British Caribbean Court of Appeal Order in Council 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/1086 |
| Year | 1962 |
1962 No. 1086
CARIBBEAN AND NORTH ATLANTIC
TERRITORIES
The British Caribbean Court of Appeal Order in Council 196223rdMay 1962
29thMay 1962
1stJune 1962
At the Court at Buckingham Palace, the 23rd day of May 1962
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by section 4 of the West Indies Act 1962(a) and 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:—
Citation and commencement.
1.—(1) This Order may be cited as the British Caribbean Court of Appeal Order in Council 1962.
(2) This Order shall come into operation on the 1st June 1962.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"appeal" includes a reserved question of law and a case stated;
"the Commissioner" means the Commissioner appointed under the provisions of the West Indies (Dissolution and Interim Commissioner) Order in Council 1962(b);
"the Court" means the Court constituted by this Order;
"the existing Court" means the Court constituted by the Constitution of the West Indies;
"the Territories" means the following territories (with their respective dependencies, if any), that is to say, the Colonies of—
(a) Antigua,
(b) Barbados,
(c) British Guiana,
(d) Dominica,
(e) Grenada,
(f) Jamaica,
(g) Montserrat,
(h) Saint Christopher, Nevis and Anguilla,
(i) Saint Lucia,
(j) Saint Vincent,
(k) the Cayman Islands,
(l) the Turks and Caicos Islands,
(m) the Virgin Islands, and
(n) Trinidad and Tobago,
and "Territory" means any of the territories aforesaid.
(b) S.I. 1962/1084 (1962 II, p. 1220).
(2) In this Order, unless the context otherwise requires, references to the holder of an office by the term designating his office include references to any person lawfully discharging the functions of that office.
(3) Where by this Order a power is conferred to make appointments to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, if such other person is on leave of absence pending his relinquishment of that office; and when two or more persons are holding the same office by reason of an appointment made in pursuance of this paragraph, then for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of that office.
(4) The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order or otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.
Constitution of Court.
3.—(1) There shall be a court of appeal for the Territories which shall be styled the British Caribbean Court of Appeal.
(2) The judges of the Court shall be a President and two or more Justices of Appeal, who shall be appointed by the Commissioner in accordance with instructions given by Her Majesty through a Secretary of State.
(3) A person shall be qualified for appointment to the office of President or Justice of Appeal of the Court if, and shall not be so qualified unless—
(a) he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
(b) he has been in practice as an advocate in such a court or courts for a period of, or periods amounting in the aggregate to, not less than ten years.
(4) For the purposes of paragraph (3) of this article a person serving in an office under the Government of some part of the Commonwealth the functions of which include appearing as an advocate in such a court on behalf of that Government shall be deemed to be in practice as an advocate in such a court.
(5) At any time when the office of President of the Court is vacant or the person holding that office is for any reason unable to perform the functions of that office, those functions shall be performed by such one of the Justices of Appeal as may from time to time be designated in that behalf by a Secretary of State.
(6) The Commissioner may, in accordance with such instructions as he may receive from Her Majesty through a Secretary of State, as occasion may require, appoint any person qualified for appointment as a Justice of Appeal to act as a Justice of Appeal and such person shall act as a Justice of Appeal until his appointment is terminated by the Commissioner in accordance with any such instructions, or he resigns.
(7) The Court shall have and use a seal bearing the style of the Court and a device approved by the President.
(a) 52 & 53 Vict. c. 63.
(8)...
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