sec.43Numbering and renumbering of provisions

### sec.43 Numbering and renumbering of provisions An unnumbered provision of a law may be numbered in a way that is consistent with current legislative drafting practice, and all necessary consequential numbering amendments made. In the following provision, the sentences may be numbered (1), (2), (3) and (4) respectively— A tenant is not to be entitled to compensation, unless 2 months at least before the determination of the tenancy the tenant gives the landlord written notice claiming compensation. If a tenant gives such a notice, the landlord may, within 1 month, give the tenant written notice claiming any set-off. Every notice under this section must state the particulars and amount of the intended claim. Provided that noncompliance by either party with any of the provisions of this section does not deprive such party of any rights under this Division if the arbitrator is of opinion that there was reasonable excuse for the noncompliance.’. If a provision of a law is numbered in a way that is inconsistent with current legislative drafting practice— the provision may be renumbered in a way that is consistent with current legislative drafting practice; and all necessary consequential numbering amendments may be made. A notice to terminate is sufficiently given if— it is delivered to a person apparently over 18 who apparently resides on the premises; or it is advertised in a daily newspaper circulating in the district in which the premises are situated. Where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in subsection (3) (a) , any occupier of the land or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. Section 43 (4) has also been applied to this example. Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.’. may replace — A notice to terminate is sufficiently given if— it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or it is advertised in a daily newspaper circulating in the district in which the premises are situated; where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in paragraph (a) (i) , any occupier of the land or premises or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.’. The office of councillor shall be vacated if the councillor— is ousted from office by the Supreme Court; or is or has become disqualified under this Act.’ may replace The office of councillor shall be vacated if the councillor— is ousted from office by the Supreme Court; or is or has become disqualified under this Act.’. If a law has been amended so that the numbering of provisions of the law is significantly different to the way in which the provisions would have been numbered if the law were to be remade— the law may be renumbered in a way that is consistent with current legislative drafting practice; and all necessary consequential numbering amendments may be made. If a provision of a law is numbered or renumbered under this section— a reference in any instrument to the provision is a reference to the provision as numbered or renumbered; and a reference in the law or another law to the provision may be changed to a reference to the provision as numbered or renumbered. s 43 amd 1993 No. 76 s 3 sch 1 ; 1994 No. 15 s 3 sch 1 (sec.43-ssec.1) An unnumbered provision of a law may be numbered in a way that is consistent with current legislative drafting practice, and all necessary consequential numbering amendments made. In the following provision, the sentences may be numbered (1), (2), (3) and (4) respectively— A tenant is not to be entitled to compensation, unless 2 months at least before the determination of the tenancy the tenant gives the landlord written notice claiming compensation. If a tenant gives such a notice, the landlord may, within 1 month, give the tenant written notice claiming any set-off. Every notice under this section must state the particulars and amount of the intended claim. Provided that noncompliance by either party with any of the provisions of this section does not deprive such party of any rights under this Division if the arbitrator is of opinion that there was reasonable excuse for the noncompliance.’. (sec.43-ssec.2) If a provision of a law is numbered in a way that is inconsistent with current legislative drafting practice— the provision may be renumbered in a way that is consistent with current legislative drafting practice; and all necessary consequential numbering amendments may be made. A notice to terminate is sufficiently given if— it is delivered to a person apparently over 18 who apparently resides on the premises; or it is advertised in a daily newspaper circulating in the district in which the premises are situated. Where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in subsection (3) (a) , any occupier of the land or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. Section 43 (4) has also been applied to this example. Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.’. may replace — A notice to terminate is sufficiently given if— it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or it is advertised in a daily newspaper circulating in the district in which the premises are situated; where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in paragraph (a) (i) , any occupier of the land or premises or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.’. The office of councillor shall be vacated if the councillor— is ousted from office by the Supreme Court; or is or has become disqualified under this Act.’ may replace The office of councillor shall be vacated if the councillor— is ousted from office by the Supreme Court; or is or has become disqualified under this Act.’. (sec.43-ssec.3) If a law has been amended so that the numbering of provisions of the law is significantly different to the way in which the provisions would have been numbered if the law were to be remade— the law may be renumbered in a way that is consistent with current legislative drafting practice; and all necessary consequential numbering amendments may be made. (sec.43-ssec.4) If a provision of a law is numbered or renumbered under this section— a reference in any instrument to the provision is a reference to the provision as numbered or renumbered; and a reference in the law or another law to the provision may be changed to a reference to the provision as numbered or renumbered. - ‘ 5 A tenant is not to be entitled to compensation, unless 2 months at least before the determination of the tenancy the tenant gives the landlord written notice claiming compensation. If a tenant gives such a notice, the landlord may, within 1 month, give the tenant written notice claiming any set-off. Every notice under this section must state the particulars and amount of the intended claim. Provided that noncompliance by either party with any of the provisions of this section does not deprive such party of any rights under this Division if the arbitrator is of opinion that there was reasonable excuse for the noncompliance.’. - (a) the provision may be renumbered in a way that is consistent with current legislative drafting practice; and - (b) all necessary consequential numbering amendments may be made. - ‘(3) A notice to terminate is sufficiently given if— (a) it is delivered to a person apparently over 18 who apparently resides on the premises; or (b) it is advertised in a daily newspaper circulating in the district in which the premises are situated. - (a) it is delivered to a person apparently over 18 who apparently resides on the premises; or - (b) it is advertised in a daily newspaper circulating in the district in which the premises are situated. - (3A) Where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in subsection (3) (a) , any occupier of the land or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. Editor’s note— Section 43 (4) has also been applied to this example. - (4) Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.’. - (a) it is delivered to a person apparently over 18 who apparently resides on the premises; or - (b) it is advertised in a daily newspaper circulating in the district in which the premises are situated. - ‘(3) — (a) A notice to terminate is sufficiently given if— (i) it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or (ii) it is advertised in a daily newspaper circulating in the district in which the premises are situated; (b) where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in paragraph (a) (i) , any occupier of the land or premises or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. - (a) A notice to terminate is sufficiently given if— (i) it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or (ii) it is advertised in a daily newspaper circulating in the district in which the premises are situated; - (i) it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or - (ii) it is advertised in a daily newspaper circulating in the district in which the premises are situated; - (b) where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in paragraph (a) (i) , any occupier of the land or premises or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. - (4) Nothing in this section shall affect the right of a landlord to give notice to terminate otherwise than as provided in this section.’. - (a) A notice to terminate is sufficiently given if— (i) it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or (ii) it is advertised in a daily newspaper circulating in the district in which the premises are situated; - (i) it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or - (ii) it is advertised in a daily newspaper circulating in the district in which the premises are situated; - (b) where a proceeding for the recovery of the possession of land or premises is taken in reliance on a notice to terminate given in a manner provided in paragraph (a) (i) , any occupier of the land or premises or other person claiming an interest in the land or premises shall be entitled to be heard in the proceeding. - (i) it is delivered to a person apparently over the age of 18 years who apparently resides on the premises; or - (ii) it is advertised in a daily newspaper circulating in the district in which the premises are situated; - ‘ 10.(1) The office of councillor shall be vacated if the councillor— (a) is ousted from office by the Supreme Court; or (b) is or has become disqualified under this Act.’ - (a) is ousted from office by the Supreme Court; or - (b) is or has become disqualified under this Act.’ - (a) is ousted from office by the Supreme Court; or - (b) is or has become disqualified under this Act.’ - ‘ 10(1) The office of councillor shall be vacated if the councillor— (i) is ousted from office by the Supreme Court; or (ii) is or has become disqualified under this Act.’. - (i) is ousted from office by the Supreme Court; or - (ii) is or has become disqualified under this Act.’. - (i) is ousted from office by the Supreme Court; or - (ii) is or has become disqualified under this Act.’. - (a) the law may be renumbered in a way that is consistent with current legislative drafting practice; and - (b) all necessary consequential numbering amendments may be made. - (a) a reference in any instrument to the provision is a reference to the provision as numbered or renumbered; and - (b) a reference in the law or another law to the provision may be changed to a reference to the provision as numbered or renumbered.