Cayman Islands (Constitution) Order in Council 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/1646 |
| Year | 1962 |
1962 No. 1646
CARIBBEAN AND NORTH ATLANTIC
TERRITORIES
The Cayman Islands (Constitution) Order in Council 196230thJuly 1962
6thAugust 1962
ARRANGEMENT OF ORDER
PART I
Introductory
Section
1. Citation, publication, commencement and revocation.
2. Interpretation.
PART II
The Administrator
3. The Administrator.
4. Emoluments of Administrator.
5. Acting Administrator.
6. Administrator's deputy.
PART III
Executive Council
7. Executive Council.
8. Tenure of office of members of Executive Council.
9. Administrator to consult the Council.
10. Administrator may act contrary to advice of Council.
11. Temporary members of Council.
12. Determination of questions as to membership.
13. Oath by members of Council.
14. Summoning of Council and transaction of business.
15. Presiding in the Council.
16. Submission of questions to Council.
17. Summoning of persons to Council.
PART IV
Legislative Assembly
18. Legislative Assembly.
19. Qualifications for elected membership.
20. Disqualifications for nominated and elected membership.
21. Tenure of office of members of Assembly.
22. Vacation of seat on sentence.
23. Temporary members of Assembly.
24. Determination of questions as to membership of Assembly.
25. Penalty for sitting or voting in Assembly when unqualified.
26. Qualifications of electors.
27. Disqualifications of electors.
28. Right to vote at elections.
29. Law as to elections.
PART V
Legislation and Procedure in Legislative Assembly
30. Power to make laws.
31. Royal Instructions.
32. Standing Orders.
33. The Deputy President.
34. Presiding in Assembly.
35. Assembly may transact business notwithstanding vacancies.
36. Quorum.
37. Voting.
38. Summoning of persons to assist Assembly.
39. Introduction of Bills.
40. Administrator's reserved power.
41. Assent to Bills.
42. Return of Bills by Administrator.
43. Disallowance of laws.
44. Oath of allegiance.
45. Privileges of Assembly and members.
46. Sessions.
47. Prorogation and dissolution.
48. General elections.
PART VI
Appeals from the Grand Court
49. Appeals to Court of Appeal for Jamaica; saving.
PART VII
Miscellaneous
50. Public Seal.
51. Grants of land.
52. Administrator's power of pardon.
53. Offices and appointments.
54. Discipline.
55. Existing offices and authorities.
56. Existing laws.
57. Power reserved to Her Majesty.
SCHEDULE.
At the Court at Buckingham Palace, the 30th day of July 1962
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by section 5 of the West Indies Act 1962(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, commencement and revocation.
1.—(1) This Order may be cited as the Cayman Islands (Constitution) Order in Council 1962.
(2) This Order shall be published in such manner as the Administrator shall think fit, and shall come into operation on the appointed day.
(3) The Cayman Islands (Constitution) Order in Council 1959(a) (in this Order referred to as "the Order of 1959") is hereby revoked.
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 6 of this Order is authorized to act, that deputy;
"appointed day" means the 6th day of August 1962;
"Assembly" means the Legislative Assembly of the Islands established by this Order;
"functions" includes jurisdictions, powers and duties;
"the Islands" means the Cayman Islands;
"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 service" means the service of the Crown in a civil capacity 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 by reason only that he—
(a) is in receipt of any remuneration or allowance as 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
(a) S.I. 1959/863 (1959 I, p. 325).
(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) 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.
(4) A reference in this Order to the holder of an office by the term designating his office shall be construed as a reference to any person for the time being lawfully performing the functions of that office.
(5) Without prejudice to the last foregoing subsection—
(a) where the holder of any office constituted by or under this Order is on leave of absence pending the relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto; and
(b) where two or more persons concurrently hold the same office by virtue of the foregoing paragraph, the person last appointed shall in respect of any function conferred on the holder of that office be deemed to be the sole holder thereof.
(6) Any power conferred by this Order to make any proclamation or order or to give any directions shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order or directions.
(7) Where a person is required by this Order to make an oath he shall if he so desires be permitted to comply with that requirement by making an affirmation in accordance with the provisions of the Schedule to this Order.
(8) For the purposes of this Order the resignation of a member of any body or holder of any office thereby established 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.
(9) For the purposes of this Order a person shall not be regarded as absent from the Islands or as unable to perform any of his functions thereunder by reason only that he is in passage between any one of the Islands and another or from one part of any Island to another part.
(10) The Interpretation Act 1889(a) shall apply with the necessary adaptations for the purpose of interpreting and otherwise in relation to this Order as it applies for the purpose of interpreting and in relation to an Act of Parliament.
PART II
The Administrator
3.—(1) There shall be an Administrator of the Islands who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
(2) The Administrator shall, for the purpose of administering the government of the Islands, have such powers and duties as are conferred or imposed on him by this Order or any other law and such
(a) 52 & 53 Vict. c. 63.
other powers 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 according to such Instructions, if any, as Her Majesty may from time to time see fit to give him; but no court may enquire whether or not he has complied with any such Instructions.
(3) A person appointed to the office of Administrator shall, before entering upon the functions of that office, make oaths of allegiance and for the due execution of that office in the forms set out in the Schedule to this Order.
Emoluments of Administrator.
4. The Administrator shall receive such emoluments as may be fixed by a Secretary of State, and those emoluments are hereby charged upon the revenues of the Islands.
Acting Administrator.
5.—(1) During any period when the office of Administrator is vacant or the Administrator is absent from the Islands or is for any other reason unable to perform the functions of his office those functions shall, during Her Majesty's pleasure, be assumed and performed by—
(a) such person as Her Majesty may designate in that behalf by Instructions given under Her Sign Manual and Signet or through a Secretary of State; or
(b) if there is no person in the Islands so designated and able to perform those functions, such public officer as the Administrator shall by writing under his hand appoint.
(2) Before assuming the functions of the office of Administrator, any such person as aforesaid shall make the oaths directed by section 3 of this Order to be made by the Administrator.
(3) Any such person as aforesaid shall not continue to perform the functions of the office of Administrator after the Administrator or some other person having a prior right to perform the functions of that office has notified him that he is about to resume or assume those functions.
Administrator's deputy.
6.—(1) Whenever the Administrator—
(a) has occasion to be absent from the seat of government but not from the Islands; or
(b) has...
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