British Guiana (Constitution) Order in Council, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/1188 |
1961 No. 1188
CARIBBEAN AND NORTH ATLANTIC
TERRITORIES
The British Guiana (Constitution) Order in Council, 196126thJune 1961
At the Court at Buckingham Palace, the 26th day of June, 1961
Present,
The Queen's Most Excellent Majesty in Council
Whereas a copy of the draft of the following Order was laid before each House of Parliament on the fifth day of May, 1961;
And Whereas during a period of forty days beginning with that day and reckoned for the purposes of section 6 of the Statutory Instruments Act, 1946(a), neither House has resolved that the draft be not submitted to Her Majesty:
Now, therefore, Her Majesty, by virtue and in exercise of Her powers under the British Guiana Act, 1928(b), and 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:—
PART I—GENERAL
Citation, commencement and revocation.
1.—(1) This Order may be cited as the British Guiana (Constitution) Order in Council, 1961, and the Annex to this Order may be cited separately as the Constitution of British Guiana.
(2) Subject to the provisions of sections 6 and 16 of this Order, the provisions of this Order and of the Constitution annexed to this Order shall, except where otherwise provided, come into force on such date as the Governor, acting in his discretion, may by proclamation published in the Gazette appoint (in this Order referred to as "the appointed date").
(3) The provisions of article 22 and Parts III and VI of the Constitution shall come into force on such date after the appointed date as the Governor, acting in his discretion, may by order published in the Gazette appoint.
(4) Subject to the provisions of section 5, subsections (2) and (3) of section 9, and section 14 of this Order, the following Orders are hereby revoked—
(a) The British Guiana (Constitution) Order in Council, 1953(c);
(b) The British Guiana (Constitution) (Amendment) Order in Council, 1953(d);
(c) The British Guiana (Emergency) Order in Council, 1953(e);
(d) The British Guiana (Constitution) (Amendment) (No. 2) Order in Council, 1953(f);
(e) The British Guiana (Constitution) (Temporary Provisions) Order in Council, 1953(g);
(a) 9 & 10 Geo. 6. c. 36.
(b) 18 & 19 Geo. 5. c. 5.
(c) S.I. 1953/586 (1953 I, p. 126).
(d) S.I. 1953/1478 (1953 I, p. 160).
(e) S.I. 1953/1479 (1953 I, p. 181).
(f) S.I. 1953/1564 (1953 I, p. 162).
(g) S.I. 1953/1910 (1953 I, p. 163).
(f) The British Guiana (Constitution) (Temporary Provisions) (Amendment) Order in Council, 1956(a); and
(g) The British Guiana (Electoral Provisions) Order in Council, 1960(b).
(5) The British Guiana Letters Patent, 1953(c), are hereby revoked.
Constitution of British Guiana.
2. The provisions of the Constitution set out in the Annex to this Order (in this Order referred to as "the Constitution") shall have the force of law.
PART II—TRANSITIONAL PROVISIONS
First Governor and remuneration of Governor.
3.—(1) The person who, immediately before the appointed date, holds the office of Governor shall, as from that date, hold the like office as if he had been appointed thereto under article 17 of the Constitution, and the Commission under Her Majesty's Sign Manual and Signet by which he was appointed to the office of Governor shall, as from that date, have effect as if it had been granted in pursuance of that article.
(2) Until other provision is made under and in accordance with the provisions of article 20 of the Constitution, the salary and duty allowance of the Governor shall be the salary and duty allowance to which the Governor was entitled immediately before the appointed date.
Expenditure and personal staff of the Governor.
4.—(1) At any time after this section comes into operation and before the appointed date, the Governor, acting with the concurrence of the senior Nominated Unofficial Member of the Executive Council, may, by order published in the Gazette, prescribe in relation to the first Governor under the Constitution any matter which falls to be prescribed by an order made in pursuance of paragraph (1) of article 21 of the Constitution.
(2) Any matter prescribed by an order made under the preceding subsection shall, for the purposes of article 21 of the Constitution, be deemed as from the appointed date to have been prescribed by an order made in pursuance of that article, and the provisions of any order made under the preceding subsection may be amended or revoked by a further order so made or by any order made in pursuance of article 21 of the Constitution.
(3) Any person who, immediately before the appointed date, holds any office prescribed under subsection (1) of this section shall hold that office as from that date as if he had been appointed thereto under article 21 of the Constitution and if he is, immediately before that date, a public officer, shall so hold it as if he had been appointed thereto under paragraph (4) of that article.
(4) For the purposes of this section, "the senior Nominated Unofficial Member of the Executive Council" means the Nominated Unofficial Member of the Executive Council who stands first in order of precedence among such Members by virtue of section 15 of the British Guiana (Constitution) (Temporary Provisions) Order in Council, 1953.
(5) This section shall come into force forthwith.
(a) S.I. 1956/2030 (1956 I, p. 375).
(b) S.I. 1960/2412 (1960 I, p. 465).
(c) S.I. 1953 II, p. 2779.
Continuation of Executive Council and exercise of Governor's powers prior to commencement of Part III of the Constitution.
5.—(1) Until the coming into force of Part III of the Constitution, the provisions of Part II of the British Guiana (Constitution) (Temporary Provisions) Order in Council, 1953, (as amended by the British Guiana (Constitution) (Temporary Provisions) (Amendment) Order in Council, 1956,) shall, subject to the provisions of the next following subsection, continue to have effect, and accordingly the Executive Council established in pursuance of the said provisions shall continue to exist and shall be constituted and shall perform its functions in accordance with those provisions and any member of the Executive Council who immediately before the appointed date is, by virtue of a direction given under the said provisions, charged with responsibility for any subject or department shall, subject to those provisions, continue to be charged with that responsibility:
Provided that no Nominated Unofficial Member of the Executive Council aforesaid shall vacate his seat therein on the grounds that he has ceased to be a member of the Legislative Council established by the British Guiana (Constitution) (Temporary Provisions) Orders in Council, 1953 and 1956, by reason only of the fact that the said Legislative Council has ceased to exist.
(2) Until the coming into force of Part III of the Constitution, section 16 of the British Guiana (Constitution) (Temporary Provisions) Order in Council, 1953, shall have effect in relation to functions conferred upon the Governor by any provision of the Constitution as it has effect in relation to powers conferred upon him by other laws, and for the purposes of paragraph (i) of that section any provision of the Constitution whereby any such function is expressed to be exercisable by the Governor on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with any person or authority other than the Premier or the Council of Ministers shall be construed as a provision that the Governor shall not be obliged to consult with the Executive Council in the exercise of that function.
Provisions relating to public safety and public order.
6.—(1) Until the Governor, with the concurrence of a Secretary of State, declares by order published in the Gazette that this section shall cease to have effect the Constitution shall have effect as if there were inserted—
(a) in paragraph (3) of article 22 a reference to sub-paragraph (c) of paragraph (1) of article 72.
(b) after sub-paragraph (e) of paragraph (3) of article 33, the following sub-paragraph—
"(f) the maintenance of public safety and public order in British Guiana".
(c) after sub-paragraph (b) of paragraph (1) of article 72, the following sub-paragraph—
"(c) securing or maintaining public safety or public order in British Guiana".
(d) at the end of sub-paragraph (c) of the proviso to paragraph (3) of article 74 the words "or the maintenance of public safety or public order in British Guiana".
(2) This section shall come into force forthwith.
Director of Public Prosecutions.
7.—(1) Until a person is appointed under the provisions of article 43 of the Constitution to be Director of Public Prosecutions, the functions of that office shall, as from the coming into force of Part III of the Constitution, be performed by the Solicitor General.
(2) Until other provision is made under and in accordance with paragraphs (4) and (5) of article 43 of the Constitution, the salary and allowances of the Director of Public Prosecutions shall be the salary and allowances which the holder of the office of a judge of the Supreme Court was entitled to immediately before the appointed date.
First electoral districts.
8. Any order made under subsection (1) of section 2 of the British Guiana (Electoral Provisions) Order in Council, 1960, and in force immediately before the appointed date shall continue in force as from that date as if it had been made under article 54 of the Constitution.
Laws relating to certain disqualifications for membership of a chamber of the Legislature, etc.
9.—(1) At any time after this section comes into force and before the appointed date, provision may be made by or in pursuance of any law enacted by the Legislature established by the British Guiana (Constitution) (Temporary Provisions) Orders in Council, 1953 and 1956, for any of the matters for which the Legislature to be established by the Constitution may make provision by...
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