THE INTERPRETATION ACT - OAS

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INTERPRETA TlONTHE INTERPRETATION ACTARRANGEMENT OF SECTIONS1. Short title.2. Interpretation.General PrincipIes of Interpretation3. Interpretation of terms applicable generally.4. General interpretation of gender and number.5. References to public officers by 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.K h e inclusion of this page is authorized by L.N. 480/1973]1

INTERPRETATION224.25.26.21.28.Repeal and substitution.Effect of repeal.Provisions ceasing to have effect, deemed to be repealed.Effectof repeal and re-enactment of regulation making section.Effectof words of incorporation.Provisions as to Regulafiom29.30.31.32.Provisions as to making of regulations.Definition for legislative purposes.Commencement and proof of regulations.Acts done under regulations deemed done under Act.Provisions as to PowersExercise of powers between passing and commencement of Act.Construction of provisions as to exercise of powers, etc.Power to appoint includes power to suspend or dismiss.Power to fill vacancy temporarily.Power to make overlapping appointments38. Power to appoint chairman.39. Power to appoint by official designation.40. Construction of enabling words.33.34.35.36.37.Provisions as to United Kingdom Acts41. English Laws in force in 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 forcontravention of section.46. Payment of portion of penalty by direction of Governor-General.47. Disposal of forfeits48. Imposition of sentence.We inclusion of this page is authorized by L.N. 480/1973]

INTERPRETATIONProvisions as to Oflences49. Offences.50. Attempt to commit an offenceto be deemed an offenceMiscehneous51. Change in title of public office.52. Service of documents.53. Signification of orders of Governor-General.54. Power of majority.55. Division of Act into Parts.56. Construction of preamble and Schedules of Act%57. Deviations in forms.58. Construction of amending Act with amended Act.59. Reprint of amended Acts.60. Notification of enactment and sale of Regulations, etc.61. Evidenoe of signature of Attorney-General or the Director ofPublic Prosecutions.62. Amendment or repeal in same Session.63. Saving of rights of the Crown.64. Mandated territories construction of enactments.65. Act binding on Crown.Supplemental66. Saving for past Acts[The inclusion of this page is authorized by L.N. 480/197313

5INTERPRETATIONA01THE INTERPRETATION ACT8ofl%8,3of m,[Ist April, 2968.11.This Act may be cited as the Interpretation Act.’’d1*7*short title.2. In this Act unless the contzxt otherwise requires--1nterplYStl-tion.“Act” used with reference to legislation means anystatute enacted by the Legislature of the Islandwhether before or after the 1st April, 1968, andincludes any regulations made thereunder.General Principles of Interpretatiori3. In this Act and in all Acts, regulations and otherinstruments of a public character relating to the Island,now in force or hereafter to be made: the following wordsand expressions shall have the meanings hereby assignedto them respectively, znless there is something in the subject 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;‘BroadSeal” means 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 inclusion. of this page is authorized by L.N. 3’1/19881bmreb-:Efappli-bbpcncnlly.

INTERPRETATION6“Circuit Court” means a Circuit Court constitutedunder the Judicature (Supreme Court) Act;“coin” m:ans any coin legally current in Jamaica;"Collector of Taxes” includes Assistant Collector ofTaxes ;“Commonv;enlth” has the meaning assigned to it bythe Comti utionof 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 witha view to his trial, and includes a person who 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 ViceConsul;“contravene”, in relation to any requirement or condition prescribed in any Act. or in any permit.licence. or other authority. granted under any Act,includes a failure to comply with that requirementor condition;“court” means any court of Jamaica of competentjurisdiction: . .[The inclusion of this page is authorized by L.N. 37/1988]

INTERPRETATION“court of summary jurisdiction” means-(a) any justice or justices of the peace to whomjurisdiction is given by any Act for the time beingin force, or any Resident Magistrate sitting eitheralone or with other justices in a Court of PettySessions;( b ) a Resident Magistrate exercising special statutorysummary jurisdiction;‘‘Crown Agents” means the persons for the time beingacting as Crown Agents for Oversea Governmentsand Administrations 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 “JamaicaGazette” means the Jamaica Gazerre published byorder of the Government and includes anySupplements thereto and any Gazette Extraordinary so published;‘‘gazetted” means published in the Gazerre;“general notice” means any announcement not of alegislative character made by or with the authorityof the Government in the Gazette;“Government” means the Government of Jamaica;“Government Printer” means the Government Printerof Jamaica, and includes any printer purporting tobe the printer authorized by Government to printActs and regulations;Fe inclusion of this page is authorizedby L.N. 480/1973]

81NTERPRETATION“Governor-General” means the Governor-General ofJamaica;“Governor-General in Council” means GovernorGeneral 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 construction, whether wholly or in part above or below thesurface 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;IOandllElk. 2Cap. 40.“Jamaica” has the meaning attributed to that 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” and “premises” include all tenements or hereditaments, and also all messuages, houses, buildings, orother constructions, whether the property of HerMajesty, her heirs or successors, or of any corporation, 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]

INTERPRETATION9“Minister” 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 :Provided that where a definition of this expression 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- &irm or declareinstead of swearing;“to occupy” includes, in addition to its ordinarysignification, to use, inhabit, possess or enjoy thepremises in respect whereof that verb is used, otherwise 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 Constitution of Jamaica to perform the functions of thePrime Minister;“proclamation” means a proclamation of the GovernorGeneral under the Broad Seal;me inclusionof this page is authorized by L.N. 480/1973]i‘i96g

101NTERPRETATION“property” 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, arisingout of or 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, footway, parade, wharf, jetty, quay, bridge, publicgarden or open space, and every theatre, place ofpublic entertainment of any kind, or other place ofgeneral resort, admission to which is obtained bypayment, or to which the public have access;“recorded”, used with reference to a document, meansrecorded under the provisions of the Act applicableto the recording of such document;“registered”, used with reference to a document, meansrecorded 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 or 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 regulating the practice and procedure of such court;“sell” includes exchange and barter;“ship” means every description of vessel used innavigation not exclusively propelled by oars;[The inclusion of this page is authorized by L.N. 480/1973]

INTERPRETATION“sign” with reference to a person who is unable to writehis name, includes “mark” with its grammaticalvariations and 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 or are permitted to have access;“summarily”, “in a summary manner” or “on summaryconviction” means respectively before a court ofsummary jurisdiction;“Supreme Court” 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 AccountantGeneral;“United Kingdom” means Great Britain and NorthernIreland;“vessel” includes any ship, boat, lighter, or other floatingcraft, used for transport by water;“voluntary declaration” or “statutory declaration” ifmade(U) in the Island, means a declaration madeunder the Voluntary Declarations Act;( b ) in the United Kingdom or any other Commonwealth country beyond the Island,meam a declaration made before a justiceof the peace, notary public, or other personhaving 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. 48011973111

I2INTER PRETATlONin any other place, means a declaration madebefore a Jamaican or British Consul or ViceConsul, or before any person havingauthority under any statute for the timebeing in force to take or receive a declaration;“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.(c)Generalinterarctation ofgender andnumbcr.Referencedto publicofficers byti1le ofOffice.Refermmsto theCIOWn.4. In this Act and 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 thetime of the passing of the Act or 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.480/1973]

13INTERPRETATION7.-(lj Whenever any expression of time occurs in anyAct, deed or other legal instrument, the time referred toshall, unless it is otherwise expressly provided, be held tosignify the standard time adopted for Jamaica; and for suchpurpose the Governor-General in Council may by orderdeclare the standard time for Jamaica.standard (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 otherwise 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,unless the contrary intention appears-(a) a period of days from the happening of an eventor 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 exceeding six days, excluded days shall not be reckonedin the computation of the time.m e inclusion of this page is authorized by L.N. 480/1973]&zrs;,;t,CnrnpuUtation oftime.

14INTERPRETATION(2) In this section “public holiday” means any publicgeneral holiday and includes Good Friday and ChristmasDay.Provisionswhere notime prescribed.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.Measurement ofdistances.10. In the measurement of any distance for the purposeof any Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horuontal plane.References11. 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.to thenumber ofa line.Deiinitionasubject tomntext andto apply toIegulauons,etc.1 2 . 4 1 ) Where expressions are defined in or for thepurposes of any Act, such expressions shall have the meanings assigned to them, unless there is anything in the subjector contest 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 instrument 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 purposesof any Act, other parts of speech and grammatical variations of that word, and cognate expressions, shall havecorresponding meanings in or for the purposes of that Act.m e incluioo of this page is authorized by L.N. 480/19731

INTERPRETATlON15Commencement and Citation of Acts13.41) A copy of every Bill which may be passed byParliament shall immediately after it is so passed be printedby the Government Printer on vellum or some durable paperand 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.Authenti-cated copymdaJrenttoBi .(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.14. In the case of every Rill which may hereafter bepassed in Jamaica the Governor-General shall, on assenting thereto, cause a notification of such assent to be publishedin the Gazette.Nnficatlonof assenttobcPubliahd15.-(1) Every Act shall. unless it is otherwise therein c o m e meut ofexpressly provided, come into operation on the day of the Aclonpublicationpublication of the notification of assent,of arsentr,(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.16. Where any Act,

INTERPRETATION 5 A01 8ofl%8, 3of m, [Ist April, 2968.1 ’’ d1*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

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