Aden Colony (Amendment) Order, 1955
| Jurisdiction | UK Non-devolved |
| Citation | SI 1955/1654 |
1955 No. 1654
ADEN
The Aden Colony (Amendment) Order, 195528thOctober 1955
2ndNovember 1955
At the Court at Buckingham Palace, the 28th day of October, 1955
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts, 1887 and 1945(a), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, construction and commencement
1.—(1) This Order may be cited as the Aden Colony (Amendment) Order, 1955, and shall be read and construed as one with the Aden Colony Orders, 1936 to 1947(b).
(2) The Aden Colony Orders, 1936 to 1947, and this Order may be cited together as the Aden Colony Orders, 1936 to 1955.
(3) This Order shall be published in the Gazette, and shall come into operation on such day as the Governor shall, by Proclamation in the Gazette, appoint, which day shall not be earlier than the day after the day on which this Order shall have been laid before both Houses of Parliament.
Amendment of section 4 of Order of 1944
2. For subsection (2) of section 4 of the Order of 1944 there shall be substituted the following subsection:—
"(2) The Council shall consist of—
(a) the Governor as President;
(b) four ex officio Members;
(c) not more than five Nominated Official Members;
* Day appointed, 15.11.55.
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(b) S.R. & O. 1936/1031 (Rev. I, p. 7 : 1936 I, p. 1), S.R. & O. 1944/1316 (Rev. I, p. 11 : 1944 I, p. 1) and S.R. & O. 1947/2778 (Rev. I, p. 18 : 1947 I, p. 1).
(d) not more than five Nominated Unofficial Members, of whom one shall be representative as far as practicable of the commercial interests of the Colony; and
(e) four Elected Members, of whom three shall represent electoral districts (by whatever name called) and one shall represent the Council of the Aden Municipality."
Amendment of section 6 of Order of 1944
3. In section 6 of the Order of 1944 and the marginal note thereto the words "Nominated Official Members" shall be substituted for the words "Official Members".
Amendment of section 7 of Order of 1944
4. In section 7 of the Order of 1944 and the marginal note thereto the words "Nominated Unofficial Members" shall be substituted for the words "Unofficial Members".
Insertion of new sections 7A to 7C in Order of 1944
5. Immediately after section 7 of the Order of 1944 there shall be inserted the following sections:—
"Elected Members.
7A. The Elected Members shall be persons qualified for election in accordance with the provisions of this Order and elected in the manner provided by, or in pursuance of, any law or regulation for the time being in force in the Colony.
Qualifications for elected membership.
7B. Subject to the provisions of section 7C of this Order any person who—
(a) (i) is a British subject born in the Colony, or
(ii) not being born in the Colony, is a British subject or British protected person and has resided in the Colony for a period of seven years out of the ten years immediately before the date of his nomination for election; and
(b) is a male person of not less than twenty-one years of age; and
(c) (i) is the owner of immovable property within the Colony of a value of not less than one thousand five hundred shillings, or
(ii) has been, for twelve months out of the twenty-four months immediately preceding the date of his nomination for election, in occupation of residential or business premises in the Colony of an annual value of not less than two hundred and fifty shillings, or
(iii) has been in receipt of an average monthly income of not less than two hundred shillings during the twelve months immediately before the date of his nomination for election; and
(d) in the case of the person elected to represent the Council of the Aden Municipality, is at the date of his nomination for election either an elected member or an appointed member of such Council within the meaning of the constitution of the Aden Municipality granted under the Municipal Ordinance, 1953(a), or a member of any Commission appointed by the Governor in pursuance of the provisions of that Ordinance,
shall be qualified to be elected as an Elected Member and no other person shall be qualified to be so elected.
Disqualifications for nominated unofficial and elected membership.
7C. No person shall be qualified to be appointed as a Nominated Unofficial Member or elected as an Elected Member who—
(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State; or
(b) except in the case of the Member elected to represent the Council of the Aden Municipality, holds, or is acting in, any office of emolument under the Crown in the Colony; or
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of Her Majesty's dominions; or
(d) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in the Colony; or
(e) has been sentenced by a court in any part of Her Majesty's dominions to death, or to imprisonment (by whatever name called) for a term exceeding twelve months, and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor, or received a free pardon; or
(f) in the case of an Elected Member, is disqualified for election to the Council by any law or regulation for the time being in force in the Colony by reason of his holding, or acting in, any office the functions of which involve—
(i) any responsibility for, or in connection with, the conduct of any election, or
(ii) any responsibility for the compilation or revision of any electoral register; or
(g) is disqualified for membership of the Council by any law or regulation for the time being in force in the Colony relating to offences connected with elections."
(a) Ordinance No. 10 of 1953.
Replacement of section 8 of Order of 1944
6. For section 8 of the Order of 1944 there shall be substituted the following sections:—
"Tenure of office of Nominated and Elected Members.
8.—(1) Subject to the provisions of this Order, every Nominated Member shall hold his seat in the Council during Her Majesty's pleasure.
(2) Every Nominated or Elected Member shall in any case cease to be a Member at the next dissolution of the Council after his appointment or election, or previously thereto if his seat shall become vacant under the provisions of this Order.
(3) The seat of a Nominated or Elected Member shall become vacant—
(a) upon his death; or
(b) if he shall be absent from three consecutive meetings of the Council without having obtained from the Governor, before the termination of any of such meetings, permission to be or to remain absent therefrom; or
(c) if, being a Nominated Member, he is nominated as a candidate in any election of a Member to the Council, or, being an Elected Member, is appointed as a Nominated Member; or
(d) if he shall cease to be a British subject or cease to be a British protected person without becoming a British subject; or shall take any oath, or make any declaration or acknowledgment, of allegiance, obedience or adherence to any foreign Power or State; or shall do, concur in or adopt any act done with the intention that he shall...
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