DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

BERMUDA

1999 : 8

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

[Date of Assent 24 March 1999]

[Operative Date 1 April 1999]

WHEREAS it is expedient to make amendments with respect to the transfer of functions from the Attorney-General to the Director of Public Prosecutions: Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:⎯

Citation

1 This Act may be cited as the Director of Public Prosecutions (Consequential Amendments) Act 1999.

Substitution of Director of Public Prosecutions for Attorney-General

2 The statutory provisions set out in the First Schedule are amended by deleting the words "Attorney-General" wherever they occur and substituting the words "Director of Public Prosecutions".

Other consequential amendments

3 The statutory provisions set out in column 1 of the Second

Schedule are amended as set out in column 2 thereof.

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

Construction of references to Attorney-General

4 Where a reference is made to the Attorney-General in any statutory provision (other than those set out in the First or Second

Schedule) that relates to criminal proceedings, the reference shall be construed as a reference to the Director of Public Prosecutions.

Commencement

5 This Act comes into force on such day as the Premier may appoint by notice published in the Gazette.

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

FIRST SCHEDULE

DIRECTOR OF PUBLIC PROSECUTIONS SUBSTITUTED FOR ATTORNEY-GENERAL

Enactment Section

Agriculture Act 1930 s.62(1)

Amenities (Control of Ruinous Structures) Act 1950 s.12(1)

Banks Act 1969 s.30

Bermuda Immigration and Protection Act 1956 s.137

Bermuda National Parks Act 1986 s.30(1)

Bermuda Small Business Development Corporation s.23 Act 1980

Building Authority Act 1952 s.12(1)

Canadian Forces (Privileges and Immunities) Act s.2(3)(a)

Census Act 1970 s.10

Civil Airports Act 1949 s.11(3)

Civil Aviation (Licensing of Air Transport and s.14(3) Commercial Flying) Act 1950

Commissions of Inquiry Act 1935 s.16

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

Enactment Section

Companies Act 1981 s.248

s.276(1) and (3)

Computer Misuse Act 1996 s.7(9)

s.9(1) and (3)

Contributory Pensions Act 1970 s.31(1), (3) and

(4)

Court of Appeal Act 1964 s.17(2)

s.23(1)

Criminal Appeal Act 1952 s.13(2)(b) and

(3)(b)

s.15(3)

s.17(1)

Criminal Code Act 1907 s.94(4)

s.96(3)

s.116(3)

s.176(2)

s.198(5)

s.199(4)

s.383(2)

s.384(2)

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

Enactment Section

Criminal Code Act (Cont'd.) s.392(2)

s.394(2)

s.420

s.423(2)

s.450

s.452(1) and (2)

s.487(1)

Criminal Justice (International Co-operation) Act s.19(2)

Defence Act 1965 s.43(1)

Department of Works and Engineering Act 1984 s.37(1)

Education Act 1996 s.66

Employment of Children and Young Persons Act s.20

Evidence Act 1905 s.31(7)

s.33

Exchange Control Act 1972 s.6

Films (Control of Exhibition) Act 1959 s.11

Bermuda Fire and Rescue Service Act 1982 s.22

Friendly Societies Act 1868 s.15 proviso (a)

Enactment Section

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

Health and Safety at Work Act 1982 s.21(5)

Hotels (Licensing and Control) Act 1969 s.24

Human Rights Act 1981 s.20(1)(b)

s.21(4)

s.23

Indictable Offences Act 1929 s.27(1)

Indictments (Procedure) Rules 1948 Rule 5(a)

Judicial Proceedings (Regulation of Reports) Act s.3

Labour Relations Act 1975 s.39

Marine Board Act 1962 s.45

Maritime Security Act 1997 s.25(1)

Marriage Act 1944 s.33(6)

Mental Health Act 1968 s.65(3)

s.66(4)

s.69

s.75(3)

National Drug Commission Act 1993 s.28

National Training Board Act 1997 s.32

Obscene Publications Act 1973 s.8

Enactment Section

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

Parliament Act 1957 s.44(1)

Passport Act 1932 s.1(2)

Police Act 1974 s.17(3)

Police Prosecutions Act 1921 s.3

Post Office Act 1900 s.73(3)

Printed Publications Act 1971 s.10

Prohibited Publications Act 1963 s.7

Protection of Trading Interests Act 1981 s.5(3)

Rules of the Court of Appeal Second Schedule Criminal Form 14 Criminal Form 21

Summary Jurisdiction Act 1930 s.31

Timesharing (Licensing and Control) Act 1981 s.36

Trading with the Enemy Act 1939 s.3(4)

Uniforms and Decorations Act 1944 s.5(1)

United States Bases (Agreement) Act 1952 s.10(2), (3) and

(4)

United States Bases (Agreement) (Security s.4 Offences) (Supplementary Provisions) Act 1954 s.9(2)(b) Young Offenders Act 1950

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

SECOND SCHEDULE

CONSEQUENTIAL AMENDMENTS

Column 1 Column 2 Statutory provision Amendment

Section 5(1) of the Administration of After "Attorney-General" Justice (Contempt of Court) Act 1979 insert ", the Director of Public Prosecutions".

Section 5(b) of the Commissioners for After "Deputy Governor" Oaths and Notaries Public Act 1972 insert ", the Director of Public Prosecutions".

Section 1 of the Court of Appeal Act After "Attorney-General"

1964 in the definition of "person insert "or the Director of aggrieved by a judgment" Public Prosecutions".

Section 29(2) of the Human Rights Act After "Attorney-General"

1981 insert "or the Director of Public Prosecutions".

Section 3 of the Interpretation Act After "Attorney-General"

1951 in the definition of "Law Officer" insert ", the Director of Public Prosecutions".

Section 3 of the Promissory Oaths Act After "The Solicitor-General"

1969 insert "The Director of Public Prosecutions".

Sections 112 and 113 of the Revenue After "Attorney-General" Act 1898 insert "the Director of Public Prosecutions".

Section 53(1) of the Supreme Court Act After "Attorney-General"

1905 insert ", the Director of Public Prosecutions".

Rule 3/8(2) of the Rules of the Court of After "Attorney-General" Appeal for Bermuda insert "and to the Director of Public Prosecutions".

DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1999

Rule 3/9(3) of the Rules of the Court of After "Attorney-General" Appeal for Bermuda insert "or the Director of Public Prosecutions".