List of SH laws applied to Ascension

ASCENSION REVISED EDITION OF THE LAWS, 2017 ST HELENA LAWS APPLIED TO ASCENSION  All St Helena Laws extant at 1 April 2017 (including UK laws applied to St Helena) apply to Ascension with exceptions and modifications by virtue of the St Helena Law (Application to Ascension) Ordinance, 1988 (SHL(AA)O, 1988).  The following is a list by category of St Helena laws that apply to Ascension, either by their own terms, by virtue of the SHL(AA)O, 1988), or by another Ordinance enacted in Ascension.  St Helena Ordinances that have an equivalent in Ascension do not apply – section 3(c) of the SHL(AA)O, 1988. Some St Helena Ordinances are not appropriate for application or are expressed to be limited to St Helena.  The precise way in which St Helena laws apply to Ascension, if not expressly stated in an Ascension Ordinance, needs to be judged by reference to section 2(2) of the SHL(AA)O, 1988.1 This list is therefore not to be taken as authoritative. For guidance, see the court cases at the General Introduction to the website  The text of the St Helena laws can be accessed on the St Helena section of this website. St Helena Law Application to Ascension BASIC LAWS Constitution of St Helena, Ascension and Applies by its own terms Tristan da Cunha, 2009 St Helena, Ascension and Tristan da Cunha Apply by their own terms Royal Instructions, 2009 St Helena and Dependencies Territorial Applies by its own terms Sea Order, 1989 (UK) Revised Edition of the Laws Ordinance, 1999 Applies by its own terms; see s. 14 CONSTITUTIONAL AND ADMINISTRATIVE LAW Census Ordinance, 1986 Applied by Ordinance A1 of 1987, as if Ascension were part of St Helena Commission for Equality and Human Applied by SHL(AA)O, 1988 1 “(2) The law of St Helena applies to Ascension only in so far as it is applicable and suitable to local circumstances, and subject to such modifications, adaptations, qualifications, and exemptions as local circumstances render necessary.” (Updated 14/02/20) 2 Rights Ordinance, 2015 Commissions of Enquiry Ordinance, 1926 Applied by Cap.16 of the 1950 Revised Edition and by SHL(AA)O, 1988 Decimal Currency Ordinance, 1971 Applied by Ascension Island Ordinances (Application) (Amendment) Ordinance A1 of 1971 Elections Ordinance, 2009 Does not apply; see Island Government (Ascension) Ordinance, 2008 English Law (Application) Ordinance, 2005 Applied by s.2(1) SHL(AA)O, 1988 - Application Orders and Disapplication Orders Interpretation Ordinance, 1968 Does not apply; see the Interpretation Ordinance, 1968 Legislative Council Proceedings Ordinance, 1974 Does not apply Legislative Council (Remuneration and Does not apply Allowances) Ordinance, 2010 Pensions Ordinance 2012 Does not apply; SH public service only Statistics Ordinance, 2000 Applied by SHL(AA)O, 1988 CORPORATE BODIES Charities Ordinance, 2005 Applied by SHL(AA)O, 1988 - Charities Regulations, 2005 - Charities (Exempt Bodies) Regulations, 2006 - Charities (Exempt Bodies) Regulations, 2007 - Courts (Charities) Rules, 2015 Companies Ordinance, 2004 Applied by SHL(AA)O, 1988 - Companies (Appointment of Registrar) Regulations, 2004 - Companies (Fees And Forms) Regulations, 2004 Co-operative Societies Ordinance, 1932 Does not apply Friendly Societies Ordinance, 1939 Applied by SHL(AA)O, 1988 Mutual Organisations Ordinance, 2008 Does not apply; not in force in SH 3 COURTS AND JUSTICE Administration of Estates Ordinance, 1986 Applied by SHL(AA)O, 1988 - Administration of Estates (Forms) Rules, 1986 - Administration of Estates Rules, 2009 Civil Procedure Ordinance, 1968 Applied by Ordinance A3 of 1995 and - Civil Procedure Rules, 1969 by SHL(AA)O 1998; see Civil Procedure (Ascension) Ordinance, 1968 Commissioners for Oaths Ordinance, 1968 Applied by SHL(AA)O, 1988 - Commissioners For Oaths Rules, 1968 Coroners and Presumption of Death Ordinance, Applied by SHL(AA)O, 1988; see 2015 Coroners & Presumption of Death - Coroners (Inquests) Rules, 2015 (Ascension) Ordinance, 2015 - Coroners (Investigations) Regulations, 2015 - Coroners (Allowances, Fees and Expenses) Regulations, 2015 Courts (Appeals and Rules) Ordinance, 2017 Applied by s.6 of the Revised Edition of - Supreme Court (Fees) Rules, 1984 the Laws Ordinance, 19992. - Magistrates’ Court Fees Rules, 1984 Courts (Rules) Ordinance, 1968 applied - Sound Recordings Rules, 1989 by LR (Misc Prov) Ordinance 1988; - Supreme Court (Miscellaneous Appeals Ordinance, 1960 applied by its Applications) Rules, 1992 own terms (section 1) - Courts (Rights of Audience and - Enrolment) Rules, 1992 - Court of Appeal Rules, 1998 - St Helena Court of Appeal (Appeal to Privy Council) Order, 1964 (UK) - Courts (Welfare Of Children)(Forms) Rules, 2010) Courts (Extension of Jurisdiction) Ordinance, Does not apply; see Courts (Extension 2106 of Jurisdiction) (Ascension) Ordinance, 2016 Crown Proceedings Ordinance, 1993 Applied by SHL(AA)O, 1988 Foreign Judgments (Reciprocal Enforcement) Applied by its own terms; section 1 Ordinance, 1961 2 “6. In the preparation of a revised edition, the Commissioner has the following powers— (b) to consolidate into one Ordinance any 2 or more Ordinances in pari materia, making the alterations thereby rendered necessary and assigning a date to the Ordinance as may seem to be most convenient;” 4 - Foreign Judgments (Reciprocal Enforcement) Rules, 1961 - Foreign Judgments (Australia and its External Territories) Order, 1994 Imperial Probates Ordinance, 1899 Applied by SHL(AA)O, 1988 Law Officers Ordinance, 2013 Applied by SHL(AA)O, 1988 Legal Aid, Assistance and Services Applied by section 6(b) of the Revised - Legal Aid Regulations, 2003 Edition of the Laws Ordinance, 19993 Magistrates’ Court Ordinance, 2011 Does not apply; see Magistrates’ Court (Ascension) Ordinance, 1968 Powers of Attorney Ordinance, 1979 Applied by SHL(AA)O, 1988 Public Trustee Ordinance, 1977 Applied by SHL(AA)O, 1988 Sheriff of St Helena Ordinance, 1969 Does not apply; s.2 ‘Island of St Helena’ CRIME AND CRIMINAL PROCEDURE Criminal Damage Ordinance, 1979 Applied by Ordinance A3 of 1985 and SHL(AA)O, 1988; see Criminal Damage (Ascension) Ordinance, 1979 Criminal Procedure Ordinance, 1975 Applied by Ordinance A1 of 1976 and OrdinanceA2 of 2011; see Criminal Procedure (Ascension) Ordinance, 1975 Drugs (Prevention of Misuse) Ordinance, Applied by SHL(AA)O, 1988 2003 - Drugs (Authorisation of Cultivation and Possession) Regulations, 2009 Drugs (Trafficking Offences) Ordinance, 2003 Applied by SHL(AA)O, 1988 Firearms Ordinance, 1997 Does not apply: See Firearms - Firearms (Forms) Rules, 2017 Ordinance, 2020 Juries Ordinance, 1979 Applied by Ordinance A1 of 1985; see Juries (Ascension) Ordinance, 1979 Money Laundering Ordinance, 2008 Applied by SHL(AA)O, 1988 Obscene Publications Ordinance, 1930 Applied by SHL(AA)O, 1988 3 See note 2 above. But Part II of the Legal Aid, Assistance and Services Ordinance, 2017, does not apply to Ascension; see the Lay Advocates (Ascension) Ordinance, 2007. 5 Police and Criminal Evidence Ordinance, Applied by SHL(AA)O, 1988 2003 - Codes of Practice Order, 2003 - Code of Practice Order, 2009 Protection of Women Ordinance, 1930 Does not apply; sections 2 and 3 ‘St Helena ‘ Public Order Ordinance, 1997 Applied by SHL(AA)O, 1988 Summary Offences Ordinance, 1975 Applied by SHL(AA)O, 1988 and amended by Ordinance A1 of 2013; see Summary Offences (Asc) Ordinance, 1975 EMPLOYMENT AND COMMERCE Employees’ Compensation Ordinance, 1946 Applied by its own terms; section 14 - Employees’ Compensation Regulations, 1947 - Employees’ Compensation (Prescribed Diseases) Regulations, 1978 Employment Rights Ordinance, 2010 Does not apply; see L.N. A1 of 2017 under the SHL(AA)O, 1988 Enterprise St Helena Ordinance, 1994 Does not apply Financial Services Ordinance, 2008 Applied by SHL(AA)O, 1988 Media Standards Ordinance, 2011 Does not apply Patents (Registration) Ordinance, 1927 Applied by SHL(AA)O, 1988 - Patents (Fees) Regulations, 1989 (Cap. 120 of the Revised Edition 1951) Price Control Ordinance, 1957 Does not apply Public Holidays Ordinance, 1945 Applied by s.31(a) of the Customs Ordinance, 2002 and by SHL(AA)O, 1988; see Public Holidays (Ascension) Ordinance, 1945 Race Relations Ordinance, 1997 Applied by SHL(AA)O, 1988 Sunday Observance Ordinance, 18495 Applied by s.31(a) of the Customs Ordinance, 4 See the court cases noted under the SHL(AA)O, 1988 5 The Sunday Observance Ordinance, 1949, was repealed for St Helena by the Employment Rights (Amendment) Ordinance 2017 (Ord. 13/2017) but is still law in Ascension. 6 2002 and by SHL(AA)O, 1988; see Sunday Observance (Ascension) Ordinance, 1849 Trade Marks (Registration) Ordinance, 1949 Applied by SHL(AA)O, 1988 - Trade Marks (Registration) Rules, 1949 Trade Unions and Trade Disputes Ordinance, Applied by its own terms – section 1 1959 United Kingdom Designs (Protection) Applied by SHL(AA)O, 1988 Ordinance, 1930 Weights and Measures Ordinance, 1905 Applied by SHL(AA)O, 1988 - Weights And Measures (Fees) Regulations, 1997 ENVIRONMENT AND NATURAL RESOURCES Agriculture and Livestock Improvement Does not apply Ordinance, 1940 Animals (Diseases) Ordinance, 1944 Applied by Cap. 98 of the 1950 Revised Laws - Animals (Diseases) Regulations, 1950 of St Helena and by SHL(AA)O, 1988; see Animals (Diseases)(Ascension) Ordinance, 1944 Bees Ordinance, 1995 Does not apply; see Wildlife Protection Ordinance, 2013 Birds Protection Ordinance, 1996 Does not apply; see Wildlife Protection Ordinance, 2013 Conservation and Management of Fisheries Does not apply; see Fisheries Resources Ordinance, 2003 (Conservation and Management) Ordinance, 2015 Dogs and Cats Ordinance, 2011 Does not apply; see Dogs & Cats Ordinance, 2000 Environmental Protection Ordinance, 2016 Does not apply; see section 3 Fish and Fish Products Ordinance, 2010 Does not apply; see Fisheries (Conservation and Management) Ordinance, 2015 Fishery Limits Ordinance, 1977 Does not apply; St Helena only. See Fisheries (Conservation and Management) Ordinance, 2015 Forestry Ordinance, 1954 Does not apply; see section 1 7 High Seas Fishing Ordinance, 2001 Applied by SHL(AA)O, 1988 National Parks Ordinance, 2003 Does not apply; only St Helena in s.3 1988 (And see National Protected Areas Ordinance, 2003) Plants Protection Ordinance, 1938 Does not apply; see Wildlife Protection Ordinance, 2013 Protection of Animals Ordinance, 1969 Does not apply; see Wildlife Protection Ordinance, 2013 Spear Guns Control Ordinance, 2014 Does not apply; waters of St Helena only St Helena Fisheries Corporation Ordinance, Does not apply 1979 Termites Ordinance, 1957 Does not apply; St Helena areas only FAMILY, EDUCATION AND WELFARE Births and Deaths (Registration) Ordinance, Does not apply; See Births and Deaths 1853 (Registration) Ordinance, 2020 - Births and Deaths (Fees) Order, 2013 Education Ordinance, 2008 Does not apply Marriage Ordinance, 1851 Does not apply; see Marriage (Ascension) Ordinance, 2016 Matrimonial Causes Ordinance, 1961 Applied by s.25 and SHL(AA)O, 1988 - Matrimonial Causes Rules, 1973 Social Security Ordinance, 2010 Does not apply Welfare of Children Ordinance, 2008 Does not apply; see Child Welfare Ordinance, 2011 INFRASTRUCTURE AND PUBLIC UTILITIES Electricity Ordinance, 1961 Does not apply; section 1 Highways Ordinance, 1881 Does not apply (‘Island of St Helena’) Motor Vehicles (Third Party Insurance) Applied by Ordinances A2 of 1985 and Ordinance, 1962 A4 of 1986 and by section 2(2); see Motor Vehicles (Third Party Insurance)(Ascension) Ordinance, 1962 8 Petroleum Ordinance, 1966 Does not apply Post Office Ordinance, 1898 Applied by Cap. 5 of 1951 Revised - Postage and Revenue Stamps Edition and SHL(AA)O, 1988; see Post - (Invalidation) Order, 2008 Office (Ascension) Ordinance, 1898 Road Traffic ordinance, 1985 Does not apply; see Road Traffic Ordinance, 1984 and Road Safety Ordinance, 2010 Road Traffic Ordinance, 20166 Does not apply; see RTO 1985 Telecommunications Ordinance, 1989 Does not apply; see Telecommunications Ordinance, 1997 Utility Services Ordinance, 2013 Does not apply Water Ordinance, 1978 Does not apply LAND OWNERSHIP AND USE Animal Trespass Ordinance, 1982 Does not apply Building Control Ordinance, 2013 Does not apply; section 2(3) St Helena only Burial Grounds Ordinance, 1895 Does not apply French Government Lands (Vesting) Does not apply (site in St Helena) Ordinance, 1858 Land Acquisition Ordinance, 2006 Does not apply; see Land (Ascension) Ordinance, 2008 Land Planning and Development Control Does not apply Ordinance, 2013 Minerals Vesting Ordinance, 1951 Applied by its own terms - section 7; see Minerals Vesting (Ascension) Ordinance, 1951 Mining Ordinance, 1923 Applied by Ordinance 7 of 1951 and by - Prospecting Regulations, 1927 regulations 3 and 9 of the Prospecting Regulations; see Mining (Ascension) Ordinance, 1923 6 The SH 1985 RTO will be replaced by the 2016 RTO when that is brought into force. 9 Pasturage (Government Lands) Ordinance, Does not apply Registered Land Ordinance, 1980 Does not apply; see Land (Ascension) Ordinance, 2008 MARITIME AND AVIATION LAWS Airport Development Ordinance 2006 Does not apply; St Helena airport only Aviation Ordinance 2015 Does not apply; St Helena airport only Merchant Shipping laws Applied by Ordinance 18 of 1951; and as listed in ‘UK Laws applied to St Helena, Ascension and Tristan da Cunha’ Ports Ordinance, 2016 Does not apply; see Harbours Ordinance, 2005 Ports (Health) Ordinance, 1905 Applied by Cap. 5 of the 1951 Revised - Ports (Health) Regulations, 1932 Edition and SHL(AA)O, 1988; see Ports (Health)(Ascension) Ordinance, 1905 PUBLIC FINANCE AND REVENUE LAW Currency Ordinance, 1975 Applies only for the purpose of giving effect to section 3(1)(a) and (b); see the Currency (Ascension) Ordinance, 2009 Customs and Excise Ordinance, 1999 Does not apply; see Customs Ordinance, 2002 Income Tax Ordinance, 2012 Does not apply; see Income Tax Ordinance, 2001 Light Dues Ordinance, 1955 Does not apply; see Light Dues Ordinance, 1929 Liquor Duty Ordinance, 2014 Applied by SHL(AA)O, 1988 Public Finance Ordinance, 2010 Does not apply; see Financial Management Ordinance, 2001 Services Tax Ordinance, 2011 Does not apply Special Funds Ordinance, 2012 Does not apply; s.3 Financial Management Ordinance, 2001 Stamp Duties Ordinance, 1987 Does not apply 10 PUBLIC HEALTH AND SAFETY Dentists Ordinance, 1955 Applied by SHL(AA)O, 1988 - Dental Nurses Regulations, 1955 - Dentists (Qualification) Regulations, - 2009 Food Safety Ordinance, 2016 Applied by SHL(AA)O, 1988 Health and Safety Ordinance, 1977 Applied by SHL(AA)O, 1988 - Health and Safety Regulations, 1977 But see s.12(4) re ‘St Helena’ Ionising Radiations (Protection) Ordinance, Applied by SHL(AA)O,1988 1966 Medical Practitioners Ordinance, 1910 Applied by Cap. 5 of the 1951 Revised - Medical Practitioners Regulations, Edition, and by s.3 of the Interpretation - Medical Practitioners (Qualifications) (Ascension) Ordinance 1968; see - Medical Regulations, 2009 Medical Practitioners (Ascension) Ordinance, 1910 Mental Health and Mental Capacity Applied by SHL(AA)O, 1988; see Ordinance, 2015 Mental Health & Mental Capacity - Courts (Mental Capacity and (Ascension) Ordinance, 2015 Appointment of Deputies) Rules, 2016 Nurses and Midwives Ordinance, 1987 Applied by SHL(AA)O, 1988 - Nurses and Midwives Regulations, 1988 Pharmacy and Poisons Ordinance, 1937 Applied by SHL(AA)O, 1988 - Poisons Lists Order, 1937 - Pharmacy & Poisons (Forms and Fees) Rules, 1937 Public Health Ordinance, 1939 Does not apply; see Public Health Ordinance, 1967 Tobacco Control Ordinance, 2011 Does not apply: see Control of Tobacco Ordinance, 2013 Vaccination Ordinance, 1854 Does not apply; section 2(2) ‘residents of St Helena’ and s.9(2) Births etc. Ordinance, 1853 RECREATION AND TOURISM Community Centres Ordinance, 1988 Does not apply Gaming Machines Ordinance, 1984 Does not apply Liquor Ordinance, 1988 Applied by SHL(AA)O, 1988; also 11 see Control of Alcohol, etc. Ordinance, 2013 Protection of Wrecks and Marine Does not apply; see Protection of Wrecks (Asc) Ordinance, 2009 Public Recreation Grounds Ordinance, 1938 Applied by SHL(AA)O, 1988 St Helena National Trust Ordinance, 2001 Does not apply SECURITY AND LAW ENFORCEMENT British Nationality and Passports (Fees & Applied by section 6(b) of the Revised Offences) Ordinance, 2017 Edition of the Laws Ordinance, 19997 - British Nationality (Fees) Order, 1991 Consular Conventions Ordinance, 1950 Applied by SHL(AA)O, 1988 Consular Relations Ordinance, 1972 Applied by SHL(AA)O, 1988 - Consular Relations (Merchant Shipping) Orders Emergency Powers Ordinance, 1978 Applied by SHL(AA)O, 1988 Fire Service Ordinance, 1985 Applied by SHL(AA)O, 1988 Immigration Ordinance, 2011 Does not apply; see Entry Control (Ascension) Ordinance, 2007 Police Service Ordinance, 1975 Applied by Ordinance A1 of 1976 - Police (Discipline) Regulations, 1976 and SHL(AA)O, 1988. Note the - Police Regulations, 2000 references to Ascension in sections 2(2), - Colonial Special Constabulary Medal 19 and the Schedule Regulations, 1957 - Colonial Police Long Service Medal Regulations, 1973 Prisons Ordinance, 1960 Applied by Ordinance A1 of 1976 and - Prisons Rules, 1999 SHL(AA)O, 1988; see Prisons - Colonial Prisoners Removal Order (Ascension) Ordinance, 1960 in Council, 1907 (UK) - Colonial Prison Service Medal Regulations, 1956 ___________________ 7 See note 2 above. But section 3 and the Schedule do not apply to Ascension; see the Passports (Fees) Ordinance, 1997. 12