Nyasaland (Constitution) (Amendment) Order in Council 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/175 |
| Year | 1963 |
1963 No. 175
RHODESIA AND NYASALAND FEDERATION
The Nyasaland (Constitution) (Amendment) Order in Council 196328thJanuary 1963
31stJanuary 1963
1stFebruary 1963
At the Court at Buckingham Palace, the 28th day of January 1963
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 Majesty vested, 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 Nyasaland (Constitution) (Amendment) Order in Council 1963 and shall be construed as one with the Nyasaland (Constitution) Order in Council 1961(b) (which Order is hereinafter referred to as " the principal Order ").
(2) The principal Order and this Order may be cited together as the Nyasaland (Constitution) Orders in Council 1961 and 1963.
(3) This Order shall come into operation on 1st February 1963.
Amendment of section 2 of Order of 1961.
2. Section 2 of the principal Order is amended by the insertion, immediately after subsection (4), of the following subsection:—
"(4A) Where any power is conferred by this Order to make any proclamation, order or regulation or to give any direction, that power shall be construed as including a power, exercisable in like manner, to amend or revoke any such proclamation, order, regulation or direction.".
Insertion of section 3A in Order of 1961.
3. The principal Order is amended by the insertion, immediately after section 3, of the following section—
" Establishment of office of Deputy Governor.
3A.—(1) There shall be a Deputy Governor who shall be appointed by the Governor in pursuance of instructions given by Her Majesty through a Secretary of State and shall hold office during Her Majesty's pleasure.
(2) If the office of Deputy Governor is vacant or the Deputy Governor is administering the government of Nyasaland or is for any reason unable to perform the functions of his office, then the Governor, in his discretion, may appoint a person to act as Deputy Governor and any such person shall continue to act until his appointment is revoked by the Governor, in his discretion.".
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1961/1189 (1961 II, p. 2218).
Replacement of section of Order of 1961.
4. Section 4 of the principal Order is revoked and the following section is substituted—
" Succession to Government.
4.—(1) Whenever the office of Governor is vacant or the Governor is absent from Nyasaland or is for any other cause prevented from or incapable of discharging 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 Nyasaland or is for any reason unable to discharge the functions of his office, such person as Her Majesty may designate by Instructions given under Her Sign Manual and Signet or through a Secretary of State,
shall, during Her Majesty's pleasure, discharge the functions of the office of Governor and administer the government of Nyasaland accordingly.
(2) Before assuming the administration of the government of Nyasaland, the Deputy Governor or any such person as aforesaid shall make the oaths or affirmations of allegiance and for the due execution of the office of Governor in the forms set out in the Second Schedule to this Order.
(3) The Deputy Governor shall not continue to administer the government after the Governor has notified him that he is about to assume or resume the administration of the government and the person designated under paragraph (b) of subsection (1) of this section shall not continue to administer the government after the Governor or the Deputy Governor has so notified him.
(4) The Governor, or, if the Deputy Governor has entered upon the discharge of the functions of the Governor under subsection (1) of this section, the Deputy Governor may, if he has occasion to be absent from Nyasaland for a period which in his opinion will be of short duration, direct by notice published in the Gazette that, notwithstanding his absence from Nyasaland, he will continue to administer the government of Nyasaland.
(5) For the purposes of subsection (1) of this section—
(a) the Governor or the Deputy Governor shall not be regarded as absent from Nyasaland or as unable to discharge the functions of the office of Governor by reason of the fact that he is in passage from one part of Nyasaland to another;
(b) the Governor shall not be regarded as absent from Nyasaland so long as any direction given by the Governor under subsection (4) of this section is in force;
(c) when the Deputy Governor has entered upon the discharge of the functions of the office of Governor under subsection (1) of this section he shall not be regarded as absent from Nyasaland so long as any direction given by the Deputy Governor under subsection (4) of this section is in force.
(6) In this section "the Governor" means the person holding the office of Governor and "the Deputy Governor" means the person holding the office of Deputy Governor.".
Replacement of section 5 of Order of 1961.
5. Section 5 of the principal Order is revoked and the following section is substituted:—
"Discharge of Governor's functions by Deputy Governor.
5.—(1) The Governor may, by writing under his hand, authorize the Deputy Governor to exercise for and on behalf of the Governor, subject to such exceptions and conditions as the Governor may from time to time specify, any or all of the functions of the office of Governor.
(2) The powers and authority of the Governor shall not be affected by any authority of the Deputy Governor under subsection (1) of this section otherwise than as Her Majesty may from time to time think proper to direct and the Deputy Governor shall conform to and observe such instructions relating to the discharge by him of any of the functions of the office of Governor as the Governor may from time to time address to him for his guidance.
(3) Any authority given under subsection (1) of this section may at any time be varied or revoked by Her Majesty by instructions through a Secretary of State or by the Governor by writing under his hand.
(4) In sub-section (1) of this section the reference to any functions of the office of Governor does not include a reference to—
(a) the functions conferred upon the Governor by this section;
(b) any functions conferred upon the Governor by any Act of Parliament or by any Order of Her Majesty in Council or other instruments made under any Act of Parliament other than this Order, the Emergency Powers Order in Council 1939(a) or any Order amending or replacing those Orders.".
Insertion of section 5A Order of 1961.
6. The principal Order is amended by the insertion, immediately in after section 5, of the following section—
"Personal staff and expenditure of Governor.
5A.—(1) The personal staff of the Governor shall consist of the office of legal adviser to the Governor and such other offices as the Governor, acting after consultation with the Prime Minister, may, by order published in the Gazette prescribe.
(2) The Governor, acting after consultation with the Prime Minister, may, by order published in the Gazette prescribe the sums payable in respect of the expenditure attaching to the office of the Governor (including the sums payable in respect of the salaries and allowances of the members of the Governor's personal staff) and any sum so prescribed shall be a charge on the revenues of Nyasaland.".
(a) See 1952 I, at p. 621.
Replacement of Part III of Order of 1961.
7. Part III of the principal Order is revoked and the following Part is substituted—
" PART III
THE EXECUTIVE
Cabinet.
6.—(1) There shall be a Cabinet of Ministers for Nyasaland which shall consist of a Prime Minister and not more than nine other Ministers.
(2) Subject to the provisions of this Order, the Cabinet shall be charged with the general direction and control of the Government of Nyasaland, and shall be collectively responsible therefor to the Legislative Assembly.
Appointment of Ministers.
7.—(1) The Governor, in his discretion, shall appoint as Prime Minister the elected member of the Legislative Assembly who appears to him to be best able to command the support of the majority of the members of the Assembly.
(2) The Ministers other than the Prime Minister shall be appointed by the Governor, acting in accordance with the advice of the Prime Minister, from among the elected members of...
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