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Short title
- This Law shall be referred to as the Interpretation Law.
CHAPTER 1
Interpretation of certain words and expressions
- In this Law and in every other Law, and in all public documents, enacted, made, issued, observed or used before or after the commencement of this Law, the following words and expressions shall have the meaning assigned to them respectively, unless there is anything in the subject matter or context which is inconsistent with such interpretation or unless otherwise provided therein-
“field warden” means a person appointed as such under the Field Wardens Law and includes a temporary Field Warden.
“Supreme Court” means the Supreme Court of the Republic established under the Law in force from time to time.
“Senior Veterinary Officer” means the Senior Veterinary Officer of the Government.
“archive” means any record kept or used under the authority of a Law or public document.
“Chief of Police” and “Assistant Chief of Police” mean respectively the Chief of Police and Assistant Chief of Police of the Cyprus Police Force.
“Chief Justice” and “Appellant” mean respectively the Chief Justice and Appellants of the Supreme Court.
“Chief Registrar” means the Chief Registrar of the Supreme Court.
“Cyprus Police Force” means the Police Force of the Republic established under the Law in force from time to time.
“Imperial Parliament” or “Parliament” means the Parliament of the United Kingdom.
“His Majesty” or “Her Majesty”, “the King” or “the Queen” or “the Crown” means His Majesty the King, or Her Majesty the Queen, respectively Sovereigns of the United Kingdom and other Realms and Dominions of the Commonwealth, and includes ancestors and the heirs and successors of such King or Queen.
“Postmaster General” means the Government Postmaster General.
“Attorney General” means the Attorney General of Cyprus.
“Accountant General” means the Accountant General of the Government.
“Secretary of State” means one of Her Majesty’s Principal Secretaries of State.
“the Secretary of State” means Her Majesty’s Secretary of State for the Colonies.
“written”, and expressions referring to written include printing, lithography, typewriting, photography and other ways of depicting or reproducing words in visible type.
“Loan Commissioners” means the Board of Commissioners established under the authority of the Public Loans Law.
“Republic” means the Republic of Cyprus, and includes its territorial waters, and all islands or islets within those territorial waters.
“public holiday” means any day which, based on the provisions of the Law in force at any time, is declared or is declared as a public holiday.
“public notice” means any announcement of a non-legislative nature which is published in the Official Gazette of the Republic.
“Published in the Official Gazette” means published in the Official Gazette of the Republic.
“public document” means a Cabinet decree, ordinance, proclamation, regulations, rules, provisions, notice, or register made, issued or maintained under the authority of a Law.
“Financial Secretary” means the Chief Economic Advisor to the Government.
“civil servant” includes any employee in the public service of the Republic who has powers and exercises duties of a public nature, whether under the direct control of the Council of Ministers or not.
“Municipal Authority” means a Municipal Council or Municipal Committee or other body which is normally authorized by Law to exercise Municipal power and administration.
“Procedural Regulations” when used in relation to a Court, means regulations made or issued by an authority having from time to time the power to make and issue regulations or orders regulating the practice and procedure of such court.
“Will” includes a codicil.
“Order in Council” means an order issued in accordance with the powers conferred by law on the Governor in Council.
“order”, “regulations”, “rules” and “provisions” mean respectively any order, regulations, rules and provisions issued pursuant to powers conferred by law.
“Director of Agriculture” means the Government Director of Agriculture.
“Director of Public Works” means the Director of Public Works of the Government.
“Director of Audit” means the Director of Audit of the Government.
“Director of Medical Services” means the Director of Medical Services of the Government.
“Director of Lands and Surveys” means the Director of Lands and Surveys of the Government.
“Director of Education” means the Government Director of Education.
“Lawyer” means a person registered as such under the Lawyers Law, or any other Law amending or replacing it, or any Law previously in force for this purpose.
“Administrative Officer” means the Administrative Officer of the Government and includes an Assistant Administrative Officer.
“registered” when used with reference to or in relation to a document, means registered under the provisions of the Law for the time being in force applicable to the registration of such document.
“hectare” or “scale” means an area of one thousand six hundred square yards according to the British Imperial Standard.
“Comptroller” means the Controller of Customs and Excise of the Government.
“commencement” with its grammatical variations and related expressions, when used with reference to a Law, means the day on which the Law comes into force.
“Province” means an area declared as a Province by Law or declared as a Province by the Council of Ministers under the authority of a Law for the time being in force and comprising a district.
“District Court” means a District Court established under a Law in force at any time.
“District Supervisor” means a District Supervisor serving in the District Administration and includes an Assistant District Supervisor.
“Prefect” means the Provincial Prefect and includes an Assistant Prefect.
“service by post” – when a Law or public document permits or requires that a document be served by post, regardless of whether the expression service or the expression “given” or “sent” or any other expression is used, then, unless a contrary intention appears, service shall be deemed to have been effected by the regular dispatch, prepayment and posting of a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would have been delivered by the ordinary course of the post.
“Official Gazette of the Republic” means the Official Gazette of the Republic issued by authorization of the Government and includes supplements thereto and any special edition published in this manner.
“Labour Commissioner” means the Government Labour Commissioner and includes the Assistant Labour Commissioner.
“year” means calendar year.
“Court of Appeal” means the Supreme Court of the Republic under its second instance jurisdiction.
“Days” means clean days.
“United Kingdom” when used in this or any other Act or public document-
(a) which was enacted or made before the 1st day of October, 1921, means Great Britain and Ireland~
(b) which was enacted or made after the 1st day of October, 1921, means Great Britain and Northern Ireland.
“Medical Officer” means a doctor in the service of the Government.
“Medical Department” means the Medical Department of the Republic.
“specified” means specified by the Law in which the word occurs or by any public document issued under that Law.
“Chapter”, “Part”, “Article” and “Appendix” indicate respectively a chapter, Part and article of the Law and an Appendix to the Law in which the word occurs and “subsection” indicates a subsection of the article in which the word occurs.
“Community Authority” or “Community Committee” means the mayor and members of the community authority or committee of a city, village or parish of any city or village.
“Government” means the Government of the Republic of Cyprus.
“Governor” means the Governor of the Colony and includes the Provisional Governor or the Officer for the time being in charge of the Government.
“Governor in Council” or any cognate expression means the Governor acting with the advice of the Executive Council of the Colony, but not necessarily acting in such Council assembled, nor necessarily in accordance with such advice.
“Government Analyst” means the Government Analyst and includes an assistant or other analyst employed by the Government.
“Government Bacteriologist” means Government Bacteriologist.
“Government Printer” means the Director of the Government Printing Office and includes a printer purporting to be a printer authorized to print laws and other Government documents.
“Cypriot” means a person who, while formerly a Turkish Subject, acquired or is entitled to acquire British Citizenship, by virtue of the Cyprus (Annexation) Orders in Council, 1914 to 1943, and includes a child of such a person who is or is entitled to become a British Subject and any descendant of such a child who was born in the Republic.
“master” when used in reference to a vessel, means a person (other than a pilot or harbormaster) who is in control or responsible for the vessel at any time.
“law enforcement officer” or “police officer” means a member of the Cyprus Police Force and includes any other person legally authorized to perform police duties.
The words “other”, “differently” and the disjunctive conjunction “or”, when used, shall be interpreted disjunctively and not as implying similarity, unless the word “similar” or some other word of similar meaning is added.
words that introduce the masculine gender also include the feminine.
words in the singular include the plural and words in the plural include the singular.
“lira” means Cypriot lira.
“month” means a calendar month.
“Legal Officer” means the Attorney General of the Republic, the Assistant Attorney General of the Republic and any Lawyer who is a member of the Legal Service of the Republic referred to in Article 112.2 of the Constitution.
“Solicitor-General” means the Solicitor-General of Cyprus.
“Law” means any enactment of the competent legislative authority of the Republic but does not include an Act of Parliament which extends expressly or by implication or which is applied by Law in the Republic nor an Order of the Queen in Council, Royal Charter or Royal Open Letters.
“Financial year” means the twelve months ending on the thirty-first of December of each year.
“oath”, “swear” and “affidavit” include and apply to the affirmation or declaration of a person who is permitted by law to make an affirmation or declaration on oath.
“act” used with reference to a criminal or civil offense, includes a series of acts, and words which refer to acts committed, extend to unlawful omissions.
“person” includes a company, partnership, association, club, foundation or body of persons, whether or not with legal personality.
“sale” and “sell” includes exchange, barter, and offering or exposing for sale.
“vessel” includes a ship, boat, barge or other floating craft used for maritime transport.
“Department” means a Department of the Government that performs a public duty with authorization and on behalf of the Republic.
“Accountant General’s Department” means the Accountant General’s Department and includes the Treasury of the Republic and the Provincial Funds.
“I sign” with its grammatical variations and related expressions, referring to a person who is unable to sign his name, includes his fingerprint.
“Christian name” means a name that precedes the surname, whether acquired following Christian baptism or otherwise.
“territorial waters” means any part of the high seas within one nautical league from the coast of the Republic, measured from low water.
CHAPTER 1
Laws should be public laws
- Every Law must be a public Law and must be judicially noticed as such, unless the contrary is expressly provided or stated in the Law.
CHAPTER 1
The articles are essentially legislative acts.
- Each article of the Law shall have the force of a substantive law without introductory words.
CHAPTER 1
Law Reference
- When a Law is referred to, it shall be sufficient for all purposes to refer to the Law either by its short title, if any, by which reference may be made, or by the year of its enactment and its number among the Laws of that year or, in the case of a revision of Laws issued under any Law which provides for the issuance of a revision, by its short title or number, and reference may in all cases be made to the copies of the Laws which appear to have been printed by the Government Printer.
CHAPTER 1
Time at which a Law or public document comes into force
- When a Law, or part of a Law, or a public document drawn up or issued under it is declared to come into force on a specific day, it shall be construed as coming into force immediately upon the expiry of the day immediately preceding that day.
CHAPTER 1
Legislation launch
- Every Law and every public document made or issued under this Law or other lawful authority and which has legislative force shall be published in the Official Gazette of the Republic and, unless otherwise provided therein, shall be valid and come into force on the date of publication and shall be judicially noticed.
CHAPTER 1
Annulment of nullifying acts
- When a Law repeals a repealing enactment, it shall not be construed as reinstating any enactment previously repealed, unless words are added which reinstate that enactment.
CHAPTER 1
Cancellation and replacement
- When a Law repeals in whole or in part any previous legislation and replaces provisions of the repealed legislation, the repealed legislation shall remain in force until the replaced provisions come into force.
CHAPTER 1
Effect of annulment on future Laws
10.-(1) When a Law repeals and re-enacts, with or without amendment, any provision of the previous Law, references in any other Law to the repealed provision shall, unless a contrary intention appears, be construed as references to the provision so re-enacted.
(2) When a Law repeals any other enactment, then, unless a contrary intention appears, the repeal shall not-
(a) restores anything that is not in force or does not exist at the time the cancellation takes effect~
(b) affects the previous validity of any enactment so repealed or anything duly done or authorised under the enactment so repealed; or
(c) affects any right, privilege, obligation, or liability secured, derived, or arising under any enactment so repealed, or
(d) affects a sentence, forfeiture, or punishment resulting from a criminal offence committed against a enactment so repealed, or
(e) affects an investigation, legal proceeding or remedy relating to any right, privilege, obligation, liability, penalty, seizure or punishment as mentioned above,
and such investigation, legal proceeding, or remedy, may be instituted, continued, or executed and such penalty, seizure, or punishment may be imposed as if the nullifying Act had not been passed.
CHAPTER 1
Effect of annulment of a Law on public documents and appointments
- Whenever a Law has already been repealed or will subsequently be repealed and other provisions are replaced by the repealing Law, all public documents, forms and appointments drawn up or issued on the basis of the repealed Law and in force at the time of such repeal, until revoked or replaced, shall continue to be of full force and effect provided that they are not incompatible with the replaced provisions.
CHAPTER 1
Interpretation of amending Law or regulations, etc., with amended Laws or regulations
12.-(1) When a Law amends another Law, the amending Law, if it is not inconsistent with the text thereof, shall be construed as one with the amended Law, unless a contrary intention appears.
(2) When regulations, rules or provisions amend other regulations, rules and provisions, if they are not inconsistent with the text thereof, they shall be construed as one with the amended regulations, rules and provisions, unless a contrary intention appears.
CHAPTER 1
Provision regarding amended Law
- Whenever a reference is made to a Law in another Law, such reference, unless the context otherwise requires, shall be deemed to include a reference to the last-mentioned Law as the same may from time to time be amended, or to any Law substituted for it.
CHAPTER 1
Definitions in the Law shall be applied in accordance with the text and public documents drawn up pursuant to this Law.
14.-(1) Where terms are defined in the Law, such terms in the Law so defined shall have the meaning assigned to them by that Law, unless there is anything in the subject matter or the text contrary to or inconsistent with such interpretation.
(2) When terms defined in a Law are used in a public document drawn up or issued under such Law, such terms shall have the corresponding meanings assigned to them by the Law, unless otherwise defined in such public document or inconsistent with the subject or context.
CHAPTER 1
Power of the Council of Ministers to order that amended Laws be printed as amended
15.-(1) Where by this Law or any other Law, whenever enacted, an article or Schedule, or a word or words, is or are directed to be inserted or inserted or omitted or omitted from a previous Law, or an article or Schedule thereof, or a word or words forming part, or the whole, of an article or Schedule of a previous Law, then in all copies of the Law so amended and subsequently printed by authority, it shall be lawful for the Council of Ministers to direct that the article or Schedule or word or words be inserted or inserted or omitted or omitted in accordance with such direction and thereupon the amended Law shall be printed accordingly with all necessary consequential amendments of marginal notes, headings and divisions and with references in the margin to the article of the Law by virtue of which the amendment was made:
It is understood that no amendment, by virtue of such directive alone, shall have retroactive effect.
(2) Whenever the provisions of a Law relating to the practice or procedure of a Court have been repealed or shall hereafter be repealed in accordance with a regulation giving power for that purpose by law, then in all copies of such Law printed by authority, it shall be lawful for the Council of Ministers to direct that the provisions so repealed shall be and shall thereafter be omitted and a reference shall be made in the margin to the regulations by virtue of which such repeal was made.
(3) When an Act which has been amended is reprinted under the provisions of this section, unless the Secretary of State otherwise directs, the original number of the Act so reprinted shall be retained and if any section, subsection or Schedule or division of a Schedule has been revised, the remaining sections, subsections, Schedules or divisions of Schedules shall not be renumbered and the fact that any section, subsection, Schedule or division of Schedule has been repealed shall be stated, and reference shall be made in the marginal notes to the Act by virtue of which such repeal was effected.
CHAPTER 1
Ratification not given in the same year the Law was passed
- Each Law is numbered, dated and refers to the year in which it was passed:
It is provided that, when the ratification of a Law is not secured or cannot be secured in the year in which it is passed and such Law includes in its title or short title, if any, the date of that year, such Law shall be numbered, dated and referred to the year in which ratification is given and shall be read and construed in that manner and in every copy or edition of the said Law the title and short title shall be printed accordingly.
CHAPTER 1
Imperial Laws to be read with the necessary modifications
- Whenever any Act of Parliament extends or applies to the Colony, such Act shall be read with such formal changes as to names, places, Courts, offices, persons, moneys, penalties, and otherwise as may be necessary to render them applicable to the circumstances.
CHAPTER 1
Appointment of officers by name or by virtue of office
- Where by or under a Law, the Council of Ministers or a Public Authority has power to appoint or designate a person to have and exercise powers or perform duties, the Council of Ministers or a public authority may either appoint a person by name or direct that the person for the time being holding the office designated by the Council of Ministers or by another Public Authority shall have and exercise such powers and perform such duties, and thereafter or from the date specified by name or the person for the time being holding the office referred to above shall have and exercise such powers and perform such duties accordingly.
CHAPTER 1
The power of appointment also includes the power of dismissal, etc.
- Where a Law confers on a person or public authority power to make appointments to an office or position, the power shall be construed to include power to terminate such appointment and power to suspend a person appointed and to re-appoint or reinstate him, and to re-appoint another person temporarily in the position of a person so suspended, and to appoint another person to fill a vacancy in the office or position arising from any other cause:
It is understood that where the power of the person or public authority to make such appointments can be exercised only upon recommendation or subject to the approval, consent or agreement of some other person or authority, the power of termination or availability, unless a contrary intention appears, can be exercised only upon recommendation or subject to the approval, consent or agreement of that other person or authority.
CHAPTER 1
Powers of the Council of Ministers when a civil servant is unable to perform the duties of his office
- Where the Council of Ministers is satisfied that the holder of any public office is for any reason incapable of performing the duties of that office, it shall be lawful for the Council of Ministers either to appoint another person to that office or to direct that the duties aforesaid shall be performed by a person named by the Council of Ministers or by a person who for the time being holds or lawfully performs the duties of any other public office and all the duties of the first-mentioned office shall accordingly (subject to any conditions, exceptions or qualifications which the Council of Ministers may determine) vest in such person until his appointment or mandate, as the case may be, is terminated by the Council of Ministers.
CHAPTER 1
Power to appoint to any office the effective holder of which is on leave pending vacating it
- Notwithstanding anything contained in any other Law, when the substantive holder of an office established by or under any Law for the time being in force is absent with leave pending his resignation from office, it shall be lawful for another person to be substantively appointed to the same office.
CHAPTER 1
Power of the Council of Ministers to delegate authority
- Where by Law the Council of Ministers is authorized to exercise powers or perform duties, it may, unless expressly prohibited by law from doing so, authorize any person by name or the person for the time being holding an office appointed by the Council of Ministers to exercise such powers or perform such duties on its behalf, subject to such conditions, exceptions and qualifications as the Council of Ministers may determine, and then from the date appointed by the Council of Ministers the person so authorized shall have and exercise such powers and perform such duties subject to the provisions aforesaid:
It is understood that no provision contained herein shall permit the Council of Ministers to authorize any person to issue rules, regulations, or orders pursuant to the power for this purpose conferred on the Council of Ministers by any Law.
CHAPTER 1
The delegation must not prevent the exercise of powers by the official delegating the power.
- Where by Law the Council of Ministers or a public officer has power to delegate the exercise of the powers or the performance of the duties conferred on him by virtue of such Law, no delegation made shall, unless a contrary intention appears, prevent the Council of Ministers or a public officer, as the case may be, from personally exercising or performing at any time any powers or duties so delegated.
CHAPTER 1
Notification of decrees etc. of the Council of Ministers
- When a Law grants the Council of Ministers the power to draw up a public document or to make an appointment, to give instructions, to issue a Decree, to authorize the doing of a thing or matter, to grant an exemption, to reduce a fee or penalty, or to exercise any other power, it shall be sufficient if the exercise of such power by the Council of Ministers is notified by the Secretary of the Executive Council.
CHAPTER 1
Notification of decrees, etc. of the Council of Ministers
- Where a Law confers on the Council of Ministers the power to draw up any public document or to appoint, give instructions, issue, decree, authorize the doing of any thing or matter, grant an exemption, reduce a fee or penalty, or exercise any other power, it shall be sufficient if the exercise of such power by the Council of Ministers is notified by the signature of the Administrative Secretary, the Attorney General or the Financial Secretary:
It is provided that a warrant, proclamation or other document bearing the public seal of the Colony shall be signed by the Governor personally.
CHAPTER 1
Interpretation of provisions regarding the exercise of powers and duties
26.-(1) Where a Law confers a power or imposes a duty then, unless the contrary appears, the power may be exercised and the duty shall be performed from time to time when it becomes necessary.
(2) Where a Law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary appears, the power may be exercised and the duty shall be performed by the holder of the office in question or by a person duly appointed to act for him.
(3) Where a Law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary appears, the holder of such office, if he is temporarily absent from it, may by official instrument appoint a Deputy or Assistant to such office to exercise such powers and perform such duties during the period of temporary absence, as may be specified in such official instrument.
CHAPTER 1
Exercise of legal power between the enactment and commencement of a Law
- Where a Law which does not come into force immediately on its enactment, confers power to make an appointment or to make or issue an official document or to give notice, or to do any other thing for the purposes of the Law, such power may, unless the contrary appears, be exercised at any time after the enactment of the Law, to the extent necessary or expedient for the purpose of bringing the Law into operation on the date of commencement, subject to the limitation that, any appointment, official document, notice or thing made, issued, given or done, by virtue of such power, unless the contrary appears in the Law, or the appointment, official document, notice, or thing is necessary for the operation of the Law, shall not have any effect until the Law is put into operation.
CHAPTER 1
Extent of power to make a public document
- Where power is conferred on the Council of Ministers to make, issue or approve a public document, it shall include the power to amend, revoke or suspend such official document or withdraw approval thereof and a statement of the date of its commencement and the period of its application and also to replace it with another.
CHAPTER 1
General provision regarding power given to an authority to make appointments and public documents
- Where a Law confers on an authority the power to make an appointment or to make or issue a public document, the following provisions, unless the contrary appears, shall apply in relation to the preparation, issue and application of such public document-
(a) the public document may at any time be amended, varied, cancelled or revoked by the same authority and in the same manner by and in which it was made;
(b) there may be provided for the contravention of a Cabinet Order, rules, regulations or provisions such penalty not exceeding fifty pounds as the authority issuing the Cabinet Order, order, rules, regulations or provisions may consider appropriate;
(c) where a Law confers on an authority power to issue a Cabinet Order, ordinance, rules, regulations or provisions for general purposes, and also for special purposes similar thereto, the enumeration of the special purposes shall not be deemed to diminish the generality of the powers conferred in relation to the general purpose;
(d) no Order of the Council of Ministers, decree, rules, regulations or provisions shall be inconsistent with the provisions of the Law.
CHAPTER 1
Acts performed under a public document shall be deemed to have been performed under the Law by which the public document was authorized.
- An act is deemed to have been done under a Law or its authorization, or in consequence or in compliance with or in execution of the powers conferred by it if it is done under or in consequence or in compliance with a public document made or issued under a power contained in that Law.
CHAPTER 1
Time measurement
- In the calculation for the purposes of a Law or public document unless the contrary appears-
(a) a period of days from the occurrence of an event or the performance of an act or thing shall be deemed to exclude the day on which the event takes place or the act or thing is done;
(b) if the last day of the period is a Sunday or a public holiday (which days are referred to in this article as “exempt days”) the period shall include the next day which is not an exempt day;
(c) where an act or proceeding is ordered or permitted to be done or to take place on a particular day, then if that day is an excepted day, the act or proceeding shall be deemed to have been done or to have taken place in due time if it is done or to take place on the next day after that, which is not an excepted day;
(d) where an act or proceeding is ordered or permitted to be done or to take place within a time not exceeding six days, exempt days shall not be included in the computation of time.
(e) where a law or regulation provides –
(i) deadline and/or limitation period for filing any action before any Court, or
(ii) deadline and/or time for taking measures to enforce a court decision,
and the deadline or time for prescription or taking measures expires-
(aa) within the period from 15 March to 30 June 2020, extended until 31 July 2020,
(bb) within the period from 15 January to 31 May 2021, extended until 30 June 2021:
It is understood that for the purposes of this paragraph, “lawsuit” has the meaning assigned to this term by article 2 of the Limitation of Actionable Rights Law.
CHAPTER 140(I)/20207(I)/2021
Year
- When an expression of time appears in a Law or public document, the time referred to, unless expressly stated otherwise, is deemed to indicate the standard time adopted for the Republic.
CHAPTER 1
Provisions when no time is established
- When no time is specified or allowed within which anything shall be done, such thing shall be done with all due speed and as often as the specified occasion arises.
CHAPTER 1
Distance measurement
- In measuring distance for the purposes of a Law or public document, the distance shall be measured, unless the contrary appears, in a straight line on a horizontal plane.
CHAPTER 1
Majority power of more than two people
- Unless expressly provided by any Law, when an act or thing is required to be done by more than two persons, a majority of them may do so.
CHAPTER 1
Deviations from formulas
- Unless otherwise expressly provided, when formulas are specified, minor deviations from them, or necessary changes to them which do not affect the substance or which are not calculated to mislead, do not render them invalid.
CHAPTER 1
Provisions relating to offences under two or more Acts
- When an act or omission constitutes an offence under two or more Laws, the offender shall, unless the contrary appears, be liable to prosecution and punishment under each or any of those Laws, but shall not be liable to punishment twice for the same offence.
CHAPTER 1
Disposal and use of seized items
38.-(1) When by law any money or animal or anything ordered by a Court or other authority to be seized or confiscated by law, unless otherwise provided or unless expressly stated by law to be seized for the benefit of a person, it shall be seized for the benefit of the Republic, and the money or net proceeds of the animal or thing, if ordered by lawful authority to be sold, shall be paid into the Accountant General’s Department and shall form part of the revenues of the Republic, unless other provision is made.
(2) Nothing in this section shall affect any provision in any law by which part of a seizure or the proceeds of a seizure are stated to be recovered from a person or may be given by an authority to a person.
CHAPTER 1
Use of fees, royalties and fines
39.-(1) Where by or under any Law or public instrument any person is required to pay a fee or charge for any act or thing done or process taken or document issued, or signature or seal affixed to a document, by a public officer or Department, or where a person is ordered by a Court to pay a fine, such fee or charge and fine shall be paid to the Accountant General’s Department and shall form part of the revenues of the Republic unless otherwise provided~ and where any fee, charge or fine or any commission received or taken, made or otherwise applied, is required to be paid to a public officer or Department, such officer or Department receiving it shall pay it to or account for the same in due course to the Accountant General’s Department.
(2) Nothing in this section shall affect any provision in any law by which part of a fee, charge or fine is stated to be recoverable from a person or may be given by an authority to a person.
CHAPTER 1
Penalties which are determined to be maximum penalties
- Where a Law or public document prescribes a penalty for an offence in contravention of such Law or public document, it shall state that such offence shall, on conviction, be punishable by a penalty not exceeding (except as may be otherwise provided in the Law or public document) the penalty prescribed.
CHAPTER 1
Sentence declaration based on article
- When a penalty is set out in a Law or public document at the base or end of an article, it shall state that a violation of the article, rule, regulation or provision, as the case may be, whether by act or omission, shall be an offence against that Law or public document and shall be punishable, unless the contrary appears, by a penalty not exceeding the penalty stated.
CHAPTER 1
Annex forms part of a Law
- Every Schedule to a Law, together with a note thereto, shall be construed and applied as part of the Law.
CHAPTER 1
Copies of Laws, etc., when to be prima facie evidence
- The production of a copy of a Law, public document, public notice, Order of Her Majesty in Council, Charter, authorization, Royal Warrant, Treaty, Open Letters and appointment-
(a) contained in a printed collection of Laws purporting to have been printed and published with official approval~ or
(b) contained in an edition of the Official Gazette of the Republic~ or
(c) which are stated to have been printed by the Government Printer, shall be prima facie evidence, in all Courts and for all purposes whatsoever, of the regular preparation or issue and meaning thereof.
CHAPTER 1
Rights of the Republic
- No Law or public document shall in any way affect the rights of the Republic unless it expressly refers to it or unless it appears from necessary implication that the Republic is responsible for it.
CHAPTER 1