Pitcairn Order in Council, 1952

JurisdictionUK Non-devolved
CitationSI 1952/459
Year1952

1952 No. 459

PACIFIC POSSESSIONS

The Pitcairn Order in Council, 1952

10thMarch 1952

11thMarch 1952

1stApril 1952

At the Court at Clarence House, the 10th day of March, 1952

Present

The Queen's Most Excellent Majesty in Council

Whereas provision is made for the government of the Islands of Pitcairn, Henderson, Ducie and Oeno by the Pacific Order in Council, 1893(a):

And Whereas it is expedient to make other provision for the government of the said Islands:

Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the British Settlements Acts, 1887(b) and 1945(c), 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:—

Short title and commencement

1. This Order may be cited as the Pitcairn Order in Council, 1952, and shall come into operation on the first day of April, 1952.

Interpretation

2.—(1) In this Order unless the context otherwise requires—

"Fiji" means the Colony of Fiji;

"Governor" means the Governor of Fiji and includes any person for the time being administering the Government of Fiji and, to the extent to which a Deputy for the Governor is authorised to act, that Deputy;

"High Commissioner" means Her Majesty's High Commissioner for the Western Pacific;

"the Islands" means the Islands of Pitcairn, Henderson, Ducie and Oeno;

"Pacific Order in Council" means the Pacific Order in Council, 1893, as from time to time amended by Order in Council.

(2) Save as in this Order otherwise provided or required by the context, the Interpretation Act, 1889(d), shall apply in relation to this Order as it applies in relation to an Act of Parliament.

(a) Rev. VIII, p. 597; 1893, p. 312.

(b) 50 & 51 Vict. c. 54.

(c) 9 & 10 Geo. 6. c. 7.

(d) 52 & 53 Vict. c. 63.

Revocation of Pacific Order in Council

3. Without prejudice to anything lawfully done thereunder, the Pacific Order in Council is hereby revoked in so far as it applies to the Islands:

Provided that, until the Governor, by law made under the provisions of this Order, provides that the jurisdiction of the High Commissioner's Court in the Islands shall cease, and subject as hereinafter provided—

(a) the High Commissioner's Court, when consisting of a Judicial Commissioner, shall continue to have all the jurisdiction with respect to causes or matters occurring or arising in the Islands which it would have if the Pacific Order in Council still applied to the Islands; and

(b) such jurisdiction shall be exercisable upon the principles of, and in conformity with, such law...

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