British Solomon Islands Order 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/477 |
| Year | 1967 |
1967 No. 477
PACIFIC ISLANDS
The British Solomon Islands Order 196723rdMarch 1967
31stMarch 1967
On a day to be appointed under section 1(3)RemainderOn a day to be appointed under section 1(2)
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Section
1. Citation and commencement.
2. Interpretation.
3. Revocation.
PART II
THE HIGH COMMISSIONER
4. High Commissioner's powers and duties.
5. High Commissioner's powers of pardon, etc.
6. High Commissioner's powers as respects offices.
PART III
EXECUTIVE COUNCIL
7. Executive Council.
8. High Commissioner to consult Executive Council.
9. High Commissioner may act against advice of Executive Council.
10. Vacation of seats of appointed members of Executive Council.
11. Temporary members of Executive Council.
12. Determination of questions as to membership.
13. Oath or affirmation by members of Executive Council.
14. Summoning of Executive Council.
15. Presiding in Executive Council.
16. Proceedings in Executive Council.
17. High Commissioner to submit questions.
PART IV
LEGISLATIVE COUNCIL.
18. Legislative Council.
19. Ex officio members.
20. Public service members.
21. Elected members.
22. Nominated members.
23. Qualifications for elected and nominated membership.
24. Disqualifications for elected and nominated membership.
25. Vacation of seats of public service, elected and nominated members.
26. Vacation of seat on sentence, etc.
27. Temporary members of Legislative Council.
28. Determination of questions as to membership.
29. Persons not to be treated as holding public offices.
30. Law as to elections.
PART V
LEGISLATION AND PROCEDURE OF LEGISLATURE
31. Power of High Commissioner and Legislative Council to make laws.
32. Power of High Commissioner to make laws when Legislative Council is dissolved.
33. Royal Instructions.
34. Standing Orders.
35. Privileges of Legislative Council and its members.
36. Oath or affirmation of allegiance.
37. Presiding in Legislative Council.
38. Proceedings in Legislative Council.
39. Voting.
40. Introduction of Bills, etc.
41. High Commissioner's reserved power.
42. Assent to Bills.
43. Publication and commencement of laws.
44. Disallowance of laws.
45. Sessions.
46. Prorogation and dissolution.
47. General elections.
PART VI
THE PUBLIC SERVICE
48. Appointment, etc., of public officers.
49. Public Service Commission.
50. Functions of Public Service Commission.
51. Regulations regarding Public Service Commission.
PART VII
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
52. Executive Council.
53. Electoral regulations.
54. Existing offices and officers.
55. Concurrent appointments, reappointment and re-election.
56. Existing laws.
57. Proclamations, etc., to be printed in the Gazette.
58. Bringing into operation of modifications in Schedule 2.
59. Power reserved to Her Majesty.
SCHEDULE 1
Forms of Oaths and Affirmations
SCHEDULE 2
Modifications to the Order making provision for a Speaker of the Legislative Council
At the Court at Windsor Castle, the 23rd day of March 1967
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890(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 :—
PART I
INTRODUCTORY
Citation and commencement.
1.—(1) This Order may be cited as the British Solomon Islands Order 1967.
(2) This Order shall be published by exhibition at the Public Office of the High Commissioner and, except for sections 49, 50 and 51, shall come into operation on such day (in this Order referred to as " the appointed day") as the High Commissioner, in his discretion, by proclamation published in like manner shall appoint, which day shall not be earlier than the day when this Order is so published nor earlier than 1st April 1967.
(3) Sections 49, 50 and 51 of this Order shall come into operation on such day after the appointed day as the High Commissioner, in his discretion, by proclamation published by exhibition at the Public Office of the High Commissioner shall appoint.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
" Chief Secretary " means the Chief Secretary to the Western Pacific High Commission ;
" Financial Secretary " means the Financial Secretary to the Western Pacific High Commission ;
" Gazette " means the Western Pacific High Commission Gazette ;
" High Commissioner " means Her Majesty's High Commissioner for the Western Pacific ;
" meeting " means any sitting or sittings of the Legislative Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die, or at the conclusion of a session ;
" the Protectorate " means the British Solomon Islands Protectorate ;
" public office " means, subject to the provisions of subsections (4) and (5) of this section, an office of emolument in the public service ;
" public officer " means the holder of a public office and includes any person appointed to act in a public office ;
" the public seal " means the official seal of the High Commissioner ;
" the public service " means the service of the Crown in a civil capacity in respect of the government of the Protectorate ;
(a) 1890 c. 37.
" session " means the sittings of the Legislative Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is prorogued or is dissolved without having been prorogued ;
" sitting " means a period during which the Legislative Council is sitting continuously without adjournment, and includes any period during which the Council is in committee.
(2) Any reference in this Order to power to make appointments to any office shall be construed as including a reference to power to appoint a person to act or perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or of infirmity of body or mind or any other cause) to perform those functions.
(3) In this Order, unless the context otherwise requires, a reference to the holder of an office by the term designating his office includes, to the extent of his authority, any person who is for the time being authorized to perform the functions of that office.
(4) (a) References to a public officer or public office in Parts IV and V of this Order shall be construed as including references to a judge of the High Court of the Western Pacific in the service of the Protectorate or, as the case may be, to the office of such a judge ; but such references in other provisions of this Order shall not be so construed.
(b) The reference in paragraph (a) of this subsection to Part IV of this Order shall not include a reference to section 18A if that section, by virtue of section 58 of this Order, is included in the said Part.
(5) In this Order a person shall not be considered to hold a public office by reason only that he is in receipt of any remuneration or allowance as a member of the Public Service Commission.
(6) The Interpretation Act 1889(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.
Revocation.
3. The British Solomon Islands Order 1964(b) and the British Solomon Islands (Electoral Provisions) Order 1966(c) are revoked.
PART II
THE HIGH COMMISSIONER
High Commissioner's powers and duties.
4. The High Commissioner shall have such powers and duties as are conferred or imposed upon him by or under this Order or any other law for the time being in force in the Protectorate, and such other powers and duties as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Order and of 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 (including the exercise of any powers with respect to which he is empowered by this Order to act in his discretion) according to such instructions, if any, as Her Majesty may from time to time see fit to give him ; but the question
(a) 1889 c. 63.
(b) S.I. 1964/1572 (1964 III, p. 3524).
(c) S.I. 1966/1596 (1966 III, p. 5034).
whether he has in any matter complied with such instructions shall not be enquired into by any court.
High Commissioner's powers of pardon, etc.
5. Subject to the provisions of any Instructions given under Her Majesty's Sign Manual and Signet, the High Commissioner, his discretion, may, in Her Majesty's name and on Her Majesty's behalf—
(a) grant to any person concerned in the commission of any offence for which he may be tried by any court established for the Protectorate or to any person convicted of any offence in any court established for the Protectorate a pardon, either free or subject to lawful conditions ;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person by any court established for the Protectorate ;
(c) substitute a less severe form of punishment for that imposed by any sentence of any such court ; or
(d) remit the whole or any part of any such sentence or of any penalty or forfeiture otherwise due to Her Majesty on account of any offence in respect of which a person has been convicted by any court established for the Protectorate.
High Commissioner's powers as respects offices.
6.—(1) Subject to the provisions of this Order and of any other law for the time being in force in the Protectorate, the High Commissioner, in his discretion, shall have power, in Her Majesty's name and on Her Majesty' s behalf—
(a) to constitute such offices as may lawfully be constituted by Her Majesty and abolish any office so constituted by him ;
(b)...
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