Law Revision (Miscellaneous Amendments) Act 2013 (No. 14 of 2013)

M O N T S E R R A T LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 ARRANGEMENT OF SECTIONS PART 1—MISCELLANEOUS.............................................................. 3 1. Short title and commencement .................................................................. 3 PART 2—ELECTIONS ACT (CAP. 1.04) ........................................... 4 2. Section 22 amended .................................................................................. 4 3. Election Registration Regulation amended ............................................... 4 PART 3—SUPREME COURT ACT (CAP. 2.03) ............................... 4 4. Section 70 amended .................................................................................. 4 PART 4—NOTARIES PUBLIC ACT (CAP. 2.13) ............................. 5 5. Section 2 amended .................................................................................... 5 PART 5—REAL ESTATE AGENTS REGISTRATION ACT (CAP. 6.10) .......................................................................................................... 5 6. Section 5 amended .................................................................................... 5 PART 6—REGISTRATION AND RECORDS ACT (CAP. 6.12) ..... 5 7. Schedule amended ..................................................................................... 5 PART 7—HARBOUR MASTER ACT (CAP. 7.02) ............................ 7 8. Section 5 amended .................................................................................... 7 PART 8—AGRICULTURAL SMALL HOLDINGS ACT (CAP. 8.04) .................................................................................................................. 7 9. Section 7 amended .................................................................................... 7 10. Schedule B amended ................................................................................. 8 PART 9—BRITISH NATIONALITY (FEES, OFFENCES AND PENALTIES) ACT (CAP. 13.06) .......................................................... 8 11. Section 2A inserted ................................................................................... 8 12. Section 3A amended ................................................................................. 9 13. Section 5A amended ............................................................................... 10 MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 2 14. Replacement of the Schedule .................................................................. 10 PART 10—MEDICAL ACT (CAP. 14.02) ......................................... 12 15. Section 11 amended ................................................................................ 12 16. Section 15 amended ................................................................................ 12 17. Section 16 amended ................................................................................ 12 18. Section 38 amended ................................................................................ 12 19. Section 42 amended ................................................................................ 12 20. Section 43 amended ................................................................................ 12 21. Section 44 amended ................................................................................ 13 22. Section 45 amended ................................................................................ 13 23. Section 48 amended ................................................................................ 13 24. Section 50 amended ................................................................................ 13 25. Section 51 amended ................................................................................ 13 26. Schedule amended ................................................................................... 14 PART 11— REGISTRATION OF BUILDING AND CIVIL ENGINEERING CONTRACTING UNDERTAKINGS ACT (CAP. 15.07) ...................................................................................................... 15 27. Schedule amended ................................................................................... 15 PART 12—STAMP ACT (CAP. 17.02) .............................................. 15 28. Section 74A inserted ............................................................................... 15 MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 3 I ASSENT Adrian Davis (Sgd.) Governor DATE:25.8.13 M O N T S E R R A T No. 14 of 2013 AN ACT TO MAKE CONSEQUENTIAL AMENDMENTS TO VARIOUS LEGISLATION. BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Montserrat, and by the Authority of the same as follows:— PART 1—MISCELLANEOUS 1. Short title and commencement This Act may be cited as the Law Revision (Miscellaneous Amendments) Act, 2013 and comes into force by Order on a date fixed by the Governor acting on the advice of Cabinet. MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 4 PART 2—ELECTIONS ACT (CAP. 1.04) 2. Section 22 amended The Election Act is amended by deleting section 22(1) and substituting the following— “(1) A candidate for election, or someone on his behalf, shall deposit with the returning officer, on or before the day of his nomination, the sum of $500, and, if he fails to do so, the nomination of the candidate is deemed to be withdrawn.”. 3. Election Registration Regulation amended The Election Registration Regulations is amended by deleting regulation 53 and substituting the following— “53. Fees for supplying list of voters (1) A final revised list and a printed list of voters shall be supplied to members of the public during business hours on payment of a fee of 50 cents per page. (2) Despite subregulation (1), a person validly nominated as a candidate for an election is entitled to receive free of charge 3 complete copies of the printed list of voters.”. PART 3—SUPREME COURT ACT (CAP. 2.03) 4. Section 70 amended Section 70 (2) of the Supreme Court Act is amended by deleting paragraph (a) and substituting the following— MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 5 “(a) pay into the Treasury an application fee of $100 and an enrolment and certificate of enrolment fee of $500;”. PART 4—NOTARIES PUBLIC ACT (CAP. 2.13) 5. Section 2 amended The Notaries Public Act is amended by deleting section 2(3) and substituting the following— “(3) A person appointed as a notary public shall, on his appointment, pay into the Treasury the sum of $1000.”. PART 5—REAL ESTATE AGENTS REGISTRATION ACT (CAP. 6.10) 6. Section 5 amended Section 5(1)(b) of the Real Estate Agents Registration Act is amended by deleting the number “$1,000” and inserting the number “$2,000”. PART 6—REGISTRATION AND RECORDS ACT (CAP. 6.12) 7. Schedule amended The Schedule to the Registration and Records Act is deleted and the following substituted— MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 6 “SCHEDULE (Section 40) Item No Description Fee 1. For entering, registering and recording any will $5.00 per page 2. For entering, registering and recording any deed or writing, of whatever kind (wills excepted), presented for registration under section 18 $5.00 per page 3. For an office copy, or extract from, any registered deeds and writings $5.00 per page 4. For every certificate $25.00 5. For office seal on any document $25.00 6. For any search whatsoever, for each year $10.00 7. For every general search under one name. $10.00 8. For acknowledgment of a signature to any document, or for signing a document, before a Registrar if at his office $25.00 9. If out of his office (beside hire of conveyance) $50.00 10. For swearing an affidavit before the Judge $100.00 11. For a Judge’s Order $100.00 12. For every Apostille $50.00 No fee is payable on the registration of any Bond entered into by any person with the Government with respect to the grant of a scholarship to the person and the entering into or resumption of service with the Government by the person.” MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 7 PART 7—HARBOUR MASTER ACT (CAP. 7.02) 8. Section 5 amended The Harbour Master Act is amended by deleting section 5 and substituting the following— “5. Fees payable for bills of health Subject to section 6, the Harbour Master, or any other officer appointed by the Governor to issue bills of health to ships, is authorised to demand and receive for each bill of health issued by him a fee of $25.00 and the fee shall be paid into the Treasury.” PART 8—AGRICULTURAL SMALL HOLDINGS ACT (CAP. 8.04) 9. Section 7 amended The Agricultural Small Holdings Act is amended by deleting section 7 and substituting the following— “7. Stamp duty and fees (1) Despite anything to the contrary in the Stamp Act, the stamp duty payable on a contract of tenancy is $5.00. (2) The fees prescribed in Schedule B shall be paid by means of stamps affixed to or embossed on the contract or certified copy of the contract. (3) The stamp duty and attestation fee shall be borne by the landlord. MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 8 10. Schedule B amended Schedule B of the Agricultural Small Holdings Act is deleted and the following substituted— “SCHEDULE B (Section 7(2)) FEES Description Fee 1 Attestation of contract $5.00 2. Registration of contract and certified copy of contract $5.00” PART 9—BRITISH NATIONALITY (FEES, OFFENCES AND PENALTIES) ACT (CAP. 13.06) 11. Section 2A inserted The British Nationality (Fees, Offences and Penalties) Act is amended by inserting the following section immediately following section 2— “2A. Oath of allegiance and pledge A person who qualifies as a British Overseas Territories Citizen must attend a citizenship ceremony and take the oath of allegiance or affirmation of allegiance set out in the Schedule to the Constitution and makes the pledge in the approved form before receiving a certificate of naturalisation.”. MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 9 12. Section 3A amended Section 3 of the British Nationality (Fees, Offences and Penalties) Act is amended by deleting subsections (2), (3), (4), (5) and (6) and substituting the following— “(2) A non-refundable fee is payable in respect of a person making an application to the Governor under the Act, (3) The fee payable in respect of — (a) the registration of a person as a British Overseas Territories citizen; or (b) the grant to a person of a Certificate of naturalisation as British Overseas Territories citizen; is payable on the submission of the application. (4) The fee payable in respect of— (a) the administering of the oath of allegiance or affirmation of allegiance is payable before the citizenship ceremony; and (b) the registration of declaration of renunciation of British Overseas Territories citizenship is payable on the submission of the declaration of renunciation. (5) Where— (a) an application for the registration of a minor as a British Overseas Territories Citizen is made; and (b) at the same time, an application for the registration of another minor as a British Overseas Territories Citizen or any other application for the registration of the minor is made; and MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 10 (c) both minors have the same parent, the total fee payable is that of a single application for registration, in addition to the fee payable in respect of each additional application.”. 13. Section 5A amended Section 5 of the British Nationality (Fees, Offences and Penalties) Act is amended— (a) in subsection (1) by deleting the figure “$2,000” and inserting the figure “$4,000”; and (b) in subsection (2) by deleting the figure “$1,000” and inserting the figure “$2,000”. 14. Replacement of the Schedule The Schedule to the British Nationality (Fees, Offences and Penalties) Act is repealed and substituted with the following— MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 11 “SCHEDULE (Section 3) TABLE OF FEES Item Description Fees 1. Any application to the Governor under the Act $50 2. Registration as a British Overseas Territories citizen in respect of: (a) a minor $500 (b) a person of full age $500 3. For each additional Registration as a British Overseas Territories citizen by a minor under section 3(5) of this Act. $500 4. Grant of a certificate of naturalisation as a British Overseas Territories citizen, under section 18(1) of the Act $1500 5. Grant of a certificate of naturalisation as a British Overseas Territories citizen, under section 18(2) of the Act $1500 6. Registration of a declaration of renunciation of citizenship under section 24 of the Act $200 7. Supplying a certified or other copy of a notice, certificate, order declaration or entry given, granted or made under the Act or any of the former Nationality Acts $200 MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 12 8. Administering the oath of allegiance and affirmation of allegiance for the purposes of the Act $100” PART 10—MEDICAL ACT (CAP. 14.02) 15. Section 11 amended Section 11(1) of the Medical Act is amended by deleting the words “felony or misdemeanour” and inserting the words “an offence”. 16. Section 15 amended Section 15 of the Medical Act is amended by deleting the words “a misdemeanour” and inserting the words “an offence”. 17. Section 16 amended Section 16 of the Medical Act by deleting the words “a misdemeanour” and inserting the words “an offence”. 18. Section 38 amended Section 38(2) of the Medical Act is amended by deleting the number “$48” and inserting the number “$500”. 19. Section 42 amended Section 42 of the Medical Act is amended by deleting the number “$24” and inserting the number “$250”. 20. Section 43 amended Section 43(2) of the Medical Act is amended by— (a) deleting the number “$24” and inserting the number “$250”; and (b) deleting the number “$48” and inserting the number “$500”. MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 13 21. Section 44 amended Section 42 of the Medical Act is amended by deleting the number “$96” and inserting the number “$750”. 22. Section 45 amended Section 45(2) of the Medical Act is amended by deleting the number “$24” and inserting the number “$250”. 23. Section 48 amended Section 48(2) of the Medical Act is amended by deleting the number “$48” and inserting the number “$500”. 24. Section 50 amended Section 50 of the Medical Act is amended by inserting the following as subsection (3)— “(3) The Governor acting on the advice of Cabinet may amend the Schedules and the Table of Fees.”. 25. Section 51 amended Section 51 of the Medical Act is amended by deleting the number “$96” and inserting the number “$750”. MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 14 26. Schedule amended The Schedule of the Fees to the Medical Act is deleted and the following is substituted— “SCHEDULE OF FEES (Section 2) Description Fee 1. For registration as a Medical Practitioner $500.00 2. For registration as a Dentist $500.00 3. For registration as an Optician $500.00 4. For registration as a Chemist and Druggist $250.00 5. Examination for a Certificate of Competency $100.00 6. For registration of any additional qualification $50.00” MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 15 PART 11— REGISTRATION OF BUILDING AND CIVIL ENGINEERING CONTRACTING UNDERTAKINGS ACT (CAP. 15.07) 27. Schedule amended The Schedule to the Registration of Building and Civil Engineering Contracting Undertakings Act is deleted and substituting with the following— “SCHEDULE For every agreement for any building undertaking or civil engineering contracting undertaking where the amount of the agreement is $10,000 or more, stamp duty of 1% is payable.”. PART 12—STAMP ACT (CAP. 17.02) 28. Section 74A inserted The Stamp Act is amended by inserting the following section as section 74A— “74A. Deduction of sum equivalent to stamp duty before making payment Where a person receives payment in whole or in part for— (a) services rendered to the Government; (b) for goods or services in or towards the satisfaction of any debt incurred by, or any demand made in respect of any transactions undertaken for the Government for profit; or (c) any transaction with the Government in the nature of commerce, MONTSERRAT LAW REVISION (MISCELLANEOUS AMENDMENTS) ACT 2013 No. 14 of 2013 16 and the payment is of an amount of $5.00 upwards, the Accountant General shall, before making payment to the person, deduct from the payment an amount as will represent in full the amount of stamp duty that should be paid by the person.”. Teresina Bodkin (Sgd.) SPEAKER Passed the Legislative Assembly this 25th day of July, 2013. Judith Baker (Sgd.) CLERK OF THE LEGISLATIVE ASSEMBLY