Pacific (Probate and Administration) Order 1977

JurisdictionUK Non-devolved
CitationSI 1977/1628

1977 No. 1628

PACIFIC ISLANDS

The Pacific (Probate and Administration) Order 1977

11thOctober 1977

19thOctober 1977

10thNovember 1977

At the Court at Buckingham Palace, the 11th day of October 1977

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:—

1. This Order may be cited as the Pacific (Probate and Administration) Order 1977 and shall come into operation on 10th November 1977.

2.—(1) In this Order, "the 1914 Order" means the British Solomon Islands and Gilbert and Ellice Islands (Probate and Administration) Order in Council 1914(b).

(2) The Interpretation Act 1889(c) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

3. Articles 1 and 4 of the 1914 Order are revoked.

4. Subject to the provisions of this Order, the 1914 Order shall continue to apply to the territories of the Solomon Islands, the Gilbert Islands, and Tuvalu.

5.—(1) In the application of the 1914 Order to the Solomon Islands—

(a) all the functions of the High Commissioner or the Resident Commissioner shall be exercised and performed by the Governor of the Solomon Islands;

(b) any reference to the Court shall be construed as a reference to the High Court of the Solomon Islands, and any reference to a Judge or Judicial Commissioner shall be construed as a reference to the Chief Justice of the High Court of the Solomon Islands; and

(c) any reference to the Protectorate shall be construed as a reference to the territory of the Solomon Islands.

(a) 1890 c. 37.

(b) S.R. & O. 1914/150 (Rev. VIII, p. 691: 1914 I, p. 634).

(c) 1889 c. 63.

(2) If he is satisfied that proper and adequate provision has been made in the law of the Solomon Islands with respect to any matter provided for in the 1914 Order, the Governor of the Solomon Islands, acting in his discretion, may by order direct that as from such day as shall be specified in such order such provisions of the 1914 Order as he considers are no longer required shall cease to apply to the Solomon Islands on such conditions and subject to such exceptions and qualifications as may be prescribed in...

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