Statute Law Revision Act, 2003

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No. 1 of 2003

AN ACT TO PROVIDE FOR

THE REVISION OF THE STATUTE LAW

OF THE COMMONWEALTH OF

THE BAHAMAS

[Date of Assent : - 24th March, 2003]

Enacted by the Parliament of The Bahamas.

This Act may be cited as the Statute Law Revision Act, 2003, and shall come into operation on the date appointed by the Governor-General under section 12(2) of the Law Reform and Revision Act.

Short title and commencement.

Chapter 3.

The written laws described in the first column of the Schedule are amended to the extent set out in the second column of that Schedule.

Amendment of written laws.

Schedule

(Section 2)

SCHEDULE

AMENDMENT TO WRITTEN LAWS

Written Law

Amendment

Substitute the Schedule as follows :

Declaratory Act (Chapter 4)

(Section 3)

"SCHEDULE

PART I

ACTS AND STATUTES OF THE PARLIAMENT OF ENGLAND AND OF THE PARLIAMENT OF GREAT BRITAIN EXTENDED TO THE BAHAMAS BY 2 OF 1799

Acts and Statutes	Subject	Chapter in this Edition
13 Elizabeth I. c.5	Fraudulent Gifts	149
27 Elizabeth I. c.4	Fraudulent Conveyances	150
29 Charles II. c.3	Statute of Frauds	154
31 Charles II. c.2	Habeas Corpus	63
4 William & Mary c.16	Clandestine Mortgages	151
8 Anne c.14	Landlord and Tenant	161
9 Anne c.14	Gaming	388
4 George II. c.28	Landlord and Tenant (No. 2)	162
7 George II. c.20	Mortgages	156
11 George II. c.19	Distress for Rent (No. 2)	165

Note: This Act declared 207 Acts and Statutes in force in The Bahamas. Subsequent legislation has reduced this number to 10. Each of these Acts and Statutes is inserted in its appropriate title and numbered as a chapter of this Edition as indicated above.

PART II

ACTS AND STATUTES OF THE PARLIAMENT OF ENGLAND AND OF THE PARLIAMENT OP GREAT BRITAIN AND OF THE PARLIAMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND EXTENDED TO THE BAHAMAS SINCE THE ENACTMENT OF THE DECLARATORY ACT 2 OF 1799 AND STILL IN FORCE

Acts and Statutes Extended	Subject	Extending Act	Chapter in this Edition
2 William & Mary Sess. 1 c.5	Distress for Rent	10 of 1872	164
57 George III. c.52	Deserted Tenements	10 of 1872	166
1 William IV. c.40	Executors	23 of 1860	(Repealed)
2 & 3 William IV. c.71	Prescription	9 of 1846	158
3 & 4 William IV. c.27	Real Property Limitation	9 of 1846	(Repealed)
3 & 4 William IV. c.42	Civil Procedure	33 of 1840	(Repealed)
3 & 4 William IV. c.106	Inheritance	15 of 1844	(Repealed)
4 & 5 William IV. c.22	Rent Apportionment	10 of 1872	167
1 Victoria c.26	Wills	23 of 1841	(Repealed)
1 Victoria c.28	Real Property Limitation	9 of 1846	(Repealed)
6 & 7 Victoria c.96	Libel	8 of 1847	72
8 & 9 Victoria c.106	Real Property	9 of 1846	169
13 & 14 Victoria c.28	Trustees Appointment	14 of 1903	174
15 & 16 Victoria c.24	Wills	21 of 1854	(Repealed)
18 & 19 Victoria c.43	Infants' Settlements	23 of 1860	136
18 & 19 Victoria c.111	Bills of Lading	23 of 1860	332
19 & 20 Victoria c.97	Mercantile Law Amendment	23 of 1860	334
22 & 23 Victoria c.35	Law of Property	23 of 1860	170
25 & 26 Victoria c.89 (Part iv)	Companies	4 of 1868	(Repealed)
33 & 34 Victoria c.35	Apportionment	10 of 1872	168
34 & 35 Victoria c.79	Lodgers' Goods	10 of 1872	292
37 & 38 Victoria c.57	Real Property Limitation	2 of 1877	(Repealed)
45 & 46 Victoria c.61	Bills of Exchange	5 of 1892	335
52 & 53 Victoria c.49	Arbitration	20 of 1899	180
53 & 54 Victoria c.19	Trustees Appointment	14 of 1903	175
56 & 57 Victoria c.53	Trustees	20 of 1899	(Repealed)

NOTE: Each of these Acts and Statutes is inserted in its appropriate title and numbered as a chapter of this Edition as indicated above.

There are in addition certain Acts of the United Kingdom Parliament that apply in or may be applied to The Bahamas by virtue of their own provisions. These are not printed in this Edition, but a reference is made to them at the end of the Table of Statutes in the Supplementary Volume.".

In Part VII of the principal Act insert section 249 as follows -

Merchant Shipping Act (Chapter 246)

"Interpretation.

249.(1) In this Part -

"ship" includes every description of lighter, barge or like vessel, however propelled, and any structure launched and intended for use in navigation as a ship or a part of a ship;

"unit of account" means the unit of account calculated in accordance with Article 8 of Part I of the second Schedule to the Merchant Shipping (Maritime Claims Limitation of Liability) Act, 1989.

(2)This section shall be deemed to have come into force on November 1, 1989.".

In the Schedule that relates to the amendments to the Sexual Offences and Domestic Violence Act (No. 9 of 1991) insert paragraphs 9 and 10 as follows -

The Abolition of Mandatory Minimum Sentences Act, 2000 (No. 10 of 2000)

"9. In section 12(2) delete the words "a minimum term of imprisonment of eight years" and the words immediately following thereof and substitute the words "a term of imprisonment of eight years.".

"10. In section 13(1)(a) delete the words "a minimum term of imprisonment of seven years" and the words immediately following thereof and substitute the words "a term of imprisonment of seven years, and in the case of a second or subsequent conviction for the offence, a term of imprisonment of fourteen years;".

(a)

In section 10 as renumbered, substitute paragraph (b) and the words following thereon, with the following -

Banks and Trust Companies Regulation Act, 2000 (No. 38 of 2000)

"(b) fails to comply with the requirements of section 9 for forty-two days after the date appointed by the Governor under section 9 for so doing,

the licensee or person so in default shall be liable to a penalty of two hundred and fifty dollars for every day of such default:".

(b)

In section 11 as renumbered -

(i)

in the introductory words, delete the words "with such reasonable time" and substitute therefor the words "within such reasonable time";

(ii)

substitute paragraph (b) and the words following thereon with the following -

"(b) such other information relating to the licensee as may be so specified,

and any person who contravenes the requirements of such an instrument or who in response to such an instrument knowingly or wilfully supplies false information to the Governor shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.".

(c)

In section 13 as renumbered in subsection (1), delete the words "and functions" and substitute therefor the words "and the functions".

(a)

In section 3(1)(b), after the words "Insurance Act" insert the words "or insurance business as defined in section 2 of the External Insurance Act;".

Financial Transactions Reporting Act, 2000 (No. 40 of 2000)

(b)

In sections 8(6)(c), 9(6)(c), 11(2), 11(3)(b)(iii) and 11(4)(b)(iii), delete the words "only if such institution is located in a country mentioned in the First Schedule".

(a)

In section 12(3)(b), after the word "contains" insert the words "without express prior permission of the Registrar which permission may be withheld without assigning a reason".

International Business Companies Act, 2000 (No. 45 of 2000)

(b)

In section 76(1), delete the words "and will satisfy the requirements prescribed for an International Business Company by section 4".

(c)

In sections 83(1) and 84(1), delete respectively the words "if it will satisfy the requirements prescribed for an International Business Company by section 4".

(d)

In section 137(6), delete the word "statement" and substitute therefor the word "notice".

(e)

In section 164(3), delete the words "subsection (3)" and substitute therefor the words "subsection (2)".

(f)

Repeal subsection (2) of section 165 and replace with the following -

"(2) If upon an application under subsection (1) the court is satisfied that it would be fair and reasonable for the name of the company to be restored to the Register, the court may order the name of the company to be restored to the Register upon payment to the Registrar of all fees, and upon restoration of the name of the company to the Register, the name of the company is deemed never to have been struck off the Register.".

(g)

In section 175(1), after the words "specified therein" insert the words "and such other fees as the Minister may, by order, prescribe.".

In section 12(4) -

The Pensions (Amendment) Act, 2001 (No. 8 of 2001)

(i)

in subparagraph (i), insert the word "and" after the word "Court;";

(ii)

in subparagraph (ii), delete the semi-colon after the word "Appeal" and substitute it with a comma; and

(iii)

delete subparagraph (iii).

Subsidiary Legislation

In Order 81 -

Rules of the Supreme Court Vol. II Subsidiary Legislation page 871

(i)

in the heading substitute the words "Proceeds of Crime Act, 2000" for the words "Tracing and Forfeiture of Proceeds of Drug Trafficking Act, 1986";

(ii)

in rule 1(1), substitute the words "Proceeds of Crime Act, 2000" for the words "Tracing and Forfeiture of Proceeds of Drug Trafficking Act, 1986";

(iii)

in rule 3(1), substitute the words "section 26" and "section 27" for the words "section 10" and "section 11" respectively;

(iv)

in rule 7(1), substitute the words "section 29" for the words "section 13";

(v)

in rule 7(3), substitute the words "section 19(2)" for the words "section 7(2)";

(vi)

in rule 7(4), substitute the words "section 29" and "section 30(1)" for the words "section 13" and "section 14(1)" respectively;

(vii)

in rule 8(1), substitute the words "section 26 or 29" for the words "section 10 or 13";

(viii)

in rule 9, substitute the words "section 57" for the words "section 19";

(ix)

in rule 10(1), substitute the words "section 38", "section 26 or 29" and "section 38(7)" for the words "section 25", "section 10 or 13" and "section 25(8)" respectively; and

(x)

in rule 10(3), substitute the words "section 38(4)" and "section 38(6)" for the words "section 25(4)" and "section 25(7)" respectively.

Substitute regulation 19 as follows -

"Application.

19. This Part applies to -

(a)

sea-going ships which are registered in The Bahamas wherever they may be; and

(b)

other ships when in the territorial waters of The Bahamas, but does not apply to fishing vessels or pleasure craft.".

Paragraph 2 is repealed and replaced by the following -

The Judges' Remuneration and Pensions Act, 1988 (Extension to Justices of Appeal) (Amendment) (No. 2) Order, 2001

(S.I. No. 119 of 2001)

"Amendment of Schedule to the principal Order.

2. The Schedule to the principal Order is amended in the modification relating to section 7 of the Act -

(a)

by the insertion immediately before the word "(1)" of the word "7."; and

(b)

by repealing subsection (2) and replacing it with the following -

"(2) Subject to this Act, there shall be paid to a person who retires from the office of Justice of Appeal and to whose service in that office subsection (1) does not relate -

(a)

an annual pension equivalent to one-fifth of his pensionable emoluments plus one three hundredths of the pensionable emoluments paid to him over the last year immediately preceding the year of his retirement times each completed period of thirty days, save that the pension payable under this section shall not exceed the pensionable emoluments; and

(b)

a gratuity of fifteen per cent of his pensionable emoluments in respect of each completed period of thirty days of his service in the office of Justice of Appeal.".

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Bahamas Numbered Acts

Statute Law Revision Act, 2003