Interpretation Act 1951

any Constitution for Bermuda set out in any enactment re placing that Order;

"consular officer" includes consul-gen eral, consul, vice-consul, consular agent, and any person for the time being authorized to discharge the duties of consul-general, consul, vice-consul or consular agent;

"the Crown Agents" means the persons for the time being acting as the Crown Agents for Oversea Governments and Adminis trations, or any of such persons;

"the Deputy Governor" means the person ap pointed by the Gov ernor under section 18 of the Constitution to be the Deputy Governor;

"the Government" means the Government of Bermuda;

"Government Board" means any board or body of persons having the supervision or control of a Government Department or administering under any Act on behalf of the Government any undertaking or activity of the Government; but does not in clude a board of enquiry or board of survey;

"Government Department" means a Ministry, department or branch of the Government of Bermuda;

"the Governor" means the Governor and Com mander-in-Chief of Bermuda or other Officer for the time being administering the Govern ment;

"Her Majesty" or "the Queen" includes Her Majesty the Queen, Her Heirs and Successors;

"Her Majesty's Forces" means any of the naval, military or air forces of Her Majesty;

"House of the Legislature" means the Sen ate or the House of As sembly;

"Justice of the Peace" or "Justice" means any Justice of the Peace appointed by the Governor under the Magistrates Act 1948 [title 8 item 15];

"Law Officer" means the Attorney-General or the Solicitor-Gen eral;

"Minister" means the Minister in the Cabi net charged under the Constitution with re sponsibility for the conduct of the Govern ment business to which the subject matter of the Act or statutory instrument relates or, if no Minister has been so charged, the Min ister whose responsibility under the Consti tution is most closely related to the context in which the ex pression is used;

"Municipality" means the Corporation of the City of Hamilton or the Corporation of the Town of St. George; and "municipal" shall be construed accordingly;

"Opposition Leader" means the member of the House of Assem bly appointed by the Gover nor to be Opposition Leader in ac cordance with section 72 of the Constitution;

"Parish Council" means a Parish Council within the meaning of the Parish Councils Act 1971 [title 4 item 40];

"police officer" means any member of the Bermuda Police Service and includes any member of the Reserve Police when called out for police duty;

"Premier" means the member of the House of Assembly—

(a) appointed by the Governor to be the Premier under sec tion 58 of the Constitution; or

(b) authorized by the Governor under sec tion 60 of the Con stitution to perform the functions conferred on the Pre mier by the Constitution;

"public authority" means any designated person or body of per sons (whether corporate or unincorporate) required or autho rized to discharge any public function—

(i) under any Act; or

(ii) under any Act of the Parliament of the United Kingdom which is expressed to have effect, or whose provisions are otherwise ap plied, in respect of Bermuda; or

(iii) under any statutory instrument;

"public officer" means the holder of any office of emolument in the public service and includes any person appointed to act in any such office;

"public service" means the service of the Crown in a civil capacity in respect of the government of Bermuda;

"the Royal Instructions" means the In structions passed from time to time under the Royal Sign Manual and Signet to the Governor;

"Secretary of State" means one of Her Majesty's Principal Secre-
taries of State;

"the United States Forces" means any of the military, naval or air forces of the United States of America.

[section 3 amended by 1997 : 37 effective by notice in Official Gazette]

Definitions of judicial expressions and designations.

4 (1) In every Act and in every statutory instrument—

"Assistant Justice" means a person who is appointed under sec tion 73 of the Constitu tion, to be an Assistant Justice of the Supreme Court;

"barrister", "barrister and attorney", or "counsel", means a per son duly admitted under the Supreme Court Act 1905 [title 8 item 1], to practise as a barrister and attorney in the Supreme Court;

"commissioner for oaths" means a person appointed under the Commissioners for Oaths and Notaries Public 1972 [title 8 item 22], to be a commis sioner for taking affidavits, declarations and affirma tions;

"court" does not include a Coroner's court, a court martial or a court of enquiry;

"Court of Appeal" means the Court of Ap peal for Bermuda con stituted by the Constitu tion;

"court of summary jurisdiction" means a court composed of a magistrate sitting alone, or, as the case may be, a Special Court com posed and sitting in accordance with the Mag istrates Act 1948 [title 8 item 15];

"Judge" means the Chief Justice, Puisne Judge, or any Assistant Justice;

"magistrate" means a person appointed to be a magistrate under the Magistrates Act 1948 [title 8 item 15];

"Registrar" means the Registrar of the Supreme Court;

"Registry" means the Registry of the Supreme Court;

"Senior Magistrate" means the magistrate appointed to be the Senior Magistrate under the Magistrates Act 1948 [title 8 item 15];

"Supreme Court" means the Supreme Court of Bermuda consti tuted by the Constitution.

(2) In every Act and in every statutory instrument—

"common law" means so much of the common law of England (disregarding any superses sion, modification or variation as respects its operation or effect in England by reason of any enactment of the Parliament of the United Kingdom) as has effect for the time being in Bermuda;

"conviction", in relation to any person, includes a conviction upon a plea of guilty by such person as well as upon a find ing of guilt by a court or jury;

"corrective training", in relation to any person, means corrective training imposed on, or ordered in respect of, that person under the Young Offenders Act 1950 [title 10 item 33];

"imprisonment", in relation to any person, means imprisonment imposed on, or ordered in respect of, that person under any Act;

"indictable offence" means an offence de clared to be treason, a felony or a misde meanour;

"offence" means any act or omission which is punishable by or under any statutory pro vision;

"on conviction on indictment", in relation to any offence or to the punishment for any offence, shall be taken to imply that a per son charged with that offence is triable in respect of that offence before the Supreme Court, and that the offence so charged is an indictable offence; and cognate expressions shall be construed accordingly;

"on summary conviction" or "on conviction by a court of sum mary jurisdiction", in rela tion to any offence or to the pun ishment for any offence, shall be taken to imply that a person charged with that offence is triable in respect of that offence by a court of sum mary jurisdiction; and cognate

expressions shall be construed accordingly;

"preventive detention", in relation to any person, means preven tive detention imposed on that person under the Criminal Code [title 8 item 31];

"rules of court", in relation to any court, means rules made by the public author ity having for the time being power to make rules or orders regulating the practice and procedure of that court.

Topographical definitions

5 In every Act and in every statutory in strument—

"the City of Hamilton" or "Hamilton" means the City of Hamilton within the meaning of the Municipalities Act 1923 [title 4 item 1];

"Leased Area" means an area in Bermuda which is leased to the United States of Amer ica in pursuance of the United States Bases Agreement or which by virtue of any Act is in the pos session of the United States of Amer ica in anticipation of such a lease;

"parish" means any one of the nine parishes of Bermuda;

"the Town of St. George" or "St. George's" means the Town of St. George within the mean ing of the Municipalities Act 1923 [title 4 item 1];

"United Kingdom" means——

(a) the United Kingdom of Great Britain and Northern Ire land; or

(b) when used with reference to citizenship or na tionality, Great Britain, Northern Ireland, the Channel Islands and the Isle of Man;

[definition of "United Kingdom" substituted by the Computerization and Revision of Laws Act 1989 section 18 and Schedule 2 Part I]

"waters of Bermuda" or "territorial wa ters", (used in relation to Bermuda), in cludes all bays, sounds, anchorages, harbours and creeks, and that part of the sea which is situated within twelve nautical miles mea sured from the baselines as estab lished by the Bermuda (Territorial Sea) Order in Coun cil 1988 [title 2 item 6].

Definition of Commonwealth; etc.

6 (1) In any Act or statutory instrument "Commonwealth" means collectively—

(a) the United Kingdom;

(b) the Channel Islands;

(d) Antigua and Barbuda; Australia; The Bahamas; Bangladesh; Barbados; Be lize; Botswana; Brunei; Canada; Repub lic of Cyprus; Dominica; The Gambia; Ghana; Grenada; Guyana; India; Ja maica; Kenya; Kiri bati; Lesotho; Malawi; Malaysia; Maldives; Malta; Mauri tius; Nauru; New Zealand; Nigeria; Pakistan; Papua New Guinea; Saint Christopher and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Seychelles; Sierra Leone; Singapore; Solomon Islands; Sri Lanka; Swaziland; Tan zania; Tonga; Trinidad and Tobago; Tuvalu; Uganda; Vanuatu; Western Samoa; Zambia; Zim babwe;

(e) Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Is lands and Dependencies; Gibraltar; Hong Kong; Montserrat; Pitcairn, Henderson, Ducie and Oeno Is lands; St Helena and De pendencies; The Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960); Turks and Caicos Is lands; Virgin Islands.

(2) In any Act or statutory instrument "Commonwealth coun try" means a country specified in subsection (1).

[this section substituted by the Computerization and Revision of Laws Act 1989 section 18 and Schedule 2 Part I]

Definitions of miscellaneous expressions

7 (1) In every Act and in every statutory instrument—

"Admiralty chart", in relation to the wa ters and shores of Bermuda, means a chart of those waters and shores prepared for the pur poses of Her Majesty's Government in
the United Kingdom by direction of the Lords Com missioners of the Ad miralty;

"aircraft" includes seaplanes, flying boats, airships and balloons;

"alien" means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Re public of Ireland;

"British citizen" means a person who has the status of a British citizen under the British Nationality Act 1981;

"British Dependent Territories citizen" means a person who has the status of a British Dependent Territories citizen under the British Nationality Act 1981;

"British Overseas citizen" means a person who has the status of a British Overseas citizen under the British Nationality Act 1981;

"British protected person" means a person who has the status of a British protected person under the British Nationality Act 1981;

"British subject" means a person who has the status of a British subject under the British Nationality Act 1981;

"Christian name" means any name prefixed to a surname whether received in Christian baptism or otherwise;

"Commonwealth citizen" means a person who has the status of a Commonwealth citizen under the British Nationality Act 1981.

[definitions from "alien" to "British subject" inclusive, and "Commonwealth citizen" substituted by the Computerization and Revision of Laws Act 1989 section 18 and Schedule 2 Part I]

"financial year", in relation to any year means the twelve months ending the thirty-first day of December of that year;

"functions", in relation to a public au thority or public officer, means powers con ferred, or duties imposed, on the authority or officer by or under any provision of law;

"the Gazette" means—

(a) the Official Gazette of Bermuda (including any Special Gazette or Gazette Ex traordinary) published by author ity; or

(b) the newspaper appointed for the time being by the Gov ernment to be the newspaper in which Government no tices are to be pub lished by authority;

"highway" includes any land, yard, court, square or wharf com municating with a highway and over or to which the public have a right of way or right of access;

"inquest" means an inquest held by a Coro ner upon a dead body, or in respect of a fire, or upon treasure trove and includes an inquest as aforesaid adjourned into the Supreme Court;

"land" includes land covered by water and any building erected on land and any estate, interest, right or easement in or over any land or building;

"master", in relation to a ship, means the person in command of the ship; but does not include the person for the time being pilot ing the ship unless he is also the master;

"month" means calendar month;

"oath" and "affidavit", in relation to a person allowed by any pro vision of law to af firm or declare instead of swearing, include affirmation and declaration; and "swear" in the like case in cludes "affirm" and "declare";

"ordnance map", in relation to Bermuda, includes any map made under the authority of an Act and any map made by the ap propriate authority for the purposes of Her Majesty's Gov ernment in the United Kingdom;

"person" includes any company or associa tion or body of per sons, whether corporate or unincorporate;

"prison" means any place declared to be one of Her Majesty's Prisons under the Pris ons Act 1979 [title 10 item 32];

"public holiday" means any day which is, or is kept as, a public holiday by virtue of the Public Holidays Act 1947 [title 28 item 8];

"public place" includes—

pening of an event or the doing of any act or thing is a Sunday or other pub lic holiday (which days are hereinafter in this paragraph referred to as "excluded days") then such period shall in clude the next following day which is not an ex cluded day;

(iii) where any act or proceeding is re quired or au thorized to be done or taken on a certain day, then, if that day is an excluded day, the act or proceeding shall be deemed to have been done or taken in due time if it is done or taken on the next following day which is not an excluded day;

(iv) where an act or proceeding is re quired or autho rized to be done or taken within any period not exceeding six days, then an excluded day falling within such pe riod shall not be reckoned in computing the passage of time;

(f) a reference to a part, section, regu lation, rule or Sched ule shall, unless the contrary intention appears, be read as a ref erence to a part, section, regulation, rule or Schedule of or to that Act or statutory instrument, as the case may be, and a refer ence to a subsection, para graph or sub-para graph shall, unless the contrary in tention appears, be read as a reference to a subsec tion, paragraph or sub-paragraph of the sec tion, subsection or paragraph, as the case may be, in which the said ref erence occurs.

Application of English law in interpreting and construing statutory provisions

10 Except as otherwise expressly pro vided in this or in any other Act, a court or other public authority constituted in Bermuda shall, in interpreting or construing any statutory provision, apply as nearly as prac ticable the rules for the interpretation and construction of provisions of law for the time being binding upon the Supreme Court of Judicature in England.

Effect of sections of an Act as substan tive enactments

11 Every section of an Act shall have effect as a substantive enact ment without any introductory words.

Citation of Acts and subsidiary legisla tion

12 (1) Where reference is to be made to an Act, it shall be suffi cient to cite the Act—

(a) by its title; or

(b) by its short title (if any); or

(2) Where it is provided in an Act that two or more Acts may to gether be cited by a collective short title containing in the ci tation the years of the first and last of such Acts, then in any such case such short title shall be construed to include all of the Acts covered by the short ti tle, or any of them.

(3) (a) Where reference is to be made to a statutory instrument, it shall be sufficient to cite the statutory instrument by its ti tle, or by its short title.

(b) A statutory instrument may be cited or referred to as "Bermuda Regulation" or "BR" or "B.R." followed by its filing number, a virgule and either the last two figures or all four figures of the year of its filing.

(4) If in any year the Governor shall have reserved for the sig nification of Her Majesty's pleasure a Bill for an Act contain ing a title by which it may be cited, and if Assent shall have been given to such a Bill in a year subsequent to the year in which it passed the two Houses of the Legislature, the Act so passed and assented to shall be read and con strued as if it had been passed in the year in which Assent was given to the Bill, and in all editions of the Act the said title shall be printed ac cordingly.

Time of commencement of Act

13 Where any Act, or any Part of an Act, or any enactment con tained in an Act, or any statutory instrument, is expressed to come or to have come into operation on a particular day, it shall be deemed to come into opera tion (or, as the case may be, to have come into operation) im mediately after the expira tion of the day last preceding that particu lar day.

Effect of repeal of repealing Act, etc.

14 (1) Where any Act, or any enactment contained in an Act which repeals any former Act or enactment, is itself repealed, then such
last repeal shall not have effect so as to revive the Act or enactment first re pealed unless a provision appears expressly reviving such repealed for mer Act or enactment.

(2) Where any Act repeals any former Act or any enactment contained in a former Act and substitutes any provisions for the former Act or enactment so repealed, then the former Act or enactment so re pealed shall, unless the contrary intention appears in the repeal ing Act, remain in operation until the sub stituted provisions come into operation.

(3) The provisions of subsections (1) and (2) shall apply, with necessary modifica tions, in relation to statutory instruments as those provisions apply in relation to Acts and enactments contained in Acts.

Repeal and re-enactment

15 (1) Where any Act repeals and re-en acts, without substantial modification, any provision of a former Act, then references in any other Act to the provision so repealed shall, if the context of that other Act so requires and unless the contrary intention appears in that other Act, be construed as references to the provision so re-enacted.

(2) The provisions of subsection (1) shall apply, with necessary modifications, in rela tion to statutory instruments as those provi sions apply in relation to Acts.

Effect of repeal on rights, liabilities, etc., under repealed Act

16 (1) Where an Act repeals any other Act or any enactment con tained in any Act then, unless the contrary intention appears in the re pealing Act, the repeal shall not have effect —

(a) so as to revive anything not in force or existing at the time at which the repeal takes effect; or

(b) so as to affect the previous operation of the Act or en actment so repealed, or so as to affect anything done or suffered under or by virtue of or in pursuance of the re pealed Act or enactment; or

(c) so as to affect any right, privilege, obligation or liability acquired, accrued or incurred under or by virtue of the Act or en actment so repealed; or

(d) so as to affect any judgment, sentence or order duly given, imposed or made, or any punishment, forfeiture or disability duly in curred, in respect of any offence committed against the Act or enactment so repealed; or

(e) so as to affect any investigation, le gal proceedings or remedy in respect of any such right, privilege, obligation, liability, judgment, sentence, order, punishment, for feiture or disability as is mentioned in paragraph (c) or (d); and—

(i) any such investigation, legal proceed ing or rem edy may be instituted, continued or enforced; and

(ii) any such judgment, sentence or order may be given, imposed or made; and

(iii) any such punishment, forfeiture or disability may be imposed,

as if the repeal ing Act had not come into operation.

(2) The provisions of subsection (1) shall apply, with necessary modifications, in rela tion to statutory instruments as they apply in rela tion to Acts and to enactments con tained in Acts.

Effect of repealing Act on statutory in struments made, etc., under repealed Act

17 Where an Act is repealed by another Act and other provisions are substituted by the repealing Act for the provisions of the Act so repealed, then any statutory instru ment made, given or issued under or in pur suance of the Act so repealed, and in force immediately prior to such re peal, shall, un less the contrary intention appears in the repealing Act, remain in force, to the extent that it is not inconsistent with the provi sions of the repealing Act, until such time as the statutory instrument is revoked, ex pires or otherwise ceases to have effect.

Construction of amending Act. etc., with Act, etc., amended thereby

18 (1) Where an Act amends another Act then the amending Act shall, as far as is consistent with the provisions thereof, and unless the contrary intention appears, be construed as one with the Act so amended.

(2) Where any statutory instrument amends another statutory instrument, the amending statutory instrument shall, as far as is con sistent with the provisions thereof and un less the contrary intention ap pears, be con strued as one with the statutory instrument so amended.

(3) Any reference to an Act or to a statu tory instrument shall be construed as refer ring to that Act or instrument as amended from time to time.

Modification of Acts of the Parliament of the United Kingdom, etc., to meet local cir cumstances

19 Any Act of the Parliament of the United Kingdom which is ex pressed to have ef fect, or whose provisions are otherwise ap plied, in re spect of Bermuda, and any leg islative instrument (not being a statutory instrument within the meaning of this Act) made, given or issued there under, which is expressed to have effect in Bermuda, shall be read with such formal alterations as to names, localities, courts, officers, persons, moneys, punishments and otherwise as may be necessary to make the Act of the Parliament of the United Kingdom or legislative instru ment as aforesaid applicable to the circum stances of Bermuda.

Citation of United Kingdom statutes

19A United Kingdom legislation may be cited by a short title or cita tion, if any, or by reference to the regnal or calendar year in which it was passed or by the number assigned to any statu tory instrument or statu tory rule and order.

[added by the Computerization and Revision of Laws Act 1989 section 18 and Schedule 2 Part I]

Construction of reference to United Kingdom legislation

19B A reference in any enactment to particular United King dom leg islation or to any provision, part or division thereof shall be construed as a reference to the same as the same may be from time to time amended and as a reference to the particular United Kingdom legislation or to any provision, part or division thereof substituted therefor.

[added by the Computerization and Revision of Laws Act 1989 section 18 and Schedule 2 Part I]

Interpretation of expressions in statutory instruments

20 In any case where an expression is defined in an Act then in any such case that expression shall, if used in any statutory instrument made, given or issued under or in pursuance of that Act, have the meaning as signed to the expression by the Act un less—

(a) the expression is otherwise defined in the statutory in strument; or

(b) there is anything in the subject or context of the statu tory instrument inconsis tent with that meaning.

Appointment of officers by name or office

21 Where by or under any Act any public authority is empowered to appoint or to name a person to exercise any powers or perform any du ties, the public authority may either appoint a person by name or direct the person for the time being holding the public office designated by the public authority to exer cise such powers and to perform such duties; and thereupon or from the date specified by the public authority the per son appointed by name or the person holding the office as aforesaid may exercise such powers and shall perform such duties accordingly.

Provisions relating to construction of powers of appointment

22 Where by or under any Act any public authority is empowered to appoint a person to any public office then the public authority, unless the contrary intention appears, may remove or suspend any person so appointed, and may reappoint or reinstate such person, and may appoint another person temporarily in the place of any person so removed or sus pended or in place of any holder of the of fice, who has died or is ill or ab sent, and may appoint another person temporarily to fill any vacancy in the office arising from any other cause:

Provided that where the power of the pub lic authority to make any such appointment is only exercisable upon the recommendation or subject to the approval, consent or concur rence of some other public authority then the power of removal, reappointment or reinstate ment shall, unless the contrary intention ap pears, be exercisable only upon the recommen dation or subject to the approval, consent or concurrence of that other public authority.

Official designation to include person performing functions

23 Where in any Act or in any statutory instrument reference is made to any public officer holding any public office by the des ignation of his office then such reference shall be construed so as to include any per son for the time being duly performing the functions of the office and any person from time to time appointed to perform any part of such functions.

Changes in the title of public officers and public authorities, etc

24 Whenever any change in title of any public officer or public office or of any public authority is effected by or under any Act, any
reference in any other Act or in any statutory instrument to the public officer, public office or public authority by the for mer title shall be construed as a reference to that public officer, public office or pub lic authority by the new title.

Change in style of a Minister

24A (1) Where the Governor, by virtue of the powers vested in him by section 61 of the Constitution, alters the style by which any Min ister shall be known and notification of such alteration is given in the Gazette, references to such Minister in any statutory provision or to his Ministry or department (other than references in any statutory provision which has become spent or which has had its effect) shall be read and con strued as referring to the Minister or his Ministry or department ac cording to the style by which he or they shall thenceforward be known.

(2) In this section "department" means a Government Depart ment known by the style of the Minister responsible for it.

Construction of provisions as to exercise of powers and duties

25 (1) Where any Act or statutory in strument confers a power or imposes a duty then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

(2) Where any Act or statutory instrument confers a power or imposes a duty on the holder of an office, as such, then, unless the con trary intention appears, the power may be exercised and the duty shall be performed by the holder for the time being of the of fice or by a person duly appointed to act in that office.

Governor in exercising functions to act on advice of Cabinet

26 Except where otherwise expressly provided, the Governor in ex ercising any function vested in him by any provision of law shall obtain and act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of Cabi net:

Provided that this section shall not apply to the exercise by the Governor of any func tion relative to any business of the Govern ment for which he is responsible under sec tion 62 of the Constitution.

Powers to delegate functions

27 (1) Where by any provision of law any function is vested in the Governor, Min ister or other public authority, the Gover nor, Minister or other public authority, as the case may be, may, unless expressly pro hibited from so doing, by notice published in the Gazette, depute any public officer by name or the person for the time being holding any pub lic office, to exercise such function on his or its behalf, subject to such condi tions, exceptions and qualifications as the Governor, the Minister or public authority in whom the function is vested may prescribe, and thereupon or from a date specified in the notice, the person so desig nated shall exer cise such function vested in him or it sub ject as afore said:

Provided that nothing in this section shall authorize the Gover nor, Minister or any public authority to depute any function vested in him or it to make any statutory in strument or to hear any appeal.

(2) Where by any provision of law any function is vested in the Governor and, by any provision of the Constitution, he is obliged to exer cise that function in accor dance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, the Governor, acting upon the recommendation of the Premier, may by notice pub lished in the Gazette designate any par ticular Minister in the Cabinet to exercise that function in his place, and thereupon the exercise of that function by the Minister so designated shall be as valid and effectual as if it had been exercised by the Governor act ing as aforesaid.

Signification of statutory instruments, etc

28 (1) Where by any provision of law the Governor is given power to make any statutory instrument, authorize any matter to be done, grant any exemption, remit any fee or penalty or exercise any other power, it shall be sufficient if the exercise of such power is signified by the Secretary to the Cabinet.

(2) Where by any provision of law the Gov ernor or a Minister is given power to make any statutory instrument, authorize any mat ter to be done, grant any exemption, remit any fee or penalty or exercise any other power, it shall be sufficient if the exercise of such power be signi fied by a public offi cer designated by the Governor or Minister, as the case may be, as having power to sig nify such exercise:

Provided that the foregoing provisions shall not apply to the power to issue any warrant or proclamation.

(3) Where by any provision of law any pub lic authority is given power to make any statutory instrument, authorize any matter to be done, grant any exemption, remit any fee or penalty or exercise any other power, it shall be sufficient if the exercise of such power be signified by the secretary or clerk of that public authority or such other
public officer as that public authority may desig nate as having power to signify such exer cise.

Exercise of functions after obtaining ad vice

29 Where any person is directed by any provision of law to act on the advice of any person or public authority in exercising any function vested in him he shall obtain such advice before exercising such function and shall act in accordance with such advice:

Provided that—

(a) where the Governor is required to act on the advice of any person or public author ity he may act otherwise than in accordance with that advice if in his judgment it is necessary or expedient so to act in the in terests of any of the matters for which he is responsible under section 62 of the Constitu tion; and

(b) notwithstanding that a provision of law requires a per son to act on the advice of another person or public au thority he may act otherwise than in accordance with that advice if the provision of law specifies that he may act in his discretion.

Exercise of functions after consultation

30 Where any person is directed by any provision of law to exercise any function af ter consultation with any other person or public authority he shall, if practicable, consult with such other person or public au thority before exercising the function but he shall not be obliged to exer cise that func tion in accordance with the advice of that person or au thority.

Exercise of functions in accordance with recommendation

31 Where any person is directed by any provision of law to exercise any function on or in accordance with the recommendation of any public authority or other person, then—

(a) before he acts on or in accordance therewith, he may, acting in his discretion, once refer the recommendation back for recon sideration by the public authority or other person concerned; and

(b) if that public authority or other per son, having reconsid ered the original recom mendation under paragraph (a), substitutes therefor a different recommendation, the pro visions of this section shall apply to that different recommendation as they apply to the original recom mendations.

Procedure on appeals to Governor, etc.

32 (1) Where by any Act or statutory in strument a right of appeal to the Governor or a Minister against any decision of a public authority is given to any person, such person may, in the absence of any express provision to the contrary—

(a) within thirty days after the notifica tion of the decision submit for the consider ation of the person to whom the right of appeal lies a written memorandum setting out the grounds of appeal on which he relies; and

(b) if he so desires, with the consent of the person to whom the appeal lies, appear in person or by counsel on such date and at such time as the person to whom the appeal lies may determine.

(2) It shall be lawful for the Governor or a Minister, when any appeal is made to him, to appoint a committee or a competent person for the purpose of hearing such appeal and advising him in writing as to the decision which should be made thereon; and in that event, the commit tee or person so appointed shall be deemed to be the person to whom the appeal lies for the purpose of subsection (1)(b).

(3) Where a committee or person has been appointed under subsection (2) the Governor or Minister shall consider any advice ten dered by such Committee or person before com ing to a decision on the appeal but may act in his discretion.

Effect of transferring functions from one functionary to another

33 (1) Where by or under any provision of law the functions of any functionary are transferred to another functionary, then, un less the context otherwise requires, the transfer shall not have effect—

(a) so as to affect the previous operation of any statutory provision affected by the transfer or affect anything done or suffered under or by virtue or in pursuance of any such statutory provision; or

(b) so as to affect any right, privilege, obligation or liability acquired, accrued or incurred under or by virtue or in pursuance of any such statutory provision, and the
functionary to whom the function is trans ferred shall be subrogated in every respect to all the rights, privileges, obligations or liabilities of the former functionary and may vary, revoke, enforce or otherwise deal therewith, as by law provided, accordingly and, without prejudice to the generality of the foregoing, the functionary to whom the function is transferred may vary or revoke or replace any statutory or other instrument made by the former functionary to the same extent and in the same manner as by law pro vided in relation to the former functionary.

(2) In this section "functionary" includes the Governor, Minis ter, Government Board, court, tribunal and any other public author ity or public officer.

Exercise of statutory power between pass ing and commencement of Act

34 In any case where an Act which is ex pressed not to come into operation immedi ately on the passing thereof, confers a power to make any appointment, or to make any statutory instrument, or to give any notice, or to do any other thing for the purposes of the implementation of the Act, then in any such case any power as aforesaid may, unless the contrary intention appears, be exercised at any time after the passing of the Act so far as may be necessary or expedient for the purpose of effec tively bringing the provi sions of the Act into force at the date of the commencement thereof, subject to the re striction that any appointment, statutory in strument, notice or thing, made, given, or done, under such power shall not, unless the contrary intention appears in the Act, or the appointment, notice or thing is necessary for bringing the Act into force, have any effect until after the commencement of the Act.

Powers in respect of making, etc., statu tory instruments

35 Where an Act confers power on any public authority to make, give or issue any statutory instrument the following provisions shall, unless the contrary intention appears, have effect with reference to the making, giving or issuing of any statutory instru ment, that is to say —

(a) any statutory instrument made, given or issued as aforesaid may be at any time amended, varied, modified, suspended, re scinded or revoked by the same statutory au thority and in the same manner and subject to the like conditions as it was made;

(b) where any Act confers power on any public authority to make, give or issue any statutory instrument for any general purpose and also for any special purposes, the enu meration of the special purposes shall not be deemed to derogate from the generality of the power conferred with reference to the general purpose;

(i) with any provision of the Act under which it is made, given or issued; or

(ii) with any provision of any other Act which is not overridden or impliedly repealed by or under the authority of the Act under which it is made, given or issued; or

(iii) with any provision of any Act of the Parliament of the United Kingdom which is ex pressed to have effect, or whose provisions are otherwise applied, in respect of Bermuda.

Acts done under statutory instrument to be deemed to be done un der Act by which statu tory instrument authorized

36 An act shall be deemed to be done un der any Act or under any Act of the Parlia ment of the United Kingdom or by virtue of the powers conferred by any Act or by any Act of the Parliament of the United King dom or in pursuance or in execution of the powers or under the author ity of any Act of the Parlia ment of the United Kingdom if the act is done under or by virtue or in pursuance of any statutory instrument made, given or issued under any provision of that Act or, as the case may be, of that Act of the Parliament of the United Kingdom.

Provision where no time prescribed

37 Where in any Act or statutory instru ment any thing is required to be done and no time is specified, required, prescribed or allowed within which that thing shall be done, then such thing shall be done with all convenient speed, and as often as the appro priate occasion arises.

Act amending another Act, con struction .....section 18

act in discretion after advice .....section 29

Act of Parliament, UK .....section 19 19A 19B 35 36

Act, operation suspended until Her Majesty's pleasure known .....section 42

advice before exercise of func tion, duty to obtain .....section 29

advice of Cabinet, Governor ex ercising function on .....section 26

advice, duty to obtain .....section 29

amendment of SI .....section 35

anticipatory exercise of statu tory power .....section 34

appeal to Governor .....section 32

appeal to Minister .....section 32

appeal, power to hear cannot be delegated .....section 27

application of English law .....section 10

application of Interpretation Act 1951 .....section 1

application of rules for inter pretation of English law .....section 10

appointment by public author ity .....section 21

appointment, powers of .....section 22

as occasion requires, power/duty .....section 25

as often as the appropriate oc casion arises .....section 37

change in style of Minister .....section 24A

change of title, public office or authority .....section 24

citation .....section 12

citation of Acts .....section 12

commencement, time of .....section 13

computation of time .....section 9

consultation before exercise of function .....section 30

construction .....section 8 9 18 25

convenient speed .....section 37

corporation sole, Government is .....section 44

Crown, whether bound .....section 43

definition in Act apply to SI .....section 20

definitions .....section 1 2 3 4 5 6 7 20

delegation of functions .....section 27

designation of public officer to signify exercise of power .....section 28(2)

deviation from form, slight .....section 38

disallow Act .....section 42

disposal of forfeit .....section 39

distance measured in straight line on horizontal plane .....section 9

duty to obtain advice before ex ercising function .....section 29

duty, performed from time to time .....section 25

early exercise of statutory power .....section 34

effect of repeal of repealing Act or SI .....section 14

effect of repeal on rights .....section 16

effect of repeal on SI .....section 17

effect of sections as substantive enactments .....section 11

effect of transferring functions .....section 33

effect of setting out punishment .....section 41

effect of suspension of opera tion until Her Majesty's pleasure known .....section 42

English law, application .....section 10

English law rules for interpre tation applicable .....section 10

enumeration of special pur poses does not derogate from generality .....section 35

exercise of certain powers by Governor or Minister, sig nified by designated pub lic officer .....section 28(1)

exercise of certain powers by Governor, signified by Secretary to Cabinet .....section 28(1)

exercise of certain powers by public authority, signified by secretary or clerk .....section 28(3)

exercise of statutory power be fore commencement .....section 34

exercised from time to time, power .....section 25

forfeit to the Crown .....section 39 43

formal alterations, UK legisla tion .....section 19

function, exercise on recom mendation .....section 31

function, exercise only after consultation .....section 30

function, exercise only after obtaining advice .....section 29

function transferred to another functionary .....section 33

Government is corporation sole .....section 44

Governor exercising functions on advice of Cabinet .....section 26

Governor may delegate function .....section 27

Governor obliged to exercise function in accordance with advice of Cabinet or Minister acting under general authority, on rec ommendation of Premier, may delegate function .....section 27(2)

Her Majesty's pleasure, Act suspended until known .....section 42

holder for time being of office .....section 25

horizontal plane, distance mea sured in straight line on .....section 9

implication that Crown bound .....section 43

local circumstances, modifica tion of UK legislation .....section 19

majority of persons (may do an act) .....section 9

making of SI .....section 35

masculine gender includes fe males .....section 9

Minister acting under general authority of Cabinet .....section 26

Minister may delegate function .....section 27

Minister, style alteration .....section 24A

modification of SI .....section 35

modification of UK legislation, local circumstances .....section 19

officer appointed by office .....section 21

official designation, includes person performing func tions .....section 23

once refer recommendation back .....section 31

part means part in which refer ence occurs .....section 9

part of functions, performing .....section 23

performed from time to time, duty .....section 25

person duly appointed to act .....section 25

person for time being perform ing functions .....section 23

plural includes singular .....section 9

power to hear appeal cannot be delegated .....section 27

power to make SI cannot be delegated .....section 27

power, exercised from time to time .....section 25

powers of appointment .....section 22

procedure on appeal to Gover nor/Minister .....section 32

provision not to be inconsistent .....section 35

public authority may delegate function .....section 27

public authority, ap proval/consent/concurrence .....section 22

punishment not exceeding punishment specified .....section 40

punishment, specifying indi cates contravention is an offence .....section 41

reappoint or reinstate, power to .....section 22

reasonable time where none prescribed .....section 37

recommendation, refer back once .....section 31

refer recommendation back once .....section 31

reference to new title of public office/authority/Minister .....section 24 24A

regulation means regulation in which reference occurs .....section 9

remove or suspend, power to .....section 22

repeal and re-enactment .....section 15

repeal of repealing Act or SI, effect of .....section 14

rescinding of SI .....section 35

rights of Crown, saving for .....section 43

rights under repealed Act, sav ing effect .....section 16

rule means rule in which refer ence occurs .....section 9

rules for interpretation of En glish law applicable .....section 10

saving effect for rights under repealed Act .....section 16

saving for section 62 of Con stitution .....section 26 29

saving for SI on repeal of en abling Act .....section 17

Schedule means Schedule in which reference occurs .....section 9

Secretary to Cabinet, exercise of certain powers by Gover nor signi fied by .....section 28(1)

section as substantive enact ment .....section 11

section of Act as substantive enactment .....section 11

section means section in which reference occurs .....section 9

SI not to be inconsistent with Act or applied UK legisla tion .....section 35

SI remains in force on repeal enabling Act .....section 17

SI, acts done under as though under Act .....section 36

SI, expressions in use in Act .....section 20

SI, making .....section 28 35

singular includes plural .....section 9

slight deviation from form .....section 38

straight line on horizontal plane, distance measured in .....section 9

suspension of enactment until Her Majesty's pleasure made known .....section 42

suspension of SI .....section 35

temporarily to fill vacancy .....section 22

time of commencement .....section 13

time, computation of .....section 9

time, none prescribed .....section 37

transfer of function one to an other .....section 33

UK Act of Parliament .....section 19 19A 19B 35 36

vacancy, temporarily to fill .....section 22

warrant or proclamation by Governor, signification ex ception .....section 28

Bermuda Consolidated Legislation

Interpretation Act 1951