Statutory Instruments Act 1977

[20 July 1977]

[Preamble and words of enactment omitted]

Interpretation

1 (1) In this Act, unless the context otherwise requires—

"enabling Act" means an Act conferring power to make a statutory in strument;

"Parliamentary procedure" means either affirmative resolution proce dure or negative resolution procedure under this Act;

"publication" includes the deposit of copies for public inspec tion where that procedure is authorized by this or the enabling Act;

"Secretary" means the Secretary to the Cabinet;

"statutory instrument" means any proclamation, rule, regula tion, order, rule of court, by-law, notice or other instru ment made in Bermuda under or by virtue of any provi sion of law and having legislative effect.

(2) In any proceedings a certificate from the Attorney-Gen eral stating whether or not a document constitutes a statutory in strument within the meaning of this Act shall be conclusive evi dence of the facts stated therein.

(3) In this and every other Act unless the context otherwise re quires—

"affirmative resolution procedure" means the procedure de scribed in section 7;

"negative resolution procedure" means the procedure described in sec tion 8.

Filing of all statutory instruments with Secretary to the Cabinet

2 (1) Every statutory instrument shall be filed by the maker thereof with the Secretary.

(2) The Secretary shall be responsible for the numbering and indexing of all statutory instruments filed in his office and for their publication.

(3) Where a map or plan—

(a) forms part of a statutory instrument for the purpose of illustrat ing a description of land;

(b) is identified in the statutory instrument by a number given to it by the Secretary,

and the statutory instru ment states that the map or plan is filed in the office of the Secretary, he may in his discretion file the map or plan in his office in numerical order.

(4) When under subsection (3) a map or plan is to be filed in the office of the Secretary, a copy of the map or plan shall be kept for a period of one year in a place where it may be inspected at all rea sonable hours by members of the public and the statutory instrument shall
specify such place.

(5) "maker" for the purpose of this section shall mean in the case of a statutory instrument requiring the consent or approval of the Governor or a Minister, the Governor or the Minister, as the case may be.

Numbering of statutory instruments

3 Statutory instruments shall be numbered in the order in which they are filed and a new series shall be commenced each year.

Citation of statutory instruments

4 [Deleted — see title 1 item 1 sec tion 12 of the Interpretation Act 1951.]

Publication of statutory instruments

5 (1) Every statutory instrument shall be published in the Gazette within one month of its filing, unless publication by de posit for public inspec tion is authorized by the enabling Act.

(2) The Premier may at any time by order extend the time for the publi cation of a statutory instrument and the order shall be pub lished with the statutory instrument.

(3) An order made under subsection (2) shall not be subject to Parlia mentary scrutiny under this Act.

(4) A statutory instrument shall not have effect until pub lished.

(5) A statutory instrument shall have effect when published unless in the enabling Act or in the instrument another date is specified.

Parliamentary scrutiny of statutory instruments

6 (1) Every statutory instrument made by the Governor or a Minister un der an enabling Act, or which though made by some other person or authority requires the consent or approval of the Governor or a Minister, shall, unless specifically provided to the contrary in such Act, be subject to Parliamentary scrutiny by way of affirmative resolution pro cedure or negative resolution procedure as required by subsection (2).

(2) The procedure applicable for Parliamentary scrutiny shall be the af firmative resolution procedure, unless the enabling Act specifically ap plies the negative resolution procedure.

(3) Nothing in this section shall apply to a statutory instru ment ap pointing a day for the commencement or expiry of an Act or part of an Act.

Affirmative resolution procedure

7 Where the affirmative resolution procedure applies no statutory instru ment shall be made unless a draft of the statutory instru ment has been laid before both Houses of the Legislature and a resolution approv ing the draft has been passed by each House of the Legislature and communi cated to the Governor by message.

Negative resolution procedure

8 Where the negative resolution procedure applies—

(a) copies of the statutory instrument shall be laid before both Houses of the Legislature as soon as practicable after the statu tory instrument is made;

(b) if either House of the Legislature, within the pe riod of twenty-one days (beginning with the day on which a copy is laid before it) or before the expiration of the third sitting day (including the day on which a copy is laid before it), whichever is the later, resolves that a message be sent to the Governor requesting that the statutory in strument or any part thereof be annulled—

(i) no further proceedings shall be taken under the statu tory instrument or such part thereof after the date of the resolu tion;

(ii) the maker shall as soon as practicable by notice in the Gazette declare the statutory instrument or such part thereof to be annulled in pursuance of the resolution;

and as from the date of publication of the notice the statutory instru ment or such part thereof shall cease to have effect, but without preju dice to anything done or omitted to be done there under.

Copies of messages to the Governor to be filed with the Secretary to the Cabinet

9 The Deputy Governor shall file with the Secretary a copy of every mes sage from either House of the Legislature to the Governor under this Act.

Power to modify the application of this Act to Acts passed before 20 July 1977

10 (1) If with respect to any Act passed before 20 July 1977 it appears to the Premier that by reason of the excep tional nature of the provisions of that Act conferring power to make a statutory instru ment, the application of section 6 would be inexpedient, the Premier may by order direct that section 6 shall not apply to statutory instruments made under those pro visions, or shall apply thereto subject to such modifica tions as may be specified in the order.

(2) The affirmative resolution procedure shall apply to any or der made under this section.

Repeals and amendments

11 [omitted]

Saving

12 This Act shall not apply to or affect the provisions of law speci fied in the First Schedule.

FIRST SCHEDULE

The Constitution [title 2 item 1]

Parliament Act 1957 [title 2 item 13]

Defence Act 1965 [title 7 item 21]

Bermuda Volunteer (Reserve Force) Act 1939 [title 7 item 24]

Trading with the Enemy Act 1939 [title 7 item 53]

Emergency Powers Act 1963 [title 10 item 2]

Bermuda Monetary Authority Act 1969 [title 16 item 11]

SECOND SCHEDULE

[omitted]

[Amended by
1984 : 47]

Bermuda Consolidated Legislation

Statutory Instruments Act 1977