Nyasaland (Constitution) Order in Council 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/883 |
1963 No. 883
RHODESIA AND NYASALAND FEDERATION
The Nyasaland (Constitution) Order in Council 19632ndMay 1963
8thMay 1963
Sections 1 and 5(2) of the OrderSections 1 and 5(2) of the Order9thMay 1963Sections 25(2), 26, 74(2), 75, 76 and 77 of the ConstitutionSections 25(2), 26, 74(2), 75, 76 and 77 of the ConstitutionAs provided in section 1 (3)As provided in section 1 (3)RemainderOn a day to be appointed under section 1 (2)
At the Court at Buckingham Palace, the 2nd day of May 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), the Colonial Courts of Admiralty Act 1890(b), 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 and commencement.
1.—(1) This Order may be cited as the Nyasaland (Constitution) Order in Council 1963.
(2) Except as provided in subsection (3) of this section, this Order shall come into operation on such day as may be appointed by the Governor, acting in his discretion, by Proclamation published in the Gazette, which day shall not be earlier than 9th May 1963.
(3) This section and section 5(2) of this Order shall come into operation on 9th May 1963, sections 25(2) and 26 of the Constitution shall come into operation on the day upon which the Legislative Assembly first sits following the first dissolution of the Assembly after the appointed day, and sections 74(2), 75, 76 and 77 of the Constitution shall come into operation on such day, after the appointed day, as may be appointed by the Governor, acting in his discretion, by notice published in the Gazette.
2.—(1) In this Order—
Interpretation.
"the appointed day" means the day appointed by the Governor under section 1(2) of this Order;
(a) 53 & 54 Vict. c. 37.
(b) 53 & 54 Vict. c. 27.
"the existing Orders" means the Nyasaland (Constitution) Order in Council 1961 (a) and the Nyasaland (Constitution) (Amendment) Order in Council 1963(b);
"the Constitution" means the Constitution set out in the Schedule to this Order.
(2) References in this Order to "the Governor" shall be construed, in relation to any period before the appointed day, as references to the person holding the office of Governor constituted by the existing Orders or, to the extent of his authority, to any person who is for the time being authorised to perform the functions of that office.
(3) Unless the context otherwise requires, the expressions in sections 1 to 21 (inclusive) of this Order have, the same meanings as in the Constitution and the provisions of section 96 of the Constitution shall apply for the purpose of interpreting those sections as they apply for interpreting the Constitution.
Revocations.
3. The provisions of the existing Orders, other than sections 82(2), 82(3), 84 and 86 of the Nyasaland (Constitution) Order in Council 1961, are revoked.
Establishment of Constitutions.
4. Subject to the provisions of this Order, the provisions of the Constitution set out in the Schedule to this Order shall have effect in Nyasaland.
Existing laws.
5.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the provisions of the existing Orders, have effect from 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) (a) The Governor may by order made at any time before 1st November 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.
(b) An order by the Governor under this subsection shall have effect from such date, not being earlier than the appointed day, as may be specified therein.
(3) Where any matter that falls to be prescribed or otherwise provided for under this Order by the Legislature of Nyasaland or by any other authority or person is prescribed or provided for by or under an 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 under this Order by the Legislature of Nyasaland or, as the case may be, by that other authority or person.
(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
(a) S.I. 1961/1189 (1961 II, p. 2218).
(b) S.I. 1963/175 (1963 I, p. 164).
Orders and having effect as part of the law of Nyasaland or any part thereof immediately before the appointed day.
Existing offices.
6.—(1) Where any office has been established by or under the existing Orders or any existing law and the Constitution establishes a similar or an equivalent office 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 as from the appointed day to have been appointed to hold or to act in the latter office in accordance with the provisions of this Order and to have taken any necessary oath under this Order:
Provided that unless the Legislature of Nyasaland otherwise provides, any person who under the existing Orders or any existing law would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or upon the attainment of that age.
(2) The provisions of this section shall be without prejudice to any powers conferred by or under this Order upon any person or authority to make provision for the abolition of offices and the removal of persons holding or acting in any office.
(3) In this section "existing law" means such a law as is referred to in section 5(5) of this Order.
Fundamental rights and freedoms.
7. Until the expiration of a period of two years commencing with the appointed day, nothing contained in any law made before the appointed day shall be held to be inconsistent with any of the provisions of section 9, 10, 11, 12 or 13 of the Constitution, and until the expiration of that period nothing done under the authority of any such law shall be held to be done in contravention of those sections.
Financial Secretary.
8.—(1) There shall be a Financial Secretary, whose office shall be a public office.
(2) The Financial Secretary shall be a member of the Legislative Assembly in addition to the members of the Assembly for whom provision is made by section 25 of the Constitution.
(3) There shall be an office of Minister of Finance which shall be deemed to be one of the offices established under section 53(2) of the Constitution and shall be held by the Financial Secretary.
(4) Nothing in section 35 of the Constitution shall apply in relation to the seat in the Legislative Assembly of the Financial Secretary and nothing in section 53(3) or 54 of the Constitution shall apply in relation to the office of Minister held by the Financial Secretary.
(5) The Minister of Finance shall have responsibility for the conduct (subject to the provisions of the Constitution or any other law) of the business of the Government of Nyasaland relating to financial matters and for the administration of the departments of Government dealing with those matters and, accordingly, such responsibility shall not be assigned to any other Minister.
(6) In this section "financial matters" means the financial and economic policy of the Government of Nyasaland, the appropriation of public money, taxation and the administration of public funds.
(7) The provisions of this section shall cease to have effect on such day as may be appointed by the Governor, acting after consultation with the Prime Minister and with the approval of a Secretary of State, by notice in the Gazette.
Appointment of Ministers.
9. Until the day appointed under section 8(7) of this Order section 53(3) of the Constitution shall have effect as if in paragraph (a) of the proviso to that subsection for the word "three" there were substituted the word "two".
Special legislative powers of Governor with respect to finance.
10.—(1) Where the Governor considers it to be necessary or expedient to do so for the purpose of maintaining or securing the financial or economic stability of Nyasaland or for securing that a condition attached to a financial grant made by the United Kingdom Government to the Nyasaland Government is complied with, he may exercise any of the following powers—
(a) send, by message, to the Legislative Assembly a draft of a Bill or motion;
(b) require, by the same or a later message, that the Bill or motion should be introduced or moved, not later than such date as he may specify;
(c) if the Assembly fail to pass any Bill introduced, or to carry any motion proposed, in the Legislative Assembly (whether introduced or proposed in pursuance of the provisions of this subsection or otherwise) within such time and in such form as he considers reasonable or expedient declare that such Bill or motion shall have effect as if it had been passed or carried by the Assembly, either in the form in which it was introduced or proposed or with such amendments as the Governor thinks fit that have been moved or proposed in the Assembly, including any committee thereof.
(2) Where a...
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