Bill 15 2022 - Statute Law Revision (Miscellaneous Amendments)(No. 2) Bill 2022

[15th July 2022] S tatute Law Revision 1 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL STATUTE LAW REVISION (MISCELLANEOUS AMENDMENTS) (No. 2) BILL, 2022 (Bill No. 15 of 2022) EXPLANATORY STATEMENT In the preparation of the revised edition of the Laws of Seychelles, the Law Revision Commissioner, in consultation with the Attorney General and on the approval of the Cabinet of Ministers, considers it desirable for this Bill to be presented to the National Assembly. This Bill is being presented to the National Assembly pursuant to section 6 of the Statute Law Revision Act, Cap. 231. This Bill seeks to amend the following laws — 1. Adjudication of Titles Decree, Cap. 1. Minor amendments are made to this law including giving the Minister the power to amend the Schedule. 2. Land Registration Act, Cap. 107. The objectives of the amendments under this Bill are, amongst other things, — (a) to enable the Land Registrar to: send and receive instruments and documents electronically; facilitate hearings or an investigation electronically; and administer oaths or take an affidavit electronically; (b) to enable a proprietor of land to create a right of way on the proprietor's land or allow the proprietor to subject the proprietor's land to the burden of a restrictive agreement for the benefit and enjoyment of the public; (c) to make it clear that the Land Registrar can refuse to accept a second application by the same person or anyone on behalf of that person in relation to a restriction of a person's land; (d) to reform the process in relation to the transmission of land on death of the proprietor in light of the Curatelle Act, 2021. [15th July 2022] S tatute Law Revision 2 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL 3. Land Survey Act, Cap. 109. This Bill seeks to revise monetary fines under this Act and make it clear that a person who attains the age of 18 years can practise as a land surveyor. 4. Condominium Property Act, Cap. 255. The Bill seeks define the words 'Minister' and 'Register of Condominium Property'. 5. Right of Access to Islands Act, Cap. 204; Delineation and Classification of Domaine Public Act, Cap. 60; National Symbols Act, Cap. 146; District Emblems Act, Cap. 261. This Bill seeks to, amongst other things, update the monetary penalties and definitions under the aforementioned Acts. 6. Mortgage and Registration Act, Cap. 134. This Bill seeks to, amongst other things, update the fees under this Act and bring certain provisions in line with the Civil Code Act, 2020. 7. Complaints Bureau Act, Cap 41. This Bill seeks to repeal this Act. The Complaints Bureau was established in 1991 to investigate complaints of administrative actions taken by any person or public authority on behalf of the Government. However, under the 1993 Constitution, the Office of the Ombudsman was established giving the Ombudsman the same and wider powers than the Complaints Bureau. In any event, this Bureau is not used by the public. 8. Public Holidays Act, Cap 190. This Bill seeks to give the President the power to amend the Schedule to this Act. 9. Anglican Church (Constitution of Anglican Diocese of Seychelles) Act, Cap. 7. This bill seeks to repeal section 10 of this Act because Article 910 of the Civil Code of Seychelles Act of 1976 was repealed by the Civil Code Act of 2020. 10. Seychelles National Institute for Culture Heritage and the Arts Act, 2021. This Bill seeks to make it clear that the National Monuments Act was repealed by the National Institute for Culture Heritage and the Arts Act. [15th July 2022] S tatute Law Revision 3 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL 11. Curatelle Act, 2021. This Bill seeks to, amongst other things, provide for a seal of the Curator; and the registration and publication in the Gazette of the revocation or dismissal of an executor. It also seeks to set a time limit for the winding up of succession opened prior to the enactment of the Curatelle Act of which an executor was appointed prior to 31st July, 2022. 12. Civil Code of Seychelles Act, 2020. This Bill seeks to align this Act with the Curatelle Act to make it clear that the Curator has powers to make orders in relation to the appointment of a fiduciary and an executor. It also seeks to make a permission granted by an owner of land to the State or a public body to develop a road or an access or any structure on the proprietor's land for the benefit of the public or a person an easement created by law or arising by law. 13. Immovable Property (Transfer Restriction) Act, Cap 95. This Bill seeks to provide for circumstances where an Association registered under Registration of Associations Act or any other written law, or an Association established outside Seychelles, shall be a non-Seychellois and hence, will require sanction to acquire immovable property in Seychelles. Dated this 15th day of July, 2022. FRANK D.R. ALLY ATTORNEY-GENERAL ——————— [15th July 2022] S tatute Law Revision 4 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL STATUTE LAW REVISION (MISCELLANEOUS AMENDMENTS) (No. 2) BILL, 2022 (Bill No. 15 of 2022) ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY SECTIONS 1. Short title PART 2 ADJUDICATION OF TITLES DECREE 2. Revision of the Adjudication of Titles Decree 3. Amendment of principal Act 4. Amendment of section 2 5. Amendment of section 31 PART 3 LAND REGISTRATION ACT 6. Revision of the Land Registration Act 7. Amendment of the principal Act 8. Amendment of section 2 9. Amendment of section 4 10. Amendment of section 6 11. Insertion of new section 6A 12. Insertion of new section 51A 13. Insertion of new section 53A 14. Amendment of section 56 15. Insertion of new Part VIA 16. Amendment to section 59 17. Amendment of section 60 18. Amendment of section 61 19. Amendment of section 72 20. Amendment of section 75 21. Amendment of section 84 22. Amendment of section 85 [15th July 2022] S tatute Law Revision 5 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL 23. Insertion of new section 86. 24. Amendment of section 100 25. Amendment of section 104 PART 4 LAND SURVEY ACT 26. Revision of the Land Survey Act 27. Amendment of section 2 28. Amendment of section 3 29. Amendment of section 11 30. Amendment of section 29 PART 5 CONDOMINIUM PROPERTY ACT 31. Revision of the Condominium Property Act 32. Amendment of section 2 33. Amendment of section 6 PART 6 RIGHT OF ACCESS TO ISLANDS ACT 34. Amendment of section 2 of the Right of Access to Islands Act PART 7 GEOLOGICAL AND SOIL SURVEYS ACT 35. Revision of the Geological and Soil Surveys Act 36. Amendment of section 2 37. Amendment of section 7 38. Amendment of section 10 PART 8 DELINEATION AND CLASSIFICATION OF THE DOMAINE PUBLIC ACT 39. Amendment of section 9 of the Delineation and Classification of the Domaine Public Act [15th July 2022] S tatute Law Revision 6 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL PART 9 MORTGAGE AND REGISTRATION ACT 40. Revision of the Mortgage and Registration Act 41. Repeal and replacement of section 3 42. Amendment of section 6 43. Amendment of section 7 44. Amendment of section 8 45. Amendment of section 9 46. Repeal of section 16 47. Amendment of section 23 48. Amendment of section 25 49. Amendment of section 37 50. Amendment of section 39 51. Amendment of section 53 52. Amendment of section 59 53. Amendment of section 60 54. Amendment of section 69 55. Amendment of section 74 56. Amendment of section 76 57. Amendment of section 77 58. Amendment of section 78 59. Amendment of section 79 60. Amendment of section 83 61. Amendment of section 84 62. Amendment of section 85 63. Amendment of section 86 64. Amendment of section 90 PART 10 NATIONAL SYMBOLS ACT 65. Revision of the National Symbols Act 66. Amendment of section 7 67. Amendment of section 8 PART 11 DISTRICT EMBLEMS ACT 68. Amendment of section 5 of the District Emblems Act [15th July 2022] S tatute Law Revision 7 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL PART 12 COMPLAINTS BUREAU ACT 69. Repeal of the Complaints Bureau Act 70. Effect of repeal PART 13 PUBLIC HOLIDAYS ACT 71. Amendment of section 5 of the Public Holidays Act PART 14 ANGLICAN CHURCH (CONSTITUTION OF ANGLICAN DIOCESE OF SEYCHELLES) ACT 72. Repeal of section 10 of the Anglican Church (Constitution of Anglican Diocese of Seychelles) Act PART 15 SEYCHELLES NATIONAL INSTITUTE FOR CULTURE HERITAGE AND THE ARTS ACT 73. Amendment of section 69 of the Seychelles National Institute for Culture Heritage and the Arts Act PART 16 CURATELLE ACT 74. Revision of the Curatelle Act 75. Amendment of section 3 76. Insertion of new section 4A 77. Amendment of section 25 78. Amendment of section 38 79. Amendment of section 41 80. Amendment of Second Schedule PART 17 CIVIL CODE OF SEYCHELLES ACT 81. Revision of the Civil Code of Seychelles Act [15th July 2022] S tatute Law Revision 8 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL 82. Amendment of article 816 of the Civil Code 83. Amendment of article 835 of the Civil Code PART 18 IMMOVABLE PROPERTY (TRANSFER RESTRICTION) ACT 84. Amendment of section 2 of the Immovable Property (Transfer Restriction) Act [15th July 2022] S tatute Law Revision 9 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL STATUTE LAW REVISION (MISCELLANEOUS AMENDMENTS) (No. 2) BILL, 2022 (Bill No. 15 of 2022) A BILL FOR AN ACT TO MAKE AMENDMENTS TO CERTAIN ENACTMENTS; AND TO REPEAL THE COMPLAINTS BUREAU ACT, CAP. 41. ENACTED by the President and the National Assembly. PART 1 PRELIMINARY Short title 1. This Act may be cited as the Statute Law Revision (Miscellaneous Amendments) (No. 2) Act, 2022. [15th July 2022] S tatute Law Revision 10 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL PART 2 ADJUDICATION OF TITLES DECREE Revision of the Adjudication of Titles Decree 2. In this Part, the “principal Act” means the Adjudication of Titles Decree, Cap. 1. Amendment of principal Act 3. The principal Act is amended by repealing the word “Decree”, wherever it appears, and substituting therefore the word “Act”. Amendment of section 2 4. Section 2 of the principal Act is amended by inserting in the proper alphabetical order, the following definition — ““Minister” means the Minister responsible for land;” Amendment of section 31 5. Section 31 of the principal Act is amended by inserting immediately after the words “this Act” the words “and may amend the Schedule”. PART 3 LAND REGISTRATION ACT Revision of the Land Registration Act 6. In this Part, the “principal Act” means the Land Registration Act, Cap. 107. Amendment of the principal Act 7. The principal Act is amended — (a) by repealing the word “advocate”, wherever it appears, and substituting therefor the words “an Attorney-at-Law”.; (b) by repealing the words “Adjudication of Title Decree”, wherever they appear, and substituting therefor the words “Adjudication of Title Act”. [15th July 2022] S tatute Law Revision 11 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 2 8. Section 2 of the principal Act is amended — (a) in the definition of “prescribed” by inserting immediately the word “rules” the words “or regulations”; (b) by repealing the definition of “transmission” and substituting therefor the following — “transmission” or “transmit” means the vesting or passing of land, a lease, a charge or any interest in land by operation of law on death or insolvency or otherwise howsoever of a registered proprietor, and includes the compulsory acquisition of land under any written law;” (c) by inserting in the proper alphabetical order, the following definition — ““executor” means executor of a will or a deceased person's estate confirmed or appointed, as the case may be, under the Curatelle Act, 2021; “Minister” means the Minister responsible for legal affairs;” Amendment of section 4 9. Section 4 of the principal Act is amended by repealing the words “in there shall be kept” and substituting therefor the words “and in which the Registrar shall keep the following registers, instruments and documents in such format as the Minister may direct”. Amendment of section 6 10. Section 6 of the principal Act is amended (a) by renumbering the existing section as subsection (1); (b) in subsection (1) — (i) in paragraph (e) by repealing the full stop and substituting therefore a semi-colon; [15th July 2022] S tatute Law Revision 12 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (ii) by inserting immediately after paragraph (e) the following new paragraph — “(f) he may require any person to produce any document that he deems necessary for the purposes of carrying out his functions including a copy of any document of identity, certificate or contract.” (c) by inserting immediately after subsection (1) the following as new subsection — “(2) The Registrar in exercising the powers under subsection (1) may use any electronic medium — (a) to send and receive any instrument or document; (b) to facilitate a hearing or an investigation; (c) to facilitate an inquiry where a person received a summon to appear and give any information or explanation to the Registrar in relation to land, a lease, or a charge, or any instrument, or other document or plan, and such person is not required to be in Seychelles; (d) to administer oaths or take an affidavit pursuant to subsection (1)(d) where the person is located in Seychelles; or (e) to facilitate any function of the Registrar under this Act. (3) The Registrar may issue guidelines or administrative directions for the efficient administration of subsection (2).” Insertion of new section 6A 11. The principal Act is amended by inserting immediately after section 6 the following as section 6A. — [15th July 2022] S tatute Law Revision 13 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL “Registrar may refuse to register instrument 6A.(1) An instrument presented for, or requiring, registration that is incomplete, materially defective or not in compliance with this Act shall not be considered to be in proper order for registration and may be rejected by the Registrar. (2) Where the Registrar rejects an instrument, the Registrar shall return the instrument and give written notice of the rejection and reasons for such rejection to the person presenting the instrument for registration. (3) Where the Registrar rejects an instrument and gives notice of rejection under subsection (2), the instrument may be resubmitted with the necessary amendment. (4) Any person who is aggrieved by the rejection may appeal the decision in accordance with section 96.” Insertion of new section 51A 12. The principal Act is amended by inserting immediately after section 51 the following as section 51A. — “Transfer of charged land 51A.(1) A transfer of land subject to a charge shall not be registered unless it is executed by the transferee and where in the instrument of charge a transfer of land is subject to the consent of the chargee, the consent thereto of the chargee shall be filed in the land registry or the consent may be given in the instrument of transfer. (2) On registration of a transfer or transmission of land that is subject to a charge under subsection (1) or (3) — (a) the charge shall be enforceable against the transferee as proprietor of the land; [15th July 2022] S tatute Law Revision 14 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (b) the transferee shall be bound by the charge as a security and liable to — (i) pay any moneys on the charge; (ii) perform any obligations under the charge; (iii) comply with the terms and conditions of the charge; and (iv) indemnify and keep harmless the person who granted the charge in respect of such moneys, obligations or terms and conditions. (3) Subject to subsection (2) and section 84(5)(c), where a charge is not in compliance with these provisions, a transfer may be registered without the consent of the chargee.” Insertion of new section 53A 13. The principal Act is amended by inserting immediately after section 53 the following as section 53A. — “Easement for public use or arising by law 53A.(1) Notwithstanding any other law, a proprietor of land may, by instrument in the prescribed form, create a right of way on his land or subject his land to the burden of a restrictive agreement for the benefit and enjoyment of the public subject to any encumbrances on the land designated as a right of way. (2) A right of way or restrictive agreement under this section may be subject to conditions. (3) A right of way or restrictive agreement under this section shall be registered as an encumbrance in the land register. [15th July 2022] S tatute Law Revision 15 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (4) Notwithstanding section 25, the Registrar may register as an encumbrance in the land register an easement arising by law.” Amendment of section 56 14. Section 56 of the principal Act is amended — (a) by renumbering the existing section as subsection (1); (b) by inserting immediately after subsection (1) the following new subsection — “(2) Any order made by the court under subsection (1) shall specify the title number of each parcel of land subject to the partition and the person to whom each of the parcel of land is allotted thereto.” Insertion of new Part VIA 15. The principal Act is amended by inserting immediately after Part VI the following new Part as Part VIA. — “Part VIA Fiduciary Recording of fiduciary 57A.(1) Where a person is appointed fiduciary of land or lease, the Registrar shall record the appointment of the fiduciary in the land register of the parcel of land with the addition of the words “(insert the name(s)) as fiduciary”. (2) Where a person is appointed as fiduciary of land or lease, he shall hold same subject to the terms of his appointment under the document of appointment or in accordance with his right and obligations. (3) A fiduciary is appointed in respect of a parcel of land or a lease that is subject to co-ownership. [15th July 2022] S tatute Law Revision 16 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (4) No fiduciary shall be appointed in respect of an undivided share in land or lease. (5) The provisions of subsection (1) shall mutatis mutandis apply to a resignation, or an order of dismissal, revocation or substitution, of fiduciary.” Amendment of section 59 16. Section 59 of the principal Act is amended by inserting immediately after subsection (2) the following new subsections — “(3) An instrument shall in respect of a natural person who is a party to the transaction in the instrument contain the Seychelles identity number of that person or where the person is not a Seychellois citizen or resident in Seychelles, the bio-data of his valid passport or any other document of identity. (4) Where a natural person is not in possession of any document of identity, the person verifying the execution of the instrument by that party under section 60 or 61 shall make a declaration to such effect. (5) The Registrar may request a copy of the document of identity of the person verifying the execution of the instrument under subsection (4).” Amendment of section 60 17. Section 60 of the principal Act is amended — (a) in subsection (1) — (i) by repealing the words “barrister, attorney,” and substituting therefor the words “Attorney-at-Law”; (ii) by repealing the words “justice of the peace,”; (b) by inserting immediately after subsection (2) the following new subsection — [15th July 2022] S tatute Law Revision 17 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL “(3) Notwithstanding subsection (2)(b) or any other law, an instrument executed in any country may be executed in the presence of a notary or Attorney-at-Law practicing in Seychelles.” Amendment of section 61 18. Section 61 of the principal Act is amended — (a) by renumbering the existing section as subsection (1); (b) by inserting immediately after subsection (1) the following new subsection — “(2) For the purposes of subsection (1), “mark” includes affixing the party's thumbprint and where he does not have a thumb, the print of any other finger.” Amendment of section 72 19. Section 72 of the principal Act is amended — (a) by renumbering subsections (3) and (4) as subsections (11) and (12), respectively; (b) by repealing sections (1) and (2) substituting therefor the following — “(1) When a proprietor dies, the Registrar on the application of the executor in the prescribed form accompanied by a certified copy of the appointment of executor shall, — (a) delete the name of the deceased proprietor from the register; and (b) register as the proprietor by transmission in the place of the deceased proprietor the executor with the words “(insert name/s of executor) as executor of the will/estate of (insert name, surname and alias of the deceased proprietor)”. [15th July 2022] S tatute Law Revision 18 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (2) Where the executor has been registered as the proprietor, no person claiming under the will or intestacy or otherwise shall be registered as proprietor thereof unless and until a transfer thereof under subsection 7(a) has been executed and registered. (3) Notwithstanding subsection (1), the Registrar may at any time, upon the registration of an order of appointment of an executor or the publication in the Gazette of the appointment of the executor under section 23 of the Curatelle Act, 2021, or on the application of the Curator under section 38(4) of the Curatelle Act — (a) delete the name of the deceased proprietor from the register; and (b) register the executor as the proprietor by transmission in the place of the deceased proprietor with the words “(insert name/s of executor) as executor of the will/estate of (insert name, surname and alias of the deceased proprietor)”. (4) Any fee payable for registration under subsection (2) shall be recovered in accordance with section 103. (5) No person making a claim to the land, lease or charge under a will or intestacy or otherwise shall be registered as a proprietor thereof unless and until the transfer is made in accordance with subsection 7(a) has been executed and registered. (6) The provisions of this section shall apply to an order of dismissal, revocation or substitution of executor. (7) Upon registration of an executor as the proprietor, the Registrar may register — (a) any transfer by the executor in pursuance of the will or by way of distribution under [15th July 2022] S tatute Law Revision 19 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL intestacy or in pursuance of an agreement between the persons entitled thereto or a contract entered into by the deceased proprietor; (b) any surrender of a lease of the deceased proprietor; (c) any discharge or cancellation of a charge of the deceased proprietor; (d) any other instrument by the executor pursuant to the executor's functions. (8) An instrument under subsection 7(a) may be executed by the executor without the heirs of the deceased proprietor or the legatee under the will of the deceased proprietor and registered by the Registrar where the transfer is in accordance with the law of succession on intestacy or in accordance with the will of the deceased proprietor, as the case may be, on condition that the instrument contains a declaration as shall be prescribed. (9) Upon request from the Registrar, the executor shall provide the Registrar with proof of consent of the heirs of the deceased proprietor on intestacy or legatees under the will to the transfer or a copy of any agreement or an extract of the agreement relating to distribution or transfer. (10) Subject to any restriction of his power of disposing of the land, lease or charge consisting the estate of the deceased proprietor that have been vested in the executor under this section, the executor shall hold the land, lease or charge subject to any liabilities, rights or interest which are unregistered but are nevertheless enforceable and subject to which the deceased proprietor held the same, but for the purpose of any dealing shall be deemed to have been registered as proprietor thereof with all the rights conferred by this Act on a proprietor who has acquired land, a lease or a charge, as the case may be, for valuable consideration.” [15th July 2022] S tatute Law Revision 20 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 75 20. Section 75 of the principal Act is amended — (a) by renumbering the existing section as subsection (1); (b) by inserting immediately after subsection (1) the following as new subsection — “(2) Where the Curator is registered as proprietor under this Act by virtue of a vesting order under the Curatelle Act, the Registrar shall without deleting the name of the proprietor make an entry in the land register of the parcel of land with the addition of the words “vested in the curator by order”. Amendment of section 84 21. Section 84 of the principal Act is amended — (a) by renumbering subsections (2) and (3) as subsections (3) and (4), respectively; (b) by inserting immediately after subsection (1) the following new subsection — “(2) An application for a restriction that is applied for without the consent of the proprietor shall be supported by an affidavit.” (c) by repealing subsection (4) and substituting therefor the following — “(4) Subject to this Act, a restriction expressed to endure for a particular period or until the occurrence of a particular event shall lapse on the expiration of the particular period or the occurrence of the particular event whereupon the Registrar shall remove the restriction.” (d) by inserting immediately after subsection (4) the following new subsections — [15th July 2022] S tatute Law Revision 21 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL “(5) The Registrar shall make and enter a restriction in any case where — (a) it appears to the Registrar that the power of the proprietor to deal with the land, lease or charge is restricted; (b) where a restriction be registered by operation of law or under the Immovable Property (Judicial Sales) Act; or (c) the proprietor has by agreement in writing in an instrument or in an application to the Registrar in the prescribed form to restrict or stay registration of any instrument affecting the land or dealing thereto without the consent or permission of any person. (6) An application under subsection (5)(c) may be made by the proprietor or a person with the consent or agreement of the proprietor. (7) A restriction registered under subsection (5) may be removed on the application of the person in favour of whom the restriction is registered or pursuant to subsection (4).” Amendment of section 85 22. Section 85 of the principal Act is amended by inserting immediately after subsection (2) the following new subsection — “(3) Subsection (1) shall not apply to restrictions registered under section 84(5)(b) or (c).” Amendment of section 86 23. Section 86 of the principal Act is amended by inserting immediately after subsection (2) the following new subsection — “(3) The Registrar may, on application of any person interested in the land, lease or charge, extend the period for [15th July 2022] S tatute Law Revision 22 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL which a restriction is registered or register a second restriction.” Amendment of section 100 24. Section 100 of the principal Act is amended — (a) in subsection (1) by repealing the words “a fine not exceeding five thousand rupees” and substituting therefor the words “a fine of level 4 on the standard scale”; (b) in subsection (2) by repealing the words “a fine not exceeding ten thousand rupees” and substituting therefor the words “a fine of level 5 on the standard scale”. Amendment of section 104 25. Section 104 of the principal Act is amended — (a) by inserting immediately after the words “The Minister may make rules” the words “or regulations”; (b) by inserting immediately after the words “which under this Act may be prescribed” the words “, and to amend any Schedule”. PART 4 LAND SURVEY ACT Revision of the Land Survey Act 26. In this Part, the “principal Act” means the Land Survey Act, Cap. 109. Amendment of section 2 27. Section 2 of the principal Act is amended — (a) by inserting in the proper alphabetical order, the following definition — ““Minister” means the Minister responsible for land;” [15th July 2022] S tatute Law Revision 23 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (b) in the definition “outlying islands” by repealing the words “the First Schedule to the Peace Officers (Inner Islands and Outlying Islands) Act” and substituting therefor the words “a notice, published in the Gazette, by the Minister”; (c) in the definition “owner” by repealing the words “or Article 513”. Amendment of section 5 28. Section 5 of the principal Act is amended by repealing the words “21 years” and substituting therefor the words “18 years”. Amendment of section 11 29. Section 11 of the principal Act is amended by repealing the words “a fine not exceeding R 10, 000” and substituting therefor the words “a fine of level 2 on the standard scale”. Amendment of section 29 30. Section 29(2) of the principal Act is amended by repealing the words “a fine not exceeding one thousand rupees” and substituting therefor the words “a fine of level 2 on the standard scale”. PART 5 CONDOMINIUM PROPERTY ACT Revision of the Condominium Property Act 31. In this Part, the “principal Act” means the Condominium Property Act, Cap. 41A. Amendment of section 2 32. Section 2 of the principal Act is amended by inserting in the proper alphabetical order, the following definitions — ““Minister” means the Minister responsible for condominium property; “Register of Condominium Property” means the register established under section 6;” [15th July 2022] S tatute Law Revision 24 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 6 33. Section 6 of the principal Act is amended by repealing the words “which shall be in such form as may be prescribed” and substituting therefor the words “in such form and format as the Registrar may determine”. PART 6 RIGHT OF ACCESS TO ISLANDS ACT Amendment of section 2 of the Right of Access to Islands Act 34. Section 2 of the Right of Access to Islands Act, Cap. 204 is amended — (a) in the definition of “Government officer” by repealing the words “a justice of the peace,”; (b) by inserting in the proper alphabetical order, the following definition ““Minister” means the Minister responsible for legal affairs;” PART 7 GEOLOGICAL AND SOIL SURVEYS ACT Revision of the Geological and Soil Surveys Act 35. In this Part, the “principal Act” means the Geological and Soil Surveys Act, Cap. 89. Amendment of section 2 36. Section 2 of the principal Act is amended by inserting immediately after the words “the Minister” the words “responsible for land”. Amendment of section 7 37. Section 7 of the principal Act is amended by repealing the words “a fine not exceeding one thousand rupees” and substituting therefor the words “a fine of level 3 on the standard scale”. [15th July 2022] S tatute Law Revision 25 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 10 38. Section 10 of the principal Act is amended by repealing subsection (2). PART 8 DELINEATION AND CLASSIFICATION OF THE DOMAINE PUBLIC ACT Amendment of section 9 of the Delineation and Classification of the Domaine Public Act 39. Section 9 of the Delineation and Classification of the Domaine Public Act, Cap. 60 is repealed and substituted therefor the following — “Definitions 9. In this Act “Minister” means Minister responsible for land; “outlying island” means any of the outlying islands listed in a notice, published in the Gazette, by the Minister.”. PART 9 MORTGAGE AND REGISTRATION ACT Revision of the Mortgage and Registration Act 40. In this Part, the “principal Act” means the Mortgage and Registration Act, Cap. 134. Repeal and replacement of section 3 41. Section 3 of the principal Act is repealed and substituted therefor the following — “Office hours 3. The Mortgage and Registration Office shall be open to the public at such times as the Registrar of Deeds may determine.” Amendment of section 6 42. Section 6 of the principal Act is amended by inserting [15th July 2022] S tatute Law Revision 26 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL immediately after the words “Mortgage and Registration Office such” the words “principal registration officers and”. Amendment of section 7 43. Section 7 of the principal Act is amended by inserting immediately after the words “The Assistant Registrar” the words “, principal registration officer”. Amendment of section 8 44. Section 8 of the principal Act is amended by inserting immediately after the words “the Assistant Registrar” the words “, principal registration officer”. Amendment of section 9 45. Section 9 of the principal Act is amended — (a) in subsection (1) by repealing the words “the senior clerk” and substituting therefor the words “the principal registration officer or senior clerk”; (b) in subsection (2) by repealing the words “and a senior clerk” and substituting therefor the words “a principal registration officer or a senior clerk”. Repeal of section 16 46. Section 16 of the principal Act is repealed. Amendment of section 23 47. Section 23(2) of the principal Act is amended — (a) by repealing the word “attorney” and substituting therefor the words “Attorney-at-Law”; (b) by repealing the words “five hundred rupees” and substituting therefor the words “a fine of level 1 on the standard scale”. [15th July 2022] S tatute Law Revision 27 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 25 48. Section 25 of the principal Act is amended by repealing the words “articles 2127 and 2128” and substituting therefor the words “article 2127”. Amendment of section 37 49. Section 37 of the principal Act is amended in the definition of “prescribed” by inserting immediately after the words “made by the Minister” the words “responsible legal affairs”. Amendment of section 39 50. Section 39(5) of the principal Act is amended by repealing the words “one hundred rupees” and substituting therefor the words “SCR 1, 000”. Amendment of section 53 51. Section 53 of the principal Act is amended by inserting immediately after the words “The Minister” the words “responsible for legal affairs”. Amendment of section 59 52. Section 59 of the principal Act is amended by repealing the words “R 1” and substituting therefor the words “SCR 25”. Amendment of section 60 53. Section 60 of the principal Act is amended by repealing the words “attorneys” and substituting therefor the words “Attorneys-at-Law”. Amendment of section 69 54. Section 69 of the principal Act is amended — (a) by repealing the words “attorneys”, wherever they appear, and substituting therefor the words “Attorneys-at-Law”; (b) in paragraph (a) by repealing the words “People's Assembly” and substituting therefor the words “National Assembly”; [15th July 2022] S tatute Law Revision 28 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (c) in paragraph (u) by inserting immediately after the words “order made by the Minister” the words “responsible for legal affairs”. Amendment of section 74 55. Section 74 of the principal Act is amended — (a) in subsection (1) by repealing the word “attorneys” and substituting therefor the words “Attorneys-at-Law”; (b) in subsection (2) by repealing the words “R 5” and substituting therefor the words “SCR 25”. Amendment of section 76 56. Section 76 of the principal Act is amended — (a) in subsection (2) by repealing the word “R 3” and substituting therefor the words “SCR 25”; (b) in subsection (4) by repealing the words “twenty rupees” and substituting therefor the words “SCR 500”. Amendment of section 77 57. Section 77(2) of the principal Act is amended by repealing the words “twenty rupees” and substituting therefor the words “SCR 500”. Amendment of section 78 58. Section 78 of the principal Act is amended by repealing the words “R 20”, wherever they appear, and substituting therefor the words “SCR 500”. Amendment of section 79 59. Section 79 of the principal Act is amended by repealing the words “R 10” and substituting therefor the words “SCR 100”. Amendment of section 83 60. Section 83 of the principal Act is amended by repealing the words “R 5” and substituting therefor the words “SCR 50”. [15th July 2022] S tatute Law Revision 29 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 84 61. Section 84 of the principal Act is amended by repealing the words “a fine not exceeding R 2000” and substituting therefor the words “a fine of level 3 on the standard scale”. Amendment of section 85 62. Section 85 of the principal Act is amended by repealing the words “R 50” and substituting therefor the words “SCR 1, 000”. Amendment of section 86 63. Section 86 of the principal Act is amended — (a) by repealing the word “twenty rupees” and substituting therefor the words “SCR 500”; (b) by repealing the words “fifty rupees” and substituting therefor the words “SCR 1, 000”. Amendment of section 90 64. Section 90 of the principal Act is amended by inserting immediately after the words “It shall be lawful for the Minister” the words “responsible for legal affairs”. PART 10 NATIONAL SYMBOLS ACT Revision of the National Symbols Act 65. In this Part, the “principal Act” means the National Symbols Act, Cap. 146. Amendment of section 7 66. Section 7 of the principal Act is amended by repealing the words “a fine of R25, 000” and substituting therefor the words “a fine of level 5 on the standard scale”. Amendment of section 8 67. Section 8 of the principal Act is amended in subsection (4) by [15th July 2022] S tatute Law Revision 30 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL repealing the words “a fine of R25, 000” and substituting therefor the words “a fine of level 5 on the standard scale”. PART 11 DISTRICT EMBLEMS ACT Amendment of section 5 of the District Emblems Act 68. Section 5 of the District Emblems Act, Cap. 261, is amended by repealing the words “a fine of R25, 000” and substituting therefor the words “a fine of level 5 on the standard scale”. PART 12 COMPLAINTS BUREAU ACT Repeal of the Complaints Bureau Act 69. The Complaints Bureau Act, Cap. 41 is repealed. Effect of repeal 70. The officers of the Complaints Bureau are not entitled to claim any compensation for the premature termination of the term of their office or of any contract of service. PART 13 PUBLIC HOLIDAYS ACT Amendment of section 5 of the Public Holidays Act 71. Section 5 of the Public Holidays Act, Cap. 190, is amended — (a) by renumbering the existing section as subsection (1); (b) by inserting immediately after subsection (1) the following as new subsection — “(2) The President may by Order published in Gazette amend the Schedule.” [15th July 2022] S tatute Law Revision 31 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL PART 14 ANGLICAN CHURCH (CONSTITUTION OF ANGLICAN DIOCESE OF SEYCHELLES) ACT Repeal of section 10 of the Anglican Church (Constitution of Anglican Diocese of Seychelles) Act 72. Section 10 of the Anglican Church (Constitution of Anglican Diocese of Seychelles) Act, Cap. 7, is repealed. PART 15 SEYCHELLES NATIONAL INSTITUTE FOR CULTURE HERITAGE AND THE ARTS ACT Amendment of section 69 of the Seychelles National Institute for Culture Heritage and the Arts Act 73. Section 69(1)(e) of the Seychelles National Institute for Culture Heritage and the Arts Act, 2021 is repealed and substituted therefor the following — “(e) the National Monuments Act (Cap. 140);”. PART 16 CURATELLE ACT Revision of the Curatelle Act 74. In this Part, the “principal Act” means the Curatelle Act, 2021. Amendment of section 3 75. Section 3 of the principal Act is amended by inserting immediately after subsection (11) the following new subsection — “(12) The Attorney General shall cause a notice of an appointment made under this section to be published in the Gazette.” Insertion of new section 4A 76. The principal Act is amended by inserting immediately after section 4 the following as section 4A. — [15th July 2022] S tatute Law Revision 32 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL “Seal of the Curator 4A. The Curator shall have a seal and every document purporting to bear the imprint of such seal shall be received into evidence and, unless the contrary is shown, shall be deemed without further proof, to have been issued by or under the direction of the Curator.” Amendment of section 25 77. Section 25 of the principal Act is amended by inserting immediately after subsection (5) the following new subsection — “(6) The Registrar shall as soon as possible after the revocation or dismissal of an executor — (a) give notice of the dismissal or revocation to the Curator; (b) cause an extract of the order of revocation or dismissal of the executor to be registered at the Mortgage and Registration Office; and (c) cause the publication in the Gazette, a notice substantially in the form prescribed in Form 1A of the Second Schedule of the revocation or dismissal of the executor.” Amendment of section 38 78. Section 38 of the principal Act is amended — (a) by repealing subsection (4) and substituting therefor the following — “(4) Where a person is appointed as executor of a succession that consists of land registered under the Land Registration Act (Cap 107), the land registrar shall on the written application of the Curator register the executor of the estate of the deceased proprietor as such in the land register of any parcel of land registered in the land register in the name of the deceased.” [15th July 2022] S tatute Law Revision 33 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (b) by repealing subsection (6) and substituting therefor the following — “(6) Where a person is appointed as fiduciary of land that is registered under the Land Registration Act (Cap. 107), the land registrar shall on the written application of the Curator record the appointment of the fiduciary in the land register of the parcel of land specified in the document of appointment.” Amendment of section 41 79. Section 41 of the principal Act is amended by inserting immediately after subsection (4) the following new subsections — “(5) Notwithstanding section 24(1), an executor appointed before the 31 July 2022 shall fulfil the executor's functions pursuant to this Act and wind up the succession within 24 months from the 1 August 2022. (6) Section 24(2), (3) and (4) shall apply to subsection (5).” Amendment of Second Schedule 80. The Second Schedule to the principal Act is amended by inserting immediately after Form 1 the following — FORM 1A (Section 25 (6)) Curatelle Act Notice of Revocation/Dismissal of Executor Notice is hereby given that on the [insert date], a Judge of the Supreme Court of Seychelles revoked/dismissed [insert name] of [insert address] [insert identity number] as executor of the succession of [insert name of the deceased and any alias] under section 25(8) of the Curatelle Act/article 835(2) of the Civil Code of Seychelles. Dated this ....…. day of ….....…., 20…… Registrar of the Supreme Court [15th July 2022] S tatute Law Revision 34 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL PART 17 CIVIL CODE OF SEYCHELLES ACT Revision of the Civil Code of Seychelles Act 81. In this Part, the “Civil Code” means the Civil Code of Seychelles Act, 2020. Amendment of article 686 of the Civil Code 82. Article 686 of the Civil Code is amended by inserting immediately after paragraph (2) the following new paragraph — “(3) A permission granted by an owner of land to the State or a public body to develop a road or an access or any structure on his land for the benefit of the public or a person shall be deemed to be an easement created by law or arsing by law.” Repeal and replacement of article 835 of the Civil Code 83. Article 835 of the Civil Code is repealed and substituting therefor the following — “(1) The Curator may, on application by an interested party or the Attorney General, make such orders relating to the appointment of a fiduciary or executor or to the management of a fiduciary or executor as it thinks fit, notwithstanding any term to the contrary in the instrument of appointment of the fiduciary or executor. (2) A Judge may, on application by an interested party, the Curator or the Attorney General, make such orders relating to the dismissal or revocation of appointment of a fiduciary or executor.” PART 18 IMMOVABLE PROPERTY (TRANSFER RESTRICTION) ACT Amendment of section 2 of the Immovable Property (Transfer Restriction) Act 84. Section 2 of the Immovable Property (Transfer Restriction) Act, Cap. 95 is amended in the definition of “non-Seychellois” as follows — [15th July 2022] S tatute Law Revision 35 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (a) by renumbering paragraph (i) as paragraph (j); (b) by repealing the words “paragraph (i)”, wherever they appear, and substituting therefor the words “paragraph (j)”; (c) by inserting immediately after paragraph (h) the following new paragraph — “(i) an association established under the laws of Seychelles — (i) which is a foreign association; (ii) which its founder or any officer of its executive committee (excluding its auditor) or any of its members is a person referred to in paragraph (a) to (j);”