Interpretation and General Clauses Act · 2022 Revised Edition · Part · Delegation of Powers
31A. Delegation of power of Minister
Official textFrom Attorney General's Chambers, unchanged
Where in any written law a Minister is empowered to exercise any power or perform any duty, he may, in the absence of any provision of law to the contrary, with the approval of His Majesty the Sultan and Yang
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;
Di-Pertuan and by notification published in the Gazette, depute any person by name or the person for the time being discharging the duties of an office designated by him to exercise such powers or perform such duties on behalf of the Minister subject to such conditions, exceptions and qualifications as
Gazette
“Gazette” or “Government Gazette” means the Gazette published in electronic or other form by the order of the Government, and includes Parts thereof, any Supplement thereto or any Extraordinary Gazette so published;
His Majesty the Sultan and Yang Di-Pertuan may determine, and thereupon or from the date specified by His Majesty the Sultan and Yang Di-Pertuan, the person so deputed shall have and exercise such powers and perform such duties:
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;
Provided that nothing herein contained shall authorise a Minister to depute any person to make subsidiary legislation under the power in that behalf conferred upon the Minister by any Act.
Minister
“Minister” means a person appointed under the provisions of Article 4(3) of the Constitution;
The Minister may exercise any powers or perform any duties conferred upon him by an Act notwithstanding the delegation by him of such powers or duties.
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;
Interpretation and General Clauses 40
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;
Gazette
Defined · s 3“Gazette” or “Government Gazette” means the Gazette published in electronic or other form by the order of the Government, and includes Parts thereof, any Supplement thereto or any Extraordinary Gazette so published;
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;
Minister
Defined · s 3“Minister” means a person appointed under the provisions of Article 4(3) of the Constitution;
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;
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;