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Article 21 Interpretation of Part I

Original text. Later amendments are not shown.

(1)

In this Part, unless otherwise expressly provided or required by the context—

  • “contravene” in relation to any requirement includes fail to comply with that requirement, and cognate expressions shall be construed accordingly;

  • “court” means any court of law or tribunal having jurisdiction in Montserrat, including Her Majesty in Council, but excepting, save in section 5, a court established by or under disciplinary law;

  • “disciplinary law” means a law regulating the discipline of any disciplined force;

  • “disciplined force” means—

    1. (a)

      a naval, military or air force;

    2. (b)

      any police service or prison service in Montserrat;

  • “legal representative” means a person entitled to practise law in Montserrat;

  • “member” in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

  • “minor” means a person who has not attained the age of eighteen years;

  • “period of public emergency” means any period during which—

    1. (a)

      Her Majesty is at war; or

    2. (b)

      there is in force in Montserrat a proclamation of emergency under section 18(1) or under any law made by the Legislature to like effect.

(2)

In relation to any person who is a member of a disciplined force raised under the law of Montserrat, nothing in or done under the authority of the disciplinary law of that force shall be held to contravene the provisions of this Part other than sections 3, 4 and 5.

(3)

In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Montserrat, nothing in or done under the authority of the disciplinary law of that force shall be held to contravene any provisions of this Part.