UNITED KINGDOM STATUTORY INSTRUMENT
2003 No. 456
CARIBBEAN AND NORTH ATLANTIC TERRITORIES
The Bermuda Constitution (Amendment) Order 2003
Made 27th February 2003
Laid before Parliament 11th March 2003
Coming into force – – In accordance with section 1(4)
At the Court at Buckingham Palace, the 27th day of February 2003
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and, in exercise of the powers vested in Her in that behalf by section 1 of the Bermuda Constitution Act 1967and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
S-1
Citation, construction and commencementCitation, construction and commencement
1.—(1) This Order may be cited as the Bermuda Constitution (Amendment) Order 2003 and shall be construed as one with the Bermuda Constitution Order 1968(hereinafter referred to as “the principal Order”).
(2) The principal Order and this Order may be cited together as the Bermuda Constitution Orders 1968 to 2003.
(3) In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the principal Order.
(4) This Order shall come into force on 12th March 2003, except for sections 3, 4 and 7 and the Schedule, which shall come into force upon the next dissolution of the Legislature thereafter.
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Amendment of section 28 of ConstitutionAmendment of section 28 of Constitution
3. Section 28 of the Constitution is amended by substituting the words “thirty-six” for the word “forty”.
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Replacement of section 52 of ConstitutionReplacement of section 52 of Constitution
4. Section 52 of the Constitution is revoked and replaced by the following section –
“Division of Bermuda into single-member constituencies
52.—(1) For the purpose of elections, Bermuda shall be divided into thirty-six constituencies.
(2) Each constituency shall return one member to the House of Assembly.
(3) For the purposes of subsection (1) of this section, the names and boundaries of the constituencies shall be those set out in the Second Schedule to this Constitution:
Provided that the said Schedule may from time to time be modified by order made by the Governor in accordance with section 54(6) of this Constitution.”.
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Amendment of section 53 of ConstitutionAmendment of section 53 of Constitution
5. Section 53 of the Constitution is amended –
(a) in the proviso to subsection (1), by deleting paragraph (a) and replacing it by the following –
“(a)
“(a) a Commission shall be appointed not earlier than 31st August 2005 nor later than 31st August 2009;”;
(b) by inserting after subsection (6) the following new subsection –
“6A For the purpose of the discharge of its functions, a Constituency Boundaries Commission shall invite views from members of the public and may seek such advice as it considers appropriate.”.
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Amendment of section 54 of ConstitutionAmendment of section 54 of Constitution
6. Section 54 of the Constitution is amended –
(a) in subsection (1), by substituting the words “Bermuda is” for the words “the parishes of Bermuda are”;
(b) by deleting subsection (2) and replacing it by the following –
“2 In determining whether or not to recommend any changes in the boundaries of the constituencies, the Commission shall ensure that the constituencies shall contain, so far as is reasonably practicable, equal numbers of persons qualified to be registered as electors under section 55 of this Constitution; and in doing so the Commission –
(a) shall take no account of the racial distribution of electors within Bermuda;
(b) shall take account of geographical features and natural boundaries within Bermuda;
(c) may ignore the boundaries of parishes; and
(d) shall ensure, so far as is reasonably practicable, that each constituency is a contiguous unit.”.
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Addition of new Second Schedule to ConstitutionAddition of new Second Schedule to Constitution
7.—(1) The new Second Schedule to the Constitution set out in the Schedule to this Order is inserted after the existing Schedule to the Constitution.
(2) The existing Schedule to the Constitution is retitled “First Schedule to the Constitution of Bermuda”, and references in the Constitution to that Schedule shall be construed accordingly.
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Amendment of sections 31 and 57 of ConstitutionAmendment of sections 31 and 57 of Constitution
8.—(1) Section 31 of the Constitution is amended in subsection (1)(c) by substituting the words “Commonwealth citizen (within the meaning of the British Nationality Act 1981)” for the words “British subject”.
(2) Section 57 of the Constitution is amended in subsection (3)(a) by substituting the words “Junior Ministers” for the words “Parliamentary Secretaries”.
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Transitional provisionTransitional provision
9. The Legislature may by law make such provision as it considers necessary or expedient in anticipation of the commencement of sections 3, 4 and 7 of, and the Schedule to, this Order.
A. K. Galloway
Clerk of the Privy Council
SCHEDULE
Section 7
SCHEDULE
The new Second Schedule to the Constitution is as follows.
“SECOND SCHEDULE TO THE CONSTITUTION OF BERMUDA
Section 52
CONSTITUENCIES
The names and boundaries of the constituencies into which Bermuda is divided are as follows.
Constituency 1 – St. George’s North
CONSTITUENCY 1 – ST. GEORGE'S NORTH shall be all that land contained within a line drawn from the junction of Somner Lane with Secretary Road; thence North-East along the centreline of Secretary Road to the junction with Park Road; thence North-East along the centreline of Park Road to the junction with Naval Tanks Hill; thence North-West along the centreline of Naval Tanks Hill to the junction with Coot Pond Road; thence North-West to a point on the coastline; thence continuing North-East along the coastline and following the coastline to the junction with Kings Square; thence North along the centreline of Kings Square to the junction with Water Street; thence South-West along the centreline of Water Street to the junction with York Street; thence West along the centreline of York Street to the junction with Rose Hill Street; thence North-West along the centreline of Rose Hill Street to the junction with the unnamed road; thence North-East along the centreline of the unnamed road around the Eastern side of the St. George’s Club to the junction with Somner Lane; thence North-West along the centreline of Somner Lane to the junction with Secretary Road; and shall include Ordnance Island, Gun Powder Island, Hen Island, Horseshoe Island, Peggy’s Island, Higgs Island, Paget Island, Smith’s Island, Governor’s Island, Humpback, Pilot and Bremen Island.
Constituency 2 – St. George’s West
CONSTITUENCY 2 – ST. GEORGE'S WEST shall be all that land contained within a line drawn from the junction of Coot Pond Road with Naval Tanks Hill; thence South-East along the centreline of Naval Tanks Hill to the junction with Park Road; thence South-West along the centreline of Park Road to the junction with Secretary Road; thence South-West along the centreline of Secretary Road to the junction with Somner Lane; thence South along the centreline of Somner Lane to the junction with the unnamed road; thence South along the unnamed road around the Eastern side of the St. George’s Club to the junction with Rose Hill Street; thence South-East along the centreline of Rose Hill Street to the junction with York Street; thence East along the centreline of York Street to the junction with Water Street; thence East along the centreline of Water Street to the junction with Kings Square; thence South along the centreline of Kings Square to a point on the coastline; thence continuing South-West along the coastline and following the coastline to a point on the coastline North-West of the junction of Coot Pond Road with Naval Tanks Hill; thence South-East to the junction of Coot Pond Road with Naval Tanks Hill; and shall include Bartram Island, Roque Island and Little Roque Island.
Constituency 3 – St David's
CONSTITUENCY 3 – ST. DAVID'S shall be all that land contained within a line drawn from the junction of St. David’s Road with Lower Gates Road; thence South-East along the centreline of St. David’s Road to the junction with Chapel of Ease Road; thence North along the centreline of Chapel of Ease Road to the junction with Tranquility Lane; thence North-East to a point on the coastline; thence continuing South-East along the coastline and following the coastline to a point on the coastline South-East of the junction of Cooper’s Island Road with Southside Road; thence North-West to the junction of Cooper’s Island Road with Southside Road; thence North-West along the centreline of Southside Road to the junction with Lower Gates Road; thence North along the centreline of Lower Gates Road to the junction with St. David’s Road; and shall include Little Oswego Island and Great Oswego Island.
Constituency 4 – St. George’s South
CONSTITUENCY 4 – ST. GEORGE'S SOUTH shall be all that land contained within a line drawn from the junction of North Shore Road with Trinity Church Road; thence North-West to a point on the coastline; thence continuing North-East along the coastline and following the coastline to a point on the coastline South-East of the junction of Long Lane with South Road; thence North-West to the junction of Long Lane with South Road; thence North along the centreline of South Road to the junction with Paynters Road; thence North along the centreline of Paynters Road to the junction with Harrington Sound Road; thence North-West to a point on the coastline; thence continuing North-East along the coastline and following the coastline to a point on the coastline South-East of the junction of Summit View Drive with Abbot’s Cliff Road; thence North-West to the junction of Summit View Drive with Abbot’s Cliff Road; thence...
