Solomon Islands (Amendment) Order 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1832 |
1975 No. 1832
PACIFIC ISLANDS
The Solomon Islands (Amendment) Order 197512thNovember 1975
19thNovember 1975
On a day to be appointed under section 1 (3)RemainderOn a day to be appointed under section 1 (2)
At the Court at Buckingham Palace, the 12th day of November 1975
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 Solomon Islands (Amendment) Order 1975 and shall be construed as one with the British Solomon Islands Order 1974(b) including the Constitution set out in the Schedule thereto as amended by the British Solomon Islands (Amendment) Order 1975(c), the British Solomon Islands (Name of Territory) Order 1975(d) and the Solomon Islands Courts Order 1975(e).
(2) This Order shall be published in the Gazette and, subject to the provisions of this section, shall come into operation on such day (in this Order referred to as "the appointed day") as the Governor, in his discretion, by proclamation published in like manner shall appoint, which day shall not be earlier than the day when this Order is so published nor earlier than 10th December 1975.
(3) The provisions of sections 4, 19 and 21 of this Order shall come into operation on such day (in this Order referred to as "the second appointed day") after the appointed day as the Governor, acting in his discretion, shall by notice in the Gazette appoint:
Provided that, until such later day as is prescribed by the Governor, acting in his discretion, by notice in the Gazette, the provisions of sections 68E(1), 68F(1) and 68O(2)(c) of the amended Constitution shall
(a) 1890 c. 37.
(b) S.I. 1974/1262 (1974 II, p. 4785).
(c) S.I. 1975/807 (1975 II, p. 2888).
(d) S.I. 1975/808 (1975 II, p. 2890).
(e) S.I. 1975/1511 (1975 III, p. 5041).
have effect as from the second appointed day as if there were substituted for the words "acting on the recommendation of the Police Service Commission" the words "acting after consultation with the Police Service Commission".
(4) As from the second appointed day—
(a) section 22(1) of the amended Constitution shall have effect as if paragraph (e) were deleted;
(b) section 27(c) of the amended Constitution shall have effect as if the words "the Deputy Governor and" were deleted;
(c) section 41(2)(a) of the amended Constitution shall have effect as if the words "the Deputy Governor and" were deleted;
(d) section 49 of the amended Constitution shall have effect as if subparagraph (ii) of paragraph (a) were deleted;
(e) the proviso to section 62(1) of the amended Constitution shall have effect as if the words "the Deputy Governor and" were deleted;
(f) section 68V(5) of the amended Constitution shall have effect as if the words "Chairman and other member of the Public Service Commission" were inserted immediately after the words "Auditor-General".
2. In this Order—
Interpretation.
"the amended Constitution" means the Constitution as amended by this Order;
"the Constitution" means the Constitution set out in the Schedule to the British Solomon Islands Order 1974 as amended by the British Solomon Islands (Amendment) Order 1975, the British Solomon Islands (Name of Territory) Order 1975 and the Solomon Islands Courts Order 1975.
Replacement of sections 22 & 23 of Constitution.
3. The following sections are substituted for sections 22 and 23 of the Constitution—
"Governor's special responsibilities.
22.—(1) The Governor, acting in his discretion, shall be responsible for the conduct (subject to the provisions of this Constitution and of any other law for the time being in force in the Solomon Islands) of any business of the Government, including the administration of any department of government, with respect to the following matters—
(a) defence;
(b) external affairs;
(c) internal security;
(d) the police; and
(e) the appointment (including the appointment on promotion or transfer, appointment on contract and appointment to act in an office) of any person to any public office, the suspension, termination of employment, dismissal, or retirement of any public officer or taking of disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service (including salary scales, allowances, leave, passages or pensions) for which financial provision has been made, or the organisation of the public service to the extent that it does not involve new financial provision.
(2) The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of the Secretary of State, to the Chief Minister or any other Minister designated by him after consultation with the Chief Minister such responsibility with respect to any matter referred to in subsection (1) of this section as the Governor may think fit upon such conditions as he may think fit.
Exercise of Governor's functions.
23.—(1) In the exercise of his functions the Governor shall, subject to the provisions of this section, obtain and act in accordance with the advice of the Council of Ministers or of a Minister acting under the general authority of the Council of Ministers.
(2) Subsection (1) of this section shall not apply to the exercise by the Governor of—
(a) any function relating to any business of the Government for which he is responsible under section 22(1) of this Constitution;
(b) any function conferred upon him by this Constitution which is expressed to be exercisable by him in his discretion, or in accordance with the recommendation or advice of, or after consultation with, any person or authority other than the Council of Ministers; or
(c) any function conferred upon him by any other law which is expressed to be exercisable by him in his discretion or which he is otherwise authorised by such law to exercise without obtaining the advice of the Council of Ministers.
(3) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the recommendation of any person or authority, then—
(a) before he acts in accordance therewith, he may, acting 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 by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Council of Ministers he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(5) Where the Governor has obtained the advice of the Council of Ministers or a Minister on any matter in pursuance of subsection (1) of this section, he may act otherwise than in accordance with that advice if in his judgment it is necessary or expedient so to act in the interests of any of the matters referred to in section 22(1) of this Constitution.
(6) Where the Governor acts against the advice of the Council of Ministers in pursuance of subsection (5) of this section he shall at the first convenient opportunity report the matter to a Secretary of State with the reasons for his action.
(7) Where any function is vested by any law other than this Constitution in any person or authority other than the Governor (not being a court of law), the Governor may exercise that function in such circumstances and to such extent as he may consider necessary or expedient for the purposes of any of the matters referred to in section 22(1) of this Constitution.
(8) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the recommendation or advice of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into in any court.".
Replacement of section 24 of Constitution.
4. The following section is substituted for section 24 of the Constitution—
"Governor's powers as respects offices.
24. Subject to the provisions of this Constitution and of any other law, the Governor, in Her Majesty's name and on Her Majesty's behalf, may—
(a) constitute offices for the Solomon Islands, and abolish such offices; and
(b) make appointments to any such office so constituted and terminate any such appointment,
and any person appointed to an office constituted under this section shall hold office during Her Majesty's pleasure.".
Amendment of section 25 of Constitution.
5. Section 25 of the Constitution is amended—
(a) in subsection (1) by deleting the words and commas ", acting in his discretion,";
(b) by inserting immediately after subsection (2) the following new subsection—
"(3) In exercise of the powers conferred upon him by subsection (1) of this section, the Governor shall act after consultation with the Committee established under section 25A of this Constitution.".
Insertion of new section in Constitution.
6. The following new section is inserted immediately after section 25 of the Constitution—
"Advisory Committee on the Prerogative of Mercy.
25A.—(1) There shall be for the Solomon Islands an Advisory Committee on the Prerogative of Mercy (in this section referred to as "the Committee") which shall consist of the following members:—
(a) three members of the Council of Ministers appointed by name by the Governor after consultation with the Chief Minister; and
(b) the Attorney-General.
(2) The members appointed by the Governor under subsection (1)(a) of this...
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