Justices of the Peace ( Official Seals)

Link to law: http://www.moj.gov.jm/laws/justices-peace-official-seals

JUSTICES OF THE PEACE (OFFICIAL LWLYl

THE NSTICES OF THE PEACE (OFFICIAL SEALS) ACT

REGIJLATIONS
(under ~ec l ion 10)

THE JUSTICES OP THE PEACE (OFFICIAL SEALS) REGULATIONS, 20134

M n d e bj, the Abnrster on [he 30th dgv ofAugust, 2004) o hi B ~ B L I M ~

1. These Regulations may be cited as the Justices of the Peace (Official
Seals) Regulations, 2004.

2. In these Regulations, "Permanent Secrctan." means the Pennane~~l
Secretary in the Mirustry with responsibility for Justices of the Peace.

).-(I) Every official seal shall be circular in shape with a diameter of
one and onequarter inches and shall, in accordance with the diagram set out
in the First Schedule- in!

schedule

(a) bear the identificat~on number of the Justice, as specified in
paragraph (2);

( h ) identify the parish for which the Justice is appointed;

(c) bear the words "Justice of the Peace"; a coat of arms and thetwo
scales of Justice.

(2) The identification number of a Justice shall consist of a six-digt
sequence that includes a parish code.

4.-(1) In relation to the Register of Justices of the Peace required to be
kept b! a Custos Rotulorum under section 7 of the Act. the Custos Rotulorum
shall ensurc that-

(a) the Register is kept securely:

( h ) the Register is kept up-to-date: and

[The incluion af tlui pa%= ir authomcd by L.X. 1120061

(c) data recorded in the Register is in legible form an4 subject to the
provisions of paragraph (2), is organized in a manner that
faciiitaies inspeition t h k f by the public.'

(2) The Register shall be arranged in alphabetical sequence of the
surname of every Justice appointed for the parish and, in relation to each such
Justice, shall include the following particulars--

(a) I 1 1 name;

( b ) title, if any;

(c) age and sex;

(d) identification number,

(e) address, including district of residence;

V) telephone number;

(g) the date on which the Justice was sworn in;

(h) next+f-kin, if any;

- (i) the date of issue of an official seal to the Justice;

0) the date of return of an official seal by the Justice, including the
reason for the rehlm;

(k) the date of revocation of an official - seal by the Permanem
m;

(0 the signature of the ~ustice; and

(m) any additional panicukrs that the Custos Rotulomm considers
appropriate for the inclusion in the Register. 6

(3) Subject to the requirements of paragraphs (1) and (21, the
custos Rotulorum may keep a Register in electronic form in addition to a
Register kept in paper or book form

(4) A separate Register shall be lu5pt in respect of Justices listed on
the Supplemental List

IThc inrbion of ~ page k avlhoriad by LN. lR0061

JUSTICES OF l l iE PEKE (OFFICIAL SEAW.) REGUUTIONS 2004

5.-31) Every penon in charge of a Courthouse, post office, tax office,
Pansh Council office or Police Divisional Headquatters shall ensure that-

(a) the list of Justices of the Peace referred to in section 7(6) of the
Act is kept in accordance with the requirements of that section;
and

(6) the list contains the name and address, including the district of
residence, of every Justice of the Peace for the parish.

(2) The Custos Rotulo~m shall ensure that every penon referred to
in paragraph (1) is supplied with an accurate and up-to-date list for the
purposes of that paragraph

6.-41) Official seals shall be issued to the Custos Rotulonnn for each
parish by the Permanent Secretary.

(2) The Custos Rotdorum for each parish shall be responsible
for-

(a) entrusting official seals to Justices of the Peace for the purposes
of m i o n 3 of the Act; and

(6) the safe-keeping of all official seals issued to him and not
entrusted under subparagraph (a), or otherwise in his custody or
care.

7. + 1 ) Where an official seal is lost, damaged, destroyed or stolen, the
Justice to whom the seal was enbusted shall-

(a) as soon as is reasonably practicable, make a report to the Custos
Rotulorum of the parish for which the Justice is appointed, in
accordance with Form 1 of the Second Schedule; and ~ c ~ o n d

so^^.

(b) where the seal is damaged, return the seal forthwith to the Custos Fm
Rotulorum

(2) Upon receiving a repon under paragraph (I), the Custos
Rotulorum shall forthwith notify the Permanent Secretary, forwarding a copy
of the report

(3) If the Custos Rotulonun bas reason to believe that an official
seal is l o g damaged, destroyed or stolen, the Custos Rotulwum shall
forthwith notify lhe Pem~ment Secretary, stating the reasow for the belief.

[The incllnion of lhls p g e is ruUlarized by L.N. IRW61

JUSTICESOF THE PEACE (OPFCIAL SEALS) REGULATIONS 2004
-. ,. % .

(4) A Custos Rotulomm shall forward to the Permanent Secretary
any-

(a) damaged official seal inhis custody; or

(b) official seal that comes Into his possession other lhan through the
prowsion of regulation 7(1)

(5) Upon receiving notification that an official seal is lost, destroyed
or stolen, the Permanent Secretary shall revoke the seal and cancel the
relevant identification number.

(6) Where the Permanent Secretary determines that an official
seal-

(a) is lost, damaged or destroyed as a result of the negligence of a
Custos Rotulorum or Justice, the Permanent Secretary shall n o w
the Custos Rotulorum or Justice, as the case may be, in writing
of the determination and that Custos R o h d o m or Justice shall
be responsible for the I11 cost of replacing the seal;

(6) was stolen while in the custody or fare of a Custos R o h d o m or
while entrusted to a Justice. the Pepanen1 Secretary shall notify
the Custos Rohdorum or Justice, as the case may be, of the
determination and; that Custos Rotulorum or Justice shall be
responsible for fifty per cent of the full cost of replacing the seal;
or

\
(c) 1s damaged or destroyed by ordmry wear and tear or is lost,

damaged or destroyed m cucumstamff other than those referred to
m sub-paragraph (a), the Permanent Secretary shall replace the
seal at no cost to the Custos Rotulorum or lustlce, as the case may
be

(7) Within twenty-one days after receiving a written notification
under paragraph (5)(a) or (b), a Custos Rohdorum or Justice, as the case may
be, may appeal in writing to the.Minister a g m t any determination by the
Permanent Secretary that an official seal w+s lost, Qmaged destroyed or
stolen in the circumstanoes specified in paragraph (5Xa) or (b).

(8) In any appeal under paragmph (7). the Minister may, as he
considers appropriate in all the circumstances

(a) confirm the determination of the Permanent Secretary; or

(b) revoke that tietamination and direcl the Permanent Secretary to
replace the seal at no cost to the Custos Rotulonun or Justice.

[Ihr inelusion of lhir page is aulbized by L.N. llZW6]

JCrmCES OF THE PUCE (DEFICLAL SWS) REGUU TIONS 2W*

>
(9) An appeal under paragraph (b ) shall be kthout prejudice to any

other remedy or nghl of appeal afforded by any other law.

(a) a Justice returns ao official seal to the Custos Rotulonun unda the
provisions of section 5 (2) of the Act (retirement, resignation,
revocation of commission, etc., of Justice) or for any other
reason, the Justice shall; or

(b ) a Custos Rotulom forwards an official seal to the Permanent
Secretary under any provision of the Act or of these Regulations,
or for any other reason the Custos Rotulonun shall

complete and return along with the seal, a form in accordance with Form 2 of
the Second Schedule. M

Sl@.
Fmn 2.

(2 ) Upon receiving an official seal foxwarded with a form under
paragraph (I)(b), the Permanent Secretary, or a person authorized by the
Permanent Secretary for that purpose, shall sign the form and shall issue a
signed copy of the form to the Custos Rolulonun

(3) The Permaned SecreCary shall act in accordance with paragraph
(4) in relation to a seal which is returned to the Permanent Secretary
because-

(a ) it is damaged; or

(b ) a Justice has ceased to use it under the provisions of section 5(2)
of the Act.

(4) The Permanent Secretary sball-

( a ) if paragraph (3 ) ( a ) applies, and the seal can be repaired, repair
and re-issue the seal;

( b ) . if paragraph (3) (a ) applies, and the seal cannot be repaired,
destroy the seal;

(c) if paragraph (3) (b) applies, re-issue the seal:

9. Every notice or other document required to be sent under the Act or
these Regulations shall be sent by registered post.

10. (1) A Justice who attests or authenticates a document shall affix his
seal above or as near as possible to thesignature of that Justice.

' . [Tk imlurion of this psgc is authorized by LN. 1!2Wb]

JUSTICES OF THE PEACE (OFFICIAL SEALS) REGULATIONS. 2004

FIRSTSCHEDULE (Regulalion 3)

Official Seal of Jurliccr of the Peace

[Ths inslwion of this page is aubrircd by L.N. 1/2006]

JUSTICESOF THE PEACE (OFFCL4L SE4LS) REGUldTIONS 2 W

FORM 1

Declaration by J u n i n as to lost, damaged de~troyed
or stolen oficiol seal

To: ,the C U S ~ ~ Rolulorum for the wish of

From: Justice of& Peace falhc parish of

Identifieation number of Justice:

I. ~ h a t l was nmusted with an official seal bearing the sbovmmtioncd identiticalion
number on the day of

2. That I honestly believe hl on or abwt lhc day of the said
seal was [laUdamagcd~delBoyedlstoIm]*.

'(Cress out the inapplicable words]

Dated this day of

Justice ofthe Peace for the parish of

FORM 2

To [Permanent SeeraarylCustos Ratulomm]

From [Jwm of the PeaoelOl*os Rdulaum] for the pan& of

Date:

F m w d herewith is official seal hearing identification numbsr
issued to (Justice ofthe Peace) on the day of

[The incluion of this p a ~ c i~ authorized by L.N. l!2006]

10 'JUSTICES OF THE P U C E (OFFICIAL SEALS) REGUIATIONS. 2204

The seal is reiurncd to yar for the follo;ingreawn:

Signed:
lustice ofthe pea& Custos Rotulorum

Receipl acknowledged by:
Permanent Secrclary

[The inclwion of Uur page b a u h m k d by LN. 112m]
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