Statute Law Revision Act

Chapter number: 
232
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

 

LAWS OF SEYCHELLES

CHAPTER 232

Act 3 of 1990

Act 3 of 2010

STATUTE LAW REVISION ACT

[15th October, 1990]

 

ARRANGEMENT OF SECTIONS

1.      Short title

2.      Interpretation

3.      Appointment of Commissioner

4.      Contents of the revised edition

5.      Powers of the Commissioner

6.      Amendments not authorised by section 5

7.      Printing and binding of the revised edition of the Laws of Seychelles

8.      Sealed copies to be deposited

9.      Effective date and validity of the revised edition of the Laws of Seychelles

10.    Revised of the revised edition of the Laws of Seychelles

11.    Rectification of clerical and other errors

12.    Distribution of copies of revised edition of the Laws of Seychelles

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1.      This Act may be cited as the Statute Law Revision Act.

2.      In this Act -

"Commissioner" means the Commissioner appointed under section 3;

"enactment" means a statutory provision;

"revised edition" means the revised edition prepared under the authority of this Act.

3.      The President may, by instrument under the Public Seal,appoint a Commissioner* who shall prepare a revised edition of the Laws of Seychelles, under the authority, and in accordance with the provisions, of this Act.

4.      Subject to the provisions of this Act the revised edition of the Laws of Seychelles shall comprise -

(a)     the revised edition of the Constitution;

(b)     the revised edition of the Acts;

(c)     the revised edition of the statutory instruments, in force on such date as may be appointed for the purpose of this section by the President by notice published in the Gazette; and,

(d)     the revised edition of the Acts and of the statutory instruments made before, but not brought into force by, that date.

5.      (1)     In the preparation of the revised edition of the Laws of Seychelles the Commissioner may omit -

(a)     all enactments or parts of enactments which have been expressly or impliedly repealed or revoked or which have expired or have become spent or obsolete or have had their effect;

(b)     all repealing provisions in enactments and all tables and lists of repealed enactments whether contained in Schedules or otherwise;

(c)     all preambles and long titles to enactments where such omission can, in the opinion of the Commissioner, conveniently be made;

(d)     all enacting clauses in enactments;

(e)     all provisions in an enactment prescribing the date when an enactment or part of an enactment is to come into operation where such omission can, in the opinion of the Commissioner, conveniently be made;

(f)     all amending enactments or parts thereof where the amendments effected thereby have been embodied by the Commissioner in the enactments to which they relate;

(g)     all or any of the enactments omitted from the previous editions of the Laws of Seychelles prepared before this Act;

(h)     Appropriation Acts;

(i)      all enactments of a temporary nature or under revision when such omission can, in the opinion of the Commissioner, conveniently be made;

(j)      all expressions in enactments which have become obsolete as a result of Constitutional changes, and substitute therefor such expressions as the Commissioner may consider necessary in order to bring the enactment into conformity with the Constitution.

(2)     In addition to the powers conferred by subsection (1) the Commissioner may, in the preparation of the revised edition of the Laws of Seychelles, -

(a)     consolidate, with all necessary consequential changes, enactments in pari materia;

(b)     transfer any provision contained in an enactment from that enactment to any other enactment to which it more properly belongs;

(c)     reorder or renumber any provision in an enactment;

(d)     alter the form or arrangement of any provision in any enactment by transferring words, by combining it in whole or in part with another provision or by dividing it into two or more different provisions;

(e)     divide any enactment whether consolidated or not, into parts or other divisions, and give each such part or division a suitable heading;

(f)     add a short title or citation to any enactment which may require it and, if necessary or expedient, alter the short title or citation of any enactment;

(g)     supply, alter or omit marginal notes and tables showing arrangement of sections;

(h)     correct cross - references;

(i)      shorten or simplify the phraseology of any enactment;

(j)      correct grammatical, typographical and similar errors in enactments and for that purpose make additions, omissions or alterations;

(k)     correct the punctuation marks in any enactment;

(i)      make such amendments, omissions or alterations of a formal nature in any enactment as the Commissioner may consider necessary to bring the enactment into conformity with the Constitution or the Interpretation and General Provisions Act or any other written law;

(m)    make such formal alterations as to names localities, offices and otherwise in any enactment as may be necessary to bring the enactment into conformity with the circumstances from time to time obtaining in Seychelles;

(n)     make such adaptations or amendments of a formal nature to any enactment as appear to be necessary or proper as a consequence of any change in the Constitution of any Commonwealth Country or the composition of the Commonwealth;

(o)     make such formal alterations to any enactment as are necessary or expedient for the purpose of securing uniformity of expression in the laws of Seychelles;

(p)     do all other things relating to form and method, whether similar to the foregoing or not, which appear to the Commissioner to be necessary for the perfecting of the laws of Seychelles.

(3)     No enactment omitted under the authority of this section from the revised edition of the Laws of Seychelles shall be deemed to be without force and validity by reason only of the fact that it is so omitted.

6       (1)     Where the Commissioner considers it desirable that, in the preparation of the revised edition of the Laws of Seychelles, there should be amendments to any enactment other than those authorised by section 5, he may draft a Bill setting forth the amendments.

(2)     A Bill prepared under subsection (1) may have references to more enactments than one although such enactments may not be in pari materia.

(3)     Every Bill prepared under subsection (1) shall, subject to the approval of the Council of Ministers, be submitted to the People's Assembly and dealt with in accordance with the Constitution.

(4)     Where any Bill submitted to the People's Assembly under subsection (3) is enacted as an Act, the Commissioner may, in the preparation of the revised edition of the Laws of Seychelles, give effect to the provisions of that Act as if they have been authorised under section 5.

7       (1)     The Commissioner shall cause the revised edition of the Laws of Seychelles to be printed in Chapters, a separate Chapter being printed -

(a)     for the revised edition of the Constitution and of the statutory instruments made under it; and

(b)     for every revised edition of each Act and of the statutory instruments made under it.

(2)     The Commissioner shall cause the Chapters printed in accordance with subsection (1) to be bound in such number of volumes as may be convenient.

(3)     Repealed by Act 3 of 2010.

(4)     The Commissioner shall cause to be printed so many copies of the revised edition of the Laws of Seychelles and of each separate Chapter included therein as may be necessary.

8       (1)     Five copies of each volume of the revised edition of the Laws of Seychelles shall be dated and signed by the President and shall be sealed with the Public Seal.

(2)     One copy of each volume signed and sealed under subsection (1) shall be deposited at the office of the President, the registry of the Supreme Court, the office of the Chairman of the People's Assembly, the Chambers of the Attorney-General and the Seychelles Archives.

9       (1)     The President may by order published in the Gazette direct that the revised edition of the Laws of Seychelles shall come into force on such date as he may appoint in that order.

(2)     From the date appointed under subsection (1) the revised edition of the Laws of Seychelles shall, in respect of the enactments contained therein, be deemed to be, and shall be, without any question whatsoever, in all courts and for all purposes whatsoever, the sole and authentic version of the laws in force, or assented to but not brought into force, on the date appointed under section 4.

(3)     Wherever in any document of whatever kind reference is made to any enactment affected by the operation of this Act, the reference shall, where necessary and practicable, be construed as a reference to the corresponding provision in the revised edition of the Laws of Seychelles or in any revision thereof made under this Act.

10     (1)     As soon as practicable after the 1st day of January in every year after the date fixed under section 4, the Attorney General shall, subject to subsection (3) and the powers conferred on him under subsection (6) -

(a)     cause to be prepared and published a revised edition of each Chapter contained in the revised edition of the Laws of Seychelles where an enactment contained in that Chapter has been amended during the period commencing on the date fixed under section 4 or the date of the last revision under this section, as the case may be, and ending on the 31st day of December immediately following such date, not being an amendment the sole effect of which is to repeal the entire provisions of that Chapter;

(b)     cause to be prepared and published as a separate new Chapter any Act enacted during the period commencing on the date fixed under section 4 or the date of the last revision under this section, as the case may be, and ending on the 31st day of December immediately following such date and any statutory instrument made under it, not being an Act the sole effect of which was to amend another Act.

(2)     In any Chapter prepared under subsection (1), the law shall be stated as it was on the 31st day of December of the relevant year and shall contain at the beginning thereof the year of that date.

(3)     The Attorney-General shall not be required to prepare and publish a revised edition of a Chapter under subsection (1)(a) if, in his opinion, the amendments are not sufficiently extensive to justify the preparation and publication thereof.

(4)     The Attorney General shall transmit to the President a copy of every Chapter prepared and published under this section and with effect from such date as the President may notify in the Gazette any enactment included in that Chapter shall be deemed to be and shall be, without any question whatsoever, in all courts and for all purposes whatsoever, the sole and authentic version of the law, in force, or assented to but not brought into force, on the date referred to in subsection (2).

(5)     Where the sole purpose of an amendment referred to in subsection (1)(a) is to repeal the entire provisions of a Chapter in the revised edition of the laws of Seychelles, the Attorney General shall by a notice published in the Gazette direct the deletion of that Chapter from the revised edition of the Laws of Seychelles and such notice shall have effect from the date on which the amendment had effect as part of the Laws of Seychelles.

(6)     For the purposes of this section, the Attorney General shall have and perform, mutatis mutandis the powers conferred on the Commissioner by this Act.

11.    (1)     For the purpose of rectifying any clerical or printing errors appearing in the revised edition of the Laws of Seychelles or in any revision thereof effected under section 10 for the purpose of rectifying, in a manner not inconsistent with his power under this Act, any other error so appearing, the Attorney General may from time to time, by notice published in the Gazette, give directions as to the rectification of any such error.

(2)     A notice published under subsection (1) shall have effect from the date on which the enactment to which it relates had effect as part of the revised edition of the Laws of Seychelles.

12     (1)     Copies of the revised edition of the Laws of Seychelles or of any revision thereof may be distributed to such persons as the Attorney General may determine.

(2)     The Attorney General may offer to any Ministry, Department, officer or any other person such number of copies of the revised edition of the Laws of Seychelles or of any chapter or page or revision thereof at such price as he may determine.

13.    (1)     The Commissioner shall cause to be prepared and made available a read-only electronic version of the revised edition of the Laws of Seychelles.

(2)     For the purpose of section 10 in relation to the electronic version of the Laws of Seychelles the Attorney-General shall have and perform mutatis mutandis the powers conferred on the Commissioner by this Act.

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LAWS OF SEYCHELLES

CHAPTER 232

STATUTE LAW REVISION ACT

SUBSIDIARY LEGISLATION

G.N. 368 of 1990.

Section 3

THE STATUTE LAW REVISION ACT

APPOINTMENT OF COMMISSIONER

 

In exercise of the powers conferred upon me by section 3 of the Statute Law Revision Act, 1990, I, France Albert Rene, President, hereby appoint -

GINIGE GUNASEELA DHARMAWANSA DE SILVA

to be the Commissioner for the preparation of a revised edition of the Laws of Seychelles.

Given under my hand and the Public Seal of Seychelles at State House, Mahe, this 26th day of November, 1990.

F.A. Rene

PRESIDENT

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G.N. 86 of 1992

Section 4

THE STATUTE LAW REVISION ACT

[Act 3 of 1990]

 

In exercise of the powers conferred by section 4 of the Statute Law Revision Act, 1990 the President hereby appoints the 31st day of December, 1991 as the date appointed for the purpose of that section.

 

F.A.RENE

PRESIDENT

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SI. 77 of 1994

Laws of Seychelles (Commencement) Order

[19th December, 1994]

 

1.      This Order may be cited as the Laws of Seychelles (Commencement) Order.

2.      The revised edition of the Laws of Seychelles (1991 Edition) prepared under the authority of section 3 of the Statute Law Revision Act shall come into force on 1st of January, 1995.

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SI. 85 of 1996

Section 10(5)

Laws of Seychelles (Deletion of Chapters) Notice

 

1.      This Notice may be cited as the Laws of Seychelles (Deletion of Chapters) Notice.

2.      For the purposes of section 10(5) of the Statute Law Revision Act, the Attorney-General hereby directs the deletion of the Chapters specified in the Schedule from the Laws of Seychelles:

SCHEDULE

Cinematograph Film Censorship Act (Cap 29) (1991 Ed.)

Citizenship of Seychelles Act (Cap 30) (1991 Ed.)

Coco-de-Mer (Management) Decree (Cap. 37) (1991 Ed.)

Constitution of the Republic of Seychelles (Cap. 42) (1991 Ed.)

Entertainment Tax Act (Cap. 70) (1991 Ed.)

Environment Protection Act (Cap. 71) (1991 Ed.)

Immovable Property (Transfer Restriction) Act (Cap. 95) (1991 Ed.)

Insurance Act (Cap. 97) (1991 Ed.)

Insurance Policies Act (Cap. 99) (1991 Ed.)

Judiciary Act (Cap 104) (1991 Ed.)

Legal Practitioners Act (Cap. 111) (1991 Ed.)

Local Government Act (Cap. 116) (1991 Ed.)

Matrimonial Causes Act (Cap. 124) (1991 Ed.)

Medical Practitioners And Dentists Act (Cap. 126) (1991 Ed.)

Ministerial Emoluments Act (Cap. 130) (1991 Ed.)

Non-Resident Bodies Corporate (Special Provisions) Decree (Cap. 148) (1991 Ed.)

Presidential Emoluments Act (Cap. 177) (1991 Ed.)

Public Holidays Act (Cap190) (1991 Ed.)

Public Offices Act (Cap. 191) (1991 Ed.)

SeychellesMarketing Board Act (Cap. 218) (1991 Ed.)

Termination of Pregnancy Act (Cap. 236) (1991 Ed.)

Trades Tax Act (Cap. 240) (1991 Ed.)

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SI. 86 of 1996

Section 10(4)

Laws of Seychelles (1994 Revised Edition) Notice

 

1.      This Notice may be cited as the Laws of Seychelles (1994 Revised Edition) Notice.

2.      For the purposes of section 10(4) of the Statute Law Revision Act, the President hereby notifies the 4th day of November 1996 as the date on which each Chapter or page, as the case may be, of the First Revision of the Laws of Seychelles shall have effect as the sole and authentic version of the Laws as on 31st day of December, 1994.

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SI. 53 of 2000

Section 10(4)

Laws of Seychelles (1996 Revised Edition) Notice

 

1.      This Notice may be cited as the Laws of Seychelles (1996 Revised Edition) Notice.

2.      For the purposes of section 10(4) of the Statute Law Revision Act, the President hereby notifies the 1st day of December, 2000 as the date on which each Chapter or page, as the case may be, of the First Revision of the Laws of Seychelles shall have effect as the sole and authentic version of the Laws as on 31st day of December, 1996.

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