JUDICATURE (SUPREME COURT) ADDITIONAL POWERS OF REGISTRAR ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Power to make order conferring jurisdiction on Registrar

   4   Powers of Registrar exercising jurisdiction under this Act, etc

   5   Power of Registrar to refer matter to Judge

   6   Appeals

   7   Special provisions relating to exercise by Registrar of jurisdiction in bankruptcy

   8   Savings

   9   Power to amend Schedule

      SCHEDULE

 

THE JUDICATURE (SUPREME COURT) ADDITIONAL POWERS OF REGISTRAR ACT

[Date of Commencement: 13th February 1948]

Cap 181.

Law 15 of 1962.

LNs
94/1960,
532">/1989.

1   Short title

   This Act may be cited as the Judicature (Supreme Court) Additional Powers of Registrar Act.

2   Interpretation

   In this Act-

   "this Act" includes any order made under this Act;

   "Chief Justice" means the Chief Justice of Jamaica;

   "the Court" means the Supreme Court;

   "Judge" means a Judge of the Supreme Court;

   "Registrar" means the Registrar of the Supreme Court.

3   Power to make order conferring jurisdiction on Registrar

   (1) The Chief Justice may by order published in the Gazette empower the Registrar to exercise, as from such date as shall be specified in such order, jurisdiction in relation to all of the matters specified in the Schedule or in relation to such of such matters as may be specified in such order.

   (2) The Chief Justice may by order amend or revoke any order made under subsection (1), and any such amending or revoking order shall specify the date on which it shall take effect.

   (3) Where under any amending or revoking order made under subsection (2) the Registrar ceases to have jurisdiction in relation to any matter, then, in relation to any such matter pending before the Registrar on the date specified in such amending or revoking order, the following provisions shall have effect, that is to say-

   (a)   where the matter has not as yet been heard by the Registrar, then such matter shall be deemed to be pending before a Judge;

   (b)   where the matter has been part heard by the Registrar, then the Registrar shall continue to have and exercise jurisdiction in relation to such matter and may make an order thereon as if such amending or revoking order had not been made, but thereafter the Registrar shall cease to have and exercise jurisdiction in relation thereto.

4   Powers of Registrar exercising jurisdiction under this Act, etc

   (1) Where under this Act the Registrar has jurisdiction in relation to any matter, then, subject to this Act, the Registrar shall have and may exercise in relation to the matter all the powers of the Court or a Judge, including the power of making an order in such matter, which order may include provision for costs, certificate for counsel or other consequential matters; and any such order so made by the Registrar shall, subject to this Act, have the same effect as if it had been made by the Court or a Judge.

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   (2) Where under this Act the Registrar exercises jurisdiction in relation to any matter then-

   (a)   in relation to such matter, the Registrar shall have all the rights, powers, immunities and privileges of a Judge;

   (b)   any party to the proceedings may, if he so desires, appear by counsel or solicitor.

5   Power of Registrar to refer matter to Judge

   (1) Where under this Act the Registrar is empowered to exercise jurisdiction in relation to any matter but, on such matter coming before him, he considers that it is desirable by reason either of the nature of the matter, or of the importance of the principles involved, or of the difficulty of the legal problems connected therewith, or for any other reason, whether similar to the foregoing or not, so to do, he may refer the matter to a Judge.

   (2) Where under subsection (1) the Registrar refers any matter to a Judge, the Judge to whom the matter is so, referred may either-

   (a)   dispose of the matter as if it had been pending before him originally; or

   (b)   refer the matter back to the Registrar with such directions as he may think fit.

   (3) Where a Judge refers any matter back to the Registrar with directions under subsection (2), the Registrar shall forthwith take all necessary steps to comply with and give effect to such directions and for such purpose shall have and may exercise all the powers of the Judge.

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