Home | Databases | WorldLII | Search | Feedback Vanuatu Sessional Legislation

Miscellaneous Amendment (Queen's Regulations) Act 1988

Commencement: 25/4/88

REPUBLIC OF VANUATU

THE MISCELLANEOUS AMENDMENT (QUEEN’S REGULATIONS) ACT
No. 10 OF 1988

Arrangement of Sections

1. Amendment of Oaths Regulation, CAP.12.
2. Amendment of Prevention of Fraud (Investment) Regulation, CAP. 24.
3. Amendment of Notaries Public Regulation, Queen's Regulation No. 1 of 1973.
4. Amendment of Insurance Regulation, Queen's Regulation No. 18 of 1973.
5. Amendment of Partnership Regulation, Queen's Regulation No. 3 of 1975.
6. CAP. 8, CAP.10, CAP.12, CAP. 20, CAP. 24, QR. No.1 of 1973, QR. No. 18 of 1973, and QR. No. 3 of 1975 to have effect as Acts of Parliament of Vanuatu.
7. French law revoked.
8. Commencement.

__________

THE MISCELLANEOUS AMENDMENT (QUEEN’S REGULATIONS) ACT

No. 10 OF 1988

Assent: 12/4/88
Commencement: 25/4/88

An Act to amend certain Queen's Regulation, to give these Queens regulations effect as Acts of Parliament, and to revoke the application of provisions of French law with respect to matters provided for in these Queen's Regulations.

BE IT ENACTED by the President and Parliament as follows:-

AMENDMENT OF OATHS REGULATION, CAP. 12

1. The Oaths Regulation, CAP.12 is amended as provided in Schedule A.

AMENDMENT OF PREVENTION OF FRAUD (INVESTMENTS) REGULATION, CAP. 24

2. The Prevention of Fraud (Investments) Regulation, CAP. 24 is amended as provided in Schedule B.

AMENDMENT OF NOTARIES PUBLIC REGULATION, QUEEN'S REGULATION No. 1 OF 1973

3. The Notaries Public Regulation 1973 is amended as provided in Schedule C.

AMENDMENT OF INSURANCE REGULATION, QUEEN'S REGULATION No. 18 OF 1973

4. The Insurance Regulation 1973 is amended as provided in Schedule D.

AMENDMENT OF PARTNERSHIP REGULATION, QUEEN'S REGULATION No. 3 OF 1975

5. The Partnership Regulation 1975 is amended as provided in Schedule E.

CAP. 8, CAP. 10, CAP. 12, CAP. 20, CAP. 24, QR. No. 1 OF 1973, QR. No. 18 OF 1973 AND QR. No. 3 OF 1975 TO HAVE EFFECT AS ACTS OF PARLIAMENT OF VANUATU

6. The following Queens Regulations as amended from time to time and as amended by this Act shall have effect in Vanuatu as if the Regulations were enacted by Parliament:-

(a) The Banking Regulation, CAP. 8.

(b) The Trust Companies Regulation, CAP. 10.

(c) The Oaths Regulation, CAP. 12.

(d) The Shipping Regulation CAP. 20.

(e) The Prevention of Fraud (Investments) Regulation, CAP. 24.

(f) The Notaries Public Regulation (Q.R. No. 1 of 1973).

(g) The Insurance Regulation 1973 (Q.R. No. l8 of 1973).

(h) The Partnership Regulation 1975 (Q.R. No. 3 of 1975).

FRENCH LAW REVOKED

7. The provisions of French law with respect to any matter of whatever description or classification for which provision is made in any of the Regulations set out in section 6 shall cease to have effect in Vanuatu.

COMMENCEMENT

8. This Act shall come into force on the day of its publication in the Gazette.

________

SCHEDULE A

(Section 1)

The Oaths Regulation, CAP.12 is amended as follows:-

(a) By the substitution throughout the Regulation of

(i) the word “Vanuatu” for the words “the New Hebrides”; and

(ii) the Words “Supreme Court” for the words “High Court”;

(b) In section 2 –

(i) by deleting the definition of “judicial officer” and substituting therefor the following:

“judicial officer” includes judge, Magistrate and Justice of an Island Court”;

(ii) by deleting the definition of “Magistrate’s Court” and substituting therefor the following:

“Magistrate’s Court” means a Magistrate’s Court established under the Courts Regulation No. 30 of 1980”; and

(iii) by deleting the definition of the words “Commissioner of the High Court” and all references thereto throughout the regulation;

(c) In section 3 by deleting the form of the Oath of Allegiance and substituting therefore the following new form:

“I, ....................., do swear [or solemnly affirm] that I will well and truly serve and bear true allegiance to the Republic of Vanuatu according to law. [So help me God]”;

(d) In section 4 by deleting the form of the Official Oath and substituting therefor the following new form:

“I, ...................., do swear [or solemnly affirm] that I will bear true faith and allegiance to the Republic of Vanuatu and will uphold the Constitution and the law and I will conscientiously, impartially and to the best of my ability discharge my duties as .................. and do right to all manner of people without fear or favour, affection or ill-will. [So help me God]”;

(e) In section 5 by deleting the form of Judicial Oath and substituting therefor the following new form:

“I, .................., having been appointed ................. of the Republic of Vanuatu do swear [or solemnly affirm] that I will bear true faith and allegiances to the Republic of Vanuatu and will uphold the Constitution and the law, that I will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of the Republic of Vanuatu with fear of favour, affection or ill-will. [So help me God]”;

(f) By adding the following new section immediately after section 5 -

OATH FOR MEMBERS OF PARLIAMENT

“5A (1) The Oath of Allegiance for a member of Parliament shall be in the following form:

I, ....................... , having been elected a member of Parliament do swear [or solemnly affirm] that I will bear true faith and allegiance to the Republic of Vanuatu, will uphold the Constitution and the law, and will conscientiously and impartially discharge the responsibilities to the people of the Republic of Vanuatu upon which I am about to enter. [So help me God];

(2) The Oath of Allegiance shall be taken and subscribed by each member of Parliament during the first sitting of Parliament following a general election or during the sitting at which a member of Parliament first takes up his seat in Parliament before the Chief Justice or Judge or some other person for the time being authorised to administer oaths”;

(g) In section 6 -

(i) by deleting the words “Resident Commissioner” and substituting therefor the words “Attorney General” in subsection (1);

(ii) by deleting subsection (2) and substituting therefor the following new subsection:

“(2) Subject as hereinafter provided the Oath of Allegiance and the judicial oath shall be taken and subscribed by each of the officers named in, or whose names may hereafter be added to, the Second Schedule, as soon as may be after his acceptance of office, in the case of the Chief Justice or a Judge before the President of the Republic of Vanuatu, and in the case of any other officer before the Chief Justice or a Judge or some other person for the time being authorised by law to administer oaths”; and

(iii) by deleting the words "Resident Commissioner" and substituting therefor the words "Minister responsible for legal matters" in subsection (3);

(h) In section 9 by deleting subsection (2) thereof;

(i) In section 10 -

(i) by deleting the words "High Court" and substituting therefor the words "Supreme Court" in subsection (2); and

(ii) by inserting the words "and any Clerk of an Island Court" immediately after the words "Magistrate's Court" in subsection (2);

(j) In section 11 -

(i) by deleting the words "High Court" and substituting therefor the words "Supreme Court" in subsections (1) and (2);

(ii) by inserting the words "or any Island Court" immediately after the words "Magistrate's Court" in subsection (2); and

(iii) by deleting subsection (5);

(k) By deleting; the First Schedule and the Second schedule and substituting therefor the following new Schedules:

“FIRST SCHEDULE

(Section 6(1))

Prime Minister
Speaker of Parliament
Minister
Attorney General
Auditor General
Ombudsman
Public Prosecutor
Public Solicitor
Commissioner of Police
Chairman of the National Council of Chiefs
Chairman of the Public Service Commission
Chairman of the Judicial Service Commission
Chairman of the Police Service Commission
Chairman of the Teaching Service Commission
Chairman of the Electoral Commission
Vanuatu High Commissioners or Ambassadors accredited to other foreign countries or international organisation
Clerk of Parliament
Chief Registrar of the Supreme Court”,

“SECOND SCHEDULE

(Section 6(2))

Chief Justice
Judge of the Supreme Court
Magistrate
Justice of Island Court

_________

SCHEDULE B

(Section 2)

The Prevention of Fraud (Investment) Regulation, CAP. 24 as amended is further mended as follows:-

(a) By the substitution throughout the Regulation of

(i) the word “Vanuatu” for the words “the New Hebrides”

(ii) the word “Minister” for the words "Resident Commissioner";

(iii) the word "Attorney General" for the words "Legal Officer"; and

(iv) the words "Companies Act No. 12 of 1986" for the words "Companies Regulation";

(b) In section 2 -

(i) by deleting the words "the United Kingdom" in paragraph (b) of the definition of the word "securities";

(ii) by deleting the words "section 165 of the Companies Regulation" and substitute therefor the words "section 158 of the Companies Act No. 12 of 1986" in the definition of the word "subsidiary company";

(c) In the references to sums of money (whether by way of fines or otherwise) substitute the word "Vatu"' or the symbol “VT” for the word "dollars" and the symbol "$" and multiply the corresponding amounts by one hundred;

(d) In section 4(2) -

(i) by substituting “52” and "53" for "48", and “49” respectively in paragraphs (b)(i), (c)(i) and (d)(i);

(ii) by substituting “367” and “368” for "404" and “405” respectively in paragraph (b)(ii);

(iii) by substituting “367” and "369" for “404” and “406” respectively in paragraph (c)(ii); and

(iv) by substituting “369” for “406” in paragraph (d)(i);

(e) In section 7 by deleting the words "or within Her Majesty: dominions" in subsection 2(a)(i);

(f) In section 13(2) -

(i) by substituting “52” and “53” for “48” and “49” respectively in paragraphes (a) and (b); and

(ii) by substituting “367”, “368” and “369” for “404”, “405” and “406” respectively in paragraphs (a) and (b);

(g) In section 13(3) by deleting the words "Her Majesty: Service in the New Hebrides" and substituting therefor the words "the Government of Vanuatu" in paragraph (a)(v);

(h) In section 14(l) by deleting the words "applicable to persons subject to Her Majesty's jurisdiction in the New Hebrides" and substituting therefor the words "of Vanuatu" in paragraph (a);

(i) By deleting section 20 and substituting therefor -

“MINISTER TO DELEGATE POWERS

20. The Sinister may delegate the exercise of the several powers vested in him by this Regulation (other than the power to make rules), or such of them as he may deem expedient, to a public officer”.

_________

SCHEDULE C

(Section 3)

The Notaries Public Regulation 1973 is amended as follows: -

(a) by deleting section 2 and substituting therefor the following new section:

“APPOINTMENT OF NOTARIES PUBLIC

2. Subject to the prior approval of the Law Council, the Chief Justice may, by instrument under his hand, appoint any person whom he considers a fit and proper person, to be a notary public for Vanuatu to discharge the duties assigned to such office by the laws in force in Vanuatu or by the practice of commerce”;

(b) By substituting "Supreme Court" for "high Court" wherever this expression appears throughout the Regulation;

(c) By substituting "Vanuatu" for "the New Hebrides" wherever this expression appears throughout the Regulations;

(d) In section 5(1) by inserting the words "after consultation with the Law Council" immediately after the word "Chief Justice";

(e) In section 6 by substituting "30,000 vatu" for "one hundred dollars";

(f) In section 10 by inserting the words "after consultation with the Law Council" immediately after the word "Chief Justice'".

__________

SCHEDULE D

(Section 4)

The Insurance Regulation 1973 as amended is further amended as follows:-

(a) By the substitution throughout the Regulation of

(i) the word "Vanuatu" for the words "the New Hebrides";

(ii) the, word "Minister" for the words "Resident Commissioner";

(iii) the word "Vanuatu Gazette" for the word "Gazette"; and

(iv) the words "Supreme Court" for the words "High Court";

(b) In the reference to sums of money (whether by way of fines or otherwise) substitute the word "Vatu" or the symbol "VT" for the word "dollars" and the symbol "$" and multiply the corresponding amounts by one hundred;

(c) In section 2 in the definition of the word "auditor" by deleting the words “178 of the Companies Regulation” and substituting therefor the words “166 of the Companies Act No. 12 of 1986”;

(d) In section 12(1) by deleting the words "subject in his personal capacity to Her Majesty's jurisdiction in the New Hebrides" and substituting therefor the words a ”being resident in Vanuatu”;

(e) In section 25 -

(i) by inserting the words “immediately before the 30th day of July, 1980” after the words "New Hebrides" in subsection (1) ; and

(ii) by deleting the words "subject in his personal capacity to Her Majesty's jurisdiction in the New Hebrides" and substituting therefor the words "being resident in Vanuatu" in subsection (2);

(f) In section 47 by deleting the words "Her Majesty's Courts in the New Hebrides" and substituting therefor the words "the Courts of Vanuatu".

__________

SCHEDULE E

(Section 5)

The Partnership Regulation 1975 is amended as follows:-

(a) By the substitution throughout the Regulation of

(i) the word "Vanuatu" for the words "the New Hebrides";

(ii) the word “Minister” for the words "Resident Commissioner"; and

(iii) the words "Vanuatu Gazette" for the word "Gazette";

(b) In section 2 -

(i) by deleting the words "Companies Regulation" and substituting therefor the words "Companies Act No. 12 of 1986" in paragraph (a); and

(ii) by deleting the words "the United Kingdom Regulation or Letters Patent or Royal Charter" and substituting therefor the words "the Republic of Vanuatu" in paragraph (b);

(c) -in the references to suns of money (whether by way of fines or otherwise) substitute, the word "Vatu" or the symbol “VT” for the word "dollars" and the symbol “$” and multiply the corresponding amounts by one hundred;

(d) In section 47 by deleting the words "Companies Regulation" and substituting therefor the words "Companies Act No. 12 of 1986" in the definition of "registrar".

______________________