Revised Laws of Saint Lucia (2022)

28.   Effect of substituting enactment

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   (1)   Where an enactment repeals or revokes and re-enacts, with or without modification, any enactment, a reference in any other enactment or statutory document to the enactment so repealed or revoked shall, without prejudice to the operation of subsections (2) and (3), be construed as a reference to the enactment as re-enacted.

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   (2)   Where an enactment repeals or revokes any enactment (in this subsection and subsection (3) called “the old enactment”) and substitutes another enactment therefor by way of amendment, revision or consolidation—

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      (a)     all officers and persons acting under the old enactment shall continue to act as if appointed under the enactment so substituted;

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      (b)     every bond and security given by a person appointed under the old enactment shall remain in force and all premises, books, papers and things used or made under the old enactment shall continue to be used as theretofore so far as consistent with the enactment so substituted;

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      (c)     all proceedings taken under the old enactment shall be prosecuted and continued under and in conformity with the enactment so substituted, so far as consistently may be;

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      (d)     in the recovery or enforcement of penalties and forfeitures incurred, and in the enforcement of rights existing or accruing under the old enactment or in any other proceedings under the old enactment, the procedure established by the enactment so substituted shall be followed so far as it can be adapted; and

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      (e)     where any penalty, forfeiture or punishment is reduced or mitigated by any of the provisions of the enactment so substituted, the penalty, forfeiture or punishment, if imposed or awarded after such repeal or revocation, shall be reduced or mitigated accordingly.

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   (3)   Without prejudice to subsection (2), where an enactment repeals or revokes an enactment and substitutes another enactment therefor by way of amendment, revision or consolidation—

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      (a)     all statutory instruments or statutory documents made, issued, confirmed or granted under the old enactment and all decisions, 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 enactment 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, confirmed or granted or made, issued, given or done under the corresponding provision of the enactment so substituted; and

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      (b)     any reference to the old enactment in any unrepealed or unrevoked enactment shall in relation to any subsequent transaction, matter or thing, be construed as a reference to so much of the enactment so substituted as relates to the same subject-matter as the old enactment; and, if nothing in the enactment so substituted relates to the same subject-matter the old enactment 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 enactment.