Revised Laws of Saint Lucia (2021)

3.   Minister Authorised to make Orders

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    (1)   Where the Governor General by proclamation under section 17 of the Constitution declares that a state of emergency exists for the purposes of Chapter 1 of the Constitution and so long as the proclamation is in force, it is lawful for the Minister to make orders securing the essentials of life to the community and for the preservation of the health, welfare and safety of the public.

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    (2)   Orders made under this section may without prejudice to the generality of the power conferred by subsection (1), provide—

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      (a)     for the requisitioning of all forms of transport and communications;

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      (b)     for requisitioning and regulating the supply and distribution of food, clothing, water, fuel, light and other necessities of life and for fixing maximum wholesale and retail prices in respect thereof;

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      (c)     for the requisitioning of private lands, buildings and premises;

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      (d)     for conferring on any person the right of entry on or passage through or over any private lands, buildings or premises;

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      (e)     for the demolition of any building or other structure deemed to be dangerous; or

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      (f)     for the disposal of the dead and for dispensing with inquiries under the Coroner's Act and from the provisions of the Civil Code in relation to records of births and burials.

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    (3)   Orders made under this section shall be laid before the House of Assembly and the Senate as soon as may be after they are made and shall be subject to the affirmative resolution of the Senate and House of Assembly.

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    (4)   The orders may provide for the trial by the district court of persons who commit offences against the orders and the maximum penalty for any offence against any order is imprisonment with or without hard labour for a term of 6 months, or a fine of $1,000, or both such imprisonment and fine, together with the forfeiture of any goods or money in respect of which the offence has been committed.

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    (5)   An order shall not alter any existing procedure in criminal cases, or confer any right to punish by imprisonment or fine without trial.

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    (6)   Orders shall have effect as if enacted under this Act.

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    (7)   The expiry or cancellation of an order shall not be considered to affect the previous operation thereof, or the validity of any action taken thereunder, or any penalty or punishment incurred in respect of any contravention or failure to comply therewith, or any proceeding or remedy in respect of any punishment or penalty.