Interpretation Act, 2009

INTERPRETATION ACT, 2009 (ACT 792) 1
REPUBLIC OF GHANA
T H E S E V E N H U N D R E D A N D N I N E T Y- S E C O N D
ACT
O F T H E PA R L I A M E N T O F T H E R E P U B L I C O F G H A N A
ENTITLED
INTERPRETATION ACT, 2009

Published by Government Gazette on (exact date unavailable)
Assented to on 31 December 2009
Commenced on (exact date unavailable)
AN ACT to revise and consolidate the law relating to the operation, construction and interpretation of
enactments and for related matters.
ENACTED by the President and Parliament
Interpretation
1. Meaning of certain expressions

In this Act, unless the context otherwise requires,
"Act" means an Act of Parliament;
"assent" means the assent of the President under article 1 07 of the Constitution;
"common law" has the meaning assigned to it by article 11 of the Constitution;
"Constitution" means the Constitution of the Republic;
"Court" means a court of competent jurisdiction;
"constitutional instrument" means an instrument made pursuant to a power conferred in that behalf
by the Constitution;
"enact" includes to issue, make or establish;
"enactment" means an Act of Parliament, or a statutory instrument, or a constitutional instrument, or

a provision of an Act of Parliament, or of a constitutional instrument, or of a statutory instrument;
"executive instrument" means
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(a) an instrument specified by an Act of Parliament as an executive instrument, or
(b) a statutory instrument which is of an administrative character or of an executive character and

is not an instrument
(i) of a judicial character, or
(ii) of a legislative character;
"instrument" includes a notice, Rules, Regulations, By-Laws or a Proclamation, an order, or a

warrant, other than an order made, or a warrant issued, by a Court;
"legislative instrument" means a statutory instrument that is legislative in character;
"President" means the President of the Republic;
"private Act" means an Act for the purpose of affecting or benefiting a particularperson;
"statutory instrument" means an instrument made, whether directly or indirectly, under a power
conferred by an Act of Parliament;
"statutory document" means a document issued under an Act, other than a statutory instrument or
an order of a Court.
2. Application of this Act

(1) This Act applies to an enactment whether enacted before or after the coming into force of this
Act, to a legislative measure continued in force by the Constitution, and an instrument made
directly or indirectly under an enactment unless a contrary intention appears in that enact‐
ment, measure or instrument.
(2) This Act applies to this Act and to an enactment specified in subsection (1) and references in
this Act to an enactment so passed shall be construed accordingly.
3. Application of rules of construction

This Act shall not be construed as excluding the application to an enactment of a rule of
interpretation or construction applicable to that enactment and not inconsistent with this Act.
4. Words of enactment
(1) The words of enactment shall follow the preamble where there is one, and after the long title
to the Act, and the several sections within the body of the Act shall follow in a concise and
enunciative form.
(2) In a Bill presented to the President for the assent, the words of enactment shall be, "Passed
by Parliament and assented to by the President".
Public and Private Acts
5. Public Acts
(1) An Act is a public Act and shall be judicially noticed as a public Act; unless the contrary is
expressly provided by the Act.
(2) An Act shall bear at the head a Short Title immediately followed by the Long Title describing
the scope of the Act.

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(3) As soon as a Bill is passed by Parliament, the text of the Bill as passed shall be sent by the
Clerk of Parliament to the Government Printer, who shall print four copies of the Bill on vellum
paper or on paper of enduring quality and send the copies to the Clerk.
(4) On receiving the copies, the Clerk shall carefully compare them with the text of the Bill as
passed and if the Clerk finds the copies to be correct, shall sign on each copy a statement in
the form set out in the First Schedule, and shall send the copies so authenticated to the
President for the assent.
(5) Where the Bill was passed in accordance with the relevant provisions of article 108 of the
Constitution, the Clerk shall, before causing the copies to be presented to the President,
submit them to the Speaker who, if satisfied that the Bill was passed in accordance with the
Constitution shall sign on each copy a certificate in the Form set out in the First Schedule.
(6) After the assent, the Clerk shall enter on the copies the appropriate number of the Act.
(7) Acts shall continue to be numbered consecutively from the establishment of the First
Republic in accordance with the order in which they became Acts, and the numbering shall
not begin afresh at the commencement of a calendar year, a new Parliament or any other
period.
(8) Each of the copies as assented to by thePresident constitutes an original copy of the Act and
shall be conclusive evidence of the terms of the Act, its number and the date of assent.
(9) The original copy of the Act shall be kept respectively by thePresident, the Speaker, the
Chief Justice and the National Archives.
(10) A copy of an Act, other than an original copy, purporting to have been printed or published by
the Government Printer, is prima facie evidence of the terms of the Act, its number and the
date of assent.
6. Provisions in private Acts

A provision in a private Act does not affect the rights of aperson not specifically mentioned in the
private Act.
7. Application of enactments
An enactment shall, unless the contrary intention appears, apply to the whole of the Republic.
8. References to the President, Republic

(1) A reference in an enactment to the President shall be construed as a reference to the
President for the time being in office.
(2) An enactment does not bind or in any manner affect the Republic or the rights and
prerogatives of the Republic unless it is expressly stated in the enactment that the Republic is
bound by it.
(3) This Act binds the Republic.
(4) A private Act shall be construed as containing a saving of the rights of the Republic.
9. Substantive enactments
A provision of an enactment has effect as a substantive enactment without introductory words.

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Aids to construction
10. Aids to interpretation or construction

(1) Where a Court is concerned with ascertaining the meaning of an enactment, the Court may
consider
(a) the indications provided by the enactment as printed, published and distributed by the
Government Printer;
(b) a report of a Commission, committee or any other body appointed by theGovernment

or authorised by Parliament, which has been presented to the Government or laid
before Parliament as well as Government White Paper;
(c) a relevant treaty, agreement, convention or any other international instrument which
has been ratified by Parliament or is referred to in the enactment of which copies have
been presented to Parliament or where the Government is a signatory to the treaty or
the other international agreement; and the travaux preparatoires or preparatory work
relating to the treaty or the agreement, and
(d) an agreement which is declared by the enactment to be a relevant document for the
purposes of that enactment.
(2) A Court may, where it considers the language of an enactment to be ambiguous or obscure,
take cognisance of
(a) the legislative antecedents of the enactment;
(b) the explanatory memorandum as required by article 106 of the Constitution and the
arrangement of sections which accompanied the Bill;
(c) pre-parliamentary materials relating to the enactment;
(d) a text-book, or any other work of reference, a report or a memorandum published by

authority in reference to the enactment, and the papers laid before Parliament in refer‐
ence to the enactment;
(e) the parliamentary debates prior to the passing of the Bill inParliament.
(3) Subject to article 115 of the Constitution, a Court shall have recourse to parliamentary
debates under subsection (2), where the legislative intention behind the ambiguous or
obscure words is clearly disclosed in the parliamentary debate.
(4) Without prejudice to any other provision of this section, a Court shall construe or interprete a
provision of the Constitution or any other law in a manner
(a) that promotes the rule of law and the values of good governance,
(b) that advances human rights and fundamental freedoms,
(c) that permits the creative development of the provisions of the Constitution and the laws
of Ghana, and
(d) that avoids technicalities and recourse to niceties of form and language which defeat
the purpose and spirit of the Constitution and of the laws of Ghana.
11. References in enactments

(1) A reference in an enactment to any other enactment shall be construed as a reference to that
other enactment as amended by or under any other enactment, including the enactment in

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which the reference is made.
(2) A reference in an enactment to a statute of general application or to an instrument made

under that statute, shall be construed as a reference to that statute or instrument as it applies
to the Republic; and that statute or instrument shall be read with the requisite alteration,
modification or adaptation so as to make that statute or instrument applicable to the
circumstances.
(3) Where in an enactment reference is made to a provision of astatute of general application

and that provision is subsequently repealed and re-enacted without substantial modification
that reference shall, if the context so requires, be construed as a reference to the provision as
so re-enacted.
(4) A reference in an enactment by number or letter to a Chapter, Part, section, subsection,

paragraph, sub-paragraph or other division of any other enactment or a statute of general
application shall be construed as a reference to that Chapter, Part, section, subsection,
paragraph, sub-paragraph or other division of that other enactment or statute as printed by
authority.
(5) A reference in an enactment by number or letter to two or more Chapters, Parts, divisions,
sections, subsections, paragraphs, sub-paragraphs, Schedules, instruments or forms shall be
construed as including the number or letter first mentioned and the number or letter last
mentioned.
(6) Where in an enactment reference is made to a Chapter, Part, division, section, Schedule or
form without anything in the context to indicate that a reference to a Chapter, Part, division,
section, Schedule or form of some other enactment is intended, the reference shall be con‐
strued as a reference to the Chapter, Part, division, section, Schedule or form of the
enactment in which the reference is made.
(7) Where in a section of an enactment reference is made to a subsection, paragraph, sub-

paragraph 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, sub-
paragraph or other division of the section in which the reference is made.
(8) Where in a Schedule or part of a Schedule to an enactment reference is made to a

paragraph, sub-paragraph or other division without anything in the context to indicate that a
reference to a paragraph, sub-paragraph or other division of some other enactment or
division is intended, the reference shall be construed as a reference to the paragraph, sub-
paragraph or other division of the Schedule or the part of the Schedule in which the reference
is made.
(9) Where in an enactment reference is made to a statutory instrument or a statutory document,

without anything in the context to indicate that a reference to a statutory instrument or a
statutory document made under some other enactment is intended, the reference shall be
construed as a reference to the statutory instrument or the statutory document made under
the enactment in which the reference is made.
(10) A reference in an enactment to a power exercisable, or to a statutory instrument or a statutory

document made or issued or an act or a thing done, under an enactment or a statute of
general application, shall include a reference to a power exercisable, a statutory instrument or
a statutory document made or issued or an act or a thing done, by virtue of that enactment or
statute or of a statutory instrument or of a statutory document made or issued under or by
virtue of that enactment or statute.

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12. Amending provisions

(1) An Act may be amended, altered or repealed in the samesession of Parliament.
(2) An amending enactment shall, so far as consistent with its tenor, operate and be construed
as part of the enactment which it amends and, without prejudice to subsection (1) of section
11 shall, as from the date on which it comes into operation, have effect accordingly for the
purpose of the construction and operation of any other enactment which refers to, or is
incorporated with, the enactment which it amends.
(3) A reference in an enactment to any other enactment shall be construed as a reference to the
other enactment as amended by a provision, including a provision contained in the
enactment in which the reference is made or in a later enactment.
(4) Where an enactment is repealed or revoked and another enactment is substituted by way of
amendment, revision or consolidation, a reference to the repealed or revoked enactment shall
be construed as a reference to the substituted enactment.
(5) Where an enactment applies another enactment, whether with or without modification, and
the applied enactment is subsequently repealed or revoked the applied enactment shall
continue to apply according to the terms of the enactment which applies it, despite the repeal
or the revocation.
(6) Where an enactment is amended, the Attorney-General ma authorise the reprinting or the
revision of the enactment as amended i so far as the reprinting or the revision does not affect
the matter (substance of the enactment as amended.
(7) Where an enactment is reprinted or revised under sub section (6) a copy of the enactment as
so reprinted or revised shall have the for of law effective from the date of the reprinting or
revision if
(a) the date of the reprinting or revision is set out on the copy and
(b) the copy purports to be printed by the Government Printer
Operation of enactments
13. Long title and preamble

The long title and the preamble form part of an Act intended to assist in explaining the intent and
object of the Act.
14. Punctuation
Punctuation forms part of an enactment and may be used as aid to its construction.
15. Headings
Titles placed at the head or beginning of a subdivision' of an enactment and notes and references
placed before the beginning of a provision are intended for convenience of reference only but may
be as an aid to construction of the enactment.
16. Descriptive words

Words in an enactment descriptive of another enactment are intended for convenience of reference
only and shall not be used as an aid to the construction of the enactment to which they refer.

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17. Date of commencement of enactments

(1) The date of the commencement or coming into force of an Act is the date in accordance with
clause (11) of article 106 of the Constitution on which it is published in the Gazette or as
otherwise specified in the Act.
(2) The day, month and year of the assent shall be inscribed on an Act and that inscription is
part of the Act.
(3) The date of the making of a statutory instrument is the date expressed as the date of the
making of the instrument, but where the instrument is made by two or more authorities jointly
and is expressed to have been made by those authorities on different dates, the date of the
making of the instrument is the last date so expressed.
(4) Where a statutory instrument made by an authority or aperson requires the concurrence or
approval of any other authority or person, the concurrence or approval shall be formally
inscribed on the instrument.
18. Publication and Commencement

(1) An enactment shall be published in the Gazette and subject to section 17, and unless the
enactment otherwise provides, shall take effect and come into operation on the date of the
publication.
(2) Where an enactment is expressed to come into force or operation on a particular day, or
where the enactment is a statutory instrument, on the making of the instrument, and whether
that day is named in the enactment or is to be appointed or fixed or ascertained in any other
manner, the enactment shall be construed as coming into force immediately on the expiration
of the day before that particular day.
(3) Where an Act provides
(a) that it is to come into force or operation on a day or date to be fixed or determined, or
appointed by Proclamation, or other statutory instrument; or
(b) that it is not to come into force or operation until aday or date to be so fixed,
determined or appointed,
that Proclamation or other statutory instrument
(c) may apply to the whole of, or to a provision of, the Act, and may be issued at different
times in respect of that provision, or (d) may specify different dates in respect of
different provisions of the Act.
(4) The date of the publication in theGazette of an enactment or any other instrument shall be
inscribed at the end of the enactment or instrument.
19. Expiration of enactments

(1) Where an enactment is expressed to expire or otherwise cease to have effect on a particular
day, the enactment shall, except as provided by subsection (2), be construed as ceasing to
have effect immediately on the expiration of that day.
(2) Where a Bill is introduced in a session of Parliament for the continuation of an Act limited to
expire in that session and the Act expires before the Bill receives in thatsession the assent
and is published in the Gazette, then, subject to subsection (3), that Act shall be deemed to
have continued as fully and effectively in operation as if the Bill had received the assent and

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been published in the Gazette before the Act expired.
(3) Subsection (2) shall not operate so as to render aperson liable under the provisions of an
Act which has expired to a penalty or forfeiture by reason of an act done by that person
before the date on which the Bill for the continuance of that Act receives the assent and is
published in the Gazette.
20. Exercise of powers before commencement

Where an enactment is not in force and it contains provisions conferring power to make Regulations
or to do any other thing, that power may, for the purpose of making the enactment effective on its
commencement, be exercised at any time before its commencement but Regulations so made or a
thing so done does not have an effect until the commencement of the enactment, except in so far
as may be necessary to make the enactment effective on its commencement.
21. Statutory functions

(1) Where an enactment confers a power or imposes a duty, the power may be exercised and
the duty shall be performed, as occasion requires.
(2) Where an enactment confers a power to make a statutory instrument, the power shall be
construed as including a power, exercisable in the like manner and subject to the like consent
and conditions, to amend, alter, rescind, or revoke that statutory instrument and to make other
statutory instruments.
(3) Where a power is given to a person or an authority to do an act or a thing, or enforce the
doing of an act or a thing, that power includes any other powers that are reasonably
necessary to enable that person or authority to do that act or thing, or enforce the doing of
that act or thing, or are incidental to the doing or enforcement of thatact or thing. .
(4) Where an enactment authorises or requires an act or a thing to be done collectively by more
than three persons, a majority of those persons may do that act or thing, unless a quorum is
fixed by that or any other enactment.
(5) A power conferred by an enactment to make a statutory instrument or issue a statutory

document may be exercised
(a) either in relation to the cases to which the power extends, or in relation to those cases
subject to specified exceptions, or in relation to any specified cases or classes of case;
and
(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 a less provision, whether by
way of exception or otherwise;
(ii) the same provision for the 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
enactment;
(iii) any other provision either unconditionally or subject to a specified condition.
(6) Where an enactment confers a power on a person or an authority to make a statutory

instrument, for a general purpose and also for a special purpose incidental to that power, the
enumeration of the special purposes shall not be construed as derogating from the generality
of the power conferred with respect to the general purpose.

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(7) Where an enactment confers a power to make a statutory instrument that power includes a
power to provide
(a) a punishment by way of a fine or a term of imprisonment or both or tocommunity

service for a contravention of a provision of that statutory instrument;
(b) that an offence against a provision of that statutory instrument may be tried summarily.
(8) A statutory instrument may be made
(a) by one authority under two or more separate powers;
(b) by two or more authorities jointly under one or more separate powers vested in each
or them.
(9) One statutory instrument may be made under powers variously expressed as powers to make
Rules, Regulations or any other different descriptions of legislative instrument or under
powers variously expressed as powers to make orders, or give directions or any other
different descriptions of executive instrument, and the provisions of the instrument may be
described as being of one of those descriptions.
(10) Subsection (11) shall apply in relation to a power expressed merely as a power to make a
legislative instrument or an executive instrument as it applies in relation to a power expressed
as a power to make a particular description of legislative instrument or executive instrument.
(11) Subsections (8), (9) and (10) do not authorise the making of a legislative instrument partly
under a power to make an executive instrument or the making of an executive instrument
partly under a power to make a legislative instrument.
22. Errors and omissions

(1) Where an enactment confers a power or imposes a duty on aperson to do an act or a thing
of an administrative or executive character or to make an appointment, the power or duty may
be exercised or performed in order to correct an error or omission in a previous exercise of
the power or the performance of the duty.
(2) The substantive rights of, or the procedures for redress by, aperson who has suffered loss or
damage or is otherwise aggrieved as a result of an omission or error corrected as is referred
to in subsection (1) shall not be affected as a result of the correction of that omission or error
and an investigation, a legal proceeding or a remedy in respect of a right, a privilege, an
obligation or a liability shall continue as if the omission or error had not been corrected.
23. Provisions as to holders of of ces

(1) Words in an enactment which authorise the appointment of aperson to an office confer, in
addition, on the authority in whom the power is vested,
(a) a power, at the discretion of the authority, to remove or suspend thatperson;
(b) a power, exercisable in the manner and subject to the like consent and conditions
applicable to the appointment,
(i) to reappoint or reinstate that person,
(ii) to appoint any other person, whether substantively or in an acting capacity, and
judicially noticed, and shall authenticate a document to which it is affixed and
attested in accordance with the law applicable to the attestation of documents;

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(iii) the right to acquire and hold real or personal property for the purposes for
which the corporation is constituted and to dispose of or charge that property;
(iv) the right to regulate its own procedure and business; and
(v) the right, subject to article 195 of the Constitution, to employ the necessary staff
for the performance of its functions;
(b) to vest in a majority of the members of that body corporate the power, subject to a
quorum fixed by the enactment under which it is established or by the relevant
regulations or rules to bind the other members of that body corporate, but in an
important matter or question which has financial implications the quorum shall not be
less than two-thirds of the members of the governing body of that body corporate; and
(c) to exempt from personal liability for the debts, obligations or acts of that body which
are not offences committed by that body corporate, the members who do not
contravene the provisions of the enactment under which that body is established.
(2) Subsection (1) is subject to the operation of article 88 of the Constitution and does not
(a) prevent additional powers being conferred by an enactment on that body; or
(b) prevent the powers conferred by the subsection being limited by an enactment; or
(c) prejudice or affect the liability of a member of that body to be surcharged with the
payment of an amount which may be disallowed in the accounts of that body by an
auditor whether acting in pursuance of an enactment or otherwise.
24. Effect of words of incorporation

(1) Where an enactment contains words establishing, or providing for the establishment of, a
body corporate the words operate
(a) to vest in that body when established;
(i) the power to sue and be sued, to contract and be contracted with, by its
corporate name;
(ii) the right to have a common seal and to alter or change that seal, which
common seal shall be judicially noticed, and shall authenticate a document to
which it is affixed and attested in accordance with the law applicable to the
attestation of documents;
(iii) the right to acquire and hold real or personal property for the purposes for
which the corporation is constituted and to dispose of or charge that property;
(iv) the right to regulate its own procedure and business; and
(v) the right, subject to article 195 of the Constitution, to employ the necessary staff
for the performance of its functions;
(b) to vest in a majority of the members of that body corporate the power, subject to a
quorum fixed by the enactment under which it is established or by the relevant
regulations or rules to bind the other members of that body corporate, but in an
important matter or question which has financial implications the quorum shall not be
less than two-thirds of the members of the governing body of that body corporate; and
(c) to exempt from personal liability for the debts, obligations or acts of that body which
are not offences committed by that body corporate, the members who do not

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contravene the provisions of the enactment under which that body is established.
(2) Subsection (1) is subject to the operation of article 88 of the Constitution and does not
(a) prevent additional powers being conferred by an enactment on that body; or
(b) prevent the powers conferred by the subsection being limited by an enactment; or
(c) prejudice or affect the liability of a member of that body to be surcharged with the
payment of an amount which may be disallowed in the accounts of that body by an
auditor whether acting in pursuance of an enactment or otherwise.
25. Offences and penalties

(1) Where an act or omission constitutes an offence under two or more enactments or under an
enactment or at common law, the offender is liable to be prosecuted and punished under
either or any of those enactments or at common law, but shall not be punished twice for the
same offence.
(2) Where an offence under an enactment is committed by a body corporate, and the body
corporate is convicted, the director, the general manager, the secretary or any other senior
officer of that body corporate shall be deemed to have also committed that offence.
(3) A person shall not be convicted of an offence pursuant to subsection (2) where it is proved to
the satisfaction of the Court that, having regard to the nature of the offence,
(a) that person did not consent to, or did not connive at, the commission of the offence, or
(b) that person did exercise the degree of reasonable diligence as ought in the
circumstances to have been exercised to prevent the commission of the offence.
(4) For the purposes of subsections (2) and (3), a body corporate includes a firm or partnership
and those subsections shall be construed accordingly in the case of a firm or a partnership.
(5) Subsections (2) and (3) shall not operate so as to affect the liability of the members of the
body corporate.
(6) A person shall not be charged under subsection (2) except with the prior consent in writing of
the Attorney-General.
(7) An enactment creating criminal liability for an act or omission which, apart from that
enactment, would give rise to a civil liability shall not operate to prejudice the civil liability.
(8) Subsection (7) shall not be construed as excluding the application of a rule of law which
restricts the right to take civil proceedings in respect of an act or omission which constitutes a
criminal offence.
(9) Where an enactment provides a punishment for an offence against the enactment, the
offence is punishable by a punishment not exceeding that provided in the enactment.
(10) Where an enactment creates an offence, an attempt to commit that offence is an offence
under the enactment and the attempt is punishable as if the offence itself had been
committed.
(11) Where under an enactment an animal or a thing
(a) is or is ordered by a competent authority to be confiscated or forfeited, the forfeiture

sha1l be to the Republic;
(b) ordered or deemed to be forfeited is sold, the net proceeds of thesale shall be paid

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into and form part of the Consolidated Fund.
(12) Subsection (11) shall not prejudice an enactment under which the whole or a part of a
forfeiture or the proceeds of a forfeiture is, or are, recoverable by a person or may be granted
by an authority to a person.
(13) A fine or pecuniary penalty imposed by or under an enactment shall be paid into the
Consolidated Fund in accordance with article 160 of the Constitution.
(14) Where in an enactment an offence is declared to be triable on indictment or summarily, the

procedure in respect of the trial, the punishment for the offence, the recovery of the penalty
and the matters incidental to, or arising out of the trial and punishment of the offence or the
recovery of the penalty, shall be in accordance with the law relating to the trial of offences on
indictment or the trial of summary offences.
(15) Where in an enactment an offence is provided and a provision is not made as to whether the
offence is triable summarily or on indictment the offence shall be triable summarily.
26. Fines expressed as penalty units

The imposition of a fine as a penalty for the contravention of a provision in the enactment, shall be
expressed in terms of a number of penalty units.
27. Pecuniary value of a penalty unit

(1) For the purposes of section 26 one penalty unit is equivalent to the amount of cedis specified
in the Second Schedule.
(2) The Attorney-General may, by legislative instrument, amend the Schedule.
28. Procedures of Courts Rules of procedure of courts and tribunals

(1) Subject to clause (2) of article 157 of the Constitution, where an enactment confers
jurisdiction on a Court or a tribunal or extends or varies that jurisdiction, the authority having
power to make Regulations, Rules or Orders regulating the practice and procedure of that
Court or tribunal may make the Regulations, Rules or Orders that appear to the authority to
be necessary for regulating the practice and procedure of that Court or tribunal in the
exercise of the jurisdiction so conferred, extended or varied, and it shall not be necessary for
any other enactment to confer power on the authority to make Regulations, Rules or Orders
for these purposes.
(2) An authority empowered to make Regulations, Rules or Orders regulating the practice and
procedure of a Court or a tribunal shall not, in the exercise of that power, make without the
concurrence of the Minister responsible for Finance an order which
(a) directs money to be paid out of, or into theConsolidated Fund, or
(b) prescribes or alters cou11 fees.
(3) The validity of Regulations, Rules or Orders made pursuant to subsection (1) shall not in
proceedings in a Court or a tribunal be impugned by the Court or the tribunal or by a pa11y to
the proceedings on the ground only that the concurrence of the Minister responsible for
Finance has not been given or is not expressed to have been given.
29. Service of documents

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(1) Where an enactment authorises or requires a document to be served by post that document
shall be sent by registered post to the person on whom the document is to be served at that
person's last known place of abode or business.
(2) Where an enactment authorises or requires a document to be served on aperson without

directing it to be served in a particular manner the service of that document may be effected
(a) by personal service; or
(b) by post in accordance with subsection (1); or
(c) by leaving it with an adult person at that person's usual or last known place of abode,
occupation, vocation or business; or
(d) in the case of a corporate body or of an association of persons, whether incorporated

or not, by delivering it to the secretary or clerk of the body corporate or association at
the registered or principal office of the body corporate or association or serving it by
post on the secretary or clerk at that office; or
(e) where it is not practicable after reasonable enquiry to ascertain the name or address of
an owner, a lessee, or an occupier of premises on whom the document ought to be
served, by addressing the document to that person by the description of "owner" or
"lessee" or "occupier" of the premises (naming them) to which the document relates,
and .
(i) by delivering it to an adult person on the premises, or
(ii) by affixing it, or a copy of it, to a conspicuous part of the premises if anadult
person is not on the premises to whom it can be delivered.
30. Deviation in forms

Where a form is prescribed or specified by an enactment, deviations from that form not materially
affecting the substance and not calculated to mislead shall not invalidate the form used.
31. Oaths, af rmations and declarations

(1) Where an enactment authorises or requires evidence to be taken on oath, or authorises or
directs an oath to be made, taken or administered, the oath may be administered, and a
certificate or acknowledgement of it having been made, taken or administered may be given
by a person authorised by the enactment to take the evidence or by a judge of a Court or a
notary public, or a commissioner for oaths or a person so authorised by any other enactment.
(2) In an enactment the word "oath" or "affidavit" includes an affirmation or a declaration.
(3) A reference in an enactment to a statutory declaration shall be construed as a reference to a

declaration made
(a) by virtue of the enactment relating to statutory declarations; or
(b) under the enactment relating to the taking of evidence where the declaration is made
before the appropriate competent authority.
(4) A power conferred by an enactment upon a person to administer an oath or an affirmation, or

to take an affidavit or a declaration, may be exercised by a notary public or a commissioner
for oaths.
(5) Where by an enactment power is conferred to require evidence to be given on oath otherwise

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than in a Court, the power includes a power to administer an oath or take an affidavit or
statutory declaration.
32. Repeals Cessation of operation of enactments

Where in an enactment it is declared that the whole or a part of any other enactment is to cease to
have effect, that other enactment shall be deemed to have been repealed to the extent to which it is
so declared to cease to have effect.
33. Repeals and revocations

The repeal or revocation of an enactment which provides for a textual insertion in any other
enactment or amends any other enactment by operation of law shall not affect the insertion or
amendment and the text of the altered enactment shall continue to stand as altered despite the
repeal or revocation.
34. Effect of repeal

(1) Where an enactment repeals or revokes an enactment, the repeal or revocation shall not,
except as in this section otherwise provided,
(a) revive an enactment or a thing not in force or existing at the time at which the repeal or
revocation takes effect;
(b) affect the previous operation of the enactment that is repealed or revoked, or anything
duly done or suffered under the enactment;
(c) affect a right, a privilege, an obligation or a liability acquired, accrued or incurred under
the enactment that is repealed or revoked;
(d) affect an offence committed against the enactment that is repealed or revoked, or a
penalty or a forfeiture or a punishment incurred in respect of that offence; or
(e) affect an investigation, a legal proceeding or a remedy in respect of a right, a privilege,

an obligation, a liability, a penalty, a forfeiture or a punishment;
and the investigation, legal proceeding or remedy may be instituted, continued or enforced,
and the penalty, forfeiture or punishment may be imposed, as if the enactment had not been
repealed or revoked.
(2) Subsection (l) does not authorise the continuance in force after the repeal or revocation of an
enactment or of an instrument made under that enactment.
(3) Where an enactment expires, lapses or otherwise ceases to have effect, this section shall
apply as if that enactment had then been repealed or revoked.
(4) The inclusion in the repealing provisions of an enactment of an express saving with respect
to the repeals affected by the inclusion does not prejudice the operation of this section with
respect to the effect of those repeals.
35. Effect of substituting enactment

(1) Where an enactment repeals or revokes and re-enacts, with or without modification, an
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 an enactment, in this subsection and in subsection
(3) referred to as the "old enactment", and substitutes, by way of amendment, revision or
consolidation with any other enactment,
(a) a person acting under the old enactment shall continue toact as if appointed under the
enactment so substituted;
(b) a bond or a security given by a person appointed under the old enactment remains in
force and the books, papers and things used or made under the old enactment shall
continue to be used so far as is consistent with the enactment that is substituted;
(c) a proceeding taken under the old enactment shall be continued under and in
conformity with, the enactment so substituted, so far as it may be done consistently
with the substituted enactment;
(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
proceeding under the old enactment, the procedure established by the enactment so
substituted shall be followed so far as it can be adapted; and
(e) where a penalty, a forfeiture or a punishment is reduced or mitigated by a provision of

the enactment so substituted, the penalty, forfeiture or punishment, if imposed or
awarded after the repeal or revocation, shall be. reduced or mitigated accordingly.
(3) In addition to subsection (2), where an enactment repeals or revokes an enactment and
substitutes by ,«ay of amendment, revision or consolidation, another enactment,
(a) the statutory instruments or statutory documents made, issued, confirmed or granted
under the old enactment and the decisions, authorisations, directions, consents,
applications, requests or things made, issued, given or done under the old enactment
(i) which are in force at the commencement of the enactment that is substituted,
and
(ii) which are not inconsistent with the enactment that is substituted,
shall have the like effect and the like proceedings may be had on and in respect of the
enactment as if they had been made, issued, confirmed or granted or made, issued, given or
done under the corresponding enactment that is substituted; and
(b) a reference to the old enactment in an unrepealed or unrevoked enactment shall,
(i) in relation to a subsequent transaction, matter or thing, be construed as a

reference to so much of the enactment that is substituted as relates to the same
subject-matter as the old enactment; and,
(ii) if nothing in the enactment that is substituted relates to the same subject-matter,
the old enactment shall stand good, and be read and construed as unrepealed
or unrevoked where it is necessary to support, maintain or give effect to the
unrepealed or unrevoked enactment.
36. Enactments always speaking Enactment always speaking

An enactment shall be construed as always speaking and anything expressed in the present tense
shall be applied to the circumstances as they occur, so that effect is given to each enactment
according to its true spirit, intent and meaning.

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37. Expressions in statutory instruments

(1) Where an enactment confers a power to make a statutory instrument or issue a statutory
document, unless a contrary intention appears,
(a) expressions used in the statutory instrument or statutory document have the same
respective meaning as in the enactment; and
(b) the expression "Act" if used in the statutory instrument or statutory document shall be
construed as referring to the Act under which the instrument is made or the document
is issued.
Application of de nitions
38. Applications of interpretation provisions

(1) Definitions or rules of interpretation contained in an enactment apply to the construction of the
provisions of the enactment which contains those definitions or rules of interpretation.
(2) An interpretation section or provision contained in an enactment shall be read and construed
as being applicable,
(a) only if the contrary intention does not appear in the enactment; and
(b) to the enactments relating to the same subject-matter, unless a contrary intention
appears in the enactment.
39. Parts of speech

Where a word is defined in an enactment, other parts of speech and grammatical variations of that
word and cognate expressions shall have corresponding meanings in that enactment.
40. Names commonly used

In an enactment, a name commonly applied to a country, place, government department, body,
corporation, society, Minister, officer, functionary, person, party, statutory provision, or other thing
means the country, place, government department, body, corporation, society, Minister, officer,
functionary, party, statutory provision or thing to which the name is commonly applied, whether or
not the name is the formal or an abbreviated form of designation.
41. Rules as to number and gender

(1) Words in an enactment importing
(a) male persons include female persons; and (b) female persons include male persons.
(2) Words in an enactment importing persons include male and female persons, corporations,
whether aggregate or sole, and unincorporated bodies of persons.
(3) A reference in an enactment to a party aggrieved includes a reference to a body corporate in

a case where that body corporate is a party aggrieved.
42. Construction of shall and may

In an enactment the expression "may" shall be construed as permissive and empowering, and the
expression "shall" as imperative and mandatory.

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43. Distances
In the measurement of a distance for the purposes of an enactment, the distance shall be measured
in a straight line on a horizontal plane.
44. Time
(1) In an enactment, words relating to time and references to a point in time shall be construed
as relating or referring to Greenwich Mean Time.
(2) Where in an enactment a period of time is expressed to begin on a particularday, that day
shall be included in the period.
(3) Where in an enactment a period of time is expressed to be reckoned from or after a

particular day, that day shall not be included in the period.
(4) Subject to subsection (7), where in an enactment 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.
(5) Where the time limited by an enactment for the doing of a thing expires or falls on a
Saturday, Sunday or a public holiday, the time shall extend to and the thing may be done on,
the first following day that is not a Saturday, Sunday or a public holiday.
(6) Where in an enactment a thing is required to be done on a particular day, then, if that day
falls on a Saturday, Sunday or a public holiday, the thing shall be considered as duly done if
it is done on the first following day which is not a Saturday, Sunday or apublic holiday.
(7) Where a period of time prescribed by an enactment for the doing of a thing does not exceed
five days, Saturdays, Sundays and public holidays shall not be included in the computation of
the period.
(8) Where by an enactment a period of time is expressed as "clear days" or is qualified by the
term "at least", both the first day and the last day shall be excluded from the computation of
the period.
(9) In an enactment,
(a) a reference to midnight, in relation to a particularday, shall be construed as a

reference to the point of time at which that day ends;
(b) a reference to a week-day shall be construed as a reference to a day that is not a

Saturday or a Sunday;
(c) a reference to a month shall be construed as a reference to a calendar month;
(d) a reference, without qualification, to a year, shall be construed as a reference to a

period of twelve months as specified in the enactment.
(10) For the purposes of an enactment, a person shall be regarded as having attained a given
age at the beginning of the day on which the anniversary of the birth of thatperson occurs
and not on the previous day.
(11) In an enactment, the expression "public holiday" means a day that under the enactment or
other law is, or is declared to be, or is proclaimed as, a public holiday.
(12) An enactment requiring or authorising the doing of a thing but not prescribing or limiting the
period within which that thing is to be done, or may be done, shall be construed as requiring
or authorising that thing to be done within a reasonable time and with the requisite
convenient speed and not otherwise.

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(13) Subsections (1) and (2) shall have effect in relation to deeds and other legal instruments as
they have effect in relation to an enactment.
45. Statutory boards

(1) The functions of a statutory board shall not be affected by a vacancy in the membership of
that statutory board.
(2) A power conferred by or under an enactment on an authority or a person to appoint the

members of a statutory board includes,
(a) the power to appoint the chairperson of the statutory board, and
(b) the power to appoint an individual person as an alternate member to act in the place of
the member in respect of whom the alternate appointment is made.
(3) An alternate member when acting in that capacity shall have and perform thefunctions of the
member in whose place the alternate appointment is made.
(4) An authority or a person empowered by or under an enactment to appoint or designate a

person to be a member of a statutory board or to perform any other function may
(a) appoint or designate a person by name, or
(b) appoint or designate a person by reference to an office; and the person so appointed
or designated may perform the function in respect of which the appointment or
designation is made.
(5) A person is qualified to be appointed as a member of, or to continue in office as a member of,
a statutory body or the governing body of a public corporation only if that person
(a) is a citizen;
(b) has not been adjudged or otherwise declared
(i) bankrupt under any law and has not been discharged, or
(ii) to be of unsound mind or is detained as a criminal lunatic under any law;
(c) has not been convicted
(i) for high crime under the Constitution or high treason or treason or for an offence
involving the security of the Republic, fraud, dishonesty or moral turpitude, or
(ii) for any other offence punishable by death or by a sentence of not less than ten
years imprisonment; (d) has not been found by the report of a commission or a
committee of inquiry to be incompetent to hold public office; or
(e) is not a person in respect of whom a commission or committee of inquiry has found
that while being a public officer had acquired assets unlawfully or defrauded the
Republic or misused or abused the powers of office, or willfully acted in a manner
prejudicial to the interests of the Republic, and the findings have not been set aside on
appeal or judicial review;
(f) is not under a sentence of death or other sentence of imprisonment imposed upon that
person by a Court; or
(g) is not otherwise disqualified by law.
(6) In addition to subsection (5), a member of the statutory body or the governing body shall
cease to be a member if, in the case of person possessed of a professional qualification, the

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member is disqualified from practice by an order of the relevant competent authority or

ceases to be a member otherwise than at the member's own request.
(7) Where in an enactment a member of a statutory board or governing body is required to

disclose that member's interest, whether directly or indirectly, in a matter for decision or
consideration by the board or governing body, a member who fails to disclose that interest or
takes part in the decision or deliberation without disclosing that interest commits, in addition
to any other provision in that enactment, an offence if that member benefits directly or
indirectly from the decision or deliberation.
(8) A member convicted of an offence under subsection (7) is liable
(a) to a term of imprisonment not less than six months; or to afine of not less than one
hundred and fifty penalty units; and
(b) to forfeit to the Republic the property which had been acquired whether directly or
indirectly with the benefit resulting from the decision or deliberation.
(9) Paragraph (c) and (d) of subsection (5) shall cease to apply if (a) ten years or more have
passed since the end of the sentence or the date of the publication of the report of the
commission or committee of inquiry, or
(b) that person has been pardoned.
46. De nitions
In an enactment, the expression
"act" where used in reference to an offence or civil wrong includes a series of acts, andwords so
used which refer to acts done extend to omissions;
"access" includes ingress, egress and regress;
"adult" means a person who has attained the age of twenty-one years;
"aircraft" includes an aeroplane, an airship, a balloon, a glider, a helicopter and any other
contrivance recognised by the civil aviation authority as an aircraft;
"assets" includes property and rights of any kind;
"appointed day" for the purposes of an enactment means the day specified as the appointed day
by the President by Proclamation published in the Gazette;
"Auditor-General" means the Auditor-General appointed under article 187 of the Constitution;
"bank holiday" means a day which is by law to be kept as a close holiday in the banks;
"Cabinet" means the Cabinet established by article 76 of the Constitution;
"cedi" means the Ghana cedi or legal tender as determined by the Bank of Ghana;
"Chief Justice" means the Chief Justice appointed under article 144 of the Constitution;
"child" means a person below the age of eighteen years; "citizen" means a citizen of Ghana;
"coin" means a coin which is legal tender in the Republic; "commencement" when used with
reference to an enactment means the time at which that enactment comes into operation;
"Commonwealth" means the countries recognised by the Government as Commonwealth countries

or specified or certified as Commonwealth countries in or under an Act of Parliament relating to
membership of the Commonwealth;

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"Commonwealth citizen" means a person who by law has the status of a Commonwealth citizen;
"committed for trial" includes
(a) committed by a Court, and
(b) committed on bail upon a recognisance to appear and stand trial before a Court;
"Commonwealth country" means a country that is a member of the Commonwealth;
"community service" means community service as determined by the Court in consultation with the
Minister responsible for Social Welfare;
"Consolidated Fund" means the Consolidated Fund established pursuant to article 175 of the
Constitution;
"consul" or "consular officer" includes consul-general, consul, vice-consul, consular agent, and a
person authorised to discharge the duties of consul-general, consul or vice-consul; "costs" includes
fees, charges, disbursements, expenses or remuneration;
"Court of Appeal" means the Court of Appeal established pursuant to articles 125 and 126 of the
Constitution;
"court of summary jurisdiction" means a court exercising statutory summary jurisdiction;
"contravention" in relation to an enactment, includes a failure to comply with a provision of that

enactment;
"country" includes a territory for whose international relations that country is responsible;
"day" means a continuous period of twenty-four hours; "export" means to take or cause to be taken
out of the Republic; "fault" means a wrongful act or default;
"financial year" means a period of twelve months as determined by theGovernment;
"fine" includes a pecuniary penalty to which a person is liable for a contravention of an enactment;
"functions" includes powers and duties;
"Gazette"means the Gazette published by order of theGovernment;
"goods" includes movable property and animals;
"Government" means any authority by which the executive authority of the Republic is duly
exercised;
"Government Notice" means an announcement, whether or not of a legislative character, published

in the Gazette by or with the authority of theGovernment;
"Government Printer" includes a printer authorised by the Government;
"government survey map" means a map made under an enactment providing for the survey of
land on behalf of the Government;
"High Court" means the High Court established pursuant to articles 125 and 126 of the
Constitution;
"immovable property" means land;
"import" means to bring or cause to be brought into the Republic;
"indictable offence" means an offence triable on indictment in accordance with theCriminal and
Other Offences (Procedure) Act, 1960 (Act 30);

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"individual" means a natural person other than a corporation; "Justice" includes theChief Justice
and any other Justice of the Superior Court of Judicature;
"local authority" means a local authority established pursuant to article 240 of the Constitution;
"master" in reference to a ship, means a person, other than a pilot or harbour master, having control
for the time being of the ship;
"minor" means a child;
"Minister" includes a Minister of State appointed under article 78 of the Constitution and a Minister
for the time being having responsibility for a portfolio as assigned by the President or for the subject-
matter of the enactment in respect of which that expression is used;
"movable property" includes property of every description and growing crops, except immovable
property;
"Parliament" means Parliament as established under article 93 of the Constitution;
"payable by warrant" means payable out of the Consolidated Fund or other public fund upon the
authority of a warrant under the hand of the Minister responsible for Finance; "perform" in relation to
functions includes exercise;
"person" includes a body corporate, whether corporation aggregate or corporation sole and an
unincorporated body of persons as well as an individual;
"prescribed" means prescribed in or under the enactment in which that expression occurs;
"prescribed by Parliament" means prescribed by the authority of Parliament;
"President" means the President elected in accordance with article 63 of the Constitution;
"presidential seal" means the presidential seal provided for under article 61 of the Constitution;
"printed by authority" means printed by the Government Printer;
"proclamation" means a declaration made by the President under the public seal;
"public corporation" includes a statutory corporation other than one set up as a commercial
venture, a corporation and any other body of persons established by or under an Act of Parliament
or set up out of funds provided by Parliament or bv any other public fund:
"public holiday" means a day which is by law declared to be a public holiday;
"public interest" includes a right or an advantage which enures or is intended to enure for the
benefit generally of the whole of the people of the Republic;
"public office" includes an office the emoluments attached to which are paid directly from the
Consolidated Fund or directly out of moneys provided byParliament and service with a public
corporation established entirely out of public funds or moneys provided byParliament;
"public service" includes service in a civil office of the Government the emoluments attaching to
which are paid directly from the Consolidated Fund or directly out of moneys provided byParliament
and service with a public corporation;
"public officer" includes the holder of a public office and a person appointed to act in that office;
"Public Services Commission" means the Public Services Commission established by article 194
of the Constitution; "public seal" means the public seal provided for under article 61 of the
Constitution;
"registered dentist" means a person registered as a dentist under the law in force for the regulation

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of the dental profession; "registered land" means land the title to which is registered under the
enactment;
"registered medical practitioner" means a person registered as a medical practitioner or a dentist

under the law in force for the regulation of the medical profession;
"Regional Tribunal" means a Regional Tribunal established by article 142 of the Constitution;
"Rules of Court" when used in relation to a Court means Rules made by the Rules of Court
Committee established by article 157 of the Constitution to regulate the practice and procedure of
the Courts;
"sale" includes exchange and barter;
"service by post" means service in accordance with subsection (1) of section 30;
"session" in relation to Parliament means sessions as defined in article 295 of the Constitution;
"ship" includes every description of vessel used in navigation not exclusively propelled by oars or
paddles;
"signature" includes the making of a mark and of a thumb print; "sitting" in relation toParliament
includes a period during which Parliament is sitting continuously without adjournment and a period
during which Parliament is in committee;
"Speaker" means the person elected as Speaker by members of Parliament, and Deputy Speaker
means a person so elected.
"statute of general application" means a statute of the United Kingdom Parliament as at the 24th
day of August, 1874 applicable to Ghana;
"statutory corporation" means a corporation established by or under an Act ofParliament;
"statutory declaration" means a declaration made in accordance with the law relating to statutory
declarations;
"statutory period" in relation to a statutory instrument means a period of twenty-one sitting days or
any other period prescribed by the enactment.
"summary conviction" means conviction for a summary offence; "summary offence" means an
offence triable otherwise than on indictment;
"Supreme Court" means the Supreme Court established pursuant to articles 125 and 126 of the
Constitution; "surety" means sufficient surety;
"unregistered land" means land the title to which is not registered under that enactment.
"vehicle" includes a motor vehicle, a motor cycle, a bicycle and any other carriage or conveyance
of any kind used, on land or 111 space;
"vessel" means a ship, boat, lighter or other floating craft used or capable of being used for
transport by water;
"words" when used in an amending enactment includes figures, punctuation marks and
typographical, monetary, mathematical and scientific symbols.
"year" means a period of twelve months;
"session" in relation to Parliament means sessions as defined in article 295 of the Constitution;
"ship" includes every description of vessel used in navigation not exclusively propelled by oars or
paddles;

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"signature" includes the making of a mark and of a thumb print; "sitting" in relation toParliament
includes a period during which Parliament is sitting continuously without adjournment and a period
during which Parliament is in committee;
"Speaker" means the person elected as Speaker by members of
Parliament, and Deputy Speaker means a person so elected.
"statute of general application" means a statute of the United Kingdom Parliament as at the 24th
day of August, 1874 applicable to Ghana;
"statutory corporation" means a corporation established by or under an Act ofParliament;
"statutory declaration" means a declaration made in accordance with the law relating to statutory
declarations;
"statutory period" in relation to a statutory instrument means a period of twenty-one sitting days or
any other period prescribed by the enactment.
"summary conviction" means conviction for a summary offence; "summary offence" means an
offence triable otherwise than on indictment;
"Supreme Court" means the Supreme Court established pursuant to articles 125 and 126 of the
Constitution; "surety" means sufficient surety;
"unregistered land" means land the title to which is not registered under that enactment.
"vehicle" includes a motor vehicle, a motor cycle, a bicycle and any other carriage or conveyance
of any kind used, on land or 111 space;
"vessel" means a ship, boat, lighter or other floating craft used or capable of being used for
transport by water;
"words" when used in an amending enactment includes figures, punctuation marks and
typographical, monetary, mathematical and scientific symbols.
"year" means a period of twelve months;
"young person" means a person who has attained the age of eighteen years but is under twenty-
one years;
47. Assignment of Ministerial responsibilities

Notwithstanding anything to the contrary in an enactment, where a change in the assignment or
responsibility for the business of government is notified in the Gazette by a Government Notice
setting out the former assignment or responsibility and the substituted assignment or responsibility,
a reference to the former assignment or responsibility in an enactment and in a document made or
issued under the enactment shall be construed as a reference to the substituted assignment or
responsibility from the date specified in the Government Notice.
48. Delegation of functions

Where by or under an enactment a function is conferred on a person or an authority other than a
function in relation to the hearing of a petition or the making of subsidiary legislation that person or
authority may by instrument in writing delegate the performance of that function to a person either
by name or as the holder of an office as is specified in the instrument subject to the conditions,
exceptions and qualifications that are so specified.

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49. Signi cation of delegation

A delegation made under section 48
(a) sha11, within twenty-four hours, be published in the Gazette; (b) may be revoked or varied by
the like instrument or order as is respectively specified in that section; and the revocation or
variation shall, within twenty-four hours, be published in the Gazette
50. Instrument under the Public Seal

(1) A proclamation, warrant or any other instrument issued under the public seal shall be signed
pers0nally by the President.
(2) Subject to subsection (1), a statutory instrument made by thePresident, may be signed
personally by a Minister by command of the President.
(3) Prima facie evidence of a statutory instrument may be given in proceedings before a Court by
the production of a copy of the Gazette purporting to contain the statutory instrument.
51. Citation of Acts

(1) An Act may be cited by reference to its short title.
(2) Where a statutory instrument is published in the Gazette in accordance with section 18, then
(a) without prejudice to an enactment, the original of that instrument and a copy of it
printed by the Government Printer, is admissible in evidence without proof of the
authority, signature or capacity of the person by whom the instrument is signed;
(b) a copy of that instrument printed by the Government Printer shall be evidence of the
due making of that instrument and of its content; and
(c) a copy of that instrument purporting to have been printed by the Government Printer
shall be deemed to have been so printed unless the contrary is proved.
(3) In an enactment a description of, or citation from, any other enactment or from a document
shall be construed as including the word, subsection, section, or other portion mentioned or
referred to 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 the portion extends.
(4) A statutory instrument may be cited by the title set out at the head of the instrument on
publication or by the number allocated to the instrument on publication and the calendar year.
52. Repeals
The Interpretation Act, 1960 (C. A. 4) as amended by,
(a) the Interpretation (Amendment) Law, 1982 (P.N.D.C.L. 12), (b) the Interpretation
(Amendment) Act, 1961 (Act 92), and (c) the Interpretation (Amendment) Act, 1962 (Act 145);
and the Statutory Instruments Act, 1959 (No. 52 of 1959), the Acts of Parliament of Act 1960
(C.A.7) and the Fines (Penalty Units) Act, 2000 (Act 572) are repealed.
FIRST SCHEDULE
(Section 5(4))
This printed impression has been carefully compared by me with the Bill which was passed by

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Parliament on the ................................ day of .............................. and found by me to be a true copy

of the Bill.
.................................
Date of certification
.................................
Speaker
(Section 5(5)
Form of Speaker's Certi cate

I hereby certify that power to pass this Act has been conferred on Parliament in accordance with the
relevant provisions of the Constitution.
.................................
.................................
Speaker
(Section 5(4)
I hereby signify assent to this bill.
................................
................................
Speaker
SECOND SCHEDULE
Section 27(1)
One penalty unit is equal to GH¢12.00.
Interpretation Act
Previous Legislation
Ordinance NO.3 of 1876
No.1 of 1907
No.6 of 1916
No. 32 of 1921
No.1 of 1923
NO.7 of 1924
No. 11 of 1928
No.5 of 1929
Revised Edition 1936

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Cap 1
Ordinance No. 6 of 1935
No. 19 of 1936
No. 13 of 1942
No. 37 of 1946
No. 19 of 1949
No.3 of 1951
Revised Edition 1951
Cap 1
Ordinance 150 of 1952
NO.6 of 1953
No. 18 of 1954
Act 1957 No 29
1960 C. A. 4
1961 Act 92
1962 Act 145
1972 PN.D.C.L. 12

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Interpretation Act, 2009

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INTERPRETATION ACT, 2009 (ACT 792) 1

INTERPRETATION ACT, 2009

Commenced on (exact date unavailable)

ENACTED by the President and Parliament

1. Meaning of certain expressions

"Act" means an Act of Parliament;

"common law" has the meaning assigned to it by article 11 of the Constitution;

"Constitution" means the Constitution of the Republic;

"Court" means a court of competent jurisdiction;

"enact" includes to issue, make or establish;

"enactment" means an Act of Parliament, or a statutory instrument, or a constitutional instrument, or

"executive instrument" means

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(a) an instrument speciﬁed by an Act of Parliament as an executive instrument, or

(b) a statutory instrument which is of an administrative character or of an executive character and

(i) of a judicial character, or

(ii) of a legislative character;

"instrument" includes a notice, Rules, Regulations, By-Laws or a Proclamation, an order, or a

"legislative instrument" means a statutory instrument that is legislative in character;

"President" means the President of the Republic;

2. Application of this Act

3. Application of rules of construction

Public and Private Acts

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6. Provisions in private Acts

8. References to the President, Republic

(3) This Act binds the Republic.

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10. Aids to interpretation or construction

(b) a report of a Commission, committee or any other body appointed by theGovernment

(a) the legislative antecedents of the enactment;

(c) pre-parliamentary materials relating to the enactment;

(d) a text-book, or any other work of reference, a report or a memorandum published by

(b) that advances human rights and fundamental freedoms,

11. References in enactments

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which the reference is made.

(2) A reference in an enactment to a statute of general application or to an instrument made

(3) Where in an enactment reference is made to a provision of astatute of general application

(4) A reference in an enactment by number or letter to a Chapter, Part, section, subsection,

(7) Where in a section of an enactment reference is made to a subsection, paragraph, sub-

(8) Where in a Schedule or part of a Schedule to an enactment reference is made to a

(9) Where in an enactment reference is made to a statutory instrument or a statutory document,

(10) A reference in an enactment to a power exercisable, or to a statutory instrument or a statutory

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12. Amending provisions

(b) the copy purports to be printed by the Government Printer

13. Long title and preamble

16. Descriptive words

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17. Date of commencement of enactments

18. Publication and Commencement

(3) Where an Act provides

that Proclamation or other statutory instrument

19. Expiration of enactments

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been published in the Gazette before the Act expired.

20. Exercise of powers before commencement

21. Statutory functions

(5) A power conferred by an enactment to make a statutory instrument or issue a statutory