British Indian Ocean Territory Order 1965

JurisdictionUK Non-devolved
CitationSI 1965/1920
Year1965

1965 No. 1920

OVERSEAS TERRITORIES

The British Indian Ocean Territory Order 1965

8thNovember 1965

At the Court at Buckingham Palace, the 8th day of November 1965

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers in that behalf by the Colonial Boundaries Act 1895(a), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation.

1. This Order may be cited as the British Indian Ocean Territory Order 1965.

Interpretation.

2.—(1) In this Order—

"the Territory" means the British Indian Ocean Territory;

"the Chagos Archipelago" means the islands mentioned in schedule 2 to this Order;

"the Aldabra Group" means the islands as specified in the First Schedule to the Seychelles Letters Patent 1948(b) and mentioned in schedule 3 to this Order.

(2) The Interpretation Act 1889(c) shall apply, with the necessary modifications, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to Acts of Parliament of the United Kingdom.

British Indian Ocean Territory to be a separate colony.

3. As from the date of this Order—

(a) the Chagos Archipelago, being islands which immediately before the date of this Order were included in the Dependencies of Mauritius, and

(b) the Farquhar Islands, the Aldabra Group and the Island of Desroches, being islands which immediately before the date of this Order were part of the Colony of Seychelles,

shall together form a separate colony which shall be known as the British Indian Ocean Territory.

Establishment of office of Commissioner.

4. There shall be a Commissioner for the Territory who shall be appointed by Her Majesty by Commission under Her Majesty's Sign Manual and Signet and shall hold office during Her Majesty's pleasure.

Powers and duties of Commissioner.

5. The Commissioner shall have such powers and duties as are conferred or imposed upon him by or under this Order or any other law and such other functions as Her Majesty may from time to time be

(a) 58 & 59 Vict. c. 34.

(b) Rev. XX, p. 688: 1948 I, p. 4730.

(c) 52 & 53 Vict. c. 63.

pleased to assign to him, and, subject to the provisions of this Order and any other law by which any such powers or duties are conferred or imposed, shall do and execute all things that belong to his office according to such instructions, if any, as Her Majesty may from time to time see fit to give him.

Oaths to be taken by Commissioner.

6. A person appointed to hold the office of Commissioner shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath for the due execution of his office in the form set out in schedule 1 to this Order.

Discharge of Commissioner's functions during vacancy, etc.

7.—(1) Whenever the office of Commissioner is vacant or the Commissioner is absent from the Territory or is from any other cause prevented from or incapable of discharging the functions of his office, those functions shall be performed by such person as Her Majesty may designate by Instructions given under Her Sign Manual and Signet or through a Secretary of State.

(2) Before any person enters upon the performance of the functions of the office of Commissioner under this section he shall take and subscribe the oaths directed by section 6 of this Order to be taken by a person appointed to hold the office of Commissioner.

(3) For the purposes...

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