Interpretation and General Clauses Act · 2022 Revised Edition · Part · Powers and Appointments
28. Presumption in favour of lawful exercise of power
Official textFrom Attorney General's Chambers, unchanged
Whenever, by virtue of any written law, power is conferred on
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;
His Majesty the Sultan and Yang Di-Pertuan or any public officer to —
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;
make any subsidiary legislation;
make any instrument; or
exercise any power, and the written law conferring the power prescribes conditions, whether objective or subjective, subject to the observance, performance or existence of which any such power may be exercised, a statement in the instrument exercising the power that the subsidiary legislation or instrument is made, or the power exercised, in exercise of, or in pursuance of, the power conferred by such written law, or a statement to the like effect, shall, if such statement includes reference to the provision of such written law where such conditions are prescribed, be deemed to include a statement that the conditions precedent to the making of the subsidiary legislation or instrument, or to the exercise of the power, have been duly fulfilled.
For the purposes of this section, His Majesty the Sultan and
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;
Yang Di-Pertuan includes His Majesty the Sultan and Yang Di-Pertuan acting after consultation with any Council constituted by or under any written law.
Terms defined in s 3
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;
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;
subsidiary legislation
Defined · s 3“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
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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