As enacted

Contents

Act of Parliament · As enacted

Law Commission (Amendment) Act 2016

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Law Commission

(Amendment) Act, No. 19 of 2016.

s 2Replacement of section 2 of Act, No. 3 of 1969

Section 2 of the Law Commission Act, No. 3 of 1969

(hereinafter referred to as the “principal enactment”) as last amended by Act, No. 11 of 1978 is hereby repealed and the as following section substituted therefor:—

2. (1) There shall be established a

Commission which shall be called the Law

Commission, and which shall consist of—

(a)

the following ex-officio members:—

(i)

the Secretary to the Ministry of the Minister assigned the subject of Justice or his nominee not below the rank of a Senior Assistant Secretary;

(ii)

an officer not below the rank of an Additional Solicitor-General nominated by the

Attorney-General; and

(iii)

the Legal Draftsman or his nominee not below the rank of a Senior Assistant Legal

Draftsman; and

“Establishment and constitution of the Law

Commission.

(b)

not less than ten and not more than fourteen other members appointed by the President (hereinafter referred to as the “appointed member”) from among persons appearing to the

President to be suitably qualified for such appointment and the majority of whom shall be persons who have held or hold judicial office, or have experience as attorneys-at-law or teachers in law, or are academically qualified in law.

(2)

The President shall appoint one of the members of the Commission to be the Chairman of the Commission.

(3)

An appointed member shall, unless he earlier vacates his office, hold office for such period, not exceeding five years, as may be determined by the President at the time of his appointment, and shall be eligible for reappointment:

Provided, however, that if an appointed member vacates his office prior to the expiration of his term of office, his successor shall, unless he earlier vacates his office, hold office only for the unexpired portion of the term of the member whom he succeeds.

(4)

An appointed member may resign from his office by writing under his hand addressed to the President.

(5)

There shall be paid to the members of the Commission for their services such remuneration as may be determined by the

Minister, with the prior concurrence of the

Minister assigned the subject of Finance.”.

s 3Amendment of section 8 of the principal enactment

Section 8 of the principal enactment is hereby amended by the substitution for the words “any

Commissioner” of the words “any member of the

Commission”.

s 4Amendment of section 11 of the principal enactment

Section 11 of the principal enactment is hereby amended by the substitution for the words “The Permanent

Secretary to the Ministry” of the words “The Secretary to the

Ministry”.

s 5Amendment of section 12 of the principal enactment

Section 12 of the principal enactment is hereby amended by the substitution for the words “the

Commissioners” of the words “the members of the

Commission”.

s 6Amendment of section 13 of the principal enactment

Section 13 of the principal enactment is hereby amended by the repeal of the definition of the expression“Commissioner”.

s 7Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.