Interpretation and General Clauses Act · 2022 Revised Edition · Part · Powers and Appointments
21. Construction of enabling words
Official textFrom Attorney General's Chambers, unchanged
Whenever any written law, either expressly or by necessary implication, confers on any person power to do or enforce the doing of any
written law
“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council, or any law which no authority in Brunei Darussalam is empowered to amend;
Interpretation and General Clauses act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
act
“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
Without prejudice to the generality of subsection (1) —
a power to provide for, prohibit, control or regulate any matter includes power to provide for that matter by the licensing thereof and power to prohibit acts whereby the prohibitions, control or regulations affecting that matter might be evaded;
a power to grant a licence, permit, authority, approval or exemption includes power to impose reasonable conditions subject to which such licence, permit, authority, approval or exemption may be granted;
power to approve any person or thing includes power to withdraw approval thereof; and
power to give directions includes power to couch the same in the form of prohibitions.
Without prejudice to the generality of subsection (1), whenever in any written law one of the following expressions, namely, “as His Majesty the Sultan and Yang Di-Pertuan may appoint”, or “as His Majesty the Sultan and Yang Di-Pertuan may direct”, or “as may be designated by His Majesty the Sultan and Yang Di-Pertuan”, or any similar expression, appears, and no power is expressly conferred upon His Majesty the Sultan and Yang
His Majesty the Sultan and Yang Di-Pertuan
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and includes — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan; (b) where appropriate, a Council of Regency; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
Di-Pertuan to make the appointment, give the direction or make the designation, or as the case may be, such power shall nevertheless be deemed to be conferred by necessary implication.
Subsection (3) shall have effect in relation to His Majesty the
His Majesty
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and includes — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan; (b) where appropriate, a Council of Regency; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
Sultan and Yang Di-Pertuan, His Majesty the Sultan and Yang Di-Pertuan in
Council, a public body, public officer or other person as it has effect in relation to His Majesty the Sultan and Yang Di-Pertuan, and shall have effect in respect of any instrument or other matter as it has effect in respect of appointments or directions.
public body
“public body” means any executive or legislative council, any Government department or undertaking, any local or public authority or undertaking, any board, commission, committee or other body, whether paid or unpaid, which is vested with, or is performing, whether permanently or temporarily, duties of a public nature;
Without prejudice to the generality of subsection (1), whenever in any written law power is expressly or impliedly conferred on His Majesty the Sultan and Yang Di-Pertuan, His Majesty the Sultan and Yang
Interpretation and General Clauses 36
Di-Pertuan in Council, a public body or a public officer to make any
public officer
“public officer” means the holder of any public office and includes any person appointed to act in any such office;
Proclamation, warrant, order, instrument or appointment, or to give any direction, approval or notice, and it does not expressly appear what effect any such making or giving shall have, the instrument or document made or executed in pursuance of such power shall, if lawfully made in conformity with the power so conferred, have effect nevertheless according to its tenor.
Proclamation
“Proclamation” includes a Proclamation made by or under the authority of the Military Commander during the period of the British Military Administration;
Terms defined in s 3
act
Defined · s 3“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
His Majesty
Defined · s 3“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and includes — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan; (b) where appropriate, a Council of Regency; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
His Majesty the Sultan and Yang Di-Pertuan
Defined · s 3“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and includes — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan; (b) where appropriate, a Council of Regency; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
instrument
Defined · s 3“instrument” includes any publication in the Gazette, whether or not such publication merely purports to publish the doing of an act or the occurrence of a fact or event, or otherwise conveys or purports to convey information;
person
Defined · s 3“person” includes any company or association or body of persons, corporate or unincorporate; and this interpretation applies notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
Proclamation
Defined · s 3“Proclamation” includes a Proclamation made by or under the authority of the Military Commander during the period of the British Military Administration;
public body
Defined · s 3“public body” means any executive or legislative council, any Government department or undertaking, any local or public authority or undertaking, any board, commission, committee or other body, whether paid or unpaid, which is vested with, or is performing, whether permanently or temporarily, duties of a public nature;
public officer
Defined · s 3“public officer” means the holder of any public office and includes any person appointed to act in any such office;
written law
Defined · s 3“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council, or any law which no authority in Brunei Darussalam is empowered to amend;
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Delegation of Powers
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Penal Provisions
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