PART 3 PART 3 SUBORDINATE LEGISLATION
21. General provisions with respect to power given to any authority to make subordinate legislation
When any enactment confers powers on any authority to make subordinate legislation, the following provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of the subordinate legislation —(a) subordinate legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made subject to the following provisions —(i) where any enactment is to come into operation on a date to be fixed by subordinate legislation, the power to make the subordinate legislation shall not include the power of amending, revoking or suspending the same; and(ii) where the authority has been replaced wholly or partially by another authority, the power conferred herein upon the original authority may be exercised by the replacing authority concerning all matters or things within its jurisdiction as if it were the original authority;(b) when any enactment confers powers on any authority to make subordinate legislation for any general purpose, and also for any special purpose incidental thereto, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with reference to the general purpose; and(c) no subordinate legislation made under an enactment shall be inconsistent with the provisions of any enactment.
22. Additional provisions as to subordinate legislation
The following provisions shall also apply to subordinate legislation —(a) authority to make subordinate legislation shall include —(i) authority to amend any forms prescribed by the enactment under which the subordinate legislation was made;(ii) authority to prescribe new forms for the purpose thereof and for the purpose of the subordinate legislation; and(iii) authority to provide for the manner and method in which any document, record, application, permit, approval or licence may be submitted, issued or served by electronic means, or for the authentication thereof;(b) authority to provide for fees and charges shall include authority to provide for the determination of the manner and method of payment and the reduction, waiver or refund thereof, either generally or in any particular event or case or class of cases or in the discretion of any person; and(c) a reference in an enactment to another enactment shall include reference to any subordinate legislation made thereunder.
23. Use of defined terms in subordinate legislation
Where any enactment confers powers to make any subordinate legislation, expressions used in the subordinate legislation shall, unless the contrary intention appears, have the same respective meanings as in the enactment conferring the power.
24. Anticipatory exercise of powers
Where an enactment or any part thereof does not come into operation immediately on its passing and the enactment or that part confers power to make subordinate legislation or to make appointments or to issue notifications or to prescribe forms or to do any other thing for the purposes of the enactment or that part, then, unless the contrary intention appears, the power may be exercised and any subordinate legislation, appointment, form or thing made, issued, prescribed or done under the power may be made, issued, prescribed or done so as to take effect at any time after the passing of the enactment so far as may be necessary or expedient for the purpose of —(a) bringing the enactment or that part into operation; or(b) giving full effect to the enactment or that part on or after the day on which it comes into operation.
25. Commencement of subordinate legislation(1) Subordinate legislation made under the ADGM Basic Law or under any enactment or other lawful authority shall —(a) be published; and(b) unless it is otherwise provided in the subordinate legislation, take effect and come into operation on the date of its publication.(2) Any such subordinate legislation may be made to operate retrospectively to any date not being a date earlier than the commencement of the enactment or the establishment of the authority by or under which the subordinate legislation is made.
26. Judicial notice of subordinate legislation
Judicial notice shall be taken of all subordinate legislation made or purporting to be made under the ADGM Basic Law or under any enactment or other lawful authority.
27. Construction of amending subordinate legislation
Where subordinate legislation amends other subordinate legislation, the amending subordinate legislation shall, so far as is consistent with the tenor thereof and unless the contrary intention appears, be construed as one with the amended subordinate legislation.
28. Acts done under subordinate legislation to be deemed to be done under enactment
An act shall be deemed to be done under any enactment or by virtue of the powers conferred by any enactment or in pursuance or execution of the powers of, or under the authority of any enactment, if it is done under, or by virtue of, or in pursuance of, subordinate legislation made under any power contained in the enactment.
29. Reference to enactment to include subordinate legislation
Unless the contrary intention appears, a reference in any enactment to any other enactment is to be construed so as to include a reference to any subordinate legislation made under that enactment.