Age of Majority Act 2001

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2001/Acts/Age%20of%20Majority%20Act%202001.pdf

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Age of Majority Act 2001.pdf
AGE OF MAJORITY ACT 2001


BERMUDA
2001 : 20

AGE OF MAJORITY ACT 2001

[Date of Assent: 1 August 2001]
[Operative Date: 1 November 2001]


WHEREAS it is expedient to reduce the age of majority from

twenty-one years to eighteen years; to make provision for the time when
a particular age is attained and to provide for connected matters:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows⎯

Citation
1 This Act may be cited as the Age of Majority Act 2001.

Operative date
2 In this Act "the operative date" means the date on which this Act
comes into operation.

Age of majority
3 (1) Every person attains the age of majority and ceases to be a
minor on attaining the age of eighteen years.

(2) Every person who is over the age of eighteen years but
under the age of twenty-one years on the operative date attains the age
of majority on that date.

Application of section 3


1

4 Section 3 applies for the purpose of any law in respect of which
the Legislature has jurisdiction.




AGE OF MAJORITY ACT 2001


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Meaning of words
5 (1) In the absence of a definition or of an indication of a
contrary intention, section 3 applies to the construction of the
expressions "adult", "full age", "lawful age", "infant", "infancy", "minor",
"minority", "majority" and similar expressions in—

(a) any Act or statutory instrument; and

(b) any deed, will or other instrument made on or after the
operative date.

(2) The use of any expression set out in subsection (1) or any
similar expression shall not, in itself, be taken to indicate a contrary
intention for the purposes of this section without some further indication
of a contrary intention.

Modification of existing Acts and statutory instruments and
consequential amendments
6 (1) Subject to subsections (2) and (3), in any provision of an Act
of the Legislature or any regulation, rule, order or bylaw made under an
Act of the Legislature enacted or made before the operative date, a
reference to the age of twenty-one years shall be read as a reference to
the age of eighteen years.

(2) Notwithstanding subsection (1), in the construction of this
Act the expression "twenty-one years" means twenty-one years and
subsection (1) does not apply to this Act.

(3) Subsection (1) does not apply to the references to the age of
twenty-one years in the statutory provisions set out in the First
Schedule.

Consequential amendments
7 (1) The statutory provisions set out in column 1 of the Second
Schedule are amended by deleting the words set out in column 2 and
substituting the words set out in column 3.

(2) Section 12(4)(b) of the Contributory Pensions Act 1970 is
repealed and the following is substituted:

"(b) in the case of a person who paid contributions before the
date on which the Age of Majority Act 2001 comes into operation,
beginning with the first day of the contribution year in which he
attains the age of 21 years;

(bb) in any other case, beginning with the first day of the
contribution year in which he attains the age of 18 years;".

AGE OF MAJORITY ACT 2001


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United Kingdom Acts
8 Where by any Act of the Legislature, an Act of the Parliament of
the United Kingdom or any provision thereof is made to apply in respect
of any act or matter or thing over which the Legislature has jurisdiction,
then in applying that Act of Parliament or that provision thereof in
respect of that act, or matter or thing, any reference to the age of twenty-
one years in the Act of Parliament or provision thereof shall be read as a
reference to the age of eighteen years.

Modification of court orders and directions
9 (1) In any order or direction of a court made before the
operative date, in absence of an indication of a contrary intention, a
reference to the age of twenty-one years or to any age between eighteen
and twenty-one years or to any of the expressions referred to in
subsection 5(1) and similar expressions shall be read as a reference to
the age of eighteen years.

(2) The use of the words "twenty-one years" in an order or
direction referred to in subsection (1) shall not, in itself, be taken to
indicate a contrary intention for the purposes of this section without
some further indication of a contrary intention.

Time of attaining particular age
10 (1) The time at which a person attains a particular age
expressed in years shall be on the commencement of the relevant
anniversary of the date of his birth.

(2) This section applies only where the relevant anniversary
falls on a date after the operative date, and in relation to any enactment,
deed, will or other instrument, has effect subject to any provision
therein.

Effect of new codicil on existing wills
11 Notwithstanding any rule of law, a will or codicil executed before
the operative date shall not be treated for the purposes of this Act as
made on or after that date by reason only that the will or codicil is
confirmed by a codicil executed on or after that date.

Effect on statutory provisions incorporated in existing wills, etc
which are not affected by section 5
12 This Act does not affect the construction of a provision of an Act
or a statutory instrument that is incorporated in and has effect as part of
a deed, will or other instrument if the construction of the deed, will or
other instrument is not affected by section 5.

Accumulation not affected
13 This Act does not invalidate any direction for accumulation
expressed in a settlement or other disposition made by deed, will or other


AGE OF MAJORITY ACT 2001


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instrument and executed before the operative date that, but for this Act,
was a permissible period of accumulation.

Perpetuities not affected
14 This Act does not apply so as to affect the law relating to
perpetuities.

Right of action and defence preserved
15 This Act does not prejudice a right of action or a defence to an
action based upon the age of a party and that was in existence on the
operative date and, notwithstanding this Act, the law that was in force
immediately prior to the operative date applies in that case.

Commencement
16 This Act comes into operation on such date as the Minister
responsible for legislative affairs may appoint by notice published in the
Gazette.

AGE OF MAJORITY ACT 2001


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FIRST SCHEDULE (section 6)
STATUTORY PROVISIONS WHERE REFERENCES TO TWENTY-ONE

YEARS ARE RETAINED



COLUMN 1
STATUTORY PROVISION

COLUMN 2
SUBJECT MATTER

Contributory Pensions Act
1970



section 12(4)(a) Transitional provision for calculation of
yearly average of contributions of persons
over 21 years of age on commencement of
the scheme.

Third Schedule

proviso to paragraph 1 Contribution conditions for widow's
allowance; yearly average of 50
contributions does not apply if husband
dies before attaining 21 years.

Ex Gratia Payments Act
1983



section 3C(2) Ex gratia payment to a dependent child
continues to 21

Government Employees
(Health Insurance) Act 1986



section 2(1) Definition of child; includes a person who
is over 18 but under 21 while a full-time
student at an educational institution.

Hospital Insurance Act
1970




AGE OF MAJORITY ACT 2001


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section 2(1)(e) Subsidy for hospital treatment extends to
a person over school-leaving age but
under 21 if a full-time student in
Bermuda.

Matrimonial Proceedings
(Magistrates' Courts) Act
1974



section 1 Definition of dependant (paragraphs (b)
and (c)); includes persons under 21 if
earning capacity impaired by disability or
undergoing educational training.

section 3(1)(g)(ii) Matrimonial order may provide
maintenance for dependent child under
21.

Perpetuities and
Accumulations Act 1989



section 6(1), 6(1)(b) and 6(2) Dispositions otherwise void for
remoteness by specifying an age above 21
to be construed as referring to the age of
21.

Public Service
Superannuation Act 1981



proviso to section 43(2) and
section 49(2)

Children's pensions continue where the
child is over 18 but under 21 and the
child is mainly or wholly dependent.



AGE OF MAJORITY ACT 2001


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SECOND SCHEDULE (section 7)
CONSEQUENTIAL AMENDMENTS



COLUMN 1
STATUTORY PROVISION

COLUMN 2
WORDS DELETED

COLUMN 3
WORDS
SUBSTITUTED

Administration of Estates
Act 1974



section 15(1) twenty-one eighteen

Adoption of Children Act
1963



section 1 (definition of
"infant") and section 3(1)(ii)
and (2) (ii)

twenty-one eighteen

Adoption Rules 1964

First Schedule Form
10 paragraph 2(a)(ii) and (b)

twenty-one eighteen

Bermuda Housing
Association (Model Rules)
Regulations 1982



regulation 9 twenty-one eighteen

Bermuda Immigration and
Protection Act 1956



sections 27, 30(1), 31(8), 72
and 104(c)

twenty-one eighteen

Betting Act 1975

section 10(3)(a) twenty-one eighteen

Companies Act 1981


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section 39A(4)(b) twenty-one eighteen

Condominium Act 1986

Schedule paragraph 3(3) 21 18

Criminal Code Act 1907

section 181(2) twenty-one eighteen

section 182(4) twenty-one eighteen

section 184(1)(a) twenty-one eighteen

section 554(1) twenty-one (where
they twice occur)

eighteen (in each
case)

Day Care Centre
Regulations 1999
regulation 9(2) and (5)



21



18

Education Act 1996

section 2(1) definition
of "child"


twenty-one


nineteen

definition of "senior school
education"


twenty-one


nineteen

section 51(5) twenty-one nineteen

section 72(3) twenty-one eighteen

Evidence Act 1905

section 29(3)(a) twenty-one eighteen

Films (Control of
Exhibition) Act 1959



section 5(1)(c) 21 eighteen

AGE OF MAJORITY ACT 2001


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Schedule 21 18

Government Fees
Regulations 1976



Schedule Head 5 21 18

paragraph (4) and (5)(b)

Friendly Societies Act
1868



proviso to section 19 twenty-one eighteen

Human Tissue Act 1976

section 4(b) and (d) 21 18

Indictable Offences Act
1929



section 19(3)(a) twenty-one eighteen

International
Organizations etc
(Immunities and
Privileges) Act 1948



Schedule PART IV paragraph
2

twenty-one eighteen

Legal Aid Act 1980

Third Schedule

paragraph 2(1)(b) twenty-one eighteen

Legal Aid (General)
Regulations 1980



Schedule Form 1 paragraph
5 (c)

21 18


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Liquor Licence Act 1974

section 10(4)(a) twenty-one eighteen

Marine Board Act 1962

section 34(2)(a) twenty-one eighteen

Marine Board (Island
Boats) Regulations 1965



regulation 13(a) twenty-one eighteen

Maritime Marriage Act
1999



section 8(1) twenty-one eighteen

Marriage Act 1944

section 15 twenty-one eighteen

Mental Health Act 1968

section 8(4)(c), 10(2)(a)(ii)
and (5) and 21(2)

twenty-one eighteen

Minors Act 1950

section 2(1) (definition of
"minor")

twenty-one eighteen

Motor Car Act 1951

section 81 twenty-one eighteen

Motor-Cycles and Auxiliary
Bicycles (Special Measures
of Control) Act 1953



AGE OF MAJORITY ACT 2001


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section 7(2) twenty-one
(whenever they
occur)

eighteen (in
each case)

Municipalities Act 1923

First Schedule paragraph
2(1)(a)(i) and 3(2)(a)

twenty-one eighteen

Non-Contentious Probate
Rules 1974



Rules 29(1), (3) and (5) and
30(1) and (2)

twenty-one
(whenever they
occur)

eighteen (in each
case

Parish Councils Act 1971

section 3(7)(b) twenty-one eighteen

Partition Act 1855

section 1 (definition of
"infant") and section 2

twenty-one eighteen

Prison Rules 1980

Rules 132, 166(1)(b) and 167 twenty-one eighteen

Rent Increases (Domestic
Premises) Control Act
1978



sections 5(1)(a) and 8(2)(a) twenty-one eighteen

Real Estate Agents'
Licensing Regulations
1977



regulation 2(3)(b)(i) and
Schedule Form 2 paragraph
4

21 18


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Residential Care Homes
and Nursing Homes
Regulations 2001



regulations 5(2)(a) and
6(2)(a)

21 18

Succession Act 1974

section 6(1)(a) twenty-one (where
they twice occur)

eighteen (in each
case)

Trade Union Act 1965

section 41 twenty-one eighteen

Trustee Act 1975

section 23(1)(b) and (3)(a)(i)
and (ii)

twenty-one eighteen

Waste and Litter Control
Act 1987



First Schedule paragraph 1 21 18

Wills Act 1988

section 6(a) twenty-one years or
over or is or has
been married and is
aged 18

eighteen

Young Offenders Act 1950

section 2(1)(definition of
"young person") and section
60(1)

twenty-one eighteen