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No. 21 of 2004 |
AN ACT TO AMEND THE COURT OF
APPEAL ACT |
[Date of Assent – 21st September,
2004] |
Enacted by the Parliament of The
Bahamas. |
1.(1) This Act, which amends the
Court of Appeal Act may be cited as the Court of Appeal (Amendment) Act, 2004. | Short title and commencement. Ch. 52. |
(2) This Act is deemed to have
come into effect on the 1st day of July, 2003. |
2. Section 5 of the principal
Act is repealed and replaced by the following section - | Repeal and replacement of section 5
of the principal Act. |
"Appointment of Registrar and
Deputy Registrar.
| 5. The Governor-General, acting in
accordance with the advice of the Judicial and Legal Service Commission, may
appoint persons to be the Registrar of the Court of Appeal and the Deputy
Registrar of the Court of Appeal respectively: |
| | Provided that no person shall
be appointed to be the Registrar of the Court of Appeal or Deputy Registrar of
the Court of Appeal unless - |
| | (a) he is a member of at least five
years standing of the English, Irish, Scottish or Bahamas Bar or of the Bar of
any country of the Commonwealth to which a member of The Bahamas Bar is
admitted without examination; or |
| | (b) he has been enrolled and has
practised for at least five years as a solicitor in England, Ireland or
Scotland, or in any country of the Commonwealth where a member of The Bahamas
Bar is permitted to practise as a solicitor without examination.". |
3. Section 6 of the principal
Act is amended by the insertion immediately after subsection (4) of the
following new subsection - | Amendment of section 6 of the
principal Act. |
"(5)The Registrar shall be the
accounting officer for the purposes of the Financial Administration and Audit
Act.". |
4. The principal Act is amended
by the insertion immediately after section 6 of the following new section - | Insertion of new section 6A into the
principal Act. |
"Power to administer oaths and
perform other functions.
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6A.(1) Without prejudice to the provisions
of any other Act or of rules of court, the persons specified in the Schedule
shall have power to administer oaths and take solemn declarations or
affirmations in lieu of oaths in all matters transacted in court or in chambers
or in the office of the Registrar. | Schedule. |
(2)A clerk in the office of the
Registrar shall have the power to exercise any other functions designated to
that clerk in writing by the Registrar or the Deputy Registrar.". |
5. The principal Act is amended
by the insertion immediately after section 31 of the following - | Insertion of new Schedule into the
principal Act. |
"SCHEDULE |
PERSONS EMPOWERED TO ADMINISTER OATHS |
Registrar |
Deputy Registrar |
Any clerk in the office of the Registrar
designated in writing for the purpose by the Registrar or a Deputy
Registrar.". |
6. The enactments specified in
the Schedule are amended to the extent so specified in that Schedule. | Certain Acts amended. |
(section 6) |
SCHEDULE |
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Enactment
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Amendment
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Court Deposits Act
Chapter 62
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Section 2 is amended by the -
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(i) repeal of the definition of
‘court’ and the particulars relating thereto and the substitution therefor of
the following - ‘"court" means the Supreme Court or
the Court of Appeal, or a judge thereof;’; and
(ii) repeal of the definition of
"Registrar" and the particulars relating thereto and the
substitution therefor of the following- ‘"Registrar" means the Registrar of
the Court and includes the Deputy Registrar;’.
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Criminal Procedure
Code
Chapter 91
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Section 231 is amended by the insertion
immediately after subsection (3) of the following new subsection -
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"(4)For the purposes of this
Part, "Registrar" means the Registrar of the Supreme Court or the
Court of Appeal respectively, to which an appeal lies.". |
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