Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Business
Robert Collie  
January 11, 2011

When does law take effect – The importance of the Jamaica Gazette

Legal Notes

From time to time various persons of every description will enquire of a lawyer when does a law take effect. Very few will enquire of said lawyer what is the Jamaica Gazette. This is unfortunate as the Jamaica Gazette is one of the most important tools for the effective enactment of law. This is important as law passed by Parliament or enunciated by a Minister, as a general rule, cannot act retroactively (that is, it generally will be considered unconstitutional for Parliament to pass laws which will make past acts illegal). Therefore, if you have driven your car while talking on your cell phone sometime last year and this year Parliament passes a law making it illegal to drive while talking on your cell, no crime was committed by you based on your conduct last year. Such a law must take effect in respect of future acts only and should not affect the status of past acts.

We oftentimes read in our newspapers or watch on our televisions (or cellular phones) some pronouncement by our Finance Minister regarding some change in the revenue law. Such announcements, normally met with much chagrin by the populace, are often taken by the man in the street to mean that the law automatically comes into force.

Well, this is not so. Firstly, we need to look at the several categories of statutory law. They are, in order of decreasing hierarchy, as follows:

1. Acts of Parliament – This will be the statutory law that most persons are familiar with. Acts of Parliament cover social, economic and political issues. The only law of higher status than these Acts (save for the religious) is the Constitution of Jamaica. In order for an Act of Parliament to come into effect, the Bill on which it is based must be passed by Parliament and must be given the assent of the Governor-General.

2. Regulations – These are subsidiary legislation which supplement specific Acts of Parliament. Regulations usually establish rules and procedures for the implementation of laws enunciated in Acts of Parliament.

3. Ministerial Orders – Some Acts of Parliament give Cabinet Ministers the power to make subsidiary laws which supplement the relevant Acts of Parliament. They allow for flexibility in governance. Among the most famous Ministerial Orders are those issued under the Provisional Collection of Tax Act by the Minister of Finance.

The relationship between the Jamaica Gazette and the effective date of any law, including Acts of Parliament, Regulations and Orders is spelled out in the Interpretation Act, one of the most important statutes in our country. The Interpretation Act states that, no Act of Parliament or Regulation shall take effect in Jamaica until the assent to the Bill by the Governor-General is published in the Gazette. Unless otherwise provided for in the Bill, the presumption in law is that the Act shall take effect from the date of publication, unless the law speaks to some forward date. As it relates to Ministerial Orders, again they do not come into operation as law until they are published by the officer making the Order in the Gazette.

Publication in the Jamaica Gazette is governed by the Jamaica Gazette Act. Publication within the context of the Jamaica Gazette Act means that the Government Printer must print the assent or the ministerial order in the Gazette.

Law, at least of the statutory kind, only becomes effective when it is printed by the Government Printer in the Jamaica Gazette. So, until ‘gazetted’ all the talk in Parliament remains within the realm of intention and, as any good student of the law can tell you, all the intention in the world without any ‘Act’ remains as tangible (in law) as the air we breathe.

Robert Collie is an Associate at Myers, Fletcher & Gordon and is a member of the firm’s Litigation Department. Robert may be contacted via robert.collie@mfg.com.jm or www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

UK govt says will release files on ex-prince Andrew
International News, Latest News
UK govt says will release files on ex-prince Andrew
February 24, 2026
LONDON, United Kingdom (AFP)—Britain's government committed Tuesday to releasing documents on ex-prince Andrew's past role as a trade envoy, after the...
{"jamaica-observer":"Jamaica Observer"}
Mexico president offers ‘full guarantees’ for safety of World Cup games
International News, Latest News
Mexico president offers ‘full guarantees’ for safety of World Cup games
February 24, 2026
MEXICO CITY, Mexico (AFP)—Mexican President Claudia Sheinbaum on Tuesday offered "full guarantees" for the safety of football fans at World Cup games ...
{"jamaica-observer":"Jamaica Observer"}
Holness’ salary increase is tone-deaf, says advocacy group
Latest News, News
Holness’ salary increase is tone-deaf, says advocacy group
February 24, 2026
KINGSTON, Jamaica — Local human rights organisation, Stand Up For Jamaica, is questioning the timing of the decision by Prime Minister Andrew Holness ...
{"jamaica-observer":"Jamaica Observer"}
Jamaica to host Rotary’s annual district conference this April
Latest News, News
Jamaica to host Rotary’s annual district conference this April
February 24, 2026
KINGSTON, Jamaica — Hundreds of Rotarians from 10 countries in the northern Caribbean will convene at the Jamaica Pegasus Hotel in Kingston from April...
{"jamaica-observer":"Jamaica Observer"}
Vybz Kartel among five Jamaican artistes to receive proclamation and keys to Broward County
Entertainment, Latest News
Vybz Kartel among five Jamaican artistes to receive proclamation and keys to Broward County
BY KEVIN JACKSON Observer Writer 
February 24, 2026
Dancehall kingpin Vybz Kartel added another accolade to his growing list of achievements Monday night, when he received the key to Broward County in F...
{"jamaica-observer":"Jamaica Observer"}
Torrential rains leave 20 dead in Brazil, dozens missing
International News, Latest News
Torrential rains leave 20 dead in Brazil, dozens missing
February 24, 2026
SAO PAULO, Brazil (AFP)—Torrential rains in southeastern Brazil have left at least 20 people dead and dozens missing in flooding and landslides, offic...
{"jamaica-observer":"Jamaica Observer"}
PSG star Achraf Hakimi faces trial for alleged rape
International News, Latest News
PSG star Achraf Hakimi faces trial for alleged rape
February 24, 2026
PARIS, France (AFP)—Paris Saint-Germain footballer Achraf Hakimi, a key player in their Champions League-winning side last season, is to stand trial c...
{"jamaica-observer":"Jamaica Observer"}
Racing close gap on Mobay, resurgent Spanish Town Police beat Arnett
Latest News, Sports
Racing close gap on Mobay, resurgent Spanish Town Police beat Arnett
February 24, 2026
KINGSTON, Jamaica – Racing United closed the gap on leaders Montego Bay United after beating 10-man Chapelton Maroons 2-0 in their Jamaica Premier Lea...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct