Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Fatal Accidents (Damages) Act 1908 c.7

Fatal Accidents (Damages) Act 1908

CHAPTER 7.

An Act to amend the Law with respect to the Assessment of Damages under the Fatal Accidents Acts.

BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

s1 – Exclusion of payments by insurers in assessment of damages 9 & 10 Vict. c93

In assessing damages in any action, whether commenced before or after the passing of this Act, under the Fatal Accidents Act, 1846, as amended by any subsequent enactment, there shall not be taken into account any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the passing of this Act.

s2 – Short title

This Act may be cited as the Fatal Accidents (Damages) Act, 1908; and the Fatal Accidents Act, 1846, the Fatal Accidents Act, 1864, and this Act may be cited together as the Fatal Accidents Acts, 1846 to 1908.

Notes:

1. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands

Historic Notes:

1. It is evident from the way in which the Fatal Accidents (Damages) Act 1908 was applied that:
   • (a) the Fatal Accidents Acts 1846 and 1864 were already considered to be part of the corpus of laws for the Falkland Islands and their Dependencies; and
   • (b) the effect of what is now s81A Interpretation and General Clauses Ordinance (1977) and previously s31 Interpretation and General Law Ordinance 1900 had prevented the Fatal Accidents (Damages) Act 1908 from automatic reception into the laws of the Falkland Islands and their Dependencies

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK No.4 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)
Punishment of Incest Act, 1908 c.45

NOTE: THE APPLICATION OF ENACTMENTS ORDINANCE 1962 and the APPLICATION OF COLONY LAWS ORDINANCE 1964 REPEALED THE APPLICATION OF THIS STATUTE TO SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS AT THE SAME TIME THE SEXUAL OFFENCES ACT 1956 WAS APPLIED

Punishment of Incest Act 1908

Chapter 45

An Act to provide for the punishment of Incest.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

s1 – Incest by males

• 1. Any male person who has carnal knowledge of a female person, who is to his knowledge his grand-daughter, daughter, sister, or mother, shall be guilty of a misdemeanour, and upon conviction thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not less than three years, and not exceeding seven years, or to be imprisoned for any time not exceeding two years with or without hard labour: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the female person is under the age of thirteen years, the same punishment may be imposed as may be imposed under section four of the Criminal Law Amendment Act, 1885 (which deals with the defilement of girls under thirteen years of age).
• 2. It is immaterial that the carnal knowledge was had with the consent of the female person.
• 3. If any male person attempts to commit any such offence as aforesaid, he shall be guilty of a misdemeanour, and upon conviction thereof shall be liable at the discretion of the court to be imprisoned for any time not exceeding two years with or without hard labour.
• 4. On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all authority over such female, and, if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such female during her minority or any less period:Provided that the High Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect.

s2 – Incest by females of or over sixteen

Any female person of or above the age of sixteen years who with consent permits her grandfather, father, brother, or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother, or son, as the case may be) shall be guilty of a misdemeanour, and upon conviction thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not less than three years, and not exceeding seven years or to be imprisoned with or without hard labour for any term not exceeding two years.

s3 – Test of relationship

In this Act the expressions “brother” and “sister,” respectively, include half-brother and half-sister, and the provisions of this Act shall apply whether the relationship between the person charged with an offence under this Act and the person with whom the offence is alleged to have been committed, is or is not traced through lawful wedlock.

s4 – Prosecution of offences

• (1) An offence under this Act shall be deemed to be an offence within, and subject to, the provisions of the Vexatious Indictments Act, 1859, and any Act amending the same.
• (2) A court of quarter sessions shall not have jurisdiction to enquire of, hear, or determine any indictment for an offence against this Act, or for an attempt to commit any such offence.
• (3) If, on the trial of any indictment for rape, the jury are satisfied that the defendant is guilty of an offence under this Act, but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Act, and he shall be liable to be punished accordingly.If, on the trial of any indictment for an offence under this Act, the jury are satisfied that the defendant is guilty of any offence under sections four or five of the Criminal Law Amendment Act, 1885, but are not satisfied that the defendant is guilty of an offence under this Act, the jury may acquit the defendant of an offence under this Act and find him guilty of an offence under sections four or five of the Criminal Law Amendment Act, 1885, and he shall be liable to be punished accordingly.
• (4) Section 4 of the Criminal Evidence Act, 1898, shall have effect as if this Act were included in the schedule to that Act.

s5 – Proceedings to be held in camera

All proceedings under this Act are to be held in camera.

s6 – Sanction of Attorney General

[does not apply]

s7 – Extent

[does not apply]

s8 – Short title and commencement

This Act may be cited as the Punishment of Incest Act, 1908, and shall come into operation on the first day of January one thousand nine hundred and nine.

Notes:

1. THE APPLICATION OF ENACTMENTS ORDINANCE 1962 and the APPLICATION OF COLONY LAWS ORDINANCE 1964 REPEALED THE APPLICATION OF THIS STATUTE TO SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS AT THE SAME TIME THE SEXUAL OFFENCES ACT 1956 WAS APPLIED

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law of Distress (Amendment) Act, 1908 c.53

For Act and amendments see Law of Distress (Amendment) Act 1908

Notes:

1. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands.
2. Given the limited effect of this statute in South Georgia and the South Sandwich Islands it has not been reproduced here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) Ordinance 1959 (FLK No.20 of 1959)
Application of Colony Laws Ordinance 1960 (DS No.3 of 1960)
Marine Insurances (Gambling Policies) Act 1909 c.12

Marine Insurance (Gambling Policies) Act 1909

1909 CHAPTER 12

An Act to prohibit Gambling on Loss by Maritime Perils.

s1 – Prohibition of gambling on loss by maritime perils

• 1. If
  • (a) any person effects a contract of marine insurance without having any bonâ fide interest, direct or indirect, either in the safe arrival of the ship in relation to which the contract is made or in the safety or preservation of the subject-matter insured, or a bonâ fide expectation of acquiring such an interest; or
  • (b) any person in the employment of the owner of a ship, not being a part owner of the ship, effects a contract of marine insurance in relation to the ship, and the contract is made “interest or no interest,” or “without further proof of interest than the policy itself,” or “without benefit of salvage to the insurer,” or subject to any other like term

  the contract shall be deemed to be a contract by way of gambling on loss by maritime perils, and the person effecting it shall be guilty of an offence, and shall be liable, on summary conviction, to imprisonment¹ for a term not exceeding six months or to a fine not exceeding one hundred pounds², and in either case to forfeit to the Crown any money he may receive under the contract.

• 2. Any broker or other person through whom, and any insurer with whom, any such contract is effected shall be guilty of an offence and liable on summary conviction to the like penalties if he acted knowing that the contract was by way of gambling on loss by maritime perils within the meaning of this Act.
• 3. Proceedings under this Act shall not be instituted without the consent of the Colonial Secretary.³
• 4. Proceedings shall not be instituted under this Act against a person (other than a person in the employment of the owner of the ship in relation to which the contract was made) alleged to have effected a contract by way of gambling on loss by maritime perils until an opportunity has been afforded him of showing that the contract was not such a contract as aforesaid, and any information given by that person for that purpose shall not be admissible in evidence against him in any prosecution under this Act.
• 5. If proceedings under this Act are taken against any person (other than a person in the employment of the owner of the ship in relation to which the contract was made) for effecting such a contract, and the contract was made “interest or no interest,” or “without further proof of interest than the policy itself,” or “without benefit of salvage to the insurer,” or subject to any other like term, the contract shall be deemed to be a contract by way of gambling on loss by maritime perils unless the contrary is proved.
• 6. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed either in the place in which the same actually was committed or in any place in which the offender may be.
• 7. Any person aggrieved by an order or decision of a court of summary jurisdiction under this Act, may appeal to the Crown Court.
• 8. For the purposes of this Act the expression “owner” includes charterer.
• 9. Subsection (7) of this section shall not apply to Scotland.

s2 – Short title

This Act may be cited as the Marine Insurance (Gambling Policies) Act 1909, and the Marine Insurance Act 1906, and this Act may be cited together as the Marine Insurance Acts 1906 and 1909.

Notes:

1. This enactment was inserted into the Schedule in the Application of Enactments Ordinance 1954 by the Application of Enactments (Amendment) Ordinance 1959 and Application of Colony Laws Ordinance 1960
2. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

¹ Omitted by Criminal Justice Act 1948

² In E&W Level 3 fine as applied by Criminal Justice Act 1982

³ Substituted by Application of Enactments Ordinance 1954 (as amended) etc.

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Oaths Act 1909

Oaths Act 1909

An Act to amend the Law as to Oaths

BE it enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

s1 – Short title

This Act may be cited for all purposes as the Oaths Act, 1909; and the Oaths Act, 1888, and this Act may be cited together as the Oaths Acts, 1888 and 1909.

s2 – Manner of administration of oaths

• (1) Any oath may be administered and taken in the form and manner following:—The person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words “I swear by Almighty God that…………………,” followed by the words of the oath prescribed by law.
• (2) The officer shall (unless the person about to take the oath voluntarily objects thereto, or is physically incapable of so taking the oath) administer the oath in the form and manner aforesaid without question:Provided that, in the case of a person who is neither a Christian nor a Jew, the oath shall be administered in any manner which is now lawful.

s3 – Definition

In this Act the word “officer” shall mean and include any and every person duly authorised to administer oaths.

s4 – Commencement and extent

[not applied]

Notes:

1. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands.

Historic Notes:

1. It is evident from the way in which the Oaths Act 1909 was applied that:
   • (a) the Oaths Act 1888 was already considered to be part of the corpus of laws for the Falkland Islands and their Dependencies; and
   • (b) the effect of what is now s81A Interpretation and General Clauses Ordinance (1977) and previously s31 Interpretation and General Law Ordinance 1900 had prevented the Oaths Act 1909 from automatic reception into the laws of the Falkland Islands and their Dependencies

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Perjury Act 1911

Notes:

1. Review this statute on the www.legislation.gov.uk website in the form it was in as at 1 November 1954 with the specific adaptions referred to above;
2. Consider the effect of all of the Principal Adaptive Provisions when determining the extent of its current application in South Georgia and the South Sandwich Islands

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK No.4 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)

NOTE: GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 AND APPLICATION OF COLONY LAWS ORDINANCE 1964 THIS ENACTMENT HAS NO CURRENT EFFECT IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS.

Criminal Law Amendment Act 1912

Notes:

1. Given the effect of application of enactments ordinance 1962 and application of colony laws ordinance 1964 this enactment has no current effect in South Georgia and the South Sandwich Islands.
2. This enactment was repealed at the same time the Sexual Offences Act 1956 was applied.
3. If required to consider the effect of this enactment in South Georgia and the South Sandwich Islands review this statute on the www.legislation.gov.uk website in the form it was in as at 1 November 1954 with the specific adaptions referred to above;
4. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Prisoners (Temporary Discharge for Ill-health) Act 1913 c.4

Prisoners (Temporary Discharge for Ill-health) Act, 1913.

Chapter 4

An Act to provide for the Temporary Discharge of Prisoners whose further detention in prison is undesirable on account of the condition of their Health.

BE it enacted by the Kings most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

s1 – Power of the [Governor] to discharge prisoners temporarily on account of their health

• 1. If the [Governor] is satisfied that by reason of the condition of a prisoner’s health it is undesirable to detain him in prison, but that, such condition of health being due in whole or in part to the prisoner’s own conduct in prison, it is desirable that his release should be temporary and conditional only, the [Governor] may, if he thinks fit, having regard to all the circumstances of the case, by order authorise the temporary discharge of the prisoner for such period and subject to such conditions as may be stated in the order.
• 2. Any prisoner so discharged shall comply with any conditions stated in the order of temporary discharge, and shall return to prison at the expiration of the period stated in the order, or of such extended period as may be fixed by any subsequent order of the [Governor], and, if the prisoner fails so to comply or return, he may be arrested without warrant and taken back to prison.
• 3. Where a prisoner under sentence is discharged in pursuance of an order of temporary discharge, the currency of the sentence shall be suspended from the day on which he is discharged from prison under the order to the day on which he is received back into prison, so that the former day shall be reckoned and the latter shall not be reckoned as part of the sentence.
• 4. Where an order of temporary discharge is made in the case of a prisoner not under sentence, the order shall contain conditions requiring the attendance of the prisoner at any further proceedings on his case at which his presence may be required.

s2 – Savings

• 1. Where the prisoner is undergoing a sentence of penal servitude, the powers under this Act shall be in addition to and not in substitution for the power of granting licences under the Penal Servitude Acts, 1853 to 1891.
• 2. Nothing in this Act shall affect the duties of the medical officer of a prison in respect of a prisoner whom the [Governor] does not think fit to discharge under this Act.

s3 – Application to Scotland and Ireland

[Does not apply]

s4 – Short title

This Act may be cited as the Prisoners (Temporary Discharge for Ill-health) Act, 1913.

Notes:

1. Review this statute on the www.legislation.gov.uk website in the form it was in as enacted with the specific adaptions referred to above;
2. The Prison Act 1952 s54 and Schedule 4 repealed the entirety of this Act on its commencement on 1 October 1952 ahead of its application to South Georgia and the South Sandwich Islands on 11 November 1954.
3. Should these provisions ever need to be considered for South Georgia the effect of s78 Interpretation and General Clauses Ordinance (1977) etc will have to be considered.
4. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands

Historic Notes:

1. This Act was passed primarily to allow the temporary release of hunger striking suffragette protesters. It came to be known informally as the ‘Cat and Mouse Act’ – as the temporary release of the prisoners was likened to a cat playing with a mouse.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Bankruptcy & Deeds of Arrangement Act, 1913 c.34

s15 – Protection of sheriff &c. selling goods under execution without notice of claim by third party

Where any goods in the possession of an execution debtor at the time of seizure by a sheriff, high bailiff, or other officer charged with the enforcement of a writ, warrant, or other process of execution, are sold by such sheriff, high bailiff, or other officer, without any claim having been made to the same, the purchaser of the goods so sold shall acquire a good title to the goods so sold, and no person shall be entitled to recover against the sheriff, high bailiff, or other officer, or anyone lawfully acting under the authority of either of them, except as provided by the Bankruptcy Acts, 1883 and 1890, for any sale of such goods or for paying over the proceeds thereof, prior to the receipt of a claim to the said goods unless it is proved that the person from whom recovery is sought had notice, or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor: Provided that nothing in this section contained shall affect the right of any claimant who may prove that at the time of sale he had a title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such sheriff, high bailiff, or other officer as aforesaid.

Notes:

1. Consider the effect of all of the Principal Adaptive Provisions when determining whether this Act and its replacement in England has implications for the current laws of South Georgia and the South Sandwich Islands

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Affiliation Orders Act 1914 c.6

Notes:

1. Please see www.legislation.gov.uk website for the original Act and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This enactment is unlikely to have much relevance in South Georgia and the South Sandwich Islands now.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Deeds of Arrangement Act 1914 c.47

Notes:

1. Please see www.legislation.gov.uk website for the original Act and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This enactment is unlikely to have much relevance in South Georgia and the South Sandwich Islands now.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) Ordinance 1960 (FLK No.10 of 1960)
Application of Colony Laws Ordinance 1961 (DS No.2 of 1961)
Criminal Justice Administration Act 1914 c.58

[Note: Addition of section 14 made by: Application of Enactments (Amendment) Ordinance 1960 applied by Application of Colony Laws Ordinance 1961 with effect from 1 November 1960]

s14 – Provisions as to malicious damage to property

• 1. If any person wilfully or maliciously commits any damage to any real or personal property whatsoever, either of a public or private nature, and the amount of the damage does not, in the opinion of the court, exceed twenty pounds, he shall be liable on summary conviction—
  • (a) if the amount of the damage, in the opinion of the court, exceeds five pounds, to imprisonment for a term not exceeding three months or to a fine not exceeding twenty pounds; and
  • (b) if the amount of the damage is, in the opinion of the court, five pounds or less, to imprisonment for a term not exceeding two months or to a fine not exceeding five pounds;

  and in either case to the payment of such further amount as appears to the court reasonable compensation for the damage so committed which last-mentioned amount shall be paid to the party aggrieved:

  Provided that this provision shall not apply where the alleged offender acted under a fair and reasonable supposition that he had a right to do the act complained of.

• 2. So much of section fifty-one of the [24 & 25 Vict. c. 97.] Malicious Damage Act, 1861, as limits the cases which may be dealt with under that section to cases where the damage, injury or spoil exceeds five pounds, shall be repealed but a court of summary jurisdiction shall not commit any person for trial for an offence under that section unless it is of opinion that the damage, injury or spoil exceeds five pounds.
• 3. Except so far as otherwise provided in the last foregoing subsection, nothing in this section shall be construed as preventing a court of summary jurisdiction from committing a person for trial for an offence notwithstanding that the offence is an offence which the court has power to deal with summarily under this section.

Notes:

1. (i) Provision inserted by Application of Enactments (Amendment) Ordinance 1960 and Application of Colony Laws Ordinance 1961
2. (ii) Provision repealed in England by Criminal Damage Act 1971

s28 – Provisions as to evidence

(2) The provisions of section thirty of the [8 Edw. 7. c. 67.] Children Act, 1908 (which enables the evidence of a child of tender years to be received though not given on oath), shall apply to proceedings against persons for offences not mentioned in that section, in like manner as they apply in respect of proceedings against persons for offences mentioned in that section.

Notes:

1. Provision repealed in England by Children and Young Persons Act 1933 ostensibly prior to this provision being extended to SGSSI.
2. Other provisions of the Children and Young Person Act 1933 are extended to SGSSI by the Application of Enactments Ordinance 1954 (etc.) and other amending Ordinances.

s38 – One justice to be competent to exercise certain powers in respect of charges of drunkenness

Notwithstanding any enactment to the contrary, it shall be sufficient for a court of summary jurisdiction to consist of one justice only when hearing, trying, adjudging, and determining a charge or information against any person of having been found drunk in any highway or other public place, whether a building or not, or on any licensed premises, under section twelve of the [35 & 36 Vict. c. 94.] Licensing Act, 1872.

Note: Provision repealed in England on 5 November 1993 by Statute Law (Repeals) Act 1993.

s39 – Convictions on indictments

1. Where a prisoner is arraigned on an indictment for any offence, and can lawfully be convicted on such indictment of some other offence not charged in such indictment, he may plead not guilty of the offence charged in the indictment, but guilty of such other offence.

Note: Provision repealed in England by Criminal Law Act 1967.

s40 – Rules

(1) The power of the [Commissioner] to make rules under section twenty-nine of the Summary Jurisdiction Act, 1879, shall extend to the making of rules—

(a) for regulating the manner in which convictions and orders of courts of summary jurisdiction are to be drawn up, and in such cases as may be provided for by the rules, the transmission of such convictions and orders and any other documents therewith to the clerk of the peace and the filing of them by him, and

(b) [does not apply]

(c) for regulating the procedure of courts of summary jurisdiction under this Act, and the procedure in any legal proceedings which under any Act, whether general or local, and whether passed before or after the commencement of this Act (other than the Summary Jurisdiction Acts), are to be taken before any police or stipendiary magistrate or other court of summary jurisdiction.

Note: This provision was repealed in England by Justice of the Peace Act 1949 ostensibly before it was applied to South Georgia and the South Sandwich Islands.

s41 – Definitions

For the purposes of this Act, unless the context otherwise requires,—

• (1) The expression “sentenced to imprisonment” shall include cases where imprisonment is imposed by a court on any person either with or without the option of a fine, or in respect of the non-payment of any sum of money, or for failing to do or abstaining from doing any act or thing required to be done or left undone, and the expression “sentence of imprisonment” shall be construed accordingly:
• (2) The expressions “fine,” “sum adjudged to be paid by a conviction,” and “sum adjudged to be paid by an order,” have the same meanings as in the Summary Jurisdiction Act, 1879.

Note: This provision was repealed in England by Statute Law (Repeals) Act 1977.

Notes:

1. These provisions are predominantly administrative.
2. When considering their application to South Georgia and the South Sandwich Islands today consider in particular section 6 of the Falkland Islands Courts (Overseas Jurisdiction) Order 2009 No.777 (as amended) which applies Falkland Islands laws on procedure, evidence and rules of court in any proceedings relating to criminal or civil matters.
3. Please also see www.legislation.gov.uk website for the original Act and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Bankruptcy Act, 1914 c.59

Notes:

1. This Act was substantially repealed and replaced by the Insolvency Act 1986
2. It is very unlikely that Bankruptcy or Insolvency laws have any relevance in South Georgia and the South Sandwich Islands.
3. Please see www.legislation.gov.uk website for the original Act and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Indictments Act, 1915 c.90

Notes:

1. This Act remains substantially in force.
2. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Evidence (Amendment) Act 1915 c.94

Notes:

1. This Act has little relevance to the current situation of South Georgia and the South Sandwich Islands as it relates largely to evidence being given by witnesses engaged in military service – notwithstanding the fact that it has been repealed in England.
2. The Application of Enactments Ordinance 1954 Schedule as it relates to this Act may be in error. It seems likely that the intent was to apply the entire Act other than sections 5 and 6. Section 5 relates to the Army Council and the application of evidentiary rules to it etc. Section 6 simply provides the short title for the Act.
3. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Larceny Act 1916 c.50

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This is perhaps one of the most important Acts applied in South Georgia and the South Sandwich Islands as it is through its application and the effect of Interpretation and General Clauses Ordinance (1977) Part XI (esp s78) that e.g. Theft Act 1968 etc. is likely to be part of the current laws of South Georgia and the South Sandwich Islands.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Prevention of Corruption Act 1916 c.64

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This Act is, in effect, an amending Act for Public Bodies Corrupt Practices Act 1889 and the Prevention of Corruption Act 1906.
   • (a) The Public Bodies Corrupt Practices Act 1889 is likely to have been one of the English Acts of general application already applying in the Falkland Islands and their Dependencies before 22 May 1900 see Interpretation and General Clauses Ordinance (1977)) s81A;
   • (b) The Prevention of Corruption Act 1906 is also applied by the Application of Enactments Ordinance 1954 and Application of Colony Laws Ordinance 1955
3. This is perhaps one of the most important Acts applied in South Georgia and the South Sandwich Islands as it is through its application and the effect of Interpretation and General Clauses Ordinance (1977) Part XI (esp s78). Researchers need to consider whether the enlarged ambit of the Bribery Act 2010 applies.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Bills of Exchange (Time of Noting) Act 1917 c.48

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This short, two section Act is an amending act for the Bills of Exchange Act 1882.
3. The Bills of Exchange Act 1882 is likely to have been one of the English Acts of general application already applying in the Falkland Islands and their Dependencies before 22 May 1900 see Interpretation and General Clauses Ordinance (1977)) s81A.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Animals (Anaesthetics) Act 1919 c.54

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Married Women (Maintenance) Act 1920 c.63

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This Act was, in effect an amending Act for the Summary Jurisdiction (Married Women) Act 1895 – evidently an English Act of general application considered to apply in the Falkland Islands and the Dependencies prior to 22 May 1900 – see Interpretation and General Clauses Ordinance (1977) s81A etc.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Gaming Act 1922 c.19

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This Act was, in effect an amending Act for the Gaming Act 1835 – evidently an English Act of general application considered to apply in the Falkland Islands and the Dependencies prior to 22 May 1900 – see Interpretation and General Clauses Ordinance (1977) s81A etc.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK No.4 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)
Criminal Law Amendment Act 1922 c.56

NOTE: GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 AND APPLICATION OF COLONY LAWS ORDINANCE 1964 THIS ENACTMENT HAS NO CURRENT EFFECT IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS.

Notes:

1. Given the effect of Application of Enactments Ordinance 1962 and Application of Colony Laws Ordinance 1964 this enactment has no current effect in South Georgia and the South Sandwich Islands.
2. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
3. This Act was, in effect, an amending Act for the Criminal Law Amendment Act 1885 – evidently an English Act of general application considered to apply in the Falkland Islands and the Dependencies prior to 22 May 1900 – see Interpretation and General Clauses Ordinance (1977) s81A etc.
4. The Act also repealed s5 Punishment of Incest Act, 1908 – an Act also included in the Schedule to Application of Enactments Ordinance 1954 etc.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Bastardy Act 1923 c.23

Bastardy Act 1923 c.23

An Act to amend the Bastardy Laws, and to make further and better provision with regard to children of unmarried parents; and for other purposes connected therewith. [31st July 1923.]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows;—

s1 – As to issue of summons by justices

[not applied]

s2 – Increase of maximum payments

Section four of the Bastardy Laws Amendment Act, 1872 (which provides for the making of an order on the putative father for the maintenance, &c., of a bastard child), shall, as amended by the Affiliation Orders (Increase of Maximum Payment) Act, 1918, have effect as well for the purpose of pending applications as for the purpose of future applications as though twenty shillings a week were therein substituted for ten shillings a week, and subsections (2) and (3) of section one of the last-mentioned Act, which relate to the variation of orders under the said section four in force at the date of the commencement of that Act shall extend to the variation of orders under the said section four which are in force at the date of the commencement of this Act, with the substitution of references to this Act for references to that Act.

s3 – Continuation and variation of orders made at the instance of guardians

[not applied]

s4 – Notice of change of address

Any person for the time being under an obligation to make payments, including payments of costs, to any person, under an order made under the Bastardy Laws Amendment Act, 1872, or any Act amending that Act, including this Act, shall, in any case in which section four of the Affiliation Orders Act, 1914, does not apply, give notice to such persons, if any, as may be specified in the order of any change of address, and any person failing to give such notice without reasonable excuse shall be liable on summary conviction to a fine not exceeding two pounds.

s5 – Extent of Act

[not applied]

s6 – Short title and commencement

This Act may be cited as the Bastardy Act, 1923 and shall come into operation on the expiration of two months after the passing of the Act.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. As with other Acts, the application of this Act implies that the Bastardy Law Amendment Act 1872 (and no doubt the Act or Acts it amended) were considered to be law in the Falkland Islands and South Georgia and the South Sandwich Islands from before 22 May 1900. (See Interpretation and General Clauses Ordinance (1977) s81A and its predecessor legislation.)
3. As such legislation has little current application in South Georgia and the South Sandwich Islands it has not been traced forward into current statute law.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Administration of Estates Act 1925 c.23

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Even though this Act is largely current it is of little relevance to South Georgia and the South Sandwich Islands and its current circumstances.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Guardianship of Infants Act 1925 c.45

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This repealed Act is of little relevance to South Georgia and the South Sandwich Islands and its current circumstances although it does reveal that the Guardianship of Infants Act 1886 was evidently considered already to be law in the Falkland Islands and South Georgia and the South Sandwich Islands in 1954.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Supreme Court of Judicature (Consolidation) Act 1925 c.49

An Act to consolidate the Judicature Acts, 1873 to 1910, and other enactments relating to the Supreme Court of Judicature in England and the administration of justice therein.

[31st July 1925.]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s155 – Power to grant representation of real and personal estate separately or together

• (1) Probate or administration in respect of the real estate of a deceased person, or any part thereof, may be granted either separately or together with probate or administration of his personal estate, and may also be granted in respect of real estate only where there is no personal estate, or in respect of a trust estate only, and a grant of administration to real estate may be limited in any way the court thinks proper:Provided that where the estate of the deceased is known to be insolvent, the grant of representation to the estate shall not be severed except as regards a trust estate.
• (2) Provision may be made by probate rules and orders for adapting to the case of real estate the procedure and practice on the grant of administration.

s159 – Summons of executor to prove or to renounce

The High Court shall have power to summon any person named as an executor in a will to prove or renounce probate of the will, and to do such other things concerning the will as were customary before the commencement of this Act.

s160 – Provisions as to the number of personal representatives

• (1) Probate or administration shall not be granted to more than four persons in respect of the same property, and administration shall, if there is a minority or if a life interest arises under the will or intestacy, be granted either to a trust corporation, with or without an individual, or to not less than two individuals:Provided that the court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, as may be prescribed by probate rules and orders.
• (2) If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the original personal representative in accordance with probate rules and orders.
• (3) This section shall apply to grants made after the date of the commencement of this Act, whether the testator or intestate died before or after that date.

s161 – Power to grant representation to a trust corporation

• (1) The High Court may—
  • (a) where a trust corporation is named in a will as executor, whether alone or jointly with another person, grant probate to the corporation either solely or jointly with another person, as the case may require; and
  • (b) grant administration to a trust corporation, either solely or jointly with another person,

  and the corporation may act accordingly as executor or administrator, as the case may be.

• (2) Probate or administration shall not be granted to a syndic or nominee on behalf of a trust corporation.
• (3) Any officer authorised for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the court may require with a view to the grant to the corporation of probate or administration, and the acts of an officer so authorised shall be binding on the corporation.
• (4) Where, at the commencement of this Act, any interest in any estate is vested in a syndic on behalf of a trust corporation acting as the personal representatives of a deceased person, the said interest shall, by virtue of this Act, vest in the corporation, and the syndic shall be kept indemnified by the corporation in respect of the said interest.This subsection shall not apply to securities registered or inscribed in the name of a syndic or to land or a charge registered under the Land Registration Act, 1925, in the name of a syndic, but any such securities, land or charge, shall be transferred by the syndic to the corporation or as the corporation may direct.
• (5) This section shall have effect whether the intestate died before or after the commencement of this Act, and no such vesting or transfer as aforesaid shall operate as a breach of a covenant or condition against alienation or give rise to a forfeiture.

s162 – Discretion of court as to persons to whom administration is to be granted

• (1) In granting administration the High Court shall have regard to the rights of all persons interested in the estate of the deceased person or the proceeds of sale thereof, and, in particular, administration with the will annexed may be granted to a devisee or legatee, and in regard to land settled previously to the death of the deceased and not by his will, may be granted to the trustees of the settlement, and any such administration may be limited in any way the court thinks fit:Provided that where the deceased died wholly intestate as to his estate, administration shall—
  • (a) unless by reason of the insolvency of the estate or other special circumstances the court thinks it expedient to grant administration to some other person, be granted to some one or more of the persons interested in the residuary estate of the deceased, if they make an application for the purpose; and
  • (b) as regards land settled previously to the death of the deceased, be granted to the trustees, if any, of the settlement if willing to act.
• (2) This section shall apply only in the case of persons dying after the date of the commencement of this Act, and the High Court in granting administration in the case of persons dying at any time before that date shall act in accordance with the principles and rules in accordance with which it would have acted if this Act had not passed.

s163 – Administration pendente lite

• (1) Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling or revoking any grant, are pending, the High Court may grant administration of the estate of the deceased to an administrator, who shall have all the rights and powers of a general administrator, other than the right of distributing the residue of the estate, and every such administrator shall be subject to the immediate control of the court and act under its direction.
• (2) The court may, out of the estate of the deceased, assign to an administrator appointed under this section such reasonable remuneration as the court thinks fit.

s164 – Grant of special administration where personal representative is abroad

• (1) If at the expiration of twelve months from the death of a person any personal representative of the deceased to whom a grant has been made is residing out of the jurisdiction of the High Court, the court may, on the application of any creditor or person interested in the estate of the deceased, grant to him in the prescribed form special administration of the estate of the deceased.
• (2) The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into court of any money or securities belonging to the estate of the deceased person, and all persons shall obey any such order.
• (3) If the personal representative capable of acting as such returns to and resides within the jurisdiction of the High Court while any legal proceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings, and the costs of and incidental to the special administration and the legal proceedings shall be paid by such person and out of such fund as the court in which the proceedings are pending may direct.

s165 – Administration during minority of executor

• (1) Where an infant is sole executor of a will, administration with the will annexed shall be granted to his guardian, or to such other person as the court thinks fit, until the infant attains the age of twenty-one years, and on his attaining that age, and not before, probate of the will may be granted to him.
• (2) Where a testator by his will appoints an infant to be an executor, the appointment shall not operate to transfer any interest in the property of the deceased to the infant or to constitute him a personal representative for any purpose unless and until probate is granted to him under this section.

s166 – Administration with will annexed

Subject to the provisions of any enactment relating to special executors in the case of settled land, administration with the will annexed shall continue to be granted in every case where such a grant was customary before the commencement of this Act, and in such case the will of the deceased shall be performed and observed in like manner as if probate thereof had been granted to an executor.

s167 – Administration bonds

• (1) [not applied]
• (7) Probate rules and orders may be made for providing that sureties to administration bonds shall not be required when the grant is made to a trust corporation or to two or more individuals, or in any other proper case.

s185 – Decree for Judicial Separation

• (1) A petition for judicial separation may be presented to the court either by the husband or the wife on the ground of adultery or cruelty, desertion without cause for not less than two years, failure to comply with a decree for restitution of conjugal rights, or on any ground on which a decree for divorce a mensa et thoro might have been pronounced immediately before the commencement of the Matrimonial Causes Act, 1857.
• (2) The court may, on being satisfied that the allegations contained in the petition are true and that there is no legal ground why the petition should not be granted, make a decree for judicial separation, and any such decree shall have the same force and effect as a decree for divorce a mensa et thoro had immediately before the commencement of the Matrimonial Causes Act, 1857.
• (3) The court may, on the application by petition of the husband or wife against whom a decree for judicial separation has been made, and on being satisfied that the allegations contained in the petition are true, reverse the decree at any time after the making thereof, on the ground that it was obtained in the absence of the person making the application, or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.
• (4) The reversal of a decree for judicial separation shall not affect the rights or remedies which any other person would have had if the decree had not been reversed in respect of any debts, contracts or acts of the wife incurred, entered into or done between the date of the decree and of the reversal thereof.

s186 – Decree for restitution of conjugal rights

A petition for restitution of conjugal rights may be presented to the court either by the husband or the wife, and the court, on being satisfied that the allegations contained in the petition are true, and that there is no legal ground why a decree for restitution of conjugal rights should not be granted, may make the decree accordingly.

s187 – Periodical payments in lieu of attachment

• (1) A decree for restitution of conjugal rights shall not be enforced by attachment, but where the application is by the wife the court, at the time of making the decree or at any time afterwards, may, in the event of the decree not being complied with within any time in that behalf limited by the court, order the respondent to make to the petitioner such periodical payments as may be just, and the order may be enforced in the same manner as an order for alimony in proceedings for judicial separation.
• (2) The court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife the periodical payments, and for that purpose may direct that it shall be referred to one of the conveyancing counsel of the court to settle and approve a proper deed or instrument to be executed by all necessary parties.

s188 – Declaration of legitimacy

• (1) Any person who is a natural-born subject of His Majesty, or whose right to be deemed a natural born subject of His Majesty depends wholly or in part on his legitimacy or on the validity of any marriage, may, if he is domiciled in England or Northern Ireland or claims any real or personal estate situate in England, apply by petition to the court for a decree declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother or of his grandfather and grandmother was a valid marriage or that his own marriage was a valid marriage.
• (2) Any person who is so domiciled or claims as aforesaid, may apply to the court for a decree declaring his right to be deemed a natural-born subject of His Majesty.
• (3) Applications under subsections (1) and (2) of this section may be included in the same petition and on any such application the court shall make such decree as the court thinks just, and the decree shall be binding on His Majesty and all other persons whatsoever:
• (4) [not applied]
• (5) In any application under this section such persons shall, subject to rules of court, be cited to see proceedings or otherwise summoned as the court shall think fit, and any such persons may be permitted to become parties to the proceedings and to oppose the application.
• (6) The provisions of this Act relating to matrimonial causes shall, so far as applicable, extend to any proceedings under this section.
• (7) No proceedings under this section shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This Act, whilst of historic importance in England and elsewhere, notwithstanding its repeal and replacement, has next to no current application in South Georgia and the South Sandwich Islands.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Summary Jurisdiction (Separation and Maintenance) Act 1925 c.51

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. The application of this Act is now only of historic interest – however it does confirm that the Summary Jurisdiction (Married Women) Act 1895 etc. was considered to be law in the Falkland Islands and in South Georgia and the South Sandwich Islands in 1954.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) Ordinance 1960 (FLK No.10 of 1960)
Application of Colony Laws Ordinance 1961 (DS No.2 of 1961)
Criminal Justice Act 1925 c.86

s12 – Provisions as to taking of depositions, and caution to and statement of accused on proceedings before examining justices

• (4) … On the trial the statement of the accused taken down as aforesaid, and whether signed by him or not, may be given in evidence without further proof thereof, unless it is proved that the examining justices purporting to sign the statement did not in fact sign it.
• (6) Nothing contained in this section shall prevent the prosecutor in any case from giving in evidence at the trial any admission or confession or other statement of the accused made at any time which is by law admissible as evidence against the accused.

s28 – Summary proceedings for offence under s. 3, and amendments of ss. 3 and 4, of Perjury Act, 1911

• (1) Section three of the Perjury Act, 1911 (which relates to false statements as to marriages) shall have effect as though at the end of subsection (1) thereof there were inserted the words “and on summary conviction thereof shall be liable to a penalty not exceeding fifty pounds.”
• (2) A person convicted summarily of an offence under section four of the Perjury Act, 1911 (which relates to false statements as to births or deaths), shall be liable to a penalty not exceeding fifty pounds.
• (3) Summary proceedings for an offence under the said section three or under the said section four may, notwithstanding any provision of the Summary Jurisdiction Acts, be instituted at any time within twelve months after the commission of the offence.

s35 – Amendment of ss. 1 and 18 of Forgery Act, 1913

• (1) For the purpose of removing doubts, it is hereby declared that a document may be a false document for the purposes of the Forgery Act, 1913, notwithstanding that it is not false in any such manner as is described in subsection (2) of section one of that Act.
• (2) The Forgery Act, 1913, shall have effect as though in the definition of “valuable security” in section eighteen thereof there were inserted after the words “security for the payment of money” the words “or any authority or request for the payment of money or for the delivery or transfer of goods or chattels.”

s36 – Forgery of passport

• (1) The forgery of any passport, or the making by any person of a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or any other person, shall be a misdemeanour punishable with imprisonment not exceeding two years or a fine not exceeding one hundred pounds or both such imprisonment and fine.
• (2) In this section the expression “forgery” has the same meaning as in the Forgery Act, 1913.

s37 – Unlawful possession of pension documents

• (1) If any person receives, detains or has in his possession any document to which this section applies as a pledge or a security for a debt or with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person, he shall be liable, on summary conviction, to a fine not exceeding twenty pounds, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
• (2) This section applies to certificates or official documents evidencing or issued in connection with the right of persons to pensions or allowances payable out of any grant which may be made [out of the Public Revenues of the Colony in pursuance of any Ordinance.]Note: textual amendment in s37(2)

s38 – Imitation, &c, of currency or bank notes

• (1) If any person makes, or causes to be made, or uses for any purpose whatsoever, or utters, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency or bank note, or any part thereof, he shall be guilty of an offence against this section and shall be liable on summary conviction to a fine not exceeding five pounds, and it shall be lawful for the court dealing with the case to order the document in respect of which the offence was committed, and any copies of that document, or any plates, blocks, dies or other instruments used for, or capable of being used for, printing or reproducing any such document which are in the possession of the offender to be destroyed.
• (2) If any person whose name appears on any document the making of which is an offence under this section refuses, without lawful excuse, to disclose to a police officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be liable on summary conviction to a fine not exceeding ten pounds.
• (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under subsection (1) of this section, or on any other document used or distributed in connection with that document, it shall be prima facie evidence that that person caused the document to be made.
• (4) In this section the expression “currency note” means a currency note issued under the Currency and Bank Notes Act, 1914, and includes any note of a similar character, by whatever name called, issued by or on behalf of the government of any foreign state or any part of His Majesty’s Dominions outside the United Kingdom, and the expression “bank note” has the same meaning as in the Forgery Act, 1913.

s39 – Amendment of ss. 42 and 43 of Offences against the Person Act, 1861

• (1) Where a person has been convicted by a court of summary jurisdiction of an offence under section forty-two of the Offences against the Person Act, 1861 (which imposes a penalty on persons committing any common assault or battery) he shall instead of being liable to a fine not exceeding, together with costs, the sum of five pounds, be liable to a fine not exceeding five pounds in addition to any costs which the court may order him to pay.
• (2) The fine to which a person shall be liable on conviction by a court of summary jurisdiction for an offence under section forty-three of the Offences against the Person Act, 1861 (which imposes a penalty on persons committing an aggravated assault), shall, instead of being a fine not exceeding together with costs the sum of twenty pounds, be a fine not exceeding the sum of fifty pounds, and the offender shall in addition be liable to pay any costs which the court may order him to pay.
• (3) A court of summary jurisdiction by which any person is convicted of an offence under either of the enactments mentioned in this section may, in addition to imposing any penalty, order the offender to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour for a period not exceeding twelve months.

s41 – Prohibition on taking photographs, &c, in court

• (1) No person shall—
  • (a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or
  • (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;

  and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

• (2) For the purposes of this section—
  • (a) the expression “court” means any court of justice, including the court of a coroner;
  • (b) the expression “judge” includes recorder, registrar, magistrate, justice and coroner;
  • (c) a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made in court if it is taken or made in the court-room or in the building or in the precincts of the building in which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is entering or leaving the court-room or any such building or precincts as aforesaid.

[Note: s41 inserted with effect from 1 November 1960 by Application of Enactments (Amendment) Ordinance 1960 and by Application of Colony Laws Ordinance 1961]

s47 – Amendment of s4 Vagrancy Act 1824

The words “in any street, road, or public highway, or in the view thereof, or in any place of public resort,” in section four of the Vagrancy Act, 1824, are hereby repealed.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. The application of this Act confirms that both the Offences Against the Person Act 1861 and the Vagrancy Act 1824 were considered to be part of the laws of the Falkland Islands and South Georgia and the South Sandwich Islands in 1954.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Adoption of Children Act 1926 c.29

s5 – Effect of adoption order

• (1) … [not applied]
• (3) Where an adopted child or the spouse or issue of an adopted child takes any interest in real or personal property under a disposition by the adopter, or where an adopter takes any interest in real or personal property under a disposition by an adopted child or the spouse or issue of an adopted child, any succession, legacy or other duty which becomes leviable in respect thereof shall be payable at the same rate as if the adopted child had been a child born to the adopter in lawful wedlock.
• (4) For the purposes of this section “disposition” means an assurance of any interest in property by any instrument whether inter vivos or by will including codicil.

s10 – Provisions as to existing de facto adoptions

Where at the date of the commencement of this Act any infant is in the custody of, and being brought up, maintained and educated by any person or two spouses jointly as his, her or their own child under any de facto adoption, and has for a period of not less than two years before such commencement been in such custody, and been so brought up, maintained and educated, the Court may, upon the application of such person or spouses, and notwithstanding that the applicant is a male and the infant a female, make an adoption order authorising him, her or them to adopt the infant without requiring the consent of any parent or guardian of the infant to be obtained, upon being satisfied that in all the circumstances of the case it is just and equitable and for the welfare of the infant that no such consent should be required and that an adoption order should be made.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Legitimacy Act 1926 c.60

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Whilst s1 of this Act remains in force in England (legitimation of illegitimate child on marriage of parents) and in South Georgia and the South Sandwich Islands this legislation has little current practical effect in South Georgia and the South Sandwich Islands hence not being reproduced here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Administration of Justice Act 1928 c.26

s16 – Amendment of Guardianship of Infants Act, 1886

The powers of a court under section five of the Guardianship of Infants Act, 1886, as amended by the Guardianship of Infants Act, 1925, to make orders regarding the custody of an infant and the right of access thereto of either parent, may be exercised upon the application of the father of an infant in like manner as those powers may be exercised upon the application of the mother of the infant.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This legislation has little current practical effect in South Georgia and the South Sandwich Islands other than confirming that the Guardianship of Infants Act, 1886 was considered to be in force in the Falkland Islands and South Georgia and the South Sandwich Islands in 1954.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK No.2 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)
Criminal Law Amendment Act 1928 c.42

NOTE: GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 AND APPLICATION OF COLONY LAWS ORDINANCE 1964 THIS ENACTMENT HAS NO CURRENT EFFECT IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS.

s1 – Period of limitation etc.

Section two of the Criminal Law Amendment Act, 1922, shall be read as if for the period “nine months” therein specified as the limit of time mentioned in the second proviso to section five of the Criminal Law Amendment Act, 1885, as amended by section twenty-seven of the Prevention of Cruelty to Children Act, 1904, there was substituted the period of twelve months.

s2 – Short title construction and commencement

• (1) This Act may be cited as the Criminal Law Amendment Act, 1928, and the Criminal Law Amendment Acts, 1885 to 1922, and this Act may be cited together as the Criminal Law Amendment Acts, 1885 to 1928.
• (2) This Act shall come into operation on the first day of January, nineteen hundred and twenty-nine.

Notes:

1. Given the effect of Application of Enactments Ordinance 1962 and Application of Colony Laws Ordinance 1964 this enactment has no current effect in South Georgia and the South Sandwich Islands.
2. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
3. This legislation has little current practical effect in South Georgia and the South Sandwich Islands other than confirming that the Criminal Law Amendment Act 1885 and the legislation it amended was considered to be in force in the Falkland Islands and South Georgia and the South Sandwich Islands in 1954.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Age of Marriage Act 1929 c.36

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This legislation has been superseded by South Georgia and the South Sandwich Islands own Marriage Ordinances.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Extradition Act 1932 c.40

s1 – Amendment of Extradition Act 1870

The Extradition Act, 1870, shall be construed as if offences against any enactment for the time being in force relating to dangerous drugs, and attempts to commit such offences, were included in the list of crimes in the First Schedule to that Act.

s2 – Short title and citation

This Act may be cited as the Extradition Act, 1932, and the Extradition Acts, 1870 to 1906, and this Act may be cited together as the Extradition Acts, 1870 to 1932.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This legislation has been superseded in South Georgia and the South Sandwich Islands by UK legislation such as Extradition Act 2003 and the Extradition Act (Overseas Territories) Order 2016.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Children and Young Persons Act 1933 c.12

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This is a substantial piece of legislation that remains in force, in part at least in England, and necessarily also in South Georgia and the South Sandwich Islands. However given the current circumstances of South Georgia and the South Sandwich Islands this legislation is not reproduced separately as it is likely only to have a bearing in very limited circumstances.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Protection of Animals (Cruelty to Dogs) Act 1933 c.17

Protection of Animals (Cruelty To Dogs) Act 1933

1933 CHAPTER 17

An Act to enable courts to disqualify for keeping dogs persons convicted of cruelty to them.

[18th May 1933]

BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

s1 – Power to disqualify persons convicted of cruelty to dogs

• (1) Any court before which a person is convicted under the Protection of Animals Act, 1911, of an offence of cruelty to a dog may order him to be disqualified for keeping a dog and for holding or obtaining a dog licence for such period as the court thinks fit.
• (2) A person who by virtue of any such order is so disqualified as aforesaid may appeal against the order in the same manner as against a conviction, and the court may, if it thinks fit, pending the appeal, suspend the operation of the order.
• (3) Where a person who is disqualified by virtue of an order under this section is the holder of a dog licence, the licence shall be suspended so long as the disqualification continues in place and shall, during the time of suspension, be of no effect.
• (4) If any person who is disqualified by virtue of an order under this section keeps a dog or applies for or obtains a dog licence while he is so disqualified, he shall be liable on summary conviction to a fine not exceeding twenty-five pounds or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

s2 – Power to remove disqualification

A person who, by virtue of an order under this Act, is disqualified for keeping a dog and for holding and obtaining a dog licence may, at any time after the expiration of six months from the date of the order, and from time to time, apply to the court by which the order was made to remove the disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the person disqualified and his conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application:

Provided that, where an application under this section is refused, a further application thereunder shall not be entertained if made within three months after the date of the refusal.

s3 – Interpretation

In this Act [the expression “dog licence” means a licence under the Dogs Ordinance (Chapter 21) and the expression ‘keep’ has the same meaning as in the Dog Licences Act 1867.]

Note: substituted wording

s4 – Short title and citation

• (1) This Act may be cited as the Protection of Animals (Cruelty to Dogs) Act, 1933, and the Protection of Animals Act, 1911, the Protection of Animals Act (1911) Amendment Act, 1921, and this Act may be cited together as the Protection of Animals Acts, 1911 to 1933.
• (2) This Act shall not extend to Scotland or to Northern Ireland.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Administration of Justice (Miscellaneous Provisions) Act 1933 c.36

s7 – Costs in Crown Proceedings

• (1) In any civil proceedings to which the Crown is a party in any court having power to award costs in cases between subjects, and in any arbitration to which the Crown is a party, the costs of and incidental to the proceedings shall be in the discretion of the court or arbitrator to be exercised in the same manner and on the same principles as in cases between subjects, and the court or arbitrator shall have power to make an order for the payment of costs by or to the Crown accordingly:
• Provided that—
  • (a) in the case of proceedings to which by reason of any enactment or otherwise the Attorney-General, a Government department or any officer of the Crown as such is required to be made a party, the court or arbitrator shall have regard to the nature of the proceedings and the character and circumstances in which the Attorney-General, the department or officer of the Crown appears, and may in the exercise of its or his discretion order any other party to the proceedings to pay the costs of the Attorney-General, department or officer, whatever may be the result of the proceedings; and
  • (b) nothing in this section shall affect the power of the court or arbitrator to order, or any enactment providing for, the payment of costs out of any particular fund or property, or any enactment expressly relieving any department or officer of the Crown of the liability to pay costs.
• (2) In this section the expression “civil proceedings” includes proceedings by petition of right and proceedings by the Crown in the High Court or a county court for the recovery of fines or penalties, and references to proceedings to which the Crown is a party include references to proceedings to which the Attorney-General or any Government department or any officer of the Crown as such is a party, so, however, that the Crown shall not be deemed to be a party to any proceedings by reason only that the proceedings are proceedings by the Attorney-General on the relation of some other person.
• (3) This section shall apply to proceedings pending at the commencement of this Act.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Arbitration Act 1934 c.14

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Arbitration and/or mediation is now a well settled alternative to court proceedings often mandated by court rules or directions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law Reform (Miscellaneous Provisions) Act 1934 c.41

An Act to amend the law as to the effect of death in relation to causes of action and as to the awarding of interest in civil proceedings.

[25th July 1934]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Effect of death on certain causes of action

• (1) Subject to the provisions of this section, on the death of any person after the commencement of this Act all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate. Provided that this subsection shall not apply to causes of action for defamation or seduction or for inducing one spouse to leave or remain apart from the other or to claims under section one hundred and eighty-nine of the Supreme Court of Judicature (Consolidation) Act, 1925, for damages on the ground of adultery.
• (2) Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person:—
  • (a) shall not include any exemplary damages;
  • (b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;
  • (c) where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.
• (3) No proceedings shall be maintainable in respect of a cause of action in tort which by virtue of this section has survived against the estate of a deceased person, unless either—
  • (a) proceedings against him in respect of that cause of action were pending at the date of his death; or
  • (b) the cause of action arose not earlier than six months before his death and proceedings are taken in respect thereof not later than six months after his personal representative took out representation.
• (4) Where damage has been suffered by reason of any act or omission in respect of which a cause of action would have subsisted against any person if that person had not died before or at the same time as the damage was suffered, there shall be deemed, for the purposes of this Act, to have been subsisting against him before his death such cause of action in respect of that act or omission as would have subsisted if he had died after the damage was suffered.
• (5) The rights conferred by this Act for the benefit of the estates of deceased persons shall be in addition to and not in derogation of any rights conferred on the dependants of deceased persons by the Fatal Accidents Acts, 1846 to 1908, or the Carriage by Air Act, 1932, and so much of this Act as relates to causes of action against the estates of deceased persons shall apply in relation to causes of action under the said Acts as it applies in relation to other causes of action not expressly excepted from the operation of subsection (1) of this section.
• (6) In the event of the insolvency of an estate against which proceedings are maintainable by virtue of this section, any liability in respect of the cause of action in respect of which the proceedings are maintainable shall be deemed to be a debt provable in the administration of the estate, notwithstanding that it is a demand in the nature of unliquidated damages arising otherwise than by a contract, promise or breach of trust.
• (7) [Not applied]

s2 – Amendment of Fatal Accidents Acts, 1846 to 1908

• (1) For the purposes of the Fatal Accidents Acts, 1846 to 1908, a person shall be deemed to be the parent or child of the deceased person notwithstanding that he was only related to him illegitimately or in consequence of adoption; and accordingly in deducing any relationship which under the provisions of those Acts is included within the meaning of the expressions “parent” and “child,” any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate offspring of his mother and reputed father or, as the case may be, of his adopters.
• (2) In this section the expression “adopted person” means a person who has been adopted, whether before or after the commencement of this Act, in pursuance of an adoption order made under the Adoption of Children Act, 1926, or the Adoption of Children (Scotland) Act, 1930, or the Adoption of Children Act (Northern Ireland), 1929, and for the purpose of any proceedings under the Fatal Accidents Acts, 1846 to 1908, an extract of, or a certified copy of, any entry in an Adopted Children Register which would in Scotland or Northern Ireland be receivable as evidence of certain facts, shall be receivable as evidence of those facts in England.
• (3) In an action brought under the Fatal Accidents Acts, 1846 to 1908, damages may be awarded in respect of the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.
• (4) This section shall not apply in relation to any action in respect of the death of any person before the commencement of this Act.

s3 – Power of courts of record to award interest on debts and damages

• (1) In any proceedings tried in any court of record for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment:Provided that nothing in this section—
  • (a) shall authorise the giving of interest upon interest; or
  • (b) shall apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise; or
  • (c) shall affect the damages recoverable for the dishonour of a bill of exchange.
• (2) [Not applied]

s4 – Short title and extent

• (1) This Act may be cited as the Law Reform (Miscellaneous Provisions) Act, 1934.
• (2) This Act shall not extend to Scotland or Northern Ireland.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Vagrancy Act 1935 c.20

Vagrancy Act 1935

1935 CHAPTER 20

An Act to amend section four of the Vagrancy Act, 1824, so far as it relates to persons wandering abroad and lodging in barns or other places.

[6th June 1935]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Amendment of 5 Geo. 4. c. 83, s. 4

• (1) So much of section four of the Vagrancy Act, 1824, as enacts that a person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself, shall be deemed a rogue and vagabond within the meaning of that Act, shall have effect subject to the following provisions of this section.
• (2) [not applied]
• (3) A person wandering abroad and lodging as aforesaid shall not be deemed by virtue of the said enactment a rogue and vagabond within the meaning of the said Act unless it is proved either—
  • (a) that, in relation to the occasion on which he lodged as aforesaid, he had been directed to a reasonably accessible place of shelter and failed to apply for, or refused, accommodation there;
  • (b) that he is a person who persistently wanders abroad and, notwithstanding that a place of shelter is reasonably accessible, lodges or attempts to lodge as aforesaid; or
  • (c) that by, or in the course of, lodging as aforesaid he caused damage to property, infection with vermin, or other offensive consequence, or that he lodged as aforesaid in such circumstances as to appear to be likely so to do.

  In this subsection the expression “a place of shelter” means a place where provision is regularly made for giving (free of charge) accommodation for the night to such persons as apply therefor.

• (4) The reference in the said enactment to a person lodging under a tent or in a cart or waggon shall not be deemed to include a person lodging under a tent or in a cart or waggon with or in which he travels.

s2 – Short title and extent

• (1) This Act may be cited as the Vagrancy Act, 1935.
• (2) This Act shall not extend to Scotland or to Northern Ireland.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law Reform (Married Women and Tortfeasors) Act 1935 c.30

Law Reform (Married Women and Tortfeasors) Act 1935

1935 CHAPTER 30

An Act to amend the law relating to the capacity, property, and liabilities of married women, and the liabilities of husbands; and to amend the law relating to proceedings against, and contribution between, tort-feasors.

[2nd August 1935]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Capacity of married women

Subject to the provisions of this Part of this Act, and subject, as respects actions in tort between husband and wife, to the provisions of section twelve of the Married Women’s Property Act, 1882, a married woman shall—

• (a) be capable of acquiring, holding, and disposing of, any property; and
• (b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt, or obligation; and
• (c) be capable of suing and being sued, either in tort or in contract or otherwise; and
• (d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were a feme sole.

s2 – Property of married women

• (1) Subject to the provisions of this Part of this Act all property which—
  • (a) immediately before the passing of this Act was the separate property of a married woman or held for her separate use in equity; or
  • (b) belongs at the time of her marriage to a woman married after the passing of this Act; or
  • (c) after the passing of this Act is acquired by or devolves upon a married woman,

  shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly:

  Provided that nothing in this subsection shall interfere with or render inoperative any restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision attaching such a restriction, contained in any Act passed before the passing of this Act, or in any instrument executed before [the date of the commencement of this Ordinance].

• (2) Any instrument executed on or after [the date of the commencement of this Ordinance] shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
• (3) For the purposes of the provisions of this section relating to restrictions upon anticipation or alienation—
  • (a) an instrument attaching such a restriction as aforesaid executed on or after [the date of the commencement of this Ordinance], in pursuance of an obligation imposed before that date to attach such a restriction shall be deemed to have been executed before the said [date of commencement of this Ordinance];
  • (b) a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and
  • (c) the will of any testator who dies after [the day before the date of the commencement of this Ordinance], shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after [the date of the commencement of this Ordinance].

s3 – Abolition of husband’s liability for wife’s torts and ante-nuptial contracts, debts and obligations

Subject to the provisions of this Part of this Act, the husband of a married woman shall not, by reason only of his being her husband, be liable—

• (a) in respect of any tort committed by her whether before or after the marriage, or in respect of any contract entered into, or debt or obligation incurred, by her before the marriage; or
• (b) to be sued, or made a party to any legal proceeding brought, in respect of any such tort, contract, debt, or obligation.

s4 – Savings

• (1) Nothing in this Part of this Act shall—
  • (a) during coverture which began before the first day of January eighteen hundred and eighty-three, affect any property to which the title (whether vested or contingent, and whether in possession, reversion, or remainder) of a married woman accrued before that date, except property held for her separate use in equity;
  • (b) affect any legal proceeding in respect of any tort if proceedings had been instituted in respect thereof before the passing of this Act;
  • (c) enable any judgment or order against a married woman in respect of a contract entered into, or debt or obligation incurred, before the passing of this Act, to be enforced in bankruptcy or to be enforced otherwise than against her property.
• (2) For the avoidance of doubt it is hereby declared that nothing in this Part of this Act—
  • (a) renders the husband of a married woman liable in respect of any contract entered into, or debt or obligation incurred, by her after the marriage in respect of which he would not have been liable if this Act had not been passed;
  • (b) exempts the husband of a married woman from liability in respect of any contract entered into, or debt or obligation (not being a debt or obligation arising out of the commission of a tort) incurred, by her after the marriage in respect of which he would have been liable if this Act had not been passed;
  • (c) prevents a husband and wife from acquiring, holding, and disposing of, any property jointly or as tenants in common, or from rendering themselves, or being rendered, jointly liable in respect of any tort, contract, debt or obligation, and of suing and being sued either in tort or in contract or otherwise, in like manner as if they were not married;
  • (d) prevents the exercise of any joint power given to a husband and wife.

s5 – Consequential amendments and repeals

• (1) The enactments mentioned in the first column of the First Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule.
• (2) [Not applied]

s6 – Proceedings against, and contribution between, joint and several tort-feasors

• (1) Where damage is suffered by any person as a result of a tort (whether a crime or not)—
  • (a) judgment recovered against any tort-feasor liable in respect of that damage shall not be a bar to an action against any other person who would, if sued, have been liable as a joint tort-feasor in respect of the same damage;
  • (b) if more than one action is brought in respect of that damage by or on behalf of the person by whom it was suffered, or for the benefit of the estate, or of the wife, husband, parent or child, of that person, against tort-feasors liable in respect of the damage (whether as joint tort-feasors or otherwise) the sums recoverable under the judgments given in those actions by way of damages shall not in the aggregate exceed the amount of the damages awarded by the judgment first given; and in any of those actions, other than that in which judgment is first given, the plaintiff shall not be entitled to costs unless the court is of opinion that there was reasonable ground for bringing the action;
  • (c) any tort-feasor liable in respect of that damage may recover contribution from any other tortfeasor who is, or would if sued have been, liable in respect of the same damage, whether as a joint tort-feasor or otherwise, so, however, that no person shall be entitled to recover contribution under this section from any person entitled to be indemnified by him in respect of the liability in respect of which the contribution is sought.
• (2) In any proceedings for contribution under this section the amount of the contribution recoverable from any person shall be such as may be found by the court to be just and equitable having regard to the extent of that person’s responsibility for the damage; and the court shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.
• (3) For the purposes of this section—
  • (a) the expressions “parent” and “child” have the same meanings as they have for the purposes of the Fatal Accidents Acts, 1846 to 1908; and
  • (b) the reference in this section to “the judgment first given” shall, in a case where that judgment is reversed on appeal, be construed as a reference to the judgment first given which is not so reversed and, in a case where a judgment is varied on appeal, be construed as a reference to that judgment as so varied.
• (4) Nothing in this section shall—
  • (a) apply with respect to any tort committed before the commencement of this Part of this Act; or
  • (b) affect any criminal proceedings against any person in respect of any wrongful act; or
  • (c) render enforceable any agreement for indemnity which would not have been enforceable if this section had not been passed.

s7 – Commencement of Part II

[not applied]

s8 – Short title, extent and construction of references

• (1) This Act may be cited as the Law Reform (Married Women and Tort-feasors) Act, 1935.
• (2) This Act shall not extend to Scotland or to Northern Ireland.
• (3) Any reference in this Act to any other enactment or to any provision of any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment, or that provision, as the case may be, as amended by any subsequent enactment including this Act.

Schedules not reproduced

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This is a foundational Act on the path towards gender equality. In that regard whilst one can regret the fact that such a step was taken as late as 1935 in England one can deplore that it took until 1954 for such basic steps to be taken in the Falkland Islands and in South Georgia and the South Sandwich Islands.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Coinage Offences Act 1936 c.16

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This Act has not been reproduced in these notes.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Evidence Act 1938 c.28

Evidence Act 1938

1938 CHAPTER 28

An Act to amend the Law of Evidence.

[26th May 1938.]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Admissibility of documentary evidence as to facts in issue

• (1) In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the original document, be admissible as evidence of that fact if the following conditions are satisfied, that is to say—
  • (i) if the maker of the statement either—
    • (a) had personal knowledge of the matters dealt with by the statement; or
    • (b) where the document in question is or forms part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have, personal knowledge of those matters; and
  • (ii) if the maker of the statement is called as a witness in the proceedings:

  Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not reasonably practicable to secure his attendance, or if all reasonable efforts to find him have been made without success.

• (2) In any civil proceedings, the court may at any stage of the proceedings, if having regard to all the circumstances of the case it is satisfied that undue delay or expense would otherwise be caused, order that such a statement as is mentioned in subsection (1) of this section shall be admissible as evidence or may, without any such order having been made, admit such a statement in evidence—
  • (a) notwithstanding that the maker of the statement is available but is not called as a witness;
  • (b) notwithstanding that the original document is not produced, if in lieu thereof there is produced a copy of the original document or of the material part thereof certified to be a true copy in such manner as may be specified in the order or as the court may approve, as the case may be.
• (3) Nothing in this section shall render admissible as evidence any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish.
• (4) For the purposes of this section, a statement in a document shall not be deemed to have been made by a person unless the document or the material part thereof was written, made or produced by him with his own hand, or was signed or initialled by him or otherwise recognised by him in writing as one for the accuracy of which he is responsible.
• (5) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of the foregoing provisions, the court may draw any reasonable inference from the form or contents of the document in which the statement is contained, or from any other circumstances, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be the certificate of a registered medical practitioner, and where the proceedings are with a jury, the Court may in its discretion reject the statement notwithstanding that the requirements of this section are satisfied with respect thereto, if for any reason it appears to it to be inexpedient in the interests of justice that the statement should be admitted.

s2 – Weight to be attached to evidence

• (1) In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by this Act, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent facts.
• (2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by this Act shall not be treated as corroboration of evidence given by the maker of the statement.

s3 – Proof of instrument to validity of which attestation is necessary

• Subject as hereinafter provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive:Provided that nothing in this section shall apply to the proof of wills or other testamentary documents.

s4 – Presumptions as to documents twenty years old

In any proceedings, whether civil or criminal, there shall, in the case of a document proved, or purporting, to be not less than twenty years old, be made any presumption which immediately before the commencement of this Act would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old.

s5 – Savings as to certain entries

[Not applied]

s6 – Interpretations and savings

• (1) In this Act—“Document” includes books, maps, plans, drawings and photographs;“Statement” includes any representation of fact, whether made in words or otherwise;“Proceedings” includes arbitrations and references, and “Court” shall be construed accordingly.
• (2) Nothing in this Act shall—
  • (a) prejudice the admissibility of any evidence which would apart from the provisions of this Act be admissible; or
  • (b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if this Act had not passed.

s7 – Short title, extent and commencement

• (1) This Act may be cited as the Evidence Act, 1938.
• (2) This Act shall not extend to Scotland or Northern Ireland.
• (3) This Act shall come into operation on the first day of September nineteen hundred and thirty-eight.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Administration of Justice (Miscellaneous Provisions) Act 1938 c.63

Administration of Justice (Miscellaneous Provisions) Act 1938

Chapter 63

An Act to amend the law with respect to quarter sessions with respect to proceedings heretofore usually dealt with on the Crown side of the King’s Bench Division of the High Court; to enable effect to be given to international conventions affecting English Courts; to extend the Jurisdiction of County Courts and to amend the Supreme Court of Judicature Act, 1925, and the County Courts Act 1934; to amend the law relating to appeals from the Mayor’s and City of London Court; and for purposes connected with the matters aforesaid.

[29 July 1938]

Be it enacted by the King’s most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same as follows:—

s7 – Orders of mandamus, prohibition and certiorari to be substituted for prerogative writs of mandamus, prohibition and certiorari

• (1) The prerogative writs of mandamus, prohibition and certiorari shall no longer be issued by the High Court.
• (2) In any case where the High Court would, but for the provisions of the last foregoing subsection, have had jurisdiction to order the issue of a writ of mandamus requiring any act to be done, or a writ of prohibition prohibiting any proceedings or matter, or a writ of certiorari removing any proceedings or matter into the High Court or any divisions thereof for any purpose, the Court may make an order requiring the act to be done, or prohibiting or removing the proceedings or matter, as the case may be.
• (3) The said orders shall be called respectively an order of mandamus, an order of prohibition and an order of certiorari.
• (4) No return shall be made to any such order and no pleadings in prohibition shall be allowed, but the order shall be final, subject to any right of appeal therefrom.
• (5) In any enactment references to any writ of mandamus, prohibition or certiorari shall be construed as references to the corresponding order and reference to the issue or award of any such writ shall be construed as references to the making of the corresponding order.

s8 – Power to make orders of mandamus in certain other cases

The power of the High Court under any enactment to require justices of the peace or a judge or officer of a county court to do any act relating to the duties of their respective offices, or to require any court of summary jurisdiction or court of quarter sessions to state a case for the opinion of the Court, in any case where immediately before the commencement of this Act the Court had by virtue of any enactment jurisdiction to make a rule absolute or to make an order, as the case may be, for any of those purposes, shall be exercisable by order of mandamus.

s9 – Abolition of information in the nature of quo warranto

• (1) Informations in the nature of quo warranto are hereby abolished.
• (2) In any case where any person acts in an office in which he is not entitled to act and an information in the nature of quo warranto would, but for the provisions of the last foregoing subsection, have lain against him, the High Court may grant an injunction restraining him from so acting and may (if the case so requires) declare the office to be vacant.
• (3) No proceedings for an injunction under this section shall be taken by a person who would not immediately before the commencement of this Act have been entitled to apply for an information in the nature of quo warranto.

s10 – Rules [of Court]

• (1) [The Governor in Council may make Rules of Court]—
  • (a) prescribing the procedure in cases where an order of mandamus, prohibition or certiorari is sought, or proceedings are taken for an injunction under the last foregoing section;
  • (b) requiring, except in such cases as may be specified in the rules, that leave shall be obtained before an application is made for any such order or before any such proceedings are commenced;
  • (c) requiring that, where leave is so obtained, no relief shall be granted and no ground relied upon, except with the leave of the court, other than the relief and grounds specified when the application for leave was made.
• (2) [not applied]

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. The foundations of ‘modern’ administrative law for South Georgia and the South Sandwich Islands.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Limitation Act 1939 c.21

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This was evidently a pivotal piece of legislation concerning limitation. The effect of s78 Interpretation and General Law Ordinance (1977) is likely to mean that the current Limitation Act 1980 is current law in South Georgia and the South Sandwich Islands. It is for that reason that the original Act is not reproduced here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law Reform (Frustrated Contracts) Act 1943 c.40

Law Reform (Frustrated Contracts) Act 1943

1943 CHAPTER 40

An Act to amend the law relating to the frustration of contracts.

s1 – Adjustment of rights and liabilities of parties to frustrated contracts

• (1) Where a contract governed by English law has become impossible of performance or been otherwise frustrated, and the parties thereto have for that reason been discharged from the further performance of the contract, the following provisions of this section shall, subject to the provisions of section two of this Act, have effect in relation thereto.
• (2) All sums paid or payable to any party in pursuance of the contract before the time when the parties were so discharged (in this Act referred to as “the time of discharge”) shall, in the case of sums so paid, be recoverable from him as money received by him for the use of the party by whom the sums were paid, and, in the case of sums so payable, cease to be so payable:Provided that, if the party to whom the sums were so paid or payable incurred expenses before the time of discharge in, or for the purpose of, the performance of the contract, the court may, if it considers it just to do so having regard to all the circumstances of the case, allow him to retain or, as the case may be, recover the whole or any part of the sums so paid or payable, not being an amount in excess of the expenses so incurred.
• (3) Where any party to the contract has, by reason of anything done by any other party thereto in, or for the purpose of, the performance of the contract, obtained a valuable benefit (other than a payment of money to which the last foregoing subsection applies) before the time of discharge, there shall be recoverable from him by the said other party such sum (if any), not exceeding the value of the said benefit to the party obtaining it, as the court considers just, having regard to all the circumstances of the case and, in particular,—
  • (a) the amount of any expenses incurred before the time of discharge by the benefited party in, or for the purpose of, the performance of the contract, including any sums paid or payable by him to any other party in pursuance of the contract and retained or recoverable by that party under the last foregoing subsection, and
  • (b) the effect, in relation to the said benefit, of the circumstances giving rise to the frustration of the contract.
• (4) In estimating, for the purposes of the foregoing provisions of this section, the amount of any expenses incurred by any party to the contract, the court may, without prejudice to the generality of the said provisions, include such sum as appears to be reasonable in respect of overhead expenses and in respect of any work or services performed personally by the said party.
• (5) In considering whether any sum ought to be recovered or retained under the foregoing provisions of this section by any party to the contract, the court shall not take into account any sums which have, by reason of the circumstances giving rise to the frustration of the contract, become payable to that party under any contract of insurance unless there was an obligation to insure imposed by an express term of the frustrated contract or by or under any enactment.
• (6) Where any person has assumed obligations under the contract in consideration of the conferring of a benefit by any other party to the contract upon any other person, whether a party to the contract or not, the court may, if in all the circumstances of the case it considers it just to do so, treat for the purposes of subsection (3) of this section any benefit so conferred as a benefit obtained by the person who has assumed the obligations as aforesaid.

s2 – Provisions as to application of this Act

• (1) This Act shall apply to contracts, whether made before, or after the commencement of this Act, as respects which the time of discharge is on or after the first day of July, nineteen hundred and forty-three, but not to contracts as respects which the time of discharge is before the said date.
• (2) This Act shall apply to contracts to which the Crown is a party in like manner as to contracts between subjects.
• (3) Where any contract to which this Act applies contains any provision which, upon the true construction of the contract, is intended to have effect in the event of circumstances arising which operate, or would but for the said provision operate, to frustrate the contract, or is intended to have effect whether such circumstances arise or not, the court shall give effect to the said provision and shall only give effect to the foregoing section of this Act to such extent, if any, as appears to the court to be consistent with the said provision.
• (4) Where it appears to the court that a part of any contract to which this Act applies can properly be severed from the remainder of the contract, being a part wholly performed before the time of discharge, or so performed except for the payment in respect of that part of the contract of sums which are or can be ascertained under the contract, the court shall treat that part of the contract as if it were a separate contract and had not been frustrated and shall treat the foregoing section of this Act as only applicable to the remainder of that contract.
• (5) This Act shall not apply—
  • (a) to any charterparty, except a time charterparty or a charterparty by way of demise, or to any contract (other than a charterparty) for the carriage of goods by sea; or
  • (b) to any contract of insurance, save as is provided by subsection (5) of the foregoing section; or
  • (c) to any contract to which section seven of the [56 & 57 Vict. c. 71.] Sale of Goods Act, 1893 (which avoids contracts for the sale of specific goods which perish before the risk has passed to the buyer) applies, or to any other contract for the sale, or for the sale and delivery, of specific goods, where the contract is frustrated by reason of the fact that the goods have perished.

s3 – Short title and interpretation

• (1) This Act may be cited as the Law Reform (Frustrated Contracts) Act, 1943.
• (2) In this Act the expression “court” means, in relation to any matter, the court or arbitrator by or before whom the matter falls to be determined.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law Reform (Contributory Negligence) Act 1945 c.28

Law Reform (Contributory Negligence) Act 1945

Chapter 28

An Act to amend the law relating to contributory negligence and for purposes connected therewith.

[15th June 1945]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Apportionment of liability in case of contributory negligence

• (1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage:Provided that—
  • (a) this subsection shall not operate to defeat any defence arising under a contract;
  • (b) where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable.
• (2) Where damages are recoverable by any person by virtue of the foregoing subsection subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.
• (3) Section six of the Law Reform (Married Women and Tortfeasors) Act, 1935 (which relates to proceedings against, and contribution between, joint and several tortfeasors), shall apply in any case where two or more persons are liable or would, if they had all been sued, be liable by virtue of subsection (1) of this section in respect of the damage suffered by any person.
• (4) Where any person dies as the result partly of his own fault and partly of the fault of any other person or persons, and accordingly if an action were brought for the benefit of the estate under the Law Reform (Miscellaneous Provisions) Act, 1934, the damages recoverable would be reduced under subsection (1) of this section, any damages recoverable in an action brought for the benefit of the dependants of that person under the Fatal Accidents Acts, 1846 to 1908, shall be reduced to a proportionate extent.
• (5) Where, in any case to which subsection (1) of this section applies, one of the persons at fault avoids liability to any other such person or his personal representative by pleading the Limitation Act, 1939, or any other enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages or contributions from that other person or representative by virtue of the said subsection.
• (6) Where any case to which subsection (1) of this section applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been at fault and the extent to which those damages are to be reduced.
• (7) Article 21 of the Convention contained in the First Schedule to the Carriage by Air Act, 1932 (which empowers a court to exonerate wholly or partly a carrier who proves that the damage was caused by or contributed to by the negligence of the injured person), shall have effect subject to the provisions of this section.

s2 – Saving for Maritime Conventions Act, 1911

[Not applied]

s3 – Saving for Maritime Conventions Act, 1911, and past cases

• (1) This Act shall not apply to any claim to which section one of the Maritime Conventions Act, 1911, applies and that Act shall have effect as if this Act had not passed.
• (2) This Act shall not apply to any case where the acts or omissions giving rise to the claim occurred before the passing of this Act.

s4 – Interpretation

The following expressions have the meanings hereby respectively assigned to them, that is to say—

“court” means, in relation to any claim, the court or arbitrator by or before whom the claim falls to be determined;

“damage” includes loss of life and personal injury;

“dependant” means any person for whose benefit an action could be brought under the Fatal Accidents Acts, 1846 to 1908;

“employer” and “workman” have the same meaning as in the Workmen’s Compensation Act, 1925, as amended by any subsequent enactment;

“fault” means negligence, breach of statutory duty or other act or omission which gives rise to a liability in tort or would, apart from this Act, give rise to the defence of contributory negligence.

s5 – Application to Crown

[Not applied]

s6 – Application to Northern Ireland

[Not applied]

s7 – Short title and extent

This Act may be cited as the Law Reform (Contributory Negligence) Act, 1945.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Treason Act 1945 c.44

Treason Act 1945

Chapter 44

An Act to assimilate the procedure in all cases of treason and misprison of treason to the procedure in cases of murder.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Extension of Treason Act 1800

The Treason Act 1800 (which assimilates the procedure in certain cases of treason and misprison of treason to the procedure in cases of murder) shall apply in cases of treason and misprison of treason whether alleged to have been committed before or after the passing of this Act.

s2 – Repeals

• (1) The enactments set out in the Schedule to this Act are hereby repealed in so far as they extend to matters of procedure in case of treason or misprison of treason, that is to say, to the extent specified in the third column of that Schedule.
• (2) For removal of doubt it is hereby declared that nothing in the Treason Act 1800 shall be deemed to have repealed any of the provisions of the Treason Act 1695, or of the Treason Act, 1708, except the provisions of those Acts specified in the third column of the Schedule to this Act.

s3 – Short title and application to Northern Ireland

• (1) This Act may be cited as the Treason Act, 1945.
• (2) The Treason Act, 1800 as applied by this Act, shall extend to Northern Ireland.
• (3) For the purposes of section six of the Government of Ireland Act 1920 this Act shall be deemed to be an Act passed before the appointed day.

Schedules not reproduced

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Section 78 Interpretation and General Clauses Ordinance (1977) will almost certainly have imported current English Treason law into the law of South Georgia and the South Sandwich Islands.
3. Even though this Act almost certainly has no currency in South Georgia and the South Sandwich Islands it is of historic interest. It also points to the application of various English statutes concerning Treason etc. to South Georgia and the South Sandwich Islands before 22 May 1900.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Coinage Act 1946 c.74

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This Act is only of historic interest. It provided for the final debasement of the coinage. Coins made of cupro-nickel issued by the Royal Mint were to be legal tender for an amount up to 40 shillings (ie £2).
3. South Georgia and the South Sandwich Islands now has its own laws on coinage (Currency Ordinance 2024) hence not reproducing the English Act of Parliament here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Crown Proceedings Act 1947 c.44

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This is a current Act of considerable significance that almost certainly applies in its up to date form in South Georgia and the South Sandwich Islands by virtue of s78 Interpretation and General Clauses Ordinance (1977).

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK No.4 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)
Attempted Rape Act 1948 c.19

GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 AND APPLICATION OF COLONY LAWS ORDINANCE 1964 THIS ENACTMENT HAS NO CURRENT EFFECT IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS.

Attempted Rape Act 1948

Chapter 19

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s1 – Penalty for attempted rape

Where a person is convicted in [the Colony] of an attempt to commit rape, the court shall have power to pass a sentence of penal servitude for a term of not more than seven years, in lieu of dealing with him in any other manner in which the court has power to deal with him.

s2 – Short title

This Act may be cited as the Attempted Rape Act, 1948.

Notes:

1. Given the effect of Application of Enactments Ordinance 1962 and Application of Colony Laws Ordinance 1964 this enactment has no current effect in South Georgia and the South Sandwich Islands.
2. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law Reform (Personal Injuries) Act 1948 c.41

Law Reform (Personal Injuries) Act 1948

1948 CHAPTER 41

An Act to abolish the defence of common employment, to amend the law relating to the measure of damages for personal injury or death, and for purposes connected therewith.

[30th June 1948]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :—

1 Common employment

• (1) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him, that that person was at the time the injuries were caused in common employment with the person injured.
• (2) Accordingly the [43 & 44 Vict. c. 42.] Employers’ Liability Act, 1880, shall cease to have effect, and is hereby repealed.
• (3) Any provision contained in a contract of service or apprenticeship, or in an agreement collateral thereto, (including a contract or agreement entered into before the commencement of this Act) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.

2 Measure of damages

• (1) In an action for damages for personal injuries (including any such action arising out of a contract), there shall in assessing those damages be taken into account, against any loss of earnings or profits which has accrued or probably will accrue to the injured person from the injuries, one half of the value of any rights which have accrued or probably will accrue to him therefrom in respect of industrial injury benefit, industrial disablement benefit or sickness benefit for the rive years beginning with the time when the cause of action accrued.This subsection shall not be taken as requiring both the gross amount of the damages before taking into account the said rights and the net amount after taking them into account to be found separately.
• (2) In determining the value of the said rights there shall be disregarded any increase of an industrial disablement pension in respect of the need of constant attendance.
• (3) The reference in subsection (1) of this section to assessing the damages for personal injuries shall, in cases where the damages otherwise recoverable are subject to reduction under the law relating to contributory negligence or are limited by or under any Act or by contract, be taken as referring to the total damages which would have been recoverable apart from the reduction or limitation.
• (4) [not applied]
• (5) In assessing damages in respect of a person’s death in any action under the [9 & 10 Vict. c. 93.] Fatal Accidents Act, 1846, as amended by any subsequent enactment, or under the [22 & 23 Geo. 5. c. 36.] Carriage by Air Act, 1932, there shall not be taken into account any right to benefit resulting from that person’s death.
• (6) For the purposes of this section—
  • (a) [not applied]
  • (b) [not applied];
  • (c) an industrial disablement gratuity shall be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.

3 Definition of Personal Injury

In this Act the expression “personal injury” includes any disease and any impairment of a person’s physical or mental condition, and the expression “injured” shall be construed accordingly.

4 Application to Crown

This Act shall bind the Crown

5 [Not applied]

6 Short title and commencement

• (1) This Act may be cited as the Law Reform (Personal Injuries) Act, 1948.
• (2) [Not applied]

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Criminal Justice Act 1948 c.58

Extent of application adaptations:

References to “Great Britain” shall be construed as references to “the Colony”;

references to “Court of Assize” “Court of Quarter Sessions” and “Central Criminal Court” as references to the “Supreme Court”:

references to the “clerk of assize” as references to “the Registrar of the Supreme Court”, and

references to the Lunacy and Mental Treatment Act, as references to the Mental Treatment Ordinance.

References to “the Secretary of State” shall be construed as reference to “the Governor”.

In subsection (2) of Section 3 there shall be substituted for the words from “A probation order” to the words “and the offender shall” the words “A probationer shall”, and the words following the words “a probation officer” shall be omitted.

Criminal Justice Act 1948

1948 CHAPTER 58

An Act to abolish penal servitude, hard labour, prison divisions and sentence of whipping; to amend the law-relating to the probation of offenders, and otherwise to reform existing methods and provide new methods of dealing with offenders and persons liable to imprisonment; to amend the law relating to the proceedings of criminal courts, including the law relating to evidence before such courts; to abolish privilege of peerage in criminal proceedings; to regulate the management of prisons and other institutions and the treatment of offenders and other persons committed to custody; to re-enact certain enactments relating to the matters aforesaid; and for purposes connected therewith.

[30th July 1948]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Abolition of penal servitude, hard labour and prison divisions.

• (1) No person shall be sentenced by a court to penal servitude; and every enactment conferring power on a court to pass a sentence of penal servitude in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Act.
• (2) No person shall be sentenced by a court to imprisonment with hard labour; and every enactment conferring power on a court to pass a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before the commencement of this Act; and so far as any enactment requires or permits prisoners to be kept to hard labour it shall cease to have effect.
• (3) So far as any enactment provides that a person sentenced to imprisonment or committed to prison is or may be directed to be treated as an offender of a particular division, or to be placed in a separate division, it shall cease to have effect

3 Probation

• (1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, instead of sentencing him, make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than one year nor more than three years.
• (2) A probation order shall name the petty sessional division in which the offender resides or will reside; and the offender shall (subject to the provisions of the First Schedule to this Act relating to probationers who change their residence) be required to be under the supervision of a probation officer appointed for or assigned to that division.
• (3) Subject to the provisions of the next following section, a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or the commission of other offences:Provided that (without prejudice to the power of the court to make an order under subsection (2) of section eleven of this Act) the payment of sums by way of damages for injury or compensation for loss shall not be included among the requirements of a probation order.
• (1) Without prejudice to the generality of the last foregoing subsection, a probation order may include requirements relating to the residence of the offender:Provided that—
  • (a) before making an order containing any such requirements, the court shall consider the home surroundings of the offender; and
  • (b) where the order requires the offender to reside in an approved probation hostel, an approved probation home or any other institution, the name of the institution and the period for which he is so required to reside shall be specified in the order, and that period shall not extend beyond twelve months from the date of the order.
• (5) Before making a probation order, the court shall explain to the offender in ordinary language the effect of the order (including any additional requirements proposed to be inserted therein under subsection (3) or subsection (4) of this section or under the next following section) and that if he fails to comply therewith or commits another offence he will be liable to be sentenced for the original offence; and if the offender is not less than fourteen years of age, the court shall not make the probation order unless the offender expresses his willingness to comply with the requirements thereof.

4 Probation orders requiring treatment for mental condition

• (1) Where the court is satisfied, on the evidence of a duly qualified medical practitioner appearing to the court to be experienced in the diagnosis of mental disorders, that the mental condition of an offender is such as requires and as may be susceptible to treatment but is not such as to justify his being certified as a person of unsound mind under the [53 & 54 Vict. c. 5.] Lunacy Act, 1890, or as a defective under the [3 & 4 Geo. 5. c. 28.] Mental Deficiency Act, 1913, the court may, if it makes a probation order, include therein a requirement that the offender shall submit, for such period not extending beyond twelve months from the date of the order as may be specified therein, to treatment by or under the direction of a duly qualified medical practitioner with a view to the improvement of the offender’s mental condition.
• (2) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—
  • (a) treatment as a voluntary patient under section one of the [20 & 21 Geo. 5. c. 23.] Mental Treatment Act, 1930, in such institution within the meaning of that Act, or in such hospital, nursing home or place approved by the Minister of Health for the purposes of the said section one, or in the charge of such person so approved, as may be specified in the order;
  • (b) treatment as a resident patient in such institution or place approved for the purposes of this section by the said Minister as may be specified in the order;
  • (c) treatment as a non-resident patient at such institution or place as may be specified in the order; or
  • (d) treatment by or under the direction of such duly qualified medical practitioner as may be specified in the order;

  but except as aforesaid the nature of the treatment shall not be specified in the order.

• (3) A court shall not make a probation order containing such a requirement as aforesaid unless it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order, and, if the offender is to be treated as a voluntary patient or as a resident patient as aforesaid, for his reception.
• (4) While the probationer is under treatment as a voluntary patient or as a resident patient in pursuance of a requirement of the probation order, the probation officer responsible for his supervision shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

5 Discharge, amendment and review of probation orders.

• (1) The provisions of the First Schedule to this Act shall have effect in relation the discharge and amendment of probation orders.
• (2) Where a probation order, whether as originally made or as amended under the said Schedule, requires the probationer to reside in an approved probation hostel or home or other institution (otherwise than for the purpose of submitting to treatment for his mental condition as a voluntary or resident patient) for a period extending beyond six months from the date of the order as originally made or of the amending order, as the case may be, the probation officer shall, as soon as may be after the expiration of six months after that date, report to the supervising court on the case.
• (3) On receipt of any such report, the supervising court shall review the probation order for the purpose of considering whether to cancel the requirement as to residence or reduce the period thereof, and may, if it thinks fit, amend the order accordingly without the necessity for any application in that behalf.
• (4) Where, under the following provisions of this Part of this Act, a probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect.

6 Breach of requirement of probation order

• (1) If at any time during the probation period it appears on information to a justice of the peace on whom jurisdiction is hereinafter conferred that the probationer has failed to comply with any of the requirements of the order, the justice may issue a summons requiring the probationer to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue a warrant for his arrest.
• (2) The following justices shall have jurisdiction for the purposes of the foregoing subsection, that is to say:—
  • (a) if the probation order was made by a court of summary jurisdiction, any justice acting for the petty sessional division or place for which that court or the supervising court acts;
  • (b) in any other case, any justice acting for the petty sessional division or place for which the supervising court acts;

  and any summons or warrant issued under this section shall direct the probationer to appear or be brought before a court of summary jurisdiction for the petty sessional division or place for which the justice issuing the summons or warrant acts.

• (3) If it is proved to the satisfaction of the court before which a probationer appears or is brought under this section that the probationer has failed to comply with any of the requirements of the probation order, that court may without prejudice to the continuance of the probation order, impose on him a fine not exceeding ten pounds or, in a case to which section nineteen of this Act applies, make an order under that section requiring him to attend at an attendance centre, or may—
  • (a) if the probation order was made by a court of summary jurisdiction, deal with the probationer, for the offence in respect of which the probation order was made, in any manner in which the court could deal with him if it had just convicted him of that offence;
  • (b) if the probation order was made by a court of assize or quarter sessions, commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the court of assize or quarter sessions.
• (4) Where the court of summary jurisdiction deals with the case as provided in paragraph (b) of the last foregoing subsection then—
  • (a) the court shall send to the court of assize or quarter sessions a certificate signed by a justice of the peace, certifying that the probationer has failed to comply with such of the requirements of the probation order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the court of assize or quarter sessions; and
  • (b) where the probationer is brought or appears before the court of assize or quarter sessions, and it is proved to the satisfaction of that court that he has failed to comply with any of the requirements of the probation order, that court may deal with him, for the offence in respect of which the probation order was made, in any manner in which the court could deal with him if he had just been convicted before that court of that offence.

7 Absolute and conditional discharge

• (1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may make an order discharging him absolutely, or, if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding twelve months from the date of the order, as may be specified therein.
• (2) An order discharging a person subject to such a condition as aforesaid is in this Act referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”.
• (3) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.
• (4) Where, under the following provisions of this Part of this Act, a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

8 Commission of further offence

• (1) If it appears to a judge or justice of the peace on whom jurisdiction is hereinafter conferred that a person in whose case a probation order or an order for conditional discharge has been made has been convicted by a court in any part of Great Britain of an offence committed during the probation period or during the period of conditional discharge, and has been dealt with in respect of that offence, .the judge or justice may issue a summons requiring that person to appear at the place and time specified therein, or may issue a warrant for his arrest:Provided that a justice of the peace shall not issue such a summons except on information and shall not issue such a warrant except on information in writing and on oath.
• (2) The following persons shall have jurisdiction for the purposes of the foregoing subsection, that is to say:—
  • (a) if the probation order or the order for conditional discharge was made by the Central Criminal Court, a judge of that court;
  • (b) if the order was made by a court of assize (other than the Central Criminal Court), a judge of the High Court or a committing justice;
  • (c) if the order was made by a court of quarter sessions, a justice for the county or place for which that court was held, or a committing justice;
  • (d) if the order was made by a court of summary jurisdiction, a justice acting for the petty sessional division or place for which that court acts;
  • (e) in the case of a probation order, by whatever court it was made, a justice acting for the petty sessional division or place for which the supervising court acts,
• (3) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the court by which the probation order or the order for conditional discharge was made:Provided that—
  • (a) if that court is a court of summary jurisdiction and the summons or warrant is issued by a justice acting for the petty sessional division for which the supervising court acts, the summons or warrant may direct him to appear or to be brought before the supervising court; and
  • (b) if a warrant is issued requiring him to be brought before a court of assize or quarter sessions, and he cannot forthwith be brought before that court because that court is not being held, the warrant shall have effect as if it directed him to be brought before a court of summary jurisdiction for the place in Great Britain where he is arrested; and the court of summary jurisdiction shall commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the court of assize or quarter sessions.

11 Supplementary provisions as to probation and discharge

• (1) Without prejudice to the provisions of subsection (2) of section fifty-five of the [23 & 24 Geo. 5. c. 12.] Children and Young Persons Act, 1933 (which enables a court to order the parent or guardian of a child or young person charged with an offence to give security for his good behaviour), any court may, on making a probation order or an order for conditional discharge under this Part of this Act, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender; and section twenty-three of the Summary Jurisdiction Act, 1879, shall apply to any security so given before a court of summary jurisdiction as if it were given under that Act by a surety.
• (2) A court, on making a probation order or an order for conditional discharge or on discharging an offender absolutely under this Part of this Act, may, without prejudice to its power of awarding costs against him, order the offender to pay such damages for injury or compensation for loss as the court thinks reasonable; but, in the case of an order made by a court of summary jurisdiction, the damages and compensation together shall not exceed one hundred pounds or such greater sum as may be allowed by any enactment other than this section.
• (3) An order for the payment of damages or compensation as aforesaid may be enforced in like manner as an order for the payment of costs by the offender; and where the court, in addition to making such an order for the payment of damages or compensation to any person, orders the offender to pay to that person any costs, the orders for the payment of damages or compensation and for the payment of costs may be enforced as if they constituted a single order for the payment of costs.
• (4) In proceedings before a court of assize or quarter sessions under the foregoing provisions of this Act, any question whether a probationer has failed to comply with the requirements of the probation order or has been convicted of an offence committed during the probation period, and any question whether any person in whose case an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge, shall be determined by the court and not by the verdict of a jury.
• (5) Section four of the [44 & 45 Vict. c. 24.] Summary Jurisdiction (Process) Act, 1881, shall apply to any process issued by any judge or justice under the foregoing provisions of this Act, or under section six of the Probation of Offenders Act, 1907, as it applies to Scotland, as it applies to process issued under the Summary Jurisdiction Acts by a court of summary jurisdiction.

12 Effects of probation and discharge.

• (1) Subject as hereinafter provided, a conviction of an offence for which an order is made under this Part of this Act placing the offender on probation or discharging him absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the foregoing provisions of this Act:Provided that where an offender, being not less than seventeen years of age at the time of his conviction of an offence for which he is placed on probation or conditionally discharged as aforesaid, is subsequently sentenced under this Part of this Act for that offence, the provisions of this subsection shall cease to apply to the conviction.
• (2) Without prejudice to the foregoing provisions of this section, the conviction of an offender who is placed on probation or discharged absolutely or conditionally as aforesaid shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability.
• (3) The foregoing provisions of this section shall not affect—
  • (a) any right of any such offender as aforesaid to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence;
  • (b) the revesting or restoration of any property in consequence of the conviction of any such offender; or
  • (c) the operation, in relation to any such offender, of any enactment in force at the commencement of this Act which is expressed to extend to persons dealt with under subsection (1) of section one of the Probation of Offenders Act, 1907, as well as to convicted persons.

13 Power to fine on conviction of felony on indictment.

Any court before which an offender is convicted on indictment of felony (not being a felony the sentence for which is fixed by law) shall have power to fine the offender in lieu of or in addition to dealing with him in any other manner in which the court has power to deal with him

14 Powers of courts […]in relation to fines and forfeited recognizances.

• (1) Subject to the provisions of this section, where a fine is imposed by, or a recognizance is forfeited before, [the Supreme Court], an order may be made in accordance with the provisions of this section—
  • (a) allowing time for the payment of the amount of the fine or the amount due under the recognizance;
  • (b) directing payment of the said amount by instalments of such amounts and on such dates respectively as may be specified in the order;
  • (c) fixing a term of imprisonment which the person liable to make the payment is to undergo if any sum which he is liable to pay is not duly paid or recovered;
  • (d) in the case of a recognizance, discharging the recognizance or reducing the amount due thereunder:

  Provided that any term of imprisonment fixed under this subsection in default of payment of a fine shall not exceed twelve months.

• (2) Any order under this section may be made by the court by which the fine is imposed or before which the recognizance is forfeited; and (subject as hereinafter provided) an order under this section providing for any such matters as are mentioned in paragraph (a) or paragraph (b) of the foregoing subsection may be made—
  • (a) [not applied]
  • (b) where the fine was imposed or the recognizance forfeited by or before any other court of assize, by a judge of the High Court upon application made in writing to the clerk of assize;
  • (c) [not applied]

  and may amend any previous order made under this section so far as it provides for those matters:

  Provided that no application shall be made under paragraphs (a) to (c) of this subsection after the refusal of a previous application made thereunder.

• (3) Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment, the court may order that any term of imprisonment fixed under paragraph (c) of subsection (1) of this section shall not begin to run until after the end of the first-mentioned term of imprisonment.
• (4) The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other enactment relating to the discharge, cancellation or mitigation of recognizances or the reduction of the amount due thereunder.

15 Incidental provisions as to fines and forfeited recognizances

• (1)-(3) [Not applied]
• (4) Where any such order as aforesaid is made directing payment by instalments of a fine or the amount due under a recognizance, and default is made in the payment of any one instalment, the same proceedings may be taken as if default had been made in payment of all the instalments then remaining unpaid.
• (5) Where any such order as aforesaid is made fixing a term of imprisonment in default of payment of a fine or the amount due under a recognizance, then—
  • (a) on payment of the fine or the said amount to the officer responsible for the recovery thereof, or (if the person in respect of whom the order was made is in prison) to the governor of the prison, the order shall cease to have effect; and, if the said person is in prison and is not liable to be detained for any other cause, he shall forthwith be discharged;
  • (b) on payment to the said officer or to the governor of the prison of a part of the fine or of the amount due under the recognizance, the total number of days in the term of imprisonment shall be reduced proportionately, that is to say, by such number of days as bears to the said total number of days less one day the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the amount of the fine or the amount due under the recognizance.
• (6) Any sums received by the governor of a prison under the last foregoing subsection shall be paid by him to the officer responsible for the recovery of sums due in respect of the fine or the recognizance

16 Restriction on sentence of death

The following subsection shall be substituted for subsection (1) of section fifty-three of the Children and Young Persons Act, 1933:—

“(1) Sentence of death shall not be pronounced on or recorded against a person convicted of an offence if it appears to the court that at the time when the offence was committed he was under the age of eighteen years; but in lieu thereof the court shall sentence him to be detained during His Majesty’s pleasure; and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.”

17 Restriction on imprisonment

• (1) [not applied]
• (2) No court shall impose imprisonment on a person under twenty-one years of age unless the court is of opinion that no other method of dealing with him, is appropriate; and for the purpose of determining whether any other method of dealing with any such person is appropriate the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.
• (3) – (6) [not applied]

19 Attendance at an attendance centre

• (1) Where a court of summary jurisdiction has power, or would but for section seventeen of this Act have power, to impose imprisonment on a person who is not less than twelve but under twenty-one years of age, or to deal with any such person under section six of this Act for failure to comply with any of the requirements of a probation order, the court may, if it has been notified by the Secretary of State that an attendance centre is available for the reception from that court of persons of his class or description, order him to attend at such a centre, to be specified in the order, for such number of hours, not exceeding twelve in the aggregate, as may be so specified:Provided that no such order shall be made in the case of a person who has been previously sentenced to imprisonment, Borstal training or detention in a detention centre, or has been ordered to be sent to an approved school.
• (2) The times at which an offender is required to attend at an attendance centre by virtue of an order made under this section shall be such as to avoid interference, so far as practicable, with his school hours or working hours, and the first such time shall be specified in the order (being a time at which the centre is available for the attendance of the offender in accordance with the notification of the Secretary of State) and the subsequent times shall be fixed by the officer in charge of the centre, having regard to the offender’s circumstances:Provided that an offender shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.
• (3) The court by which an order has been made under subsection (1) of this section, or any justice acting for the petty sessional division or place for which that court acts, may, on the application of the offender or of the officer in charge of the attendance centre specified in the order—
  • (a) by order discharge the order; or
  • (b) by order vary the day or hour specified therein for the offender’s first attendance at the centre;

  and where the application is made by the said officer, the court or justice may deal with it without summoning the offender.

• (4) Where an order is made under subsection (1) or subsection (3) of this section, the clerk to the justices shall deliver or send a copy of the order to the officer in charge of the attendance centre specified therein, and shall also deliver a copy to the offender or send a copy by registered post addressed to the offender’s last or usual place of abode.
• (5) Where a person has been ordered to attend at an attendance centre in default of the payment of any sum of money then—[remainder of subsection not reproduced in source]

37 Bail on appeal, case stated or application for certiorari

• (1) Without prejudice to the powers vested before the commencement of this Act in any court to admit or direct the admission of a person to bail—
  • (a) [not applied]
  • (b) [not applied] re-hearing, as the case may be;
  • (c) the High Court may release from custody a person who, having been convicted or sentenced by a court of summary jurisdiction, has applied to the ‘court of summary jurisdiction for the statement of a case for the opinion of the High Court on a point of law, on his entering into a recognizance conditioned for his appearance, within ten days after the judgment of the High Court shall have been given, before a court of summary jurisdiction acting for the same petty sessional division or place as the court which convicted or sentenced that person, unless the determination in respect of which the case is stated is reversed by that judgment;
  • (d) [not applied]
• (2)-(5) [not applied]
• (6) The time during which a person is admitted to bail under paragraph (b), (c) or (d) of subsection (1) of this section shall not count as part of any term of imprisonment under his sentence; and any sentence of imprisonment imposed by a court of summary jurisdiction, or, on appeal, by a court of quarter sessions, after the imposition of which a person is so admitted to bail, shall be deemed to begin to run or to be resumed as from the day on which he is received in prison under the sentence; and for the purposes of this subsection the expression “prison” shall be deemed to include a detention centre and remand home and the expression “imprisonment” shall be construed accordingly.

39 Proof of previous conviction by fingerprints

• (1) A previous conviction may be proved against any person in any criminal proceedings by the production of such evidence of the conviction as is mentioned in this section, and by showing that his finger-prints and those of the person convicted are the finger-prints of the same person.
• (2) [not applied]
• (3) A certificate purporting to be signed by or on behalf of the governor of a prison or remand centre in which any person has been detained in connection with any criminal proceedings, certifying that the finger-prints exhibited thereto were taken from him while he was so detained, shall be evidence in those proceedings that the finger-prints exhibited to the certificate are the finger-prints of that person.
• (4) [not applied]
• (5) The method of proving a previous conviction authorised by this section shall be in addition to any other method of proving the conviction.

41 Evidence by certificate

• (1) In any criminal proceedings, a certificate purporting to be signed by a constable, or by a person having the prescribed qualifications, and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a scale so specified, shall be evidence of the relative position of the things shown on the plan or drawing.
• (2) [not applied]
• (3) In any proceedings for an offence consisting of the stealing of goods in the possession of the British Transport Commission or any Executive (other than the Hotels Executive) constituted under section five of the [10 & 11 Geo. 6. c. 49.] Transport Act, 1947, or of receiving goods so stolen knowing them to have been stolen, or for an offence under section twelve or eighteen or subsection (2) of section thirty-three of the [6 & 7 Geo. 5. c. 50.] Larceny Act, 1916, or sections fifty to fifty-six of the [8 Edw. 7. c. 48.] Post Office Act, 1908, a statutory declaration made by any person—
  • (a) that he dispatched or received or failed to receive any goods or postal packet or that any goods or postal packet when dispatched or received by him were in a particular state or condition; or
  • (b) that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract,

  shall be admissible as evidence of the facts stated in the declaration.

• (4) Nothing in this section shall be deemed to make a certificate or statutory declaration admissible as evidence in proceedings for an offence except in a case where and to the extent to which oral evidence to the like effect would have been admissible in those proceedings.
• (5) Nothing in this section shall be deemed to make a certificate or statutory declaration admissible as evidence in proceedings for any offence—
  • (a) unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence: or
  • (b) if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves notice in the prescribed form and manner on the prosecutor requiring the attendance at the trial of the person who signed the certificate or the person by whom the declaration was made, as the case may be.

43 Reports of probation officers

Where a report by a probation officer is made to any court (other than a juvenile court) with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, a copy of the report shall be given by the court to the offender or his counsel or solicitor:

Provided that if the offender is under seventeen years of age and is not represented by counsel or a solicitor, a copy of the report need not be given to him but shall be given to his parent or guardian if present in court.

44 Payment of costs of defence on acquittal, etc.

• (1) If in any such proceedings as are mentioned in section one of the Costs in Criminal Cases Act, 1908, the accused is acquitted or discharged under section twenty-five of the Indictable Offences Act, 1848, or the information is dismissed, the court may, if it thinks fit, direct the payment out of local funds in accordance with the provisions of that Act of such sums as appeal” to the court reasonably sufficient to compensate the accused for the expenses properly incurred by him in carrying on his defence.
• (2) [not applied]
• (3) Where an appeal to the House of Lords brought under subsection (6) of section one of the Criminal Appeal Act, 1907, is determined in favour of the defendant, the House of Lords may, if they think fit, direct the payment out of local funds in accordance with the provisions of the Costs in Criminal Cases Act, 1908, of such sums as appear to them reasonably sufficient to compensate the defendant for any expenses properly incurred by him in the appeal to the House of Lords or in the prosecution of his appeal to the Court of Criminal Appeal or in carrying on his defence.
• (4) In relation to a person tried before a court of assize or quarter sessions, references in this section to the carrying on of his defence shall be construed as references to the carrying on of his defence before that court, before the examining justices by whom he was committed for trial, and before any other court of assize or quarter sessions before which proceedings for the offence in respect of which he was committed were begun but not concluded.
• (5) The amount of any costs directed to be paid to any person under subsection (1) or subsection (2) of this section shall be ascertained as soon as practicable by the proper “officer of the court by which the direction is given; and where the direction is given by the Court of Criminal Appeal, the proper officer shall make out and deliver to the said person, or to any person who appears to the proper officer to be acting on behalf of that person, an order on the treasurer of the county or borough out of the funds of which the costs are payable under the Costs in Criminal Cases Act, 1908, for the payment of that amount.
• (6) – (7) [not applied]

69 Commutation of death sentence to sentence of imprisonment

Where His Majesty pardons any person who has been sentenced to death on condition that he serves a term of imprisonment, that person shall be deemed to have been sentenced by the court before which he was convicted to imprisonment for the said term.

79 Consequential and minor amendments

The enactments mentioned in the first column of the Ninth Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule (being amendments consequential upon the foregoing provisions of this Act or relating to matters of minor detail)

80 Interpretation

• (1) In this Act, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say:—”Approved probation hostel” and “Approved probation home” have the meaning assigned to them by section forty-six of this Act;”Approved school” means a school approved under section seventy-nine of the Children and Young Persons Act, 1933;”Court” does not include a court-martial;”Court of summary jurisdiction” includes examining justices within the meaning of the Criminal Justice Act, 1925;”Detention centre” has the meaning assigned to it by section forty-eight of this Act;”Enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;”England” includes Wales;”Impose imprisonment” means pass a sentence of imprisonment or commit to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone;”Local authority” means, in relation to any probation area, any authority out of whose funds the salary of the clerk to the justices for a petty sessional division or place contained in the probation area is paid;”Mental hospital” includes a Broadmoor institution;”Metropolitan police court area” means the area consisting of the police court divisions for the time being constituted under the Metropolitan Police Courts Acts, 1839 and 1840;”Offence the sentence for which is fixed by law” means an offence for which the court is required to sentence the offender to death or imprisonment for life or to detention during His Majesty’s pleasure;”Order for conditional discharge” has the meaning assigned to it by section seven of this Act;”Period of conditional discharge” has the meaning assigned to it by section seven of this Act;”Probationer” means a person for the time being under supervision by virtue of a probation order;

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Please note that not all of the adaptions required to be made to this legislation by the schedule to the Application of Enactments Ordinance 1954 etc. have been applied in this reproduction given that they largely relate to the names or positions of officers associated with courts.
3. The relevant schedules have not been reproduced.
4. Whilst this Act is very likely to be considered current law in South Georgia and the South Sandwich Islands it is unlikely to have any significant effect given the powers given to the Falkland Islands Courts in the Falkland Islands Courts (Overseas Jurisdiction) Order 1989 (as amended)

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Marriage Act 1949 c.76

Marriage Act 1949

CHAPTER 76

An Act to consolidate certain enactments relating to the solemnization and registration of marriages in England with such corrections and improvements as may be authorised under the Consolidation of Enactments (Procedure) Act, 1949.

[24th November 1949.]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :—

1 Marriages within prohibited degrees

• (1) A marriage solemnized between a man and any of the persons mentioned in the first column of Part I of the First Schedule to this Act, or between a woman and any of the persons mentioned in the second column of the said Part I, shall be void.
• (2) A marriage solemnized between a man and any of the persons mentioned in the first column of Part II of the said First Schedule, or between a woman and any of the persons mentioned in the second column of the said Part II, shall not be void or voidable by reason only of affinity.
• (3) A marriage which by virtue of the last foregoing subsection is not void or voidable if solemnized after the decease of any person shall be void if solemnized during the lifetime of that person.

2 Marriage of persons under sixteen

A marriage solemnized between persons either of whom is under the age of sixteen shall be void.

First Schedule

KINDRED AND AFFINITY

PART 1

Prohibited degrees of relationship

PART II

Statutory exceptions from prohibited degrees of relationship

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. South Georgia and the South Sandwich Islands now has its own marriage laws – some of which provisions supersede what is stated here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Married Women (Maintenance) Act 1949 c.99

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Given South Georgia and the South Sandwich Islands current situation and the lack of relevance this now repealed Act has to that current situation this legislation is not reproduced here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Law Reform (Miscellaneous Provisions) Act 1949 c.100

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This was an Act “to amend the law relating to divorce and other matrimonial proceedings, the admissibility of evidence as to access, the charge and payment of percentage under the Lunacy Act 1890, and to wards of court; and for connected purposes.“
3. Given South Georgia and the South Sandwich Islands current situation and the lack of relevance this now repealed Act has to that current situation this legislation is not reproduced here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK NO.4 of 1962) and
Application of Colony Laws Ordinance 1964 (DS NO.1 OF 1964)
Adoption of Children Act 1950 c.26

NOTE: GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 AND APPLICATION OF COLONY LAWS ORDINANCE 1964 THIS ENACTMENT HAS NO CURRENT EFFECT IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS.

Extent of application adaptations:

References to “England” or “the United Kingdom” shall be construed as references to “the Colony”:

references to “the Lord Chancellor” as reference to “the Governor in Council”; and the

references to the Births and Deaths Registration Acts as a reference to the Registration Ordinance.

In Section 2(6) (b) the words “the Chief Constable” shall be substituted for the words from “the welfare authority” to “resident”.

In Section 8(i) the words “the County Court” shall be omitted.

For Section 40(6) there shall be substituted the following subsection

“(6) For the purposes of this section the licensing authority shall be the Magistrate”.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. THIS STATUTE HAS NO CURRENT APPLICATION IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 (FLK NO.2 OF 1962) AND APPLICATION OF COLONY LAWS ORDINANCE 1964 (DS NO.1 OF 1964).

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments Ordinance 1962 (FLK NO.4 of 1962) and
Application of Colony Laws Ordinance 1964 (DS NO.1 OF 1964)
Criminal Law (Amendment) Act 1951 c.36

NOTE: GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 AND APPLICATION OF COLONY LAWS ORDINANCE 1964 THIS ENACTMENT HAS NO CURRENT EFFECT IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS.

NOTE: THIS STATUTE HAS NO CURRENT APPLICATION IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 (FLK NO.4 of 1962) and APPLICATION OF COLONY LAWS ORDINANCE 1964 (DS NO.1 OF 1964)

Criminal Law (Amendment) Act 1951

Chapter 36

An Act to repeal the words in paragraphs (1) and (4) of section two and paragraph (2) of section three of the Criminal Law Amendment Act, 1885, which restrict the operation of those paragraphs in the case of a woman or girl who is a common prostitute or of known immoral character or whose usual place of abode is a brothel. [22nd June 1951.]

BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Repeal in 48 & 49 Vict c.69

In sections two and three of the Criminal Law Amendment Act, 1885, the following words are hereby repealed, that is to say-

• (a) in paragraph (1) of the said section two (which deals with a person who procures a girl or woman under twenty-one, not being a common prostitute or of known immoral character, to have sexual intercourse with a third person, or who attempts to do so) the words “not being a common prostitute or of known immoral character”‘;
• (b) in paragraph (4) of the said section two (which deals with a person who procures a woman or girl to leave her usual place of abode in the United Kingdom (such place not being a brothel) for a brothel, or who attempts to do so) the words “(such place not being a brothel)”
• (c) in paragraph (2) of the said section three (which deals with a person who procures a woman or girl, not being a common prostitute or of known immoral character, to have sexual intercourse with anyone by false pretences or false representations) the words not being a common prostitute or of known immoral character”‘.

2 Short title, extent and commencement

• (1) This Act may be cited as the Criminal Law Amendment Act, 1951.
• (2) [not applied]
• (3) [not applied]

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. THIS STATUTE HAS NO CURRENT APPLICATION IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS GIVEN THE EFFECT OF APPLICATION OF ENACTMENTS ORDINANCE 1962 (FLK NO.2 OF 1962) AND APPLICATION OF COLONY LAWS ORDINANCE 1964 (DS NO.1 OF 1964).

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Guardianship and Maintenance of Infants Act 1951 c.56

2 Increase of maintenance for infants under Summary Jurisdiction (Separation and Maintenance) Acts, 1895 to 1949, and continuance such maintenance after sixteen.

• (1) Paragraph (b) of the proviso to section seven of the Summary Jurisdiction (Married Women) Act, 1895, (which, as amended by section two of the Summary Jurisdiction (Separation and Maintenance) Act, 1925, empowers the court to order the payment of sums for the maintenance of children not exceeding ten shillings a week for each child) shall have effect with the substitution for the reference to ten shillings of a reference to thirty shillings.
• (2) Section two of the Married Women (Maintenance) Act, 1949 (which empowers the court to vary an order made by virtue of section one of the Married Women (Maintenance) Act, 1920, so as to enable payments for the maintenance of a child to be continued after the age of sixteen but not after the age of twenty-one if the child is engaged in a course of education or training) shall have effect as if the reference to such an order as aforesaid included a reference to an order made by virtue of paragraph (5) the proviso to the said section seven.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. This provision is unlikely to have any practical effect in South Georgia and the South Sandwich Islands given its current situation.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) Ordinance 1960 (FLK No.10 of 1960)
Application of Colony Laws Ordinance 1961 (DS No.2 of 1961)
Magistrates Court Act 1952 c.55

Extent of application adaptations:

The words “for any county or borough”, in the expression “justice of the peace for any county or borough” or “Magistrates’ court for a county or borough”, and similar expressions shall be omitted wherever they occur.

References to “England”, or “England or Wales”, or “the United Kingdom”, shall be construed as references to “the Colony”;

references to “Quarter Sessions” as references to “the Supreme Court”,

references to “the clerk of the peace” as references to “the Registrar of the Supreme Court”, and

references to “the Secretary of State” as references to the Governor”.

In subsection (1) of Section 1 after the words “committed an offence there shall be added the words “within the Colony and the words in any of the events mentioned in subsection (2) of this section” shall be omitted.

In subsection (4) of Section 1 for the words “by virtue of paragraph (c) of subsection (2) of this section” there shall be substituted the words “if the person charged is found within the Colony”.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. Given the length of this Act, its current status and its lack of any application to South Georgia and the South Sandwich Islands it has not been reproduced here.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) Ordinance 1955 (FLK No.2 of 1955)
Application of Colony Laws Ordinance 1957 (DS No.2 of 1957)
Merchandising Marks Act 1953 c.48

Merchandising Marks Act 1953

Chapter 48

An Act to amend the provisions of the Merchandise Marks Acts, 1887 to 1938, relating to false trade descriptions, and to imported goods bearing the trade mark of a manufacturer, dealer or trader in the United Kingdom, and to amend the Merchandise Marks Act, 1887, in relation to offences.

[31 July 1953]

BE it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :—

1 Extension of definitions of “trade description” and “false trade description”

• (1) In section three of the Merchandise Marks Act, 1887 Extension of (which, among other things, defines trade description ” as any description, statement, or other indication, direct or indirect, as to any of the matters mentioned in paragraphs (a) to (e) of the definition), that definition shall be amended by inserting after paragraph (a)-
  • “(aa) as to the standard of quality of any goods, according to a classification commonly used or recognised in the trade,
  • Or
  • (ab) as to the fitness for purpose, strength, performance or behaviour of any goods, or”
• (2) In the said section three (which also defines “‘false trade description’ to mean a trade description which is false in a material respect as regards the goods to which it is applied, and to include every alteration of a trade description making the description false in a material respect) that definition shall be amended by inserting after the word “false” in the second and third places where it occurs the words ” or misleading “‘.
• (3) Without prejudice to the generality of those definitions as so amended, a trade description (to whichever of the matters mentioned in the definition of trade description as so amended it relates) shall be deemed for the purposes of the said Act to be a false trade description if it is calculated to be misunderstood as, or mistaken for, an indication as to the same or some other such matter which would be false or misleading in a material respect as regards the goods to which the description is applied, and anything calculated to be misunderstood as, or mistaken for, an indication of any of those matters shall be deemed for those purposes to be a trade description.
• (4) Notwithstanding anything in the said definition of ” false trade description”, no trade mark within the meaning of the Trade Marks Act, 1938, or part of such a trade mark, shall by virtue of the foregoing subsections be treated as a false trade description in relation to any goods to which the trade mark is applied, if the following conditions are satisfied, that is to say:—
  • (a) on the day this Act is passed the trade mark either is registered under the Trade Marks Act, 1938, or is in use to indicate a connection in the course of trade between those goods and the proprietor of the trade mark; and
  • (b) the trade mark as applied is used to indicate a connection in the course of trade between the goods and the person who is the proprietor of the trade mark or between the goods and a person who is registered under section twenty-eight of the Trade Marks Act, 1938, as a registered user of the trade mark.
• (5) This section extends to the Colony only.

4 Clarification of s2(2) of Merchandise Act 1887

Section two of the Merchandise Marks Act, 1887, shall be amended by the deletion of subsection (2) thereof and the insertion of the following subsection :—

“(2) Every person who sells, or exposes for, or has in his possession for, sale, or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves either—

• (a) that, having taken all reasonable precautions against committing an offence against this Act, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark or trade description, and that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
• (b) that otherwise he had acted innocently;

be guilty of an offence against this Act “‘.

5 Increase of penalties

The maximum fine to which a person is liable under paragraph (ii) of subsection (3) of section two of the Merchandise Marks Act, 1887 (which relates to summary convictions for offences under that Act), shall be one hundred pounds or, in the case of a second or subsequent conviction, two hundred and fifty pounds (instead of twenty pounds or fifty pounds).

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) Ordinance 1962 (FLK No.2 of 1962)
Application of Colony Laws Ordinance 1962 (DS No.2 of 1962)
Application of Enactments (Amendment) (No2) Ordinance 1962 (FLK No.13 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)
Application of Colony Laws (Repeal) Ordinance 1966 (DS No.3 of 1966)
[Application of Enactments (Repeal) Ordinance 1966 (FLK No.14 of 1966)]
Administration of Justice Act 1956 c.46

NOTE: THIS STATUTE HAS NO CURRENT APPLICATION IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS GIVEN THE EFFECT OF APPLICATION OF COLONY LAWS (REPEAL) ORDINANCE 1966 (DS NO.3 OF 1966)

Extent of application adaptations:

[References to the “Secretary of State” shall be construed as references to the “Governor”.

Note – these words were deleted by Application of Enactments (Amendment)(No.2) Ordinance 1962 and Application of Colony Laws Ordinance 1964 with effect from 4 December 1962]

[“In subsection (1) of section 1 the words ‘and any other jurisdiction connected with ships or aircraft vested in the High Court apart from this section which is for the time being assigned by rules of court of the Probate, Divorce and Admiralty Division’ shall be omitted.”;

Note – these words were inserted by Application of Enactments (Amendment)(No.2) Ordinance 1962 and Application of Colony Laws Ordinance 1964 with effect from 4 December 1962]

In subsections (1). (3), (5), (6) and (7) of section 3 the words “the Liverpool Court of Passage and any county court” shall be omitted. In subsection (4) of section 3 the words “and (where there is such jurisdiction) the Admiralty jurisdiction of the Liverpool Court of Passage or any county court may”

shall be omitted. In subsection (8) of section 3 for the words “England and Wales” there shall be substituted the words “the Colony”.

In section 4 for the words “No court in England and Wales shall” wherever those words occur, there shall be substituted the words “The Supreme Court shall not” and references to “England and Wales” shall be construed as references to “the Colony”.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.
2. THIS STATUTE HAS NO CURRENT APPLICATION IN SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS GIVEN THE EFFECT OF COLONY LAWS (REPEAL) ORDINANCE 1966 (DS NO.3 OF 1966)
3. See also FLK statute Application of Enactments (Repeal) Ordinance 1966 (FLK No.14 of 1966) which made the same repeal for the Falkland Islands.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) (No.3) Ordinance 1962 (FLK No.14 of 1962)
Application of Colony Laws Ordinance 1964 (DS No.1 of 1964)
Adoption Act 1960 c.59

Adoption Act 1960

Chapter 59

An Act to amend the law with respect to the revocation of adoption orders in cases of legitimation, and to make further provision in connection with the revocation of such orders under section twenty-six of the Adoption Act 1958.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Further provision for the revocation of adoption orders in cases of legitimation

• (1) Where any person legitimated by virtue of section one of the Legitimacy Act, 1959, had been adopted by his father and mother before the commencement of that Act, the court by which the adoption order was made may, on the application of any of the parties concerned, revoke that order.
• (2) The revocation of an adoption order under this section or under section twenty-six of the Adoption Act 1958 shall not affect the operation of sections sixteen and seventeen of that Act in relation to an intestacy which occurred, or a disposition which was made, before the revocation.
• (3) This section shall be construed as one with section twenty-six of the Adoption Act, 1958; and any reference in that Act to that section or to subsection (1) of that section shall be construed as including a reference to subsection (1) of this section.

2 Short title and extent

• (1) This Act may be cited as the Adoption Act, 1960.
• (2) This Act does not extend to Northern Ireland.

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs

Application of Enactments Ordinance 1954 (FLK No.13 of 1954)
Application of Colony Laws Ordinance 1955 (DS No.1 of 1955)
Application of Enactments (Amendment) (No.3) Ordinance 1962 (FLK No. 14 of 1962)
Application of Colony Laws Ordinance 1964 (DS No. 1 of 1964)
Suicide Act 1961 c.60

Suicide Act 1961

CHAPTER 60

An Act to amend the law of England and Wales relating to suicide, and for purposes connected therewith.

1 Suicide to cease to be a crime

The rule of law whereby it is a crime for a person to commit suicide is hereby abrogated

2 Criminal liability for complicity in another’s suicide

• (1) A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years.
• (2) If on the trial of an indictment for murder or manslaughter it is proved that the accused aided, abetted, counselled or procured the suicide of the person in question, the jury may find him guilty of that offence.
• (3) The enactments mentioned in the first column of the First Schedule to this Act shall have effect subject to the amendments provided for in the second column (which preserve in relation to offences under this section the previous operation of those enactments in relation to murder or manslaughter).
• (4) [Subject to section 40 of the Children and Young Persons Act, 1933, as applied by subsection (3) of this section, no proceedings shall be instituted for an offence under this section except by or with the consent of the Colonial Secretary.]

3 Short title, repeal and extent

• (1) This Act may be cited as the Suicide Act, 1961.
• (2) The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of the Schedule.
• (3) [not applied]

SCHEDULES

FIRST SCHEDULE

Adaption of enactments relating to murder or manslaughter

Part I

Amendments limited to England and Wales

Part II

Amendments not limited to England and Wales

SECOND SCHEDULE

REPEALS

Notes:

1. Please see www.legislation.gov.uk website for the original Act and subsequent amendments and then consider it in the light of extent of application noted above and the Principal Adaptive Provisions.

Disclaimers:

1. Nothing on this website should be taken as being a representation of what the Commissioner or Government of South Georgia and the South Sandwich Islands considers to be the laws of South Georgia and the South Sandwich Islands.
2. The Government cannot guarantee that links to any other website, including www.legislation.gov.uk will remain current, active or accurate.
3. The only official publication of the laws of South Georgia and the South Sandwich Islands is made in the Gazette.

If you consider anything stated on the website is in error please advise the Government by email: admin@gov.gs