Sierra Leone (Constitution) (Amendment) Order in Council, 1960
| Jurisdiction | UK Non-devolved |
| Citation | SI 1960/1056 |
| Year | 1960 |
1960 No. 1056
The Sierra Leone (Constitution) (Amendment) Order in Council, 196023rdJune 1960
29thJune 1960
9thJuly 1960
At the Court at Buckingham Palace, the 23rd day of June, 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) 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), 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, and this Order may be cited together as the Sierra Leone (Constitution) Orders in Council, 1958 to 1960.
(3) This Order shall be published in the Gazette and shall come into operation on a day to be appointed by the Governor 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 the principal Order 2. Section 1 of the principal Order is amended as follows:—
(a) in subsection (1)—
(i) by the insertion immediately after the definition of "the appointed day" of the following definition—
'"the Cabinet" means the Cabinet of Ministers constituted under section 3 of this Order;';
(ii) by the deletion of the definition of "the Executive Council";
(b) by the deletion of subsection (2) and the substitution therefor of the following subsection:—
"(2) In this Order, unless it is otherwise expressly provided or required by the context, any reference to an officer by the
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1958/1259 (1958 II, p. 2851).
(c) S.1.1958/1524 (1958 II, p. 2873).
term designating his office shall be construed as a reference to the officer for the time being lawfully discharging the functions of that office.";
(c) in subsection (3), by the deletion of the words "References in this Order" and the substitution therefor of the words "In this Order, unless it is otherwise expressly provided or required by the context, references".
3. The heading "Executive Council" of Part II of the principal Order is deleted and the following heading substituted therefor—
"The Executive"
4. Section 3 of the principal Order is amended by the deletion of subsection (1) and the substitution therefor of the following subsection—
"(1) There shall be a Cabinet of Ministers in and for Sierra Leone which shall consist of a Prime Minister and not less than seven other Ministers."
5. Subject to section 3 of this Order, the principal Order is amended by the deletion of the expression "Executive Council" and of the expression "Council" wherever either occurs therein and the substitution therefor of the word "Cabinet" and by the deletion of the word "Premier" wherever it occurs therein and the substitution therefor of the words "Prime Minister".
6. Section 5 of the principal Order is revoked and the following section substituted therefor—
"Exercise of Governor's functions.
5.—(1) The Governor shall, subject to any Instructions under Her Majesty's Sign Manual and Signet, consult with the Cabinet in the exercise of all his functions other than—
(a) any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet;
(b) any function which is expressed (in whatever terms) to be exercisable by him in his discretion; and
(c) any power that he is required to exercise in pursuance of instructions from Her Majesty.
(2) The Governor shall act in accordance with the advice of the Cabinet in the exercise of any function in the exercise of which he is obliged by this section to consult with the Cabinet.
(3) Where the Governor is directed by this Order to exercise any function on the recommendation of any person or authority, he shall, subject to any Instructions under Her Majesty's Sign Manual and Signet, exercise that function in accordance with such recommendation:
Provided that—
(a) before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and
(b) if that person or authority; having reconsidered the original recommendation under the preceding paragraph, substitutes therefor a different recommendation, the provisions of this, subsection shall apply to that different recommendation as they apply to the original recommendation.
(4) Where the Governor is directed by this Order to exercise any function after consultation with any person or authority other than the Cabinet, he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(5) Where the Governor is directed by this Order to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he...
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