NORTHERN RHODESIA (LEGISLATIVE COUNCIL) Order In Council, 1945(e)
| Jurisdiction | UK Non-devolved |
| Citation | SI 1945/620 |
| Year | 1945 |
1945 No. 620
FOREIGN JURISDICTION
Legislative Council
THE NORTHERN RHODESIA (LEGISLATIVE COUNCIL) ORDER IN COUNCIL, 1945(e)PRESENT,
The King's Most Excellent Majesty in Council.
Whereas by the Northern Rhodesia Legislative Council Orders in Council, 1924 to 1941(f), and the Northern Rhodesia Order in Council, 1924 (g), provision is made for the constitution and powers of the Legislative Council of Northern Rhodesia:
And whereas it is expedient to make other provision for the matters aforesaid:
(e) S.I. 1948 No. 2064 provided for the citation of the principal Order of 1945 as amended by S.I. 1948 Nos. 340 and 2064 as the Northern Rhodesia (Legislative Council) Orders in Council, 1945 to 1948.
(f) S.R. & O. 1924 (No. 325) p. 407; 1938 (No. 1648) I, p. 1312; 1940 (No. 200) I, p. 398 and 1941 (No. 1111) I, p. 354.
(g) S.R. & O. 1924 No. 324, p. 154 above.
Now, therefore, His Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
PART I
Preliminary
Interpretation.
1.—(1) In this Order, unless the context otherwise requires—
"The African Representative Council" means the body of persons recognised by the Governor as the African Representative Council; (a)
"The Council" means the Legislative Council of Northern Rhodesia;
"The Gazette" means the Northern Rhodesia Government Gazette;
"The Governor" means the Governor and Commander-in-Chief of Northern Rhodesia, and includes the officer for the time being administering the Government of Northern Rhodesia;
"The Public Seal" means the Public Seal of Northern Rhodesia;
"The Territory" means the Territory of Northern Rhodesia as defined in the Northern Rhodesia Order in Council, 1924, or any Order amending or substituted for that Order.
(2) For the purposes of this Order, a person shall not be deemed to hold an office of emolument under the Crown in the Territory by reason only that he is in receipt of a pension or other like allowance in respect of service under the Crown.
If it shall be declared by any law for the time being in force in the Territory that an office shall not be an office of emolument under the Crown in the Territory for all or any of the purposes of this Order, this Order shall have effect accordingly as if such law were enacted therein.
(3) The Interpretation Act, 1889, shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Short title and commencement.
2. This Order may be cited as the Northern Rhodesia (Legislative Council) Order in Council, 1945. It shall be published in the Gazette and shall come into operation on a day to be fixed by the Governor by Proclamation in the Gazette (b).
Revocation.
3. The Northern Rhodesia Legislative Council Orders in Council, 1924 to 1941 (c), the Northern Rhodesia (Legislative Council—Nominated Unofficial Member) Order in Council, 1940 (d), and Articles 19, 20, 22, 23, 24, 25 and 26 of the Northern Rhodesia Order in Council, 1924 (e), are hereby revoked, but without prejudice to anything lawfully done thereunder.
(a) Definition "the African Representative Council" added by S.I. 1948 No. 340.
(b) The date thus fixed was June 1, 1945.
(c) S.R. & O. 1924 (No. 325), p. 407; 1938 (No. 1648) I, p. 1312; 1940 (No. 200) I, p. 398; and 1941 (No. 1111) I, p. 354.
(d) S.R. & O. 1940 (No. 1924) I, p. 399.
(e) S.R. & O. 1924 No. 324, p. 154 above.
PART II
Constitution of Legislative Council
Establishment of Legislative Council.
4. There shall be a Legislative Council in and for the Territory, constituted in accordance with the provisions of this Order.
Members of Legislative Council.
5. The Council shall consist of a Speaker, six ex-officio Members, three Nominated Official Members, two Nominated Unofficial Members appointed to represent the interests of the African community, ten Elected Members and two African Members (a).
The Speaker.
5A.—(1) The Speaker shall be a person not holding any office of emolument under the Crown in the Territory, and shall be appointed by Instructions or Warrant under His Majesty's Sign Manual and Signet or by the Governor by Instrument under the Public Seal in Pursuance of His Majesty's instructions through a Secretary of State:
Provided that nothing in this sub-section shall prevent the payment of emoluments to the Speaker if provision is duly made therefor.
(2) The Speaker shall hold office during His Majesty's pleasure and, subject thereto, for such period as may be specified in the Instrument by which he is appointed, and shall not vacate his office by reason only of a dissolution of the Council:
Provided that the Speaker may at any time resign his office by writing under his hand addressed to the Governor (a).
Ex-officio Members.
6. The ex-officio Members shall be the persons for the time being lawfully discharging the functions of Chief Secretary to the Government, of Attorney-General, of Financial Secretary, of Secretary for Native Affairs, of Administrative Secretary and of Economic Secretary (b).
Nominated Official Members.
7. The Nominated Official Members shall be persons holding office of emolument under the Crown in the Territory, and shall be appointed by Instructions or Warrant under His Majesty's Sign Manual and Signet, or by the Governor by an Instrument under the Public Seal in pursuance of His Majesty's instructions through a Secretary of State.
Nominated Unofficial Members.
8. The Nominated Unofficial Members shall be persons not holding any office of emolument under the Crown in the Territory, and shall be appointed by Instructions or Warrant under His Majesty's Sign Manual and Signet, or by the Governor by an Instrument under the Public Seal in pursuance of His Majesty's instructions through a Secretary of State.
Elected Members.
9. The Elected Members shall be persons qualified and elected in accordance with the provisions of any law for the time being in force in the Territory providing for the qualification and election of such Members (c).
African Members.
9A. The African Members shall be appointed by the Governor by Instrument under the Public Seal. They shall be persons not holding any office of emolument under the Crown in the Territory and shall
(a) Articles 5 and 5A as substituted for article 5 by S.I. 1948 No. 340.
(b) Article 6 as substituted by S.I. 1948 No. 340.
(c) Article 9 as amended by S.I. 1948 No. 340.
be selected for appointment by the African Representative Council from among its members in accordance with such procedure as the Governor may approve (a).
Tenure of office of Nominated Members.
10.—(1) Subject to the provisions of this Order, every Nominated Official or Nominated Unofficial Member of the Council shall hold his seat in the Council during His Majesty's...
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