ARRANGEMENT OF SECTIONS

PART I
SHORT TITLE AND APPLICATION

SECTION

PART II
INTERPRETATION OF WORDS AND EXPRESSIONS

PART III
GENERAL PROVISIONS AS TO ACTS

PART IV
COMMENCEMENT, AMENDMENT AND REPEAL

PART V
SUBSIDIARY LEGISLATION

PART VI
POWERS

PART VII
BOARDS AND COMMITTEES

PART VIII
PUBLIC OFFICERS AND PUBLIC CONTRACTS

PART IX
CROWN, GOVERNOR-GENERAL AND MINISTER

PART X
TIME AND DISTANCE

PART XI
FEES, PENALTIES, OFFENCES AND PROCEEDINGS

PART XII
MISCELLANEOUS

SCHEDULE - Boundaries of the City of Nassau.

CHAPTER 2

INTERPRETATION AND GENERAL CLAUSES

[Commencement 8th December, 1976]

(2) This Act shall be binding upon the Crown.

"act", when used with reference to an offence or civil wrong, includes a series of acts, an illegal omission and a series of illegal omissions;

"Act" means an Act of Parliament whether passed before or after the coming into force of this Act and includes-

"amend" includes repeal, revoke, cancel, add to, vary and the doing of all such things simultaneously or by the same written law;

"The Bahamas" means The Commonwealth of The Bahamas;

"Bahamian currency" means currency of The Bahamas, the issue of which is authorized by any written law;

"cent" means a cent in Bahamian currency;

"City of Nassau" and "Nassau" mean the area within the boundaries specified in the Schedule;

"commencement" when used with reference to any written law, means the date when the written law came or comes into operation;

"commissioner" [i]* means a person who is a commissioner under the Local Government Act [ii]*;

"the Consolidated Fund" means the Consolidated Fund established by Article 128 of the Constitution;

"Constitution" means the Constitution of The Bahamas as set out in the Schedule of The Bahamas Independence Order 1973, as amended from time to time;

"consul" and "consular officer" mean any person including the head of a consular post, recognized by the competent authority of the receiving state as entrusted in that capacity with the exercise of consular functions;

"contravene" in relation to any requirement or condition prescribed in any written law or in any grant, permit, licence, lease or authority granted under or by virtue of any written law, includes a failure to comply with that requirement or condition;

"counsel and attorney" means a person who has been admitted to practice as counsel before the Supreme Court;

"court" means any court of The Bahamas of competent jurisdiction;

"Crown Agents" means the persons or body for the time being acting as Crown Agents for Oversea Governments and Administrations;

"daily penalty" means a penalty for each day on which the offence is continued after conviction thereof;

"definition" means the interpretation given by a written law to any word or expression;

"dollar" means a dollar in Bahamian currency;

"export" means to take out or cause to be taken out of The Bahamas by air, land or water;

"financial year" means any period of twelve months beginning on 1st July in any year;

"Freeport" means the whole of the Port Area;

"functions" includes jurisdictions, powers and duties;

"Government" means the Government of The Bahamas;

"Government Printer" means any printer authorized by or on behalf of the Government to print any written law or any other document of the Government;

"House" means the Senate or the House of Assembly or both as the context may require;

"immovable property" means-

"import" means to bring or cause to be brought into The Bahamas by air, land or water;

"instrument" includes any publication in the Gazette having legal effect;

"Island of New Providence" and "New Providence" include the island of New Providence, Paradise Island and all other adjacent islands and cays within ten miles of the Island of New Providence;

"Judicial and Legal Service Commission" means the Judicial and Legal Service Commission constituted by Article 116 of the Constitution;

"judge" includes the Chief Justice and any Justice of the Supreme Court;

"land" includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land;

"law" means a law for the time being in force in The Bahamas;

"magistrate" means a magistrate appointed under the Magistrates Act and includes a justice of the peace lawfully exercising the jurisdiction of a magistrate;

"medical practitioner" means a person for the time being duly registered or deemed to be registered, or licensed as a medical practitioner, or otherwise permitted to practice as a medical practitioner, under the Medical Act;

"Minister" means the Minister responsible for the matter or department to which the context refers;

"month" means calendar month;

"movable property" means property of every description except immovable property;

"oath" and "affidavit" include, in the case of persons allowed or required by law to affirm instead of swearing, affirmation; and "swear" in the like case includes affirm;

"officer" or "public officer" means any person holding a public office;

"or", "other" and "otherwise" shall be construed disjunctively and not as implying similarity, unless the word "similar" or some other word of like meaning is added;

"Out Island" and "Family Island" mean any island of The Bahamas other than New Providence;

"Parliament" means the Parliament of The Bahamas established under Article 38 of the Constitution;

"peace officer" or "police officer" includes a constable and any member of the Police Force and any other person lawfully authorized to discharge police duties;

"person" includes any public body and any body of persons, corporate or unincorporate, and this definition shall apply notwithstanding that the word "person" occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;

"Police Service Commission" means the Police Service Commission constituted by Article 118 of the Constitution;

"Port Area" and "Port Authority" have the meanings respectively ascribed thereto by the agreement set out in the Schedule to the Hawksbill Creek, Grand Bahama (Deep Water Harbour and Industrial Area) Act;

"power" includes any privilege, authority and discretion;

"prescribed" when used in or with reference to any Act, means prescribed by that Act or by subsidiary legislation made thereunder;

"prison" means any place or building or portion of a building declared, or within an area declared, to be a prison under the Prisons Act;

"proclamation" means a proclamation of the Governor-General;

"Provost Marshal" means the Commissioner of Police exercising the powers and functions of the Provost Marshal conferred upon him by section 6 of the Police Act;

"publication" means-

"public body" includes any public board, commission, statutory corporation, committee and any undertaking by or of the Government;

"public holiday" means any day which is mentioned as or is declared to be a public holiday the Public Holidays Act;

"public office" means, subject to the provisions of the Constitution, any office of emolument under the Crown in right of the Government of The Bahamas, whether such office be permanent or temporary;

"public place" includes every place to which the public are entitled or permitted to have access whether on payment or otherwise;

"Public Seal" means the Public Seal of The Bahamas;

"Public Service Commission" means the Public Service Commission constituted by Article 107 of the Constitution;

"registered", when used with reference to a document, means registered under the provisions of any written law applicable to the registration of such a document;

"repeal" includes rescind, revoke, cancel or replace;

"rules" means rules under the Act in which the word "rules" is used and where the context so admits includes orders, regulations, bye-laws and forms;

"rules of court" when used in relation to any court, means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;

"sell" includes offer or exposure for sale, barter and exchange;

"subsidiary legislation" or "statutory instrument" means any proclamation, regulation, rule, order, resolution, rule of court, bye-law, or other instrument made under or by virtue of any Act and having legislative effect;

"summary conviction" means a summary conviction by a magistrate in accordance with the provisions of the Magistrates Act;

"swear" includes affirm and declare;

"Treasurer" means the Treasurer of The Bahamas;

"Treasury" means the Treasury of The Bahamas;

"treaty" means a treaty, convention or agreement made with a foreign state, and any protocol or declaration attached thereto or independent thereof but referring thereto;

"triable summarily" means triable by a magistrate, in accordance with the provisions of theMagistrates Act;

"vessel" means any ship or boat and any description of vessel used in navigation;

"waters of The Bahamas" means the waters within the jurisdiction of The Bahamas;

"will" includes any testamentary instrument;

"words" includes figures and symbols;

"writing" includes typewriting, printing, lithography, photography and other means of reproduction;

"written law" means Acts and subsidiary legislation;

"year" means a calendar year.

(2) In this and any other written law, the expression "Commonwealth" when used otherwise than as a reference to the Commonwealth of The Bahamas, means The Bahamas, the United Kingdom, Canada, Australia, New Zealand, India, Sri Lanka, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Republic of Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, The Gambia, Singapore, Guyana, Lesotho, Botswana, Barbados, Mauritius, Swaziland, Tonga, Fiji, Western Samoa, Nauru, Bangladesh, Grenada, Papua, New Guinea, Seychelles and any dependency of any such country:

Provided that the Governor-General may from time to time by Order published in the Gazette add any country to or delete any country from the countries so specified.

(2) Wherever the word Gazette is used in any written law, the same shall be held and deemed to refer to and mean-

(3) For the purposes of this section the expression "competent authority" means the person empowered by any written law or instrument to cause to be published the Gazette.

(2) Words and expressions in the singular include the plural and words and expressions in the plural include the singular.

(2) Acts shall be prefaced by the following enactment formula-

"Enacted by the Parliament of The Bahamas".

(2) Every schedule to or table in any Act and any notes to such schedule or table shall be construed and have effect as part of such Act.

(2) Any reference made to any Act, in accordance with the provisions of subsection (1), may be made according to the title, short title, citation, number or chapter number used in copies of Acts printed by the Government Printer.

(2) Where it is provided that two or more Acts may together be cited by a collective short title or citation containing therein the years of the first and last of such Acts, such short title or citation shall be construed to include all the Acts covered by the same, or any of them.

(2) Where any Act repeals and re-enacts, with or without modification, any provision of a former Act, references in any other Act to the provision so repealed shall be construed as references to the provision so re-enacted.

(3) The provisions of subsections (1) and (2) shall apply mutatis mutandis to subsidiary legislation.

(2) Where in any Act there is a reference to a section, part, chapter or schedule by number or letter only, and not in conjunction with the title or short title of any other Act, such reference shall be construed as a reference to the section, part, chapter or schedule of that number or letter contained in the Act in which such reference occurs.

(3) Where in any section of any Act there is a reference to a subsection, paragraph, subparagraph or other division by number or letter only, and not in conjunction with the number of any section of that or of any other Act, such reference shall be construed as a reference to the subsection, paragraph, subparagraph or other division of that number or letter contained in the section in which such reference occurs.

(4) The provisions of subsections (2) and (3) shall apply, mutatis mutandis, to subsidiary legislation.

(5) Any reference to an Act in any Act shall include a reference to any subsidiary legislation made under the Act to which reference is made.

Provided that where such authority has been replaced wholly or in part by another authority, the power conferred hereby upon the original authority may be exercised by the replacing authority concerning all matters or things within its jurisdiction as if it were the original authority;

(2) Where any reduction, waiver or refund, in whole or in part, of any fee or charge is provided for by any subsidiary legislation, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specially-

Provided that any appointment, subsidiary legislation, instrument, notice, form or thing made, granted, issued, prescribed, given or done under such power shall not, unless the appointment, subsidiary legislation, instrument, notice, form or thing is necessary for bringing the Act into operation, come into operation or have any effect until the Act comes into operation.

(2) Where in pursuance of subsection (1) a resolution is passed in respect of any rules, regulations or bye-laws or any provision thereof which imposes a tax, duty, rate, fee or similar impost, in replacement of any existing tax, duty, rate, fee or similar impost, such existing tax, duty, rate, fee or similar impost shall upon the passing of the resolution revive and remain valid until it is lawfully revoked or amended.

any subsidiary legislation made under the former Act and in force at the commencement of the repealing Act shall, so far as it is not inconsistent with the repealing Act, continue in force and have the like effect for all purposes as if made under the repealing Act.

(2) Where any subsidiary legislation is continued in force by virtue of subsection (1), such subsidiary legislation may be from time to time amended as if it had been made under the repealing Act.

(2) Where any written law confers any power or imposes any duty on the holder of any public office as such, then the power may be exercised and the duty shall be performed by the holder for the time being of that public office.

(2) Without prejudice to the generality of subsection (1), where any written law confers power-

(3) Without prejudice to the generality of subsection (1), whenever in any written law the expression "as the Governor-General may appoint" or "as the Governor-General may direct" or "as the Governor-General may specify" or "as the Governor-General may prescribe" or "as may be designated by the Governor-General", or any similar expression referring to the Governor-General appears and no power is expressly conferred upon the Governor-General to make the appointment, give the discretion or specification, prescribe or make the designation, as the case may be, such power shall nevertheless be deemed to be conferred.

(4) Subsection (3) shall have effect in relation to a Minister, a public officer, a public body or other person as it has effect in relation to the Governor-General.

(2) Nothing in this section shall affect any right which may be conferred by any written law upon any person to appeal against a refusal to issue, grant, give or renew any licence, lease, authority, approval or permit.

Provided that where the power or duty of such person so to act is only exercisable upon the recommendation, or is subject to the approval or consent, of some other person, then such power shall only be exercisable upon such recommendation or subject to such approval or consent.

(2) Nothing in subsection (1) shall authorize a specified public officer to delegate any power to make subsidiary legislation or to hear any appeal.

(3) Where any written law confers any power or imposes any duty upon a specified public officer and such power is exercised or such duty is performed by any other public officer, the specified public officer shall, unless the contrary is proved, be deemed to have delegated the latter public officer under subsection (1) to exercise the power or perform the duty.

(4) In this section "specified public officer" means the person for the time being holding any public office which has been specified, either generally or for the purposes of any particular written law, under this section by the Governor-General by notice in the Gazette.

(2) The delegation of any power shall be deemed to include the delegation of any duty incidental thereto or connected therewith and the delegation of any duty shall be deemed to include the delegation of any power incidental thereto or connected therewith.

those powers and duties may be exercised or performed-

and when attending any meeting of such board, tribunal, commission, committee or similar body, such alternate or temporary member shall be deemed for all purposes to be a member of the same.

(2) Whenever such body or number of persons is assembled, the chairman or other member presiding shall have a casting as well as a deliberative vote, in all matters in which a decision is taken by vote by whatever name such vote may be called.

(3) The exercise of any power vested in such body or number of persons may be signified either by the chairman or other person presiding at the meeting or other deliberation at which such power was exercised or at which, as the case may be, authority to exercise it was conferred, or by any person from time to time authorized by such body or persons to signify the exercise of such power.

(2) Where two or more persons are holding the same public office by reason of an appointment made in accordance with subsection (1), then, for the purposes of any written law and in respect of any power conferred or duty imposed upon the holder of such office, the person last appointed to the office shall be deemed to be the holder thereof.

(2) Notwithstanding the provisions of subsection (1), proclamations and warrants shall be made or issued only under the hand of the Governor-General himself.

(2) Whenever any expression of time occurs in any written law, the time referred to shall be held to be-

(2) The period of summer time shall be the period so declared by the Governor-General by order.

(3) Nothing in this section or section 65 shall affect the use of Greenwich Mean Time for the purposes of astronomy, meteorology, navigation or aviation, or affect the construction of any document mentioning or referring to a point in time in connection with any of these purposes.

(2) Nothing in this section shall affect any provision in any written law whereby any portion of any forfeit or of the proceeds of any forfeit is expressed to be recoverable by any person or may be granted by any authority to any person.

(2) Where any written law requires or authorizes the issue of any document by a public officer, such public officer may, subject to any discretion of the Governor-General, issue a duplicate of such document, upon payment of such fee as may be prescribed by written law or as the Governor-General may prescribe by notice in the Gazette if no fee is prescribed by written law.

(3) Where any written law requires or authorizes any alteration, transfer, or endorsement of or addition to any certificate, authorization, consent, licence, permit or exemption by a public officer, such fee shall be payable therefor as may be prescribed by written law or as the Governor-General may prescribe by notice in the Gazette if no fee is prescribed by written law.

(4) Where an extract of any document, book, record or instrument may be properly certified by a public officer as a true extract of such document book, record or instrument, such fee shall be payable for the certifying of the extract by such officer as may be prescribed by written law or as the Governor-General may prescribe by notice in the Gazette if no fee is prescribed by written law.

(2) Every order made under this section shall be laid before the Senate and the House of Assembly without unreasonable delay, and section 32 of this Act shall apply to any such order.

(2) Where a thing has been done for which an estimated amount shall have been paid, such amount shall be adjusted to the correct amount either by means of a further payment or by a refund of the amount overpaid.

BOUNDARIES OF THE CITY OF NASSAU

All that part of New Providence bounded on the north by the Harbour of Nassau, on the east by Mackey Street, on the south by an imaginary line starting at a point approximately three hundred and eighty yards to the south of the junction of Mackey Street and Shirley Street and continuing in a straight line to the south-east corner of the grounds of the Princess Margaret Hospital, thence south-westerly to Prison Lane, thence to the division wall between the Barracks and the Prison, thence in a straight line westwardly to the junction of Dillet Street and Blue Hill Road and following the centre of Dillet Street and Meeting Street to Nassau Street, and on the west by Nassau Street.

The City of Nassau shall also include the whole of Paradise Island, also Potters Cay and all other islets and cays in the Harbour of Nassau.