Emergency Powers Act


Published: 1974-07-10

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Emergency Powers Act
EMERGENCY POWERS [CH.34 – 1


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

EMERGENCY POWERS
CHAPTER 34

EMERGENCY POWERS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Emergency regulations.
4. Repugnancy with other enactments.
5. Duration, etc., of emergency regulations.
6. Proof of documents.

EMERGENCY POWERS [CH.34 – 3


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 34

EMERGENCY POWERS
An Act to empower The Governor-General to make

Emergency Regulations whenever a Proclamation of
Emergency is in force; to specify the matters which may
be provided for in Emergency Regulations; to provide for
the duration of emergency regulations; and to provide for
matters incidental to or connected with the foregoing.

[Assent 8th July, 1974]
[Commencement 10th July, 1974]

1. This Act may be cited as the Emergency Powers
Act.

2. In this Act, unless the context otherwise requires —
“the Constitution” means the Constitution of The

Bahamas;
“emergency regulations” means regulations made

under section 3;
“enactment” means an instrument having the force of

law other than the Constitution and this Act;
“Government” means the Government of The

Bahamas;
“proclamation of emergency” means a proclamation

under the Constitution that a state of public
emergency exists.

(2) Unless the contrary intention appears, references
in this Act to a section are references to a section of this
Act, and references in a section to a subsection are
references to a subsection of that section.

3. (1) Whenever a proclamation of emergency is in
force the Governor-General may make such regulations as
appear to him to be necessary or expedient for securing the
public safety, the defence of The Bahamas, the main-
tenance of public order and the suppression of mutiny,
rebellion and riot and for maintaining supplies and services
essential to the life and well-being of the community.

8 of 1974

Short title.

Interpretation.

Emergency
regulations.

CH.34 – 4] EMERGENCY POWERS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Without prejudice to the generality of the
powers conferred by subsection (1), emergency regulations
may so far as appears to the Governor-General to be
necessary or expedient for any of the purposes mentioned
in that subsection —

(a) make provision for the detention of persons or
the restriction of their movements, and for the
deportation and exclusion from The Bahamas of
persons who are not citizens of The Bahamas;

(b) authorize —
(i) the taking of possession or control on

behalf of the Government of any property
or undertaking;

(ii) the acquisition on behalf of the
Government of any property other than
land;

(c) authorize the entering and search of any
premises;

(d) provide for amending any enactment, for
suspending the operation of any enactment, and
for applying any enactment with or without
modification;

(e) provide for charging, in respect of the grant or
issue of any licence, permit, certificate or other
document for the purposes of the regulations,
such fee as may be prescribed by or under the
regulations;

(f) provide for payment of compensation and
remuneration to persons affected by the
regulations;

(g) provide for the apprehension, trial and
punishment of persons offending against the
regulations:

Provided that nothing in this section shall authorize
the making of provision for the trial of persons by military
courts.

(3) Emergency regulations may empower such autho-
rities or persons as may be specified in the regulations to
make orders and rules for any of the purposes for which such
regulations are authorized by this Act to be made, and may
contain such incidental and supplementary provisions as
appear to the Governor-General to be necessary or expedient
for the purposes of the regulations.

EMERGENCY POWERS [CH.34 – 5


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

4. Emergency regulations and any orders or rules
made in pursuance of emergency regulations shall have
effect notwithstanding anything inconsistent therewith
contained in any enactment; and any provision of an
enactment which may be inconsistent with any emergency
regulation or any such order or rule shall, whether or not
that provision has been amended, modified or suspended in
its operation under section 3, to the extent of such
inconsistency have no effect so long as such regulation,
order or rule remains in force.

5. (1) All emergency regulations, if not sooner
revoked, shall cease to have effect when the proclamation
of emergency in pursuance of which they have been made
ceases to have effect.

(2) No emergency regulations shall have effect —
(a) during a period when a proclamation of

emergency is in force by virtue of having been
approved by a resolution of each House of
Parliament under the Constitution; or

(b) during a period when a proclamation of
emergency is in force by virtue of having been
extended by a resolution of each House of
Parliament under the Constitution,

unless each House of Parliament has, by a like resolution in
such case, affirmed that those regulations shall have effect
during that period.

6. Every document purporting to be an instrument
made or issued by the Governor-General or other authority
or person in pursuance of this Act, or of any emergency
regulations, and to be signed by or on behalf of the
Governor-General or such other authority or person, shall
be received in evidence, and shall, until the contrary is
proved, be deemed to be an instrument made or issued by
the Governor-General or that authority or person.

Repugnancy with
other
enactments.

Duration, etc., of
emergency
regulations.

Proof of
documents.