Statutory Instruments

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1402

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SECTION



1. Short title

2. Application of Act

3. Publication of instruments

4. Commencement of instrument

5. Exercise of powers

6. Penalties

7. Fees and charges

8. Forms

9. Laying of certain instruments before the

National Assembly



Act 21, 1984,

Act 2, 2006.

An Act to provide for the making, publication and operation of

subsidiary legislation and for matters connected therewith.

[Date of

Commencement: 20th July, 1984]







[Ch0105s1]1. Short title

This Act may be cited as the Statutory Instruments

Act.

[Ch0105s2]2. Application of Act

This Act applies to each of the following

instruments (in this Act referred to as a "statutory instrument")

namely, any proclamation, regulation, rule, rule of court, order, bye-law or

other instrument made, directly or indirectly, under any enactment and having

legislative effect.

[Ch0105s3]3. Publication of instruments

(1) Subject to subsection (2), every statutory

instrument shall be published in the Gazette in the Statutory

Instruments Series and there shall be assigned to it a serial number as of the

year in which it is made which shall be printed on the face of the instrument

in the following form: Statutory Instrument No. (number) of (year).

(2) The Attorney-General may, by direction in

writing, exempt a particular statutory instrument, or class of such instrument,

from publication in the Gazette by reason of its merely local, limited

or temporary application or for any other reason and may, by such direction,

prescribe some other form of publication.

(3) If a question arises as to whether instruments

under any provision of an enactment are statutory instruments the

Attorney-General may, by certificate in writing, decide the matter.

(4) Every direction under subsection (2) and every

certificate under subsection (3) shall be published in the Gazette.

(5) Evidence of any such direction or certificate

may be given by the production of a copy of the Gazette purporting to

contain the direction or certificate.

[Ch0105s4]4. Commencement of instrument

(1) A statutory instrument shall come into

operation on the date specified in that behalf in the instrument or, if no date

is so specified, then, subject to subsection (2), it shall come into operation-

(a) on the

date of its publication in the Gazette or elsewhere as may be prescribed

under section 3(2);

(b) in any

other case, on the date on which it is made.

(2) If an instrument is made after the passing or

making but before the coming into operation of the enactment under which it is

made, the instrument, whether or not it is previously published, shall not come

into operation before the date on which the enactment comes into operation.

(3) A statutory instrument may be made to operate

retrospectively to any date not being earlier than the commencement of the

enactment under which it is made but no person shall be liable to a penalty in

respect of any contravention of a provision in an instrument required to be

published in the Gazette where the alleged contravention occurred before

such publication unless the court is satisfied that before the alleged

contravention the purport of the instrument had been brought to that person's

notice.

[Ch0105s5]5. Exercise of powers

(1) Where any statutory instrument or appointment

or any other thing purports to be made or done in exercise of a particular

power, it shall be deemed also to be made or done in exercise of all powers

thereunto enabling.

(2) A statutory instrument shall not be

inconsistent with the provisions of the enactment under which it was made, or

of any Act, and any such instrument shall be void to the extent of the

inconsistency.

(3) Where an enactment confers a power to make an

instrument it shall be deemed also to include a power exercisable in the like

manner and subject to the like conditions (if any) to amend, repeal or replace

any such instrument.

(4) Where by any enactment power is conferred on

any person to make a statutory instrument or to do anything for any general

purpose, and also for any special purposes incidental thereto, the enumeration

of the special purposes shall not derogate from the generality of the general

purpose.

[Ch0105s6]6. Penalties 2 of 2006, s2.2

There may be included in a statutory instrument a

provision whereby a person contravening any provision of the instrument shall

be liable to a prescribed penalty being a fine not exceeding P5, 000 or a term

of imprisonment not exceeding six months, or both.

[Ch0105s7]7. Fees and charges

(1) A statutory instrument may provide for the

imposition of fees and charges in respect of any matter with regard to which

provision is made in the instrument or in the enactment under which the

instrument is made.

(2) A power to impose fees or charges shall

include power to provide for all or any of the following matters-

(a) specific

fees or charges;

(b) maximum

fees or charges;

(c) minimum

fees or charges;

(d) ad

valorem fees or charges;

(e) the

payment of fees or charges either generally or under specified conditions or in

specified circumstances; and

(f) the

reduction, waiver or refund, in whole or in part, of any fees or charges,

either upon the happening of a certain event or in the discretion of a

specified person.

(3) Where any reduction, waiver or refund, in

whole or in part, of any fee or charge is provided for, such reduction, waiver

or refund may be expressed to apply or to be applicable either generally or

specifically-

(a) in

respect of certain matters or transactions or classes of matters or

transactions;

(b) in

respect of certain documents or classes of documents;

(c) when

any event happens or ceases to happen;

(d) in

respect of certain persons or classes of persons; or

(e) in

respect of any combination of such matters, transactions, documents, events or

persons,

and may be expressed to apply or to be applicable subject to such

conditions as may be specified in the instrument or in the discretion of any

person specified therein.

[Ch0105s8]8. Forms

(1) Where an enactment confers power on any person

to prescribe any form, then unless that person prescribes such form, any form

approved for the purpose by that person may be used.

(2) Where any form has been prescribed by or under

any enactment, a document or instrument which purports to be in such form shall

not be void by reason of any deviation therefrom which does not affect the

substance thereof or which is not calculated to mislead.

[Ch0105s9]9. Laying of certain instruments before the National Assembly

(1) All statutory instruments shall be laid before

the National Assembly as soon as may be after they are made, and, if a

resolution is passed within the next subsequent 21 days on which the National

Assembly has sat after any such instrument is laid before it that the

instrument be annulled, it shall thenceforth be void, but without prejudice to

the validity of anything previously done thereunder, or to the making of any

new statutory instrument.

(2) This section does not apply to rules of court.