Interpretation Act

Link to law: http://laws.gov.ag/acts/chapters/cap-224.pdf
Published: 1982

Interpretation (CAP. 224 1

CHAPTER 224

THE INTERPRETATION ACT

Arrangement of Sections
Section

1. Short title.

APPLICATION O F ACT

2. Definitions.
3 . Application of Act.
4. Rules of construction.

OPERATION OF ENACTMENTS

5. Acts are Public Acts and sections substantive enactments.
6. Private Acts.
7. Her Majesty's Rights.
8. References to the Crown.
9. Act binds Crown.

10. Preambles, marginal notes and headings.
1 1. References in enactments.
12. Amending Provisions.
13. Commencement of enactments.
14. Expiration of enactments.
15. Exercise of powers before commencement of enactment.
16. Statutory powers and duties.
17. Offences under statutory instruments.
18. Holders of Offices.
19. Power of appropriate service commission to provide for

execution of duties of public officers during
temporary absence or inability.

20, Appointment of officers by name or office.
21. Appointment of successor to office during leave of

absence prior to retirement of substantive holder.
22. Words of incorporation.
23. Offences.
24, Procedure of courts and tribunals.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 224) Interpretation

25. Appellate courts powers of.
26. Service of documents.
27. Deviation in prescribed forms.
28. Oaths, affirmations and declarations.
29. Cessation of effect of statutory provision.
30. Construction of repeals and amendments.
31. Effect of repeal.
32. Effect of substituting provisions.
33. Repeal of a repealing enactment.
34. Repeal and substitution.
35. Construction of amending law with amended law.

CONSTRUCTION OF ENACTMENTS

Enactments always speaking.
Parts of speech.
Remedial construction.
Expressions in instruments.
Interpretation provisions in enactments.
Names commonlv used.
Gender and number.
"Shall" and "may".
Time.
Distance.

STATUTORY BOARDS

46. Powers of statutory boards.
47. Appointment of statutory boards.

OFFENCES AND PENALTIES

48. Penalties prescribed to be maximum penalties.
49. Attempts.
50. Imprisonment may be imposed with or without hard

labour.
5 1 . Disposal of forfeits.
52. Statement of penalty at foot of section.
53. Pecuniary penalties.
54. Summary conviction.

PARTICULAR WORDS AND PHRASES

55. Definitions for legislative purposes.
56. Definitions for judicial purposes.

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 3

57. Definitions for official purposes.
58. Miscellaneous definitions.

CITATION

59. Citation of original or revised Acts.
60. Citation of amended Acts.
61. Construction of description of citation.

MISCELLANEOUS

62. Fiat - Evidence of signature.
63. Times for service of summons etc.
64. Power of Minister to delegate authority.
65. Change of title of public office.
66. "the Commonwealth" substituted for "British Empire".
67. Powers of Governor-General to delegate certain powers.

INTERPRETATION

1. This Act may be cited as the Interpretation Act. Short title.

APPLICATION O F ACT

2. For the purposes of this Act-

( a ) "enactment" means an Act or statutory instrument
or any provision of an Act or statutory instrument;

( b ) "instrument" includes an Order in Council
proclamation, order or warrant, scheme, rule
regulation or bye-law, other than an order made
or a warrant issued by a court;

( 6 ) "statutory instrument" means an instrument made
under an Act;

Definitions.

LAWS OF ANTIGUA AND BARBUDA

4 C A P . 224) Interpretation

(4 "statutory document" means any document issued
under an Act other than a statutory instrument or
an order of a court.

Application of 3. (1) Every provision of this Act extends and applies
Act. to every enactment passed or made before or after the

commencement of this Act, unless a contrary intention
appears in this Act or the enactment.

(2) The provisions of this Act apply to this Act as they
apply to an enactment passed after the commencement of
this Act.

Rules of 4. Nothing in this Act shall be construed as excluding
construction.

the application to an enactment of a rule of construction
applicable thereto and not inconsistent with this Act.

OPERATION O F ENACTMENTS

Acts are Public
Acts and sections

5 . (1) Every Act is a public Act and shall be judicially
substantive noticed as such, unless the contrary is expressly provided
enactments. by that Act.

(2) Every section of an Act shall have effect as a
substantive enactment without any introductory words.

Private AC~S. 6. A provision in an Act of the nature of a private
Act does not affect the rights of a person otherwise than as
therein mentioned or referred to.

Her Majesty's
Rights.

7. No enactment binds or affects in any manner Her
Majesty or Her Majesty's rights or prerogatives unless it
is expressly stated therein that Her Majesty is bound thereby.

References to the 8. A reference in an enactment to the Sovereign or
Crown. to the Crown shall be construed as a reference to the

Sovereign for the time being; and the expression "Her
Majesty" includes Her Majesty The Queen, Her Heirs and
Successors.

A C ~ binds Crown. 9. This Act binds the Crown to the full extent
authorised or permitted by the Constitution.

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 5

10. (1) The preamble to an enactment shall be :;;?:$;_
construed as a part thereof intended to assist in explaining and headings.
the purport and object of the enactment.

(2) Marginal notes and headings in an enactment and
references to other enactments in the margin of or at the
end of an enactment form no part of the enactment but shall
be deemed to have been inserted for convenience of reference
only.

1 . (1) A reference in an enactment to any other References in
enactments. enactment shall be construed as a reference to that other

enactment as for the time being amended by or under any
other enactment, including the enactment in which the
reference is made.

(2) A reference in an enactment to any statute passed
either before or after the commencement of this Act by the
Parliament of the United Kingdom or to any instrument
made under or by virtue of any such statute, shall be
construed as a reference to that statute or instrument as it
applied for the time being as part of the law of Antigua and
Barbuda.

(3) A reference in an enactment by number or letter
to a Part, section, subsection, paragraph, sub-paragraph,
or other division of another enactment shall be construed
as a reference to such Part, section, subsection, paragraph,
sub-paragraph or other division of such other enactment as
printed by authority of law.

(4) A reference in an enactment by number or letter
to two or more Parts, divisions, sections, subsections,
paragraphs, sub-paragraphs, schedules, instruments or forms
shall be read as including the number or letter first mentioned
and the number or letter last mentioned.

(5) Where in an enactment reference is made to a Part,
division, section, schedule or form without anything in the
context to indicate that a reference to a Part, division, section,
schedule or form of some other enactment is intended, the
reference shall be construed as a reference to the Part,
division, section, schedule or form of the enactment in which
the reference is made.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 224) Interpretation

(6) 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, sub-paragraph, or other division
of some other section or provision is intended, the reference
shall be construed as a reference to a subsection, paragraph,
sub-paragraph or other division of the section in which the
reference is made.

(7) 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 the division
of some other provision is intended, the reference shall be
construed as a reference to the paragraph, sub-paragraph
or other division of the schedule or part of the schedule in
which the reference is made.

(8) Where in an enactment reference is made to a
statutory instrument or statutory document, without anything
in the context to indicate that a reference to a statutory
instrument or statutory document made under some other
enactment is intended, the reference shall be construed as
a reference to the statutory instrument or statutory document,
as the case may be, made under the enactment in which
the reference is made.

(9) A reference in an enactment to any power
exercisable, to any statutory instrument or statutory
document made or issued, or to any act or thing done, under
an enactment includes a reference to a power exercisable,
a statutory instrument or statutory document made or issued
or act or thing done by virtue of that enactment or of any
statutory instrument or statutory document made or issued
under or by virtue of that enactment.

(10) The expression "herein" when used in a section
or other division of an enactment passed or made after the
commencement of this Act relates to the whole enactment
and not to that section or division only.

(1 1) Any reference in any statutory instrument to "the
Act" shall be read and construed as a reference to the Act

LAWS OF ANTIGUA AND BARBUDA

Interpretation ( C A P . 224 7

conferring the power to make or issue such statutory
instrument.

12. (1) An Act may be amended, altered or repealed tz;z;.
in the same session of the Legislature.

(2) An amending enactment shall, so far as is consis-
tent with the tenor thereof, be construed as part of the
enactment that it amends, and, without prejudice to subsec-
tion (1) of section 11, has, as from the date on which it comes
into operation, effect accordingly for the purposes of the
construction and operation of any other enactment that refers
to, or is incorporated with, the enactment that it amends.

13. (1) Every statutory instrument not expressed to Commencement
of enactments. come into force or operation on a particular day comes into

operation as law on the date upon which it is published in
the Gazette and shall be judicially noticed.

(2) Where an enactment is expressed to come into
operation on a particular day, whether that day is before
or after the date of the passing of that enactment, or where
the enactment is a statutory instrument, of the making
thereof, and whether the particular day is named in the enact-
ment or is to be appointed or fixed or ascertained in any
other manner, the enactment shall, upon publication in the
Gazette be construed as coming into force immediately on
the expiration of the day before that particular day.

(3) The date of the making of a statutory instrument
shall be the date therein expressed as the date of execution
thereof, but where the instrument is made by two or more
authorities jointly and is therein expressed to be executed
by those authorities on different dates, the date of the making
thereof is the last date so expressed.

14. (1) Where an enactment is expressed to expire, Expiration of
enactments.

lapse 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 into any session of the
Legislature for the continuance of an enactment limited to

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 224) Interpretation

expire in or during that session and that enactment expires
before such Bill, having passed both chambers of the
Legislature, receives in that session the assent of the
Governor-General, that enactment shall be deemed to have
continued as fully and effectively in operation as if such Bill
had received that assent before that enactment expired.

(3) Subsection ( 2 ) does not operate so as to render any
person liable under any enactment that has expired to any
penalty or forfeiture by reason of any act done by him before
the date on which the Bill for the continuance of that enact-
ment, having passed both chambers of the Legislature,
receives the assent of the Governor-General.

Exercise of
powers before

15. Where an enactment that is not to come into force
commencement of immediately on the passing or making thereof confers
enactment. power-

( a ) to make appointments.

( b ) to hold elections.

(c ) to make statutory instruments or issue statutory
documents,

(d) to publish documents or give notices,

( e ) to prescribe forms,

(f) to give directions, or

d g ) to do any other act or thing.
that power may, for the purpose of making the enactment
effective upon its commencement, be exercised at any time
after the passing or making thereof; but, except in so far
as may be necessary or expedient for that purpose, a statutory
instrument or statutory document made under that power
does not have effect before the commencement of the
enactment conferring the power.

Statutory powers
and duties.

16. (1) Where an enactment confers a power or
imposes a duty, the power may be exercised and the duty
shall be performed from time to time, as occasion requires.

( 2 ) Where an enactment confers a power to make any
statutory instrument the power shall be construed as including
power exercisable in the like manner and subject to the like

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 9

consent and conditions, if any, to amend, alter, rescind or
revoke, that instrument and to make other statutory
instruments in lieu thereof; but this subsection does not apply
to an order made otherwise than by a rule-making authority
in the exercise of a statutory power that is of a legislative
character.

(3) Where an enactment empowers any person or
authority to do any act or thing, all such powers shall be
deemed to be also given as are reasonably necessary to enable
that person or authority to do that act or thing or as are
incidental to the doing thereof.

(4) Where an enactment authorises or requires an act
or thing to be done collectively by more than two persons,
a majority of those persons may do that act or thing, unless
any quorum fixed by that enactment or by any other
enactment relating thereto has not been formed.

(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 all cases to which the power
extends, or in relation to all those cases subject to
specified exceptions, or in relation to any specified cases
or classes of cases, and

(6) 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 any less provision, whether by way of
exception or otherwise,

(ii) the same provision for all cases in relation to
which the power is exercised, or different
provision for different cases or classes of cases,
or different provision as respect the same case
or class of case for different purposes of the
enactment, or

(iii) any such provision either unconditionally or
subject to any specified condition.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 224) Interpretation

(6) Where an Act confers upon any person or authority
power to make a statutory instrument, the statutory
instrument so made shall be read and construed subject to
the Act under which it was made and so as not to exceed
the power of that person or authority, to the extent that where
any such statutory instrument would, but for this sub-
section, have been construed as being in excess of the power
conferred upon that person or authority, the statutory
instrument is nevertheless valid to the extent to which it is
not in excess of that power.

(7) Where an Act confers upon any person or authority
power to make a statutory instrument, any act done under
a statutory instrument so made shall be deemed to have been
done under the Act that conferred the power to make the
statutory instrument.

(8) Notwithstanding that a statutory instrument or
statutory document is expressed or purports to be made or
issued by a person or authority under a specific enactment,
it shall be deemed also to be made or issued by that person
or authority under all powers thereunto enabling that person
or authority.

(9) Where an enactment confers power to any authority
to make any statutory instrument for any general purpose
and also for any special purpose incidental thereto, the
enumeration of the special purposes shall not be deemed to
derogate from the generality of the powers conferred with
respect to the general purpose.

Offences under
statutory
instruments.

17. (1) Where an enactment confers a power to make
any statutory instrument there may be annexed to a breach
of that statutory instrument, in the absence from the
enactment conferring the power of any specific provision to
the contrary, a punishment by way of a fine not exceeding
five thousand dollars.

(2) Where an enactment confers power to make a
statutory instrument an offence under that statutory
instrument is punishable on summary conviction.

Holders of
Offices.

18. (1) Subject to the Constitution, words in an enact-
ment authorising the appointment of a person to any office

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 11

shall be deemed also to confer on the authority in whom
the power of appointment is vested-

(a) power, at the discretion of the authority, to
remove or suspend him, and

(6) power, exercisable in the like manner and
subject to the like consent and conditions, if any,
applicable on his appointment-

(i) to re-appoint or re-instate him,

(ii) to appoint another person in his stead, or to
act in his stead whether or not there is a
substantive holder of the office, and to pro-
vide for the remuneration of the person so
appointed, and

(iii) to fix or vary his remuneration, to withhold
his remuneration in whole or in part during
any period of suspension from office, and to
terminate his remuneration on his removal
from office;

but where the power of appointment is only exercisable upon
the recommendation or subject to the approval, consent or
concurrence of some other person or authority the power
of removal shall, unless the contrary intention is expressed
in the enactment , be exercised only upon the
recommendation, or subject to the approval, consent or con-
currence of that other person or authority.

(2) In an enactment a reference, without qualification,
to the holder of any office includes a reference to any person
for the time being charged with the execution of the powers
and duties of the office and, in particular,

(a) words in an enactment directing or empowering
the holder of an office to do any act or thing, or other-
wise applying to him by the name of his office, apply
to his successors in office and to any person duly
appointed to act for him,

(6) where an enactment confers a power or imposes
a duty on the holder of an office, as such, the power
may be exercised and the duty shall be performed by
the person for the time being charged with the execution
of the powers and duties of the office.

Power of
appropriate
service
commission to
provide for
execution of
duties of public
officers during
temporary
absence or
inability.

Appointment of
officers by name
or office.

Appointment of
successor to
office during
leave of absence
prior to
retirement of
substantive
holder.

Words of
incorporation.

LAWS OF ANTIGUA AND BARBUDA

CAP. 224) Interpretation

19. Where by or under any Act any powers are
conferred or any duties are imposed upon a public officer,
the appropriate service commission may direct that, if during
any period owing to absence or inability to act from illness
or any other cause such public officer shall be unable to
exercise the powers or perform the duties of his office in any
place under his jurisdiction or control, such powers shall be
had and may be exercised and such duties shall be performed
in such places by the person named by, the appropriate
service commission, and thereupon such person or public
officer during any period as aforesaid shall have and may
exercise the powers and shall perform the duties aforesaid,
subject to such conditions, exceptions and qualifications, as
the appropriate service commission may direct.

20. Where by or under any Act the Governor-General
or any Minister, public officer or body is empowered to
appoint or name a person to have and exercise any powers
or perform any duties the Governor-General or such
Minister, public officer or body may either appoint a person
by name or direct the person for the time being holding the
office designated by the Governor-General or by such
Minister, public officer or body to have and exercise such
powers and perform such duties; and thereupon or from the
date specified by the Governor-General or by such Minister,
public officer or body, the person appointed by name or the
person for the time being holding the office aforesaid shall
have and may exercise such powers and perform such duties
accordingly.

21. When a substantive holder of any office con-
stituted by or under any Act is on leave of absence pending
relinquishment of his office, it shall be lawful for another
person to be appointed substantively to the same office.

22. Words in an enactment passed or made after the
commencement of this Act and establishing or providing for
the establishment of a body corporate,

(a) vest in that body when established power to sue
and be sued, to contract and be contracted with by its
corporate name, to have a common seal and to alter

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 13

or change it at pleasure, to have perpetual succession,
to acquire and hold real and personal property for the
purposes for which the body corporate is constituted,
to dispose of or charge such property at pleasure, and
to regulate its own procedure and business,

(6) operate to require that judicial notice shall be
taken of the corporate seal of that body, and that every
document purporting to be a document sealed by that
body and to be attested in accordance with the statutory
provisions, if any, applicable to the attestation of
documents so sealed shall, unless the contrary is proved,
be received in evidence and be deemed to be such a
document without further proof,

(G) vest in a majority of the members of the body
the power, subject to any quorum fixed by the enact-
ment under which it is established or by any relevant
standing orders, to bind other members thereof, and

(6) exempt from personal liability for the debts,
obligations or acts of that body, such members thereof
as do not contravene the provisions of the enactment
under which the body is established.

23. (1) Where an act or omission constitutes an Offences.
offence under two or more enactments or under an enact-
ment and any other law in force in Antigua and Barbuda,
the offender is liable to be prosecuted and punished under
either or any of those enactments or under that other law,
but he is not liable to be punished twice for the same offence.

(2) An enactment creating criminal liability for an act
or omission that, apart from the enactment, would give rise
to civil liability does not operate to prejudice the civil liability;
but this subsection shall not be construed as excluding the
application of any rule of law that restricts the right to take
civil proceedings in respect of an act or omission that would
have constituted a felony at common law.

24. Where an enactment passed or made after the :;,";;'sd;z~f
commencement of this Act confers any iurisdiction on a court tribunals. , .,
or other tribunal or extends or varies the jurisdiction of a
court or tribunal, the authority having for the time being
power to make rules o r orders regulating the practice and

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 224) Interpretation

procedure of that court or tribunal, may make such rules
and orders, including rules or orders regulating costs, fees,
witnesses and other expenses, as appear to the authority to
be necessary for regulating the practice and procedure of
such court or tribunal in the exercise of the jurisdiction so
conferred, extended or varied; and it is not necessary for
any enactment to confer power on the authority to make
any rules or orders for those purposes.

Appellate courts
powers of. 25. (1) Where an enactment passed or made after

the commencement of this Act provides that an appeal against
any decision or determination of a court, tribunal, authority
or person, in this section called the "original tribunal", may
be brought to any court, in this section called the "appellate
court", that appellate court may, for all the purposes of and
incidental to hearing or determining that appeal, exercise
all the powers, authority and jurisdiction of the original
tribunal.

(2) In addition the appellate court may-

(a) confirm, reverse or vary the decision or deter-
mination of the original tribunal,

( b ) remit the appeal or any matter arising thereon
to the original tribunal with such declaration or
directions as the appellate court may think proper, or

(c) make such order as to costs and expenses as
the appellate court may think proper.

(3) The original tribunal shall have regard, to all such
declarations and obey all such directions, if any, as may be
given by the appellate court pursuant to paragraph ( b ) of
subsection (2).

(4) Orders made by an appellate court have the like
effect and may be enforced in like manner as orders made
by the original tribunal.

Service of 26. (1) Where an enactment authorises or requires
documents.

a document to be served by post, whether the word "serve"
or any of the words "give", "deliver" or "send" or any
other word is used, the service of the document may be
effected by prepaying, registering and posting an envelope

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 15

addressed to the person on whom the document is to be served
at his usual or last known place of abode or business and
containing such document; and, unless the contrary is proved,
the document shall be deemed to have been served at the
time at which such envelope would have been delivered in
the ordinary course of post.

(2) Where an enactment passed or made after the
commencement of this Act authorises or requires a document
to be served on any person without directing it to be served
in a particular manner, the service of that document may
be effected either-

(a) by personal service, or

(6) by post in accordance with subsection (I), or

( c ) by leaving it for him with some person
apparently over the age of sixteen years at his usual or
last known place of abode or business, or

(6) in the case of a corporate body or of any
association of persons, whether incorporated or not, by
delivering it to the secretary or clerk of the body or
association at the registered or principal office of the
body or association or serving it by post on such secretary
or clerk at such office, or

(e) if it is not practicable after reasonable inquiry
to ascertain the name or address of an owner, lessee,
or occupier of premises on whom the document should
be served, by addressing the document to him by the
description of "owner" or "lessee" or "occupier", as
the case may be, of the premises (naming them) to which
the document relates, and by affixing it or a copy of
it, to some conspicuous part of the premises.

27. Where a form is prescribed or specified by an ~;~~~;;i;rms.
enactment, deviations therefrom not materially affecting the
substance nor calculated to mislead do not invalidate the form
used.

28. (1) Where an enactment authorises or requires ations ions and
evidence to be taken on oath, or authorises or directs an declarations.
oath to be made, taken or administered, the oath may be
administered, and a certificate or acknowledgement of its

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 224) Interpretation

Cap. 2.

having been made, taken or administered may be given, by
anyone authorised by the enactment to take the evidence,
or by a judge of any court, a notary public, or a commissioner
for oaths or justice of the peace haying authority or
jurisdiction in the place where the oath is administered.

(2) In every enactment, the words "oath", and
"affidavit" in respect of persons for the time being allowed
by law to affirm or declare instead of swearing, include
affirmation and declaration; qnd the word "swear" in like
case includes affirm and declare.

(3) A reference in an enactment to a statutory
declaration shall be construed,

( a ) if made in Antigua and Barbuda, as a reference
to a declaration made under and by virtue of and in
accordance with the Abolition of unnecessary Oaths Act,

( b ) if made in any part of the Commonwealth
beyond Antigua and Barbuda, as a reference to a
declaration made before a justice of the peace, notary
public, or other person having authority therein under
any law for the time being in force to take or receive
a declaration, or

( c ) if made in any other place, as a reference to
a declaration made before a consul-general, consul, vice-
consul or consular agent in the service of the
Government or a person for the time being authorised
to perform the functions of such consul-general, consul,
vice-consul or consular agent or before any other person
having authority under any law for the time being to
take or receive a declaration.

(4) A power conferred by an enactment, passed or made
after the commencement of this Act, upon a justice of the
peace to administer any oath or affirmation, or to take any
affidavit or declaration, may be exercised by a notary public.

Cessation of 29. Where in an enactment it is declared that the
effect of statutory
provision. whole or part of any enactment is to cease to have effect,

the latter enactment shall be deemed to have been repealed
to the extent to which it is so declared to cease to have effect.

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 17

30. (1) The repeal of any law or enactment shall not Construction of
repeals and

be deemed to involve a declaration that such law or enactment
was or was considered by the Legislature to have previously
been in force in Antigua and Barbuda.

(2) The amendment of an enactment shall not be
deemed to be or to involve a declaration that the law under
such an enactment was, or was considered by the Legislature
to have been, different from the law as it has become under
such enactment as so amended.

(3) The repeal or amendment of any enactment shall
not be deemed to be or to involve any declaration whatsoever
as to the previous state of the law.

(4) The Legislature shall not, by re-enacting any
enactment, or by revising, or consolidating the same, be
deemed to have adopted the construction that has, by judicial
decision or otherwise, been placed upon the language used
in such enactment, or upon similar language.

(5) Nothing in this section shall be deemed to apply
in respect of any repeal, amendment, re-enactment, revision,
or consolidation made before the commencement of this Act.

3 1. ( 1 ) Where an enactment repeals or revokes an Efffect of repeal.
enactment, the repeal or revocation does not, except as in
this section otherwise provided,

( a ) revive any enactment or thing not in force or
existing at the time at which the repeal or revocation
takes effect, or

( 6 ) affect the previous operation of the enactment
so repealed or revoked, or anything duly done or suffered
thereunder, or

(c) affect any right, privilege, obligation or liability
acquired, accrued or incurred under the enactment so
repealed or revoked, or

(6) affect any offence committed against the
enactment so repealed or revoked, or any penalty or
forfeiture or punishment incurred in respect thereof, or

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 224) Interpretation

(e) affect any investigation, legal proceeding or
remedy in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced, and any such
penalty, forfeiture or punishment may be imposed, as
if the enactment had not been repealed or revoked.

(2) Nothing in subsection (1) shall be taken to authorise
the continuance in force after the repeal or revocation of an
enactment of any instrument made under that enactment.

(3) Where at any time an enactment expires, lapses or
ceases to have effect, this section applies as if that enactment
had then been repealed or revoked.

(4) The inclusion in the repealing provisions of an enact-
ment of any express saving with respect to the repeals ef-
fected thereby shall not be taken to prejudice the operation
of this section with respect to the operation of those repeals.

Effect of
substituting

32. (1) Where an enactment repeals or revokes and
provisions. re-enacts with or without modification, any enactment, a

reference in any other enactment to the enactment so repealed
or revoked shall, without prejudice to the operation of sub-
sections (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 subsection (3) called the
"old enactment") and substitutes another enactment therefor
by way of amendment, revision or consolidation-

(a) all officers and persons acting under the old
enactment shall continue to act, as if appointed under
the enactment so substituted.

( b ) every bond and security given by a person
appointed under the old enactment remains in force and
all offices, books, papers and things used or made under
the old enactment shall continue to be used as theretofore
so far as consistent with the enactment so substituted.

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 19

(c) all proceedings taken under the old enactment
shall be prosecuted and continued under and in
conformity with the enactment so substituted, so far as
consistently may be,

(d) in the recovery or enforcement of penalties
incurred, and in the enforcement of rights existing or
accuring 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 any penalty, forfeiture or punishment is
reduced or mitigated by any of the provisions of the
enactment so substituted, the penalty, forfeiture or
punishment, if imposed or adjudged after such repeal
or revocation, shall be reduced or mitigated accordingly.

(3) Without prejudice to subsection (2), where an
enactment repeals or revokes an enactment and substitutes
another enactment therefor by way of amendment, revision
or consolidation-

(a ) all statutory instruments or statutory documents
made, confirmed or granted under the old enactment
and all decisions and authorisations, directions, consents,
applications, requests or things made, issued, given or
done thereunder shall, in so far as they are in force at
the commencement of the enactment so substituted, and
are not inconsistent therewith, have the like effect and
the like proceedings may be had thereon and in respect
thereof as if they had been made, issued, given or done
under the corresponding provision of the enactment so
substituted, and

( 6 ) any reference to that old enactment in any
unrepealed or unrevoked enactment shall in relation to
any subsequent transaction, matter or thing, be
construed as a reference to so much of the enactment
so substituted as relates to the same subject matter as
the old enactment, and, if nothing in the enactment so
substituted relates to the same subject matter, the old
enactment shall stand good and be read and construed
as unrepealed or unrevoked in so far, and in so far only,
as is necessary to support, maintain, or give effect to
such unrepealed or unrevoked enactment.

LAWS OF ANTIGUA AND BARBUDA

CAP. 224) Interpretation

Repeal of a
repealing
enactment.

Repeal and
substitution.

Construction of
amending law
with amended
law.

Enactments
always speaking.

Parts of speech.

Remedial
construction.

Expressions in
instruments.

33. Where any law repealing in whole or in part any
former law is itself repealed, such last repeal shall not revive
the law before repealed unless words be added reviving such
law.

34. Where any law repeals wholly or partially any
former law and substitutes provisions for the law repealed,
the repealed law shall remain in force until the substituted
provisions come into operation.

35. Where one law amends another law the amending
law shall, so far as it is consistent with the tenor thereof and
unless the contrary intention appears, be construed as one
with the amended law.

CONSTRUCTION OF ENACTMENTS

36. (1) Every enactment shall be construed as always
speaking and if anything is expressed in the present tense
it shall be applied to the circumstances as they occur so that
effect may be given to each enactment according to its true
spirit, intent and meaning.

(2) The expression "now", "next", "heretofore" or
"hereafter" shall be construed as referring to the time when
the enactment containing the expression came into force.

37. Where a word is defined in an enactment, other
parts of speech and grammatical variations and cognate
expressions of that word have corresponding meanings in
that enactment.

38. Every Act, and every provision thereof, shall be
deemed remedial, whether the immediate import is to direct
the doing of any thing that the Legislature deems to be for
the public good, or to prevent or punish the doing of any
thing that it deems contrary to the public good, and shall
accordingly receive such fair, large and liberal construction
and interpretation as will best ensure the attainment of its
true spirit, intent and meaning.

39. Where an enactment confers power to make any
statutory instrument or issue any statutory document,
expressions used in the instrument or document have the

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 2 1

same respective meanings as in the enactment except a
contrary intention appears or they are otherwise defined in
such instrument or document or are inconsistent with the
subject or context.

40. (1) Definitions or rules of interpretation contained provisions Interpretation in
in an enactment apply to the construction of the provisions ena,tments~
of the enactment that contain those definitions or rules of
interpretation, as well as to the other provisions of the
enactment.

(2) An interpretation section or provision contained in
an enactment shall be read and construed as being applicable
only if a contrary intention does not appear in the enactment.

41. In an enactment, a name commonly applied to Names commonly
a country, place, Government department, body, used.
corporation, society, minister, officer, functionary, person,
party, statutory provision, or other thing, means the country
place, Government department, body, corporation, society,
minister, officer, functionary, person, party, statutory
provision, or other thing to which the name is commonly
applied in Antigua and Barbuda, whether or not the name
is the formal or unabbreviated designation thereof.

42. (1) Words in an enactment importing, whether Gender and
number.

in relation to an offence or not, persons or male persons
include male and female persons, corporations, whether
aggregate or sole, and unincorporated bodies of persons.

(2) In an enactment-

(a) words in the singular include the plural, and

(6 ) words in the plural include the singular.

(3) Without prejudice to subsections (1) and (Z), a
reference in an enactment to a party aggrieved includes a
reference to a body corporate in every case where that body
is a party aggrieved.

43. In an enactment the expression "shall" shall be ::Shall" and
may".

construed as imperative, and the expression "may" as
permissive and empowering.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 224) Interpretation

Time. 44. (1) Words in an enactment relating to time and
a reference therein to a point of time shall be construed as
relating or referring to the standard time adopted for Antigua
and Barbuda.

(2) Where in an enactment a period of time is express-
ed to begin on, or to be reckoned from, a particular day,
that day shall not be included in the period.

(3) Subject to subsection ( 5 ) 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.

(4) Where the time limited by an enactment for the
doing of anything expires or falls upon a Sunday or a public
holiday, the time extends to and the thing may be done on
the first following day that is not a Sunday or a public holiday.

( 5 ) Where by an enactment a period of time prescribed
for the doing of anything does not exceed six days Sundays
and public holidays shall not be included in the computation
of the time.

(6) Where by an enactment a period of time is expressed
as "clear days" or the term "at least" is used, both the
first day and the last day shall be excluded from the
computation of the period.

(7) Where by an enactment no time is prescribed or
allowed within which anything shall be done, such thing shall
be done with all convenient speed, and as often as the
prescribed occasion arises.

(8) In an enactment

( a ) a reference to midnight, in relation to any
particular day, shall be construed as reference to the
point of time at which that day ends;

( 6 ) a reference to a week-day shall be construed
as a reference to a day that is not a Sunday;

(c) a reference to a month shall be construed as
a reference to a calendar month;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 23

(d) a reference, without qualification, to a year shall
be construed as a reference to a period of twelve months.

(9) In an enactment the expression "public holiday"
means any day or part of a day that under the provisions
of any law for the time being in force is or is defined to be
or proclaimed as a public holiday.

45. In the measurement of any distance for the Distance.
purpose of any enactment, that distance shall, unless the
contrary intention appears, be measured in a straight line
on a horizontal plane.

STATUTORY BOARDS

46. Where by or under any enactment any statutory Powers of
board is established, then, unless the contrary intention

statutory boards.

appears, and subject to any requir. ment of that enactment
with respect to a quorum, the powers of such statutory board
shall not be affected by-

( a ) any vacancy in the membership thereof;

(b) the fact that it is afterwards discovered that there
was some defect in the appointment or qualification of
a person purporting to be a member thereof;

(c) the fact that there was any minor irregularity in
the convening of any meeting thereof.

47. (1) Where an enactment passed or made after ~ ~ ~ ~ ~ m ; ~ ; ~ .
the commencement of this Act confers upon any person or
authority the power to appoint or name a person to be a
member of a statutory board, or to have and exercise any
powers, or to perform any duties, in respect of a statutory
board, that person or authority may either appoint an
individual by name or direct the individual for the time being
holding the office designated by that person or authority to
be a member of the statutory board, or to have and exercise
those powers or to perform those duties; and thereupon or
from the date specified by that person or authority, the
individual so appointed is a member of that statutory board
or has and may exercise those powers, or shall perform those
duties accordingly, as the case may be.

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 224) Interpretation

Penalties
prescribed to be
maximum
penalties.

Attempts.

(2) Where by or under an enactment passed or made
after the commencement of this Act power is conferred upon
any person or authority to appoint all the members of a
statutory board, that power includes

(a) the power to appoint the chairman of the
statutory board from time to time as occasion requires,
and

( b ) the power to appoint individuals as alternate
members of the statutory board;

and where any alternate member is appointed under this
subsection to a statutory board the alternate member shall
act as a member only when the member to whom he is
alternate is for any reason unable to perform his duties as
a member, and the alternate member when so acting for
the member has all the powers and may perform all the
functions of the member to whom he is the alternate member.

OFFENCES AND PENALTIES

48. Whenever in any law a penalty is provided for
an offence against that law, such provision shall, unless the
contrary intention appears, be construed as fixing the
maximum penalty for that offence, and the offender, on being
found guilty, shall be liable to any penalty not exceeding
the prescribed penalty; and it shall not be necessary in the
law prescribing the penalty to use the expressions "not
exceeding", "a term not exceeding", "on conviction
thereof' or any similar expressions.

49. Where an enactment creates an offence, the
enactment shall be deemed to provide also that an attempt
to commit that offence is an offence under the enactment
and punishable as if the offence itself had been committed.

Imprisonment 50. Where by any law a court is empowered to order
may be imposed
with or without imprisonment, either peremptorily or in default of payment,
hard labour. of any pecuniary penalty, upon conviction for an offence,

the court may, in the absence of express provision to the
contrary in the same or any other law, order the offender
to be imprisoned either with or without hard labour, and
it shall not be necessary in the law prescribing the penalty
to state that any such imprisonment may be with or without
hard labour.

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 2 5

5 1. (1) Where under an enactment any animal or Disposal of
forfeits. thing is or is ordered by a competent authority to be

confiscated or forfeited, it shall be deemed to be forfeited
to the Crown for the purposes of Antigua and Barbuda.

(2) Where under an enactment any animal or thing
ordered or deemed to be forfeited to the Crown is required
to be sold, the net proceeds of any such sale shall be paid
into and form part of the general revenue of Antigua and
Barbuda.

(3) Nothing in this section prejudices any enactment
under which any fine, penalty or forfeit or any part thereof,
or the proceeds of any forfeit or part thereof, is recoverable
by any person or may be granted by any authority to any
person.

52. Whenever in any law a penalty is set out at the statement of
penalty at foot of foot or end of any section the same shall indicate that any se,tion~

contravention of the section whether by act or omission shall
be an offence against that law and shall, unless the contrary
intention appears, be punishable by a penalty not exceeding
the penalty stated.

53. Where a fine or pecuniary penalty is imposed by FtztEi
or under an enactment, the fine or penalty is payable into
the general revenue of Antigua and Barbuda.

54. Where in an enactment an offence is declared to summary conviction.
be punishable on summary conviction, the procedure in
respect of the trial and punishment of the offence and the
recovery of the penalty, and all 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 Magistrate's Cap. 255-
Code of Procedure Act.

PARTICULAR WORDS AND PHRASES

55. (1) In an enactment- Definitions for
legislative
purposes.

"Act" means an Act of Parliament and when used in
relation to legislation shall include private Act and
any statutory instrument or other subsidiary
legislation made under the authority of any Act;

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 224) Interpntation

"Chamber" means the Senate or the House of
Representatives, as the context requires;

"the House" means the House of Representatives;

"law" means any law in force in Antigua and Barbuda
or any part thereof, including any instrument
having the force of law and any unwritten rule of
law and "lawful" and "lawfully7' shall be construed
accordingly;

"the Legislature" means the Parliament of Antigua and
Barbuda;

"Parliament" means the Parliament of Antigua and
Barbuda;

"President" and "Vice-President" means the respective
persons holding office as President and Vice-
President of the Senate;

< 6 regulation" includes any rule, by-law, order, form or
notice, issued or made under the authority of any
law;

"rule" includes regulation and has the same meaning
as that expression;

"the Senate" means the Senate of Antigua and Barbuda;

"session" means the period beginning when the Senate
or the House first meets after any prorogation or
dissolution of Parliament and ending when
Parliament is prorogued or is dissolved without
having been prorogued;

"sitting" means in relation to either House of
Parliament the period during which that House is
sitting continuously without adjournment and
includes any period during which it is in committee;

"Speaker" and "Deputy Speaker" means the respective
persons holding office as Speaker and Deputy
Speaker of the House;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 2 7

"statute" means any Act, statutory instrument or other
subsidiary legislation for the time being having the
force of law in Antigua and Barbuda;

"subsidiary legislation" means any statutory instrument
as well as any direction, notice or form made under
any Act, or other lawful authority and having
legislative effect.

"written law" means any Act and any subsidiary
legislation which includes Orders, Proclamations,
Rules, Bye-Laws, or Regulations made or issued
by any body or person having power or authority
under any Act.

(2) A reference in any enactment passed or made after
the commencement of this Act to the laying of any statutory
instrument or statutory document or report, account or other
document before either chamber of the Legislature shall be
construed as a reference to the taking, during the existence
of the Legislature, of such action as is directed by virtue
of any Standing Order or other direction of that chamber
for the time being in force to constitute the laying of that
document before that chamber, or as is accepted by virtue
of the practice of that chamber, for the time being as
constituting such laying, notwithstanding that the action so
directed or accepted consists in part or wholly in action
capable of being taken otherwise than at or during the time
of sitting of that chamber.

(3) A reference in any enactment passed or made after-
the commencement of this Act to the laying of any statutory
instrument, statutory document, or report, account or other
document before the Legislature shall, subject to subsection
(2) be construed as a reference to the laying of that document
before each chamber of the Legislature.

(4) The expression "subject to affirmative resolution
of the Legislature", when used in relation to any statutory
instruments or statutory documents, means that those
instruments or documents shall not come into operation
unless and until affirmed by a resolution of each chamber
of the Legislature.

CAP. 224)

LAWS OF ANTIGUA AND BARBUDA

Interpretation

(5) The expression "subject to affirmative resolution
of the House", when used in relation to any statutory instru-
ments or statutory documents, means that those instruments
or documents shall not come into operation unless and until
affirmed by a resolution of the House.

(6) The expression "subject to negative resolution of
the Legislature", when used in relation to any statutory
instruments or statutory documents, means that those
instruments or documents shall, as soon as may be after they
are made, be laid before each chamber of the Legislature,
and if either chamber, within the period prescribed by the
standing orders of that chamber or by the enactment
authorising those instruments or documents, as the case may
be, resolves that any of those instruments or documents shall
be annulled, that instrument or document is void as from
the date of the resolution, but without prejudice to the validity
of anything done thereunder or to the making of a new instru-
ment or document.

(7) The expression "subject to negative resolution of
the House", when used in relation to any statutory
instruments or statutory documents, means that those
instruments or documents shall, as soon as may be after they
are made, be laid before the House and if the House, within
the period prescribed by the standing orders of the House
or by the enactment authorising those instruments or
documents, as the case may be, resolves that any of those
instruments or documents shall be annulled, that instrument
or document is void as from the date of the resolution, but
without prejudice to the validity of anything done thereunder
or to the making of a new instrument or document.

Definitions for 56. In an enactment the expression-
judicial purposes.

"Chief Justice" means the Chief Justice of the Supreme
Court;

"Chief Registrar" means the person appointed under
section 12 of the Supreme Court Order to be Chief
Registrar and includes any person performing the
functions of Chief Registrar pursuant to subsection
(3) of that section;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 29

"committed for trial" used in relation to any person
means committed to prison with the view of being
tried before a judge and jury by any authority
having power to commit a person to prison with
a view to his trial, and includes a person who is
admitted to bail upon a recognizance to appear and
take his trial before a judge and jury;

' 6 court" means any court of Antigua and Barbuda of
competent jurisdiction;

"the Court of Appeal" and "the High Court" means
respectively the Court of Appeal and High Court
of Justice established by the Supreme Court Order;

"indictment" means a written accusation signed by the
Director of Public Prosecutions or other authorised
person and presented to the Supreme Court
charging any person or persons with the commission
of one or more crimes, and includes any criminal
information triable by jury;

"indictable offence" means an offence triable on
indictment;

"judge" includes the Chief Justice, a judge of the Court
of Appeal and a puisne judge of the Supreme Court;

"a justice" or "a justice of the peace" means a person
appointed by the Governor-General to be a justice
of the peace in and for Antigua and Barbuda;

"magistrate7' means a district magistrate;

L c preliminary inquiry" means an inquiry held by a

magistrate under and in accordance with the
Magistrate's Code of Procedure Act or any Act Cap. 255.
amending or substituted for that Act;

"printed by authority of law" means printed by the
Government Printer;

"Registrar" or "Registrar-General" means the
Registrar of the Supreme Court;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 3 1

parts of such dominions are under both a central
and a local legislature, all parts under the central
legislature are deemed, for the purposes of this
definition, to be one British possession.

"British subject" and "Commonwealth citizen" have
the same meaning, that is-

(i) a person who under the British
Nationality Act 1948 is a citizen of the 1948 c. 5 6 .
United Kingdom and Colonies or who
under any enactment for the time being
in force in a country mentioned in section
1 (3) of that Act is a citizen of that
country; and

(ii) any other person who has the status of
a British subject under that Act or any
subsequent enactment;

"Cabinet" means the Cabinet of Antigua and Barbuda
established by the Constitution;

"Caribbean Community" or "Caricom" means the
Caribbean Community established by the Treaty
signed on 4 July 1973 at Chaguaramas, Trinidad;

"Colony" means any part of Her Majesty's dominions
outside the British Islands except-

(i) countries having fully responsible status
within the Commonwealth;

(ii) territories for whose external relations a
country other than the United Kingdom
is responsible;

(iii) Associated States;
and where parts of such dominions are under both
a central and local legislature, all parts under the
central legislature are deemed, for the purposes of
this definition, to be one colony;

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 224) Interpretation

"rules of court", when used in relation to any court,
means rules made by the authority having for the
time being power to make rules or orders regulating
the practice and procedure of that court;

" summary conviction" means summary conviction
before a magistrate in accordance with the

Cap. 255. provisions of the Magistrate's Code of Procedure
Act or any Act amending or substituted for that Act;

" Supreme Court" means the Eastern Caribbean
Supreme Court established under and by virtue of

S.I. 19671223. the Supreme Court Order;

"the Supreme Court Order" means the West Indies
Associated States Supreme Court Order 1967.

Definitions for
official purposes.

Cap. 44.

57. In an enactment the expression-

" Accountant-General)) means the Accountant-General
of Antigua and Barbuda;

"appropriate Service Commission" means the Public
Service Commission, the Police Service
Commission or the Judicial and Legal Services
Commission;

"Associated State" means a territory maintaining a
status of association with the United Kingdom in
accordance with the West Indies Act, 1967;

"Attorney-General" means the Attorney-General of
Antigua and Barbuda;

"the Barbuda Council" means the Council established
under and by virtue of the Barbuda Local
Government Act, and any Act amending or
substituted for that Act;

"British Islands" means the United Kingdom, the
Channel Islands and the Isle of Man;

"British possession" means any part of Her Majesty's
dominions outside the United Kingdom; and where

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 224) Interpretation

< < Commissioner of Income Tax" means the
Commissioner of Income Tax of Antigua and
Barbuda;

"Commissioner of Inland Revenue" means the
Commissioner of Inland Revenue of Antigua and
Barbuda;

"Commissioner of Police'' means the Commissioner of
Police of Antigua and Barbuda;

"Commonwealth" means Antigua and Barbuda,
Australia, the Bahamas, Bangladesh, Barbados,
Belize, Botswana, Brunei Darussalam, Canada,
Cyprus, Dominica, The Gambia, Ghana, Grenada,
Guyana, India, Jamaica, Kenya, Kiribati, Lesotho,
Malawi, Malaysia, The Maldives, Malta,
Mauritius, Nauru, New Zealand, Nigeria, Papua-
New Guinea, Saint Kitts and Nevis, St. Lucia,
St. Vincent and the Grenadines, Seychelles, Sierra
Leone, Singapore, Soloman Islands, Sri Lanka,
Swaziland, Tanzania, Tonga, Trinidad and
Tobago, Tuvalu, Uganda, United Kingdom and
Colonies, Vanuatu, West Somoa, Zambia,
Zimbabwe, and any dependency of any such
country:
Provided that the Attorney-General may from time

to time, by order published in the Gazette, add any
country to or delete any country from the countries so
specified.

"Comptroller of Customs" means the Comptroller of
Customs of Antigua and Barbuda;

"Consolidated Fund" means the Consolidated Fund for
which provision is made in Chapter VI of the
Constitution;

Cap. 254.

"constable" means a police officer below the rank of
subordinate police officer of the Police Force and
includes a local constable appointed under the Local
Constables Act;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 3 3

"the Constitution" or "the Constitution of Antigua and
Barbuda" means the Constitution of Antigua and
Barbuda set out in Schedule 1 to the Antigua and
Barbuda Constitution Order, 1981, and includes s.1. 1981lllo6.
any law that amends or replaces any of the provi-
sions of that Constitution;

< L consul" and "consular officer" means any person
including the head of a consular post, recognised
by the competent authority of the receiving state
as entrusted in that capacity with the exercise of
consular functions;

"Crown Agents" means all or any of the persons
designated Crown Agents in the United Kingdom
for Overseas Governments and Administrations;

"Director of Audit" means the Director of Audit
appointed under the Constitution;

"Director of Public Prosecutions" means the Director
of Public Prosecutions appointed under the
Constitution;

"East Caribbean7' or "Eastern Caribbean" means
Antigua and Barbuda St. Christopher and Nevis,
Montserrat, the Commonwealth of Dominica, St.
Lucia, St. Vincent and the Grenadines, Grenada
and the dependencies of any of those countries:

Provided that the Governor-General may from time
to time, by order published in the Gazette, add any
country to or delete any country from the countries so
specified;

"Financial Secretary" means the Financial Secretary
of Antigua and Barbuda;

"financial year" means, in relation to matters relating
to the Consolidated Fund or moneys provided by
Parliament, or to the revenue, expenditure and
accounts of any local government council or
authority the twelve months ending with 31st
D e c e m b e r ;

CAP. 224)

LAWS OF ANTIGUA AND BARBUDA

Interpretation

"the Gazette' ' or "the Official Gazette7' means the Official
Gazette printed and published in Antigua and
Barbuda by order of the Government for and on
behalf of the Government and includes supplements
thereto and any special or extraordinary Gazette so
published;

"gazetted" means published in the Gazette;

"general revenue", "public revenue", "public funds7'
means the revenues of the Government receivable
by and paid into the Treasury;

6' Government" means the Government of Antigua and
Barbuda;

"Government Printer" means any person for the time
being authorised by the Government to print the
Gazette or any laws;

' L Government Officer" means any person for the time
being in the employment of the Government;

6 6 Governor-General" means the person appointed to the
office of Governor-General of Antigua and Barbuda
and includes any person for the time being lawfully
discharging the functions of that office and, to the
extent to which a Deputy appointed under sec-
tion 25 of the Constitution is authorised to exercise
those f~ncitons, that Deputy;

Cap. 260.

'6. internal waters" means the internal waters of Antigua
and Barbuda as defined in the Maritime Areas Act
or in any enactment amending or substituted for
that Act;

"Judicial and Legal Services Commission" means the
Judicial and Legal Services Commission established
under and by virtue of the Supreme Court Order;

"Minister" means the member of the Cabinet for the
time being administering the subject matter of the
enactment in which or in respect of which the
expression is used;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 35

"Organisation of Eastern Caribbean States" or
"OECS" means the Organisation of Eastern
Caribbean States established by the Treaty signed
on the 18th day of June 1981 at Basseterre;

"peace officer" includes a magistrate, justice of the
peace, any police officer, local constable and every
other person lawfully assisting or called in aid of
any such person whiist so assisting or aiding any
of them;

"Police Force7' means the Police Force established by
the Police Act and includes any other Police Force Cap. 330.
established by or under any enactment to succeed
or to supplement the functions of the Police Force;

"police officer" means a member of the Police Force;

"Police Service Commission" means the Police Service
Commission established under and by virtue of the
Constitution;

"prescribed" means prescribed in or under the
enactment in which the expression occurs and in
relation to any subsidiary legislation means
prescribed by the Cabinet unless some other
authority is mentioned in the enactment in which
the word occurs;

"proclamation" means proclamation by the Governor-
General published in the Gazette or if it is not
possible so to publish, by publication in a newspaper
circulating in Antigua and Barbuda or by any other
reasonable means;

"Public Seal" means the Public Seal of Antigua and
Barbuda;

"Public Service Commission" means the Public Service
Commission established under and by virtue of the
Constitution;

"Secretary of State" means one of Her Majesty's
Principal Secretaries of State for the time being;

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 224) Interpretation

Miscellaneous
definitions.

"statutory board" means any commission, board,
committee, council or similar body whether
corporate or unincorporate established by an Act;

"territorial sea" means the territorial sea of Antigua
and Barbuda as defined in the Maritime Areas Act
or in any enactment amending or substituted for
that Act;

"United Kingdom" means Great Britain and Northern
Ireland.

58. In an enactment the expression-

' < access" includes ingress, egress and regress;

"act" when used with reference to an offence or civil
wrong includes a series of acts, and words so used
that refer to acts done extend to illegal omissions;

"adult" means any person who has attained the age
of eighteen years;

"aircraft" means any machine that can derive support
in the atmosphere from the reaction of the air;

"alien" means a person who is not a Commonwealth
citizen or a British protected person;

"assets7' includes property or rights of any kind;

"British protected person" means a person who is a
British protected person for the purposes of the
British Nationality Act 1948 or any Act of the
United Kingdom Parliament amending or replacing
that Act;

"child" includes a child born out of wedlock and not
legitimated;

"Christian name" means any name prefixed to a
surname, whether received in a Christian baptism
or otherwise;

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 3 7

"
coin" means any coin legally current in Antigua and

Barbuda;

6 '

commencement" when used with reference to any
statutory provision means the time at which that
provision comes into operation;

< '
costs" includes fees, charges, disbursements, expenses

and remuneration;

< '
common law" means the common law of England;

"
contravene" in relation to any requirement or

condition prescribed in any law, or in any grant,
permit, licence, lease or other authority, granted
under or in pursuance of any law, includes a failure
to comply with that requirement or condition;

''day" means a full day of twenty-four hours, and when
used in relation to any act or omission or occurrence
shall commence at the first moment of the day on
which such act, omission or occurrence is done or
happens after midnight of the previous day and shall
end at the last moment of the day on which such
act, omission or occurrence as aforesaid is done or
happens before midnight of such last mentioned
day as aforesaid;

< '
dollar" means dollar in the currency of Antigua and

Barbuda;

< '
estate" when used with reference to land includes any

legal or equitable estate or interest, easement, right,
title, claim, demand, charge, lien or incumbrance
in, over, to or in respect of the land;

"father", in relation to a child born out of wedlock and
not legitimated, includes a person who
acknowledges and can show that he is the father
of the child or has been found by a court to be the
father of the child;

"fault7' means wrongful act or default;

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 224) Interpretation

i c functions" includes jurisdictions, powers and duties;

"goods" includes all kinds of movable property
including animals;

"house" includes any messuage, part of a messuage,
house, part of a house, building, or other
construction whether wholly or in part above or
below the surface of the ground, inhabitated or
occupied either by day or by night by man, whether
beneficially or otherwise, or intended to be so
inhabited or occupied;

"individual" means a natural person and does not
include a corporation;

< 6 instrument" includes any publication in the Gazette
having legal effect;

"land7' and "premises" includes all tenements or
hereditaments, and also all messuages, houses,
buildings and other constructions, whether the pro-
perty of Her Majesty or of any coporation, or of
any individual, except where there are words to
exclude house and other buildings;

'6 master'' used in relation to a ship means any person
(except a pilot or harbour master) having for the
time being control or charge of a ship;

"medical practitioner" or "duly qualified medical
practitioner" or "legally qualified medical
practitioner" or "registered medical practitioner"
or any other words or expressions importing legal
recognition of any person as a medical practitioner
or member of the medical profession, means a
person duly registered or licensed to practise
medicine under the provisions of any law for the
time being applicable to medical practitioners;

"or7', "other7' and "otherwise" are, unless a contrary
intention appears, to be construed disjunctively and
not as implying similarity, unless the word

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 3 9

"similar" or some other word of like meaning is
added;

" parent" includes the mother of a child born out of
wedlock;

"person" means a natural person or a legal person and
includes any public body and any body of persons,
corporate or unincoporate either aggregate or sole,
and any club, society, association or other body,
of one or more persons; and this definition shall
apply notwithstanding that the word "person"
occurs in an enactment creating or relating to an
offence or for the recovery of any fine or
compensation;

"power" includes any privilege, authority and
discretion;

"print" includes reproduction or representation by
means of a typewriter, roneo, cyclostyle or other
similar apparatus or by any other method by which
words, figures, signs or symbols may be reproduced
or represented in visible form as well as every mode
of duplicating whether photo-copying, letter press,
stereotype, lithography or otherwise;

"Prison or Gaol" means the common prison or gaol
of Antigua and Barbuda in which a person is
committed to prison;

"property" includes money, goods, things in action,
land and every description of property, whether real
or personal; also obligations, easements and every
description of estate, interest and profit, present
or future, vested or contigent, arising out of or
incidental to property as herein defined;

"public place" includes any public highway, street,
road, square, court, alley, land, bridleway, foot-
path, parade, wharf, jetty, quay, bridge, public
garden or open square, and every theatre, place
of public entertainment of any kind, or other place

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 224) Interpretation

of general resort, admission to which is obtained
by payment, or to which the public have access;

"publication" means-

(a) all written and printed matter;

( b ) any record, tape, wire, perforated roll,
cinematograph film or other contrivance by
means of which any words or ideas may be
mechanically, electronically or electrically pro-
duced, reproduced, represented or conveyed;

(c) anything whether of a similar nature,
to the foregoing or not, containing any visible
representation, or by its form, shape or in any
manner capable of producing, reproducing,
representing or conveying words or ideas; and

(6) every copy and reproduction of any
publication as defined in paragraphs (a), ( b )
and (c) of this definition;

"recorded" used with reference to a document means
recorded under the provisions of the law applicable
to the recording of such document;

"registered" used with reference to a document means
registered under the provisions of the law applicable
to the registration of such document;

"sale" and "sell" includes offer or exposure for sale,
barter and exchange;

"ship" means every description of vessel used in
navigation not exclusively propelled by oars and
includes hovercraft;

L C signature" . and "signed" include and apply to the
making of a mark;

"statute of limitation" means any statutory provision
or other law prescribing a period within which any
civil proceedings to which such provision or law
relates is required to be brought, but does not
include a provision or law prescribing a period

LAWS OF ANTIGUA AND BARBUDA

Interpretation (CAP. 224 41

within which any criminal proceedings, including
proceedings to recover any penalty imposed as a
punishment for a criminal offence, is to be brought;

"street" and "road" includes any public highway,
street, road, thoroughfare, square, court, alley,
lane, bridleway, footway, parade, passage, or open
place used or frequented by the public, or to which
the public have or are permitted to have access;

L ' surety" includes sufficient surety;

" vessel7' includes any ship, boat, lighter, or other
floating craft used for transport by water and
whether propelled by steam or otherwise;

' ' warrant" means a warrant under the hand of the
person having authority to issue the same.

"will" includes codicil;

"writing" includes typing, printing, lithography,
photography and other modes of representing or
reproducing words or figures in visible form, and
expressions referring to writing are construed
accordingly;

CITATION

59. When an Act is referred to, it shall be sufficient citation of
original or

for all purposes to cite the Act either by the short title, if ..,i,,d A,,,.
any, by which it is made citable, or by the year of its passing
and its number among the Acts of that year or in the case
of the revised edition of the laws issued under any Act
providing for the issue of a revised edition, by its short title
or its chapter and number and the reference may in all cases
be made according to the copies of Acts purporting to be
printed by the Government Printer.

60. Whenever the Principal Act on any subject is ~ ~ , " ~ ; , " d ~ ~ c t s .
amended by any Act and the title or short title of the Principal
Act admits of it, the Principal Act and every Act amending
it may for all purposes be cited by the title or short title,
as the case may be, of the Principal Act, substituting therein

CAP. 224)

LAWS OF ANTIGUA AND BARBUDA

Interpretation

the word "Acts" for the word "Act'' and omitting the year
and number, or adding the years of the first and last Acts
referred to; and whenever two or more Acts are cited in the
manner authorised by this section, the authorised short title
used shall be construed to mean all the Acts covered by that
short title or either or any of them.

Construction of
description of

61. (1) In an enactment every description of or
citation. citation from any other enactment or from any document

made thereunder 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 (or from which and to
which) such portion extends.

(2) In an amending enactment the expression "words"
includes figures, punctuation marks and typographical,
monetary and mathematical symbols.

MISCELLANEOUS

Fiat-Evidence of
signatures. 62. Where by any law the fiat of any person,

functionary or authority is necessary before any prosecution
or action is commenced, any document purporting to bear
fiat of that person, functionary or authority shall be received
as prima f a i e evidence in any proceeding without proof be-
ing given that the signature to such fiat is that of the person,
functionary or authority concerned.

Times for service 63. Any summons, notice, warrant or other process
of summons etc. may be issued, served or executed a d any arrest, search

or seizure may be carried out or made on any day, whether
a Sunday or public holiday or not and at any hour of the
day or night.

Power of
Minister to
delegate
authority.

64. When by any law a Minister is empowered to
exercise any powers or perform any duties, he may, unless
by law expressly prohibited from so doing, depute any person
by name or the person for the time being holding the office
designated by him to exercise such powers or perform such
duties on his behalf, subject to such conditions, exceptions
and qualifications as the Minister may prescribe, and
thereupon, or from the date specified by the Minister the

LAWS OF ANTIGUA AND BAFWUDA

Interpretation (CAP. 224 43

person so deputed shall have and exercise such powers and
perform such duties subject as aforesaid;

Provided that nothing contained in this section shall
authorise a Minister to depute any person to make statutory
instruments under the power in that behalf conferred upon
him by any law.

65. When the Governor-General considers it Change of title of
necessary to change the title of any public office, he shall office'

cause a notice to that effect to be published in the Gazette
setting out the former title and the substituted title or titles
of such office, and declaring that such change of title shall
take effect, or shall be deemed to have taken effect, from
a date specified in such notice, and with effect from such
date-

( a ) where the change in title consists in the
substitution of a single title for the former title, the
substituted title shall replace, the former title whenever
the former title appears in any Act or Ordinance or in
any deed or other instrument made or issued pursuant
to or consequent upon any such Act or Ordinance; and

( b ) where the change in title consists in the substitu-
tion of two or more titles for the former title, the former
title shall be replaced, in the provisions of any such Act,
Ordinance, deed or other instrument as may be specified
in such notice, by such substituted titles as may be
specified in such notice.

66. Where in any law the expression "British ''the
Commonwealth"

Empire" occurs there shall be substituted therefor the substituted for
expression "the Commonwealth". "British

Empire".

67. Where by any law the Governor-General is Powers of
Governor-General

empowered to exercise any powers or perform any duties, to delegate
the Governor-General may, unless by law expressly certain powers.
prohibited from so doing, depute any pe;son by name, or
the person for the time being holding the office designated
by him to exercise such powers or perform such duties on
behalf of the Governor-General subject to such conditions,
exception and qualifications, as the Governor-General may
prescribe, and thereupon, or from the date specified by the

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 224) Interpretation

Governor-General, the person so deputed shall have and
exercise such powers and perform such duties, subject as
aforesaid:

Provided that nothing herein contained shall authorise
the Governor-General to depute any person to hear any
appeal or to make statutory instruments under the power
in that behalf conferred upon the Governor-General by any
law.
Read Entire Law on laws.gov.ag