ACT 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 . 4 1 ) The Governor-General shall appoint one or Appoint- more fit and proper persons as Commissioners for the remmcra. purposes of this Act, to be known as the “Statute Law ,!$AfiS- Commissioners”. 9 1 a .

    (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.

    ment and

    IThe inclusion of thia page is suthorized by L.N. 480/19731

  • 4 LAW REVISlON

    4. It shall be the duty of the Commissioners to cause to be prepared, maintained and published an edition of 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”.

    5.41) The Revised Laws of Jamaica (hereafter referred to as “the Revised Laws”) shall be published in loose- 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.

    6.41) It shall be lawful for the Minister by order published in the Gazette to authorize the inclusion in the Revised Laws of each page to be comprised therein.

    (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.

    7. Subject to the provisions of section 9 and section 12, the pages of the Revised Laws shall from the date declared

    - [The inclusion of this page is authorized by L.N 480/19731

    Duty of Commis- sioners to revise laws.

    Revised Laws to he published in loose-leaf form

    Inclusionin or removal of Pages from Reviscd Laws.

    Validity of RC”i*od LWS.

    ,

  • LAW REVlSION

    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.

    5

    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

    Laws or parts of laws may be omiltkd, and shall conlinue in force. First Schedule. Seomd Schedule.

    First and Second Schedules.

    Revised Laws to be p p a r e d as at the pre- scribed date and there- after aMudly kept up to date.

    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.

    9.-(1) It shall not be necessary for the Commissioners

    (a) the laws specified in the First Schedule; (b) those parts of the laws mentioned in the first and

    second columns of the Second Schedule which are specified in the third column of the said 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:

    to include in the Revised Laws-

    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 Gazetre vary or add to the First and Second Schedules or either of them.

    10.-(1) As soon as practicable after the 31st day of December of the prescribed year and thereafter of each succeeding year it shall be the duty of the Commissioners to prepare in accordance with the provisions of this Act the necessary pages for inclusion in the Revised Laws so 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

    (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.*

    to-

    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 Commissione