Act 22 2023 - Act 22 - 2023 - Miscellaneous Amendments Act 2023

[20th November 2 0 2 3 ] M iscellaneous Amendment Act 612 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT MISCELLANEOUS AMENDMENTS ACT, 2023 (Act 22 of 2023) ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY Sections 1. Short title PART 2 SEYCHELLES HUMAN RIGHTS COMMISSION ACT 2. Amendment of the Seychelles Human Rights Commission Act PART 3 MALARIA ACT 3. Repeal of Malaria Act PART 4 MEDICAL APPEAL BOARDS ACT 4. Repeal of Medical Appeal Boards Act PART 5 PUBLIC HEALTH AUTHORITY ACT 5. Amendment of section 8 of the Public Health Authority Act PART 6 QUARANTINE ACT 6. Revision of the Quarantine Act 7. Amendment of Act 8. Amendment of section 2 9. Amendment of section 9 PART 7 MENTAL HEALTH CARE ACT 10. Amendment of section 52 of the Mental Health Care Act [20th November 2 0 2 3 ] M iscellaneous Amendment Act 613 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT PART 8 PESTICIDES CONTROL ACT 11. Amendment of section 22 of the Pesticides Control Act PART 9 SEYCHELLES SECURITY GUARDS SERVICE PENSION ACT 12. Repeal of Seychelles Security Guards Service Pension Act PART 10 MARRIAGE OF THE BRITISH SUBJECTS (FACILITIES) ACT ORDER IN COUNCIL, 1916 13. Repeal of the Marriage of the British Subjects (Facilities) Act PART 11 CENSUS ACT 14. Revision of the Census Act 15. Amendment of section 5 16. Amendment of section 8 PART 12 CIVIL STATUS ACT 17. Revision of the Civil Status Act 18. Amendment of section 2 19. Repeal of section 93 20. Amendment of section 108 21. Amendment of section 109 22. Amendment of section 113 23. Amendment of section 115 24. Repeal of section 121 PART 13 NATIONAL IDENTITY CARDS ACT 25. Revision of the National Identity Card Act 26. Insertion of new section 4A 27. Amendment of section 5 [20th November 2 0 2 3 ] M iscellaneous Amendment Act 614 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT 28. Amendment of section 9 29. Amendment of section 10 PART 14 PARASTATAL CORPORATIONS ACT 30. Repeal of the Parastatal Corporations Act PART 15 LAW COMMISSION ACT 31. Amendment of section 4 of the Law Commission Act PART 16 SEYCHELLES INTELLIGENCE SERVICE ACT 32. Amendment of section 4 of the Seychelles Intelligence Service Act [20th November 2 0 2 3 ] M iscellaneous Amendment Act 615 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT MISCELLANEOUS AMENDMENTS ACT, 2023 (Act 22 of 2023) I assent Wavel Ramkalawan President 8th November, 2023 AN ACT TO MAKE AMENDMENTS TO CERTAIN ENACTMENTS; AND TO REPEAL THE MALARIA ACT, CAP. 120; MARRIAGE OF THE BRITISH SUBJECTS (FACILITATES) ACT, CAP. 123; MEDICAL APPEAL BOARDS ACT, CAP. 125; PARASTATAL CORPORATION ACT, CAP. 154; AND SEYCHELLES SECURITY GUARDS SERVICE PENSION ACT, CAP. 222. ENACTED by the President and the National Assembly. PART 1 PRELIMINARY Short title 1. This Act may be cited as the Miscellaneous Amendments Act, 2023. [20th November 2 0 2 3 ] M iscellaneous Amendment Act 616 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT PART 2 SEYCHELLES HUMAN RIGHTS COMMISSION ACT Amendment of the Seychelles Human Rights Commission Act 2. Section 6(2)(b) of the Seychelles Human Rights Commission Act, 2018 is repealed. PART 3 MALARIA ACT Repeal of Malaria Act 3. The Malaria Act, Cap. 120, is repealed. PART 4 MEDICAL APPEAL BOARDS ACT Repeal of Medical Appeal Boards Act 4. The Medical Appeals Board Act, Cap. 125, is repealed. PART 5 PUBLIC HEALTH AUTHORITY ACT Amendment of section 8 5. Section 8(1)(c) of the Public Health Authority Act, 2013, is amended by repealing the words “30 consecutive days” and substituting therefor the words “10 consecutive days”. PART 6 QUARANTINE ACT Revision of the Quarantine Act 6. In this Part, the “principal Act” means the Quarantine Act, Cap. 197. Amendment of Act 7. The principal Act is amended by repealing the word “President”, wherever it appears, and substituting therefor the word “Minister”. [20th November 2 0 2 3 ] M iscellaneous Amendment Act 617 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 2 8. Section 2 of the principal Act is amended by inserting in the proper alphabetical order, the following definition — ““Minister” means the Minister responsible for health;” Amendment of section 9 9. Section 9 of the principal Act is amended in subsection (1) by repealing the words “paid by the Quarantine Authority to the Principal Secretary of the Ministry of Finance to the credit of general revenue” and substituting therefor the words “paid into the Consolidated Fund.” PART 7 MENTAL HEALTH CARE ACT Amendment of section 52 of the Mental Health Care Act 10. Section 52 of the Mental Health Care Act, 2020, is amended — (a) in subsection (1) by repealing the words “5 years or a fine not exceeding SCR50,000” and substituting therefor the words “2 years or a fine of level 3 on the standard scale,” ; (b) in subsection (2) by repealing the words “imprisonment for a term of 15 years or a fine not exceeding SCR50, 000” and substituting therefor the words “a term of imprisonment not exceeding 5 years or a fine of level 5 on the standard scale, or to both such fine and imprisonment.” PART 8 PESTICIDES CONTROL ACT Amendment of section 22 of the Pesticides Control Act 11. Section 22 of the Pesticides Control Act, Cap. 164, is amended by repealing the words “R10, 000” and substituting therefor the words “level 2 on the standard scale”. [20th November 2 0 2 3 ] M iscellaneous Amendment Act 618 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT PART 9 SEYCHELLES SECURITY GUARDS SERVICE PENSION ACT Repeal of Seychelles Security Guards Service Pension Act 12. The Seychelles Security Guards Service Pension Act, Cap. 222, is repealed, but any right acquired by a person under this Act shall not be affected by the repeal. PART 10 MARRIAGE OF THE BRITISH SUBJECTS (FACILITIES) ACT ORDER IN COUNCIL, 1916 Repeal of the Marriage of the British Subjects (Facilities) Act 13. The Marriage of the British Subjects (Facilities) Act, Order in Council, 1916 Cap. 123, is repealed. PART 11 CENSUS ACT Revision of the Census Act 14. In this Part, the “principal Act” means the Census Act, Cap. 25. Amendment of section 5 15. Section 5 of the principal Act is amended — (a) by repealing subsection (1)(b) and substituting therefor the following — “(b) every person in charge of a hospital, prison or any public, charitable, religious or educational institution;” (b) in subsection (3) by repealing the words “Collector of Customs” and substituting therefor the words “Commissioner of Customs”. [20th November 2 0 2 3 ] M iscellaneous Amendment Act 619 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 8 16. Section 8 of the principal Act is amended by repealing the words “a fine not exceeding five hundred rupees” and substituting therefor the words “a fine of level 2 on the standard scale”. PART 12 CIVIL STATUS ACT Revision of the Civil Status Act 17. In this Part, the “principal Act” means the Civil Status Act, Cap. 34. Amendment of section 2 18. Section 2 of the principal Act is amended by repealing the definition “gazetted”. Repeal of section 93 19. Section 93 of the principal Act is repealed. Amendment of section 108 20. Section 108 of the principal Act is amended by repealing the words “parents or other”. Amendment of section 109 21. Section 109 of the principal Act is amended by repealing the words “the provisions of this Act” and substituting therefor the words “the laws of Seychelles”. Amendment of section 113 22. Section 113 of the principal Act is amended by repealing the words “a fine not exceeding one thousand rupees or imprisonment for any term not exceeding two years” and substituting therefor the words “a fine of [20th November 2 0 2 3 ] M iscellaneous Amendment Act 620 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT level 3 on the standard scale or to imprisonment not exceeding 2 years, or to both a fine and a term of imprisonment”. Amendment of section 115 23. Section 115(3) of the principal Act is repealed. Repeal of section 121 24. Section 121 of the principal Act is repealed. PART 13 NATIONAL IDENTITY CARDS ACT Revision of the National Identity Card Act 25. In this Part, the “principal Act” means the National Identity Card Act, Cap. 294. Insertion of new section 4A 26. The principal Act is amended by inserting immediately after section 4 the following as section 4A — “Issue of National Identity Card to non-resident citizen 4A.(1) Notwithstanding anything to the contrary in this Act, the Chief Officer of Civil Status may issue a National Identity Card to a citizen of Seychelles who is not a resident on application made under section 5. (2) The National Identity Card issued under subsection (1) shall be in Form 1 of Part I of the Schedule and shall bear a National Identity Number. (3) A National Identity Card issued under subsection (1) shall be valid for a period of ten years from the date of its issue. Amendment of section 5 27. Section 5 of the principal Act is amended by inserting immediately after subsection (4), the following new subsections — [20th November 2 0 2 3 ] M iscellaneous Amendment Act 621 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT “(5) An application made under section 4A shall be supported by documentary proof of citizenship of Seychelles of the applicant. (6) The address of an applicant under section 4A shall be — (a) the residential address of the applicant in Seychelles; or (b) the address where he last resided before leaving to reside overseas; or (c) in the case of an applicant who had not resided in Seychelles, the residential address in Seychelles of his parent or where his parent is not resident in Seychelles, the address where his parent last resided before leaving to reside overseas.” Amendment of section 9 28. Section 9 of the principal Act is amended — (a) in subsection (1) by repealing the words “subsections (2) and (3)” and substituting them with the words “subsections (2), (3) and (4)”; (b) in subsection (2), by renumbering paragraphs (b) and (c) as paragraphs (d) and (e), respectively; (c) by inserting immediately after paragraph (a), the following new paragraphs — “(b) to law enforcement authorities for the purposes of prevention or detection of crime, or in the interest of national security; (c) to a public authority with the consent of the applicant or the holder of a National Identity Card or upon [20th November 2 0 2 3 ] M iscellaneous Amendment Act 622 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT request of the public authority for the purpose of administration of Government;” (d) by inserting immediately after subsection (3), the following new subsection — “(4) For the purpose of subsection (2)(c), “public authority” means a Ministry, department, division or agency of the Government or any other body which is carrying out a governmental function or service.” Amendment to section 10 29. Section 10 of the principal Act is amended by repealing the figure “R5000” wherever it appears and substituting it with the words “level 1 on the standard scale”. PART 14 PARASTATAL CORPORATIONS ACT Repeal of the Parastatal Corporations Act 30. The Parastatal Corporations Act, Cap. 154, is repealed. PART 15 LAW COMMISSION ACT Amendment of section 4 of the Law Commission Act 31. Section 4 of the Law Commission Act, 2022, is amended — (a) in subsection (1) — (i) by repealing paragraph (b) and substituting therefor the following — “(b) the President of the Court of Appeal or where the President of the Court of Appeal decides otherwise, a Justice of Appeal or a person qualified as a Justice of Appeal or a person who [20th November 2 0 2 3 ] M iscellaneous Amendment Act 623 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT held judicial office proposed by the President of the Court of Appeal of Seychelles.” (ii) by repealing paragraph (c) and substituting therefor the following — “(b) the Chief Justice or where the Chief Justice decides otherwise, a Judge or a person qualified as a Judge or a person who held judicial office proposed by the Chief Justice;” PART 16 SEYCHELLES INTELLIGENCE SERVICE ACT Amendment of section 4 32. Section 4 of the Seychelles Intelligence Act, 2018 is amended by inserting immediately after subsection (4), the following new subsections — “(5) Notwithstanding anything in this Act or any other law, land or lease may be registered in the name of the Service. (6) Disposal of land or lease registered in the name of the Service shall not be made and registered without the written approval of the Council.”. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 31st October, 2023. Mrs. Tania Isaac Clerk to the National Assembly