Jamaica (Constitution) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/862 |
| Year | 1959 |
1959 No. 862
The Jamaica (Constitution) Order in Council, 195913thMay 1959
ForthwithRemainder of Order4thJuly 1959
ARRANGEMENT OF ORDER
PART I.—PRELIMINARY
Section
1. Interpretation.
2. Citation and commencement.
3. Revocation.
PART II.—THE GOVERNOR
4. The Governor.
5. Acting Governor.
6. Deputy to Governor.
7. Salary and duty allowance of Governor and Acting Governor.
8. Other expenditure and personal staff of Governor.
9. Exercise of Governor's functions.
10. Disposal of land.
11. Appointment, etc. of officers.
12. Pardon.
13. Broad Seal.
PART III.—THE LEGISLATURE
Composition
14. Constitution of Legislature.
15. Legislative Council.
16. House of Representatives.
17. Qualifications for membership of Legislative Council and House of Representatives.
18. Disqualifications for membership of Legislative Council and House of Representatives.
19. Tenure of office of members of Legislative Council and House of Representatives.
20. President and Deputy President of Legislative Council.
21. Speaker and Deputy Speaker of House of Representatives.
22. Determination of questions as to membership.
23. Notification of vacancies.
24. Penalty for unauthorised person sitting or voting in Legislature.
25. Staff of Legislature.
Powers and Procedure
26. Power to make laws.
27. Standing Orders.
28. Presiding in Legislative Council and House of Representatives.
29. Validity of proceedings.
30. Quorum.
31. Voting.
32. Introduction of Bills, etc.
33. Restriction on powers of Legislative Council as to Money Bills.
34. Restriction on powers of Legislative Council as to Bills other than Money Bills.
35. Provisions relating to sections 32, 33 and 34.
36. Restriction on powers of Legislative Council as to certain statutory instruments.
37. Assent to Bills.
38. Words of enactment.
39. Powers relating to Jamaican Government Stock.
Miscellaneous
40. Oath of allegiance.
41. Sessions of Legislative Council and House of Representatives.
42. Prorogation and dissolution.
43. General elections and appointment of members of Legislative Council.
44. Privileges, etc. of chambers.
PART IV.—DELIMITATION OF CONSTITUENCIES
45. Standing Committee of House of Representatives.
PART V.—EXECUTIVE
46. Executive authority of Jamaica.
47. Cabinet.
48. Appointment of Ministers.
49. Tenure of office of Ministers.
50. Performance of functions of Premier in certain events
51. Temporary Ministers.
52. Oaths.
53. Presiding in Cabinet.
54. Summoning of Cabinet.
55. Governor entitled to information.
56. Assignment of responsibilities to Ministers.
57. Parliamentary Secretaries.
58. Secretary to the Cabinet.
59. Permanent Secretaries.
60. Privy Council.
61. Attorney-General.
62. Tenure of office of Attorney-General.
63. Powers of Attorney-General.
PART VI.—THE JUDICATURE
The Supreme Court
64. Constitution of Supreme Court.
65. Acting Judges.
66. Tenure of office of Judges of Supreme Court.
67. Remuneration of Judges of Supreme Court.
The Judicial Service Commission
68. Composition of Judicial Service Commission.
69. Proceedings of Judicial Service Commission.
70. Appointment, etc. of judicial officers.
71. Delegation of functions of Judicial Service Commission in relation to appointments.
72. Regulations regarding Judicial Service Commission.
73. Protection of Commission, etc. from legal proceedings.
PART VII.—THE PUBLIC SERVICE
Public Service—General
74. Interpretation.
75. Public Service Commission.
76. Proceedings of Public Service Commission.
77. Appointment, etc. of public officers.
78. Permanent Secretaries.
79. Chief Secretary or Governor's Secretary.
80. Delegation of functions of Public Service Commission.
81. Regulations regarding Public Service Commission.
82. Protection of Commission, etc. from legal proceedings.
Police
83. Police Service Commission.
84. Proceedings of Police Service Commission.
85. Appointment, etc. of Police Officers.
86. Delegation of functions of Police Service Commission.
87. Regulations regarding Police Service Commission.
88. Protection of Commission, etc. from legal proceedings.
Pensions
89. Applicability of pensions law.
90. Pensions, etc. to be charged on Consolidated Fund.
91. Grant and withholding of pensions, etc.
PART VIII.—FINANCE
92. Consolidated Fund.
93. Estimates.
94. Authorisation of expenditure.
95. Meeting expenditure from Consolidated Fund.
96. Contingencies Fund.
97. Public Debt.
98. Auditor-General.
99. Tenure of office of Auditor-General.
100. Functions of Auditor-General.
PART IX.—TEMPORARY, TRANSITIONAL AND MISCELLANEOUS PROVISIONS
101. Interpretation.
102. First Governor and remuneration of Governor.
103. Expenditure and personal staff of Governor.
104. Staff of Legislature.
105. Standing Orders.
106. Establishment of first constituencies, etc.
107. First general election and first session.
108. First Cabinet.
109. Secretary to Cabinet.
110. Remuneration of Attorney-General.
111. Supreme Court and Judges.
112. Remuneration of Auditor-General.
113. Public officers to continue in service.
114. Regulations relating to retirement, etc. of certain officers serving before the appointed day.
115. Operation of certain provisions relating to public service.
116. Waiver of necessity for taking oaths.
117. Existing laws.
118. Finance.
119. Remuneration of members of Legislature, etc.
120. Removal of difficulties.
121. Officers and others to obey the Governor.
122. Reservation of power to amend or revoke this Order.
SCHEDULES
First Schedule—Existing instruments
Second Schedule—Oaths
Third Schedule—Number and boundaries of constituencies
Fourth Schedule—Provisions relating to applicability of Commissions
of Inquiry Law to tribunals appointed under this
Order
Fifth Schedule—Suspended, modified and substituted provisions
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 and in exercise of the powers in that behalf by the Jamaica Act, 1866(a), the enactments of the Legislature of Jamaica therein mentioned, or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I.—PRELIMINARY
Interpretation
1.—(1) In this Order, unless it is otherwise provided or the context otherwise requires—
"the appointed day" means the day appointed under section 2 of this Order;
"the Broad Seal" means the Broad Seal of Jamaica;
"the Cabinet" means the Cabinet established by section 47 of this Order;
"chamber" means either the Legislative Council or the House of Representatives, as the context may require;
"the Clerk" and "the Deputy Clerk" mean, respectively, the Clerk and the Deputy Clerk of either chamber, as the context may require;
"the Consolidated Fund" means the Consolidated Fund established by section 92 of this Order;
"constituency" means an area of Jamaica having separate representation in the House of Representatives;
"the existing instruments" means the instruments set out in the First Schedule to this Order;
(a) 29 & 30 Vict. c. 12.
"the Federal Constitution" means the Constitution of the West Indies annexed to the West Indies (Federation) Order in Council, 1957(a);
"the Federal Legislature" means the Federal Legislature established by the Federal Constitution;
"the Federation" means the Federation of The West Indies established by the West Indies (Federation) Order in Council, 1957(a);
"the financial year" means the twelve months ending on the 31st day of March in any year or on such other date as may from time to time be prescribed by a law enacted under this Order;
"the Gazette" means the Jamaica Gazette;
"the Governor" means the Captain-General and Governor-in-Chief of Jamaica;
"the House of Representatives" means the House of Representatives established by Part III of this Order;
"Jamaica" means the Colony of Jamaica;
"the Judicial Service Commission" means the Judicial Service Commission established by section 68 of this Order;
"the Legislative Council" means the Legislative Council established by Part III of this Order;
"the Legislature" means the Legislature established by Part III of this Order;
"Minister" means a Minister appointed under section 48 of this Order and includes—
(a) the Premier; and
(b) save for the purposes of sections 47, 48, 50 and 53 of this Order, a temporary Minister appointed under section 51 of this Order.
"Parliamentary Secretary" means a Parliamentary Secretary appointed under section 57 of this Order;
"police officer" means a member of the Jamaica Constabulary Force (or any force, by whatever name called, for the time being succeeding to the functions of the Jamaica Constabulary Force);
"the Police Service Commission" means the Police Service Commission established by section 83 of this Order;
"Premier" means a Premier appointed under section 48 of this Order;
"the President" and "the Deputy President" mean, respectively, the President and Deputy President of the Legislative Council elected under section 20 of this Order;
"the Privy Council" means the Privy Council established by section 60 of this Order;
"public office" means any office of emolument in the public service;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
(a) S.I. 1957/1364 (1957 I, p. 202).
"the public service" means the service of the Crown in a civil capacity in respect of the Government of Jamaica (including service as a member of the Judicial Service Commission, the Public Service Commission or the Police Service Commission) but does not include service on the personal staff of the Governor, or as the Clerk or Deputy Clerk of either chamber, or as a member of the Privy Council or as a Judge of the Supreme Court;
"the Public Service Commission" means the Public Service Commission established by section 75 of this Order;
"session" means, in relation to a chamber of the Legislature, the sittings of that chamber commencing when it first meets after this Order comes into...
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