Saint Vincent (Constitution) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/2201 |
| Year | 1959 |
1959 No. 2201
The Saint Vincent (Constitution) Order in Council, 195921stDecember 1959
21stDecember 1959Remainder except Part IV1stJanuary 1960Part IVAs provided in Section 1 (3)As provided in Section 1 (3)
At the Court at Buckingham Palace, the 21st day of December, 1959
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under the Saint Vincent and Grenada Constitution Act, 1876(a), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I—INTRODUCTORY
Citation, commencement and revocation
1.—(1) This Order may be cited as the Saint Vincent (Constitution) Order in Council, 1959.
(a) 39 & 40 Vict. c. 47.
(2) Save as otherwise provided in this Order, this Order shall come into operation on the first day of January, 1960.
(3) Part IV of this Order shall come into operation on the day subsequent to the first day of January, 1960, on which the Legislative Council established by the Orders in Council set out in the First Schedule to this Order is next dissolved, and thereupon those Orders in Council shall cease to have effect.
(4) The Letters Patent set out in the Second Schedule to this Order are revoked in so far as they relate to Saint Vincent.
Interpretation
2.—(1) In this Order, unless it is otherwise provided or required by the context—
"dollars" means dollars in the currency of Saint Vincent;
"the Federal Constitution" means the Constitution of the West Indies annexed to the West Indies (Federation) Order in Council, 1957(a);
"the Federal Legislature" means the Federal Legislature established by the Federal Constitution;
"the Federation" means the Federation of the West Indies established by the West Indies (Federation) Order in Council, 1957;
"the Gazette" means the Saint Vincent Government Gazette;
"Government contract" means any contract made with the Government of Saint Vincent, or a department of that Government, or an officer of that Government contracting as such;
"the Judicial and Legal Service Commission" means the Judicial and Legal Service Commission established by the Windward Islands and Leeward Islands (Courts) Order in Council, 1959(b);
"minister of religion" means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship;
"the Police Service Commission" means the Police Service Commission established by the Windward Islands and Leeward Islands (Police Service Commission) Order in Council, 1959(c);
"the principal law officer" means the principal law officer (by whatever name called) of Saint Vincent;
"public office" means any office of emolument in the public service;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"the public seal" means the public seal of Saint Vincent;
"the public service" means the service of the Crown in a civil capacity in respect of the government of Saint Vincent and includes service as a member of the Judicial and Legal Service Commission or the Police Service Commission but does not include service as a judge of the Supreme Court;
"Saint Vincent" means the Colony of Saint Vincent and its dependencies;
"session" means, in relation to the Legislative Council, the sittings of the Council commencing when it first meets after Part IV of this Order comes into operation or after the prorogation or
(a) S.I. 1957/1364 (1957 I, p. 202).
(b) S.I. 1959/2197 (Pt. I, p. 563 of this vol.).
(c) S.I. 1959/2198 (Pt. I, p. 558, of this vol.).
dissolution of the Council at any time and terminating when the Council is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to the Legislative Council, a period during which the Council is sitting continuously without adjournment and includes any period during which the Council is in committee;
"the Supreme Court" means the Supreme Court of the Windward Islands and Leeward Islands established by the Windward Islands and Leeward Islands (Courts) Order in Council, 1959.
(2) In this Order, unless it is otherwise provided or required by the context—
(a) any reference to the date of commencement of this Order shall be construed as a reference to the day mentioned in subsection (2) of the preceding section;
(b) any reference to a law enacted by the Legislature of Saint Vincent shall be construed as including a reference to a law enacted by any Legislature established for Saint Vincent at any time before the day on which Part IV of this Order comes into operation;
(c) any reference to Her Majesty's dominions shall be construed as including a reference to all countries and territories within the Commonwealth;
(d) any reference to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to perform the functions of that office during any period during which it is vacant or the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions;
(e) any reference to the holder of an office by a term designating or describing his office shall be construed as including a reference to any person who, under and to the extent of any authority in that behalf, is for the time being performing the functions of that office.
(3) In this Order, unless it is otherwise provided or required by the context, references to the functions of the Administrator shall be construed as references to his powers and duties in exercise of the executive authority of Saint Vincent and to any other powers or duties conferred or imposed on him as Administrator by or under this Order or any other law.
(4) Where by this Order any person is directed, or power is conferred on any person or authority to appoint a person, to perform the functions of an office if the holder thereof is unable to perform those functions the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.
(5) For the purposes of this Order, the resignation of the holder of any office that is required to be addressed to any person shall have effect from the time that it is received by that person.
(6) For the purposes of this Order, a person shall not be considered to hold a public office by reason only—
(a) that he is in receipt of a pension or other like allowance in respect of public service; or
(b) that he is in receipt of any remuneration or allowances in respect of his tenure of the office of Minister or member of the Executive Council or Speaker, Deputy Speaker or member of the Legislative Council.
(7) If it is provided by any law enacted by the Legislature of Saint Vincent that an office (not being an office constituted by this Order or the office of member of the Judicial and Legal Service Commission or the Police Service Commission) shall not be a public office for the purposes of Part IV of this Order, this Order shall have effect accordingly as if that provision of that law were enacted herein.
(8) (a) When the holder of any office constituted by or under this Order is on leave of absence pending relinquishment of that office the person or authority having power to make appointments to that office may appoint another person thereto.
(b) Where two or more persons are holding the same office by reason of an appointment made in pursuance of the preceding paragraph, then—
(i) for the purposes of any function conferred upon the holder of that office, and
(ii) for the purposes of any reference in this Order to the absence, illness or inability to perform the functions of his office of the holder of that office,
the person last appointed to the office shall be deemed to be the sole holder of the office.
(9) Where any power is conferred by this Order to make any proclamation, order, rules or regulations or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order, rules, regulations or directions.
(10) This Order shall be construed as if subsection (2) of section 3 of the British Nationality Act, 1948(a) (as interpreted by subsection (1) of section 3 of the Ireland Act, 1949(b)) and subsection (2) of section 3 of the Ireland Act, 1949, applied to it as those subsections apply to laws in force at the dates of the commencement of those Acts respectively.
(11) For the avoidance of doubts it is hereby declared that any person who has vacated his seat in any body, or has vacated any office, established by this Order may, if qualified, again be appointed or elected as a member of that body, or to that office, as the case may be, from time to time.
(12) Save as in this Order otherwise provided or required by the context the Interpretation Act, 1889(c), shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
PART II—THE ADMINISTRATOR
The Administrator
3.—(1) There shall be an Administrator of Saint Vincent who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
(a) 11 & 12 Geo. 6. c. 56.
(b) 12, 13 & 14 Geo. 6. c. 41.
(c) 52 & 53 Vict. c. 63.
(2) The Administrator shall, for the purpose of administering the government of Saint Vincent, have such powers and duties as are conferred or imposed on him by or under this Order or any other law and such other powers as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Order and of any law by which any such powers or...
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