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No.      of 2023 Nevis Island Administration Saint Christopher

(Civil Proceedings) Bill, 2023 and Nevis

R

 

Arrangement of Sections.

Section

1. Short Title.
2. Interpretation.
3. Capacity of Nevis Island Administration to sue or be sued.
4. Service of documents on Nevis Island Administration.
5. Application of Crown Proceedings Act.
6. Regulations.

No.     of 2023 Nevis Island Administration Saint Christopher

(Civil Proceedings) Bill, 2023 and Nevis

SAINT CHRISTOPHER AND NEVIS

No.         of 2023

A BILL to provide for the Nevis Island Administration to sue and be sued in its capacity as an organ of the Crown and for related matters.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows:

WHEREAS under section 102 of the Constitution, there is a Nevis Island Administration.

AND WHEREAS under section 106(1) of the Constitution, the Nevis Island Administration shall have exclusive responsibility for the administration within the Island of Nevis, in accordance with the provisions of any relevant laws, of airports and seaports; education; extraction and processing of minerals; fisheries; health and welfare; labour, land and buildings vested in the Crown and specifically appropriated to the use of the Government; and licensing of imports into and exports out of Saint Christopher and Nevis.

AND WHEREAS under section 106(4) of the Constitution, it is provided that nothing in section 106(1) shall be construed as precluding the legislature from conferring other responsibilities on the Administration. 

AND WHEREAS under section 37(6) of the Constitution, it is provided that Parliament may make additions to the specified matters under section 106(1) but a bill for that purpose shall not be regarded as being passed in the National Assembly unless on its final reading it is supported by the votes of not less than two-thirds of all the Representatives. 

NOW THEREFORE BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis and by the authority of the same as follows

1. Short title.

This Act may be cited as the Nevis Island Administration (Civil Proceedings) Act, 2023.

2. Interpretation.

In this Act, unless the context otherwise requires—

“Constitution” means the Saint Christopher and Nevis Constitution Order, 1983 as set out in the Fourth Schedule to the West Indies Act, Cap 1.01; 

“Minister” means the Minister of Justice;

“Nevis Island Administration” has the same meaning as set out in section 102(1) of the Constitution.

3. Capacity of Nevis Island Administration to Sue or Be Sued.

Subject to section 37(6), Chapter X and Schedule 5 of the Constitution, the Nevis Island Administration shall—

1. be a body corporate with perpetual succession and a common seal;
2. be judicially and officially noted;
3. have the power to sue and be sued in its own name; and 
4. hold and dispose of property.
5. Service of documents on Nevis Island Administration.
6. All documents required to be served on the Nevis Island Administration for the purpose of, or in connection with, any civil proceedings against the Nevis Island Administration shall be served on the Legal Department located at the Office of the Premier of the Nevis Island Administration.
7. All documents required to be served on an officer of the Nevis Island Administration, as distinct from the Nevis Island Administration itself, shall be served personally on that officer.
8. Application of Crown Proceedings Act.

Subject to sections 3 and 4, the provisions of the Crown Proceedings Act shall apply equally to the Nevis Island Administration.

6. Regulations.

The Minister may make regulations for the purpose of giving effect to the provisions of this Act.

……………………………….

      LANEIN BLANCHETTE

                                    Speaker

Passed by the National Assembly this                day of                             , 2023.

…………………………………..

          TREVLYN STAPLETON

          Clerk of the National Assembly