Northern Rhodesia (Constitution) Order in Council 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/1874 |
| Year | 1962 |
1962 No. 1874
RHODESIA AND NYASALAND FEDERATION
The Northern Rhodesia (Constitution) Order in Council 196224thAugust 1962
30thAugust 1962
1stSeptember 1962
At the Court at Balmoral, the 24th day of August 1962
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890(a) 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:—
Citation and commencement.
1.—(1) This Order may be cited as the Northern Rhodesia (Constitution) Order in Council 1962.
(2) This Order shall, except as otherwise provided, come into operation on 1st September 1962.
Interpretation.
2.—(1) In this Order—
"the appointed day" means the day after the day on which the Legislative Council constituted by the existing Orders is next dissolved after the commencement of this Order;
"the existing Orders" means the Orders in Council specified in schedule 1 to this Order;
"the Constitution" means the Constitution set out in schedule 2 to this Order.
(2) Unless the context otherwise requires, expressions used in section 1 to 10 (inclusive) of this Order have the same meaning as in the Constitution and the provisions of section 81 of the Constitution shall apply for the purposes of interpreting those sections as they apply for interpreting the Constitution.
Revocation.
3.—(1) The existing Orders are revoked with effect from the appointed day:
Provided that section 4 of the Northern Rhodesia (Electoral Provisions) Order in Council 1962(b), section 7 of that Order (to the extent that the section confers power upon the Governor to prescribe the manner in which Northern Rhodesia is divided into electoral areas under section 4 of that Order) and the whole of the Northern Rhodesia (Delimitation Commission Order in Council 1962(c) are revoked with
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1962/626 (1962 I, p. 617).
(c) S.I. 1962/1334 (1962 II, p. 1437).
effect from such day (hereinafter referred to as "the second appointed day"), not being earlier than the appointed day or later than the day before the day fixed for the holding of the next general election of the Legislative Council of Northern Rhodesia after the appointed day, as the Governor, acting in his discretion, may by notice in the Gazette appoint.
(2) The revocation of the existing Orders under subsection (1) of this section shall not extend to the provisions of section 1, section 3 (except the definitions in section 3 (1) other than the definition of "the Governor") and section 39 of the Northern Rhodesia Order in Council 1924(a), as amended by the Northern Rhodesia Order in Council 1960(b).
Establishment of Constitution.
4. The Constitution shall come into effect in Northern Rhodesia on the appointed day:
Provided that—
(a) sections 30, 31, 32 and 33 of the Constitution shall come into effect in Northern Rhodesia on the second appointed day; and
(b) the provisions of Part VII of the Constitution shall come into effect on such day after the second appointed day as the Governor, acting in his discretion, may by notice in the Gazette appoint.
Existing laws.
5.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the existing Orders, have effect after the appointed day as if they had been made in pursuance of this Order and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.
(2) The Governor may by order made at any time before 1st January 1963 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Order or otherwise for giving effect or enabling effect to be given to those provisions.
(3) Where any matter that falls to be prescribed or otherwise provided for the purposes of the Constitution by a law enacted under the Constitution or by any other person or authority is prescribed or provided for by or under any existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for, immediately before the appointed day, by or under the existing Orders, that prescription or provision shall, as from the appointed day, have effect as if it had been made by a law enacted under the Constitution.
(4) The provisions of this section shall be without prejudice to any powers conferred by this Order upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
(5) For the purposes of this section, the expression "the existing laws" means all Ordinances, laws, rules, regulations, orders and other instruments made in pursuance of, or kept in force by, the existing Orders and having effect as part of the law of Northern Rhodesia or any part thereof immediately before the appointed day.
Existing Officers.
6. Where any office has been established by or under the existing Orders and the Constitution establishes a similar or an equivalent office
(a) S.R. & O. 1924/324 (Rev. VIII, p. 154: 1924, p. 395).
(b) S.I. 1960/204 (1960 III, p. 2900).
(not being the office of a member of the Legislative Council) any person who, immediately before the appointed day, holds or is acting in the former office shall, so far as is consistent with the provisions of this Order, be deemed to have been appointed, as from the appointed day, to hold or to act in the latter office in accordance with the provisions of the Constitution and to have taken any necessary oath under the Constitution.
First constituencies.
7. Until other provision is made under section 33 of the Constitution—
(a) the boundaries of the higher franchise constituencies, the lower franchise constituencies and the national constituencies into which Northern Rhodesia is divided by section 30 of the Constitution shall be the boundaries declared by any proclamation made under section 6 (1) of the Northern Rhodesia (Delimitation Commission) Order in Council 1962 and in force immediately before the second appointed day;
(b) every national constituency designated by any such proclamation in pursuance of section 6 (1) (e) of that Order shall be deemed to have been designated as a national constituency that shall return one European member and one African member to the Legislative Council in pursuance of section 33 (1) (d) of the Constitution;
(c) the electoral areas into which Northern Rhodesia is divided immediately before the second appointed day in pursuance of section 4 of the Northern Rhodesia (Electoral Provisions) Order in Council 1962 shall be the electoral areas for the purposes of Part IV of the Constitution.
Rules and orders of Legislative Council.
8. The rules and orders of the Legislative Council constituted by the existing Orders as in force immediately before the appointed day shall, as from the appointed day and until it is otherwise provided under section 43 of the Constitution, continue to be the rules and orders of the Legislative Council constituted by the Constitution but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
Courts.
9.—(1) Until such time as other provision is made by any competent authority, the High Court of Northern Rhodesia established by the Constitution and all other courts in Northern Rhodesia shall possess the same jurisdiction and powers, and shall observe the same rules of procedure, as were respectively possessed and observed under the existing Orders immediately before the appointed day by the High Court of Northern Rhodesia established by the existing Orders and such other courts.
(2) Any proceedings pending immediately before the appointed day before the High Court of Northern Rhodesia established by the existing Orders may be continued after the appointed day before the High Court of Northern Rhodesia established by the Constitution.
Electoral law.
10.—(1) The Governor, acting in his discretion, may at any time after the commencement of this Order by regulation make provision for all or any of the matters for which provision may be made by a law enacted in pursuance of section 39 of the Constitution.
(2) If any regulation made under this section is inconsistent with any existing law (as defined in section 5 of this Order) the provisions of the regulation shall prevail.
(3) Any matter prescribed by regulations made under this section for the time being in force shall, for the purposes of Part IV of the Constitution, be deemed to have been prescribed by a law enacted under the Constitution.
(4) This section shall cease to have effect on such day as may be specified in any law enacted in pursuance of section 39 of the Constitution; and, subject to the provisions of section 7 of this Order, any regulations made under this section or the Northern Rhodesia (Electoral Provisions) Order in Council 1962 and in force immediately before that day shall have effect thereafter as if they were laws enacted in pursuance of section 39 of the Constitution and may be amended or revoked accordingly.
E. N. Landale.
Section 2.
SCHEDULE 1 TO THE ORDER
THE EXISTING ORDERS
The Northern Rhodesia Order in Council 1924.
The Northern Rhodesia (Amendment) Order in Council 1928(a).
The Northern Rhodesia (Amendment) Order in Council 1931(b).
The Northern Rhodesia (Amendment) Order in Council 1939(c).
The Northern Rhodesia (Amendment) Order in Council 1941(d).
The Northern Rhodesia (Amendment) Order in Council 1947(e).
The Northern Rhodesia Order in Council 1949(f).
The Northern Rhodesia Order in Council 1951(g).
The Northern Rhodesia Order in Council 1954(h).
The Northern Rhodesia (No. 2) Order in Council 1954(i).
The Northern Rhodesia Order in Council 1957(j).
The Northern Rhodesia (Legislative Council)...
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