Interpretation Act, 2009
Act 792
ARRANGEMENT OF SECTIONS
Section
Pecuniary
value of a penalty unitProcedures
of Courts
28.Rules
of procedure of COUlts and
tribunals
29.Service
of documents
30.Deviation
in forms
31.Oaths,
affirmations and declarations
Repeals
32.Cessation
of operation of enactments
33.Repeals
and revocations
34.Effect
of repeal
35.Effect
of substituting enactment
Enactment
always speaking
36.Enactment
always speaking
37.Expressions
in statutory instruments
Application of definitions
38.Application
of interpretation provisions
39.Parts
of speech
40.Names
commonly used
41.Rules
as to number and gender
42.Construction
of shall and may
43.Distances
44.Time
45.Statutory
boards
46.Definitions
47.Assignment
of Ministerial responsibilities
Delegation
48.Delegation
of functions
49.Signification
of delegation
50.Instruments
under the Public Seal
51.Citation
of Acts
52.Repeals
ACT 792
ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF
GHANA
ENTITLED
INTERPRETATION ACT, 2009
AN ACT to
revise and consolidate the law
relating to the operation,
construction and interpretation
of enactments and for related
matters.
DATE OF ASSENT: 31stDecembel;
2009.
ENACTED by
the President and Parliament
Interpretation
Meaning of
certain expressions
1. In
this Act, unless the context
otherwise requires, "Act" means
an Act of Parliament;
"assent"
means the assent of the
President under article 1 07 of
the Constitution;
"common law"
has the meaning assigned to it
by article 11
of the
Constitution;
"Constitution" means the
Constitution of the Republic;
"Court" means
a court of competent
jurisdiction;
"constitutional instrument"
means an instrument made
pursuant to a power conferred in
that behalf by the Constitution;
"enact"
includes to issue, make or
establish;
"enactment"
means an Act of Parliament, or a
statutory instrument, or a
constitutional instrument, or a
provision of an Act of
Parliament, or of a
constitutional instrument, or of
a statutory instrument;
"executive
instrument" means
(a) an
instrument specified by an Act
of Parliament as an executive
instrument, or
(b) a
statutory instrument which is of
an administrative character or
of an executive character and is
not an instrument
(i) of a
judicial character, or
(ii) of a
legislative character;
"instrument"
includes a notice, Rules,
Regulations, By-Laws or a
Proclamation, an order, or a
warrant, other than an order
made, or a warrant issued, by a
Court;
"legislative
instrument" means a statutory
instrument that is legislative
in character;
"President"
means the President of the
Republic;
"private Act"
means an Act for the purpose of
affecting or benefiting a
particular person;
"statutory
instrument" means an instrument
made, whether directly or
indirectly, under a power
conferred by an Act of
Parliament;
"statutory
document" means a document
issued under an Act,
other than a statutory
instrument or an order of a
Court.
Application of this Act
2. (1)
This Act applies to an enactment
whether enacted before or after
the coming into force of this
Act, to a legislative measure
continued in force by the
Constitution, and an instrument
made directly or indirectly
under an enactment unless a
contrary intention appears in
that enactment, measure or
instrument.
(2) This
Act applies to this Act and
to an enactment specified in
subsection (1) and references in
this Act to an enactment so
passed shall be construed
accordingly.
Application of rules of
construction
3. This Act
shall not be construed as
excluding the application to an
enactment of a rule of
interpretation or construction
applicable to that enactment and
not inconsistent with this Act.
Words of
enactment
4. (1) The
words of enactment shall follow
the preamble where there is one,
and after the long title to the
Act, and the several sections
within the body of the Act shall
follow in a concise and
enunciative form.
(2) In a
Bill presented to the President
for the assent, the words of
enactment shall be,
"Passed
by Parliament and assented to by
the President".
Public and
Private Acts
Public
Acts
5. (1) An Act
is a public Act and shall be
judicially noticed as a public
Act; unless the contrary is
expressly provided by the Act.
(2) An Act
shall bear at the head a Short
Title immediately followed by
the Long Title describing the
scope of the Act.
(3) As soon
as a Bill is passed by
Parliament, the text of the Bill
as passed shall be sent by the
Clerk of Parliament to the
Government Printer, who shall
print four copies of the Bill on
vellum paper or on paper of
enduring quality and send the
copies to the Clerk.
(4) On
receiving the copies, the Clerk
shall carefully compare them
with the text of the Bill as
passed and if the Clerk finds
the copies to be correct, shall
sign on each copy a statement in
the form set out in the First
Schedule, and shall send the
copies so authenticated to the
President for the assent.
(5) Where the
Bill was passed in accordance
with the relevant provisions of
article 108 of the Constitution,
the Clerk shall, before causing
the copies to be presented to
the President, submit them to
the Speaker who, if satisfied
that the Bill was passed in
accordance with the Constitution
shall sign on each copy a
certificate in the Form set out
in the First Schedule.
(6) After the
assent, the Clerk shall enter on
the copies the appropriate
number of the Act.
(7) Acts
shall continue to be numbered
consecutively from the
establishment of the First
Republic in accordance with the
order in which they became Acts,
and the numbering shall not
begin afresh at the commencement
of a calendar year, a new
Parliament or any other period.
(8) Each of
the copies as assented to by the
President constitutes an
original copy of the Act and
shall be conclusive evidence of
the terms of the Act, its
number and the date of assent.
(9) The
original copy of the Act shall
be kept respectively by the
President, the Speaker, the
Chief Justice and the National
Archives.
(10) A copy
of an Act, other than an
original copy, purporting to
have been printed or published
by the Government Printer, is
prima facie evidence of the
terms of the Act, its number and
the date of assent.
Provisions
in private Acts
6. A
provision in a private Act does
not affect the rights of a
person not specifically
mentioned in the private Act.
Application of enactments
7. An
enactment shall, unless the
contrary intention appears,
apply to the whole of the
Republic.
References
to the President, Republic
8. (1)
A reference in an enactment to
the President shall be construed
as a reference to the President
for the time being in office.
(2) An
enactment does not bind or in
any manner affect the Republic
or the rights and prerogatives
of the Republic unless it is
expressly stated in the
enactment that the Republic is
bound by it.
(3)
This Act binds the Republic.
(4) A
private Act shall be construed
as containing a saving of the
rights of the Republic.
Substantive enactments
9. A
provision of an enactment has
effect as a substantive
enactment without introductory
words.
Aids to
construction
Aids to
interpretation or construction
10.
(1) Where a Court is concerned
with ascertaining the meaning of
an enactment, the Court may
consider
(a)
the indications provided by the
enactment as printed, published
and distributed by the
Government Printer;
(b) a
report of a Commission,
committee or any other body
appointed by the Government or
authorised by Parliament, which
has been presented to the
Government or laid before
Parliament as well as Government
White Paper;
(c) a
relevant treaty, agreement,
convention or any other
international instrument which
has been ratified by Parliament
or is referred to in the
enactment of which copies have
been presented to Parliament or
where the Government is a
signatory to the treaty or the
other international agreement;
and the travaux preparatoires
or preparatory work relating
to the treaty or the agreement,
and
(d) an
agreement which is declared by
the enactment to be a relevant
document for the purposes of
that enactment.
(2)
A Court may, where it considers
the language of an enactment to
be ambiguous or obscure, take
cognisance of
(a)
the legislative antecedents of
the enactment;
(b)
the explanatory memorandum as
required by article 106 of the
Constitution and the arrangement
of sections which accompanied
the Bill;
(c)
pre-parliamentary materials
relating to the enactment;
(d) a
text-book, or any other work of
reference, a report or a
memorandum published by
authority in reference to the
enactment, and the papers laid
before Parliament in reference
to the enactment;
(e)
the parliamentary debates prior
to the passing of the Bill in
Parliament.
(3) Subject
to article 115 of the
Constitution, a Court shall have
recourse to parliamentary
debates under subsection (2),
where the legislative intention
behind the ambiguous or obscure
words is clearly disclosed in
the parliamentary debate.
(4) Without
prejudice to any other provision
of this section, a Court shall
construe or interprete a
provision of the Constitution or
any other law in a manner
(a)
that promotes the rule of law
and the values of good
governance,
(b)
that advances human rights and
fundamental freedoms,
(c)
that permits the creative
development of the provisions of
the Constitution and the laws of
Ghana, and
(d)
that avoids technicalities and
recourse to niceties of form and
language which defeat the
purpose and spirit of the
Constitution and of the laws of
Ghana.
References
in enactments
11.
(1) A reference in an enactment
to any other enactment shall be
construed as a reference to that
other enactment as amended by or
under any other enactment,
including the enactment in which
the reference is made.
(2) A
reference in an enactment to a
statute of general application
or to an instrument made under
that statute, shall be construed
as a reference to that statute
or instrument as it applies to
the Republic; and that statute
or instrument shall be read with
the requisite alteration,
modification or adaptation so as
to make that statute or
instrument applicable to the
circumstances.
(3) Where in
an enactment reference is made
to a provision of a statute of
general application and that
provision is subsequently
repealed and re-enacted without
substantial modification that
reference shall, if the context
so requires, be construed as a
reference to the provision as so
re-enacted.
(4) A
reference in an enactment by
number or letter to a Chapter,
Part, section, subsection,
paragraph, sub-paragraph or
other division of any other
enactment or a statute of
general application shall be
construed as a reference to
that Chapter, Part, section,
subsection, paragraph,
sub-paragraph or other division
of that other enactment or
statute as printed by authority.
(5) A
reference in an enactment by
number or letter to two or more
Chapters, Parts, divisions,
sections, subsections,
paragraphs, sub-paragraphs,
Schedules, instruments or forms
shall be construed as including
the number or letter first
mentioned and the number or
letter last mentioned.
(6) Where in
an enactment reference is made
to a Chapter, Part, division,
section, Schedule or form
without anything in the context
to indicate that a reference to
a Chapter, Part, division,
section, Schedule or form of
some other enactment is
intended, the reference shall be
construed as a reference to the
Chapter, Part, division,
section, Schedule or form of the
enactment in which the reference
is made.
(7) Where in
a section of an enactment
reference is made to a
subsection, paragraph,
sub-paragraph or other division
without anything in the context
to indicate that a reference to
a subsection, paragraph,
subparagraph or other division
of some other section or
provision is intended, the
reference shall be construed as
a reference to the subsection,
paragraph, sub-paragraph or
other division of the section in
which the reference is made.
(8) Where in
a Schedule or part of a Schedule
to an enactment reference is
made to a paragraph,
sub-paragraph or other division
without anything in the context
to indicate that a reference to
a paragraph, sub-paragraph or
other division of some other
enactment or division is
intended, the reference shall be
construed as a reference to the
paragraph, sub-paragraph or
other division of the Schedule
or the part of the Schedule in
which the reference is made.
(9) Where in
an enactment reference is made
to a statutory instrument or a
statutory document, without
anything in the context to
indicate that a reference to a
statutory instrument or a
statutory document made under
some other enactment is
intended, the reference shall be
construed as a reference to the
statutory instrument or the
statutory document made under
the enactment in which the
reference is made.
(10) A
reference in an enactment to a
power exercisable, or to a
statutory instrument or a
statutory document made or
issued or an act or a thing
done, under an enactment or a
statute of general application,
shall include a reference to a
power exercisable, a statutory
instrument or a statutory
document made or issued or an
act or a thing done, by virtue
of that enactment or statute or
of a statutory instrument or of
a statutory document made or
issued under or by virtue of
that enactment or statute.
Amending
provisions
12.
(1) An Act may be amended,
altered or repealed in the same
session of Parliament.
(2) An
amending enactment shall, so far
as consistent with its tenor,
operate and be construed as part
of the enactment which it amends
and, without prejudice to
subsection (1) of section 11
shall, as from the date on which
it comes into operation, have
effect accordingly for the
purpose of the construction and
operation of any other enactment
which refers to, or is
incorporated with, the enactment
which it amends.
(3) A
reference in an enactment to any
other enactment shall be
construed as a reference to the
other enactment as amended by a
provision, including a provision
contained in the enactment in
which the reference is made or
in a later enactment.
(4) Where an
enactment is repealed or revoked
and another enactment is
substituted by way of amendment,
revision or consolidation, a
reference to the repealed or
revoked enactment shall be
construed as a reference to the
substituted enactment.
(5) Where an
enactment applies another
enactment, whether with or
without modification, and the
applied enactment is
subsequently repealed or revoked
the applied enactment shall
continue to apply according to
the terms of the enactment which
applies it, despite the repeal
or the revocation.
(6) Where an
enactment is amended, the
Attorney-General ma authorise
the reprinting or the revision
of the enactment as amended i so
far as the reprinting or the
revision does not affect the
matter (substance of the
enactment as amended.
(7) Where an
enactment is reprinted or
revised under sub section (6) a
copy of the enactment as so
reprinted or revised shall have
the for of law effective from
the date of the reprinting or
revision if
(a)
the date of the reprinting or
revision is set out on the copy
and
(b)
the copy purports to be printed
by the Government Printer
Operation
of enactments
Long title
and preamble
13.
The long title and the preamble
form part of an Act intended to
assist in explaining the intent
and object of the Act.
Punctuation
14.
Punctuation forms part of an
enactment and may be used as
aid to its construction.
Headings
15.
Titles placed at the head or
beginning of a subdivision' of
an enactment and notes and
references placed before the
beginning of a provision are
intended for convenience of
reference only but may be as an
aid to construction of the
enactment.
Descriptive words
16.
Words in an enactment
descriptive of another enactment
are intended for convenience of
reference only and shall not be
used as an aid to the
construction of the enactment to
which they refer.
Date of
commencement of enactments
17.
(1) The date of the commencement
or coming into force of an Act
is the date in accordance with
clause (11) of article 106 of
the Constitution on which it is
published in the Gazette
or as otherwise specified in the
Act.
(2) The day,
month and year of the assent
shall be inscribed on an Act and
that inscription is part of the
Act.
(3) The date
of the making of a statutory
instrument is the date expressed
as the date of the making of the
instrument, but where the
instrument is made by two or
more authorities jointly and is
expressed to have been made by
those authorities on different
dates, the date of the making of
the instrument is the last date
so expressed.
(4) Where a
statutory instrument made by an
authority or a person requires
the concurrence or approval of
any other authority or person,
the concurrence or approval
shall be formally inscribed on
the instrument.
Publication and Commencement
18.
(1) An enactment shall be
published in the Gazette
and subject to section 17, and
unless the enactment otherwise
provides, shall take effect and
come into operation on the date
of the publication.
(2) Where an
enactment is expressed to come
into force or operation on a
particular day, or where the
enactment is a statutory
instrument, on the making of the
instrument, and whether that day
is named in the enactment or is
to be appointed or fixed or
ascertained in any other manner,
the enactment shall be construed
as coming into force immediately
on the expiration of the day
before that particular day.
(3) Where an
Act provides
(a)
that it is to come into force or
operation on a day or date to be
fixed or determined, or
appointed by Proclamation, or
other statutory instrument; or
(b)
that it is not to come into
force or operation until a day
or date to be so fixed,
determined or appointed,
that
Proclamation or other statutory
instrument
(c)
may apply to the whole of, or to
a provision of, the Act, and may
be issued at different times in
respect of that provision, or
(d) may specify different
dates in respect of different
provisions of the Act.
(4) The date
of the publication in the
Gazette of an enactment or
any other instrument shall be
inscribed at the end of the
enactment or instrument.
Expiration
of enactments
19.
(1) Where an enactment is
expressed to expire or otherwise
cease to have effect on a
particular day, the enactment
shall, except as provided by
subsection (2), be construed as
ceasing to have effect
immediately on the expiration of
that day.
(2) Where a
Bill is introduced in a session
of Parliament for the
continuation of an Act limited
to expire in that session and
the Act expires before the Bill
receives in that session the
assent and is published in the
Gazette, then, subject to
subsection (3), that Act shall
be deemed to have continued as
fully and effectively in
operation as if the Bill had
received the assent and been
published in the Gazette
before the Act expired.
(3)
Subsection (2) shall not operate
so as to render a person liable
under the provisions of an Act
which has expired to a penalty
or forfeiture by reason of an
act done by that person before
the date on which the Bill for
the continuance of that Act
receives the assent and is
published in the Gazette.
Exercise
of powers before commencement
20.
Where an enactment is not in
force and it contains provisions
conferring power to make
Regulations or to do any other
thing, that power may, for the
purpose of making the enactment
effective on its commencement,
be exercised at any time before
its commencement but Regulations
so made or a thing so done does
not have an effect until the
commencement of the enactment,
except in so far as may be
necessary to make the enactment
effective on its commencement.
Statutory
functions
21.
(1) Where an enactment confers a
power or imposes a duty, the
power may be exercised and the
duty shall be performed, as
occasion requires.
(2) Where an
enactment confers a power to
make a statutory instrument,
the power shall be construed as
including a power, exercisable
in the like manner and subject
to the like consent and
conditions, to amend, alter,
rescind, or revoke that
statutory instrument and to make
other statutory instruments.
(3) Where a
power is given to a person or an
authority to do an act or a
thing, or enforce the doing of
an act or a thing, that power
includes any other powers that
are reasonably necessary to
enable that person or authority
to do that act or thing, or
enforce the doing of that act or
thing, or are incidental to the
doing or enforcement of that act
or thing. .
(4) Where an
enactment authorises or requires
an act or a thing to be done
collectively by more than three
persons, a majority of those
persons may do that act or
thing, unless a quorum is fixed
by that or any other enactment.
(5) A power
conferred by an enactment to
make a statutory instrument or
issue a statutory document may
be exercised
(a)
either in relation to the cases
to which the power extends, or
in relation to those cases
subject to specified exceptions,
or in relation to any specified
cases or classes of case; and
(b) so
as to make, as respects the
cases in relation to which it is
exercised,
(i) the full
provision to which the power
extends or a less provision,
whether by way of exception or
otherwise;
(ii) the same
provision for the cases in
relation to which the power is
exercised, or different
provision for different cases or
classes of case, or different
provision as respects the same
case or class of case for
different purposes of the
enactment;
(iii) any
other provision either
unconditionally or subject to a
specified condition.
(6) Where an
enactment confers a power on a
person or an authority to make a
statutory instrument, for a
general purpose and also for a
special purpose incidental to
that power, the enumeration of
the special purposes shall not
be construed as derogating from
the generality of the power
conferred with respect to the
general purpose.
(7) Where an
enactment confers a power to
make a statutory instrument that
power includes a power to
provide
(a) a
punishment by way of a fine or a
term of imprisonment or both or
to community service for a
contravention of a provision of
that statutory instrument;
(b)
that an offence against a
provision of that statutory
instrument may be tried
summarily.
(8) A
statutory instrument may be made
(a) by
one authority under two or more
separate powers;
(b) by
two or more authorities jointly
under one or more separate
powers vested in each or them.
(9) One
statutory instrument may be made
under powers variously expressed
as powers to make Rules,
Regulations or any other
different descriptions of
legislative instrument or under
powers variously expressed as
powers to make orders, or give
directions or any other
different descriptions of
executive instrument, and the
provisions of the instrument may
be described as being of one of
those descriptions.
(10)
Subsection (11) shall apply in
relation to a power expressed
merely as a power to make a
legislative instrument or an
executive instrument as it
applies in relation to a power
expressed as a power to make a
particular description of
legislative instrument or
executive instrument.
(11)
Subsections (8), (9) and (10) do
not authorise the making of a
legislative instrument partly
under a power to make an
executive instrument or the
making of an executive
instrument partly under a power
to make a legislative
instrument.
Errors and
omissions
22.
(1) Where an enactment confers a
power or imposes a duty on a
person to do an act or a thing
of an administrative or
executive character or to make
an appointment, the power or
duty may be exercised or
performed in order to correct an
error or omission in a previous
exercise of the power or the
performance of the duty.
(2) The
substantive rights of, or the
procedures for redress by, a
person who has suffered loss or
damage or is otherwise aggrieved
as a result of an omission or
error corrected as is referred
to in subsection (1) shall not
be affected as a result of the
correction of that omission or
error and an investigation, a
legal proceeding or a remedy in
respect of a right, a privilege,
an obligation or a liability
shall continue as if the
omission or error had not been
corrected.
Provisions
as to holders of offices
23.
(1) Words in an enactment which
authorise the appointment of a
person to an office confer, in
addition, on the authority in
whom the power is vested,
(a) a
power, at the discretion of the
authority, to remove or suspend
that person;
(b)
a power, exercisable in the
manner and subject to the like
consent and conditions
applicable to the appointment,
(i) to
reappoint or reinstate that
person,
(ii) to
appoint any other person,
whether substantively or in an
acting capacity, and judicially
noticed, and shall authenticate
a document to which it is
affixed and attested in
accordance with the law
applicable to the attestation of
documents;
(iii) the
right to acquire and hold real
or personal property for the
purposes for which the
corporation is constituted and
to dispose of or charge that
property;
(iv) the
right to regulate its own
procedure and business; and
(v) the
right, subject to article 195 of
the Constitution, to employ the
necessary staff for the
performance of its functions;
(b) to
vest in a majority of the
members of that body corporate
the power, subject to a quorum
fixed by the enactment under
which it is established or by
the relevant regulations or
rules to bind the other members
of that body corporate, but in
an important matter or question
which has financial
implications the quorum shall
not be less than two-thirds of
the members of the governing
body of that body corporate; and
(c) to
exempt from personal liability
for the debts, obligations or
acts of that body which are not
offences committed by that body
corporate, the members who do
not contravene the provisions of
the enactment under which that
body is established.
(2)
Subsection (1) is subject to the
operation of article 88 of the
Constitution and does not
(a)
prevent additional powers being
conferred by an enactment on
that body; or
(b)
prevent the powers conferred by
the subsection being limited by
an enactment; or
(c)
prejudice or affect the
liability of a member of that
body to be surcharged with the
payment of an amount which may
be disallowed in the accounts of
that body by an auditor whether
acting in pursuance of an
enactment or otherwise.
Offences
and penalties
25.
(1) Where an act or omission
constitutes an offence under two
or more enactments or under an
enactment or at common law, the
offender is liable to be
prosecuted and punished under
either or any of those
enactments or at common law, but
shall not be punished twice for
the same offence.
(2) Where an
offence under an enactment is
committed by a body corporate,
and the body corporate is
convicted, the director, the
general manager, the secretary
or any other senior officer of
that body corporate shall be
deemed to have also committed
that offence.
(3) A person
shall not be convicted of an
offence pursuant to subsection
(2) where it is proved to the
satisfaction of the Court that,
having regard to the nature of
the offence,
(a)
that person did not consent to,
or did not connive at, the
commission of the offence, or
(b)
that person did exercise the
degree of reasonable diligence
as ought in the circumstances to
have been exercised to prevent
the commission of the offence.
(4) For the
purposes of subsections (2) and
(3), a body corporate includes a
firm or partnership and those
subsections shall be construed
accordingly in the case of a
firm or a partnership.
(5)
Subsections (2) and (3) shall
not operate so as to affect the
liability of the members of the
body corporate.
(6) A person
shall not be charged under
subsection (2) except with the
prior consent in writing of the
Attorney-General.
(7) An
enactment creating criminal
liability for an act or omission
which, apart from that
enactment, would give rise to a
civil liability shall not
operate to prejudice the civil
liability.
(8)
Subsection (7) shall not be
construed as excluding the
application of a rule of law
which restricts the right to
take civil proceedings in
respect of an act or omission
which constitutes a criminal
offence.
(9) Where an
enactment provides a punishment
for an offence against the
enactment, the offence is
punishable by a punishment not
exceeding that provided in the
enactment.
(10) Where an
enactment creates an offence, an
attempt to commit that offence
is an offence under the
enactment and the attempt is
punishable as if the offence
itself had been committed.
(11) Where
under an enactment an animal or
a thing
(a) is
or is ordered by a competent
authority to be confiscated or
forfeited, the forfeiture sha1l
be to the Republic;
(b)
ordered or deemed to be
forfeited is sold, the net
proceeds of the sale shall be
paid into and form part of the
Consolidated Fund.
(12)
Subsection (11) shall not
prejudice an enactment under
which the whole or a part of a
forfeiture or the proceeds of a
forfeiture is, or are,
recoverable by a person or may
be granted by an authority to a
person.
(13) A fine
or pecuniary penalty imposed by
or under an enactment shall be
paid into the Consolidated Fund
in accordance with article 160
of the Constitution.
(14) Where in
an enactment an offence is
declared to be triable on
indictment or summarily, the
procedure in respect of the
trial, the punishment for the
offence, the recovery of the
penalty and the matters
incidental to, or arising out of
the trial and punishment of the
offence or the recovery of the
penalty, shall be in accordance
with the law relating to the
trial of offences on indictment
or the trial of summary
offences.
(15) Where in
an enactment an offence is
provided and a provision is not
made as to whether the offence
is triable summarily or on
indictment the offence shall be
triable summarily.
Fines
expressed as penalty units
26.
The imposition of a fine as a
penalty for the contravention of
a provision in the enactment,
shall be expressed in terms of a
number of penalty units.
Pecuniary
value of a penalty unit
27.
(1) For the purposes of section
26 one penalty unit is
equivalent to the amount of
cedis specified in the Second
Schedule.
(2) The
Attorney-General may, by
legislative instrument, amend
the Schedule.
Procedures
of Courts Rules of
procedure of courts and
tribunals
28.
(1) Subject to clause (2) of
article 157 of the Constitution,
where an enactment confers
jurisdiction on a Court or a
tribunal or extends or varies
that jurisdiction, the authority
having power to make
Regulations, Rules or Orders
regulating the practice and
procedure of that Court or
tribunal may make the
Regulations, Rules or Orders
that appear to the authority to
be necessary for regulating the
practice and procedure of that
Court or tribunal in the
exercise of the jurisdiction so
conferred, extended or varied,
and it shall not be necessary
for any other enactment to
confer power on the authority to
make Regulations, Rules or
Orders for these purposes.
(2) An
authority empowered to make
Regulations, Rules or Orders
regulating the practice and
procedure of a Court or a
tribunal shall not, in the
exercise of that power, make
without the concurrence of the
Minister responsible for Finance
an order which
(a)
directs money to be paid out of,
or into the Consolidated Fund,
or
(b)
prescribes or alters cou11 fees.
(3) The
validity of Regulations, Rules
or Orders made pursuant to
subsection (1) shall not in
proceedings in a Court or a
tribunal be impugned by the
Court or the tribunal or by a
pa11y to the proceedings on the
ground only that the concurrence
of the Minister responsible for
Finance has not been given or is
not expressed to have been
given.
Service of
documents
29.
(1) Where an enactment
authorises or requires a
document to be served by post
that document shall be sent by
registered post to the person on
whom the document is to be
served at that person's last
known place of abode or
business.
(2) Where an
enactment authorises or requires
a document to be served on a
person without directing it to
be served in a particular manner
the service of that document may
be effected
(a) by
personal service; or
(b) by
post in accordance with
subsection (1); or
(c) by
leaving it with an adult person
at that person's usual or last
known place of abode,
occupation, vocation or
business; or
(d) in
the case of a corporate body or
of an association of persons,
whether incorporated or not, by
delivering it to the secretary
or clerk of the body corporate
or association at the registered
or principal office of the body
corporate or association or
serving it by post on the
secretary or clerk at that
office; or
(e)
where it is not practicable
after reasonable enquiry to
ascertain the name or address of
an owner, a lessee, or an
occupier of premises on whom the
document ought to be served, by
addressing the document to that
person by the description of
"owner" or "lessee" or
"occupier" of the premises
(naming them) to which the
document relates, and .
(i) by
delivering it to an adult person
on the premises,
or
(ii) by
affixing it, or a copy of it, to
a conspicuous part of the
premises if an adult person is
not on the premises to whom it
can be delivered.
Deviation
in forms
30.
Where a form is prescribed or
specified by an enactment,
deviations from that form not
materially affecting the
substance and not calculated to
mislead shall not invalidate the
form used.
Oaths,
affirmations and declarations
31.
(1) Where an enactment
authorises or requires evidence
to be taken on oath, or
authorises or directs an oath to
be made, taken or administered,
the oath may be administered,
and a certificate or
acknowledgement of it having
been made, taken or administered
may be given by a person
authorised by the enactment to
take the evidence or by a judge
of a Court or a notary public,
or a commissioner for oaths or a
person so authorised by any
other enactment.
(2) In an
enactment the word "oath" or
"affidavit" includes an
affirmation or a declaration.
(3) A
reference in an enactment to a
statutory declaration shall be
construed as a reference to a
declaration made
(a) by
virtue of the enactment relating
to statutory declarations; or
(b)
under the enactment relating to
the taking of evidence where the
declaration is made before the
appropriate competent authority.
(4) A power
conferred by an enactment upon a
person to administer an oath or
an affirmation, or to take an
affidavit or a declaration, may
be exercised by a notary public
or a commissioner for oaths.
(5) Where by
an enactment power is conferred
to require evidence to be given
on oath otherwise than in a
Court, the power includes a
power to administer an oath or
take an affidavit or statutory
declaration.
Repeals
Cessation of operation of
enactments
32.
Where in an enactment it is
declared that the whole or a
part of any other enactment is
to cease to have effect, that
other enactment shall be deemed
to have been repealed to the
extent to which it is so
declared to cease to have
effect.
Repeals
and revocations
33.
The repeal or revocation of an
enactment which provides for a
textual insertion in any other
enactment or amends any other
enactment by operation of law
shall not affect the insertion
or amendment and the text of the
altered enactment shall continue
to stand as altered despite the
repeal or revocation.
Effect of
repeal
34.
(1) Where an enactment repeals
or revokes an enactment, the
repeal or revocation shall not,
except as in this section
otherwise provided,
(a)
revive an enactment or a thing
not in force or existing at the
time at which the repeal or
revocation takes effect;
(b)
affect the previous operation of
the enactment that is repealed
or revoked, or anything duly
done or suffered under the
enactment;
(c)
affect a right, a privilege, an
obligation or a liability
acquired, accrued or incurred
under the enactment that is
repealed or revoked;
(d)
affect an offence committed
against the enactment that is
repealed or revoked, or a
penalty or a forfeiture or a
punishment incurred in respect
of that offence; or
(e)
affect an investigation, a legal
proceeding or a remedy in
respect of a right, a privilege,
an obligation, a liability, a
penalty, a forfeiture or a
punishment;
and the
investigation, legal proceeding
or remedy may be instituted,
continued or enforced, and the
penalty, forfeiture or
punishment may be imposed, as if
the enactment had not been
repealed or revoked.
(2)
Subsection (l) does not
authorise the continuance in
force after the repeal or
revocation of an enactment or of
an instrument made under that
enactment.
(3) Where an
enactment expires, lapses or
otherwise ceases to have effect,
this section shall apply as if
that enactment had then been
repealed or revoked.
(4) The
inclusion in the repealing
provisions of an enactment of an
express saving with respect to
the repeals affected by the
inclusion does not prejudice the
operation of this section with
respect to the effect of those
repeals.
Effect of
substituting enactment
35.
(1) Where an enactment repeals
or revokes and re-enacts, with
or without modification, an
enactment, a reference in any
other enactment or statutory
document to the enactment so
repealed or revoked shall,
without prejudice to the
operation of subsections (2) and
(3), be construed as a reference
to the enactment as re-enacted.
(2) Where an
enactment repeals or revokes an
enactment, in this subsection
and in subsection (3) referred
to as the "old enactment", and
substitutes, by way of
amendment, revision or
consolidation with any other
enactment,
(a) a
person acting under the old
enactment shall continue to act
as if appointed under the
enactment so substituted;
(b) a
bond or a security given by a
person appointed under the old
enactment remains in force and
the books, papers and things
used or made under the old
enactment shall continue to be
used so far as is consistent
with the enactment that is
substituted;
(c) a
proceeding taken under the old
enactment shall be continued
under and in conformity with,
the enactment so substituted, so
far as it may be done
consistently with the
substituted enactment;
(d) in
the recovery or enforcement of
penalties and forfeitures
incurred, and in the enforcement
of rights, existing or accruing
under the old enactment, or in
any other proceeding under the
old enactment, the procedure
established by the enactment so
substituted shall be followed so
far as it can be adapted; and
(e)
where a penalty, a forfeiture or
a punishment is reduced or
mitigated by a provision of the
enactment so substituted, the
penalty, forfeiture or
punishment, if imposed or
awarded after the repeal or
revocation, shall be. reduced or
mitigated accordingly.
(3) In
addition to subsection (2),
where an enactment repeals or
revokes an enactment and
substitutes by ,«ay of
amendment, revision or
consolidation, another
enactment,
(a)
the statutory instruments or
statutory documents made,
issued, confirmed or granted
under the old enactment and the
decisions, authorisations,
directions, consents,
applications, requests or
things made, issued, given or
done under the old enactment
(i) which are
in force at the commencement of
the enactment that is
substituted, and
(ii) which
are not inconsistent with the
enactment that
is
substituted,
shall have
the like effect and the like
proceedings may be had on and in
respect of the enactment as if
they had been made, issued,
confirmed or granted or made,
issued, given or done under the
corresponding enactment that is
substituted; and
(b) a
reference to the old enactment
in an unrepealed or unrevoked
enactment shall,
(i) in
relation to a subsequent
transaction, matter or thing, be
construed as a reference to so
much of the enactment that is
substituted as relates to the
same subject-matter as the old
enactment; and,
(ii) if
nothing in the enactment that is
substituted relates to the same
subject-matter, the old
enactment shall stand good, and
be read and construed as
unrepealed or unrevoked where it
is necessary to support,
maintain or give effect to the
unrepealed or unrevoked
enactment.
Enactments
always speaking Enactment
always speaking
36. An
enactment shall be construed as
always speaking and anything
expressed in the present tense
shall be applied to the
circumstances as they occur, so
that effect is given to each
enactment according to its true
spirit, intent and meaning.
Expressions in statutory
instruments
37.
(1) Where an enactment confers a
power to make a statutory
instrument or issue a statutory
document, unless a contrary
intention appears,
(a)
expressions used in the
statutory instrument or
statutory document have the same
respective meaning as in the
enactment; and
(b)
the expression "Act" if used in
the statutory instrument or
statutory document shall be
construed as referring to the
Act under which the instrument
is made or the document is
issued.
Application of definitions
Applications
of interpretation provisions
38.
(1) Definitions or rules of
interpretation contained in an
enactment apply to the
construction of the provisions
of the enactment which contains
those definitions or rules of
interpretation.
(2) An
interpretation section or
provision contained in an
enactment shall be read and
construed as being applicable,
(a)
only if the contrary intention
does not appear in the
enactment; and
(b) to
the enactments relating to the
same subject-matter, unless a
contrary intention appears in
the enactment.
Parts of
speech
39.
Where a word is defined in an
enactment, other parts of speech
and grammatical variations of
that word and cognate
expressions shall have
corresponding meanings in that
enactment.
Names
commonly used
40. In
an enactment, a name commonly
applied to a country, place,
government department, body,
corporation, society, Minister,
officer, functionary, person,
party, statutory provision, or
other thing means the country,
place, government department,
body, corporation, society,
Minister, officer, functionary,
party, statutory provision or
thing to which the name is
commonly applied, whether or not
the name is the formal or an
abbreviated form of designation.
Rules as
to number and gender
41.
(1) Words in an enactment
importing
(a)
male persons include female
persons; and (b) female
persons include male persons.
(2) Words in
an enactment importing persons
include male and female persons,
corporations, whether aggregate
or sole, and unincorporated
bodies of persons.
(3) A
reference in an enactment to a
party aggrieved includes a
reference to a body corporate in
a case where that body corporate
is a party aggrieved.
Construction
of shall and may
42. In
an enactment the expression
"may" shall be construed as
permissive and empowering, and
the expression "shall" as
imperative and mandatory.
Distances
43. In
the measurement of a distance
for the purposes of an
enactment, the distance shall be
measured in a straight line on a
horizontal plane.
Time
44.
(l) In an enactment, words
relating to time and references
to a point in time shall be
construed as relating or
referring to Greenwich Mean
Time.
(2) Where in
an enactment a period of time is
expressed to begin on a
particular day, that day shall
be included in the period.
(3) Where in
an enactment a period of time is
expressed to be reckoned from or
after a particular day, that day
shall not be included in the
period.
(4) Subject
to subsection (7), where in an
enactment a period of time is
expressed to end on, or to be
reckoned to, a particular day,
that day shall be included in
the period.
(5) Where the
time limited by an enactment for
the doing of a thing expires or
falls on a Saturday, Sunday or a
public holiday, the time shall
extend to and the thing may be
done on, the first following day
that is not a Saturday, Sunday
or a public holiday.
(6) Where in
an enactment a thing is required
to be done on a particular day,
then, if that day falls on a
Saturday, Sunday or a public
holiday, the thing shall be
considered as duly done if it is
done on the first following day
which is not a Saturday, Sunday
or a public holiday.
(7) Where a
period of time prescribed by an
enactment for the doing of a
thing does not exceed five days,
Saturdays, Sundays and public
holidays shall not be included
in the computation of the
period.
(8) Where by
an enactment a period of time is
expressed as "clear days" or is
qualified by the term "at
least", both the first day and
the last day shall be excluded
from the computation of the
period.
(9) In an
enactment,
(a) a
reference to midnight, in
relation to a particular day,
shall be construed as a
reference to the point of time
at which that day ends;
(b) a
reference to a week-day shall be
construed as a reference to a
day that is not a Saturday or a
Sunday;
(c) a
reference to a month shall be
construed as a reference to a
calendar month;
(d) a
reference, without
qualification, to a year, shall
be construed as a reference to a
period of twelve months as
specified in the enactment.
(10) For the
purposes of an enactment, a
person shall be regarded as
having attained a given age at
the beginning of the day on
which the anniversary of the
birth of that person occurs and
not on the previous day.
(11) In
an enactment, the expression
"public holiday" means a day
that under the enactment or
other law is, or is declared to
be, or is proclaimed as, a
public holiday.
(12) An
enactment requiring or
authorising the doing of a thing
but not prescribing or limiting
the period within which that
thing is to be done, or may be
done, shall be construed as
requiring or authorising that
thing to be done within a
reasonable time and with the
requisite convenient speed and
not otherwise.
(13)
Subsections (1) and (2) shall
have effect in relation to deeds
and other legal instruments as
they have effect in relation to
an enactment.
Statutory
boards
45.
(1) The functions of a statutory
board shall not be affected by a
vacancy in the membership of
that statutory board.
(2) A power
conferred by or under an
enactment on an authority or a
person to appoint the members of
a statutory board includes,
(a)
the power to appoint the
chairperson of the statutory
board, and
(b)
the power to appoint an
individual person as an
alternate member to act in the
place of the member in respect
of whom the alternate
appointment is made.
(3) An
alternate member when acting in
that capacity shall have and
perform the functions of the
member in whose place the
alternate appointment is made.
(4) An
authority or a person empowered
by or under an enactment to
appoint or designate a person to
be a member of a statutory board
or to perform any other function
may
(a)
appoint or designate a person by
name, or
(b)
appoint or designate a person by
reference to an office; and the
person so appointed or
designated may perform the
function in respect of which the
appointment or designation is
made.
(5) A person
is qualified to be appointed as
a member of, or to continue in
office as a member of, a
statutory body or the governing
body of a public corporation
only if that person
(a) is
a citizen;
(b)
has not been adjudged or
otherwise declared
(i) bankrupt
under any law and has not been
discharged, or
(ii) to be of
unsound mind or is detained as a
criminal lunatic under any law;
(c)
has not been convicted
(i) for high
crime under the Constitution or
high treason or treason or for
an offence involving the
security of the Republic, fraud,
dishonesty or moral turpitude,
or
(ii) for any
other offence punishable by
death or by a sentence of not
less than ten years
imprisonment; (d) has not
been found by the report of a
commission or a committee of
inquiry to be incompetent to
hold public office; or
(e) is
not a person in respect of whom
a commission or committee of
inquiry has found that while
being a public officer had
acquired assets unlawfully or
defrauded the Republic or
misused or abused the powers of
office, or willfully acted in a
manner prejudicial to the
interests of the Republic, and
the findings have not been set
aside on appeal or judicial
review;
(f) is
not under a sentence of death or
other sentence of imprisonment
imposed upon that person by a
Court; or
(g) is
not otherwise disqualified by
law.
(6) In
addition to subsection (5), a
member of the statutory body or
the governing body shall cease
to be a member if, in the case
of person possessed of a
professional qualification, the
member is disqualified from
practice by an order of the
relevant competent authority or
ceases to be a member otherwise
than at the member's own
request.
(7) Where in
an enactment a member of a
statutory board or governing
body is required to disclose
that member's interest, whether
directly or indirectly, in a
matter for decision or
consideration by the board or
governing body, a member who
fails to disclose that interest
or takes part in the decision or
deliberation without disclosing
that interest commits, in
addition to any other provision
in that enactment, an offence if
that member benefits directly or
indirectly from the decision or
deliberation.
(8) A member
convicted of an offence under
subsection (7) is liable
(a) to
a term of imprisonment not less
than six months; or to a fine of
not less than one hundred and
fifty penalty units; and
(b) to
forfeit to the Republic the
property which had been acquired
whether directly or indirectly
with the benefit resulting from
the decision or deliberation.
(9) Paragraph
(c) and (d) of
subsection (5) shall cease to
apply if (a) ten years or
more have passed since the end
of the sentence or the date of
the publication of the report of
the commission or committee of
inquiry, or
(b)
that person has been pardoned.
Definitions
46. In
an enactment, the expression
"act" where
used in reference to an offence
or civil wrong includes a series
of acts, and words so used which
refer to acts done extend to
omissions;
"access"
includes ingress, egress and
regress;
"adult" means
a person who has attained the
age of twenty-one years;
"aircraft"
includes an aeroplane, an
airship, a balloon, a glider, a
helicopter and any other
contrivance recognised by the
civil aviation authority as an
aircraft;
"assets"
includes property and rights of
any kind;
"appointed
day" for the purposes of an
enactment means the day
specified as the appointed day
by the President by
Proclamation published in the
Gazette;
"Auditor-General" means the
Auditor-General appointed under
article 187 of the Constitution;
"bank
holiday" means a day which is by
law to be kept as a close
holiday in the banks;
"Cabinet"
means the Cabinet established by
article 76 of the Constitution;
"cedi" means
the Ghana cedi or legal tender
as determined by the Bank of
Ghana;
"Chief
Justice" means the Chief Justice
appointed under article
144 of the
Constitution;
"child" means
a person below the age of
eighteen years; "citizen" means
a citizen of Ghana;
"coin" means
a coin which is legal tender in
the Republic; "commencement"
when used with reference to an
enactment
means the
time at which that enactment
comes into operation;
"Commonwealth" means the
countries recognised by the
Government as Commonwealth
countries or specified or
certified as Commonwealth
countries in or under an Act of
Parliament relating to
membership of the Commonwealth;
"Commonwealth
citizen" means a person who by
law has the status of a
Commonwealth citizen;
"committed
for trial" includes
(a)
committed by a Court, and
(b)
committed on bail upon a
recognisance to appear and stand
trial before a Court;
"Commonwealth
country" means a country that is
a member of the Commonwealth;
"community
service" means community service
as determined by the Court in
consultation with the Minister
responsible for Social Welfare;
"Consolidated
Fund" means the Consolidated
Fund established pursuant to
article 175 of the Constitution;
"consul" or
"consular officer" includes
consul-general, consul,
vice-consul, consular agent, and
a person authorised to discharge
the duties of consul-general,
consul or vice-consul; "costs"
includes fees, charges,
disbursements, expenses or
remuneration;
"Court of
Appeal" means the Court of
Appeal established pursuant to
articles 125 and 126 of the
Constitution;
"court of
summary jurisdiction" means a
court exercising statutory
summary jurisdiction;
"contravention" in relation to
an enactment, includes a failure
to comply with a provision of
that enactment;
"country"
includes a territory for whose
international relations
that country
is responsible;
"day" means a
continuous period of twenty-four
hours; "export" means to take or
cause to be taken out of the
Republic; "fault" means a
wrongful act or default;
"financial
year" means a period of twelve
months as determined by the
Government;
"fine"
includes a pecuniary penalty to
which a person is liable for a
contravention of an enactment;
"functions"
includes powers and duties;
"Gazette"means the
Gazette published by order
of the Government;
"goods"
includes movable property and
animals;
"Government"
means any authority by which the
executive authority of the
Republic is duly exercised;
"Government
Notice" means an announcement,
whether or not of a legislative
character, published in the
Gazette by or with the
authority of the Government;
"Government
Printer" includes a printer
authorised by the Government;
"government
survey map" means a map made
under an enactment providing for
the survey of land on behalf of
the Government;
"High Court"
means the High Court established
pursuant to articles 125 and 126
of the Constitution;
"immovable
property" means land;
"import"
means to bring or cause to be
brought into the Republic;
"indictable
offence" means an offence
triable on indictment in
accordance with the Criminal and
Other Offences (Procedure) Act,
1960 (Act 30);
"individual"
means a natural person other
than a corporation; "Justice"
includes the Chief Justice and
any other Justice of the
Superior Court of Judicature;
"local
authority" means a local
authority established pursuant
to article 240 of the
Constitution;
"master" in
reference to a ship, means a
person, other than a pilot or
harbour master, having control
for the time being of the ship;
"minor" means
a child;
"Minister"
includes a Minister of State
appointed under article 78 of
the Constitution and a Minister
for the time being having
responsibility for a portfolio
as assigned by the President or
for the subject-matter of the
enactment in respect of which
that expression is used;
"movable
property" includes property of
every description and growing
crops, except immovable
property;
"Parliament"
means Parliament as established
under article 93 of the
Constitution;
"payable by
warrant" means payable out of
the Consolidated Fund or other
public fund upon the authority
of a warrant under the hand of
the Minister responsible for
Finance; "perform" in relation
to functions includes exercise;
"person"
includes a body corporate,
whether corporation aggregate or
corporation sole and an
unincorporated body of persons
as well as an individual;
"prescribed"
means prescribed in or under the
enactment in which that
expression occurs;
"prescribed
by Parliament" means prescribed
by the authority of Parliament;
"President"
means the President elected in
accordance with article 63 of
the Constitution;
"presidential
seal" means the presidential
seal provided for under article
61 of the Constitution;
"printed by
authority" means printed by the
Government Printer;
"proclamation" means a
declaration made by the
President under the public seal;
"public
corporation" includes a
statutory corporation other than
one set up as a commercial
venture, a corporation and any
other body of persons
established by or under an Act
of Parliament or set up out of
funds provided by Parliament or
bv any other public fund:
"public
holiday" means a day which is by
law declared to be a public
holiday;
"public
interest" includes a right or an
advantage which enures or is
intended to enure for the
benefit generally of the whole
of the people of the Republic;
"public
office" includes an office the
emoluments attached to which are
paid directly from the
Consolidated Fund or directly
out of moneys provided by
Parliament and service with a
public corporation established
entirely out of public funds or
moneys provided by Parliament;
"public
service" includes service in a
civil office of the Government
the emoluments attaching to
which are paid directly from the
Consolidated Fund or directly
out of moneys provided by
Parliament and service with a
public corporation;
"public
officer" includes the holder of
a public office and a person
appointed to act in that office;
"Public
Services Commission" means the
Public Services Commission
established by article 194 of
the Constitution; "public seal"
means the public seal provided
for under article 61 of the
Constitution;
"registered
dentist" means a person
registered as a dentist under
the law in force for the
regulation of the dental
profession; "registered land"
means land the title to which is
registered under the enactment;
"registered
medical practitioner" means a
person registered as a medical
practitioner or a dentist under
the law in force for the
regulation of the medical
profession;
"Regional
Tribunal" means a Regional
Tribunal established by article
142 of the Constitution;
'Rules of
Court' when used in relation to
a Court means Rules made by the
Rules of Court Committee
established by article 157 of
the Constitution to regulate the
practice and procedure of the
Courts;
"sale"
includes exchange and barter;
"service by
post" means service in
accordance with subsection (1)
of section 30;
"session" in
relation to Parliament means
sessions as defined in article
295 of the Constitution;
"ship"
includes every description of
vessel used in navigation not
exclusively propelled by oars or
paddles;
"signature"
includes the making of a mark
and of a thumb print; "sitting"
in relation to Parliament
includes a period during which
Parliament is sitting
continuously without adjournment
and a period during which
Parliament is in committee;
"Speaker"
means the person elected as
Speaker by members of
Parliament,
and Deputy Speaker means a
person so elected.
"statute of
general application" means a
statute of the United Kingdom
Parliament as at the 24th day of
August, 1874 applicable to
Ghana;
"statutory
corporation" means a corporation
established by or under an Act
of Parliament;
"statutory
declaration" means a declaration
made in accordance with the law
relating to statutory
declarations;
"statutory
period" in relation to a
statutory instrument means a
period of twenty-one sitting
days or any other period
prescribed by the enactment.
"summary
conviction" means conviction for
a summary offence; "summary
offence" means an offence
triable otherwise than on
indictment;
"Supreme
Court" means the Supreme Court
established pursuant to articles
125 and 126 of the Constitution;
"surety" means sufficient
surety;
"unregistered
land" means land the title to
which is not registered under
that enactment.
"vehicle"
includes a motor vehicle, a
motor cycle, a bicycle and any
other carriage or conveyance of
any kind used, on land or 111
space;
"vessel"
means a ship, boat, lighter or
other floating craft used or
capable of being used for
transport by water;
"words" when
used in an amending enactment
includes figures, punctuation
marks and typographical,
monetary, mathematical and
scientific symbols.
"year" means
a period of twelve months;
"session" in
relation to Parliament means
sessions as defined in article
295 of the Constitution;
"ship"
includes every description of
vessel used in navigation not
exclusively propelled by oars or
paddles;
"signature"
includes the making of a mark
and of a thumb print; "sitting"
in relation to Parliament
includes a period during which
Parliament is sitting
continuously without adjournment
and a period during which
Parliament is in committee;
"Speaker"
means the person elected as
Speaker by members of
Parliament,
and Deputy Speaker means a
person so elected.
"statute of
general application" means a
statute of the United Kingdom
Parliament as at the 24th day of
August, 1874 applicable to
Ghana;
"statutory
corporation" means a corporation
established by or under an Act
of Parliament;
"statutory
declaration" means a declaration
made in accordance with the law
relating to statutory
declarations;
"statutory
period" in relation to a
statutory instrument means a
period of twenty-one sitting
days or any other period
prescribed by the enactment.
"summary
conviction" means conviction for
a summary offence; "summary
offence" means an offence
triable otherwise than on
indictment;
"Supreme
Court" means the Supreme Court
established pursuant to articles
125 and 126 of the Constitution;
"surety" means sufficient
surety;
"unregistered
land" means land the title to
which is not registered under
that enactment.
"vehicle"
includes a motor vehicle, a
motor cycle, a bicycle and any
other carriage or conveyance of
any kind used, on land or 111
space;
"vessel"
means a ship, boat, lighter or
other floating craft used or
capable of being used for
transport by water;
"words" when
used in an amending enactment
includes figures, punctuation
marks and typographical,
monetary, mathematical and
scientific symbols.
"year" means
a period of twelve months;
"young
person" means a person who has
attained the age of eighteen
years but is under twenty-one
years;
Assignment
of Ministerial responsibilities
47.
Notwithstanding anything to the
contrary in an enactment, where
a change in the assignment or
responsibility for the business
of government is notified in the
Gazette by a Government
Notice setting out the former
assignment or responsibility and
the substituted assignment or
responsibility, a reference to
the former assignment or
responsibility in an enactment
and in a document made or issued
under the enactment shall be
construed as a reference to the
substituted assignment or
responsibility from the date
specified in the Government
Notice.
Delegation
of functions
48.
Where by or under an enactment a
function is conferred on a
person or an authority other
than a function in relation to
the hearing of a petition or the
making of subsidiary legislation
that person or authority may by
instrument in writing delegate
the performance of that function
to a person either by name or as
the holder of an office as is
specified in the instrument
subject to the conditions,
exceptions and qualifications
that are so specified.
Signification of delegation
49. A
delegation made under section 48
(a)
sha11, within twenty-four hours,
be published in the Gazette;
(b) may be revoked or varied
by the like instrument or order
as is respectively specified in
that section; and the revocation
or variation shall, within
twenty-four hours, be published
in the Ga2cftc.
Instrument
under the Public Seal
50.
(1) A proclamation, warrant or
any other instrument issued
under the public seal shall be
signed pers0nally by the
President.
(2) Subject
to subsection (1), a statutory
instrument made by the
President, may be signed
personally by a Minister by
command of the President.
(3) Prima
facie evidence of a statutory
instrument may be given in
proceedings before a Court by
the production of a copy of the
Gazette purporting to
contain the statutory
instrument.
Citation
of Acts
51.(1)
An Act may be cited by reference
to its short title.
(2) Where a
statutory instrument is
published in the Gazette
in accordance with section 18,
then
(a)
without prejudice to an
enactment, the original of that
instrument and a copy of it
printed by the Government
Printer, is admissible in
evidence without proof of the
authority, signature or capacity
of the person by whom the
instrument is signed;
(b) a
copy of that instrument printed
by the Government Printer shall
be evidence of the due making of
that instrument and of its
content; and
(c) a
copy of that instrument
purporting to have been printed
by the Government Printer shall
be deemed to have been so
printed unless the contrary is
proved.
(3) In
an enactment a description of,
or citation from, any other
enactment or from a document
shall be construed as including
the word, subsection, section,
or other portion mentioned or
referred to as forming the
beginning or as forming the end
of the portion comprised in the
description or citation or as
being the point from which or to
which the portion extends.
(4) A
statutory instrument may be
cited by the title set out at
the head of the instrument on
publication or by the number
allocated to the instrument on
publication and the calendar
year.
Repeals
52.
The Interpretation Act, 1960 (c.
A. 4) as amended by,
(a)
the Interpretation (Amendment)
Law, 1982 (P.N.D.C.L. 12),
(b) the Interpretation
(Amendment) Act, 1961 (Act 92),
and (c) the
Interpretation (Amendment) Act,
1962 (Act 145); and
the Statutory
Instruments Act, 1959 (No. 52 of
1959), the Acts of Parliament
of Act 1960 (C.A.7) and
the Fines (Penalty Units) Act,
2000 (Act 572) are repealed.
FIRST
SCHEDULE
(Section
5(4))
This printed
impression has been carefully
compared by me with the
Bill which
was passed by Parliament on the
................................
day of
..............................
and found by me to be a true
copy of the Bill.
……………………………..
………………………….
Date of
certification
Speaker
(Section
5(5)
Form of Speaker's Certificate
I hereby
certify that power to pass this
Act has been conferred on
Parliament in accordance with
the relevant provisions of the
Constitution.
……………………………..
………………………….
Date of
certification
Speaker
(Section 5(4)
I hereby signify assent to this
bill.
……………………………..
………………………….
Date of
certification
Speaker
SECOND
SCHEDULE
Section
27(1)
One penalty unit is equal to
GH¢12.00.
Interpretation Act
Previous Legislation
Ordinance
NO.3 of 1876
No.1 of 1907
No.6 of 1916
No. 32 of
1921
No.1 of 1923
NO.7 of 1924
No. 11 of
1928
No.5 of 1929
Revised
Edition 1936
Cap 1
Ordinance No.
6 of 1935
No. 19 of
1936
No. 13 of
1942
No. 37 of
1946
No. 19 of
1949
No.3 of 1951
Revised
Edition 1951
Cap 1
Ordinance 150
of 1952
NO.6 of 1953
No. 18 of
1954
Act 1957 No
29
1960 C. A. 4
1961 Act 92
1962 Act 145
1972
PN.D.C.L. 12
MEMORANDUM
The object of
this Bill is to recast the
Interpretation Act 1960, which
is nearly fifty years old. Much
has changed in those years. The
need for an up date of the Act
is necessary. The Interpretation
Act 1960 (CA. 4) was cast in the
mould of the circumstances which
formed part of a series of
legislation enacted by the
Constituent Assembly to usher in
the First Republic Constitution
1960. The Laws of Ghana (Revised
Edition) Act, 1998, (Act 562)
debars, by subsection (1) of
section 3, the Statute Law
Revision Commissioner from
making an alteration or
amendment in the matter or
substance of an Act. However,
subsection (2) of that section
provides that,
"Where the
Commissioner considers,
(a)
that an alteration or amendment
in the matter or substance of an
Act is desirable, or
(b)
that an Act requires
considerable alteration or
amendment
involving the
entire recasting of the Act,
the
Commissioner shall prepare a
Bill setting out the alteration
or amendment or the recasting of
the Act for introduction into
Parliament. "
Hence this
Bill. Apart from a few changes,
taking into consideration the
changed circumstances of the
country in 1960, and the impact
of the 1960 Constitution, the
Interpretation Act 1960 closely
followed, as was usual in most
Commonwealth countries, the
Interpretation Act 1889 of the
United Kingdom Parliament. The
1889 Act was itself a
development on statutory
interpretation since Lord
Brougham's Act, the
Interpretation Act, 1850. We
have all moved a long way since
the end of the 19th century.
Indeed the United Kingdom
Parliament has revised its
Interpretation Act 1889 into the
Interpretation Act 1978. There
is the need to recast our
legislation.
An
Interpretation Act is an Act of
wide application. It is intended
to lay down certain basic rules
as to how the Courts should
interpret an Act of Parliament.
It contains the definition of
certain words and expressions.
The essence is to avoid
unnecessary repetition of the
definition of those words or
expressions in other enactments.
Though an Interpretation Act
provides a set of definitions
and rules which regulate certain
aspects of the operation of
other enactments, it is not all
a question of definitions.
There are
other provisions which are not
mere definitions or rules of
construction. These are
substantive rules or laws, such
as are set out in clauses
32, 34 and 35 or the
Dill. Judicial decisions have
approved the application of
those rules of law. But an
Interpretation Act docs not
supply all the answers. It
simplifies the law, in that it
avoids repetition, promotes
consistency in the use of
language and clarifies, to an
extent, the construction of an
Act of Parliament.
CIa use (2)
of article 1 of the Constitution
1992, places the Constitution on
a pedestal high above that of
the ordinary law of the land.
The Constitution is the supreme
law. A law found to be
inconsistent with, or in
contravention of, a provision of
the Constitution is void to the
extent of the inconsistency or
the contravention. The
Constitution is thus not an
ordinary law of the land. It is
a legal document as well as a
political testament. It embodies
the soul of our people in a
sense that the ordinary law
cannot achieve. It is organic in
its conception and thus allows
for the growth and progressive
development of its own peculiar
conventions. Indeed, in obvious
and subtle ways it is an
instrument of rights and
limitations and not a catalogue
of powers.
But section 1
of the Interpretation Act 1960
subjects the interpretation of
the Constitution to that Act.
Thus an inferior law is made the
vehicle by which the
construction of the supreme law
of the land is determined. In
this sense the Constitution is
subordinated to an inferior law.
It detracts from the
Constitution's supremacy. This
Bill seeks, among other things,
to do away with that concept.
By that
process the construction and
interpretation of the
Constitution, 1992, will not be
tied down by the Interpretation
Act but will take account of the
cultural, economic, political
and social developments of the
country without recourse to
amendments which can be avoided
if the spirit of the
Constitution is given its due
prominence. A Constitution is a
sacred document. It must of
necessity deal with facts of the
situation, abnormal or usual. It
will grow with the development
of the nation and face
challenging changes and new
circumstances. It must be
allowed to germinate and develop
its own peculiar conventions and
construction not hampered by
niceties of language and form
that would impede its singular
progress.
In musical
terms the interpretation and
construction of the Constitution
should involve the interplay of
forces that produce a melody and
not the highlighting of the
several notes. The country is an
expanding society. Those who
deal with the Constitution must
appreciate that concept.
Plessy v Ferguson [163 US
537,16 S.Ct. 1138,41 L.Ed 256
(1896)] and Brown v Board of
Education [347 US 483, 74
S.Ct. 686, 98 L.Ed. 873 (1954)]
have demonstrated that time,
.circumstances and the need to
keep
pace with the
advancement in social conditions
must be taken into consideration
in construing or interpreting a
Constitution.
In particular
also clause (1) of article 34
enjoins the Judiciary to be
guided by the Directive
Principles of State Policy
contained in Chapter Six of the
Constitution "in applying or
interpreting [the] Constitution
or any other law and in taking
and implementing any policy
decisions for the establishment
of a just and free society". We
thus do not have to be pedantic
in dealing with the
Constitution.
On the other
hand, it is appropriate for the
Constitution, being the supreme
law, to lay down certain
principles of interpretation not
only for the Constitution, but
for any other law. Thus in
article 297 the Constitution
lays down the principle of
implied power to guide the
Courts in the construction of
powers conferred on various
authorities and persons.
Clause 21 of the Bill
reflects that principle but
extends its application in
relation, not to the
Constitution, but to an
enactment not being the
Constitution.
In essence
the Constitution must be
construed or interpreted in a
manner
(a)
that promotes the rule of law
and the values of good
governance,
(b)
that advances human rights and
fundamental freedoms,
(c)
that permits the creative
development of the provisions of
the Constitution and the Laws of
Ghana, and
(d)
that avoids technicalities which
defeat the purpose of the
Constitution and of the ordinary
law of the land.
Another issue
which needs to be addressed is
the relaxation of the
exclusionary rule which forbids
the Courts from referring to the
debates in Parliament in the
construction or interpretation
of an Act of Parliament or a
provision of an Act of
Parliament. Ghana led the
Commonwealth in empowering the
Courts under section 19 of the
Interpretation Act, 1960 CC.A.4)
to turn, in addition to any
other accepted aid, to a
textbook or other work of
reference, to the report of a
commission of inquiry into the
state of the law, to a
memorandum published by
authority in reference to the
enactment or to the Bill for the
enactment and to any papers laid
before Parliament in reference
to it, but not to the debates
in Parliament. Australia,
then, New Zealand followed
Ghana's example and then others.
The general
rules for the construction or
interpretation used by the
Courts were formulated by the
Judges and not enacted by
Parliament. From the Mischief
Rule enunciated in Heydon's
Case [(1584) 3 Co. Rep. 7a;
76 E.R. 637] to the Literal Rule
enunciated in the Sussex
Peerage Case [(1844) ll.Co &
F 85; 8 E.R. 1034], to the
Golden Rule enunciated in
Grey v Pearson [(1857) 6
H.L.e. 61; 10 E.R. 1216] the
Courts in the Commonwealth have
now moved to the Purposive
Approach to the interpretation
of legislation and indeed of all
written instruments. The Judges
have abandoned the strict
constructionist view of
interpretation in favour of the
true purpose of legislation.
The Purposive
Approach to interpretation takes
account of the words of the Act
according to their ordinary
meaning as well as the context
in which the words are used.
Reliance is not placed solely on
the linguistic context, but
consideration is given to the
subject-matter, the scope, the
purpose and, to some extent, the
background. Thus with the
Purposive Approach to the
interpretation of legislation
there is no concentration on
language to the exclusion of the
context. The aim, ultimately, is
one of synthesis.
The Purposive
Approach has been encapsulated
in Pepper (Inspector of
Taxes) v Hart [[1993] 1 All
E.R. 42], the United Kingdom now
following Australia and New
Zealand. That decision now makes
it possible for the Courts in
other Commonwealth countries to
seek assistance from
(a)
the legislative antecedents of
the statutory provisions under
consideration;
(b)
pre-parliamentary materials
relating to the provisions in
the Act in which it is
contained, such as reports of
committees and of commissions
reviewing the existing law and
recommending changes;
(c)
parliamentary materials such as
the text of a Bill and reports
on its progress in Parliament
taking note also of explanatory
memoranda, proceedings in
committee and parliamentary
debates.
The records
of the debates in Parliament are
a rich source of information
regarding the intention of
Parliament which the Courts when
faced with problems of
construction and interpretation
seek to divine. But the Courts
will resort to the debates only
where
(a)
the legislation is ambiguous or
obscure or the literal meaning
would lead to absurdity;
(b)
the material relied on consists
of a statement or statements
made by the Minister in charge
of the Bill or other promoter of
the Bill which led to the
enactment of the legislation,
together if necessary, with such
other parliamentary material as
is necessary to understand the
statements and their effect;
(c)
the statements of the Minister
or other promoter of the Bill
are clear.
We cannot now
afford to let the Courts wear
blinkers which would "conceal
the vital clue to the intended
meaning of an enactment."
Parliamentary materials may shed
a light or two on the meaning of
the words in an Act of
Parliament, and the Courts
should be allowed to refer to
those materials. Such materials
are "an equally authoritative
source" of information. The
provisions of the 1960 Act which
forbid the Courts from referring
to parliamentary debates have
thus not been repeated in the
Bill: Clause 10. It is a
function of the Courts to help
solve, through the judicial
process, some of the
difficulties of society.
Some, because the Courts are
a passive institution: unless we
go to Court, the Courts do not
have anything to adjudicate
upon. When we are before them
they try to adjust relationships
in our commercial, cultural,
economic, political and social
lives. The Interpretation Act is
one of the instruments at hand
to help in that difficult and
onerous task.
It is
envisaged that the use of
parliamentary material as a
guide to the construction of
ambiguous legislation would not
involve the questioning of the
freedom of speech in Parliament
nor of parliamentary debate:
Counsel and
Judge would refrain from
impugning or criticising
statements made on the floor of
Parliament. The Judges seek to
keep the balance that should
exist in those matters in the
relationship between the
Legislature and the Judiciary.
The purpose of the Courts
referring to parliamentary
material would be to give effect
to, rather than thwart, the
intention of Parliament. It
could not be the purpose of the
Courts to question the processes
by which the legislation was
enacted or to criticise anything
said by anyone in Parliament in
the course of passing the Bill.
Judicial
review is a principle now
established in administrative
law. It is of the essence of the
liberty of the individual. It is
a right which opens the door to
the individual to claim the
protection of the law when the
individual feels aggrieved. To
aid both the Courts and the
individual clause 21 of
the Bill deals with the exercise
of statutory powers. It provides
for enabling powers incidental
to a power conferred as well as
the limits regarding the
exercise of discretionary
powers. These powers are to be
exercised in accordance with the
tenor of the enactment, should
not be exceeded and will be
construed subject to the
enactment under which the power
is conferred. When a power is
conferred for an act to be done,
the exercise of the power should
not be inconsistent with the
power so given.
Clause
21 of the Bill thus takes
cognizance of articles 23 and
296 of the Constitution.
Clause 23 of the Bill also
seeks to deal with the implied
powers of public office holders.
It is not
unknown for an authority on
which or a person on whom a
power is conferred to make a
mistake or an error in the
exercise of that power. In an
important case it may require an
Indemnity Act or a Validating
Act to solve the problem.
Clause 22 of the Bill thus
seeks to make it an ancillary
power for that authority or
person to correct the error or
omission in the previous
exercise or performance of the
power or function. It should be
emphasised, though, that the
correction of an error or
omission will not affect the
substantive rights or procedures
for redress by a person who has
suffered loss or damage or is
otherwise aggrieved as a result
of the error or omission that
has been corrected. In the
circumstances, an investigation,
a legal proceeding or a remedy
in respect of a right, a
privilege, an obligation or a
liability will continue as if
the omission or error had not
been corrected.
Another area
dealt with in the Bill which
requires an explanation is in
respect of the incorporation of
statutory bodies. Clause (3) of
article 190 of the Constitution
provides that whenever a body is
set up the relevant legislation
should make provision for a
governing body. Clause 24
of the Bill takes the matter
further and provides that when
in an enactment words are used
that establish or provide for
the establishment of a body
corporate those words shall be
taken to clothe the body
corporate with the
characteristics of a
corporation whether aggregate or
sole. The intendment of the
clause is that those
characteristics of a
corporation, such as the power
to sue and be sued, the power to
own and dispose of property and
the right to regulate its
practice and procedures would be
automatically incorporated in
that enactment. There would be
no need, therefore, to recite
those characteristics which are
common to incorporation each
time a body of persons is
incorporated by legislation.
However the
Statute Book contains several
bodies corporate established
with the right to sue or be
sued. Bodies corporate of that
kind are organs of the Republic
and the Attorney-General sues or
is sued on behalf of those
bodies in accordance with
article 88 of the Constitution.
In view of situations like that
it is as well to keep in view
that an Interpretation Act does
not apply where there is a
contrary intention-either
express or by necessary
implication. But there is the
need to make clear the
implications of article 88. And
to put the matter beyond doubt
subclause (2) of clause
24 provides that subclause
(I) a/clause 24 is subject
to the operation of article 88
of the Constitution.
Before the
Preamble to the Constitution,
1992 the expression the Republic
of Ghana is used. However, in
article 4 the expression
"Sovereign State of Ghana" is
used in reference to the
"unitary republic". Then there
is the Council of State and not
the Council of the Republic.
Articles 20 and 94(2)(d)
of the Constitution, also refer
to the State and not to the
Republic. In Chapter Six
State is used throughout and
not Republic. It would
thus be appropriate to use the
definition, "State" means the
unitary Republic of Ghana",
though article 5 7 refers to "a
President of the Republic of
Ghana", whilst article 63(3)
uses the expression "President
of Ghana". The Constitution, on
the whole, uses State
more than it employs
Republic. However, popular
usage prefers Republic as the
legal entity and not
State and that is reflected
in the Bill.
The
Constitution also, in clause (7)
of article 11 requires that
Regulations, Rules and Orders
"(a)
shall be laid before Parliament,
(b)
shall be published in the
Gazette on the day they are
laid before Parliament, and
(c)
shall come into force at the
expiration of twenty-one sitting
days after being so laid unless
Parliament, before the
expiration of the twenty-one
days annuls the Order, Rule or
Regulation by the votes of not
less than two thirds of all the
members of Parliament."
Each of these
instruments would fall under the
definition of statutory
instrument or statutory
document as specified in
clause 1 of the Bill. There
are other instruments not
mentioned under article 11 of
the Constitution, such as
Bye-Laws and Proclamations. The
express mention of the Orders,
Regulations and Rules excludes,
by necessary implication, the
other statutory instruments or
statutory documents not so
mentioned. These instruments,
therefore, do not fall within
the ambit of article 11.
When an
enactment provides that an
instrument is "subject to an
affirmative resolution" it means
that the instrument shall be
laid before Parliament and shall
not come into operation unless
Parliament has by an affirmative
resolution approved its coming
into operation. The result is
that if Parliament does not pass
the requisite resolution the
instrument does not come into
force. On the other hand when an
enactment provides that an
instrument is "subject to a
negative resolution", the end
result is that the instrument
takes effect when it is so made
and laid before Parliament. The
instrument will only cease to
have effect when it is annulled
by the requisite resolution of
Parliament.
But paragraph
(c) of clause (7) of
article 11 is in the nature of
the parliamentary procedure of
negative resolution and
its operation as a
constitutional procedure, makes
it awkward to provide in other
legislation for the
parliamentary procedure of
negative resolution and
affirmative resolution.
The Fines
(Penalty Units) Act, 2000 (Act
572) contains provisions which
are applicable to all enactments
in so far as an enactment
contains provisions which impose
fines as a sanction so that the
law is obeyed in accordance with
the terms of the enactment. The
Act applies to enactments in
force before its commencement or
subsequent to its coming into
operation. It is therefore
similar in nature to an
Interpretation Act. For that
reason it is appropriate for it
to form part of the
Interpretation Act.
When
pecuniary penalties are provided
for by an Act the amounts stated
remain static unless amended. In
the majority of cases by an
amending Act of Parliament. It
is a long process. Where the
fines have been provided for by
subsidiary legislation it is
easier for the relevant
authority to amend the
subsidiary legislation.
Since the
value of a currency changes from
time to time as its purchasing
power fluctuates, amendments may
not keep pace with the
fluctuations in the value of the
currency. Hence the need to
specify fines by reference to
penalty units. The fluctuations
can then be dealt with by an
amending instrument. Clauses
26 and 27 of the Bill
thus incorporate sections 1 and
2 of the Fines (Penalty Units)
Act, 2000 (Act 572). The other
provisions of Act 572 are spent.
Article 11 of
the Constitution deals
adequately with the Laws of
Ghana, their content and scope.
Sections 17 and 18 of the
Interpretation Act 1960 have
thus not been repeated in the
Bill. There is little doubt that
in a contest the Constitution
will prevail over an enactment
in conflict with it and the
Courts should be free to develop
our own jurisprudence.
The Acts of
Parliament Act, 1960 (CA. 7),
like the Interpretation Act,
1960 (CA.4), was part of a
series of Acts enacted by the
Constituent Assembly and brought
into force at the same time as
the 1960 Constitution. Events
have overtaken the operation of
the Acts of Parliament Act, and
most of its important
provisions, for example, the
provisions relating to the
President's Assent, have become
spent having regard to article
106 of the 1992 Constitution.
But its provisions relating to
numbering and original copies of
Acts of Parliament are very much
part of the existing law.
However, in order to avoid
having a 'skeletal Act the
provisions of the Acts of
Parliament Act have been
incorporated in the Act:
Clauses 5, 12(1), 17, 18
and 50 (1).
In like vein
the remaining provisions of the
Statutory Instruments Act 1989
(No. 52 of 1959) have been
incorporated in the Bill:
clause 21(10).
The other
provisions in the Bill are
familiar features of an
Interpretation Act and thus this
Memorandum deals only with the
salient features of the present
Bill which require an
explanation.
BETTY MOULD-IDDRISU
(MRS.)
Attorney-General and Minister
for Justice
ACT 2009 |
INTERPRETATION
|
ACT 2009 |
INTERPRETATION |
|
ACT, 1960 C.AA
|
|
ACT, 1960
C.A.4 |
Section
|
Section |
Section
|
Section
4
5
-
-
-
--
10,11
-
12
-
-
-
-
24
22,23,25
-
-
-
-
-
- ~
-
-
-
-
-
-
- |
|
1 |
32 |
15 |
|
2 |
1 |
|
16 |
|
3 |
- |
17 |
|
4 |
- |
18 |
|
5 |
- |
19 |
|
6 |
- |
20 |
|
7 |
- |
21 |
|
8 (2) |
20 |
22 |
|
9 |
- |
')" |
|
_J |
|
10 |
19 |
24 |
|
11 |
29 |
25 |
|
12 |
6, 7 |
26 |
|
13 |
|
2 |
27 |
|
14 |
|
|
|
|
|
J |
|
|
28 |
14 |
43 |
|
29 |
13 |
44 |
|
30 |
16 |
45 |
|
31 |
15 |
46 |
|
32 |
- |
- |
|
33 |
|
34 |
|
35 |
9 |
|
- |
|
36 |
- |
47 |
|
|
37 |
21 |
48 |
|
38 |
- |
49 |
|
39 |
28 |
50 |
|
40 |
30,31 |
51 |
|
41 |
26 |
52 |
|
42 |
27 |
- |
|
|
|
|
|
ACT |
FINES |
ACT |
ACTS OF PARLIAMENT
|
|
ACT, 2000 (Act 572)
|
|
ACT, 1960 (C.A. 7)
|
Section |
Section |
Section |
Section |
26 |
1 |
4 |
,.., |
.) |
27 |
2 |
5(2) |
2 |
|
3,4 |
5(3), (4) |
5 |
|
|
5(5),5(6) |
7 |
|
|
5(7),5(8) |
8 |
|
|
5(9) |
10 |
|
|
12( 1 ) |
13 |
|
|
17, 18 |
11 |
|
|
18 |
9 |
|
|
51 |
12 |
ACT 2009 |
SlATUTORVINSTRUMENTS
|
|
ACT, 1959 ( |
0.52) |
Section |
Section |
|
I |
2 |
|
2 |
3,5 |
|
12(6) |
14(3) |
|
21,38 |
6, 7 |
|
21 (9), ( 1 0), ( 11 )
|
8 |
|
51(4),2 |
15 |
|
|