CHAPTER 103
INTERPRETATION AND GENERAL PROVISIONS ACT

Arrangement of Sections

PART I

PRELIMINARY

1. Short title.

2. Application.

3. Republic bound.

PART II

GENERAL PROVISIONS RELATING TO ACTS

4. Acts to be public Acts.

5. Acts to be divided into sections.

6. Schedule, etc., part of an Act.

7. Marginal notes, etc., not part of an Act.

8. Punctuation.

PART III

PROVISIONS RELATING TO INTERPRETATION

9. Extent of application.

10. Republic not bound.

11. Acts always speaking.

12. International obligations.

13. Other rules of interpretation.

14. Citation of references.

15. Reference to a series of provisions.

16. Descriptive references to other Acts etc.

17. Application of rules of interpretation.

18. Cognate words.

19. Gender.

20. Singular and plural.

21. French expressions in Acts.

22. Meaning of words in Acts.

PART IV

CITATION AND COMMENCEMENT OF ACTS

23. Citation of Acts.

24. References to Act, etc., to include amendments.

25. Commencement of Acts.

26. Evidence of commencement of Act.

PART V

REPEAL, AMENDMENT AND EXPIRY OF ACTS

27. Amending Act construed with amended Act.

28. Repealed Act not revived.

29. Repeal of Act includes amending Acts and statutory instruments.

30. Repeal and re-enactment.

31. Effect of repeal of Act.

32. Expiry, etc., of Act.

PART VI

POWERS AND DUTIES

33. Power to be exercised from time to time.

34. Extent of powers conferred by Act.

35. Construction of powers conferred by Act.

36. Majority may act.

37. Reference to holder of office.

38. Appointment by name or office.

39. Change of title of public officer.

40. Power to relate back appointments.

41. Exercise of power between passing and commencement of Act.

42. Signification of the exercise or performance of functions.

PART VII

STATUTORY BODIES

43. Bodies corporate.

44. Acts and proceedings of statutory body.

45. Alternate member of body, etc.

46. Chairman, etc., of body.

PART VIII

GENERAL PROVISIONS REGARDING LEGAL PROCEEDINGS AND PENALTIES

47. Evidence of signature of authority.

48. Evidence.

49. Ex-officio proceedings not to abate.

50. Power to determine includes authority to administer oath.

51. Imposition of penalty no bar to civil action.

52. Person not to be twice criminally responsible for same offence.

53. Penalties are maximum penalties.

54. Offences by bodies corporate.

55. Service of documents and notices.

PART IX

MISCELLANEOUS

56. References to time.

57. Rules for computing time.

58. Distance.

59. Gazette to be evidence.

60. Fee to be paid.

61. Deviation from form.

62. Fines.

PART X

STATUTORY INSTRUMENTS

63. Publication of statutory instruments.

64. Statutory instruments to be laid before National Assembly.

65. Application of certain provisions to statutory instruments.

66. Citation of statutory instrument.

67. General provisions relating to statutory instruments.

68. Power to make statutory instruments.

69. Fees.

70. Effect of repeal, etc., of statutory instrument.

22 of 1976,

31 of 1980,

11 of 1982,

14 of 1984.

Decree 7 of 1977.

[Date of commencement: 6th September 1976]

[Note: References to the Constitution in this Act are references to the Constitution in force on 31 December 1991.]

PART I

PRELIMINARY

1. Short title.

This Act may be cited as the Interpretation and General Provisions Act.

2. Application.

(1) This Act applies to the interpretation of and otherwise in relation to—

(a) this Act;

(b) any other Act enacted before the commencement of this Act, except in so far as a contrary intention appears in this Act or in the other Act; and

(c) any other Act enacted after the commencement of this Act, except in so far as a contrary intention appears in the other Act.

(2) Part X applies to a statutory instrument, whether made before or after the commencement of this Act, except in so far as a contrary intention appears in this Act or in the Act under which the statutory instrument is or was made.

3. Republic bound.

This Act binds the Republic.

PART II

GENERAL PROVISIONS RELATING TO ACTS

4. Acts to be public Acts.

Every Act is a public Act and shall be judicially noticed as such.

5. Acts to be divided into sections.

(1) Every Act enacted after the commencement of this Act shall be divided into sections.

(2) A section of an Act has effect as a substantive enactment without any introductory words.

6. Schedule, etc., part of an Act.

(1) A Schedule to or table in an Act is part of the Act.

(2) Notes to a Schedule to or table in an Act are part of the Act.

7. Marginal notes, etc., not part of an Act.

Marginal notes and headings in an Act and references to other Acts in the margin of or at the end of an Act do not form part of the Act and shall be treated as having been inserted for convenience or reference only.

8. Punctuation.

Punctuation forms part of an Act, and regard shall be had to it accordingly in construing the Act.

PART III

PROVISIONS RELATING TO INTERPRETATION

9. Extent of application.

An Act extends to the whole of Seychelles in its application.

10. Republic not bound.

An Act does not bind the Republic unless it is expressed to do so or unless it appears to do so by necessary implication.

11. Acts always speaking.

(1) An act shall be considered as always speaking.

(2) An act or thing expressed in an Act in the present tense shall be applied to the circumstances as they arise so that effect may be given to the Act and every part of the Act according to its true spirit.

12. International obligations.

A construction of an Act which is consistent with the international obligations of Seychelles is to be preferred to a construction which is not.

13. Other rules of interpretation.

This Act does not exclude the application in any particular case of a rule of interpretation not referred to in this Act, but if this Act applies in the particular case the rule is applicable subject to this Act.

14. Citation of references.

(1) Where a provision of an Act refers—

(a) to a Part, section or Schedule by a number but does not identify it as being part of any particular Act, the reference shall be read and construed as a reference to the Part, section or Schedule, designated by that number, of or to the Act in which the reference occurs;

(b) to a Schedule but does not refer to it by a number or identify it as being a Schedule to any particular Act, the reference shall, if there is only one Schedule to the Act in which the reference occurs, be read and construed as a reference to the Schedule to the Act in which the reference occurs; or

(c) to a Division, subsection, paragraph, sub paragraph, clause, subclause, item or column by a number but does not identify it as being part of any particular Act, the reference shall be read and construed as a reference—

(i) to the Division, designated by that number, of the Part in which the reference occurs;

(ii) to the subsection, designated by that number, of the section in which the reference occurs;

(iii) to the paragraph, designated by that number, of the section, subsection, Schedule or definition, or of the clause, subclause, item or column of, or in the Schedule, in which the reference occurs;

(iv) to the sub paragraph, designated by that number, of the paragraph in which the reference occurs; or

(v) to the clause, subclause, item or column, designated by that number, of the Schedule in which the reference occurs,

as the case may require.

(2) In this section "number" means—

(a) a number expressed in words or figures;

(b) a letter; or

(c) a combination of a number so expressed and a letter,

with or without parenthesis.

15. Reference to a series of provisions.

(1) Where consecutive provisions of an Act are described by reference to the number or word by which the first and last of the provisions are designated, the description shall be read and construed as including the first and last of the provisions.

(2) In this section "number" has the same meaning as in section 14.

16. Descriptive references to other Acts etc.

Words in an Act descriptive of another Act, statutory instrument or document shall not be used as an aid to the construction of that other Act, statutory instrument or document and are intended for convenience of reference only.

17. Application of rules of interpretation.

Definitions and rules of interpretation in an Act apply to the provisions containing them as well as to the other provisions of the Act.

18. Cognate words.

Where a word is defined in an Act, any grammatical variation of the word or any cognate word in the Act has a meaning corresponding to that defined word.

19. Gender.

In an Act words importing the masculine gender include females and words importing the feminine gender include males.

20. Singular and plural.

In an Act words in the singular include the plural and words in the plural include the singular.

21. French expression in Acts.

(1) Where in an Act terms or expressions of French Law are used, they shall be interpreted in accordance with French Law.

(2) Where in an Act English words are followed by terms or expressions of French Law in parenthesis, subsection (1) applies to those terms and expressions and the English words shall be treated as being the equivalent only of those terms or expressions.

22. Meaning of words in Acts.

(1) In an Act, unless the context otherwise requires—

"Act" means—

(a) an Act made under section 58 of the Constitution;

(b) any Act, Decree or Order in Council having effect as part of the law of Seychelles by virtue of section 15 of the Constitution of the Republic of Seychelles Decree, 1979.

"act", used with reference to an offence or a civil wrong, includes an omission and extends to a series of acts or omissions or a series of acts and omissions;

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