Falkland Islands Constitution (Amendment) Order 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/864 |
| Year | 1997 |
1997 No. 864
SOUTH ATLANTIC TERRITORIES
The Falkland Islands Constitution (Amendment) Order 1997
Made 19th March 1997
Laid before Parliament 26th March 1997
Coming into Operation 1st September 1997
At the Court at Buckingham Palace, the 19th day of March 1997
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers vested in Her by the British Settlements Acts 1887 and 19451, and of 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:—
Citation, construction and commencement
1.—(1) This Order may be cited as the Falkland Islands Constitution (Amendment) Order 1997 and shall be construed as one with the Falkland Islands Constitution Order 19852.
(2) The Falkland Islands Constitution Order and this Order may be cited together as the Falkland Islands Constitution Order 1985 to 1997.
(3) This Order shall come into operation on 1st September 1997.
Interpretation
2. In this Order, “the Constitution” means the Constitution of the Falkland Islands set out in Schedule 1 to the Falkland Islands Constitution Order 1985.
Amendment of Section 17 of the Constitution
3. Section 17 of the Constitution is amended by substituting for subsection (5) the following—
“5 For the purposes of the foregoing provisions of this Chapter a person shall be regarded as belonging to the Falkland Islands if he enjoys Falkland Islands status and a person enjoys such status if that person is—
(a) a citizen who was born in the Falkland Islands; or
(b) a citizen who was born outside the Falkland Islands—
(i) whose father or mother was born in the Falkland Islands; or
(ii) who is domiciled in the Falkland Islands and whose father or mother became, while resident in the Falkland Islands, a citizen by virtue of having been naturalised or registered as such or as a British subject or as a citizen of the United Kingdom and Colonies; or
(c) a citizen by virtue of having been so naturalised or registered while resident in the Falkland Islands; or
(d) a Commonwealth citizen who is domiciled in the Falkland Islands who either
(i) was ordinarily resident in the Falkland Islands for the seven years immediately preceding 1st September 1997; or
(ii) has been granted such status under the provisions of an Ordinance providing for the grant of that status to Commonwealth citizens who have been ordinarily resident in the Falkland Islands for a period of at least seven years and has not, in accordance with the provisions of that Ordinance, lost or been deprived of such status; or
(e) The spouse, widow or widower of such a person as is referred to in any of the preceding paragraphs of this subsection, and, in the case of a spouse, is not living apart from her husband or his wife, as the case may be, under a decree of a competent court or a deed of separation; or
(f) under the age of eighteen years and is the child, stepchild or child adopted in a manner recognised by law, of such a person as is referred to in any of the preceding paragraphs of this subsection.”.
Amendment of Section 21 of the Constitution
4. Section 21 of the Constitution is amended by substituting for subsection (2) the following—
“2 The Legislative Council shall consist of eight elected members and twoex-officio members, namely, the Chief Executive and the Financial Secretary...
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