Transfer and Delegation of Statutory Functions Act
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CONSOLIDATED TO 30 JUNE 2012
LAWS OF SEYCHELLES
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CHAPTER 241
TRANSFER AND DELEGATION OF STATUTORY FUNCTIONS ACT
[9th October, 1970]
ARRANGEMENT OF SECTIONS
1. Short title
2. Interpretation.
3. Transfer of statutory functions.
4. Delegation of statutory functions.
5. Performance of statutory functions during temporary absence or inability.
6. Substitution of statutory references.
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1. This Act may be cited as the Transfer and Delegation of Statutory Functions Act.
2. In this Act -
"Act" includes any law in force in Seychelles, not being an enactment of the Parliament of the United Kingdom or an Order made by Her Majesty in Her Privy Council, and also includes any subsidiary legislative instrument made under an Act and any deed or other document made or issued pursuant to an Act;
"Public officer" has the meaning assigned thereto in section 22 of the Interpretation and General Provisions Act but does not include the President or a Minister.
3. (1) Where by any Act the exercise of any power or the performance of any duty is conferred upon or vested in the President, the President may, by order published in the Gazette, transfer, with effect from such date as may be specified in the order, the exercise of such power or the performance of such duty to such Minister, public officer or other person as may be specified in the order.
(2) Where by any Act the exercise of any power or the performance of any duty is conferred upon or vested in a Minister or a public officer or some other person, the President may, by order published in the Gazette, transfer, with effect from such date as may be specified in the order, the exercise of such power or the performance of such duty to such Minister, public officer or other person as may be specified in the order.
(3) An order made under this section may make such amendments to any Act in respect of which the order is made, and any Act affected by the order, being amendments consequential upon the transfer by such order of the exercise of any power or the performance of any duty, as may appear to the President to be necessary or expedient for giving effect to the order.
(4) An order made under this section may, from time to times, be varied by a subsequent order made in like manner.
4. (1) Where by any Act the exercise of any power or the of statutory performance of any duty is conferred upon or is vested in the President, a Minister or a public officer, it shall be lawful for the President, the Minister or the public officer, as the case may be, unless by law expressly prohibited from so doing, to delegate by order published in the Gazette, to any public officer or other person specified in the order, the exercise of the power or the performance of the duty, subject to any conditions, exceptions or qualifications that may be specified in the order.
(2) Nothing in subsection (1) of this section shall authorise any of the persons therein mentioned to delegate any power to make regulations under any power in that behalf conferred upon or vested in any such person by any Act.
(3) Any delegation made under subsection (1) of this section may be varied or cancelled, by the person by whom the same was made, by order published in the Gazette.
(4) No delegation under subsection (1) of this section of any power or duty shall exclude the exercise of such power or the performance of such duty by the person by whom the delegation was made.
(5) Where the exercise of any power or the performance of any duty under an Act by an authority depends on his opinion, belief or state of mind, and the power or duty is delegated, the person to whom the delegation is made may, subject to any conditions, exceptions or qualifications having effect in relation to the delegation, exercise or perform the power or duty on his own opinion, belief or state of mind.
5. Where, by or under any Act, any powers are conferred of statutory or any duties are imposed upon a public officer, the President may direct that, if from any cause the office of such public officer is vacant, or if during any period, owing to absence or inability to act from illness or any other or cause, such public officer is unable to exercise the powers or perform the duties of his office, such powers shall be had and may be exercised and such duties shall be performed by such public officer or other person as may be designated by the President, and thereupon such, public officer, or other person during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid, subject to such conditions, exceptions and qualifications as the President may direct.
6. (1) The President may, by order published in the Gazette, substitute, with effect from such date as may be specified in the order, for any reference to a public officer or person made in any Act a reference to such public officer or person as may be specified in the order.
(2) An order made under this section may make such amendments to any Act in respect of which the order is made and any Act affected by the order, being amendments consequential upon the substitution of any reference to a public officer or person, as may appear to the President to be necessary or expedient for giving effect to the order.
(3) An order made under this section may, from time to time, be varied by a subsequent order made in like manner.
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LAWS OF SEYCHELLES
CHAPTER 241
TRANSFER AND DELEGATION OF STATUTORY FUNCTIONS ACT
SUBSIDIARY LEGISLATION
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SECTION 3 AND 6
TRANSFER OF STATUTORY FUNCTIONS
The exercise and performance of the powers and duties conferred on the person specified in column 1 of the Schedule under the statutory provision specified in the corresponding entry in column 2 of the Schedule have been transferred by the President to the person specified in the corresponding entry in column 3 of the Schedule with effect from the date specified in the corresponding entry in column 4 of the Schedule by the statutory instrument specified in the corresponding entry in column 5 of the Schedule.
The amendment effected thereby have been incorporated in the Acts affected by the amendments.
SCHEDULE
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
President Sections 94, 96 Chief officer 1st February Transfer of
and 97 of the of Civil 1971 Statutory
Civil Status Status Functions
Act, (Cap.) (Civil Status) Order, 1971 (S.I. 6
of 1971);
Attorney Sections 5, 8 Chief Medical 2nd August Variation of
General and 9 of the Officer 1971 Statutory
Mental Treatment References
Act, (Cap 127) (Mental Treatment
Act) Order 1971 (S.I.72 of 1971);
Registrar Section 5 of the Magistrate and 2nd August 1971 Variation of Statutory
of Court and Mental Treat- Registrar of Reference (Mental
Director of ment Act (Cap Supreme Court Treatment Act) Order,
Medical Ser- 127) respectively 1971, (S.I. 72 of 1971);
vices
Lands officer State Land and Senior lands 16th May 1977 Variation of
River Reserves Officer Statutory References
Act (Cap 228) (State Land and River
Reserves) Order, 1977
(S.I. 33 of 1977);
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Director of Perpetual Lease Chief Develop- 16th May Transfer of
Agriculture of State Land ment Officer 1977 Statutory
(Prescribed Functions
Authority) (Lands
Regulations Settlement)
(Cap 108 Sub. (Perpetual Leases
Leg.) State Lands) Order,
1977 (S.I.34 of 1977);
Director of Curetelle Act Senior Lands 23rd May 1977 Transfer of Statutory
Agriculture (Cap 55) officer Functions (Curatelle)
Order, 1977, (S.I. 38 of
1977);
Lands Officer Immovable Chief Deve- 23rd May 1977 Transfer of Statutory
Property (Trans- lopment Functions (Immovable
Fer Restriction) Officer Property) (Transfer
Fees Regula- Restriction) (Fees
Tions, 1974 Regulations) Order,
(Cap 95 Sub. 1977 (S.I. 39 of 1977);
Leg.)
Public works Sections 17, 18, Road Trans- 20th April 1981 Transfer of Statutory
Manager 19, 21, 22, and port Commis- of The Road Functions
23 of the Road sioner (Road Traffic Restric-
Transport Act tions and Signs) Order,
(Cap 206) and 1981, (S.I. 25 of 1981)
Regulations 4 of
the Traffic signs
Regulations (Cap.
206 Sub. Leg.)
Chief Medi- Section 4(1) of Director of 26th April 1984 Transfer of Statutory
Cal Officer the Medical Health Functions Medical Prac-
Officer Practitioners Services titioners and Dentists
and Dentists Act) Order, 1984 (S.I.
Act (Cap 126) 25 of 1984);
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
Board Section 9 of the Board Transfer of Statutory
Medical Prac- constituted Functions (Medical
titioners and under regula- Practitioners and
Dentists Act tion 3 of Trans- Dentists Act) Order,
(Cap 126) fer of Statutory 1984 (S.I. 25 of 1984);
Functions
(Medical Prac-
titioners and
Dentists Act)
Order, 1984.
(S.I. 25 of 1984)
Labour Com- Under any Act Principal Secre- 1st October Transfer of Statutory
Missioner and tary Employ- 1985 Functions and Substitu-
Deputy Labour ment and tion of Statutory Refer-
Commissioner Social Services ences (Labour Commi-
ssioner and Deputy
Labour Commissioner)
Order, 1985 (S.I. 54 of
1985)
President Pensions Act Minister of 1st September Transfer of Statutory
(Cap 159) Administration 1989 Functions (Pensions)
except sections and Manpower Order, 1989, (S.I. 29 of
6(a)(i), (c), (d) 1989);
and (f) and
Section 7
Minister Section 10 of Any two of 30th November Transfer of Statutory
The Local the following 1992 Functions, (Local Loans)
Loans Act officers of the Order, 1989 (S.I. 39 of
(Cap 117) Central Bank 1989), (S.I. 66 of 1991)
who shall act and (SI 110 of 1992)
jointly (SI. 87 of 1995) (SI. 59
Of 1996)
(a) The Governor
of the Central
Bank
(b) The General
Manager of
the Central
Bank;
(c) The Director
General Banking
Services;
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
(d) Director of
Banking and
Currency
Operations;
(e) Director Bank
Supervision;
(f) Assistant
Banking and
Public Debt
Officer.
National Sections 6 and Director General6th August 1990Transfer of Statutory
Monuments 8 of the nationalLand and Infra Functions (National
Monument Act structure Divi- Monuments) Order (S.I.
(Cap. 140) sion Ministry of 40 of 1990).
Community
Development
Accountant Under any wri- Principal Sec- 27th May, 1991 Transfer of Statutory
General ten law retary, Ministry Functions of Substitution
Of Finance of Statutory References
(Accountant General)
Order, 1991. (S.I. 41 of
1991.)
Public Works Sections 4 and 6Director of Transfer of Statutory
Manager Land Reclama- Physical Functions Act) Order SI.
tion Act (Cap Planning 51 of 1996
241)
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2. The exercise of the powers conferred upon the Minister by regulations 75 and 76 of the Post Office Regulations are hereby delegated to the Principal Secretary to the Minister.
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SECTION 4
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DELEGATION OF STATUTORY FUNCTIONS
(8th April 1957)
Exercise of the powers conferred upon the President by Section 150 (3) of the Criminal Procedure Code are delegated to the Commissioner of Police where the property forfeited to the Republic does not exceed Rs200.00.
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The Delegation of Statutory Functions (Appointment to Sell Stamps) Order.
(28th February, 1972)
1. This Order may be cited as the Delegation of Statutory Functions (Appointment to Sell Stamps) Order.
2. The exercise of the powers conferred upon the Minister of certain by regulations 75 and 76 of the Post Office Regulations are statutory hereby delegated to the Principal Secretary to the Minister.
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The Delegation of Statutory Functions (Land Reclamation) Order,
(21st March, 1972)
1. This order may be cited as the Delegation of Statutory Functions (Land Reclamation) Order.
2. The exercise of the powers and the performance of the certain duties conferred upon the President by sections 2(1), 4(2) (3) and 6 of the Land Reclamation Act are hereby delegated to the Town and Country Planning Authority established by section 3 of the Town and Country Planning Act.
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The Delegation of Statutory Functions (Options on the Sale or Lease of Immovable Property) Order
(12th March 1973)
1. This order may be cited as the Delegation of Statutory Functions (Options on the Sale or Lease of Immovable Property) Order.
2. The exercise of the powers and the performance of the statutory duties conferred upon the Council of Ministers by sections 4 functions and 5 of the Immovable Property (Transfer Restriction) Act, under Cap. 95 insofar as the granting of sanction for the taking out of options of not more than six months' duration on the purchase or lease of immovable property is concerned, are hereby delegated to the Chief Development Officer.
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The Delegation of Statutory Functions (Leases of State Land) Order
(24th June, 1974)
1. This Order may be cited as the Delegation of Statutory Functions (Leases of State Land) Order.
2. (1) The exercise of the powers and the performance of the duties conferred upon the Ministers by sections 4 and 5 of the Immovable Property (Transfer Restriction) Act are hereby delegated to the Chief Development Officer in cases where the President has approved the lease of State Land under the provisions of the State Land and River Reserves Act.
(2) This delegation to the Chief Development Officer shall special cases apply only in the case of leases of State Lands, and be under Cap. 228 subject to the terms contained in such leases, as are approved by the President.
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The Delegation of Statutory Functions (Appointment of Census Officers) Order
(25th July 1977)
1. This Order may be cited as the Delegation of Statutory Functions (Appointment of Census Officers) Order.
2. The exercise of the powers conferred upon the President of statutory by section 3 of the Census Act to appoint such census officers power under as may be required, is hereby delegated to the Census section 3 of Commissioner.
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The Delegation of Statutory Functions (Treasury Bills Decree) Order
(11th November, 1991)
1. This Order may be cited as the Delegation of Statutory Functions (Treasury Bills Decree) Order.
2. Subject to paragraph 3, the exercise of the power and the statutory performance of the functions conferred upon the Principal Secretary by function of section 3(c) of the Treasury Bills Decree is hereby delegated to the of secretary following officers of the Central Bank of Seychelles -
(a) Governor;
(b) General Manager;
(c) Director of Banking Services;
(d) Director of Banking Supervision;
(e) Accountant;
(f) Director of Administration and Public Debt; and
(g) Administration and Public Debt Officer.
3. The power and functions delegated under paragraph 2 shall be power exercised and performed by 2 officers acting jointly.
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Delegation of Statutory Functions (Police Force Act) Order
(1st February, 1992)
1. This Order may be cited as the Delegation of Statutory Functions (Police Force Act) Order.
2. The exercise of the functions conferred on the President by section 47(2) of the Police Force Act is hereby delegated to the Minister of Administration and Manpower with effect from the 1st February, 1992.
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Delegation of Statutory Functions (Patents Act) Order
(1st February, 1992)
1. This Order may be cited as the Delegation of Statutory Functions (Patents Act) Order.
2. The exercise of the functions conferred on the President by section 17 and 29 of the Patents Act is hereby delegated to the Registrar.
3. The exercise of the functions conferred upon the President by sections 17 and 29 of the Patents Act by the Attorney-General before the making of this Order is hereby validated and declared to have been validly done as if the exercise of the functions were done under an Order under section 4 of the Transfer and Delegation of Statutory Functions Act.
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Delegation of Statutory Functions (State Land and River Reserves Act) Order
(30th August, 1993)
1. This Order may be cited as the Delegation of Statutory Functions (State Land and River Reserves Act) Order.
2. (1) Subject to subparagraph (2), the exercise of the functions conferred upon the President by sections 5, 8, 9 and 10(1) of the State Land and River Reserves Act is hereby delegated to the Minister responsible for Lands, the Principal Secretary of the Ministry of Community Development and the Director of Lands who may exercise the functions singly or jointly.
(2) The Minister responsible for Lands, the Principal Secretary of the Ministry of Community Development and the Director of Lands shall, prior to exercising the functions delegated under this Order, obtain the written approval of the President for such exercise.
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Delegation of Statutory Functions (Passport Act) Order
(6th September, 1993)
1. This Order may be cited as the Delegation of Statutory Functions (Passport Act) Order.
2. The exercise of the functions conferred on the Minister by under section 6(1)(c) and (d) of the Passport Act to give directions to endorse a passport or issue a passport for a shorter period than that prescribed is hereby delegated to the Director of Immigration.
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Delegation of Statutory Functions (Air Navigation Overseas Territories Order) Order
(12th February, 1996)
1. This Order may be cited as the Delegation of Statutory Functions (Air Navigation (Overseas Territories) Order) Order.
2. (1) The exercise of the powers conferred on the Minister by Article 87 of the Air Navigation (Overseas Territories) Order is hereby delegated to the following officers of the Directorate Civil Aviation -
(a) the Director General of Civil Aviation;
(b) the Director, Operations and Aviation Safety;
(c) the Assistant Director, Operations and Aviation Safety.
(2) The powers delegated under subparagraph (1) may be exercised by the officers singly or jointly.
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Delegation of Statutory Functions (Land Reclamation Act) Order
(5th May, 1996)
1. This Order may be cited as the Transfer of Statutory Functions (Land Reclamation Act) Order.
2. The exercise of the functions conferred on the Public Works Manager by section 4 and 6 is hereby transferred to the Director of Physical Planning who shall, where the Director is not an engineer, act in consultation with the Senior Engineer of the Ministry.
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Delegation of Statutory Functions (Local Loans) Order
(25th July, 1996)
1. This Order may be cited as the Transfer of Statutory Functions (Local Loans) Order.
2. The exercise of the powers conferred under section 10(1) of the Local Loans Act on the public Officers specified in subsection (2) of that section is hereby transferred to-
(a) the Governor of the Central Bank;
(b) the General Manager of the Central Bank;
(c) the Director General Banking Services;
(d) Director of Banking and Currency Operations;
(e) Director bank Supervision;
(f) Assistant Banking and Public Debt Officer.
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Delegation of Statutory Functions (Citizenship Act) Order
(21st April, 1997)
1. This Order may be cited as the Delegation of Statutory Functions (Citizenship Act) Order.
2. The exercise of the functions conferred under section 7(3) and (4) of the Citizenship Act on the Citizenship Officer in respect of persons taking the oath of allegiance in the territories specified in the Schedule is hereby delegated to the Trade Commissioner of Seychelles in those territories.
3. The Delegation of Statutory Functions (Citizenship Act) Order, 1996 is hereby revoked.
SCHEDULE
Albania
Barbados
Bosnia
Bulgaria
Cambodia
Croatia
Cyprus
Czech republic
Egypt
Greece
Hong Kong
Isle of Man
Israel
Jordan
Lebanon
Malaysia
Mauritius
Myanmar
Nepal
Philippines
Poland
Romania
Russiaand the CIS Countries
Serbia
Slovakia
South Africa*
Sri Lanka
State of Tamil Nadu in India
Taiwan
Thailand
Turkey
Vietnam
*The exercise of the functions conferred by section 7(3) and (4) of the Citizenship Act on the Citizenship Officer in respect of Citizenship persons taking the oath of allegiance in South Africa is hereby Officer under delegated to the Honorary Consul of Seychelles in South Africa. (SI. 64 of 1997)
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Delegation of Statutory Functions (Civil Status Act)
(15th June, 1998)
1. This Order may be cited as the Delegation of Statutory Functions (Civil Status Act) Order.
2. The exercise of the powers conferred on the Chief Officer of the Civil Status under the Civil Status Act is hereby Chief Officer delegated to the Principal Secretary of the Internal Affairs.
3. The exercise of the functions conferred on the President or the Minister by section 6, 7, 31(3) Proviso, 36(4), 40, 45, 52(3), 59, 68, 75 Proviso of the Civil Status Act is hereby delegated to the President or Principal Secretary of Internal Affairs.
4. The delegation under paragraph 2 and 3 shall take effect on 29th March, 2004.
5. The Delegation of Statutory Functions (Civil Status Act) Order 1998 is hereby revoked with effect from 29th March, 2004.
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Delegation of Statutory Functions (Minor Offences (Fixed Penalties) Decree) Order
(22nd June, 1998)
1. This Order may be cited as the Delegation of Statutory Functions (Minor Offences (Fixed Penalties) Decree) Order.
2. (1) In this Order a prescribed offence means an offence created power under by or under a specified provision in terms of section 24A of the section 4(3) Road Transport Act and which is a prescribed offence under the Minor Offence (Fixed Penalties) Decree.
(2) The exercise of the power conferred on the Commissioner of Police to serve a notice under section 4(3) of the Minor Offences (Fixed Penalties) Decree on a person who has failed to pay a fixed penalty in respect of a prescribed offence after a fixed penalty notice has been served or affixed under section 3 of the Decree is hereby delegated to the Issuing Officer appointed by the Road Transport Commissioner.
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Delegation of Statutory Functions (Exchange Control Act) Order
(21st April, 1997)
1. This Order may be cited as the Delegation of Statutory Functions (Exchange Control Act) Order.
2. The exercise of the powers conferred on the Minister to grant or revoke any permission, consent, approval or authority or to give any direction or give or receive any notice under the Exchange Control Act in respect of any matter or thing that arose or may arise before, on or after this Order is, without prejudice to section 37(d) of the Central Bank of Seychelles Act, hereby delegated to the General Manager of the Central Bank of Seychelles established under section 3 of the Central Bank of Seychelles Act.
3. The Delegation of Statutory Functions (Exchange Control Act) Order, 1997 published in the Official Gazette of 21st April 1997 is hereby revoked.
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Section 3(2)
Transfer of Statutory Functions (Trades Tax Act)
(28th May, 2001)
1. This Order may be cited as the Transfer of Statutory Functions (Trades Tax Act) Order.
2. The exercise of the powers conferred on the Minister by section 8 of the Trades Tax Act and regulations made thereunder in relation to the issue of permits for the import or export of prescribed goods other than the power of prescribing goods are transferred with effect from 1st June, 2001 to the Controller of Imports and Exports.
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Transfer of Statutory Functions (Local Loans) Order
(13th October 1997)
1. This Order may be cited as the Transfer of Statutory Functions (Local Loans) Order.
2. The exercise of the powers conferred under section 10(1) of the Local Loans Act on the public officers specified in subsection 10(2) of that Act is hereby transferred to -
1. Governor;
2. Deputy Govenor;
3. Head of Division - Banking Services;
4. Head of Division - Public Debt;
5. Director of Banking and Currency Operations;
6. Public Debt Officer.
3. The Delegation of Statutory Functions (Local Loans) Order 2001 published in the official gazette of 23rdd July 2001 is hereby revoked.
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Section 3(2)
Transfer of Statutory Functions (Specified Acts) Order
1. This Order may be cited as the Transfer of Statutory Functions (Specified Acts) Order.
2. The exercise of any power or the performance of any duty conferred upon or vested in the Minister by the Acts specified in the Schedule are hereby transferred with effect from the date of publication of this Order, to the Designated Minister appointed under Article 75 of the Constitution.
SCHEDULE
Islamic Society of Seychelles (Incorporation) Act (Cap 103B)
Roman Catholic Church of Seychelles (Incorporation) Act (Cap 207)
National Spiritual Assembly of the Bahaâ is of Seychelles (Incorporation) Act (Cap 144)
Seventh-Day Adventist Mission (Incorporation) Act (Cap 210).
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Transfer of Statutory Functions (Seychelles National Environment Commission) Order
(28th September, 1998)
1. This Order may be cited as the Transfer of Statutory Functions (Seychelles National Environment Commission) Order.
2. The exercise of the functions conferred on the Seychelles National Environment Commission by or under the National Parks and Nature Conservancy Act is hereby transferred to the Minister of Environment and Transport with effect from the date of this Order.
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Transfer of Statutory Functions (Public Utilities Corporation Act) Order
(12th July, 1999)
1. This Order may be cited as the Transfer of Statutory Functions (Public Utilities Corporation Act) Order.
2. The exercise of the functions conferred on the Minister by the Public Utilities Corporation Act, in so far as the functions relate to the supply of water and the provision of sewerage, is hereby transferred to the Minister of Environment and Transport with effect from the date of this Order.
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Transfer of Statutory Functions (Penal Code) Order, 1999
(13th September, 1999)
1. This Order may be cited as the Transfer of Statutory Functions (Penal Code) Order.
2. The exercise of the functions conferred on the Department of Agriculture by section 183(a) of the Penal Code is hereby transferred to the Ministry of Environment and Transport with effect from the date of this Order.
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Transfer of Statutory Functions (Cooperatives) Order
(31st May, 2004)
1. This Order may be cited as the Delegation of Statutory Functions (Cooperatives) Order.
2. The exercise of powers and the performance of duties conferred upon or vested in the Minister by the following sections of the Cooperatives Act, namely-
(a) section 3(2)
(b) section 5(2)
(c) section 6(5), (6), (7)
(d) section 7(2)
(e) section 9(1), (2), (3), (4)
(f) section 10(4)
(g) section 12
insofar as they apply to the Seychelles Credit Union, established by the Cooperatives (Seychelles Credit Union) (Establishment) Order, are hereby delegated to the Central Bank of Seychelles.
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Substitution of Statutory Reference Order, 2004
(1st October, 2004)
1. This Order may be cited as the Substitution of Statutory Reference Order, 2004 and shall come into effect on 1st October.
2. There shall be substituted for the reference to “Harbour Master” wherever it appears in-
(a) the Merchant Shipping Act and subsidiary legislation made thereunder; and
(b) the Control of Hire Craft Act and subsidiary legislation made thereunder
reference to “Director General of Maritime Safety Administration”.
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Transfer of Statutory Functions (Management and Administration of the Fishing Port) Order
(28th May, 2001)
1. This Order may be cited as the Transfer of Statutory Functions (Management and Administration of the Fishing Port) Order.
2. The exercise of the functions in relation to the management and administration of the Fishing Port vested in the Seychelles Fishing Authority by or under the Harbour Act is hereby transferred to the Seychelles Ports Authority with effect from 1st October, 2004.
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Transfer of Statutory Functions (Development Bank of Seychelles Decree) Order
(17th August, 2009)
1. This Order may be cited as the Delegation of Statutory Functions (Development Bank of Seychelles Decree) Order.
2. The exercise of the powers and the performance of duties conferred upon or vested in the President and the Minister by the following sections of the Development Bank of Seychelles Decree, namely-
(a) section 17}
(b) section 24} President
(c) section 30}
(d) section 33}
(e) section 34} Minister
(f) section 35}
(g) section 36}
are hereby delegated to the Central Bank of Seychelles.
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Section 3(2) and (3)
Transfer of Statutory Functions (Mutual Fund and Hedge Fund Act, 2007) Order
[11th January 2010]
1. This Order may be cited as the Transfer of Statutory Functions (Mutual Fund and Hedge Fund Act, 2007) Order.
2. The exercise and performance of the powers and duties conferred on the Authority by the Mutual Fund and Hedge Fund Act, 2007 (Act 10 of 2007) are hereby transferred with effect from the date of publication of this Order to the Seychelles International Business Authority established by the Seychelles International Business Authority Act (Cap 216A).
3. For the purpose of giving effect to this Order, the Mutual Fund and Hedge Fund Act, 2007 is hereby amended in section 2, of that Act, by repealing the definition of “the Authority” and substituting therefor, the following definition:
“the Authority” means the Seychelles International Business Authority established by the Seychelles International Business Authority Act (Cap 216A):”.
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Section 3(2)
Transfer of Statutory Functions (The Securities Act, 2007) Order
[11th January 2010]
1. This Order may be cited as the Transfer of Statutory Functions (The Securities Act, 2007) Order.
2. The exercise and performance of the powers and duties conferred on the Securities Authority by the Securities Act, 2007 are hereby transferred, with effect from the date of publication of this Order, to the Seychelles International Business Authority established by the Seychelles International Business Authority Act (Cap 216A).
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Section 3(1)
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Transfer of Statutory Functions (Anti-Money Laundering Act) Order, 2010
[15th February 2010]
1. This Order may be cited as the Transfer of Statutory Functions (Anti-Money Laundering Act) Order.
2. The exercise of powers or performing of duties conferred upon or vested in the President by the following sections of the Anti-Money Laundering Act, 2006 is hereby transferred, with effect from the date of publication of this Order, to the Board of Directors of the Central Bank of Seychelles —
16(4), (6), (7), (8), (9), (10), (11)
17(5)(a), 17(7)
18(2) (c)ooooo
3. For the purpose of this Order, the word “he” in section 16(6) referred to in paragraph 2 and the word “his” in section 17(5)(a) referred to in paragraph 2 shall be read as references to the Board of Directors of the Central Bank of Seychelles.
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