List of SH laws applied to Tristan da Cunha

TRISTAN DA CUNHA REVISED EDITION OF THE LAWS, 2017 ST HELENA LAWS APPLIED TO TRISTAN DA CUNHA  All St Helena Laws extant at 1 January 2018 (including UK laws applied to St Helena) apply to Tristan da Cunha with exceptions and modifications by virtue of the Application of St Helena Law (Tristan da Cunha) Ordinance, 1987 (ASHL(TC)O 1987).  The following is a list by category of St Helena laws that apply to Tristan da Cunha, either by their own terms, by virtue of the ASHL(TC)O, 1987 or by another Ordinance enacted in Tristan da Cunha  St Helena Ordinances that have an equivalent in Tristan da Cunha do not apply – section 3(c) of the ASHL(TC)O, 1987. Some St Helena Ordinances are not appropriate for application or are expressed to be limited to St Helena.  The precise way in which other St Helena laws apply to Tristan da Cunha, if not expressly stated in a TdaC Ordinance, needs to be judged by reference to section 2(2) of the ASHL(TC)O, 1987. 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 the website. St Helena Law Application to Tristan da Cunha 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 ASHL(TC)O, 1987 Commission for Equality and Human Applied by ASHL(TC)O, 1987 Rights Ordinance, 2015 Updated 010418 2 Commissions of Enquiry Ordinance, 1926 Applied by ASHL(TC)O, 1987 Decimal Currency Ordinance, 1971 Applied by Ordinance T1 of 1971 Elections Ordinance, 2009 Does not apply; see Island Council (TdaC) Ordinance, 1985 English Law (Application) Ordinance, 2005 Applied by s.2(1) ASHL(TC)O, 1987 - Application Orders and Disapplication Orders Interpretation Ordinance, 1968 Applied by the Interpretation (TdaC) Ordinance, 1988 Legislative Council Proceedings Ordinance, 1974 Does not apply Legislative Council (Remuneration and Does not apply Allowances) Ordinance, 2010 Pensions Ordinance 2012 Does not apply; see Pensions and Benefits (TdaC) Ordinance, 2011 Statistics Ordinance, 2000 Applied by ASHL(TC)O, 1987 CORPORATE BODIES Charities Ordinance, 2005 Applied by ASHL(TC)O, 1987 - Charities Regulations, 2005 - Charities (Exempt Bodies) Regulations, 2006 - Charities (Exempt Bodies) Regulations, 2007 - Courts (Charities) Rules, 2015 Companies Ordinance, 2004 Applied by ASHL(TC)O, 1987 - Companies (Appointment of Registrar) Regulations, 2004 - Companies (Fees and Forms) Regulations, 2004 Co-operative Societies Ordinance, 1932 Does not apply - Co-Operative Societies Rules, 1951 Friendly Societies Ordinance, 1939 Applied by ASHL(TC)O, 1987 Mutual Organisations Ordinance, 2008 Does not apply; not in force in SH COURTS AND JUSTICE 3 Administration of Estates Ordinance, 1986 Applied by ASHL(TC)O, 1987 - Administration of Estates (Forms) Rules, 1986 - Administration of Estates Rules, 2009 Civil Procedure Ordinance, 1968 Applied by ASHL(TC)O, 1987 - Civil Procedure Rules, 1969 Commissioners for Oaths Ordinance, 1968 Applied by ASHL(TC)O, 1987 - Commissioners For Oaths Rules, 1968 Coroners and Presumption of Death Ordinance, Applied by ASHL(TC)O, 1987 2015 - Coroners (Inquests) Rules, 2015 - Coroners (Investigations) Regulations, 2015 - Coroners (Allowances, Fees and Expenses) Regulations, 2015 Courts (Appeals and Rules) Ordinance, 2017 Applied by ASHL(TC)O, 1987 and - Supreme Court (Fees) Rules, 1984 s.6(b) of the Revised Edition of the - Magistrates’ Court Fees Rules, 1984 Laws Ordinance, 19991. Sound Recordings Rules, 1989 Appeals Ordinance, 1960 applied to - Supreme Court (Miscellaneous TdaC by Ordinance SH6 of 1960; Applications) Rules, 1992 Courts (Rules) Ordinance, 1968, - Courts (Rights of Audience and applied by Ordinance T1 of 1988 - 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, Applied by its own terms; see 2016 definition of ‘orders’ Crown Proceedings Ordinance, 1993 Applied by ASHL(TC)O, 1987 Foreign Judgments (Reciprocal Enforcement) Applied by its own terms; section 1 Ordinance, 1961 - Foreign Judgments (Reciprocal Enforcement) Rules, 1961 - Foreign Judgments (Australia and its External Territories) Order, 1994 1 “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 Imperial Probates Ordinance, 1899 Applied by ASHL(TC)O, 1987 Law Officers Ordinance, 2013 Applied by ASHL(TC)O, 1987 Legal Aid, Assistance and Services Applied by ASHL(TC)O, 1987 and Ordinance, 2017 s.6(b) of the Revised Edition of the - Legal Aid Regulations, 2003 Laws Ordinance, 19992 Magistrates’ Court Ordinance, 2011 Does not apply; see Magistrate’s Court (TdaC) Ordinance, 1968 Powers of Attorney Ordinance, 1979 Applied by ASHL(TC)O, 1987 Public Trustee Ordinance, 1977 Applied by ASHL(TC)O, 1987 Sheriff of St Helena Ordinance, 1969 Does not apply CRIME AND CRIMINAL PROCEDURE Criminal Damage Ordinance, 1979 Applied by ASHL(TC)O, 1987 Criminal Procedure Ordinance, 1975 Applied by ASHL(TC)O, 1987 Drugs (Prevention of Misuse) Ordinance, Applied by ASHL(TC)O, 1987 2003 - Drugs (Authorisation of Cultivation and Possession) Regulations, 2009 Drugs (Trafficking Offences) Ordinance, 2003 Applied by ASHL(TC)O, 1987 Firearms Ordinance, 1997 Does not apply; see Firearms (TdC) Ordinance, 1997 Juries Ordinance, 1979 Does not apply Money Laundering Ordinance, 2008 Applied by ASHL(TC)O, 1987 Obscene Publications Ordinance, 1930 Applied by ASHL(TC)O, 1987 Police and Criminal Evidence Ordinance, Applied by ASHL(TC)O, 1987 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’ 2 See note 2 above 5 Public Order Ordinance, 1997 Applied by ASHL(TC)O, 1987 Summary Offences Ordinance, 1975 Applied by ASHL(TC)O, 1987 EMPLOYMENT AND COMMERCE Employees’ Compensation Ordinance, 1946 Applied by Ordinance SH9 of 1959; - Employees’ Compensation see Employees’ Compensation (Tristan da Regulations, 1947 Cunha) Ordinance, 1946 - Employees’ Compensation (Prescribed Diseases) Regulations, 1978 Employment Rights Ordinance, 2010 Applied by ASHL(TC)O, 1987 - Employment Rights (Labour Regulating Authority) Regulations, 2013 - Employment Rights (Minimum Wage) Regulations, 2013 - Employment Rights (Annual Leave Cycles) Regulations, 2015 Enterprise St Helena Ordinance, 1994 Does not apply Financial Services Ordinance, 2008 Applied by ASHL(TC)O, 1987 - Financial Services Regulations, 2017 Media Standards Ordinance, 2011 Does not apply Patents (Registration) Ordinance, 1927 Applied by ASHL(TC)O, 1987 - Patents (Fees) Regulations, 1989 Price Control Ordinance, 1957 Does not apply; see Price Control (TdaC) Ordinance, 1968 Public Holidays Ordinance, 1945 Does not apply; see Public Holidays By-Laws Race Relations Ordinance, 1997 Does not apply; see Race Relations (TdaC) Ordinance, 1996 Trade Marks (Registration) Ordinance, 1949 Applied by ASHL(TC)O, 1987 - Trade Marks (Registration) Rules, 1949 Trade Unions and Trade Disputes Ordinance, Does not apply; section 1. See Trade 1959 Unions &Trade Disputes (TdaC) Ordinance, 1969 United Kingdom Designs (Protection) Applied by ASHL(TC)O, 1987 Ordinance, 1930 Weights and Measures Ordinance, 1905 Applied by ASHL(TC)O, 1987 - Weights and Measures (Fees) 6 Regulations, 1997 ENVIRONMENT AND NATURAL RESOURCES Agriculture and Livestock Improvement Does not apply; see By-Laws made Ordinance, 1940 under the Island Council Ordinance, 1985 Animals (Diseases) Ordinance, 1944 Applied by ASHL(TC)O, 1987 - Animals (Diseases) Regulations, 1950 Bees Ordinance, 1995 Applied by ASHL(TC)O, 1987 - Bees Regulations, 2013 Birds Protection Ordinance, 1996 Does not apply; see Conservation of Native Organisms, etc. (TdaC) Ordinance, 2012 Conservation and Management of Fisheries Does not apply; see Fish and Fish Resources Ordinance, 2003 Products (TdaC) Ordinance, 2012 Dogs and Cats Ordinance, 2011 Does not apply; see Dogs Control By- Laws Environmental Protection Ordinance, 2016 Does not apply; see section 3 Fish and Fish Products Ordinance, 2010 Does not apply; see Fish & Fish Products (TdaC) Ordinance, 2011 Fishery Limits Ordinance, 1977 Does not apply; St Helena only. See Fishery Limits (TdaC) Ordinance, 1983 Forestry Ordinance, 1954 Does not apply; see section 1 High Seas Fishing Ordinance, 2001 Applied by ASHL(TC)O, 1987 National Parks Ordinance, 2003 Does not apply (St Helena only; s.3) 1988 Plants Protection Ordinance, 1938 Does not apply; see Conservation of Native Organisms, etc. (TdaC) Ordinance, 2012 Protection of Animals Ordinance, 1969 Applied by ASHL(TC)O, 1987 Spear Guns Control Ordinance, 2014 Does not apply; waters of St Helena only St Helena Fisheries Corporation Ordinance, Does not apply 1979 7 Termites Ordinance, 1957 Does not apply; St Helena areas only FAMILY, EDUCATION AND WELFARE Births and Deaths (Registration) Ordinance, Applied by Cap. 118 of the Revised 1853 Edition, 1950 and Ordinance.T1 of 1995; - Births and Deaths (Fees) Order, 2013 see Births and Deaths (Registration) (Tristan da Cunha) Ordinance, 1853 Education Ordinance, 2008 Does not apply; see Education (School Attendance) By-Laws Marriage Ordinance, 1851 Does not apply; see Marriage (TdaC) Ordinance, 2017 Matrimonial Causes Ordinance, 1961 Applied by ASHL(TC)O, 1987 - Matrimonial Causes Rules, 1973 Social Security Ordinance, 2010 Does not apply; see Pensions and Benefits (TdaC) Ordinance,2011 Welfare of Children Ordinance, 2008 Applied by ASHL(TC)O, 1987 - Welfare of Children Regulations, 2010 - Courts (Welfare of Children)(Forms) Rules, 2010 - Welfare of Children (Adoption) Regulations, 2015 - Welfare of Children (Official Foster Care) Regulations, 2017 INFRASTRUCTURE AND PUBLIC UTILITIES Electricity Ordinance, 1961 Does not apply; see Electricity(TdaC) Ordinance, 1968 Highways Ordinance, 1881 Does not apply (‘Island of St Helena’) Motor Vehicles (Third Party Insurance) Does not apply.3 Ordinance, 1962 Petroleum Ordinance, 1966 Applied by ASHL(TC)O, 1987 - Petroleum Regulations, 1978 Post Office Ordinance, 1898 Applied by Ordinance 13 of 1951; see Post - Postage and Revenue Stamps Office (TdaC) Ordinance, 1898 (Invalidation) Order, 2008 3 This Ordinance when enacted in 1962 specified that it did not apply to Tristan da Cunha. Section 27 of the Road Traffic (Tristan da Cunha) Ordinance, 1969 required motor vehicle insurance. That section was repealed by Ordinance T2 of 2012. 8 Road Traffic Ordinance, 1985 Does not apply; see Road Traffic Road Traffic (Tristan da Cunha) Ordinance, 1969 Road Traffic Ordinance, 20164 Does not apply; see RTO 1984 Telecommunications Ordinance, 1989 Does not apply; see Telecommunications (TdaC) Ordinance, 1997 Utility Services Ordinance, 2013 Does not apply Water Ordinance, 1978 Does not apply - Water Regulations, 1982 - Water (Tariffs) Regulations, 2012 LAND OWNERSHIP AND USE Animal Trespass Ordinance, 1982 Does not apply; see Calf Pen By-Laws Building Control Ordinance, 2013 Does not apply; section 2(3) St Helena only Burial Grounds Ordinance, 1895 Does not apply - New Cemetery Rules, 1953 French Government Lands (Vesting) Does not apply (site in St Helena) Ordinance, 1858 Land Acquisition Ordinance, 2006 Applied by ASHL(TC)O, 1987 - Land Acquisition (Interest Rate) Regulations, 2006 Land Planning and Development Control Does not apply Ordinance, 2013 Minerals Vesting Ordinance, 1951 Applied by its own terms - section 7; see Minerals Vesting (TdaC) Ordinance, 1951 Mining Ordinance, 1923 Applied by ASHL(TC)O, 1987 - Prospecting Regulations, 1927 Pasturage (Government Lands) Ordinance, Does not apply; see Livestock 1938 Limitation By-Laws Registered Land Ordinance, 1980 Applied by provisions of the Land 4 The SH 1985 RTO will be replaced by the 2016 RTO when that is brought into force 9 Adjudication (TdaC) Ordinance, 1997 MARITIME AND AVIATION LAWS Airport Development Ordinance 2006 Does not apply Aviation Ordinance 2015 Does not apply Merchant Shipping laws Apply as listed in ‘UK Laws applied to St Helena, Ascension and Tristan da Cunha’ Ports Ordinance, 2016 Does not apply; see Harbour (TdaC) Regulations, 1968 made under the former Harbours Ordinance Ports (Health) Ordinance, 1905 Applied by Ordinance SH12 of 1966; see - Ports (Health) Regulations, 1932 Ports (Health) (TdaC) Ordinance, 1905 PUBLIC FINANCE AND REVENUE LAW Currency Ordinance, 1975 Applied by ASHL(TC)O, 1987 and s.3 - Currency Regulations, 1976 of the Commemorative Coinage (Tristan da Cunha) Ordinance, 1976 Customs and Excise Ordinance, 1999 Does not apply Income Tax Ordinance, 2012 Does not apply; see Income Tax and Medical Contributions Order, 2008 Light Dues Ordinance, 1955 Does not apply; St Helena only Liquor Duty Ordinance, 2014 Does not apply; see Liquor (TdaC) Ordinance, 1956 Public Finance Ordinance, 2010 Does not apply; see Financial Regulations Services Tax Ordinance, 2011 Does not apply Special Funds Ordinance, 2012 Does not apply Stamp Duties Ordinance, 1987 Applied by ASHL(TC)O, 1987 - Stamp Duties Rules, 1987 PUBLIC HEALTH AND SAFETY Dentists Ordinance, 1955 Applied by ASHL(TC)O, 1987 - Dental Nurses Regulations, 1955 10 - Dentists (Qualification) Regulations, - 2009 Food Safety Ordinance, 2016 Applied by ASHL(TC)O, 1987 - Food Safety (Procedure and Fees) Regulations, 2017 - Food Safety (Products of Animal Origin) Regulations, 2017 - Food Safety (General Food Hygiene) Regulations, 2017 Health and Safety Ordinance, 1977 Applied by ASHL(TC)O, 1987 - Health and Safety Regulations, 1977 But see s.12(4) re ‘St Helena’ Ionising Radiations (Protection) Ordinance, Applied by ASHL(TC)O, 1987 1966 Medical Practitioners Ordinance, 1910 Applied by ASHL(TC)O, 1987 - Medical Practitioners Regulations, 1951 - Medical Practitioners (Qualifications) Regulations, 2009 Mental Health and Mental Capacity Applied by ASHL(TC)O, 1987 Ordinance, 2015 - Courts (Mental Capacity and Appointment of Deputies) Rules, 2016 - Mental Health & Mental Capacity (Lasting Powers of Attorney) Regulations, 2017 Nurses and Midwives Ordinance, 1987 Applied by ASHL(TC)O, 1987 - Nurses and Midwives Regulations, 1988 Pharmacy and Poisons Ordinance, 1937 Applied by ASHL(TC)O, 1987 - Poisons Lists Order, 1937 - Pharmacy & Poisons (Forms and Fees) Rules, 1937 Public Health Ordinance, 1939 Does not apply; see Public Health By-Laws Tobacco Control Ordinance, 2011 Applied by ASHL(TC)O, 1987 - Tobacco Control (Smoke-Free Exemption) Order, 2012 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; see Prince Philip Hall 11 Management By-Laws Gaming Machines Ordinance, 1984 Applied by ASHL(TC)O, 1987 Liquor Ordinance, 1988 Does not apply; see Liquor (TdaC) Ordinance, 1956 Protection of Wrecks and Marine Applied by ASHL(TC)O, 1987 Archaeological Heritage Ordinance, 2014 Public Recreation Grounds Ordinance, 1938 Does not apply; see Children’s Playground By-Laws St Helena National Trust Ordinance, 2001 Does not apply SECURITY AND LAW ENFORCEMENT British Nationality and Passports (Fees & Applied by ASHL(TC)O, 1987 and Offences) Ordinance, 2017 s.6(b) of the Revised Edition of the Laws - British Nationality (Fees) Order, 1991 Ordinance, 19995 Consular Conventions Ordinance, 1950 Applied by ASHL(TC)O, 1987 Consular Relations Ordinance, 1972 Applied by Ordinance T1 of 1979 - Consular Relations (Merchant Shipping) Orders Emergency Powers Ordinance, 1978 Applied by ASHL(TC)O, 1987 - Emergency Powers Order in Council, 2017 Fire Service Ordinance, 1985 Does not apply; see Fire Prevention By- Laws Immigration Ordinance, 2011 Does not apply; see Entry Control (TdaC) Ordinance, 1967 Police Service Ordinance, 1975 Does not apply Prisons Ordinance, 1960 Applied by ASHL(TC)O, 1987 - Prisons Rules, 1999 - Colonial Prisoners Removal Order in Council, 1907 (UK) ___________________ 5 See note 2 above