LAWS OF TRINIDAD AND TOBAGO

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

INTERPRETATION ACT
CHAPTER 3:01

Act
2 of 1962
Amended by
8/1962 *20 of 1981
97/1963 *24 of 1981
22 of 1967 37 of 1985
38 of 1969 21 of 1990 (By 11th Schedule)
14 of 1972 (w.e.f. 3/4/91) (39/1991)
21 of 1974
38 of 1991 (By 3rd Schedule)
38 of 1976
51 of 1976 8 of 1992 (By Schedule)

22 of 1977 11 of 1998 (w.e.f. 5/6/98)

44 of 1979 23 of 1998 (w.e.f. 8/9/98)

45 of 1979 56 of 2000 (By Implication)

47 of 1980 *21 of 2003 (By Implication)

*See Note on Amendments at page 3.

Current Authorised Pages

Pages Authorised
(inclusive) by L.R.O.
1–2 ..
3–10 ..
11–14 ..
15–18 ..
19–28 ..
29–34 ..
35–42 ..
43–49 ..

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

2 Chap. 3:01 Interpretation

Note on Subsidiary Legislation

A. Changes of Official Titles and Names Notifications made under section 40—
(a) From Commissioner of Inland Revenue to Commissioner of Inland Revenue and
Chairman of the Board. (See LN 94/1979).
(b) From Supervisor of Lifeguards to Lifeguard Supervisor (all grades)
(See LN 97/1980).
(c) From Works Comptroller to Comptroller Administrative Services
(See LN 28/1981).
(d) From Director to Executive Director, Public Utilities Commission
(See LN 90/1994).

B. Exercise of Functions Notification made under section 41—

From Director of Medical Services to the Principal Medical Officer
(Institutions), Ministry of Health (See LN 113/1993).

C. Transfer of Functions Orders made under section 54—

(a) From Sub-Intendant of State Lands to Director of Surveys (See LN 89/1980).
(b) From Chief Personnel Officer to Permanent Secretaries, Heads of Departments,
Chief Administrator (See LN 248/1998).
(c) From Registrar of Ships to Habour Master and Superintendent of Lighthouses
(See LNs 224/1987 & 49/1988).
(d) From Director of Marine Services to Habour Master and Superintendent of
Lighthouses (See LNs 112 & 122/1988).
(e) From Director of Surveys to Commissioner of State Lands (See LNs 99 & 122/2004).

Note on Delegation of Functions Orders made under section 52

Delegation of Functions Orders made under section 52 are listed under the relevant statutes:
See LNs 167/1981; 72/1983; 152/1985; 43, 63, 151 and 229/1987; 52 and 80/1988; 143/1989;
208 and 227/1990; 174/1991; 176/1992; 156/1993; 45, 150 and 183/1994; 47,192 and
193/1995; 15, 113, 130, 137, 138, 158, 203-205 and 207/1996; (LN 42/1997 revoked by
LN 255/2007), 70 and 158/1997; 27, 192 and 215/1998; 180, 181/1999; 142, 143, 144,
and 280/2000; 33, 190 and 252/2001; 166/2002; 15/2003; 74 and 76/2004; and 255/2007.

Note on Transfer of Provisions

1. Sections 12, 13, 13A and 14 of the Interpretation Act 1962 (Act No. 2 of 1962) have
been transferred to the Statutes Act (Ch. 3:02).
2. Sections 41A and 41B of the Interpretation Act 1962 (Act No. 2 of 1962) have been
transferred to the Criminal Procedure Act (Ch. 12:02).
3. Section 44A of the Interpretation Act 1962 (Act No. 2 of 1962) has been transferred
to the Summary Courts Act (Ch. 4:20).

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 3

Note on Amendments
A. Section 38
This section is repealed by Act No. 20 of 1981 (Land Law and
Conveyancing Act 1981) but Act No. 20 of 1981 had not up to the date
of the last revision of this Act (i.e. Ch. 3:01) been brought into operation.

B. Section 68(2)
See section 12 of the Kidnapping Act, (Act No. 21 of 2003 now
Ch. 11:26) with respect to the application of penalties prescribed in
sections 3, 4, 5 and 6 of the Kidnapping Act.
C. Section 79
This section is amended by Act No. 24 of 1981 (Land Registration Act
1981) by the insertion, in its appropriate order, of the following
definition, namely:
“ ‘Land Register’ means the person appointed as such under the Land
Registration Act 1981.”
but Act No. 24 of 1981 had not up to the date of the last revision of this
Act (i.e. Ch. 3:01) been brought into operation.
The Land Registration Act 1981 (Act No. 24 of 1981) was, however, repealed
by the Registration of Titles to Land Act 2000 (Act No. 16 of 2000) but
Act No. 16 of 2000 was likewise not brought into operation on the date of the
last revision of this Act.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

4 Chap. 3:01 Interpretation

CHAPTER 3:01

INTERPRETATION ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.

GENERAL
2. Application of Act.
3. Rules of construction not excluded.
4. Public Acts.
5. Private Acts.
6. The State’s rights.
7. Act binds State.

CITATION
8. Citation of Acts.
9. Citation of revised Laws.

RULES OF CONSTRUCTION
10. Written Laws always speaking.
11. Preambles, marginal notes and headings.
12. Interpretation provisions in written Laws.
13. Parts of speech.
14. Expressions in instrument.
15. Construction of description of citation.
16. “Person” includes female and corporation.
“Singular” includes plural, etc.
17. References in written laws.
18. Names commonly used.
19. Thing done under instrument deemed done under Act.

APPLIED ACTS
20. Construction of Imperial Act.
21. Applied laws with ambulatory effect.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 5

TIME AND DISTANCE

22. Standard time.
23. Where no time prescribed.
24. Extension of time.
25. Computation of time.
26. Distance.

REPEAL AND AMENDMENT

27. Effect of repeal.
28. Cessation of effect of statutory provision.
29. Effect of substituting provisions.
30. Amending provisions.
31. Repeal or amendment not declaratory as to previous law.

ADMINISTRATION
32. Signification of President.
33. Money payable to public officer.

STATUTORY BOARDS
34. Appointment of statutory boards.
35. Who shall preside at meetings.
36. Defect not to invalidate acts done in good faith.

INCORPORATION
37. Words of incorporation.
38. Executing documents by attorneys of Corporation.

APPOINTMENTS TO OFFICES AND

RELATED PROVISIONS
39. Holders of offices.
40. Change of official titles and names.
41. Where new office not warranted.
42. Retrospective appointments.

STATUTORY POWERS AND DUTIES

43. Exercise of powers before commencement of written law.
44. Power exercisable from time to time.
45. Implied powers.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

6 Chap. 3:01 Interpretation

ARRANGEMENT OF SECTIONS—Continued
SECTION
46. Discretion as to extent of exercise of power.
47. Special powers not to derogate from general.
48. Instrument deemed made under all enabling powers.
49. Instrument in excess of power not wholly void.
50. Power of majority.
51. Presumption of lawful exercise of power.

DELEGATION AND TRANSFER OF FUNCTIONS

52. Delegation of functions.
53. Effect of delegation of function.
54. Transfer of functions and reorganisation of public service.

PROCEDURAL MATTERS
55. Procedure of Courts and Tribunals.
56. Ex officio proceedings not to abate on death, etc.
57. Proof of instruments.
58. Appellate Courts— powers of.
59. Service of documents.
60. Deviation in prescribed forms.
61. Oaths, affirmations and declarations.

OFFENCES
62. Offences under two or more laws.
63. Offences under statutory instruments.
64. Act to be deemed an offence if penalty attached.
65. Attempts.
66. Reference to an offence to include attempts, etc.
67. Summary convictions.

PENALTIES
68. Maximum penalty.
69. Imprisonment with or without hard labour.
69A. Court to declare term of life imprisonment.
70. Liability for offence by corporate body.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 7

SECTION
71. Pecuniary penalties.
72. General power to bind over.

FORFEITURE
73. Procedure and time of forfeiture.
74. Disposal of forfeits.

PARTICULAR WORDS AND PHRASES

LEGISLATIVE MATTERS

75. Definitions for legislative purposes.

76. Instruments of nature of Money Bill.
Powers of Senate.
77. Powers of Senate in financial matters.

JUDICIAL MATTERS
78. Definitions for judicial purposes.

ADMINISTRATIVE MATTERS
79. Definitions for official purposes.
80. Reference to President, Minister, etc.
81. Reference to diplomatic or consular officer.
82. Definitions for local government purposes.

MISCELLANEOUS MATTERS
83. Miscellaneous definitions.
84. References relating to land.
85. Meaning assigned by Constitution.

TRANSITIONAL
86. Construction of old laws.

SCHEDULE.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

8 Chap. 3:01 Interpretation

CHAPTER 3:01

INTERPRETATION ACT

2 of 1962. An Act to make provision with respect to the Operation,

Interpretation and Citation of Acts of Parliament and
statutory instruments and to make other general
provisions in respect thereof.

Commencement. [19TH JULY 1962]

Short title. 1. This Act may be cited as the Interpretation Act.

GENERAL

Application
of Act.
2. (1) Every provision of this Act extends and applies to
every written law passed or made before or after the
commencement of this Act, unless a contrary intention appears in
this Act or the written law.
(2) The provisions of this Act apply to this Act as they
apply to a written law passed after the commencement of this Act.

Rules of 3. Nothing in this Act shall be construed as excluding the

construction not
excluded. application to a written law of a rule of construction applicable
thereto and not inconsistent with this Act.
Public Acts. 4. Every Act is a public Act and shall be judicially noticed
as such, unless the contrary is expressly provided by that Act.
Private Acts. 5. A provision in an Act of the nature of a private Act does
not affect the rights of a person otherwise than as mentioned
therein or referred to.
The State’s
rights.
6. (1) No written law binds or affects in any manner the
[45 of 1979]. State or the State’s rights or prerogatives unless it is expressly
stated in the written law or it appears by necessary implication
that the State is bound by the written law.
(2) Notwithstanding that the rights of the State are not
affected by a written law the State may take advantage of its provisions.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 9

7. This Act binds the State to the full extent authorised or Act binds State.
permitted by the Constitution.

CITATION
8. (1) An Act passed after 10th May 1962 may be cited by Citation of
Acts.
reference to the calendar year in which it was passed and its
Chapter or number in that year, or by its short title, if any, with or
without reference to the Chapter or number of the Act or
reference to the regnal year or year in which it was passed.
(2) A citation to an Act shall be deemed to be a citation
to the Act as amended.

9. An Act contained in any revised edition of the Laws of Citation of

revised Laws.
Trinidad and Tobago issued under any Act providing for the revised
edition of such laws may be cited by its short title or its Chapter and
number in the revised edition printed by authority of law.

RULES OF CONSTRUCTION
10. (1) Every written law shall be construed as always speaking Written Laws
always
and if anything is expressed in the present tense it shall be applied to speaking.
the circumstances as they occur so that effect may be given to each
written law according to its true spirit, intent and meaning.
(2) The expression “now”, “next”, “heretofore” or
“hereafter” shall be construed as referring to the time when the
written law containing the expression came into force.

11. (1) The preamble to a written law shall be construed as Preambles,

marginal notes
a part thereof intended to assist in explaining the purport and and headings.
object of the written law.
(2) Marginal notes and headings in a written law and
references to other written laws in the margin of or at the end of
a written law form no part of the written law but shall be deemed
to have been inserted for convenience of reference only.

12. (1) Definitions or rules of interpretation contained in a Interpretation

provisions in
written law apply to the construction of the provisions of the written Laws.
written law that contain these definitions or rules of interpretation,
as well as to the other provisions of the written law.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

10 Chap. 3:01 Interpretation

(2) An interpretation section or provision contained in a

written law shall be read and construed as being applicable only
if a contrary intention does not appear in the written law.

Parts of speech. 13. Where a word is defined in a written law, other parts of
speech and grammatical variations of that word have
corresponding meanings in that written law.

Expressions in 14. (1) Where a written law confers power to make any
instrument.
[45 of 1979]. statutory instrument or issue any statutory document, expressions
used in the instrument or document, unless a contrary intention
appears, have the same respective meanings as in the written law.
(2) Any reference in subsidiary legislation to “the Act”
shall be construed as a reference to the Act under which such
subsidiary legislation is made.

Construction of 15. (1) In a written law every description of or citation from

description
of citation. any other written law or from any document made thereunder
[45 of 1979].
shall be construed as including the word, subsection, section or
other portion mentioned or referred as forming the beginning or
as forming the end of the portion comprised in the description or
citation or as being the point from which or to which such
portion extends.
(2) In an amending written law the expression “words”
includes figures, punctuation marks and typographical, monetary
and mathematical symbols; and the expression “figures” includes
punctuation, typographical, monetary and mathematical symbols,
and words used as accessory to figures.

“Person” 16. (1) Words in a written law importing, whether in relation

includes female
and corporation. to an offence or not, persons or male persons include male and
female persons, corporations, whether aggregate or sole, and
unincorporated bodies of persons.
“Singular” (2) In a written law—
includes
plural, etc. (a) words in the singular include the plural; and
(b) words in the plural include the singular.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 11

(3) Without prejudice to subsections (1) and (2), a reference

in a written law to a party aggrieved includes a reference to a body
corporate in every case where that body is a party aggrieved.

17. (1) A reference in a written law to any other written law References in
written laws.
shall be construed as a reference to that other written law as for [38 of 1976
45 of 1979].
the time being amended by or under any other written law,
including the written law in which the reference is made.
(2) A reference in a written law to any applied law shall
be construed as a reference to that applied law as it applies or, as
the case may be, applied from time to time to Trinidad and Tobago.
(3) A reference in a written law by number or letter to a
Part, section, subsection, paragraph, subparagraph or other
division of another written law shall be construed as a reference to
such Part, section, subsection, paragraph, subparagraph or other
division of such other written law as printed by authority of law.
(4) A reference in a written law by number or letter to
two or more Parts, divisions, sections, subsections, paragraphs,
subparagraphs, Schedules, instruments or forms shall be read as
including the number or letter first mentioned and the number or
letter last mentioned.
(5) Where in a written law reference is made to a Part,
division, section, Schedule or form without anything in the context
to indicate that a reference to a Part, division, section, Schedule or
form of some other written law is intended, the reference shall be
construed as a reference to the Part, division, section, Schedule or
form of the written law in which the reference is made.
(6) Where in a section of a written law reference is made
to a subsection, paragraph, subparagraph or other division without
anything in the context to indicate that a reference to a subsection,
paragraph, subparagraph or other division of some other section or
provision is intended, the reference shall be construed as a
reference to the subsection, paragraph, subparagraph or other
division of the section in which the reference is made.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

12 Chap. 3:01 Interpretation

(7) Where in a Schedule or Part of a Schedule to a

written law reference is made to a paragraph, subparagraph or
other division without anything in the context to indicate that a
reference to a paragraph, subparagraph or other division of some
other provision is intended, the reference shall be construed as a
reference to the paragraph, subparagraph or other division of the
Schedule or Part of the Schedule in which the reference is made.
(8) Where in a written law reference is made to a
statutory instrument or statutory document, without anything in
the context to indicate that a reference to a statutory instrument
or statutory document made under some other written law is
intended, the reference shall be construed as a reference to the
statutory instrument or statutory document, as the case may be,
made under the written law in which the reference is made.
(9) (a) A reference in any written law to an Act includes
a reference to any statutory instrument made under the Act where
the reference is to the providing of anything by the Act or to the
doing of anything (whether to a thing done, capable of being
done, required to be done, or otherwise) under, in accordance
with, for the purposes of, or otherwise in relation to, the Act.
(b) Paragraph (a) does not apply where the
reference is to the doing of anything, “directly” (or in some other
similar manner) in relation to the Act.
(c) The provisions of this subsection shall apply
mutatis mutandis to a reference in any written law to a statutory
instrument as it applies to a reference in any written law to an Act.
(10) The expression “herein” when used in a section or
other division of a written law passed or made after the
commencement of this Act relates to the whole written law and
not to that section or division only.

Names 18. In a written law, a name commonly applied to a country,

commonly
used. place, Government department, body, corporation, society,
minister, officer, functionary, person, party, statutory provision or
other thing, means the country, place, Government department,

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 13

body, corporation, society, Minister, officer, functionary, person,

party, statutory provision or other thing to which the name is
commonly applied in Trinidad and Tobago, whether or not the
name is the formal or unabbreviated designation thereof.

19. Where an Act confers upon any person or authority power Thing done
under
to make a statutory instrument, any act done under a statutory instrument
deemed done
instrument so made shall be deemed to have been done under the under Act.
Act that conferred the power to make the statutory instrument.

APPLIED ACTS
20. An Act of the Parliament of the United Kingdom that has Construction of
Imperial Act.
effect as part of the law of Trinidad and Tobago shall be read with [38 of 1976].
such formal alterations as to names, localities, Courts, officers,
persons, moneys and penalties, and otherwise as may be
necessary to make the same applicable to the circumstances.

21. Where any written law passed before 31st August 1962 Applied laws
with ambulatory
applies the law of England or of the United Kingdom to Trinidad effect.
[45 of 1979].
and Tobago and such application is qualified by words of an
ambulatory nature, including the words “from time to time in
force” or “for the time being in force”, the same shall be construed
as applying the law in force in England on 30th August 1962.

TIME AND DISTANCE

22. (1) Words in a written law relating to time and a reference Standard time.
[45 of 1979]
therein to a point of time shall be construed as relating or referring
to the standard time prescribed for Trinidad and Tobago.
(2) The President may by Order prescribe the standard
time for Trinidad and Tobago; but, in default of a prescription
under this section, the standard time for Trinidad and Tobago
shall be four hours behind Greenwich Mean Time.

23. Where a written law requires or authorises something to be Where no time

prescribed.
done but does not prescribe the time within which it shall or may [45 of 1979].
be done, the law shall be construed as requiring or authorising the
thing to be done without unreasonable delay having regard to the
circumstances and as often as due occasion arises.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

14 Chap. 3:01 Interpretation

Extension of 24. Where in a written law a time is prescribed for doing an

time.
[45 of 1979]. act or taking a proceeding and power is given to a Court, public
body, public officer or other authority to extend the time, then the
power may be exercised by the authority notwithstanding the
expiration of the time prescribed.

Computation 25. (1) Where in a written law a period of time is expressed

of time.
[21 of 1974 to be reckoned from a particular day or a particular event, that
45 of 1979].
day or the day of event shall not be included in the period.
(2) Subject to subsection (5), where in a written law a
period of time is expressed to end on, or to be reckoned to, a
particular day, that day shall be included in the period.
(3) Where a period of time is expressed in a written law
to end on, or to be reckoned to, a particular event, the whole of
the day on which the period is reckoned to begin shall be deemed
to be part of the period.
(4) Where the time limit by any law for the doing of
anything expires or falls upon a Saturday, Sunday or a public
holiday, the time extends to and the things may be done on the first
following day that is not a Saturday, Sunday or a public holiday.
(5) Where by a written law a period of time prescribed
for the doing of anything does not exceed seven days, Saturdays,
Sundays and public holidays shall not be included in the
computation of the time.
(6) Where by a written law a period of time is expressed
as “clear days” or the term “at least” is used, both the first day and
the last day shall be excluded from the computation of the period.
(7) In a written law—
(a) a reference to midnight, in relation to any
particular day, shall be construed as a reference
to the point of time at which that day ends;
(b) a reference to a weekday shall be construed as a
reference to a day that is not a Sunday;
(c) a reference to a month shall be construed as a
reference to a calendar month;

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 15

(d) a reference, without qualification, to a year shall

be construed as a reference to a period of twelve
months.

26. In the measurement of any distance for the purpose of Distance.

any written law, that distance shall be measured in a straight line
on a horizontal plane.

REPEAL AND AMENDMENT

27. (1) Where a written law repeals or revokes a written law, Effect of repeal.
the repeal or revocation does not, except as in this section
otherwise provided, and unless the contrary intention appears—
(a) revive any written law or thing not in force or
existing at the time at which the repeal or
revocation takes effect;
(b) affect the previous operation of the written law
so repealed or revoked, or anything duly done or
suffered thereunder;
(c) affect any right, privilege, obligation or liability
acquired, accrued or incurred under the written
law so repealed or revoked;
(d) affect any offence committed against the written
law so repealed or revoked, or any penalty or
forfeiture or punishment incurred in respect
thereof; or
(e) affect any investigation, legal proceeding or
remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or
punishment as mentioned above,
and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture
or punishment may be imposed, as if the written law had not been
repealed or revoked.
(2) Nothing in subsection (1) shall be taken to authorise
the continuance in force after the repeal or revocation of a written
law of any instrument made under that written law.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

16 Chap. 3:01 Interpretation

(3) Where at any time a written law expires, lapses or

ceases to have effect, this section applies as if that written law
had then been repealed or revoked.
(4) The inclusion in the repealing provisions of a written
law of any express saving with respect to the repeals effected
thereby shall not be taken to prejudice the operation of this
section with respect to the operation of those repeals.

Cessation of
effect of
28. Where in a written law it is declared that the whole or
statutory part of any written law is to cease to have effect, the latter written
provision.
law shall be deemed to have been repealed to the extent to which
it is so declared to cease to have effect.
Effect of
substituting
29. (1) Where a written law repeals or revokes and re-
provisions. enacts, with or without modification, any written law, a reference
in any other written law to the written law so repealed or revoked
shall, unless the contrary intention appears without prejudice to
the operation of subsections (2) and (3), be construed as a
reference to the written law as re-enacted.
(2) Where a written law repeals or revokes a written law
(in this subsection and subsection (3) called the “old law”) and
substitutes another written law therefor by way of amendments,
revision or consolidation—
(a) all officers and persons acting under the old law
shall continue to act, as if appointed under the
written law so substituted;
(b) every bond and security given by a person
appointed under the old law remains in force
and all offices, books, papers and things used or
made under the old law shall continue to be used
as theretofore so far as consistent with the
written law so substituted;
(c) all proceedings taken under the old law shall be
prosecuted and continued under and in
conformity with the written law so substituted,
so far as consistently may be;

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 17

(d) in the recovery or enforcement of penalties

incurred, and in the enforcement of rights
existing or accruing, under the old law, the
procedure established by the written law so
substituted shall be followed so far as it can be
adapted; and
(e) where any penalty, forfeiture or punishment is
reduced or mitigated by any of the provisions of
the written law so substituted, the penalty,
forfeiture or punishment, if imposed or
adjudged after such repeal or revocation, shall
be reduced or mitigated accordingly.
(3) Without prejudice to subsection (2), where a written
law repeals or revokes a written law and substitutes another written
law therefor by way of amendment, revision or consolidation—
(a) all statutory instruments or statutory documents
made, issued, confirmed or granted under the old
law and all decisions and authorisations,
directions, consents, applications, requests or
things made, issued, given or done thereunder
shall, in so far as they are in force at the
commencement of the written law so substituted,
and are not inconsistent therewith, have the like
effect and the like proceedings may be had thereon
and in respect thereof as if they had been made,
issued, given or done under the corresponding
provision of the written law so substituted; and
(b) any reference to that old law in any unrepealed or
unrevoked written law shall, in relation to any
subsequent transaction, matter or thing, be construed
as a reference to so much of the written law so
substituted as relates to the same subject matter as
the old law, and, if nothing in the written law so
substituted relates to the same subject matter, the old
law shall stand good and be read and construed as
unrepealed or unrevoked in so far, and in so far only,
as is necessary to support, maintain or give effect to
such unrepealed or unrevoked written law.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

18 Chap. 3:01 Interpretation

Amending 30. An amendment written law shall, so far as consistent

provisions.
with the tenor thereof, be construed as part of the written law that
it amends, and, without prejudice to section 17(1), has, as from
the date on which it comes into operation, effect accordingly for
the purposes of the construction and operation of any other
written law that refers to, or is incorporated with, the written law
that it amends.
Repeal or
amendment not
31. (1) The repeal or the amendment of a written law
declaratory as to shall not be construed as a declaration as to the previous state
previous law.
[45 of 1979]. of the law.
(2) A re-enactment, revision, consolidation or amendment
of a written law shall not be construed as an adoption of the
construction that has by judicial decision or otherwise been placed
upon the language used in the written law or upon similar language.

ADMINISTRATION
Signification of 32. (1) Where a function of the President under a written
President.
law is to be exercised in accordance with the advice of Cabinet,
any instrument required to be issued in the exercise of that
function, other than a proclamation, warrant or instrument to be
issued under the Public Seal or the Seal of the President may be
signified under the hand of the Secretary to the Cabinet, and such
signification is sufficient for all purposes.
(2) Where a function of the President under a written
law is to be exercised in accordance with the advice of a Minister
acting under the general authority of the Cabinet, any instrument
required to be issued in the exercise of that function, other than
a proclamation, warrant or instrument to be issued under the
Public Seal or the Seal of the President, may be signified under
the hand of the Minister acting under the general authority of the
Cabinet, and such signification is sufficient for all purposes.

Money payable 33. Where any written law provides for any money to be paid
to public officer.
[45 of 1979]. to a public officer, the law shall be construed as providing for the
money to be so paid for the use of the State.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 19

STATUTORY BOARDS
34. (1) Where by a written law an authority is empowered to Appointment of
statutory
appoint a person— boards.
[45 of 1979].
(a) to perform a function;
(b) to be a member of a board;
(c) to be or do any other thing,
that authority may make the appointment either by appointing a
person by name or by appointing the holder of an office by the
term designating his office.
(2) Where by or under a written law passed or made
after the commencement of this Act power is conferred upon any
person or authority to appoint all the members of a board, that
power includes—
(a) the power to appoint the chairman of the board
from time to time as occasion requires; and
(b) the power to appoint individuals as alternate
members of the board,
and where any alternate member is appointed under this subsection
to a board the alternate member shall act as a member only when
the member to whom he is alternate is for any reason unable to
perform his duties as a member, and the alternate member when so
acting for the member has all the powers and may perform all the
functions of the member to whom he is the alternate member.
(3) In this section, “board” includes corporation,
tribunal, commission, committee or other similar body.

35. (1) At any meeting of a board, the chairman or the vice- Who shall
preside at
chairman, if any, shall preside over the proceedings and in the meetings.
[45 of 1979].
absence of the chairman or the vice-chairman, if any, the
members present shall elect one of their number to preside over
the proceedings of that meeting.
(2) At any meeting of a board, the chairman or other
member presiding shall have a casting as well as an original vote
in all matters in which a decision is taken by vote.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

20 Chap. 3:01 Interpretation

(3) In this section, “board” has the meaning assigned to

it in section 34(3), the expression “chairman” includes president
or other officer of analogous functions and the expression “vice-
chairman” includes deputy chairman, deputy president or other
officer of analogous functions.

Defect not to 36. (1) Where a board is established under a written law,
invalidate acts
done in good then, subject to any requirements with respect to a quorum, the
faith. validity of any act done in pursuance of any power of the board
[45 of 1979].
shall not be affected by—
(a) the presence at or participation in the proceedings
at which the act was done or authorised of any
person not entitled to be present at or to participate
in the proceedings; but a Court may declare an act
invalid if such presence or participation is not
bona fide and the objection is taken promptly
having regard to all the circumstances;
(b) any defect in the appointment or qualifications
of a person purporting to be a member;
(c) any minor irregularity (not calculated to cause any
prejudice, injustice or hardship to any person) in
the convening or conduct of any meeting; or
(d) any vacancy in the membership of the board.
(2) In this section, “board” has the meaning assigned to
it by section 34(3).

INCORPORATION
Words of 37. Words in a written law passed or made after the
incorporation.
commencement of this Act and establishing or providing for the
establishment of a body corporate—
(a) vest in that body when established power to sue and
be sued, to contract and be contracted with by its
corporate name, to have a common seal and to alter
or change it at pleasure, to have perpetual
succession, to acquire and hold real and personal
property for the purposes for which the body
corporate is constituted, to dispose of such property
and to regulate its own procedure and business;

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 21

(b) operate to require that judicial notice shall be

taken of the corporate seal of that body, and that
every document purporting to be a document
sealed by that body and to be attested in
accordance with the statutory provisions, if any,
applicable to the attestation of documents so
sealed shall, unless the contrary is proved, be
received in evidence and be deemed to be such
a document without further proof;
(c) vest in a majority of the members of the body
the power, subject to any quorum fixed by the
written law under which it is established or by
any relevant standing orders, to bind other
members thereof; and
(d) exempt from personal liability for the debts,
obligations or acts of that body, such members
thereof as do not contravene the provisions of the
written law under which the body is established.

38. For the removal of doubt it is declared that a corporation Executing

documents by
has and always has had the power by instrument under its attorneys of
common seal to appoint an attorney to execute deeds and other Corporations.
[51 of 1976].
documents on its behalf in respect of any matter.

APPOINTMENTS TO OFFICES AND

RELATED PROVISIONS
39. (1) Subject to the Constitutional Laws of Trinidad and Holders of
offices.
Tobago, words in a written law authorising the appointment of a [45 of 1979].
person to any office shall be deemed also to confer on the
authority in whom the power of appointment is vested—
(a) power, at the discretion of the authority, to
remove or suspend him; and
(b) power, exercisable in the like manner and
subject to the like consent and conditions, if any,
applicable on his appointment—
(i) to reinstate him on his suspension, or
reappoint him on his removal, his
resignation, the expiration of his office,
or otherwise;

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

22 Chap. 3:01 Interpretation

(ii) to appoint another person in his stead or to act

in his stead and to provide for the
remuneration of the person so appointed; and
(iii) to fix or vary his remuneration, to
withhold his remuneration in whole or in
part during any period of suspension from
office, and to terminate his remuneration
on his removal from office,
but where the power of appointment is only exercisable upon the
recommendation or subject to the approval, consent or concurrence
of some other person or authority the power of removal shall,
unless the contrary intention is expressed in the written law, be
exercised only upon the recommendation, or subject to the
approval, consent or concurrence of that other person or authority.
(2) In a written law a reference, without qualification, to
the holder of any office includes a reference to any person for the
time being charged with the execution of the powers and duties
of the office and, in particular—
(a) words in a written law directing or empowering
the holder of an office to do any act or thing, or
otherwise applying to him by the name of his
office, apply to his successors in office and to
any person duly appointed to act for him;
(b) where a written law confers a power or imposes
a duty on the holder of an office, as such, the
power may be exercised and the duty shall be
performed by the person for the time being
charged with the execution of the powers and
duties of the office.
Change of *40. (1) Where there is a change in the title of an officer in any
official titles
and names. classification of offices made by Order under the Civil Service Act,
[†14 of 1972 the Police Service Act, the Fire Service Act, the Prison Service Act,
22 of 1977
45 of 1979]. the Education Act or the Judicial and Legal Service Act, as the case
Ch. 23:01.
Ch. 15:01. may be, the new title replaces the old title wherever the old title
Ch. 35:50. appears in any written law or in any document made or issued
Ch. 13:02.
Ch. 39:01. pursuant to or consequent upon such written law.
Ch. 6:01.
*See Note on Subsidiary Legislation on page 2 at A.
†Act 14 of 1972 came into operation on 1st January 1971.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 23

(2) (a) Where there is a change in the title of any

officer or employee of a statutory authority in any classification
of offices established under the Statutory Authorities Act and Ch. 24:01.
published in the Gazette, the new title replaces the old title
wherever the old title appears in any written law or in any
document made or issued pursuant to or consequent upon such
written law.
(b) For the purposes of this subsection—
“local authority” means a Municipality established under the
Municipal Corporations Act; Ch. 25:04.

“statutory authority” means a local authority and any

commission, board, committee, council or body (whether
corporate or unincorporated), established by or under a
public general statute other than the Companies Act. Ch. 81:01.

(3) The Prime Minister may by Order declare that a title

specified in the Order has been substituted for the existing title
of any public office not within the terms of subsection (1) or (2)
or of any Ministry or any Department, Division or other section
of a Ministry or for the name of any building, park, street, town,
river, mountain or any other thing or place and thereupon the
new title or name replaces the old title or name wherever the old
title or name appears in any written law or document.

*41. Where a written law provides for the appointment of a Where new
office not
person to perform any function in the public service then, warranted.
[45 of 1979].
notwithstanding that the law constitutes, or provides for the
constitution of, an office for the purpose, the Minister may, if
he thinks fit having regard to the extent and nature of the
functions for the time being involved, designate by Notification
the holder of an existing public office to perform those functions.

42. An appointment (however described or designated) Retrospective

appointments.
under a written law may be made to have effect retrospectively [45 of 1979].
from the date upon which the person appointed in fact first
performed any of the functions of his appointment.

*See Note on Subsidiary Legislation on page 2 at B.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

24 Chap. 3:01 Interpretation

STATUTORY POWERS AND DUTIES

Exercise of
powers before
43. Where a written law that is not to come into force
commencement immediately on the passing or making thereof confers power—
of written law.
(a) to make appointments;
(b) to hold elections;
(c) to make statutory instruments or issue statutory
documents;
(d) to publish documents or give notices;
(e) to prescribe forms;
(f) to give directions; or
(g) to do any other act or thing,
that power may, for the purpose of making the written law effective
upon its commencement, be exercised at any time after the passing
or making thereof; but, except in so far as may be necessary or
expedient for that purpose, a statutory instrument or statutory
document made under that power does not have effect before the
commencement of the written law conferring the power.
Power
exercisable
44. (a) Where a written law confers a power or imposes a
from time duty, the power may be exercised and the duty shall be performed
to time.
[45 of 1979]. from time to time, as occasion requires.
(b) Notwithstanding that a power given by a written law
to do any act or thing or to make any appointment is not in general
capable of being exercised from time to time, that power is
nevertheless capable of being exercised as often as is necessary to
correct any error or omission in any previous exercise of the power.
Implied powers.
[45 of 1979
45. (1) Where a written law confers a power to make any
47 of 1980]. statutory instrument, the power shall be construed as including
power exercisable in the like manner and subject to the like consent
and conditions, if any, to amend, alter, rescind or revoke, that
instrument and to make other statutory instruments in lieu thereof.
(2) Where a written law empowers any person or
authority to do any act or thing, all such powers shall be deemed
to be also given as are reasonably necessary to enable that person
or authority to do that act or thing.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 25

(3) Without prejudice to the generality of subsection (2),

where a written law confers power—
(a) to provide for, prohibit, control or regulate any
matter, such power shall include power to
provide for the matter by the licensing of it and
by the imposition of fees and charges with
respect to it and power to prohibit acts whereby
the prohibition, control or regulation of the
matter might be evaded;
(b) to grant a licence, State lease, permit, authority,
approval or exemption, such power shall include
power to refuse to make such grant, power to
impose reasonable conditions subject to which
such grant is made and power to suspend or
cancel such grant; but nothing in this paragraph
shall affect any right conferred by law on any
person to appeal against any decision with
respect to such grant;
(c) to approve any person or thing, such power shall
include power to withdraw approval thereof;
(d) to give directions, such power shall include power
to couch the directions in the form of prohibitions.
(4) Without prejudice to the generality of subsection (2),
where in any written law there appears the expression “as the
President may appoint” or “as may be designated by the
President” or “prescribed by order of the President” or any
similar expression, whether referring to the President or to some
other person or authority, and no power is expressly conferred
upon the President or the other person or authority to make the
appointment, designation or prescription, that power shall
nevertheless be deemed to be conferred.

46. A power conferred by a written law to make a statutory Discretion as to

extent of
instrument or issue a statutory document may be exercised— exercise of
power.
(a) either in relation to all cases to which the power
extends, or in relation to all those cases subject
to specified exceptions, or in relation to any
specified cases or classes of case; and

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

26 Chap. 3:01 Interpretation

(b) so as to make, as respects the cases in relation to

which it is exercised—
(i) the full provision to which the power
extends or any less provision, whether by
way of exception or otherwise;
(ii) the same provision for all cases in relation
to which the power is exercised, or
different provision for different cases or
classes of case, or different provision as
respects the same case or class of case for
different purposes of the written law; or
(iii) any such provision either unconditionally
or subject to any specified condition.
Special powers 47. Where a written law confers power on any authority to
not to derogate
from general. make any statutory instrument for any general purpose and also for
any special purpose incidental thereto, the enumeration of the special
purposes shall not be deemed to derogate from the generality of the
powers conferred with respect to the general purpose.

Instrument 48. Notwithstanding that a statutory instrument or statutory

deemed made
under all document is expressed or purports to be made or issued by a
enabling
powers. person or authority under a specific written law, it shall be
deemed also to be made or issued by that person or authority
under all powers thereunto enabling that person or authority.
Instrument in 49. Where an Act confers upon any person or authority
excess of power
not wholly void. power to make a statutory instrument, the statutory instrument so
made shall be read and construed subject to the Act under which
it was made and so as not to exceed the power of that person or
authority, to the intent that where any such statutory instrument
would, but for this subsection have been construed as being in
excess of the power conferred upon that person or authority, the
statutory instrument is nevertheless valid to the extent to which it
is not in excess of that power.
Power of 50. Where a written law authorises or requires an act or thing
majority.
[45 of 1979]. to be done collectively by more than two persons (including the
case where such persons constitute a corporate body), a majority

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 27

of those persons may do that act or thing, unless any quorum fixed
by that written law or by any other written law relating thereto has
not been formed; and where such persons are assembled, the
chairman or other person presiding shall have a casting as well as
an original vote in all matters in which a decision is taken by vote.

51. Where any written law confers power upon any person Presumption of
lawful exercise
to make any statutory instrument, and the written law conferring of power.
the power prescribes conditions subject to the observance, [45 of 1979].

performance or existence of which any such power may be

exercised, such conditions shall be presumed to have been duly
fulfilled if in the statutory instrument made in exercise of the
power there is a statement that the instrument is made in exercise
of or in pursuance of the power conferred by such written law
or a statement to that effect.

DELEGATION AND TRANSFER OF FUNCTIONS

*52. (1) Subject to subsection (4), where a written law Delegation of
functions.
confers a function on the President, a Minister or a specified [45 of 1979].
public officer, the President or the Minister may by Order
delegate any other public officer or officers to exercise the
function on his behalf, and thereupon, or from the date specified
in the delegation, the person or persons delegated may exercise
the function.
(2) Where a written law confers any function on a public
officer, the Minister responsible for the administration of the
Ministry to which the public officer belongs may by Order delegate
any other public officer or officers to exercise that function.
(3) In subsection (1), “public officer” includes the
President or a Minister.
(4) Nothing in this section authorises the delegation of
any power to make subsidiary legislation or to hear any appeal.

53. A delegation of a function— Effect of

delegation of
(a) made under section 52(1), shall not preclude the function.
[45 of 1979].
person delegating from exercising the function
delegated;
*See Note on Page 2.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

28 Chap. 3:01 Interpretation

(b) made under section 52(2), shall not preclude the

public officer upon whom the function is
conferred by the written law from exercising the
function delegated unless the order by the
Minister otherwise specifies;
(c) made under any written law, may be conditional
or qualified in such manner as the person
delegating may think fit;
(d) made under a written law requiring the
approval of some person to the delegation, may
be conditional or qualified in such manner as
the person whose approval is required may
think fit;
(e) made under any written law may be to a named
person or to the person for the time being
holding any office designated by the person
delegating; and
(f) made under any written law, may be revoked at
any time by the authority making the delegation.

Transfer of *54. (1) Where a written law vests a function in a public

functions and
reorganisation office, the President may, by Order subject to negative resolution
of public of Parliament, substitute any other public office for the public
service.
[45 of 1979]. office specified in the written law.
(2) Where any reorganisation of the public service or
any branch thereof is contemplated, the President may by Order
subject to affirmative resolution of Parliament, amend any
written law in so far as it is necessary to give effect to any change
in the designation or functions of any public office or public
officer or any department or Ministry or otherwise and to give
effect to any transitional or consequential matters arising out of
such reorganisation.
(3) In this section, “public office” means any public
office whether an office of emolument or not, and “public
officer” shall be construed accordingly.
*See Note on Subsidiary Legislation on page 2 at C.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 29

PROCEDURAL MATTERS
55. Where a written law passed or made after the Procedure of
Courts and
commencement of this Act confers any jurisdiction on a Court or Tribunals.
other Tribunal or extends or varies the jurisdiction of a Court or
Tribunal, the authority having for the time being power to make
rules or orders regulating the practice and procedure of that Court
or Tribunal may make such rules and orders, including rules or
orders regulating costs, fees, witnesses and other expenses, as
appear to the authority to be necessary for regulating the practice
and procedure of such Court or Tribunal in the exercise of the
jurisdiction so conferred, extended or varied; and it is not
necessary for any written law to confer power on the authority to
make any rules or orders for those purposes.

56. A civil or criminal proceeding taken under any written Ex officio

proceedings not
law by or (in the case of a civil proceeding) against any person in to abate on
virtue of his office (whether in that person’s own name or in the death, etc.
[45 of 1979].
name of his office) shall not be discontinued or abated by his
death, resignation, absence or removal from office, but may be
carried on by or, as the case may be, against the person for the
time being holding that office.

57. Without prejudice to section 19 of the Evidence Act, the Proof of

instruments.
original of any instrument signified under section 32 and any Ch. 7:02.
copy thereof printed by lawful authority is admissible in
evidence, without proof of the authority, signature or capacity of
the person signing the instrument.

58. (1) Where a written law passed or made after the Appellate
Courts —
commencement of this Act provides that an appeal against any powers of.
decision or determination of a Court, Tribunal, authority or
person (in this section called the “original Tribunal”) may be
brought to any Court (in this section called the “appellate Court”)
that appellate Court may, for all the purposes of and incidental to
hearing or determining that appeal, exercise all the powers,
authority and jurisdiction of the original Tribunal.
(2) In addition the appellate Court may—
(a) confirm, reverse or vary the decision or
determination of the original Tribunal;

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

30 Chap. 3:01 Interpretation

(b) remit the appeal or any matter arising thereon to

the original Tribunal with such declaration or
directions as the appellate Court may think
proper; or
(c) make such order as to costs and expenses as the
appellate Court may think proper.
(3) The original Tribunal shall have regard to all such
declarations and obey all such directions, if any, as may be given
by the appellate Court pursuant to subsection (2)(b).
(4) Orders made by an appellate Court have the like
effect and may be enforced in like manner as orders made by the
original Tribunal.

Service of 59. (1) Where a written law made after the commencement of
documents.
this Act authorises or requires a document to be served by post,
whether the word “serve” or any of the words “give”, “deliver” or
“send” or any other word is used, the service of the document may
be effected by prepaying, registering and posting an envelope
addressed to the person on whom the document is to be served at
his usual or last known place of abode or business and containing
such document; and, unless the contrary is proved, the document
shall be deemed to have been served at the time at which such
envelope would have been delivered in the ordinary course of post.
(2) Where a written law made after the commencement
of this Act authorises or requires a document to be served on any
person without directing it to be served in a particular manner, the
service of that document may be effected either—
(a) by personal service; or
(b) by post in accordance with subsection (1); or
(c) by leaving it for him with some person apparently
over the age of sixteen years at his usual or last
known place of abode or business; or
(d) in the case of a corporate body or of any
association of persons, whether incorporated or
not, by delivering it to the secretary or clerk of
the body or association at the registered or

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 31

principal office of the body or association or

serving it by post on such secretary or clerk at
such office; or
(e) if it is not practicable after reasonable inquiry to
ascertain the name or address of an owner,
lessee or occupier of premises on whom the
document should be served, by addressing the
document to him by the description of “owner”
or “lessee” or “occupier”, as the case may be, of
the premises (naming them) to which the
document relates, by affixing it, or a copy of it,
to some conspicuous part of the premises.

60. Where a form is prescribed or specified by a written law, Deviation in

prescribed
deviations therefrom not materially affecting the substance nor forms.
calculated to mislead do not invalidate the form used.

61. (1) Where a written law authorises or requires evidence to Oaths,

affirmations and
be taken on oath, or authorises or directs an oath to be made, taken declarations.
[45 of 1979].
or administered, the oath may be administered, and a certificate or
acknowledgement of its having been made, taken or administered
may be given, by anyone authorised by the written law to take the
evidence, or by a judge of any Court, a notary public, or a
commissioner for oaths or Justice of the Peace having authority or
jurisdiction in the place where the oath is administered.
(2) In every written law, the words “oath” and
“affidavit” in respect of persons for the time being allowed by
law to affirm instead of swearing, include affirmation; and the
word “swear” in like case includes affirm.
(3) A reference in a written law to a statutory declaration
shall be construed—
(a) if made in Trinidad and Tobago, as a reference
to a declaration made—
(i) by virtue of the Statutory Declarations 5 & 6 Will. 4.
c. 62.
Act, 1835 of the United Kingdom; or
(ii) under the Statutory Declarations Act; Ch. 7:04.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

32 Chap. 3:01 Interpretation

(b) if made in any part of the Commonwealth other

than Trinidad and Tobago, as a reference to a
declaration made before a Justice of the Peace,
notary public or other person having authority
therein under any law for the time being in force
to take or receive a declaration; or
(c) if made in any other place, as a reference to a
declaration made before a Trinidad and Tobago
consular officer or before any person who,
under any Act of the Parliament of the United
Kingdom in force on 30th August 1962, had
authority to take or receive a declaration.
(4) A power conferred by a written law passed or made
after the commencement of this Act upon a Justice of the Peace
to administer any oath or affirmation, or to take any affidavit or
declaration, may be exercised by a notary public or a
commissioner for oaths.

OFFENCES
Offences under 62. (1) (a) Where an act constitutes an offence under two or
two or more
laws. more laws the offender is liable to be prosecuted and punished
[45 of 1979]. under either or any of those laws but a conviction or an acquittal
upon a prosecution is a bar to prosecution for the same offence or
for an offence which is substantially the same offence under any
other of those laws.
(b) In this section a reference to laws includes a
reference to the common law.
(2) A written law creating criminal liability for an act
that, apart from the written law would give rise to civil liability
does not operate to prejudice the civil liability.
Offences under 63. (1) Where a written law confers a power to make any
statutory
instruments. statutory instrument there may be annexed to a breach of that
[47 of 1980]. statutory instrument a punishment by way of a fine not exceeding
five hundred dollars.
(2) Where a written law confers power to make a
statutory instrument an offence under that statutory instrument is
punishable on summary conviction.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 33

64. Where a written law provides (in whatever terms) that a Act to be
deemed an
person is liable to a penalty if he commits a specified act, that act offence if
penalty
shall be deemed to have been constituted an offence by such attached.
written law. [45 of 1979].

65. Where a written law creates an offence, the written law Attempts.
[45 of 1979].
shall be deemed to provide also that an attempt to commit that
offence is an offence under the written law and that such attempt
is punishable, in the case of a capital offence, with imprisonment
for life and, in the case of any other offence, with the same
penalty as if the offence had been committed.

66. (1) Where— Reference to an

offence to
(a) any Act confers a function which is to be include
attempts, etc.
performed consequent upon a conviction for an [45 of 1979].
offence or in relation to a person detained in
custody for an offence; or
(b) a reference is otherwise made in any Act to an
offence,
then that function is also performable consequent upon a
conviction for, and that reference includes a reference to—
(i) an attempt to commit that offence;
(ii) aiding, abetting, counselling or procuring
that offence; and
(iii) a conspiracy to commit that offence.
(2) A function under subsection (1) includes a power to
impose fines, a power of forfeiture, seizure and search and a power
or discretion to cancel, suspend or refuse to issue any licence,
permit or other authorisation; but nothing in this section applies to
any offence for which a sentence of death may be imposed or
authorises the imposition of any sentence of imprisonment
otherwise than in default or payment of any pecuniary penalty
which may be imposed by virtue of this section.

67. Where in a written law an offence is declared to be Summary

convictions.
punishable on summary conviction, the procedure in respect of
the trial and punishment of the offence and the recovery of the

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

34 Chap. 3:01 Interpretation

penalty, and all matters incidental to or arising out of the trial and
punishment of the offence or the recovery of the penalty shall be
Ch. 4:20. in accordance with the Summary Courts Act.

PENALTIES
Maximum
penalty.
*68. (1) Where a punishment is provided by a written law for
[45 of 1979]. an offence against the written law, the provision indicates that the
offence is punishable by a punishment not exceeding that provided.
(2) Where in any Act or statutory instrument provision is
made for any minimum penalty or fine, or for any fixed penalty or
fine, as a punishment for a criminal offence, such Act or statutory
instrument shall have effect as though no such minimum penalty or
fine had been provided, or as though the fixed penalty or fine was
the maximum penalty or fine, as the case may be.
(3) Where in any written law more than one penalty
linked by the word “and” is prescribed for an offence, this shall
be construed to mean that the penalties may be imposed
alternatively or cumulatively.
Imprisonment
with or without
69. Where under any written law imprisonment may be
hard labour. awarded, it may be awarded with or without hard labour.
Court to declare
term of life
69A. Where punishment of imprisonment for life is provided
imprisonment. for a criminal offence by any written law, the Court on sentencing
[37 of 1985
38 of 1991]. any person convicted of that criminal offence to imprisonment
for life may, notwithstanding anything contained in any other
law, declare at the same time a period before the expiration of
which in its view that person shall not be released.
Liability for
offence by
70. Where an offence committed after 31st December 1979
corporate body. [that is, the date of commencement of the Law Revision
[45 of 1979].
(Miscellaneous Amendments) (No.1) Act 1979] by a body
corporate under a written law is proved to have been committed
with the consent or connivance of a director or other officer
concerned in the management of the body corporate or any
person who is purporting to act in any such capacity, he as well
as the body corporate is guilty of that offence and is liable to be
proceeded against and punished accordingly.

*See section 12 of the Kidnapping Act (Ch. 11:26) for the application of this section.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 35

71. (1) Where a fine or pecuniary penalty is imposed by or Pecuniary

penalties.
under a written law, that fine or penalty is payable into the [45 of 1979].
general revenue of Trinidad and Tobago.
(2) Subject to section 74(3), the President may direct the
payment to any aggrieved person, or to any person whose
information or evidence has led to the recovery of the fine or
forfeit or to the conviction of any person for the offence in
question, of the whole of the fine or forfeit or of such proportion
thereof as he may think fit.

72. Any Court of record having a criminal jurisdiction has, General power
to bind over.
as ancillary to that jurisdiction, the power to bind over to keep the [45 of 1979].
peace, and the power to bind over to be of good behaviour, a
person who or whose case is before the Court, by requiring him
to enter into his own recognisances or to find sureties or both, and
committing him to prison for any period not exceeding twelve
months if he does not comply. In the case of a person convicted
of an offence other than a capital offence this power may be
exercised in lieu of or in addition to any other punishment the
Court may have power to impose for the offence.

FORFEITURE
73. Where a written law provides that anything shall be Procedure and
time of
forfeited upon the commission of an act or the occurrence of an forfeiture.
event but does not provide the manner in which or the time at [45 of 1979].
which the forfeiture is to take place—
(a) in the case where the forfeiture is to occur on the
commission of an act which is otherwise made
an offence, the thing shall become forfeited upon
the person committing the act being convicted of
the offence and the Court so convicting, being
satisfied that any other conditions required for
the forfeiture have been fulfilled, declares that
the thing is forfeited;
(b) in the case where the forfeiture is to occur on the
commission of an act which is not otherwise made
an offence or on the happening of an event, the
thing shall become forfeited when a summary
Court (if the thing to be forfeited is personal
property of less than five hundred dollars in value)

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

36 Chap. 3:01 Interpretation

or the High Court (in other cases) upon the

application of the person in whose favour the
forfeiture is to operate, finds that the act has
been committed or the event has happened and,
being satisfied that any other conditions
required for the forfeiture have been fulfilled,
declares that the thing is forfeited.

Disposal of 74. (1) Where under a written law any animal or thing is or
forfeits.
is ordered by a competent authority to be confiscated or forfeited,
it shall be deemed to be forfeited to the State.
(2) Where under a written law any animal or thing
ordered or deemed to be forfeited to the State is required to be
sold, the net proceeds of any such sale shall be paid into and form
part of the general revenue of Trinidad and Tobago.
(3) Nothing in this section prejudices any written law
under which any fine, penalty or forfeit or any part thereof, or the
proceeds of any forfeit or part thereof, is recoverable by any
person or may be granted by any authority to any person.

PARTICULAR WORDS AND PHRASES

LEGISLATIVE MATTERS
Definitions for 75. (1) In a written law the expression—
legislative
purposes. “Act” means any Act of Parliament whether passed before or
[8/1962
38 of 1976 after the commencement of this Act and includes an applied
45 of 1979
47 of 1980]. Act and an Ordinance passed by a legislature of the former
colony of Trinidad and Tobago;
“amend” includes add to, partially repeal and wholly or partially
replace;
“applied Act” means an applied Federal Act or an applied United
Kingdom Act;
“applied Federal Act” means an Act of the Parliament of
the Federation of the West Indies, including a Regulation
deemed to be enacted by that Parliament under section 2 of
1957 No.
1364 (U.K.).
the West Indies (Federation) Order in Council 1957, which
after the dissolution of the Federation was continued in
force in Trinidad and Tobago by section 3 of the Interim

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 37

Commissioner (Continuation and Adaptation of Laws)

Order 1962 made under Article 16(1)(a) of the West Indies
(Dissolution and Interim Commissioner) Order in 1962 No.
1084 (U.K.).
Council 1962;
“applied United Kingdom Act” means an Act of Parliament of
the United Kingdom having effect or having had effect as
part of the Law of Trinidad and Tobago or of Trinidad or
of Tobago;
“applied written law” means an applied Act or any statutory
instrument made thereunder, including any such statutory
instrument made by the President or other officer or
authority of the Government of Trinidad and Tobago, having
effect or having had effect as part of the law of Trinidad and
Tobago or of Trinidad or of Tobago;
“commencement”, when used with reference to any statutory
provision, means the time at which that provision comes
into operation;
“contravention” includes, in relation to any statutory provision, a
failure to comply with that provision;
“define”, in relation to an expression, includes to make any
provision relating to the interpretation of that expression;
“enact”, used in relation to written law, includes make;
“House” or “Chamber” means the Senate or the House of
Representatives;
“make”, used in relation to written law, includes enact or issue;
“repeal” includes revoke, rescind, cancel or replace;
“revoke” includes rescind, cancel or replace;
“statutory document” means a document issued under an Act other
than a statutory instrument or a warrant or order of a Court;
“statutory instrument” means any proclamation, rule (including
Rule of Court), regulation, order, bye-law, resolution of either
House of Parliament, notification, appointment, warrant,
scheme or other instrument made under a written law; but
does not include — (a) a conveyance, agreement or bond, an
appointment of a person, a personal or private notice, or

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

38 Chap. 3:01 Interpretation

other instrument of a like nature, or (b) an order made or warrant

issued by a Court;
“written law” means the Constitution, the Constitutional
Instruments, Acts, subsidiary legislation or applied written
law, and includes part of a written law.
(2) A reference in any written law made after the
commencement of this Act to the laying of any statutory
instrument or statutory document or report, account or other
document before either House of Parliament shall be construed
as a reference to the taking, during the existence of the
Parliament, of such action as is directed by virtue of any
Standing Order, Sessional Order or other direction of that
House for the time being in force to constitute the laying of that
document before that House, or as is accepted by virtue of the
practice of that House for the time being as constituting such
laying, notwithstanding that the action so directed or accepted
consists in part or wholly in action capable of being taken
otherwise than at or during the time of sitting of that House.
(3) A reference in any written law made after the
commencement of this Act to the laying of any statutory
instrument, statutory document, or report, account or other
document before Parliament shall, subject to subsection (2), be
construed as a reference to the laying of that document before
each House of Parliament.
(4) A reference in any written law to a resolution of
Parliament shall be construed as a reference to a resolution
passed by the Senate and by the House of Representatives.
(5) The expression “subject to affirmative resolution of
Parliament”, when used in relation to any statutory instruments or
statutory documents, means that those instruments or documents
shall not come into operation unless and until affirmed by a
resolution of each House of Parliament.
(6) The expression “subject to affirmative resolution of
the House of Representatives”, when used in relation to any
statutory instruments or statutory documents, means that those
instruments or documents shall not come into operation unless
and until affirmed by a resolution of the House of Representatives.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 39

(7) The expression “subject to negative resolution of

Parliament”, when used in relation to any statutory instruments
or statutory documents means that those instruments or
documents shall, as soon as may be after they are made, but
within the prescribed period, be laid before each House of
Parliament. Where either House within the prescribed period
resolves that any of those instruments or documents shall be
annulled, that instrument or document is void as from the date
of the resolution, but without prejudice to the validity of any
thing done thereunder or to the making of a new instrument
or document.
(8) The expression “subject to negative resolution of
the House of Representatives”, when used in relation to any
statutory instruments or statutory documents, means that those
instruments or documents shall, as soon as may be after they
are made, be laid before the House of Representatives. Where
the House of Representatives within the prescribed period
resolves that any of those instruments or documents shall be
annulled, that instrument or document is void as from the date
of the resolution, but without prejudice to the validity of any
thing done thereunder or to the making of a new instrument
or document.
(9) In this section the expression “prescribed period”
means the period prescribed by the Standing Orders of the Senate
or the House of Representatives, or both, as the case may require.

76. (1) Where a written law provides (in whatever terms) Instruments of
nature of
that a statutory instrument made by any person shall have effect Money Bill.
Powers of
only upon its approval by Parliament and an instrument so made Senate.
is laid before Parliament for such approval, then the provisions of [45 of 1979].

this section shall apply.

(2) If the instrument is one which contains only
provisions dealing with all or any of the matters enumerated in
section 66(1)(a) to (f) of the Constitution (relating to Money
Bills), the Speaker shall cause to be endorsed on the instrument
a certificate signed by him that the instrument is, as regards its
subject matter, of the nature of a Money Bill.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

40 Chap. 3:01 Interpretation

(3) Where the instrument [whether before or after

certification by the Speaker under subsection (2)] is laid before
the Senate at lease one month before the end of a session and is
not approved by the Senate within a month, then the instrument
shall (unless the House otherwise resolves) have effect as if
approved by Parliament upon its approval by the House of
Representatives or upon the expiration of one month after being
laid before the Senate, whichever occurs last.
(4) Where the written law referred to in subsection (1)
provides (in whatever terms) that the instrument may be
approved by Parliament subject to amendment, the reference to
Parliament in the written law in so far as it relates to such
amendment of an instrument certified by the Speaker under
subsection (2) shall be construed as a reference to the House of
Representatives, so that the power of the Senate shall be limited
to the power of approval within the terms of subsection (3).

Powers of
Senate in
77. (1) When a written law (in whatever terms) empowers a
financial person to do any act or thing upon being authorised by
matters.
[45 of 1979]. Parliament, and a resolution of the House of Representatives
passed in pursuance of such law and authorising such person to
do anything contains, in the opinion of the Speaker, only
provisions dealing with all or any of the matters enumerated in
section 66(1)(a) to (f) of the Constitution (relating to Money
Bills), the Speaker shall cause to be endorsed on a copy of the
resolution a certificate signed by him that the resolution is, as
regards its subject matter, of the nature of a Money Bill.
(2) The Speaker shall then cause a copy of the resolution
as certified to be sent to the Clerk of the Senate at least one month
before the end of a session; and if the resolution of the House is
not approved or a resolution to the same effect is not passed by
the Senate within one month, then (unless the House otherwise
resolves) the resolution of the House of Representatives shall
have effect to constitute an authorisation by Parliament for the
purposes of the written law.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 41

JUDICIAL MATTERS
78. In a written law the expression — Definitions for
judicial
“Court” means any Court of Trinidad and Tobago of competent purposes.
[8/1962
jurisdiction; 45 of 1979
47 of 1980].
“arrestable offence” has the meaning assigned to it by section
3(1) of the Criminal Law Act; Ch. 10:04.

“High Court” means the High Court of Justice;

“Justice” means a Justice of the Peace;
“Magistrate” means a person appointed as such by the Judicial
and Legal Service Commission and includes a person
appointed under section 3 of the Summary Courts Act; Ch. 4:20.

“Marshal” means the Marshal of the Supreme Court or his deputy;

“offence” includes any act for the commission of which a person
is by law liable to a penalty;
“Rules of Court”, when used in relation to any Court, means rules
made by the authority having for the time being power to
make rules or orders regulating the practice and procedure
of that Court;
“summary offence” has the meaning assigned it by section 2 of
the Summary Courts Act;
“Summary Court” or “Court of summary jurisdiction” has the
meaning as assigned to it in the Summary Courts Act.
“Supreme Court” means the Supreme Court of Judicature.

ADMINISTRATIVE MATTERS
79. In a written law the expression— Definitions for
official
“Chief Chemist” includes a Senior Chemist or other chemist purposes.
[8/1962
employed by the Government; 38 of 1969
38 of 1976
“Commissioner of Income Tax” means a Commissioner of Inland 45 of 1979
47 of 1980
Revenue; 23 of 1998].
“the Commonwealth” means Trinidad and Tobago, any country
to which section 18 of the Constitution applies and any
dependency of any such country;
“Commonwealth country” means Trinidad and Tobago or any of
the countries to which section 18 of the Constitution applies;

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

42 Chap. 3:01 Interpretation

“Commonwealth territory” means a Commonwealth country or a

dependency of a Commonwealth country;
“Comptroller” means the Comptroller of Customs and Excise;
“the Constitution” or “the constitutional laws of Trinidad and
Tobago” means the Constitution of Trinidad and Tobago
and includes an Act that amends or replaces any of the
provisions thereof;
10 & 11 Eliz. 2 “Constitutional Instruments” means the Trinidad and Tobago
c. 54 (U.K.).
Ch. 1:01. Independence Act, 1962 and the Constitution of the Republic
of Trinidad and Tobago Act, including the Constitution;
“Crown Agents” means the persons, or any of the persons, who
are designated Crown Agents for Oversea Governments and
Administrations in the United Kingdom.
“dependency” includes a protectorate or a protected State;
“Eastern Caribbean” means Antigua, Barbados, Dominica,
Grenada, Guyana, Montserrat, St. Christopher, Nevis and
Anguilla, St. Lucia, St. Vincent, Trinidad and Tobago and
the dependencies of any of them;
“financial year” means the twelve months ending the 30th day of
September in any year;
“Gazette” or “Trinidad and Tobago Gazette” means the Gazette
published by the Order of the Government and, in respect
of the period prior to 3rd September 1962, includes the
Royal Gazette, any supplements thereto and any
Extraordinary Gazette so published;
“general revenue”, “public revenue”, “public funds” mean the
revenues of the Government receivable by and paid into
the Treasury;
“Government” means the Government of Trinidad and Tobago;
“Government Printer” includes any printer purporting to be the
printer authorised to print written laws and other documents
of the Government;
“Immigration Officer” has the meaning assigned to that
Ch. 18:01. expression by the Immigration Act;
“Order in Council” when used in a written law made after the
commencement of this Act means an order of the President

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 43

made on the advice of Cabinet and includes an Order made

in like manner by a former Governor of Trinidad and
Tobago or by a person exercising any of the functions of the
office of Governor;
“prescribed” means prescribed in or under the written law in
which the expression occurs;
“President” means the person appointed to the office of President
of Trinidad and Tobago and includes any person performing
the functions of that office under section 27 of the
Constitution;
“printed by authority of law” means printed by a Government
Printer;
“Registrar General” means the person appointed as such under
the Registrar General Act; Ch. 19:03.

“standard time” means standard time as defined in section 22;

“State” means the Republic of Trinidad and Tobago and in
relation to any period prior to 1st August 1976 includes the
Crown in right of its Government of Trinidad and Tobago;
“statutory board” means any commission, board, committee,
council or similar body established by an Act;
“Territorial Sea of Trinidad and Tobago” has the same meaning
as in section 3 of the Territorial Sea Act; and in all Acts Ch. 1:51.
passed before the commencement of that Act unless the
context otherwise requires, the expressions “territorial
waters”, “waters of Trinidad and Tobago” and analogous
expressions have the same meaning;
“Treasury” means the Treasury of Trinidad and Tobago;
“Trinidad and Tobago” means the islands of Trinidad and Tobago
and includes the territorial seas of Trinidad and Tobago as
defined in section 3 of the Territorial Sea Act, and in all Acts
passed before the commencement of that Act unless the
context otherwise requires, the expressions “territory of
Trinidad and Tobago”, “the country” and analogous
expressions have the same meaning;
“United Kingdom” means the United Kingdom of Great Britain
and Northern Ireland.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

44 Chap. 3:01 Interpretation

Reference to 80. (1) In any written law or in any public document—

President,
Minister, etc. (a) a reference to “the President” (however
[45 of1979].
expressed) shall be construed as a reference to
the President of Trinidad and Tobago for the
time being;
(b) a reference to “the Minister” in connection with
any function shall be construed as a reference to
the Minister to whom is assigned responsibilities
for the subject matter of that function;
(c) a reference to “the Ministry” shall be construed
as a reference to the Ministry under the
administration of the Minister and a reference
to “the Permanent Secretary” shall be construed
as a reference to the Permanent Secretary to
the Ministry.
(2) Where a written law requires or authorises a person
to do an act in relation to “the Minister”, such person shall be
deemed to have complied with the law if he does the act in relation
to the Minister who reasonably, even if wrongly, appeared to him
to be the Minister within the meaning of subsection (1)(b).

Reference to 81. (1) The President may by Notification nominate any

diplomatic or
consular officer. State to represent the interests of Trinidad and Tobago in any
[45 of 1979].
country designated in the Notification, and may specify a
particular purpose or purposes for which the State is nominated.
(2) A reference in any written law to a diplomatic or
consular officer or representative of the Government of Trinidad
and Tobago in any country shall include a reference to the
corresponding diplomatic or consular officer or representative of
any State nominated under subsection (1).
(3) In any written law the expressions defined in Article 1
of the Vienna Convention on Diplomatic Relations and Article 1 of
the Vienna Convention on Consular Relations as respectively set
Ch. 17:01. out in the First and Second Schedules to the Privileges and
Immunities (Diplomatic, Consular and International Organisations)
Act, shall, unless the context otherwise requires, have the respective
meanings assigned to the expressions in those Articles.

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 45

82. In a written law the expression— Definitions

for local
“Municipality” means the City of Port-of-Spain, the City of San government
purposes.
Fernando, the Borough of Arima, the Borough of Point [22 of 1967
21 of 1990
Fortin, the Borough of Chaguanas, the Regional Municipality 8 of 1992].
of Diego Martin, the Regional Municipality of San Juan-
Laventille, the Regional Municipality of Tunapuna-Piarco,
the Regional Municipality of Sangre Grande, the Regional
Municipality of Mayaro-Rio Claro, the Regional
Municipality of Princes Town, the Regional Municipality of
Couva-Tabaquite-Talparo, the Regional Municipality of
Penal-Debe, or the Regional Municipality of Siparia;
“Municipal Council” means the Council of a Municipal
Corporation within the meaning of the Municipal Ch. 25:04.
Corporations Act.

MISCELLANEOUS MATTERS
83. In a written law the expression— Miscellaneous
definitions.
“access” includes ingress, egress and regress; [45 of 1979
47 of 1980
“act” where used in reference to an offence or civil wrong 21 of 1990
8 of 1992].
includes a series of acts, and words so used that refer to acts
done extend to omissions;
“assets” includes property or rights of any kind;
“coin” means coin legally current in Trinidad and Tobago;
“Commonwealth ship” means a British ship as defined in the
laws applicable in Trinidad and Tobago to the subject of
merchant shipping;
“costs” includes fees, charges, disbursements, expenses and
remuneration;
“constable” includes any member of the Police Service and any
member of a Municipal Police Service within the meaning
of Part III of the Municipal Corporations Act; Ch. 25:04.

“fault” means wrongful act or default;

“First Division police officer” means an officer of the First
Division of the Police Service specified in the First
Schedule to the Police Service Act; Ch. 15:01.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

46 Chap. 3:01 Interpretation

“function” includes jurisdiction, power and duty;

“goods” includes all kinds of movable property including animals;
“individual” means a natural person and does not include a
corporation;
“movable property” means property of every description
including growing crops but excluding immovable property;
“legally qualified medical practitioner” or “duly qualified
medical practitioner” or any other words or expressions
importing legal recognition of any person as a medical
practitioner or member of the medical profession, means a
Ch. 29:50. person registered under the Medical Board Act;
“Police Force” means the Police Service established and
Ch. 15:01. maintained under the Police Service Act;
“power” includes jurisdiction, privilege, authority and discretion;
“publication” means—
(a) all written and printed matter;
(b) any record, tapes, wire, perforated roll,
cinematograph film or other contrivance by
means of which any words or ideas may be
mechanically, electronically or electrically
produced, reproduced, represented or conveyed;
(c) anything whether of a similar nature to the
foregoing or not containing any visible
representation, or by its form, shape or in any
manner capable of producing, reproducing,
representing or conveying words or ideas; and
(d) every copy under production of any publication
as defined in paragraphs (a), (b) and (c) of
this definition;
“public holiday” means a public holiday within the meaning of
Ch. 19:05. the Public Holidays and Festivals Act;
“sale” and “sell” include exchange or barter;
“signature” and “signed” include and apply to the making of a
mark;

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 47

“statute of limitation” means any statutory provision or other law

in force in Trinidad and Tobago prescribing a period within
which any civil proceeding to which such provision or law
relates is required to be brought, but does not include a
provision or law prescribing a period within which any
criminal proceedings, including proceedings to recover any
penalty imposed as a punishment for a criminal offence, is
to be brought;
“surety” means sufficient surety;
“vessel” includes any ship, boat, lighter or other floating craft
used for transport by water;
“Will” includes codicil;
“writing”, “written” or any term of like import includes words
typewritten, printed, painted, lithographed, photographed or
represented or reproduced by any mode of representing or
reproducing words in a visible form.

84. (1) In a written law passed or made after the References

relating to land.
commencement of this Act the expression—
“land” means land, messuages, tenements and hereditaments,
corporeal and incorporeal, of every kind and description, or
any estate therein, together with all paths, passages, ways,
watercourses, liberties, privileges, easements, plantations,
gardens, mines, minerals and quarries and all trees and
timber thereon or thereunder lying or being;
“estate” when used with reference to land includes any legal or
equitable estate or interest, easement, right, title, claim,
demand, charge, lien or encumbrance in, over, to or in
respect of the land.
(2) Where a written law passed or made after the
commencement of this Act provides that a person may dispose
of land, that person may deal with the land in any of the
following ways:
(a) sell it;
(b) lease or let it;
(c) exchange it, giving or receiving money for
equality of exchange;

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

48 Chap. 3:01 Interpretation

(d) if leasehold, surrender it;

(e) grant a licence to use it for any purpose or for
such purposes as are mentioned in the licence; or
(f) grant, by way of sale, lease, letting or licence,
any easement, profit or right in respect of it.

Meaning 85. Where the context so admits an expression used in any

assigned by
Constitution. written law or in any public document has the meaning assigned
[45 of 1979].
to that expression in section 3 or 21 of the Constitution.

TRANSITIONAL
Construction of 86. The provisions of the Schedule operate and have effect in
old laws.
Schedule. respect of any written law made before the commencement of
this Act.

Section 86. SCHEDULE

[8/1962
97/1963 1. (1) In any written law passed or made before the passing of this Act,
11 of 1998].
the following expressions have the meanings hereby assigned to them, unless
there is something in the subject or context inconsistent therewith or unless it
is therein otherwise expressly provided:
“Christian name” means any name prefixed to the surname whether received
in Christian baptism or otherwise;
“Government Chemist” includes the Deputy and any assistant or other chemist
employed by the Government;
“Imperial Act” means an Act passed by the Imperial Parliament;
“Imperial Parliament” or “Parliament” means the Parliament of the
United Kingdom;
“Medical Officer” means a medical practitioner in the service of the
Government or in the employ of a Regional Health Authority established
Ch. 29:05. under the Regional Health Authority Act;
“Order in Council” includes an Imperial Order in Council, an order of the
President made on the advice of the Cabinet, and a resolution of both
Chambers of the Legislature having the force of law;
Ch. 13:01. “prison” has the meaning assigned to that term in the Prisons Act;

UNOFFICIAL VERSION

UPDATED TO 31ST DECEMBER 2016

 LAWS OF TRINIDAD AND TOBAGO
MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

Interpretation Chap. 3:01 49

“registered” used with reference to a document means registered under the

provisions of the law for the time being applicable to the registration of
such document;
“regulation” includes any rule, bye-law, order, form of notice, issued or made
under the authority of any law;
“rule” includes regulation and has the same meaning as that term;
“a Secretary of State” means one of the Principal Secretaries of State of the
Government of the United Kingdom;
“the Secretary of State” means Secretary of State of the Government of the
United Kingdom;
“service by post”—Where an Ordinance authorises or requires any document
to be served by post, whether the expression “serve” or the expression
“give” or “send”, or any other expression is used, then, unless a contrary
intention appears, the service shall be deemed to be effected by properly
addressing, prepaying and posting a letter containing the document, and,
unless the contrary is proved to have been effected at the time at which
the letter would be delivered in the ordinary course of post.
(2) Whenever the Principal Ordinance on any subject is amended by
any Ordinance and the title or short title of the Principal Ordinance admits of it,
the Principal Ordinance and every Ordinance amending it may for all purposes
be cited by the title or short title, as the case may be, of the Principal Ordinance,
substituting therein the word “Ordinances” for the word “Ordinance” and
omitting the year and number, or adding the years of the first and last Ordinances
referred to; and whenever two or more Ordinances are cited in the manner
authorised by this section, the authorised short title used shall be construed to
mean all the Ordinances covered by that short title, or either or any of them.
(3) No Ordinance passed before the commencement of this Act shall
in any manner whatsoever affect the rights of the State unless it is therein
expressly provided or unless it appears by necessary implication that the State
is bound thereby.

2. When an Ordinance is referred to, it shall be sufficient for all purposes

to cite the Ordinance either by the short title, if any, by which it is made citable,
or by the year of its passing and its number among the Ordinances of that year
or in the case of the revised edition of the Ordinances issued under any
Ordinance providing for the issue of a revised edition, by its short title or its
chapter and number and the reference may in all cases be made according to the
copies of Ordinances purporting to be printed by the Government Printer.

UNOFFICIAL VERSION L.R.O.

UPDATED TO 31ST DECEMBER 2016