1. Short title
2. Application of Act
3. Publication of instruments
4. Commencement of instrument
5. Exercise of powers
7. Fees and charges
9. Laying of certain instruments before the
Act 21, 1984,
Act 2, 2006.
An Act to provide for the making, publication and operation of
subsidiary legislation and for matters connected therewith.
Commencement: 20th July, 1984]
[Ch0105s1]1. Short title
This Act may be cited as the Statutory Instruments
[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
[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
[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
(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
(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
[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-
fees or charges;
fees or charges;
fees or charges;
valorem fees or charges;
payment of fees or charges either generally or under specified conditions or in
specified circumstances; and
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
(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
respect of certain matters or transactions or classes of matters or
respect of certain documents or classes of documents;
any event happens or ceases to happen;
respect of certain persons or classes of persons; or
respect of any combination of such matters, transactions, documents, events or
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.
(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.