Pitcairn Court of Appeal Order 2000
| Jurisdiction | UK Non-devolved |
2000 No. 1341
PITCAIRN ISLANDS
The Pitcairn Court of Appeal Order 2000
Made 17th May 2000
Laid before Parliament 25th May 2000
Coming into force 15th June 2000
At the Court at Buckingham Palace, the 17th day of May 2000
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts 18871and 19452or 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 Pitcairn Court of Appeal Order 2000.
(2) This Order shall come into force on 15th June 2000.
Interpretation
2.—(1) In this Order, unless the contrary intention appears:—
“the Court” means the Court constituted by this Order;
“the Governor” means the Governor of the Islands;
“the Islands” means the Pitcairn, Henderson, Ducie & Oeno Islands;
“the President” means the President of the Court.
(2) In this Order, unless the contrary intention appears, a reference to the holder of an office by the term designating his office includes, to the extent of his authority, a person who is for the time being authorised to perform the functions of that office.
Constitution of Court
3.—(1) There shall be a Court of Appeal for the Islands which shall be styled the Pitcairn Court of Appeal.
(2) The judges of the Court shall be:
(a)
(a) a President and two or more Justices of Appeal; and
(b)
(b) the Chief Justice of the Supreme Court of the Islands, who shall be a member of the Courtex officio.
(a)
(a) (3) The President and the Justices of Appeal shall be appointed by the Governor in accordance with instructions given by Her Majesty through a Secretary of State and shall hold office during Her Majesty’s pleasure on such terms and conditions as the Governor may, in accordance with such instructions, prescribe.
(b)
(b) A person shall not be qualified for appointment as the President or a Justice of Appeal unless—
(i) he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland, or a court having jurisdiction in appeals from any such court; or
(ii) he is entitled to practice as an advocate in such a court and has been entitled for not less than five years to practice as an advocate or solicitor in such a court.
(c)
(c) For the purposes of this paragraph, a person shall be regarded as an advocate or a solicitor if he has been called, enrolled or otherwise admitted as such (and has not subsequently been disbarred or removed from the roll of advocates or solicitors) notwithstanding that—
(i) he holds or acts in any office the holder of which is, by reason of his office, precluded from practising in a court; or
(ii) he does not hold...
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