DOMINICA Order In Council, 1939.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1939/1896 |
| Year | 1939 |
1939 No. 1896
WINDWARD ISLANDS
(2) Legislative Councils, &c.
(i) Dominica
THE DOMINICA ORDER IN COUNCIL, 1939.PRESENT,
The King's Most Excellent Majesty in Council
Whereas by the Dominica Act, 1938, it is provided that on such day as His Majesty may by Order in Council appoint (in that Act and in this Order referred to as "the appointed day") Dominica shall cease to be one of the Presidencies constituting the colony of the Leeward Islands and shall become a separate colony:
And whereas by the said Act His Majesty in Council is empowered to make such provision as he thinks proper for the government of Dominica on and after the appointed day and consequential and other provisions contained in this Order:
Now, therefore, His Majesty, in the exercise of the powers conferred on Him by the said Act and of all other powers enabling Him in that behalf, if pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
PART I
General
Short title.
1. This Order may be cited as the Dominica Order in Council, 1939.
Appointed day.
2. The appointed day shall be the first day of January, nineteen hundred and forty, and as from that day the following provisions of this Order shall have effect.
Dominica to be governed as one of the Windward Islands.
3. Dominica shall be governed and administered as a Colony comprised in the Windward Islands.
Interpretation.
4. (1) In this Order unless the context otherwise requires—
"Governor" means the Governor and Commander-in-Chief for the time being of the Windward Islands and includes every person for the time being administering the government of the Windward Islands and, except in section 21 of this Order also includes the Administrator when the Governor is not present in Dominica;
"Governor in Council" means the Governor acting after consultation with, but not necessarily in accordance with the advice of, the Executive Council of Dominica;
"Administrator" means the person for the time being holding the office of Administrator of Dominica and includes every person for the time being acting as Administrator in his stead;
"the Council" means the Legislative Council of Dominica constituted under this Order;
"Supreme Court" means the Court having original unlimited civil Jurisdiction in Dominica;
"Minister of religion" means any clergyman, minister, priest or other person who exercises spiritual functions or performs the offices of religion for or in respect to any Christian or other church, community, or body within Dominica;
"Public Seal" means the public seal of Dominica;
"clear income" means the gross income received by a person for his own use, leas such payments made by him as would be allowable, as deductions, excepting those allowed in respect of earned income, residence in Dominica, British Nationality, a wife, children and life insurance, in arriving at a chargeable income under the provisions of any Income Tax Ordinance, or regulations made thereunder, for the time being in force in Dominica;
"public office" means any office of emolument in the service of the Crown, or of a Municipal Corporation within Dominica;
"office of emolument" does not include a pension or other allowance to an officer who has ceased to be in the service of the Crown or of a Municipal Corporation;
"proclamation" means a written or printed notice under the hand of the Governor, published by his order in Dominica;
"Gazette" means the Dominica Official Gazette;
"returning officer" means in relation to any electoral district, the officer appointed in that behalf under any law for the time being in force in Dominica.
(2) The Interpretation Act, 1889, shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
PART II
Constitution of Executive and Legislative Councils in Dominica
Executive Council.
5.—(1) There shall be an Executive Council in and for Dominica and the said Council shall consist of such persons as His Majesty may direct by Instructions under His Sign Manual and Signet or as may be appointed in the manner provided by such Instructions, and all such persons shall hold their places in the said Council during His Majesty's pleasure and, subject thereto, for such period and upon such conditions as may be specified in any such Instructions.
(2) The Executive Council shall perform such functions and exercise such powers and duties as may from time to time be prescribed by this Order or by any other Orders of His Majesty in Council, or any other instrument having effect in Dominica.
Members of Legislative Council.
6.—(1) There shall be in. and for Dominica a Legislative Council, to be called the Legislative Council of Dominica, constituted as provided in this Order.
(2) The Council shall be composed of the Governor, three ex officio members, three nominated members and five elected members.
(3) The ex officio members shall be the persons for the time being lawfully discharging the functions of the respective offices of Administrator, of Crown Attorney, and of Treasurer.
(4) The nominated members shall be such persons not holding any office of emolument under the Crown within Dominica and not exceeding three in number at any one time, as His Majesty may from time to time appoint by any Instruction or Warrant under His Sign Manual and Signet, or as the Governor in pursuance of instructions from His Majesty through the Secretary of State may from time to time appoint under the Public Seal.
(5) The elected members shall be persons qualified for election under this Order and elected in accordance with the law for the time being in force in Dominica on that behalf.
Summoning of Heads of Departments.
7. The Governor may summon to the Council the person for the time being performing the functions of Head of any Government Department in Dominica notwithstanding that such person may not be a member of the Council, when in the opinion of the Governor the business before the Council renders the presence of such person desirable. Any person so summoned shall be entitled to take part in the proceedings of the Council relating to the matter in respect of which he was summoned but shall not thereby become a member of the Council and shall not have the right to vote in the Council.
Precedence of members.
8. The members of the Council shall take precedence as His Majesty may specially assign, and in default thereof, first the ex officio members in the order in which their respective offices are above-mentioned, secondly the nominated and elected members according to the respective dates of the Instruments appointing them or upon which they were declared elected, as the case may be.
If as regards two or more members such dates coincide, the members in question shall take precedence:—
(1) In the case of two or more nominated members appointed by the same Instrument, in the order in which they are named therein;
(2) In the case of two or more elected members, not having obtained the same number of votes, according to the number of votes obtained by each;
(3) In any other case according to the alphabetical order of their names.
Qualifications of elected members.
9. No person shall be capable of being elected a member of the Council, or, having been elected, shall sit or vote in the Council, who at the time of election—
(1) is not a British subject; or
(2) is the holder of any public office; or
(3) is a minister of religion; or
(4) is a returning officer of the district for which the election is held; or
(5) is not entitled to vote at the election of a member of the Council for some electoral district; or
(6) does not
(a) possess a clear income of £200 per annum; or
(b) own real property in Dominica of the value of at least £500 above all charges and encumbrances affecting the same; or
(c) occupy land in Dominica as tenant to another, of rental value of at least fifty pounds per annum.
Penalty for unqualified person sitting or voting.
10. Every person who, having been returned as an elected member of the Council, but not having been at the time of his election qualified to be an elected member, shall sit or vote in the Council, shall for every day on which he sits or votes, and every person who shall sit or vote in the Council after his seat has become vacant, shall for every day on which he sits or votes after his seat has become vacant, be liable to a penalty of £20 to be recovered by action, in the Supreme Court at the suit of the Crown Attorney.
11. If any elected member of the Council shall,
Vacation of seat of elected member.
(1) by writing under his hand, addressed to the Governor, resign hip seat in the Council, or
(2) cease to be qualified for election under this Order, or
(3) without the leave of the Governor previously obtained, be absent from three consecutive meetings of the Council, or
(4) become a citizen or subject of any Foreign State or Power, or
(5) be found or declared a lunatic under any law in force in Dominica, or
(6) be adjudicated a bankrupt, or
(7) in any part of His Majesty's dominions or in any territory under His Majesty's protection be sentenced to death, penal servitude, or imprisonment for a term exceeding twelve months,
his seat in the Council shall thereupon become vacant.
Tenure of seats of nominated members.
12. Subject to the provisions of this Order, every nominated member of the Council shall hold his seat until the next dissolution of the Council after his appointment, unless previously removed by His Majesty by virtue of an Instruction or Warrant under His Sign Manual and Signet or through the Secretary of State. A person who shall have vacated his seat as a nominated member may, if qualified, be re-appointed.
Vacation of seat of nominated members.
13. If any nominated member of the Council shall—
(1) by writing under his hand resign his seat in the Council (his resignation having been accepted by the Governor), or
(2) be...
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