British Solomon Islands Order 1970
| Jurisdiction | UK Non-devolved |
| Citation | SI 1970/482 |
| Year | 1970 |
1970 No. 482
PACIFIC ISLANDS
The British Solomon Islands Order 197024thMarch 1970
2ndApril 1970
On a day to be appointed under section 1(3)RemainderOn a day to be appointed under section 1(2)
At the Court of Saint James, the 24th day of March 1970
Present,
Her Majesty Queen Elizabeth The Queen Mother
Her Royal Highness The Princess Margaret, Countess of Snowdon
Lord President
Lord Chalfont
Chancellor of the Duchy of Lancaster
Mrs. Hart
Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 27th day of February 1970, to delegate to the following Counsellors of State (subject to the exceptions hereinafter mentioned) or any two or more of them, that is to say, His Royal Highness The Prince Philip, Duke of Edinburgh, Her Majesty Queen Elizabeth The Queen Mother, His Royal Highness The Prince Charles, Prince of Wales, Her Royal Highness The Princess Margaret, Countess of Snowdon, His Royal Highness The Duke of Gloucester and His Royal Highness Prince William of Gloucester, full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:
And whereas Her Majesty was further pleased to except from the number of the said Counsellors of State His Royal Highness The Prince Philip, Duke of Edinburgh, His Royal Highness The Prince Charles, Prince of Wales, Her Royal Highness The Princess Margaret, Countess of Snowdon, and His Royal Highness Prince William of Gloucester while absent from the United Kingdom:
Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and Her Royal Highness The Princess Margaret, Countess of Snowdon, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by the Foreign Jurisdiction Act 1890(a) and all other powers enabling Her Majesty, do hereby, by and with the advice of Her Majesty's Privy Council, on Her Majesty's behalf 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 1970.
(2) This Order shall be published in the Gazette 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 3rd April 1970.
(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 in the Gazette shall appoint.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
"Chairman" means the person presiding in the Governing Council by virtue of section 40 of this Order;
"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 British Solomon Islands Protectorate Gazette;
"Governing Council" means the Governing Council established by section 7 of this Order;
"High Commissioner" means Her Majesty's High Commissioner for the Western Pacific;
"meeting" means any sitting or sittings of the Governing Council (or committees of the Governing Council established under sections 25 and 26 of this Order), whether in public or in private, and commencing when the Council (or a committee of the Council) first meets after being summoned at any time and terminating when the Council (or committee of the Council) is adjourned sine die or the Council is reconstituted;
"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;
(a) 1890 c. 37.
"public officer" means the holder of a public office and includes any person appointed to act in a public office;
"public service members" means members of the Governing Council appointed under section 9 of this Order;
"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;
"subsidiary instrument" means any proclamation, regulation, order, rule or other like instrument having the force of law.
(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) References to a public officer or public office in Parts IV, V and VI 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.
(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 1967(b) and the British Solomon Islands (Electoral Provisions) Order 1969(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
(a) 1889 c. 63.
(b) S.I. 1967/477 (1967 I, p. 1449).
(c) S.I. 1969/1831 (1969 III, p. 5705).
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 whether he has in any matter complied with such instructions shall not be enquired into by any court of law.
High Commissioner's powers of pardon, etc.
5. The High Commissioner, in his discretion, may, in Her Majesty's name and on Her Majesty's behalf—
(a) grant to any person in respect of any offence against the law in force in 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, from the execution of any punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for that imposed on any person for such an offence; or
(d) remit the whole or part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.
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 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) to make appointments (including appointments on promotion or transfer) to any office so constituted by him; and
(c) to terminate the appointment of or dismiss any person so appointed, or suspend him from performing the functions of his office, or take such other disciplinary action with respect to him as may be necessary.
(2) A person appointed to an office constituted under this section shall, unless it is otherwise provided by law, hold office during Her Majesty's pleasure.
PART III
THE GOVERNING COUNCIL
Governing Council
7.—(1) There shall be a Governing Council for the Protectorate.
(2) Subject to the provisions of this Order the Governing Council shall consist of—
(a) the High Commissioner;
(b) three ex-officio members;
(c) such public service members, not exceeding six in number, as may be appointed under section 9 of this Order; and
(d) seventeen elected members.
Ex-officio members
8. The ex-officio members of the Governing Council shall be the Chief Secretary, the Attorney-General and the Financial Secretary.
Public service members
9.—(1) The public service members of the Governing Council shall be appointed by the High Commissioner, in his discretion, by instrument under the public seal, from among persons who are public officers.
(2) The High Commissioner shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.
Elected members
10.—(1) The elected members of the Governing Council shall be persons qualified for election as such under the provisions of this Order, and shall be elected in the manner provided by any law for the time being in force in the Protectorate.
(2) For the purposes of the...
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