Emergency Powers (Hurricane, Earthquake, Fire or Flood) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-148.pdf
Published: 1957

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Emergency Powers (Hurricane, (CAP. 148 1
Earthquake, Fire or Flood)

CHAPTER 148

THE EMERGENCY POWERS (HURRICANE,
EARTHQUAKE, FIRE OR FLOOD) ACT

Arrangement of Sections
Section

1. Short title.
2. Proclamation of emergency.
3 . Cabinet authorised to make orders.
4. Exercise of power under order in good faith not

@actionable.

EMERGENCY POWERS (HURRICANE,
EARTHQUAKE, FIRE O R FLOOD),

(2lst May, 1957.)

1. This Act may be cited as the Emergency Powers Short "'Ie-
(Hurricane, Earthquake, Fire or Flood) Act.

2. (1) It shall be lawful for the Cabinet after the emergency. Proclamation of
occurrence in Antigua and Barbuda of any hurricane,
earthquake, fire or flood, to declare by proclamation in the
Gazette that a state of emergency exists.

(2) No such proclamation shall be in force for more than Duration of
Proclamation.

one month, without prejudice to the issue of another
proclamation at or before the end of that period.

LAWS 01; ANTIGUA AND BARBUDA

2 CAP. 14 8) LCnr~~qrrtcy Po wers, (Hurricane,
Eur thq~~ake , Fire or Flood)

Legislature to bc
notified of

(3 ) Whrrc a proclamation of emergency has been made,
proclamation tkr occlrsiorr thereof shall forthwith be communicated to the
required Is me*& Legislature, and, if the Legislature is then separated by such
within five dryr
if aept*,od by ~djournment or prorogation as will not expire within five
cufi( l*m~@~~ *r days, a proclamation shall be issued for the meeting of the
pmmgutfsn,

Legislature within five days and the Legislature shall
accordingly meet and sit upon the day appointed by the
proclamation, and shall continue to sit and act in like manner
as if it had stood adjourned or prorogued to the same day.

Where
Legislature is
dissolved or the
term of the
Legislature has
expired,
proclamation
nevertheless to
be issued for
meeting of
Legislature
within five days.

(4) Where a proclamation of emergency has been made,
and it is impossible to communicate the occasion thereof to
the Legislature owing to the dissolution or the expiring of
the term of the Legislature, and members of a new Legislature
have not yet been elected a proclamation shall nevertheless
be issued for the meeting of the Legislature within five days
and thereupon notwithstanding the provisions of any Act
to the contrary, the members of the late Legislature shall
assemble and the Legislature shall stand revived and shall
sit as the competent body of the Legislature but only for
the purpose of considering such proclamation of emergency
and the Legislature shall accordingly meet and sit upon the
day appointed by that proclamation.

Cabinet
authorized to

3. (1) Where a proclamation of emergency has been
make orders. made and so long as the proclamation is in force, it shall

be lawful for the Cabinet to make orders securing the essen-
tials of life to the community and for the preservation of
the health, welfare and safety of the public.

( 2 ) Orders made under this section may without
prejudice to the generality of the power conferred by sub-
section (1) provide-

(a) for the requisitioning of all forms of transport;

( 6 ) for requisitioning and regulating the supply and
distribution of food, clothing, water, fuel, light and other
necessities of life, and for fixing maximum wholesale
and retail prices in respect thereof;

( c ) for the requisitioning of private lands, buildings
and premises;

LAWS OF ANTIGUA AND BARBUDA

Emergency Powers (Hurricane, (CAP . 148 3
Earthquake, Fire or Flood)

(d) for conferring on any person the right of entry
on or passage through or over any private lands,
buildings or premises;

(e) for the demolition of any building or other struc-
ture deemed to be dangerous;

Cf) for the disposal of the dead and for dispensing
with enquiries under the Coroners Act, as amended, Cap. 105,
and from the provisions of the Births and Deaths Cap. 53.
(Registration) Act, as amended;

(g) for the payment of compensation in respect of
anything done under any order made under this Act.

(3) Any order so made shall be laid before the
Legislature as soon as may be after it has been made, and
shall not continue in force after the expiration of seven days
from the time when it is so laid unless a resolution is passed
by the Legislature providing for the continuance thereof.

(4) The orders may provide for the trial by c ~ ~ r t - s of
summary jurisdiction, of persons guilty of offences against
the orders; so, however, that the maximum penalty which
may be inflicted for any offence against any such order shall
be imprisonment with or without hard labour for a term not
exceeding six months, or a fine not exceeding three thousand
dollars, together with the forfeiture of any goods or money
in respect of which the offence has been committed:

Provided that no such orders shall alter any existing
procedure in criminal cases, or confer any right to punish
by fine or imprisonment without trial.

(5) The orders so made shall have effect as if enacted
in this Act.

(6) The expiry or revocation of any orders so made shall
not be deemed to have affected the previous operation thereof,
or the validity of any action taken thereunder, or any penalty
or punishment incurred in respect of any contravention or
failure to comply therewith, or any proceeding or remedy
in respect of any such punishment or penalty.

LAWS OF ANTIGUA AND BARBUDA

4 C A P . 148) Emergency Powers (Hurricane,
Earthquake, Fire or Flood)

Exercise of 4. No action shall be brought against any person for
power under
order in good anything done in good faith in the exercise of any powers
faith not conferred by any order made under this Act.
actionable.