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The Miscellaneous Written Laws (Rectification) Order, 2005

OFFICE OF THE ATTORNEY GENERAL

S.I. No. 36 of 2005

THE INTERPRETATION AND

GENERAL CLAUSES ACT

(Chapter 2)

THE MISCELLANEOUS WRITTEN LAWS

(RECTIFICATION) ORDER, 2005

The Attorney General, in exercise of the powers conferred by section 79 of the Interpretation and General Clauses Act, makes the following Order -

1.
This Order may be cited as the Miscellaneous Written Laws (Rectification) Order, 2005.

Citation.

2.
The written laws described in the first column of the Schedule are rectified to the extent set out in the second column of that Schedule.

Rectification of miscellaneous written laws.

Schedule.

(Paragraph 2)

SCHEDULE

Written law

Rectification

Freeport, Grand Bahama Act
(Chapter 30)

In section 2 delete the word "stature" and substitute the word "statute".

Judicial and Legal Service (Prescribed Public Offices) Act
(Chapter 42)

Repeal the Schedule and replace with the following -

SCHEDULE

PUBLIC OFFICE

DEPARTMENT

25 of 1974

Director of Legal Affairs

Principal Legal Draftsman

Senior Counsel

Legal Draftsman

Counsel

Assistant Legal Draftsman

Assistant Counsel

Registrar of the Supreme Court

Legal Department

Legal Department

Legal Department

Legal Department

Legal Department

Legal Department

Legal Department

Judicial Department (Supreme Court)

Assistant Registrar

Judicial Department (Supreme Court)

Chief Magistrate

Judicial Department (Magistrates' Court)

Stipendiary and Circuit Magistrate

Judicial Department (Magistrates' Court)

Registrar-General

Registrar-General's Department

Deputy Registrar-General

Registrar-General's Department

S.I. 21/1986

Deputy Registrar

Judicial Department (Supreme Court)

S.I. 60/1990

Deputy Director of Legal Affairs

Chief Counsel

Senior Magistrate

Legal Department

Legal Department

Judicial Department (Magistrates' Court)

Assistant Registrar-General

Registrar-General's Department

S.I. 31/1994

Assistant Director of Legal Affairs

Legal Department

S.I. 81/1995

Director of Public Prosecutions

Legal Department

S.I. 16/1997

President of the Industrial Tribunal

Vice-President of the Industrial Tribunal

Registrar of the Court of Appeal

Labour Department

Labour Department

Judicial Department (Court of Appeal)

Deputy Registrar of the Court of Appeal

Judicial Department (Court of Appeal)

Deputy Chief Magistrate

Judicial Department (Magistrates' Court)

S.I. 18/1999

Senior Stipendiary and Circuit Magistrate

Judicial Department (Magistrates' Court)

Deputy Director of Public Prosecutions

Legal Department




Sexual Offences and Domestic Violence Act
(Chapter 99)

(a)
In section 25(e) delete the words "not to exempt" and substitute the words "nor to exempt".
(b)
In section 33(1) delete the word "contact" and substitute the word "contract".
(c)
Repeal section 38 and re-number section 39 as section 38.

Status of Children Act
(Chapter 130)

In section 6 delete the words "this section" and substitute the words "this Act".

Conveyancing and Law of Property Act
(Chapter 138)

In section 3(12) delete the word "hs" and substitute the word "he".

International Persons Landholding Act
(Chapter 140)

In section 5 delete the letter "n" appearing immediately before the words "the acquisition".

Rule Against Perpetuities (Application to Future Easements) Act
(Chapter 146)

In the heading delete the word "HAPTER" and substitute the word "CHAPTER".

Births and Deaths Registration Act
(Chapter 188)

Delete the Chapter reference "Ch. 118" at the top of the pages and substitute the words "Ch. 149".

Fraudulent Gifts Art
(Chapter 149)

In section 4(5) delete the word "Commissioners" and substitute the word "Administrators".

Police Act
(Chapter 205)

(a)
In section 34(3) delete the extra word "take".
(b)
In section 37(2) delete the words "Power to commandeer boat in emergency".
(c)
In section 37(2) delete the words "Power to commandeer boat in emergency".
(d)
In section 52(b) insert a comma after the word "officer".
(e)
In section 52 for the colon substitute a full-stop after the word "years".

Police Act
(Chapter 211)

(a)
Repeal section 208.
(b)
Repeal section 209.
(c)
Re-number sections 210, 211, 212, 213 and 214 as sections 208, 209, 210, 211 and 212 respectively.

Road Traffic Act
(Chapter 220)

(a)
In section 42B(f) delete the year "1996" and substitute the year "1986".
(b)
In section 49B(3) delete the word "proved" and substitute the word "provide".
(c)
In section 49C(1) delete the word "is" where it appears a second time and substitute the word "his".

Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) (Extension of Tax Exemption Period) Act
(Chapter 265)

Delete subsection (2) of section 3 and and re-number section 3(1) as section 3.

Hotels Encouragement Act
(Chapter 289)

(a)
In section 2(1) in the definition of "Out Island" for the words "Interpretation Act" substitute the words "The Interpretation and General Clauses Act" wherever they appear.
(b)
In section 4 (1)(a) delete the words "s.2" in the marginal note to the proviso and substitute the words "s.3".
(c)
In section 5(2) delete the words "five pounds" wherever they appear and substitute the words "twenty dollars".

Customs Management Act
(Chapter 293)

In paragraph 3 of the Second Schedule delete the word "inporting" and substitute the word "importing".

Telecommunications Act
(Chapter 304)

(a)
In section 2 -
(i)
in the definition of "class licence" delete paragraph (b) and substitute the following - "(b) a radiocommunications licence,



that is available to all persons who satisfy the criteria established by the Commission to be a licensee under such a licence;".

(ii)
in the definition of "individual licence" in paragraph (b) delete the words "section 29" and substitute the words "section 30", and
(iii)
in the definition of "radio communications licence" delete the words "section 29" and substitute the words "section 30".
(b)
In section 5(2)(a) delete the words "qualifying licensees" and substitute the words "qualified licensees".
(c)
In section 6(2)(d) delete the words "section 35" and substitute the words "section 34".
(d)
Delete subparagraph (ii) of section 7(3) (b) and substitute the following -

"(ii) in any case remit the matter to the Commission for reconsideration generally or for such further consideration by the Commission as the court thinks fit,









and may make such order as to costs including costs in the proceedings before the Commission and such other order as it thinks fit."

(e)
In section 9(6) delete the words "section 11" and substitute the words "section 12".
(f)
In section 14(6) (c) delete the words "available for users" and substitute the words "available to users"
(g)
In section 15(2) (e) delete the words "section 32" and substitute the words "section 33".
(h)
In section 18 delete the words "approved for section 16" and substitute "approved under section 16".
(i)
In section 28(1) delete the words "cable system" and substitute the words "cable television system".
(j)
In section 31(1) delete the word "telecommunications" and substitute the word "radiocommunications".
(k)
In section 31(3) (a) delete the word "extend" and substitute the word "extent".
(l)
In section 32(4) in the penultimate paragraph delete the words "in directions" and substitute the words "for instructions".
(m)
In section 34(3) (a) (iii) insert the word "which" immediately before the words "representations or objections" where they appear a second time.
(n)
In section 35(1) insert the word "provides" immediately after the words "operates a telecommunications system or".
(o)
In section 35(7)(b) delete the words "public affairs of" and substitute the words "private affairs or".
(p)
In section 35(8) delete the words "section 6(2) (b)" and substitute the words "section 6(3) (b)".
(q)
In section 36(3)(a) -
(i)
insert the word "is" immediately after the word "person" ; and
(ii)
delete the word "or" where it appears a third time.
(r)
In section 36(3) (c) insert the words "hovercraft, buoy or beacon" immediately after the word "aircraft".
(s)
In section 36)4)(b) -
(i)
insert the word "apparatus" immediately after the words "having reasonable cause to believe, that" ; and
(ii)
delete the word "telecommunications" and substitute the word "radiocommunications".
(t)
In section 37(3) delete the word "the" and substitute the word "that".
(u)
In section 40(3) -
(i)
insert the words "directions or" immediately after the words "as the Minister or Commission issues" ; and
(ii)
insert the words "or instructions" immediately after the words " Once the Minister or the Commission issues directions".
(v)
In section 40(5) delete the word "it" and substitute the word "its".
(w)
In the First Schedule -
(i)
in paragraph 2(1) insert the word "been" immediately after the words "and in whom they have" ; and
(ii)
in paragraph 3(2) delete the word "vesting" and substitute the word "vested".
(x)
In the Second Schedule delete the words "section II" and "Section II" wherever they appear and respectively substitute the words "section 11" and "Section 11".
(y)
In the Third Schedule -
(i)
delete the words "Section II" wherever they appear and substitute the words "Section 11"; and
(ii)
delete the word "corporation" and substitute the word "Corporation".

Companies Act
(Chapter 308)

In section 54(2)(b) delete the word "conditions" and substitute the word "contributories".

National Insurance Act
(Chapter 350)

(a)
In section 2 in the definition "declared day" delete the words "section 20" and substitute the words "section 21".
(b)
In section 2 in the definition of "industrial benefit" delete the words "section 20" and substitute the words "section 21".
(c)
In section 2 in the definition of "insured person" delete the words "section 20" and substitute the words "section 21".
(d)
In the marginal note of section 19 insert the word "to" immediately after the words "General provisions as".
(e)
In section 52(2) delete the words "section 38" and substitute the words "section 41".
(f)
In section 52(7) delete the words "in offence" and substitute the word "an offence".
(g)
In paragraph 1 of the Third Schedule in the definition of "recognized stock exchange" delete the letter "o" and substitute the word "of".

Bahamas Agricultural and Industrial Corporation Act
(Chapter 358)

(a)
In section 1 delete the word "act" and substitute the word "Act".
(b)
In section 3(2) in the marginal note insert the words "First Schedule".
(c)
In the heading of the Schedule delete the words "(Section 2(2))" and substitute the words "(Section 3(2))".
(d)
In paragraph 7 of the Schedule delete the words "the Minister may be" and substitute the words "the Minister may by".

Financial Corporate Service Providers Act
(Chapter 369)

In section 2 in the definition of the word "licence" delete the words "subsection (4)" and substitute the words "subsection (3)".

Real Property Tax Act
(Chapter 375)

(a)
Repeal section 3(5).
(a)
In section 3 re-number subsections (6), (7), and (8) as subsections (5), (6) and (7) respectively.

Early, Childhood Care Act, 2004
(No 1 of 2004)

In section 2 in the definition of "day care centre" in paragraphs (a) and (c) respectively substitute the words "for no) more" for the words "for more".

Court of Appeal Rules (Sub. Leg. Vol. I pgs. 49 to 109)
(Chapter 52)

(a)
In rule 11(1) delete the words "Appendix C" and substitute the words "Appendix A".
(b)
In rule 14(1) delete the words "Form 4 in Appendix C" and substitute the words "Form 2 in Appendix A".
(c)
In rule 16(1) delete the words "Form 6 in Appendix C" and substitute the words "Form 3 in Appendix A".
(d)
In rule 25(1) delete the words "Form 7 in Appendix C" and substitute the words "Form 4 in Appendix A".
(e)
In rule 31(2) delete the words "Form 8 in Appendix C" and substitute the words "Form 5 in Appendix A".
(f)
In rule 32 delete the words "Form 9 in Appendix C" and substitute the words "Form 6 in Appendix A".
(g)
In rule 36(4) delete the words "Form 10 in Appendix C" and substitute the words "Form 7 in Appendix A".
(h)
In rule 39 delete the words "Form 11 in Appendix C" and substitute the words "Form 8 in Appendix A".

The National Insurance Act (Benefit and Assistance) Regulations (Sub. Leg. Vol. V pgs. 7 - 93)
(Chapter 350)

(a)
Delete the section numbers immediately below the heading and substitute the following section numbers -




"sections 2(1), 16, 21(2) 23, 24, 26, 27, 29, 33, 36, 37, 59, and 62.

(b)
In regulation 2 in the definition of the term "injury benefit period" delete the words "regulation 47" and substitute the words "regulation 48".
(c)
In regulation 26 in the proviso delete the word "benefit" and substitute the word "prevent".
(d)
In regulation 33(1) in the proviso delete the word "he" and substitute the word "the".
(e)
In regulation 36(2) delete the words "regulation 36" and substitute the words "regulation 37".
(f)
In regulation 48 delete the words "regulation 52(1)" and substitute the words "regulation 53(1)".
(g)
In the First Schedule in the heading delete the words "regulation 18(1)" and substitute the words "regulation 17(1)".
(h)
In the Second Schedule delete the words "regulation 15(2)" and substitute the words "regulation 17(2)"

National Insurance (Contributions) Regulations (Sub. Leg. Vol. V pgs. 94 to 125)
(Chapter 350)

(a)
Delete the section numbers appearing immediately below the heading and substitute the following section numbers -

"Sections 12, 15(2), 16, 17, 18, 19, 20, 55, 57(3), 58, 59 and 62.

(b)
In regulation 2 in the definition of "voluntarily insured person" delete the words "regulation 33" and substitute the words "regulation 34".
(c)
In regulation 26(7) delete the words "section 52" and substitute the words "section 55".
(d)
In regulation 47(1) delete the words "section 38" and substitute the words "section 41".
(e)
In paragraph 6 to the Second Schedule delete the words "section 54" and substitute the words "section 57".

National Insurance (Determination of Claims and Questions) Regulations (Sub. Leg. Vol. V Pgs. 128-150)
(Chapter 350)

(a)
Delete the section numbers appearing immediately below the heading and substitute the following section numbers -

"sections 27, 49, 50 and 62".

(b)
In regulation 12(3) delete the words "section 46" and substitute the words "section 49".

National Insurance (Financial and Accounting) Regulations (Sub. Leg. Vol. V pgs. 150-165)
(Chapter 350)

(a)
Delete the section numbers appearing immediately below the heading and substitute the following section numbers -

"sections 44 and 62".

(b)
In regulation 2(1) in the definition of "expenditure" delete the words "section 38" and substitute the words "section 41".
(c)
In regulation 2(1) in the definition of "income" delete the words "section 41" and substitute the words "section 44".
(d)
In regulation 2(1) in the definition of "other securities" delete the words "section 41(6)" and substitute the words "section 44(6)".
(e)
In regulation 4(1)(c) delete the words "section 42" and substitute the words "section 45".
(f)
In regulation 18(2) delete the words "section 42" and substitute the words "section 45".
(g)
In regulation 21(1)(a) delete the words "section 45" and substitute the words "section 48".
(h)
In regulation 21(2) delete the words "section 45" and substitute the words "section 48".
(i)
In regulation 22 delete the words "section 41" and substitute the words "section 44".

National Insurance (Appeals and References) Rules (Sub. Leg. Vol. V pg. 165)
(Chapter 350/)

Delete the words "section 46" immediately below the heading and substitute the words "section 49".

Made the 12th day of May, 2005.

Signed

ALFRED M. SEARS

Attorney General

EXPLANATORY NOTE

This Order seeks to correct a number of clerical and printing errors appearing in miscellaneous written laws.


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