STATUTORY INSTRUMENTS ACT - 1959 (NO. 52 OF 1959)
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(1) This Act may be cited as the Statutory Instruments Act, 1959.
(2) Sections 4, 5, 8 and 17 of this Act shall come into operation on such date as the Attorney-General may by order appoint.
(3) Except where otherwise expressly provided, this Act shall apply in relation to Acts and statutory instruments whether passed or made before or after the passing of this Act.
No. 29 of 1957.
(4) Sections 12, 13 and 14 of the Interpretation Act, 1957 are hereby repealed.
(5) In so far as they apply in relation to statutory instruments, the following provisions of the Interpretation Act, 1957 are also hereby repealed, namely, sections 4 to 10, subsection (2) of section 11 and section 25.
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In this Act-
"Act" includes an Ordinance and an Order of Her Majesty in Council;
"Assembly" means the National Assembly;
"enactment" means a provision contained in an Act, but does not include any provision laying down the legislative powers of Parliament;
"instrument" has its natural meaning and shall not be construed by reference to the definition thereof contained in section 3 of the Interpretation Act, 1957.
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In this Act-
"Act" includes an Ordinance and an Order of Her Majesty in Council;
"Assembly" means the National Assembly;
"enactment" means a provision contained in an Act, but does not include any provision laying down the legislative powers of Parliament;
"instrument" has its natural meaning and shall not be construed by reference to the definition thereof contained in section 3 of the Interpretation Act, 1957.
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(1) The Attorney-General may by legislative instrument declare that statutory instruments made under enactments specified therein are legislative in character and of sufficient importance to justify separate publication.
(2) Statutory instruments made under enactments specified under subsection (1) or under powers expressed to be exercisable by legislative instrument shall be known as legislative instruments.
(3) Legislative instruments shall be published by the Government Printer and, if a legislative instrument is published otherwise than in the Gazette, a notice of its publication shall be inserted as soon as may be in the Gazette.
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(1) 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 of them.
(2) One statutory instrument may be made under powers variously expressed as powers to make rules, regulations or other different descriptions of legislative instrument or under powers variously expressed as powers to make orders, directions or other different descriptions of executive instrument, and the provisions of the instrument may be described as being of one of those descriptions.
This subsection 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.
(3) Nothing in this section shall 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.
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(1) There may be included in a statutory instrument containing a prohibition or requirement, a provision where a person failing to comply with that prohibition or requirement is made liable to penalties.
(2) Any penalty prescribed for an offence by virtue of this section shall not exceed a fine of c5 million or imprisonment for one year or both; and in the case of a continuing offence, an additional penalty not exceeding c100,000.00 in respect of each day on which the offence continues may be prescribed by the instrument. [As Substituted by the Statutory Instruments (Amendment) Act, 1997 (Act 539)].
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(1) There may be included in a statutory instrument containing a prohibition or requirement, a provision where a person failing to comply with that prohibition or requirement is made liable to penalties.
(2) Any penalty prescribed for an offence by virtue of this section shall not exceed a fine of c5 million or imprisonment for one year or both; and in the case of a continuing offence, an additional penalty not exceeding c100,000.00 in respect of each day on which the offence continues may be prescribed by the instrument. [As Substituted by the Statutory Instruments (Amendment) Act, 1997 (Act 539)].
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Where by any Act a statutory instrument is required to be laid before the Assembly after being made, a copy of the instrument shall be so laid in accordance with Standing Orders of the Assembly at least seven days before the instrument is to come into operation:
Provided that if a Minister notifies the Speaker that it is essential that an instrument should come into operation before the preceding provisions of this section can be complied with, those provisions need not be complied with but a copy of the instrument shall be laid as aforesaid as soon as is practicable after it has been made, whether or not it has already come into operation.
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Where by any Act a statutory instrument is declared to be subject to annulment by the Assembly-
(a) the instrument shall be laid before the Assembly after being made; and
(b) if within twenty days beginning with the day on which the instrument is so laid the Assembly resolves that the instrument be annulled the instrument shall be deemed to be revoked, but without prejudice to the making of a further instrument.
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(1) A statutory instrument shall come into operation on the date specified in that behalf in the instrument or if no date is so specified, then-
(a) in the case of a legislative instrument made after the coming into operation of section 4 of this Act, [As Inserted by Official Publication Act, 1959 (No. 85 of 1959) s. 4a].
(b) in any case, on the date on which thee instrument is made: [As Substituted by Official Publication Act, 1959 (No. 85 of 1959) S. 4b)].
Provided that (No. 85 of 1959) is made after passing but before the coming into operation of the enactment under which it is made, the instrument whether or not it is previously published, shall not come into operation before the date on which the said enactment comes into operation.
(2) A statutory instrument may provide that it shall come into operation on a date earlier than the making thereof, not being a date earlier than the coming into operation of the enactment under which it is made:
Provided that no person shall be deemed to be guilty of an offence under the instrument in respect of anything done or omitted to be done before the making thereof.
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(1) Where an Act confers power to make a statutory instrument, the Act shall, unless the context otherwise requires, be deemed also to confer power, exercisable by the like authority and in the like manner, to amend or revoke the instrument.
(2) Repealed by the Interpretation Act, (CA 4), s. 34)
(3) Where a statutory instrument is amended by an Act or further statutory instrument the Attorney-General may authorise the reprinting of the whole or a part of the instrument in a form which gives effect to the amendments thereto; and when published by authority the instrument or part thereof as so reprinted shall be conclusive evidence of the provisions of the amended instrument or part.
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(1) Where an Act confers power to make a statutory instrument, the Act shall, unless the context otherwise requires, be deemed also to confer power, exercisable by the like authority and in the like manner, to amend or revoke the instrument.
(2) Repealed by the Interpretation Act, (CA 4), s. 34)
(3) Where a statutory instrument is amended by an Act or further statutory instrument the Attorney-General may authorise the reprinting of the whole or a part of the instrument in a form which gives effect to the amendments thereto; and when published by authority the instrument or part thereof as so reprinted shall be conclusive evidence of the provisions of the amended instrument or part.
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(1) Where an Act confers power to make a statutory instrument, the Act shall, unless the context otherwise requires, be deemed also to confer power, exercisable by the like authority and in the like manner, to amend or revoke the instrument.
(2) Repealed by the Interpretation Act, (CA 4), s. 34)
(3) Where a statutory instrument is amended by an Act or further statutory instrument the Attorney-General may authorise the reprinting of the whole or a part of the instrument in a form which gives effect to the amendments thereto; and when published by authority the instrument or part thereof as so reprinted shall be conclusive evidence of the provisions of the amended instrument or part.
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(1) It shall be sufficient for all purposes to cite a statutory instrument made on or after the first day of January, 1960, either by the title set out at the head of the instrument on publication or by the number allotted to the instrument on publication and the calender year.
(2) If an incorrect title is given to an instrument so made on publication the authority by whom the instrument was made may by notice in the Gazette correct the title, and subsection (1) shall thereafter have effect as if the corrected title had been set out at the head of the instrument on publication.
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Failure to observe any requirement imposed by this or any other Act as to the publication of a statutory instrument or the laying thereof before the Assembly shall not invalidate the instrument, but the Assembly may at any time resolve that an instrument as respects which any such requirement has not been observed shall be deemed never to have come into operation or shall be deemed to be revoked.
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(1) The Attorney-General may by legislative instrument-
(a) amend the provisions or any Act conferring power to make statutory instruments, being an Act passed before the coming into operation of this section, so as to bring those provisions into conformity with this Act or otherwise for the purposes of this Act;
(b) make such other provision as appears expedient for the purposes of this Act.
(2) An instrument made under this section shall be subject to annulment by the Assembly.
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Statutory Instruments (Amendment) Law, 1991(PNDCL 249).[Inserted and to be cited as the Statutory Instruments (Amendment) Act, 1997 (Act 539), s.2]
This printed impression has been carefully compared by me with the Bill which has passed the National Assembly, and found by me to be a true and correctly printed copy of the said Bill.
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(1) Where an Act confers power to make a statutory instrument, the Act shall, unless the context otherwise requires, be deemed also to confer power, exercisable by the like authority and in the like manner, to amend or revoke the instrument.
(2) Repealed by the Interpretation Act, (CA 4), s. 34)
(3) Where a statutory instrument is amended by an Act or further statutory instrument the Attorney-General may authorise the reprinting of the whole or a part of the instrument in a form which gives effect to the amendments thereto; and when published by authority the instrument or part thereof as so reprinted shall be conclusive evidence of the provisions of the amended instrument or part.
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