Gambia (Constitution) Order in Council, 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/826 |
| Year | 1962 |
1962 No. 826
WEST AFRICA
The Gambia (Constitution) Order in Council, 196218thApril 1962
26thApril 1962
27thApril 1962
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Section
1. Citation and commencement.
2. Interpretation.
3. Revocation.
PART II
THE GOVERNOR AND DEPUTY GOVERNOR
4. The Governor.
5. Governor's powers and duties.
6. Publication of Commission and making of oaths.
7. The Deputy Governor.
8. Acting Governor.
9. Performance of Governor's functions by Deputy Governor.
10. Acting Deputy Governor.
PART III
EXECUTIVE COUNCIL
11. Executive Council.
12. Functions of Executive Council.
13. Exercise of Governor's powers.
14. Appointment of Ministers.
15. Tenure of office of Ministers.
16. Acting Premier.
17. Oath or affirmation of Ministers.
18. Summoning of Executive Council.
19. Proceedings in Executive Council.
20. Assignment of responsibilities to Ministers.
21. Governor to be responsible for certain matters.
22. The Attorney-General.
23. The Financial Secretary.
24. Leave of absence.
PART IV
HOUSE OF REPRESENTATIVES
25. House of Representatives.
26. The Speaker.
27. The Deputy Speaker.
28. Elected members.
29. Nominated members.
30. Qualifications for elected and nominated membership.
31. Disqualifications for elected and nominated membership.
32. Vacation of seats of elected and nominated members.
33. Vacation of seat on sentence.
34. Temporary members.
35. Determination of questions as to membership.
36. Persons not to be treated as holding public offices.
37. Law as to elections.
PART V
LEGISLATION AND PROCEDURE OF LEGISLATURE
38. Power to make laws.
39. Royal Instructions.
40. Standing Orders.
41. Privileges of the House and its members.
42. Oath or affirmation of allegiance.
43. Presiding in the House.
44. Quorum.
45. The House may transact business notwithstanding vacancies.
46. Voting.
47. Governor may address the House.
48. Introduction of Bills, etc.
49. Governor's reserved power.
50. Assent to Bills.
51. Disallowance of laws.
52. Sessions.
53. Prorogation and dissolution.
54. General elections.
PART VI
OFFICES AND THE PUBLIC SERVICE
55. Governor's powers in this Part.
56. Governor's powers to constitute and appoint to offices, etc.
57. Delegation of Governor's powers.
58. Public Service Commission.
59. Public Service Commission to advise Governor.
60. Public Service Commission to advise other officers.
61. Regulations regarding Public Service Commission.
PART VII
JUDGES
62. Meaning of "judge".
63. Retirement and resignation of judges.
64. Removal of judges.
65. Salary, etc. of judges.
PART VIII
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
66. Boundaries of Colony and Protectorate.
67. Governor's powers with respect to land.
68. Public seal.
69. Governor's powers of pardon, etc.
70. Concurrent appointments.
71. Executive Council.
72. Existing officers.
73. Existing laws.
74. Power reserved to Her Majesty.
FIRST SCHEDULE
INSTRUMENTS REVOKED
SECOND SCHEDULE
FORMS OF OATHS AND AFFIRMATIONS
At the Court at Windsor Castle, the 18th day of April, 1962
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 1945(a), and by the Foreign Jurisdiction Act, 1890(b), 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:—
PART I
INTRODUCTORY
Citation and commencement.
1.—(1) This Order may be cited as the Gambia (Constitution) Order in Council, 1962.
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(b) 53 & 54 Vict. c. 37.
(2) This Order shall be published in the Gazette, and shall come into operation on such day (in this Order referred to as "the appointed day") as the Governor, in his discretion, by proclamation published in the Gazette shall appoint, which day shall not be earlier than the day when this Order is so published or than the day after that on which this Order is laid before both Houses of Parliament.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"the Colony" means the Colony of the Gambia;
"the Gambia" means the Colony and Protectorate of the Gambia;
"the Gazette" means the Official Gazette of the Gambia;
"the Governor" means the Governor and Commander-in-Chief of the Gambia;
"the House" means the House of Representatives established by this Order;
"head chief" and "sub-chief" have the meanings assigned to them, respectively, in the Protectorate Ordinance(a);
"meeting" means any sitting or sittings of the House commencing when the House first meets after being summoned at any time, and terminating when the House is adjourned sine die, or at the conclusion of a session;
"the Protectorate" means the Protectorate of the Gambia;
"public office" means an office of emolument in the public service;
"public officer" means the holder of a public office or a person appointed to act in a public office;
"the public seal" means the public seal of the Gambia;
"the public service" means the service of the Crown in respect of the government of the Gambia;
"session" means the sittings of the House commencing when the House first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the House is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the House is sitting continuously without adjournment, and includes any period during which the House is in committee.
(2) 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.
(3) For the purposes of this Order the resignation of a member of any body or a holder of any office that is required to be addressed to any person shall be deemed to have effect from the time at which it is received by that person.
(4) 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
(a) Laws of the Gambia, 1955, c. 47.
elected as a member of that body or to that office, as the case may be, from time to time.
(5) 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 instruments set out in the First Schedule to this Order are revoked, without prejudice to anything lawfully done thereunder.
PART II
THE GOVERNOR AND DEPUTY GOVERNOR
The Governor.
4. There shall be a Governor and Commander-in-Chief of the Gambia who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
Governor's powers and duties.
5. The Governor 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 Gambia, 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 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.
Publication of Commission and making of oaths.
6. Every person appointed to the office of Governor shall, before assuming the functions of his office, cause the Commission appointing him to be Governor to be read and published in the presence of a judge of the Supreme Court of the Colony (if able to attend) and of such members of the Executive Council as can conveniently attend; and he shall make before them oaths or affirmations of allegiance and for the due execution of his office in the forms set out in the Second Schedule to this Order, which oaths or affirmations the said judge or, in his absence, the Deputy Governor or, in the absence of the Deputy Governor, the Attorney-General, shall administer.
The Deputy Governor.
7. There shall be a Deputy Governor of the Gambia who shall be appointed by the Governor in pursuance of instructions given by Her Majesty through a Secretary of State.
Acting Governor.
8.—(1) During any period when the office of Governor is vacant or the Governor is absent from the Gambia or is for any other reason unable to perform the functions of his office—
(a) the Deputy Governor, or
(b) if the office of Deputy Governor is vacant or the Deputy Governor is absent from the Gambia or is for any other reason unable to perform the functions of the office of Governor, such person as Her Majesty may designate by Instructions given under Her Sign Manual and Signet or through a Secretary of State,
(a) 52 & 53 Vict. c. 63.
shall, during Her Majesty's pleasure, assume and perform the functions of the office of Governor and administer the government of the Gambia accordingly.
(2) Before assuming the functions of the office of Governor any such person as aforesaid shall make the oaths or affirmations directed by section 6 of this Order to be made by the Governor.
(3) The Deputy Governor shall not continue to perform the functions of the office of Governor after the Governor has informed him that he is about to assume or resume those functions and the person designated under paragraph (b) of subsection (1) of this section shall not continue to perform those functions after the Governor or the Deputy Governor...
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