Sierra Leone (Constitution) (Amendment) (No. 2) Order in Council, 1960
| Jurisdiction | UK Non-devolved |
| Citation | SI 1960/1960 |
| Year | 1960 |
1960 No. 1960
The Sierra Leone (Constitution) (Amendment) (No. 2) Order in Council, 196026thOctober 1960
1stNovember 1960
22ndNovember 1960
At the Court at Buckingham Palace, the 26th day of October, 1960
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:—;
Citation, construction and commencement
1.—(1) This Order may be cited as the Sierra Leone (Constitution) (Amendment) (No. 2) Order in Council, 1960, and shall be construed as one with the Sierra Leone (Constitution) Order in Council, 1958(b), which Order, as amended by the Sierra Leone (Constitution) (Amendment), Order, in Council, 1958(c), and the Sierra Leone (Constitution) (Amendment) Order in Council, 1960(d), is hereinafter referred to as " the principal Order ".
(2) The Sierra Leone (Constitution) Order in Council, 1958, the Sierra Leone (Constitution) (Amendment) Order in Council, 1958, the Sierra Leone (Constitution) (Amendment) Order in Council, 1960, and this Order may be cited together as the Sierra Leone (Constitution) Orders in Council, 1958 to 1960.
(3) Section 1 of the Sierra Leone (Constitution) (Amendment) Order in Council, 1960, is amended by the deletion of subsection (2).
(4) This Order shall be published in the Gazette and shall come into operation on such day as the Governor, in pursuance of instructions given to him by Her Majesty through a Secretary of State, may appoint by Proclamation in the Gazette, which day shall not be earlier than the day after the day on which this Order shall have been laid before both Houses of Parliament.
Amendment of principal Order
2. Section 1 of the principal Order is amended as follows:—
(i) by the insertion immediately after subsection (2) of the following subsection numbered (2A):—
"(2A) Where, by or under this Order, a power is conferred to make any appointment, the person or authority having power to make the appointment shall have power, exercisable in the like manner—
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1958/1259 (1958 II, p. 2851).
(c) S.I. 1958/1524 (1958 II, p. 2873).
(d) S.I. 1960/1056 (Pt. II. p. 4006, of this vol.).
(a) to suspend the appointment of any person appointed;
(b) in the case of a power to make an appointment to a public office, to direct that the person other than the person appointed shall during any period that the person appointed is unable to perform the functions of his office owing to absence or inability to act from illness or any other cause, perform the functions of that office;
(c) in the ease of a power to make an appointment to a public office, to appoint another person substantively to such an office, notwithstanding that there is already a substantive holder thereof, when that substantive holder is on leave of absence pending relinquishment of his office; and when two or more persons are holding the same office by reason of an appointment made pursuant to this paragraph, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office;
(d) in the case of a power to make an appointment to a public office, to direct that the person shall perform the functions of that office when no person has been appointed thereto, either until a contrary direction shall be given by the person or authority having power to make the appointment or until a person shall have been appointed substantively thereto whichever shall be the earlier.";
(ii) in subsection (5)—
(a) by the insertion in paragraph (b) immediately after the words " House of Representatives " of the words " Overseas Representative, Private Secretary to a Minister,"; and
(b) by the insertion of the following paragraph—
" (c) For the purposes of Part VII of this Order (as inserted by section 9 of the Sierra Leone (Constitution) (Amendment) (No. 2) Order in Council, 1960), the expression " the public service " shall not include service otherwise than in a civil capacity, the expression " public office " shall not include an office the remuneration of the holder of which is calculated on a daily rate and the expressions "public office" and "public officer" shall be construed accordingly."
3. Subsection (1) of section 16 of the principal Order (as specified in section 10 of the Sierra Leone (Constitution) (Amendment) Order in Council, 1960), is amended by the deletion therefrom of paragraphs (c) and (d).
4. Section 17 of the principal Order is revoked and the following section substituted therefor—
"The Attorney-General.
17.— (1) The Attorney-General shall be a person who is a public officer and shall be the legal adviser to the Government.
(2) Power to make appointments to the office of Attorney-General and to dismiss and to exercise disciplinary control over the Attorney-General is hereby vested in the Governor.
(3) The powers vested in the Governor by subsection (2) of this section shall be exercised by him after consultation with the Prime Minister;
(4) In the exercise of the powers conferred upon him by subsection (2) of section 35 of this Order, the Attorney-General shall not be subject to the direction or control of any person.
(5) The assignment to a Minister of responsibility for the department of the Attorney-General shall confer responsibility only for submitting to the Cabinet questions referring to that department and conducting government business relating to that department in the House of Representatives and shall have effect without prejudice to the provisions of subsection (4) of this section."
5. Section 59 of the principal Order (as set out in, section 13 of the Sierra Leone (Constitution) (Amendment) Order in Council, 1960), is amended by the deletion from subsection (1) of the words "a Senior Puisne Judge ".
6. Section 60 of the principal Order (as set put in section 13 of the Sierra Leone (Constitution) (Amendment) Order in Council, 1960), is amended by the deletion therefrom of subsection (1) and the substitution therefor of the following subsection—
"(1).(a) The Chief Justice shall appointed by the Governor, by Instrument under the Public Seal, in pursuance of instructions given to him by Her Majesty through a Secretary of State.
(b) The Puisne Judges of the Supreme Court shall be appointed by the Governor, by Instrument under the Public Seal, acting on the recommendation of the Judicial Service Commission."
7. Section 61 of the principal Order (as set out in section 13 of the Sierra Leone (Constitution) Amendment) Order in Council, 1960), is amended by the deletion from paragraph (b) of subsection (1) of the words "(including that of the Senior Puisne Judge)".
8. The principal Order is amended by the insertion therein immediately, after section 64 (as set out if section 13 of the Sierra Leone (Constitution) (Amendment) Order in Council, 1960), of the following sections numbered 65, 66, 67, 68 and 69—
" The Judicial Service Commission.
Judicial Service Commission.
65.—(1) There shall be in and for Sierra Leone a Judicial Service Commission which shall consist of the following persons, that is to say—
(a) The Chief Justice, as Chairman;
(b) A Puisne Judge appointed as occasion may require by the Governor after consultation with the Chief Justice;
(c) The Chairman of the Public Service Commission; and
(d) One other member (hereinafter called "the appointed member ") appointed in accordance with the provisions of subsection (2) of this section.
(2) The Governor, acting in his discretion, may, by Instrument under the Public Seal, appoint to be a member of the Judicial Service Commission a person who is or has been a Judge of the Supreme Court or a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of Her Majesty's dominions or a court having jurisdiction in appeals from any such court:
Provided that no person shall be appointed under this subsection who holds or is acting in any public office other than the office of member of the Public Service Commission.
(3) The office of the appointed member small become vacant—
(a) at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the Instrument by Which he was appointed;
(b) if he resigns his office by writing under his hand addressed to the Governor;
(c) if he is appointed to the office of Chief Justice, Chairman of the Public Service Commission or any public office except the office of member of the Public Service Commission;
(d) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of mind or body or any other cause) or for misbehaviour:
Provided that if the appointed member is a Judge of the Supreme Court, he shall not be so removed unless, in accordance with the provisions of section 62 of this Order, he is removed (from his office as a Judge.
(4) If the office of the appointed member is vacant or that member is for any reason unable to perform the functions of his office, the Governor, acting in his discretion, may, by Instrument under the Public Seal, appoint a person qualified for appointment as such a member to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsection (3) of his section, continue to act until the office of the appointed member is filled or until his appointment is revoked by the Governor, acting in his discretion.
(5) The appointed member shall not, within a period of three years commencing with the date on which he last held or acted in the office of appointed member, be eligible for appointment to any office power to make appointments to which is vested by this Order in the Governor acting on the...
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