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Ghana Laws

COUNCIL FOR LAW REPORTING ACT

1972 (NRCD 64)

Section 1-Council for Law Reporting.

(1) There shall continue to be a Council for Law Reporting in this Decree referred to as the "Council".

(2) The Council shall be a body corporate, and shall have perpetual succession and a common seal, and may sue and be sued in its own name.

Section 2-Functions of the Council.

The Council shall be responsible for the preparation and publication of the report known as "the Ghana Law Reports" containing the judgments, rulings and opinions of the superior courts in the country and may also effect such other publications as in the opinion of the Council could conveniently be effected together with the preparation and publication of the said reports.

Section 3-Composition of Council.

(1) The Council shall consist of the following persons all of whom shall be appointed by the Provisional National Defence Council—

(a) a Chairman who shall be a judge of the Superior Court of Judicature nominated by the Chief Justice;

(b) the Attorney-General or any public officer being a lawyer, nominated by the Attorney-General;

(c) a representative of the Ghana Bar Association nominated by that Association who shall be a lawyer of not less than seven years standing as a lawyer;

(d) a representative of the department of State or Statutory Corporation for the time being responsible for the printing of the Ghana Law Reports not being a person below the rank of head or deputy head of that department or Corporation;

(e) the Editor referred to in section 6 of this Decree;

(f) the Dean of the Faculty of Law, University of Ghana or his representative; and

(g) two other persons as the Provisional National Defence Council deems appropriate. [As substituted by Council for Law Reporting (Amendment) Law, 1988 (PNDCL 194), s. 1(a)]

(2) The members of the Council other than the Attorney-General or the Editor shall hold office for a period of three years.

(3) Any member of the Council other than the Attorney-General or the Editor may resign his office by notice in writing addressed to the Commissioner and any such member may for just cause be removed from office by the National Redemption Council and in consultation with the person or authority who or which nominated him for appointment under subsection (1) of this section.

(4) Where the office of a member of the Council other than the Editor becomes vacant by his death, resignation or removal the Commissioner shall notify the National Redemption Council.

Section 4-Meetings of the Council.

(1) The Council shall meet for the discharge of its functions at such times and places as the Chairman may appoint, so however, that the Council shall meet at intervals, not exceeding three months.

(2) The Chairman shall preside at all meetings of the Council, an in his absence a member of the Council appointed by the members present from among their number shall preside.

(3) Questions proposed at a meeting of the Council shall be determined in the event of an equality of votes, the person presiding shall have a second or casting vote.

(4) Any four members of the Council including the Chairman or the Editor shall constitute a quorum at any meeting of the Council. [As substituted by Council for Law Reporting (Amendment) Law, 1988 (PNDCL 194) s.1(b)]

(5) The Council may, at any time, co-opt any person to be an adviser at any meeting of the Council so however that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Council.

(6) The validity of any proceedings of the Council shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

Section 5-Remuneration of Council Members.

Any member of the Council other than the Editor as well as any person co-opted to the Council under section 4 of this Decree may be paid such remuneration (if any) as the Council may with the approval of the Commissioner given after consultation with the Commissioner responsible for Finance determine in relation to him.

Section 6-Editor and Management.

(1) There shall be an Editor of the Ghana Law Reports who shall be a public officer appointed by the National Redemption Council acting in accordance with the advice of the Public Services Commission and upon such terms and conditions as may be determined by the Council.

(2) No person shall be qualified for appointment as Editor unless he is qualified to be appointed as a judge of the Court of Appeal under any enactment for the time being in force relating to the appointment of judges of the Court of Appeal. [As substituted by Council for Law Reporting (Amendment) Law, 1990 (PNDCL 234), s.1(a)].

(3) The Editor shall, subject to the general control of the Council on matters of policy, be responsible for the preparation and publication of the Ghana Law Reports and for such other publications as may be approved by the Council under section 2 of this Decree.

(4) Where the Editor is incapacitated from the performance of his functions under this Decree the Council may, subject to the provisions of this section, authorise any officer of the Council to perform functions for the duration of the incapacity.

Section 7-Appointment of Other Employees.

(1) The Council shall have Assistant Editors, Principal Reporters, Senior Reporters, Reporters, Assistant Reporters, a Secretary and such other staff as may be necessary for the efficient discharge of its functions.

(2) No person shall be qualified for appointment—

(a) as an Assistant Editor unless he is qualified to be appointed as a High Court Judge;

(b) as a Principal or Senior Reporter unless he is qualified to be appointed as a Circuit Court Judge;

(c) as a Reporter unless he is qualified to be appointed as a District Magistrate Grade I; or

(d) as an Assistant Reporter unless he is a lawyer qualified to be appointed as a District Magistrate Grade II;

under any enactment for the time being in force relating to the appointment of such judges and magistrates. [As substituted by Council for Law Reporting (Amendment) Law, 1990 (PNDCL 234) s.1(b)].

(3) The employers of the Council other than the Editor shall be appointed by the Council.

(4) The Council may delegate to the Chairman, the Editor or any other officer of the Council its powers to appoint persons as employees of the Council in respect of any post the initial salary attached to which is less than two thousand cedis per annum.

(5) All employees of the Council shall hold office upon such terms and conditions as may be determined by the Council.

(6) Public officers may be transferred or seconded to the Council or may otherwise give assistance thereto.

Section 8-Duties of Secretary.

(1) The Secretary shall, under the directon and supervison of the Editor, be responsible for the day to day management and administration of the Council.

(2) The Secretary shall act as Secretary to the Council ad shall, subject to the directions of the Council, arrange the business for and be responsible for the recording and keeping of minutes of proceedings of the meeting of the Council.

Section 9-Pensionable Officers.

(1) The office of Editor, Assistant Editor, Principal Reporter, Senior Reporter, Reporter, Assistant Reporter and Secretary shall be pensionable office.[As substituted by Council for Law Reporting (Amendment) Law, 1990 (PNDCL 234), s.1(c)].

(2) The Council may grant pensions, gratuities or other retiring awards to any of its employees and may require employees to contribute to any pension or superannuation scheme.

Section 9-(A) Conditions of Legal Service Applicable.

Section 10-Funds of the Council.

The National Redemption Council may from time to time provide such sums as may be required for the running of the Council.

Section 11-Payment into Bank.

All sums of money received on account of the Council may be paid into such bank or banks as may be approved by the Council for the credit of the Council's general current or deposit account, so however, that the Council may invest as it deems fit, any moneys not required for current use.

Section 12-Accounts and Audit.

(1) The Council shall cause proper books of account and proper records thereof to be kept in relation to the financial affairs and transactions of the Council and in such form as the Auditor-General may approve.

(2) The books of account of the Council shall be audited annually by the Auditor-General.

Section 13-Annual Reports.

The Council shall prepare and submit to the Commissioner not later than 31st day of March in every year a report on the activities of the Council during the preceding year and the Commissioner shall as soon as possible after receiving the said report cause it to be laid before the National Redemption Council.

Section 14-Rules.

The Council may, with the approval of the Commissioner, make rules generally for the effective carrying out of the purposes of this decree.

Section 15-Duty of Judges to Supply Judgment to Editor.

Every judge of the Superior Court of Judicature shall as soon as practicable after delivering it, cause to be furnished to the Editor a certified true copy of every judgment, ruling or opinion delivered by him.

Section 16-Returns to be made by Registrars of Superior Courts.

Every registrar attached to any of the Superior Courts of Judicature shall at the end of every calendar month furnish the Editor with a list of all judgments, rulings or opinions delivered by a judge in the court in which he is the registrar.

Section 17-Ghana Law Reports to be Official Reports.

The Ghana Law Reports (including any such reports published by the General Legal Council before the commencement of this Decree) shall be deemed to be official law reports of Ghana which may be cited in proceedings in all the Courts of Ghana.

Section 18-Interpretation.

In this Decree “Commissioner” means the Commissioner responsible for Justice.

Section 19-Repeal.

The Council for Law Reporting Act, 1971 (Act 366) is hereby repealed.

Section 20-Transitional Provisions.

(1) The Chairman and members of the Council holding office immediately before the commencement of this Decree shall be deemed to have been duly appointed for the purposes of section 3 of this Decree.

(2) Unless the contrary intention is indicated by the Council, the Editor and every member of the staff of the Ghana Law Reports appointed or employed by the General Legal Council established under the Legal Profession Act, 1960 (Act 32) and who was engaged directly in the preparation of the Ghana Law Reports immediately before the commencement of the Council for Law Reporting Act, 1971 (Act 366) shall be deemed to have been duly appointed under this Decree.

(3) Nothing in this Decree shall be taken to effect any alteration in the terms of a contract subsisting immediately before the commencement of this Decree or to authorise the making of any such alteration without the consent of all parties bound by the contract.

Section 21-Transfer of Assets and Liabilities.

All rights, assets, property, obligations and liabilities of the General Legal Council acquired or incurred in connection with the law reporting functions of that Council and in existence immediately before the commencement of the Council for Law Reporting Act, 1971 (Act 366) are hereby transferred to the Council.

Section 21-(A) Modification of Existing References.

Any references in the Council for Law Reporting Decree, 1972 (N.R.C.D. 64) to the "National Redemption Council" and the "Commissioner" shall be construed as references to the "Provisional National Defence council" and the "P.N.D.C. Secretary responsible for Justice" respectively. [Inserted and to be cited as Council for Law Reporting (Amendment) Law, 1988 (PNDCL 194), s.2].

Section 22-Commencement.

This Decree shall be deemed to have come into force on the 1st day of March, 1972

Section 22-(A) Commencement of Section 9A.

Section 9A as inserted shall be deemed to have come into force on 1st June 1987. [Inserted and to be cited as Council for Law Reporting (Amendment) Law, 1990 (PNDCL 234), s.2].

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