Court of Appeal (Amendment) Act, 2004

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No. 21 of 2004

AN ACT TO AMEND THE COURT OF APPEAL ACT

[Date of Assent - 21st September, 2004]

Enacted by the Parliament of The Bahamas.

1.(1)

This Act, which amends the Court of Appeal Act may be cited as the Court of Appeal (Amendment) Act, 2004.

Short title and commencement.

Ch. 52.

(2)

This Act is deemed to have come into effect on the 1st day of July, 2003.

Section 5 of the principal Act is repealed and replaced by the following section -

Repeal and replacement of section 5 of the principal Act.

"Appointment of Registrar and Deputy Registrar.

5. The Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint persons to be the Registrar of the Court of Appeal and the Deputy Registrar of the Court of Appeal respectively:

Provided that no person shall be appointed to be the Registrar of the Court of Appeal or Deputy Registrar of the Court of Appeal unless -

(a)

he is a member of at least five years standing of the English, Irish, Scottish or Bahamas Bar or of the Bar of any country of the Commonwealth to which a member of The Bahamas Bar is admitted without examination; or

(b)

he has been enrolled and has practised for at least five years as a solicitor in England, Ireland or Scotland, or in any country of the Commonwealth where a member of The Bahamas Bar is permitted to practise as a solicitor without examination.".

Section 6 of the principal Act is amended by the insertion immediately after subsection (4) of the following new subsection -

Amendment of section 6 of the principal Act.

"(5)The Registrar shall be the accounting officer for the purposes of the Financial Administration and Audit Act.".

The principal Act is amended by the insertion immediately after section 6 of the following new section -

Insertion of new section 6A into the principal Act.

"Power to administer oaths and perform other functions.

6A.(1) Without prejudice to the provisions of any other Act or of rules of court, the persons specified in the Schedule shall have power to administer oaths and take solemn declarations or affirmations in lieu of oaths in all matters transacted in court or in chambers or in the office of the Registrar.

Schedule.

(2)A clerk in the office of the Registrar shall have the power to exercise any other functions designated to that clerk in writing by the Registrar or the Deputy Registrar.".

The principal Act is amended by the insertion immediately after section 31 of the following -

Insertion of new Schedule into the principal Act.

"SCHEDULE

PERSONS EMPOWERED TO ADMINISTER OATHS

Registrar

Deputy Registrar

Any clerk in the office of the Registrar designated in writing for the purpose by the Registrar or a Deputy Registrar.".

The enactments specified in the Schedule are amended to the extent so specified in that Schedule.

Certain Acts amended.

(section 6)

SCHEDULE

Enactment	Amendment
Court Deposits Act Chapter 62	Section 2 is amended by the -
	(i) repeal of the definition of 'court' and the particulars relating thereto and the substitution therefor of the following - '"court" means the Supreme Court or the Court of Appeal, or a judge thereof;'; and (ii) repeal of the definition of "Registrar" and the particulars relating thereto and the substitution therefor of the following- '"Registrar" means the Registrar of the Court and includes the Deputy Registrar;'.
Criminal Procedure Code Chapter 91	Section 231 is amended by the insertion immediately after subsection (3) of the following new subsection -
	"(4)For the purposes of this Part, "Registrar" means the Registrar of the Supreme Court or the Court of Appeal respectively, to which an appeal lies.".

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Bahamas Numbered Acts

Court of Appeal (Amendment) Act, 2004