CHAPTER 108 - EMERGENCY POWERS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Emergency Powers Regulations

Emergency (Essential Supplies and Services) Regulations

Emergency Regulations

EMERGENCY POWERS REGULATIONS

[Section 3]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Power to acquire certain undertakings

   3.   Compensation to be paid

   4.   Disputes

   5.   Procedure in National Assembly

   6.   Effect of decisions

   7.   Transfer and powers

   8.   President may withdraw from acquisition

   9.   Principles of assessment of compensation, etc.

   10.   Offences and penalties

   11.   Orders

[Regulations by the President]

Act 13 of 1994,

SI 216 of 1986,

SI 126 of 1997.

1.   Title

These Regulations may be cited as the Emergency Powers Regulations.

2.   Power to acquire certain undertakings

   (1) It is hereby authorised that any undertaking in an industry which has been declared a strategic industry by the President may be acquired, or possession of or control over it may be taken or acquired, on behalf of the Republic.

   (2) Any land or other property of such undertaking which, in the opinion of the President, is necessary for the operations of such undertaking shall be deemed to be part of such undertaking for the purposes of these Regulations.

   (3) In exercise of the powers contained in sub-regulation (1), the President may authorise any person to enter upon any land or property and take control thereof, and exercise the other powers contained in these Regulations in respect of any undertaking, notwithstanding that no compensation has yet been agreed or paid.

3.   Compensation to be paid

Where any of the powers contained in regulation 2 are exercised in respect of any undertaking, the Minister responsible for finance shall, on behalf of the Republic, pay in respect thereof, such compensation in money as may be agreed or, in default of agreement, determined in accordance with these Regulations.

4.   Disputes

   (1) If within six months from the exercise in respect of any undertaking of the powers contained in regulation 2 there remains outstanding any dispute relating to or in connection with such exercise of powers, other than a dispute as to the amount of compensation, the Attorney-General or any person claiming any interest in the undertaking may institute proceedings in the High Court for the determination of such dispute.

   (2) Where any dispute arises as to the amount of compensation, the Attorney-General or any person claiming compensation may, and if such dispute is not settled within the aforementioned period of six months, shall refer such dispute to the National Assembly which shall by resolution determine the amount of compensation to be paid.

   (3) No compensation determined by the National Assembly under these Regulations shall be called in question in any court on the grounds that it is not adequate.

   (4) The existence of any dispute as aforesaid shall not affect the right of the President and persons authorised by him to take possession of and operate the undertaking.

5.   Procedure in National Assembly

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