British Guiana (Constitution) Order 1964

JurisdictionUK Non-devolved
CitationSI 1964/921

1964 No. 921

CARIBBEAN AND NORTH ATLANTIC

TERRITORIES

The British Guiana (Constitution) Order 1964

23rdJune 1964

On a day to be appointed under s. 1(1)

At the Court at Buckingham Palace, the 23rd day of June 1964

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 twenty-fifth day of March 1964;

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 in Council;

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:—

Citation, commencement and construction.

1.—(1) This Order may be cited as the British Guiana (Constitution) Order 1964, and shall come into operation on such date as the Governor, acting in his discretion, may by proclamation published in the Gazette appoint.

(2) This Order shall be construed as one with the British Guiana (Constitution) Order in Council 1961(c) (hereinafter referred to as "the principal Order") and this Order and that Order may be cited together as the British Guiana (Constitution) Orders 1961 and 1964.

Amendment of Constitution of British Guiana.

2. The Constitution set out in the Annex to the principal Order is amended as follows—

(a) Part IV is deleted and the Part set out in Schedule 1 to this Order is substituted; and

(b) the provisions specified in the first column of Schedule 2 to this Order are amended in the manner specified in the second column of that Schedule.

Transitional provisions.

3.—(1) The provisions of the principal Order, as amended by this Order, shall have effect as if the Legislature had been dissolved at the commencement of this Order.

(2) The provisions of the principal Order shall, until the House of Assembly first meets, continue to apply in relation to the persons holding office as Ministers or Parliamentary Secretaries immediately before the commencement of this Order as if this Order had not been

(a) 9 & 10 Geo. 6. c. 36.

(b) 18 & 19 Geo. 5. c. 5.

(c) S.I. 1961/1188 (1961 II, p. 2152).

made; and any person who holds office as a Minister or a Parliamentary Secretary when that House first meets shall thereupon vacate his office.

(3) Any regulations made under the British Guiana (Registration) Order 1964(a) and in force immediately before the commencement of this Order shall have effect as if they were regulations made under article 47 of the Constitution set out in the Annex to the principal Order as amended by this Order; and the aforesaid Order of 1964 shall cease to have effect at the commencement of this Order.

(4) (a) Any of the powers conferred on the Legislature by the following provisions of the Constitution set out in Schedule 1 to this Order, that is to say article 50(1)(b), (f), (g) and (h), article 50(2), article 51(2)(d), article 66 and article 70, shall until it has been exercised by the Legislature be exercisable by the Governor by regulations made by him in his discretion and the references in those provisions to laws of the Legislature shall be construed accordingly.

(b) Regulations made under this subsection may be revoked or amended by a law of the Legislature.

W. G. Agnew.

Section 2.

SCHEDULE 1

"PART IV—THE LEGISLATURE

The House of Assembly

Establishment of House of Assembly.

46. There shall be, for British Guiana, a House of Assembly.

Composition of House of Assembly.

47.—(1) Subject to paragraph (2) of this article, the House of Assembly shall consist of fifty-three members.

(2) For the purpose of returning the said fifty-three members to the House of Assembly British Guiana shall form a single electoral area and the said members shall be elected in accordance with such system of proportional representation, and otherwise in such manner, as may be provided by regulations made by the Governor.

(3) Any regulations made under this article may charge upon the revenues or public funds of British Guiana any expenditure incurred for the purposes of any such regulation and the Governor may, by warrant under his hand, authorise the withdrawal from the public funds of British Guiana of any sum of money certified by such warrant to be required for the purpose of meeting any expenditure so charged.

(4) If any person who is not a member of the House of Assembly is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the fifty-three members aforesaid.

(5) The powers of the Governor under this article shall be exercised by him in his discretion.

Qualifications and disqualifications for electors.

48.—(1) Subject to the provisions of paragraph (2) of this article, a person shall be qualified to be registered as an elector for elections to the House of Assembly if, and shall not be so qualified unless, on the qualifying date, he—

(a) is a British subject of the age of twenty-one years or upwards;

(a) S.I. 1964/492 (1964 I, p. 822).

(b) is resident in British Guiana and either has been so resident for a period of two years immediately before the qualifying date or is domiciled in British Guiana.

(2) No person shall be qualified to be registered as an elector for elections to the House of Assembly who on the qualifying date—

(a) is under sentence of death imposed on him by a court, in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in British Guiana; or

(c) is disqualified for registration by any regulations made under article 47 of this Constitution or by any law of the Legislature by reason of his having committed any offence against any such regulation or any offence against any other law in force in British Guiana relating to offences connected with elections.

(3) In this article "qualifying date" means such date as may be appointed by or under any regulations made under article 47 of this Constitution as the date with reference to which a register of electors shall be compiled or revised.

Qualifications for election as member.

49. Subject to the next following article, a person shall be qualified to be elected as a member of the House of Assembly if, and shall not be qualified to be so elected unless, he—

(a) is a British subject of the age of twenty-one or upwards;

(b) has resided in British Guiana for a period of two years immediately before such date as may be prescribed by or under any regulations made under article 47 of this Constitution or is domiciled and resident in British Guiana at that date; and

(c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.

Disqualifications for election as member.

50.—(1) No person shall be qualified to be elected as a member of the House of Assembly who—

(a) is by virtue of his own act, under any acknowledgment of member allegiance, obedience or adherence to a foreign power or state;

(b) is disqualified for membership of the House by any law of the Legislature enacted in pursuance of the next following paragraph;

(c) has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged;

(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in British Guiana;

(e) is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(f) is disqualified for membership of the House by any law of the Legislature 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;

(g) is disqualified for membership of the House by any regulations made under article 47 of this Constitution or by any law of the Legislature by reason of his having committed any offence against any such regulation or any offence against any other law in force in British Guiana relating to offences connected with elections;

(h) is disqualified for membership of the House...

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