7 of 2018 s. 19; Cap. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (2)Without prejudice to the generality of subsection (1), where a written law confers power(a)to provide for, prohibit, control or regulate any matter, such power includes power to provide for the same by the licensing or registration thereof or the granting of permits and power to prohibit acts whereby the prohibition, control, or regulation of such matter might be evaded;(b)to grant a licence, registration, lease, right, permit, authority, approval, or exemption, such power includes power to impose reasonable conditions subject to which such licence, registration, lease, right, permit, authority, approval or exemption may be granted;(c)to approve any person, matter, or thing, such power includes power to withdraw that approval;(d)to give directions, such power includes power to express the same in the form of prohibitions. Prescription of maximum, minimum daily and cumulative penalties Zambia Where a written law confers a power or imposes a duty, the power may be exercised and the duty shall be performed from time to time as occasion requires.45. <> 11 0 obj Namibia These rules tell us what legal materials to read and how to read them. Ghana then, unless the contrary is expressly provided, that specification indicates that a contravention of the section or subsection, or as the case may be. 8~ZkTZ)}e|6]Z)~"BA-p`Sk6.q%\q6$; kkWYPc [i1%,)|)l;Y"yf?5XK%&Aa`IAK>Z;EC B=*:=bA'#BSTyyQ7)n5hNzo!gM5^TMucW55Mj0G! Imposition of penalty not bar to civil action (2)A reference in subsidiary legislation to "the Act" shall be constructed as a reference to the Act under which the subsidiary legislation is made.40. (5)When a resolution has been passed under subsection (2) or (4), notice of such resolution shall be published in the Gazette within twenty one days of the passing of the resolution. 4 of 1996; 17 of 1996; 7 of 2018; 13 of 2019]. Service of documents by post A written law shall be considered as always speaking and when a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to every part of the law according to its true spirit, intent and meaning.7. }Jc @xXqE[A9#UZoJK|($5#=QZ>/#OnOX~k!2?qDu}ARfQ8a_AinMxIkFA8 Definitions applicable to written laws [Act No. (2)Where any written law is translated from one language into another and published in both languages, then in the case of conflict or doubt as to the meaning of any word or expression, the version of die language in which the law was enacted shall take precedence. Where a date appearing on a copy of an Act printed, or purporting to be printed, by the Government Printer, purports to be the date on which the President assented to such Act or to a portion of it. The Gambia kS /G?\g "47 W}=I"~'dwv'2j7,v!KvIn# Ef Evidence of fiat, sanction or consent of public officer ho0{X6= M*k@E24{Inj<4+Km!aBH6 y \0vp*1|)# FY)-JIRQ*M%auMLf}_BXKreiiO^>~ [X7i\-t O,88[%]7lVoU|oO~2\aI5Ks*]v]!w Aan/iu^~W93>:g(CgM`uu' {:xp 22. Where a written law repeals and re-enacts, with or without modification, any enactment(a)all districts or other local divisions or areas;(b)all councils. Nigeria An Act to consolidate the law relating to the construction, application, interpretation and operation of written laws and to provide for related matters. [Act No. Where no time is fixed or allowed within which an act or thing shall be done, such act or thing shall be done with all convenient speed and as often as due occasion arises.63. (1)In a written law, "month" means a calendar month, that is to say, a month reckoned according to the calendar. The functions of the Director of Public Prosecutions may, in his absence from headquarters office or incapacity to act through illness or otherwise, be exercised by such Law Officer as the Attorney-General may nominate in that behalf. (3)Where in a written law a maximum penalty and a minimum penalty are specified in respect of an offence, the offence is punishable by a penalty not less than that minimum nor greater than that maximum. Mauritius #1 Here's an amazing PDF file containing the handwritten notes on the Law subject - Interpretation of Statutes. An Act may be amended or repealed in the same session of Parliament as that in which it was passed. (1)In a written law, "rules of court" in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court. 29]"Minister" has the meaning given in section 9 of this Act and in addition, includes the Vice President, the Prime Minister; and "the Minister" means the Minister responsible for the matter in question and includes the Deputy Minister for the time being performing the functions of that Minister or, if there is no minister responsible for the matter in question, means the President:"minor" means a person who has not attained the apparent age of eighteen years and the terms "infant" and "infant child" shall be construed accordingly;"month" means a calendar month unless words be added showing a lunar month is intended; where a month is expressed as beginning, or is required to be reckoned as beginning, on a date other than the first day of any month, the month shall be deemed to expire immediately before the commencement of the corresponding date in the next following month, whether the period so encompassed is of a longer or shorter period than thirty days;"native" means any member of an African race;"oath" and "affidavit", in the case of persons required or allowed to affirm or declare instead of swearing, include affirmation and declaration, and "swear", in the like case, includes "affirm" and "declare";"Ordinance" includes any Ordinance or any laws, Proclamations or other Legislative Acts issued, made or done before the date of the Tanganyika Order in Council, 1920, and validated by the said Order in Council, and any subsidiary legislation made and in force under an Ordinance, and (save in the definitions "Act" and "Parliament" in this section) includes an Act of Parliament and subsidiary legislation made under such Act;"Parliament"(a)in an Ordinance, or a public document made or issued before the ninth day of December, 1961, means the Parliament of the United Kingdom and "Imperial Parliament" has the same meaning;(b)in an Act of the Parliament of Tanganyika or of the United Republic, or a public document made or issued after the eighth day of December, 1961, or in an Act of the Constituent Assembly of Tanganyika, means the Parliament of the United Republic and when used in the expression "Act of Parliament" includes a reference to the Constituent Assembly of Tanganyika;"perform" in relation to functions, includes the exercise of a power, responsibility, authority, or jurisdiction;"Permanent Secretary" means a person appointed by the President to be a Permanent Secretary, and reference in any Act to Principal Secretary shall be construed as reference to Permanent Secretary;"person" means any word or expression descriptive of a person and includes a public body, company, or association or body of persons, corporate or unincorporated;"police officer" means any member of the Police Force of and above the rank of constable as defined in the Police Force and Auxiliary Services Act;[Cap. Construction of power to extend time A reference in a written law by number, letter or by number and letter to two or more portions of a written law shall be construed as including the portion described by the reference first mentioned and the portion described by the reference last mentioned.11. <> (1)Where in a written law a penalty is specified in respect of an offence, that penalty is the maximum penalty that may be imposed for that offence. (3)Where a power to make an instrument of a legislative or administrative character, or to give or serve a notice or other document, is exercised as provided in subsection (1) or in subsection (2), that instrument, notice, or document shall take effect(a)on the day on which the provision referred to in subsection (1) or, as the case may be, the provision first mentioned in subsection (2) commences; or(b)on the day on which it would have taken effect, if at the time when the instrument was made or the notice or document was given or served, the provision so mentioned or first mentioned had commenced,whichever is the later. (2)The delegation of a power shall be deemed to include the delegation of any incidental or connected duty and the delegation of a duty shall be deemed to include the delegation of any incidental or connected power. Legal Interpretation of Tax Law is a comprehensive multi-jurisdiction survey of the interpretation of the corporate income tax and VAT and GST or other general sales tax laws. (1)Subsidiary legislation shall not be inconsistent with the provisions of the written law under which it is made, or of any Act, and subsidiary legislation shall be void to the extent of any such inconsistency.  YGd{ChJka\/] b_YXa8mr!{Pi|'nYY%}d?~$ ft] ;e-x#I3 Western Somoa rules of interpretation in law. any such provision either unconditionally or subject to any specified condition. (2)Where(a)a provision of an Act does not commence on the passing of the Act and the provision would, if it had commenced, amend another Act; and(b)a provision of that other Act would, if the first-mentioned provision had commenced, confer power to:(i)make an instrument of a legislative or administrative character;(ii)give or serve a notice or other document;(iii)appoint a person to a specified office;(iv)establish a specified body of persons whether incorporate or not; or(v)do any other thing for the purposes of that other Act,then the power may, notwithstanding that the first-mentioned provisions has not commenced, but subject to subsections (3) and (4), be exercised at any time after the passing of the Act in which the first-mentioned provision is contained to the extent that it is necessary or expedient for the purpose of giving full effect to that other Act, or provisions of that other Act, when or after the first-mentioned provision commences. Namibia Exercise of DDPs functions in his absence Disjunctive construction of "or" Every section of an Act shall take effect as a substantive enactment without introductory words.24. Measurement of distance (4)Where a power to appoint a person to a specified office, or to establish a specified body of persons, is exercised as provided in subsection (1) or subsection (2), the person so appointed may act in that office, or, as the case may be, the body so established may meet and perform and exercise its functions, duties, and powers, but only for purposes referred to in subsection (1) or (2) (whichever of those subsection is applicable); and for the purposes of any provision as to the duration of the term is deemed not to begin until the relevant provision referred to in subsection (1) or (2), as the case may be, commences. A provision in any Act which constitutes an offence shall, unless a contrary intention appears, be deemed to provide also that an attempt to commit such offence shall be an offence under such provision, punishable as if the offence itself had been committed.76. Salmond- "The process by which the court seeks to determine the meaning of legislature through the medium of authoritative forms during which it's expressed.". Cyprus 13 0 obj Service of documents by post Where a written law confers a power or imposes a duty upon a person to do any act or thing of an administrative or executive character or to make any appointment, the power or duty may be exercised or performed as often as is necessary to correct any error or omission in any previous purported exercise or performance of the power or duty, notwithstanding that the power or duty is not in general capable of being exercised or performed from time to time.52. (1)In a written law, "rules of court" in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court. (4)In sections 13, 15, 19, 20, 22, 23, 24, 33, 36(6), 43, 46, or 62 a reference to any Act, written law, enactment or subsidiary legislation passed or made after the commencement of this Act shall be construed so as not to include any enactment which continues or directly amends, but does not repeal entirely, the text of an existing written law.3. In the measurement of any distance for the purposes of a written law, the distance shall be measured in a straight line on a horizontal plane.Part IX Procedures and penalties (5)Where in a written law a penalty specified in respect of an offence is referred to as being a daily penalty, that reference indicates that a penalty not exceeding that daily penalty may, in addition to any other penalty that may be imposed in respect of the offence, be imposed for each day or part of a day during which the offence continues.75. Short title United Kingdom (1)Where in a written law a time is fixed or allowed for doing any act or thing or taking any proceeding and power is given to a court or other authority to extend that time, such power may be exercised by the court or other authority although the application for an extension is not made until after the expiration of the time fixed or allowed. Construction of subsidiary legislation Where a written law repeals and re-enacts, with or without modification, any enactment(a)all districts or other local divisions or areas;(b)all councils. 27. [Act No. Imposition of penalty not bar to civil action Schedule (Section 4) when any event happens or ceases to happen; in respect of certain persons or classes of, in respect of any combination of such matters, transactions, documents, events, or persons, and may be expressed to apply or to be applicable subject to such conditions as may be specified in the, Without prejudice to the generality of subsection (1), where a, to provide for, prohibit, control or regulate any matter, such, to grant a licence, registration, lease, right, permit, authority, approval, or exemption, such, Nothing in this section shall affect any right which may be conferred by any, For the purposes of paragraph (b) of subsection (1), "cause" includes, Nothing in this section affects the tenure of office or position of any, be a member of any board, tribunal, commission, committee, council, or other similar body, whether corporate or unincorporated; or. Literal rule of interpretation: The literal rule of interpretation is one of the foremost methods of judicial interpretation. law), property law, and contracts as well as the litigation process and public enforcement of law. (1)This Act shall apply to Mainland Tanzania as well as to Tanzania Zanzibar in relation to all laws which apply throughout the United Republic. (1)The language of the laws of Tanzania shall be English or Kiswahili or both. IOS2601 ASS NO - assignments are important as they help us prepare for our eamination for final. (2)Nothing in this section shall affect any right which may be conferred by any written law upon a person to appeal against a refusal to issue, grant, give or renew any licence, registration, lease, right, authority, approval, permit, or exemption.48. Application of penal laws to bodies corporate endobj Fees and charges Language of laws of Tanzania 6 The meaning of an ordinary word of the English language is not a question of law. 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