Cayman Islands (Constitution) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/863 |
| Year | 1959 |
1959 No. 863
CARIBBEAN AND NORTH ATLANTIC
TERRITORIES
ADMINISTRATION OF TERRITORIES
The Cayman Islands (Constitution) Order in Council, 195913thMay 1959
4thJuly 1959
ARRANGEMENT OF ORDER
PART I
Introductory
1. Citation, publication and commencement.
2. Interpretation.
3. The appointed day.
PART II
Governor and Administrator
4. Office of Governor.
5. Powers and duties of Governor.
6. Performance of functions of office of Governor.
7. Governor's Deputy.
8. Office of Administrator.
9. Powers and duties of Administrator.
10. Emoluments of Administrator.
11. Performance of functions of office of Administrator.
12. Administrator's Deputy.
PART III
EXECUTIVE COUNCIL
13. Executive Council.
14. Governor and Administrator to consult Executive Council.
15. Governor and Administrator may act in opposition to Executive Council.
16. Tenure of office of members of Executive Council.
17. Temporary members of Executive Council.
18. Determination of questions as to membership.
19. Oath or affirmation by members Of Executive Council.
20. Summoning of Executive Council and transaction of business.
21. Presiding in Executive Council.
22. Submission of questions to Executive Council.
23. Summoning of persons to Executive Council.
PART IV
Legislative Assembly
24. Legislative Assembly.
25. Qualifications for elected membership.
26. Disqualifications for nominated and elected membership.
27. Tenure of office of members of Assembly.
28. Vacation of seat on sentence.
29. Temporary members of Assembly.
30. Determination of questions as to membership of Assembly.
31. Penalty for sitting or voting in Assembly when unqualified.
32. Qualifications of electors.
33. Disqualifications of electors.
34. Right to vote at elections.
35. Law as to elections.
PART V
Legislation and Procedure in Legislative Assembly
36. Power to make laws;
37. Royal Instructions.
38. Standing Orders.
39. The Deputy President.
40. Presiding in Assembly.
41. Assembly may transact business notwithstanding vacancies.
42. Quorum.
43. Voting.
44. Summoning of persons to assist Assembly.
45. Governor's right to address Assembly.
46. Introduction of Bills.
47. Governor's reserved power.
48. Assent to Bills.
49. Return of Bills by Governor.
50. Disallowance of laws.
51. Oath of Allegiance.
52. Privileges of Assembly and members.
53. Sessions.
54. Prorogation and dissolution.
55. General elections.
PART VI
Legislature and Supreme Court of Jamaica
56. Legislature of Jamaica may make laws for Islands.
57. Appeals to Supreme Court of Jamaica.
PART VII
Miscellaneous
58. Public Seal.
59. Grants of land.
60. Governor's power of pardon.
61. Offices and appointments.
62. Concurrent appointments.
63. Discipline.
64. Electoral Regulations.
65. Modification of existing instruments.
66. Power reserved to Her Majesty.
SCHEDULE.
At the Court at Buckingham Palace, the 13th day of May, 1959
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by sections 1 and 2 of the Cayman Islands and Turks and Caicos Islands Act, 1958(a), and 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:—
PART I
Introductory
Citation, publication and commencement
1.—(1) This Order may be cited as the Cayman Islands (Constitution) Order in Council, 1959.
(2) This Order shall be published in such manner as the Governor shall think fit, and shall come into operation on the day (hereinafter called "the appointed day") appointed by section 3 of this Order.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
"Administrator" means the person for the time being holding the office of Administrator of the Islands, and includes any person for the time being lawfully performing the functions of that office and, to the extent to which a Deputy appointed under section 12 of this Order is authorized to act, that Deputy;
"Assembly" means the Legislative Assembly of the Islands established by this Order;
(a) 6 & 7 Eliz. 2. c. 13.
"Executive Council" means the Executive Council of the Islands established by this Order;
"Governor" means the Governor of the Islands constituted by this Order, 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 Islands" means the Cayman Islands;
"Jamaica" means the Colony of Jamaica;
"law" includes any instrument having the force of law made in exercise of a power conferred by a law;
"public office" means, subject to the provisions of the next following subsection, an office of emolument in the public service;
"public officer" means the holder of any public office, and includes a person appointed to act in any public office;
"the Public Seal" means the Public Seal of the Islands;
"the public service" means the service of the Crown in respect of the government of the Islands;
"session" means the meetings of the Assembly commencing when the Assembly first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Assembly is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the Assembly is sitting continuously without adjournment and includes any period during which the Assembly is in committee.
(2) For the purposes of this Order, a person shall not be considered to hold a public office toy reason only that he—
(a) is a member of the Executive Council or the Assembly;
(b) is in receipt of a pension or other like allowance in respect of service under the Crown; or
(c) holds an office the holder of which is declared by any law in force in the Islands not to be disqualified for election as a member of the Assembly.
(3) References in this Order to Her Majesty's dominions shall be construed as if they were references to all countries or territories within the Commonwealth.
(4) For the purposes of this Order the resignation of a member of any body or holder of any office established by this Order that is required to be addressed to any person shall, unless otherwise expressly provided, be deemed to have effect from the time at which it is received by that person.
(5) For the avoidance of doubt it is hereby declared that any person who has vacated his seat in any body, or has vacated any office established by this Order may, if qualified, again be appointed or elected as a member of that body or to that office, as the case may be, from time to time.
(6) Nothing in this Order shall be construed as conferring any power except in so far as may be consistent with the provisions of any Order in Council in force under section 1 of the British Caribbean Federation Act, 1956(a).
(a) 4 & 5 Ellz. 2. c. 63.
(7) The Interpretation Act, 1889(a), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
The appointed day
3. The day appointed under section 2 of the Jamaica (Constitution) Order in Council, 1959(b), is hereby appointed in accordance with section 1 of the Cayman Islands and Turks and Caicos Islands Act, 1958(c), and for the purposes of that Act.
PART II
Governor and Administrator
Office of Governor
4.—(1) The office of Governor of the Islands is hereby constituted.
(2) The person who holds the office of Captain-General and Governor-in-Chief of Jamaica shall be the Governor of the Islands.
Powers and duties of Governor
5. The Governor shall have such powers and duties as are conferred or imposed upon him by this Order or by any other law, and such other powers and duties as Her Majesty may from time to time assign to him, and, subject to the provisions of this Order and of any other law by which powers or duties may be conferred or imposed upon him, he shall do all things that belong to the office of Governor according to such instructions as Her Majesty may from time to time see fit to give him; but no court shall inquire whether or not he has complied with such instructions.
Performance of functions of office of Governor
6. During any period when, under the provisions of section 5 of the Jamaica (Constitution) Order in Council, 1959, some person other than the holder of the office of Captain-General and Governor-in-Chief of Jamaica is performing the functions of that office, that person shall also perform the functions of the office of Governor.
Governor's Deputy
7.—(1) Whenever, under the provisions of subsection (1) of section 6 of the Jamaica (Constitution) Order in Council, 1959, the Governor, in his capacity as Captain-General and Governor-in-chief of Jamaica, has occasion (otherwise than by reason of his absence from Jamaica for the purpose of visiting the Islands) to appoint a person to be his deputy in that office, he may, acting in his discretion, appoint that person, by the same instrument, to be his Deputy as Governor of the Islands and in that capacity to perform on his behalf such of the functions of the latter office as may be specified in that instrument.
(2) The provisions of subsections (2) and (3) of the said section 6 shall apply in relation to the Governor of the Islands and his Deputy appointed under this section as they apply in relation to the Captain-General and Governor-in-chief of Jamaica and his deputy.
Office of Administrator
8.—(1) The office of Administrator of the Islands is hereby constituted.
(2) The Administrator shall, with the approval of a Secretary of State, be appointed by the Governor, acting in his discretion, by
(a) 52 & 53 Vict. c. 63.
(b) S.I. 1959/862 (Pt. 1, p. 410, of this vol.).
(c) 6 & 7 Eliz. 2. c. 13.
Instrument under the Public Seal, and a person appointed to the office of Administrator shall hold that office during Her Majesty's pleasure.
(3) A person appointed to the office of Administrator shall, before assuming the functions of his office, make oaths or affirmations of allegiance...
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