E - Sovereign Base Areas Cyprus
E - Sovereign Base Areas Cyprus
E - Sovereign Base Areas Cyprus
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SUPPLEMENT No.3<br />
TO<br />
THE SOVEREIGN BASE AREAS GAZETTE<br />
No. 1146 of 22nd March 1999<br />
SUBSIDIARY LEGISLATION<br />
CONTENTS:<br />
The following SUBSIDIARY LEGISLATION is published in this<br />
Supplement which forms part of this Gazette : -<br />
The Courts Ordinance -<br />
No.<br />
1<br />
Rules ofcourt ..................................................... 13<br />
The Supplies and Services (Transitional Powers) (Continuation) Ordinance -<br />
Order under Defence Regulation 64 .................................. 14<br />
Order under Defence Regulation 64 .................................. 15<br />
Order under Defence Regulation 64 .................................. 16<br />
Order under Defence Regulation 64 .................................. 17<br />
Order under Defence Regulation 64 .................................. 18<br />
Order under Defence Regulation 63 .................................. 19<br />
(23)
24<br />
No. 13<br />
THE COURTS ORDINANCE<br />
(Ordinances 3 of 1960, 7 of 1961, 19 of 1962, 5 of 1963<br />
3 of 1965, 9 of 1977, 12 of 1984 and 6 of 1988).<br />
S.L.Vol.11 p.120<br />
P.Is.Nos.321154,<br />
549156, 295158<br />
(<strong>Cyprus</strong>)<br />
P.Is.Nos.65166,<br />
61169,7173,12174,<br />
88176,8179,27184,<br />
68187 and 126192.<br />
In exercise of the powers vested in him by section 63 of the<br />
Courts Ordinance 1960 and of all other powers enabling him in that<br />
behalf, the Administrator hereby makes the following Rules:-<br />
1. These Rules may be cited as the Civil Procedure (Amendment)<br />
Rules 1999 and shall be read as one with the Civil Procedure Rules<br />
as amended from time to time (hereinafter referred to as “the<br />
principal Rules”).<br />
2. The principal Rules are hereby amended by deleting Part I1<br />
of Appendix “B” thereof and substituting therefor the following new<br />
Part -<br />
............. /PART 11
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32. In the case of appearance before the Court for hearing, if the<br />
hearing is adjourned because of lack of time Advocates fees are allowed<br />
on the lower scale unless the Court orders otherwise.<br />
33. Where the action or the appeal is settled on the day of the hearing<br />
the Court may allow the fees provided for the hearing.<br />
34. For the following types of cases the scales of the Advocates fees<br />
shall be determined as hereinafter provided:<br />
(a) Prerogative Orders between E5,OOO - E25,OOO.<br />
(b) For Originating Summonses between E5,OOO-E25,OOO.<br />
(c) For any other proceedings not otherwise provided for above,<br />
the scale which corresponds to the value of the subject matter.<br />
35. Subject to any special Order of the Court in determining the scale<br />
applicable, the following criteria shall apply:<br />
(a)<br />
From commencement of action up to and including filing of the<br />
Appearance, or judgement in default of appearance by the<br />
defendant - the claim on the writ of summons.<br />
(b) After appearance up to judgement - the amount or value of the<br />
subject-matter of the action in dispute, as disclosed in the<br />
pleadings.<br />
(c) In actions for money claims - the amount adjudged or the<br />
amount for which the action has been settled.<br />
(d) In other actions -<br />
The value of the subject-matter of the action actually in dispute<br />
between the parties.<br />
(e) Court steps for enforcement of judgement - the amount for<br />
which execution is sought.<br />
(f) In respect of maintenance orders -<br />
The monthly amount fixed by the Court.<br />
(g) In respect of appeals - the amount or the value of the subjectmatter<br />
of the appeal.<br />
36. The Court may order that the advocates fees as against his client,<br />
be based on a different scale than the scale applicable under the previous<br />
paragraph.<br />
37. In respect of any judgement by consent, the following shall be<br />
determined separately:<br />
(a) The amount awarded<br />
(b) The actual costs<br />
(c) Advocates fees.<br />
3. The Civil Procedure (Amendment) Rules 1987 and 1992 are P.I 68/87,126/92.<br />
hereby revoked.<br />
4. These Rules shall be deemed to come into force on the date<br />
of their publication in the Gazette.<br />
Provided that these Rules shall be applicable to all civil<br />
proceedings filed on or after 19 July 1996 the costs for which have<br />
not been determined up to the date of such application.<br />
Dated this 8th day of March 1999.<br />
By the Administrator's Command,<br />
( 1 28/5/ 1 )<br />
P.A. ROTHERAM,<br />
Chief Officer,<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.
No. 14<br />
30<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CONTINUATION) ORDINANCE<br />
(Cap.175A - Laws of <strong>Cyprus</strong>).<br />
‘THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CYPRUS) ORDER 1946.<br />
ORDER MADE BY THE ADMINISTRATOR<br />
UNDER DEFENCE REGULATION 64.<br />
Whereas by Order dated the 30th April 1985 published in<br />
Supplement No. 3 to the Gazette of the 10th May 1985 under<br />
Notification No. 23 (hereinafter referred to as “the Order”), the<br />
Administrator authorised the use for military purposes of the land<br />
and property set out in the Second Schedule to the Order, situated<br />
in the <strong>Sovereign</strong> <strong>Base</strong> Area of Akrotiri (hereinafter referred to as<br />
“the land”), subject to the restrictions and conditions therein laid<br />
down for a period of two years;<br />
And whereas by virtue of Notification No. 15 published in<br />
Supplement No. 3 to the Gazette of the 4th February 1987, the Order<br />
was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 19 published in<br />
Supplement No. 3 to the Gazette of the 23rd February 1989, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 21 published in<br />
Supplement No. 3 to the Gazette of the 28th February 1991, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 11 published in<br />
Supplement No. 3 to the Gazette of the 24th February 1993, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 13 published in<br />
Supplement No. 3 to the Gazette of the 18th May 1995, the Order<br />
was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 15 published in<br />
Supplement No. 3 to the Gazette of the 10th April 1997 the Order<br />
was extended for a further period of two years;<br />
And whereas the Administrator is satisfied that the land should<br />
continue to be used for military purposes for a further period of two<br />
years;<br />
Now, therefore, in exercise of the powers vested in him by the<br />
Defence Regulation 64, as set out in the First Schedule to the<br />
Supplies and Services (Transitional Powers) (<strong>Cyprus</strong>) Order 1946,<br />
(as applied to and adapted in the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> of Akrotiri<br />
and Dhekelia Order in Council 1960, and the Laws (Adaptation<br />
and Interpretation) (Consolidation and Extension) Ordinance,<br />
which Order continues in force by virtue of the provisions of the
31<br />
Supplies and Services (Transitional Powers) (Continuation)<br />
Ordinance, the Administrator has authorised the use of the said<br />
land for military purposes subject to the restrictions and conditions<br />
laid down in the Order for a further period of two years as from<br />
the 30th April 1999.<br />
Dated this 15th day of March 1999.<br />
(1 06/22)<br />
By the Administrator's Command,<br />
P.A. ROTHERAM,<br />
Chief Officer,<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.
No. 15<br />
32<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CONTINUATION) ORDINANCE<br />
(Cap.175A - Laws of <strong>Cyprus</strong>).<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CYPRUS) ORDER 1946.<br />
ORDER MADE BY THE ADMINISTRATOR<br />
UNDER DEFENCE REGULATION 64.<br />
Whereas by Order dated the 30th April 1985 published in<br />
Supplement No. 3 to the Gazette of the 10th May 1985 under<br />
Notification No. 25 (hereinafter referred to as “the Order”), the<br />
Administrator authorised the use for military purposes of the land<br />
and property set out in the Second Schedule to the Order, situated<br />
in the <strong>Sovereign</strong> <strong>Base</strong> Area of Akrotiri (hereinafter referred to as<br />
“the land”), subject to the restrictions and conditions therein laid<br />
down for a period of two years;<br />
And whereas by virtue of Notification No. 17 published in<br />
Supplement No. 3 to the Gazette of the 4th February 1987, the Order<br />
was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 21 published in<br />
Supplement No. 3 to the Gazette of the 23rd February 1989, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 23 published in<br />
Supplement No. 3 to the Gazette of the 28th February 1991, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 13 published in<br />
Supplement No. 3 to the Gazette of the 24th February 1993, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 33 published in<br />
Supplement No. 3 to the Gazette of the 18th May 1995, the Order<br />
was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 15 published in<br />
Supplement No. 3 to the Gazette of the 10th April 1997 the Order<br />
was extended for a further period of two years;<br />
And whereas the Administrator is satisfied that the land should<br />
continue to be used for military purposes for a further period of two<br />
years;<br />
Now, therefore, in exercise of the powers vested in him by the<br />
Defence Regulation 64, as set out in the First Schedule to the<br />
Supplies and Services (Transitional Powers) (<strong>Cyprus</strong>) Order 1946,<br />
(as applied to and adapted in the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> of Akrotiri<br />
and Dhekelia Order in Council 1960, and the Laws (Adaptation<br />
and Interpretation) (Consolidation and Extension) Ordinance,<br />
which Order continues in force by virtue of the provisions of the
33<br />
Supplies and Services (Transitional Powers) (Continuation)<br />
Ordinance, the Administrator has authorised the use of the said<br />
land for military purposes subject to the restrictions and conditions<br />
laid down in the Order for a further period of two years as from<br />
the 30th April 1999.<br />
Dated this 15th day of March 1999.<br />
By the Administrator's Command,<br />
P.A. ROTHERAM,<br />
(I 06/22)<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.
No. 16<br />
34<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CONTINUATION) ORDINANCE<br />
(Cap.175A - Laws of <strong>Cyprus</strong>).<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CYPRUS) ORDER 1946.<br />
ORDER MADE BY THE ADMINISTRATOR<br />
UNDER DEFENCE REGULATION 64.<br />
Whereas by Order dated the 30th April 1985 published in<br />
Supplement No. 3 to the Gazette of the 10th May 1985 under<br />
Notification No. 24 (hereinafter referred to as “the Order”), the<br />
Administrator authorised the use for military purposes of the land<br />
and property set out in the Second Schedule to the Order, situated<br />
in the <strong>Sovereign</strong> <strong>Base</strong> Area of Akrotiri (hereinafter referred to as<br />
“the land”), subject to the restrictions and conditions therein laid<br />
down for a period of two years;<br />
And whereas by virtue of Notification No. 16 published in<br />
Supplement No. 3 to the Gazette of the 4th February 1987, the Order<br />
was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 20 published in<br />
Supplement No. 3 to the Gazette of the 23rd February 1989, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 22 published in<br />
Supplement No. 3 to the Gazette of the 28th February 1991, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 12 published in<br />
Supplement No. 3 to the Gazette of the 24th February 1993, the<br />
Order was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 32 published in<br />
Supplement No. 3 to the Gazette of the 18th May 1995, the Order<br />
was extended for a further period of two years;<br />
And whereas by virtue of Notification No. 14 published in<br />
Supplement No. 3 to the Gazette of the 10th April 1997 the Order<br />
was extended for a further period of two years;<br />
And whereas the Administrator is satisfied that the land should<br />
continue to be used for military purposes for a further period of two<br />
years;<br />
Now, therefore, in exercise of the powers vested in him by the<br />
Defence Regulation 64, as set out in the First Schedule to the<br />
Supplies and Services (Transitional Powers) (<strong>Cyprus</strong>) Order 1946,<br />
(as applied to and adapted in the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> of Akrotiri<br />
and Dhekelia Order in Council 1960, and the Laws (Adaptation<br />
and Interpretation) (Consolidation and Extension) Ordinance,<br />
which Order continues in force by virtue of the provisions of the
35<br />
Supplies and Services (Transitional Powers) (Continuation)<br />
Ordinance, the Administrator has authorised the use of the said<br />
land for military purposes subject to the restrictions and conditions<br />
laid down in the Order for a further period of two years as from<br />
the 30th April 1999.<br />
Dated this 15th day of March 1999.<br />
(1 06/22)<br />
By the Administrator's Command,<br />
P.A. ROTHERAM,<br />
Chief Officer,<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.
No. 17<br />
36<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CONTINUATION) ORDINANCE<br />
(Cap.175A - Laws of <strong>Cyprus</strong>).<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CYPRUS) ORDER 1946.<br />
ORDER MADE BY THE ADMINISTRATOR<br />
UNDER DEFENCE REGULATION 64.<br />
Whereas by Order dated the 6th May 1997 published in<br />
Supplement No. 3 to the Gazette of the 6th May 1997 under<br />
Notification No. 25 (hereinafter referred to as “the Order”), the<br />
Administrator authorised the use for military purposes of the land<br />
and property set out in the Second Schedule to the Order, situated<br />
in the <strong>Sovereign</strong> <strong>Base</strong> Area of Akrotiri (hereinafter referred to as<br />
“the land”), subject to the restrictions and conditions therein laid<br />
down for a period of two years;<br />
And whereas the Administrator is satisfied that the land should<br />
continue to be used for military purposes for a further period of two<br />
years;<br />
Now, therefore, in exercise of the powers vested in him by the<br />
Defence Regulation 64, as set out in the First Schedule to the<br />
Supplies and Services (Transitional Powers) (<strong>Cyprus</strong>) Order 1946,<br />
(as applied to and adapted in the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> of Akrotiri<br />
and Dhekelia Order in Council 1960, and the Laws (Adaptation and<br />
Interpretation) (Consolidation and Extension) Ordinance, which<br />
Order continues in force by virtue of the provisions of the Supplies<br />
and Services (Transitional Powers) (Continuation) Ordinance, the<br />
Administrator has authorised the use of the said land for military<br />
purposes subject to the restrictions and conditions laid down in the<br />
Order for a further period of two years as from the 6th May 1999.<br />
Dated this 19th day of March 1999.<br />
By the Administrator’s Command,<br />
P.A. ROTHERAM,<br />
Chief Officer,<br />
(1 06/22)<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.
No. 18<br />
37<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CONTINUATION) ORDINANCE<br />
(Cap. 175A - Laws of <strong>Cyprus</strong>).<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CYPRUS) ORDER 1946.<br />
ORDER MADE BY THE ADMINISTRATOR<br />
UNDER DEFENCE REGULATION 64.<br />
Whereas by Order dated the 6th May 1997 published in<br />
Supplement No. 3 to the Gazette of the 6th May 1997 under<br />
Notification No. 26 (hereinafter referred to as “the Order”), the<br />
Administrator authorised the use for military purposes of the land<br />
and property set out in the Second Schedule to the Order, situated<br />
in the <strong>Sovereign</strong> <strong>Base</strong> Area of Akrotiri (hereinafter referred to as<br />
“the land”), subject to the restrictions and conditions therein laid<br />
down for a period of two years;<br />
And whereas the Administrator is satisfied that the land should<br />
continue to be used for military purposes for a further period of two<br />
years;<br />
Now, therefore, in exercise of the powers vested in him by the<br />
Defence Regulation 64, as set out in the First Schedule to the<br />
Supplies and Services (Transitional Powers) (<strong>Cyprus</strong>) Order 1946,<br />
(as applied to and adapted in the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> of Akrotiri<br />
and Dhekelia Order in Council 1960, and the Laws (Adaptation and<br />
Interpretation) (Consolidation and Extension) Ordinance, which<br />
Order continues in force by virtue of the provisions of the Supplies<br />
and Services (Transitional Powers) (Continuation) Ordinance, the<br />
Administrator has authorised the use of the said land for military<br />
purposes subject to the restrictions and conditions laid down in the<br />
Order for a further period of two years as from the 6th May 1999.<br />
Dated this 19th day of March 1999.<br />
By the Administrator’s Command,<br />
P.A. ROTHERAM,<br />
Chief Officer,<br />
(1 06/22)<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.
No. 19<br />
38<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CONTINUATION) ORDINANCE<br />
(Cap.175A - Laws of <strong>Cyprus</strong>).<br />
THE SUPPLIES AND SERVICES (TRANSITIONAL POWERS)<br />
(CYPRUS) ORDER 1946.<br />
ORDER MADE BY THE ADMINISTRATOR<br />
UNDER DEFENCE REGULATION 63.<br />
In exercise of the powers vested in him by Defence Regulation<br />
63, as set out in the First Schedule to the Supplies and Services<br />
(‘Transitional Powers) (<strong>Cyprus</strong>) Order 1946, (as applied to and<br />
adapted in the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> of Akrotiri and Dhekelia Order<br />
in Council 1960 and the Laws (Adaptation and Interpretation)<br />
(Consolidation and Extension) Ordinance which Order continues in<br />
force by virtue of the provisions of the Supplies and Services<br />
(Transitional Powers) (Continuation) Ordinance, the Competent<br />
Authority for the purpose of the said Regulation hereby makes the<br />
following Order:-<br />
1. Subject to the restrictions and conditions contained in the First<br />
Schedule to this Order, the use for the purpose of constructing the<br />
Larnaca-Famagusta motorway, Pyla-Xylotymbou section, through<br />
the Dhekelia <strong>Sovereign</strong> <strong>Base</strong> Area, of the land and property<br />
specified in the Second Schedule hereto (hereinafter referred to as<br />
“the land”) during a period of one year as from 22 March 1999 is<br />
hereby authorised.<br />
2. The persons using the land in pursuance of this Order are<br />
entitled to do thereon or in relation thereto such acts as may be<br />
necessary for the purpose referred to in paragraph 1.<br />
3. The exercise of any right of way over the land and of any other<br />
right relating thereto which is enjoyed by any person whether by<br />
virtue of any interest in the land or otherwise, is hereby prohibited<br />
during the period this Order shall remain in force.<br />
FIRST SCHEDULE<br />
1. The land shall be occupied and used for the purpose of<br />
constructing the Larnaca- Famagusta motorway, Pyla-Xylotymbou<br />
section, through the Dhekelia <strong>Sovereign</strong> <strong>Base</strong> Area.<br />
2. At the expiration of this Order, that part of the land which<br />
shall not have been compulsorily acquired by an Order made under<br />
section 6 of the Land Acquisition Ordinance (Cap.226 - Laws of<br />
<strong>Cyprus</strong>, as amended from time to time), shall be returned to the<br />
persons entitled thereto, free of any erection, structure or<br />
construction erected or constructed thereon after the making of this<br />
Order.<br />
3. Compensation shall be paid to the persons having an interest<br />
in the land for its use and occupation under this Order.
(part), 274 (part), 282 (part), 281 (part), 284 (whole), 283 (part),<br />
285 (part) of the Government Survey Plan XLI.4, plot No.264 (part)<br />
of the Government Survey Plan XLI.4W2 of the Pyla village, plot<br />
No.239 (part) of the Government Survey Plan XLI.4W2, and plot<br />
No.44 (part) of the Government Survey Plan XLI.4W2, XLI.4E2,<br />
XLI.12W1, and XLI.12E1, of Xylotymbou village.<br />
I The land area of the above immovable properties comprises 153<br />
, decars and 400 square metres or thereabouts and is shown coloured<br />
red on the relative set of plans kept at the Headquarters of the<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> Administration.<br />
I<br />
t<br />
, Given under my hand this 22nd day of March 1999.<br />
(206)<br />
P.A. ROTHERAM,<br />
Chief Officer,<br />
<strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong>.<br />
Competent Authority.
Printed by the <strong>Sovereign</strong> <strong>Base</strong> <strong>Areas</strong> Administration Printing Press