British Guiana (Constitution) Order in Council, 1953
| Jurisdiction | UK Non-devolved |
| Citation | SI 1953/586 |
| Year | 1953 |
1953 No. 586
BRITISH GUIANA
CONSTITUTION
The British Guiana (Constitution) Order in Council, 1953At the Court at Windsor Castle, the 1st day of April, 1953
Present, The Queen's Most Excellent Majesty in Council
Whereas by the British Guiana Act, 1928(a), Her Majesty in Council is empowered to create and constitute a Legislature for the Colony of British Guiana in such form and with such powers as Her Majesty in Council may determine, and from time to time to alter and amend the constitution of the Legislature and any powers thereof:
And whereas by the said Act it is provided that any such Order in Council may provide that, notwithstanding the powers conferred on the Legislature thereby, there shall be reserved to or conferred on Her Majesty full power by Order in Council from time to time to make laws for the peace, order and good government of the Colony of British Guiana:
And Whereas by the Orders in Council mentioned in Part I of the Schedule to this Order provision is made for a Legislature in and for the said Colony and power is reserved to Her Majesty from time to time, with the advice of Her Privy Council, to make laws for the peace, order and good government of the Colony:
And Whereas by the Letters Patent mentioned in Part II of the Schedule to this Order there is established in and for the Colony an Executive Council to be constituted in such manner and to consist of such persons as may be directed by Instructions under the Royal Sign Manual and Signet:
And Whereas upon the commencement of the British Guiana Letters Patent, 1953, the Letters Patent mentioned in Part II of the Schedule to this Order will be revoked:
And Whereas it is expedient to revoke the Orders in Council mentioned in Part I of the Schedule to this Order and by this Order to establish, and make provision for the constitution of, an Executive Council and a Legislature in and for the Colony of British Guiana in place of the Executive Council and Legislature aforesaid, and to make such other provisions as are hereinafter contained:
Now, therefore, Her Majesty, by virtue and in exercise of the powers aforesaid and of all other powers enabling Her in that behalf, is pleased,
(a) 18 & 19 Geo. 5. c. 5.
by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
Preliminary
Interpretation
1.—(1) In this Order, unless the context otherwise requires—
"the appointed day" means the day appointed under Article 2 of the British Guiana Letters Patent, 1953;
"Chamber" means the State Council or the House of Assembly established by this Order;
"the Colony" means the Colony of British Guiana;
"the Executive Council" means the Executive Council established by this Order;
"the existing Instructions" means the Instructions mentioned in Part III of the Schedule to this Order;
"the existing Letters Patent" means the Letters Patent mentioned in Part II of the Schedule to this Order;
"the existing Orders" means the Orders in Council mentioned in Part I of the Schedule to this Order;
"the Gazette" means the Official Gazette of British Guiana;
"the Governor" means the Governor and Commander-in-Chief of British Guiana and includes the officer for the time being administering the Government and, to the extent to which a Deputy for the Governor is authorized to act, that Deputy;
"the Legislative Council" means the Legislative Council established by the existing Orders;
"meeting" means any sitting or sittings of the State Council or the House of Assembly, commencing when the Chamber first meets after being summoned at any time and terminating when the Chamber is adjourned sine die or at the conclusion of a session;
"public office" means any office of emolument in the public service;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"the Public Seal" means the Public Seal of the Colony;
"the public service" means the service of the Crown in respect of the Government of the Colony;
"session" means the sittings of the State Council or the House of Assembly commencing when the Chamber first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Chamber is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the State Council or the House of Assembly is sitting continuously without adjournment, and includes any period during which the Chamber is in committee;
"the Speaker" and "the Deputy Speaker" mean respectively the Speaker and the Deputy Speaker of the House of Assembly.
(2) Where in this Order reference is made to any officer by the term designating his office, such reference shall be construed as a reference to the officer for the time being lawfully discharging the functions of that office.
(3) References in this Order to Her Majesty's dominions shall have effect as if they included references to all British protectorates and protected states and to all territories administered by the Government of any part of Her Majesty's dominions under the trusteeship system of the United Nations.
(4) (a) For the purposes of this Order a person shall not be considered to hold an office of emolument under the Crown if he is on leave of absence pending relinquishment of such office or by reason only that he is in receipt of a pension or other like allowance in respect of service under the Crown; and if it shall be declared by any law in force in the Colony that an office shall not be an office of emolument under the Crown for all or any of the purposes of this Order, this Order shall have effect accordingly as if such law were enacted herein.
(b) For the purposes of this Order a person shall not be considered to be a public officer or otherwise to hold office of emolument under the Crown by reason of the fact that he is in receipt of a salary or other emoluments in respect of his tenure of the office of Speaker, Minister, Under-Secretary, Member of the State Council or Member of the House of Assembly.
(5) This Order shall be construed—
(a) as if subsection (1) of section 1 of the India (Consequential Provision) Act, 1949(a), applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection; and
(b) as if subsection (2) of section 3 of the British Nationality Act, 1948(b), (as interpreted by subsection (1) of section 3 of the Ireland Act, 1949(c)) and subsection (2) of section 3 of the Ireland Act, 1949, applied to it as those subsections apply to laws in force at the dates of the commencement of those Acts respectively.
(6) Save as in this Order otherwise provided, or required by the context, the Interpretation Act, 1889(d), shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Short title and commencement
2. This Order may be cited as the British Guiana (Constitution) Order in Council, 1953. It shall be published in the Gazette and, save as otherwise expressly provided in this Order, shall come into operation on the appointed day.
Revocation
3.—(1) The existing Orders are hereby revoked.
(2) The aforesaid revocation shall not prejudice anything lawfully done under the existing Orders and in particular the continued operation of any law in force in British Guiana immediately before the appointed day shall not be affected by reason only of such revocation.
(a) 12, 13 & 14 Geo. 6. c. 92.
(b) 11 & 12 Geo. 6. c. 56.
(c) 12, 13 & 14 Geo. 6. c. 41.
(d) 52 & 53 Vict. c. 63.
Provisions to give effect to Order
4.—(1) The Governor may by Order, at any time within twelve months after the date on which this section comes into operation—
(a) make such provision as appears to him necessary or expedient for the purpose of bringing existing instruments into accord with the provisions of this Order or otherwise for giving effect, or enabling effect to be given, to those provisions; and in particular and without prejudice to the generality of the foregoing power the Governor may by such Orders—
(i) modify, add to or adapt any provisions in existing instruments which refer, in whatever terms, to the Legislative Council, the Executive Council, the Governor in Executive Council, or the Members of either of those Councils;
(ii) provide for the transfer of functions, powers and duties conferred or imposed by existing instruments upon any person or authority to such other person or authority as may be specified by such Orders;
(iii) declare that any office shall not be an office of emolument under the Crown for all or any of the purposes of this Order;
(b) revoke or amend any provisions in existing instruments under which a Member of the Legislative Council is, or may be, by virtue of membership of that Council, an officer or member of any board, committee, corporation or other body established by, or in pursuance of, such existing instruments.
(2) An Order made under this section—
(a) may be given retrospective operation to a date not earlier than the date on which this section comes into operation;
(b) shall be published in the Gazette, and shall thereupon have the force of law and shall take effect on the date specified therein or in any other such Order; and
(c) may be revoked or amended by a further Order made under this section or by any law enacted under the provisions of this Order.
(3) In this section "existing instruments" means ordinances, rules, regulations, by-laws, proclamations, orders, licences, permits and other enactments and instruments having the force of law, or issued in pursuance of statutory powers, and in force in the Colony at the date of the Order by which they are affected.
(4) This section shall come into operation forthwith.
PART II
Executive Council
Executive Council
5. There shall be an Executive Council in and for the Colony which shall consist of the Governor, as President, three ex officio Members and seven Ministers.
...To continue reading
Request your trial