Sierra Leone (Constitution) Order in Council, 1958
| Jurisdiction | UK Non-devolved |
| Citation | SI 1958/1259 |
| Year | 1958 |
1958 No. 1259
The Sierra Leone (Constitution) Order in Council, 195830thJuly 1958
7thAugust 1958
14thAugust 1958
At the Court at Buckingham Palace, the 30th day of July, 1958
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
(a) 53 & 54 Vict. c. 37.
vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
Preliminary
Interpretation
1.—(1) In this Order, unless the context otherwise requires:—
"the appointed day" means the day appointed under section 2 of this Order;
"the Colony" means the Colony of Sierra Leone as defined in the Sierra Leone Colony Letters Patent, 1951 to 1958;
"the Executive Council" means the Executive Council of Sierra Leone;
"the existing Orders" means the Sierra Leone (House of Representatives) Orders in Council, 1956 and 1957(a);
"the Gazette" means the Sierra Leone Royal Gazette;
"the Governor" means the Governor, Commander-in-Chief and Vice-Admiral of Sierra Leone and includes the officer for the time being administering the government and, to the extent to which the Deputy Governor is authorized to discharge the functions of the office of Governor by virtue of a direction given under Article 10 of the Sierra Leone Colony Letters Patent, 1951, as set out in Article 5 of the Sierra Leone Colony Letters Patent, 1958, the Deputy Governor;
"law" includes any instrument having the force of law;
"meeting" means any sitting or sittings of the House of Representatives commencing when the House first meets after being summoned at any time and terminating when the House is adjourned sine die or at the conclusion of a session;
"Native Court" means a native court constituted in accordance with the provisions of any law in that behalf for the time being in force in Sierra Leone;
"prescribed" means prescribed by law or by regulations made under this Order or made or deemed to have been made under the existing Orders;
"the Protectorate" means the Protectorate of Sierra Leone as defined in the Sierra Leone Protectorate Order in Council, 1951(b);
"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 such office;
"the Public Seal" means the Public Seal of the Colony;
"the public service" means the service of the Crown in respect of the government of Sierra Leone;
"session" means the meetings of the House of Representatives commencing when the House first meets after the commencement of this Order or after its prorogation or dissolution at any time and terminating when the House is prorogued or is dissolved without having been prorogued;
(a) S.I. 1956/1893, 1957/1532 (1956 II, p. 2961; 1957 II, p. 3058).
(b) S.I. 1951/610 (1951 II, p. 658).
"Sierra Leone" means the Colony and Protectorate;
"sitting" means a period during which the House of Representatives is sitting continuously without adjournment, and includes any period during which the House is in committee;
"the Supreme Court" means the Supreme Court of Sierra Leone;
"Tribal Authority" means a Tribal Authority constituted in accordance with the provisions of any law in that behalf for the time being in force in Sierra Leone.
(2) Where, in this Order, reference is made to any public officer by the term designating his office, such reference shall be construed as a reference to the officer for the time being lawfully discharging the functions of that office.
(3) References in this Order to Her Majesty's dominions shall have effect as if they included references to all British Protectorates and British Protected States and to all territories administered by the Government of any part of Her Majesty's dominions under the trusteeship system of the United Nations.
(4) Any reference to defence shall, without prejudice to its generality, be construed as including the organisation, discipline, control and use of the armed forces of the Crown and the control and use of any establishments, installations and equipment pertaining thereto.
(5) (a) For the purposes of this Order, a person shall not be considered to hold a public office if he is on leave of absence pending relinquishment of that office or by reason only that he is in receipt of a pension or other like allowance in respect of service in any such office; and if it shall be declared by any provision of any law for the time being in force in Sierra Leone that an office shall not be a public office for all or any of the purposes of this Order, this Order shall have effect accordingly.
(b) For the purposes of this Order, a person shall not be considered to be a public officer by reason of the fact that he is in receipt of a salary or other emoluments or allowances in respect of his tenure of the office of Speaker, Deputy Speaker, Minister, Ministerial Secretary, member of the House of Representatives, Chief, Tribal Authority, member of a Tribal Authority or member of a Native Court.
(6) For the purposes of this Order, the resignation of a member of any body or holder of any office established by this Order that is required to be addressed to any person shall be deemed to have effect from the time at which it is received by that person:
Provided that in the case of a resignation that is required to be addressed to the Speaker, the resignation shall, if the office of Speaker is vacant or the Speaker is absent from the seat of government, be deemed to have effect from the time at which it is received by the Deputy Speaker on behalf of the Speaker.
(7) This Order shall be construed—
(a) as if subsection (1) of section 1 of the India (Consequential Provision) Act, 1949(a), applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection;
(b) as if subsection (2) of section 3 of the British Nationality Act, 1948(b), (as interpreted by subsection (1) of section 3 of the Ireland
(a) 12, 13 & 14 Geo. 6. c. 92.
(b) 11 & 12 Geo. 6. c. 56.
Act, 1949(a), and subsection (2) of section 3 of the Ireland Act, 1949 applied to it, as those subsections apply to laws in force on the dates of the commencement of those Acts respectively;
(c) as if subsection (1) of section 1 of the Pakistan (Consequential Provision) Act, 1956(b), applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection; and
(d) as if subsection (1) of section 2 of the Federation of Malaya Independence Act, 1957(c), applied to it in the same way as that subsection applies to existing laws as defined by subsection (4) of that section.
(8) Save as is in this Order otherwise provided, or required by the context, the Interpretation Act, 1889(d), shall apply for the purpose of interpreting this Order as it applies for the purpose of interpreting an Act of Parliament.
Citation, commencement, revocation and reservation of power
2.—(1) This Order may be cited as the Sierra Leone (Constitution) Order in Council, 1958.
(2) 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 8th day of August, 1958.
(3) The existing Orders are revoked, but without prejudice to anything lawfully done thereunder.
(4) The continued operation of any law in force in Sierra Leone immediately before the appointed day shall not be affected by reason only of the revocation of the existing Orders.
(5) Her Majesty hereby reserves to Herself, Her Heirs and Successors, power, with the advice of Her or Their Privy Council, to revoke, add to or amend this Order, as to Her or Them shall seem fit.
(6) Nothing in this Order shall affect the power of Her Majesty in Council to make laws from time to time for the peace, order and good government of Sierra Leone.
PART II
Executive Council
Executive Council
3.—(1) There shall be an Executive Council in and for Sierra Leone which shall consist of the Governor, who shall be President of the Council, a Premier and not less than seven other Ministers.
(2) The Premier and the other Ministers shall be persons who are Elected Members of the House of Representatives and shall be appointed from time to time in accordance with the provisions of section 6 of this Order.
Functions of Executive Council
4.—(1) The Executive Council shall be the principal instrument of policy and shall perform such functions and duties, and exercise such powers, as may from time to time be prescribed by or under this Order, any other Orders of Her Majesty in Council, any Instructions
(a) 12, 13 & 14 Geo. 6. c 41.
(b) 4 & 5 Eliz. 2. c. 31.
(c) 5 & 6 Eliz. 2. c. 60.
(d) 52 & 53 Vict. c. 63.
under Her Majesty's Sign Manual and Signet, or, subject to the provisions of this Order and all such other Orders and Instructions as aforesaid, by or under any other law in force in Sierra Leone:
Provided that the Executive Council shall not exercise any powers in relation to the matters set out in section 16 of this Order.
(2) The Ministers shall be collectively responsible to the House of Representatives.
Exercise of Governor's functions
5.—(1) The Governor shall exercise all functions conferred upon him by this Order or by any other law in force in Sierra Leone in accordance with any Instructions under Her Majesty's Sign Manual and Signet, and subject thereto—
(a) the Governor shall obtain, and act in accordance with, the advice of the Executive Council in the exercise of all such functions, other than functions which he is by this Order or by any such law, as the case may be, directed or empowered to exercise in his discretion or after consultation with, or on the advice or recommendation of, any person or authority other than the Executive Council; and
(b) where the Governor is by this Order or by any other law in force...
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