Interpretation and General Provisions Act
- Commenced on 6 September 1976
- [This is the version of this document as it was at 1 December 2014 to 30 June 2021.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Interpretation and General Provisions Act.
3. Republic boundThis Act binds the Republic.
Part II – General provisions relating to Acts
4. Acts to be public ActsEvery Act is a public Act and shall be judicially noticed as such.
5. Acts to be divided into sections
6. Schedule, etc., part of an Act
7. Marginal notes, etc., not part of an ActMarginal notes and headings in an Act and references to other Acts in the margin of or at the end of an Act do not form part of the Act and shall be treated as having been inserted for convenience or reference only.
8. PunctuationPunctuation forms part of an Act, and regard shall be had to it accordingly in construing the Act.
Part III – Provisions relating to interpretation
9. Extent of applicationAn Act extends to the whole of Seychelles in its application.
10. Republic not boundAn Act does not bind the Republic unless it is expressed to do so or unless it appears to do so by necessary implication.
11. Acts always speaking
12. International obligationsA construction of an Act which is consistent with the international obligations of Seychelles is to be preferred to a construction which is not.
13. Other rules of interpretationThis Act does not exclude the application in any particular case of a rule of interpretation not referred to in this Act, but if this Act applies in the particular case the rule is applicable subject to this Act.
14. Citation of references
15. Reference to a series of provisions
16. Descriptive references to other Acts etcWords in an Act descriptive of another Act, statutory instrument or document shall not be used as an aid to the construction of that other Act, statutory instrument or document and are intended for convenience of reference only.
17. Application of rules of interpretationDefinitions and rules of interpretation in an Act apply to the provisions containing them as well as to the other provisions of the Act.
18. Cognate wordsWhere a word is defined in an Act, any grammatical variation of the word or any cognate word in the Act has a meaning corresponding to that defined word.
19. GenderIn an Act words importing the masculine gender include females and words importing the feminine gender include males.
20. Singular and pluralIn an Act words in the singular include the plural and words in the plural include the singular.
21. French expressions in Acts
22. Meaning of words in Acts
Part IV – Citation and commencement of Acts
23. Citation of Acts
24. References to Act, etc., to include amendmentsA reference in an Act to the Constitution, an Act, a statutory instrument or any provision thereof is a reference to the Constitution, the Act, the statutory instrument or the provision as from time to time amended.
25. Commencement of Acts
26. Evidence of commencement of AcA copy of an Act printed by the Government Printer which includes a date purporting to be the date on which the Act or any provision of the Act came or will come into operation is evidence that the Act or provision came or will come into operation on that date.
Part V – Repeal, amendment and expiry of Acts
27. Amending Act construed with amended ActAn Act amending any other Act shall be read as one with the other Act.
28. Repealed Act not revivedThe repeal of an Act which repealed the whole or part of any other Act does not revive the other Act or that part.
29. Repeal of Act includes amending Acts and statutory instruments
30. Repeal and re-enactment
31. Effect of repeal of Act
32. Expiry, etc., of Act
Part VI – Powers and duties
33. Power to be exercised from time to timeA power conferred or a duty imposed by an Act may be exercised or performed from time to time as the occasion arises and as often as is necessary to correct any error or omission in any previous exercise or performance of the power or duty, notwithstanding that the power or duty is not in general capable of being exercised from time to time.
34. Extent of powers conferred by ActWhere an Act confers a power to do any act or thing, all powers reasonably necessary to enable the act or thing to be done are also conferred by the Act.
35. Construction of powers conferred by Act
36. Majority may actWhere any act or thing may or is required to be done under an Act by more than two persons, a majority of them may do it.
37. Reference to holder of officeA reference in an Act to the holder of an office by the term designating his office is a reference to the person from time to time holding, acting in or discharging the functions of the office.
38. Appointment by name or office
39. Change of title of public officer
40. Power to relate back appointmentsAny appointment made under an Act may be declared to have effect as from the date upon which the person appointed in fact began to exercise the powers and perform the duties of his appointment, not being a date earlier than the commencement of the Act under which the appointment is made.
41. Exercise of power between passing and commencement of ActWhere an Act or a provision of an Act which is not to come into operation immediately on its publication in the Gazette confers power
42. Signification of the exercise or performance of functions
Part VII – Statutory bodies
43. Bodies corporate
44. Acts and proceedings of statutory bodyAn act or decision of a body, whether corporate or unincorporate, constituted or established by an Act enacted after the commencement of this Act is not invalid by reason only
45. Alternate member of body, etc.
46. Chairman, etc., of bodyWhere a body, whether corporate or unincorporate, is constituted or established by an Act enacted after the commencement of this Act, the authority empowered to appoint the members of the body
Part VIII – General provisions regarding legal proceedings and penalties
47. Evidence of signature of authorityWhere the consent of an authority is necessary before any proceedings, whether civil or criminal, are commenced, a document or instrument giving the consent and purporting to be signed by the authority is evidence that the consent has been given, without proof that the signature to the document or instrument is that of the authority.
48. EvidenceWhere an Act provides that a document or instrument is evidence of a fact without anything in the context to indicate that the document or instrument is conclusive evidence then, in any legal proceedings the document or instrument is admissible in evidence and the fact shall be deemed to be established in the absence of evidence to the contrary.
49. Ex-officio proceedings not to abateCivil proceedings taken by or against a person in virtue of his office are not discontinued or abated by his death, resignation, absence or removal from office, but may be carried on by or against the person for the time being holding, acting in or discharging the functions of the office.
50. Power to determine includes authority to administer oathAny court, Judge or person authorised by law or by the consent of the parties to hear and determine any matter or thing has authority to administer an oath to all witnesses legally called before the court or person.
51. Imposition of penalty no bar to civil actionThe imposition of a penalty or fine by or under the authority of an Act does not relieve a person from liability to answer for damages to a person injured.
52. Person not to be twice criminally responsible for same offenceA person cannot be twice criminally responsible either under the provisions of the Penal Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission.
53. Penalties are maximum penaltiesWhere a penalty is prescribed in an Act for an offence, the offence is punishable by a penalty not exceeding the penalty prescribed.
54. Offences by bodies corporate
55. Service of documents and notices
Part IX – Miscellaneous
56. References to timeWords and expressions in an Act relating to time and references in an Act to a point of time shall be read and construed as relating to or as reference to standard time as used in Seychelles, that is four hours in advance of Greenwich Mean Time.
57. Rules for computing time
58. DistanceIn determining any distance for the purposes of an Act, the measured distance shall be reduced to that distance which would be recorded if the distance were measured in a straight line on a horizontal plane.
59. Gazette to be evidence
60. Fee to be paidAn authority required by an Act to do any act or thing for which a fee or charge is to be paid is not required to do the act or thing until the fee or charge is paid.
61. Deviation from formWhere a form is prescribed for use, the use of the form is not invalidated by any variation or alteration of the form that is not calculated to mislead or does not affect the substance of the form.
62. FinesA fine or penalty imposed by, or under the authority of, an Act shall be paid into the Consolidated Fund.
Part X – Statutory instruments
63. Publication of statutory instruments
64. Statutory instruments to be laid before National Assembly
65. Application of certain provisions to statutory instruments
66. Citation of statutory instrument
67. General provisions relating to statutory instruments
68. Power to make regulations
70. Effect of repeal, etc., of statutory instrument
History of this document
01 July 2021 amendment not yet applied
01 December 2014 this version
06 September 1976
|Change of Title of Director General of Immigration Notice, 2022||Statutory Instrument 50 of 2022|
|Interpretation and General Provisions (Change in Title of Public Office and Public Officer) (Revocation) Notice, 2021||Statutory Instrument 91 of 2021|
|Interpretation and General Provisions (Change in Title of Public Office and Public Officer) Notice, 2020||Statutory Instrument 60 of 2020|