EMERGENCY POWERS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Emergency Regulations

 

THE EMERGENCY POWERS ACT

[Date of Commencement: 6th June, 1938]

Cap 111.

Law 39 of 1961.

Acts
9 of 1966,
42 of 1969.

1   Short title

   This Act may be cited as the Emergency Powers Act.

2   Interpretation

   In this Act-

   "period of public emergency" means any period during which there is in force a Proclamation by the Governor-General declaring that a state of public emergency exists;

[9/1966 s 2.]

   "Proclamation" means a Proclamation, effective for the purposes of subsection (4) of section 26 of the Constitution of Jamaica, which is issued upon the Governor-General being satisfied-

   (a)   that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity whether similar to the foregoing or not; or

   (b)   that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

3   Emergency Regulations

{akeebasubs !jamaica law}

 

{/akeebasubs}{akeebasubs*}

   (1) During a period of public emergency, it shall be lawful for the Governor-General, by order, to make Regulations for securing the essentials of life to the community, and those Regulations may confer or impose on any Government Department or any persons in Her Majesty's Service or acting on Her Majesty's behalf such powers and duties as the Governor-General may deem necessary or expedient for the preservation of the peace, for securing and regulating the supply and distribution of food, water, fuel, light and other necessities, for maintaining the means of transit or locomotion, and for any other purposes essential to the public safety and the life of the community, and may make such provisions incidental to the powers aforesaid as may appear to the Governor-General to be required for making the exercise of those powers effective.

[39/1961 s 2; 9/1966 s 3(a); 42/1969 3rd Sch.]

   (2) Without prejudice to the generality of the powers conferred by subsection (1), such Regulations may so far as appears to the Governor-General to be necessary or expedient for any of the purposes mentioned in that subsection-

   (a)   make provision for the detention of persons and the deportation and exclusion of persons from Jamaica;

   (b)   authorise on behalf of Her Majesty-

         (i)   the taking of possession or control or the managing or carrying on, as the case may be, of any property or undertaking;

         (ii)   the acquisition of any property other than land;

   (c)   authorise the entering and search of any premises;

   (d)   provide for amending any enactment, for suspending the operation of any enactment, and for applying any enactment with or without modification;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.