The Pitcairn Constitution Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/244

2010 No. 244

Pitcairn Islands

The Pitcairn Constitution Order 2010

Made 10th February 2010

Laid before Parliament 17th February 2010

Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 10th day of February 2010

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the British Settlements Acts 18871and 19452, section 1 of the Judicial Committee Act 18443and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Pitcairn Constitution Order 2010.

(2) This Order shall come into force on the appointed day.

S-2 Interpretation

Interpretation

2. In this Order—

“the appointed day” means such day as may be prescribed by the Governor by proclamation published in such manner as the Governor thinks fit;

“the Constitution” means the Constitution set out in Schedule 2;

“the Governor” means the Governor of Pitcairn and includes any person for the time being lawfully performing the functions of the office of Governor of Pitcairn;

“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands.

S-3 Revocations

Revocations

3. The instruments listed in Schedule 1 are revoked with effect from the appointed day.

S-4 Establishment of Constitution

Establishment of Constitution

4. The Constitution shall have effect in Pitcairn from the appointed day.

S-5 Existing laws

Existing laws

5.—(1) The existing laws shall have effect on and after the appointed day as if they had been made in pursuance of the Constitution and, so far as possible, shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution

(2) In subsection (1), “existing laws” means laws and instruments (other than Acts of Parliament of the United Kingdom and instruments made under them) having effect as part of the law of Pitcairn immediately before the appointed day.

S-6 Existing offices and officers

Existing offices and officers

6.—(1) Except for the office of Legal Adviser, any office established by or under the Pitcairn Order 19704and existing immediately before the appointed day shall on and after that day, so far as consistent with the Constitution, continue as if it had been established by or under the Constitution.

(2) Any person who immediately before the appointed day holds or is acting in an office referred to in subsection (1) shall, on and after that day, continue to hold or act in that office or the corresponding office established by the Constitution as if he or she had been appointed to hold or act in it in accordance with or under the Constitution; but any person who under the law in force immediately before the appointed day would have been required to vacate his or her office at the expiration of any period shall vacate that office at the expiration of that period.

(3) Any person to whom subsection (2) applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his or her office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.

(4) The person who holds the office of Legal Adviser immediately before the appointed day shall, on and after that day, hold the office of Attorney General in accordance with the Constitution.

S-7 Island Council

Island Council

7. Any person who immediately before the appointed day is a member of the Island Council for Pitcairn in accordance with a law in force in Pitcairn shall on that day become a member of the Island Council established by the Constitution, shall be deemed to have taken any oath or affirmation required by law, and shall hold his or her seat in accordance with any such law.

S-8 Pending legal proceedings

Pending legal proceedings

8.—(1) Any proceedings pending immediately before the appointed day in any court having jurisdiction in or in relation to Pitcairn may be continued on and after that day in the same court or in the equivalent court established by the Constitution.

(2) Any judgment or order of any court having jurisdiction in or in relation to Pitcairn given or made before the appointed day, in so far as it has not been fully executed or enforced, may be executed or enforced on and after that day as a judgment or order of the same court or as if it were a judgment or order of the equivalent court established by the Constitution.

S-9 Appeals to Her Majesty in Council

Appeals to Her Majesty in Council

9. Article 2 of the Pitcairn (Appeals to Privy Council) Order 20005is amended by substituting for the definition of “Court” the following—

““Court” means the Pitcairn Court of Appeal established by the Constitution set out in Schedule 2 to the Pitcairn Constitution Order 2010;”.

S-10 Power reserved to Her Majesty

Power reserved to Her Majesty

10. There is reserved to Her Majesty full power to make laws from time to time for the peace, order and good government of Pitcairn including, without prejudice to the generality of the foregoing, laws amending or revoking this Order or Schedule 2.

Judith Simpson

Clerk of the Privy Council

SCHEDULE 1

REVOCATIONS

The Pitcairn Order 1970 ( S.I. 1970/1434)

The Pitcairn (Amendment) Order 2000 ( S.I. 2000/1340)

The Pitcairn (Amendment) Order 2002 ( S.I. 2002/2638)

The Pitcairn Court of Appeal Order 2000 ( S.I. 2000/1341)

The Pitcairn Court of Appeal (Amendment) Order 2004 ( S.I. 2004/2669)

The Instructions issued under the Royal Sign Manual and Signet to the Governor of Pitcairn on 30th September 1970

SCHEDULE 2

THE CONSTITUTION OF PITCAIRN

1 PARTNERSHIP VALUES

PART 1

PARTNERSHIP VALUES

SCH-2.1

1. The partnership values

(1) The partnership between the United Kingdom and Pitcairn shall be based on the following values—

(a)

(a) good faith;

(b)

(b) the rule of law;

(c)

(c) good government;

(d)

(d) sound financial management;

(e)

(e) the impartial administration of justice;

(f)

(f) the impartiality of the Pitcairn Public Service;

(g)

(g) the maintenance of public order;

(h)

(h) compliance with applicable international obligations of the United Kingdom and of Pitcairn; and

(i)

(i) the maintenance of international peace and security and the right of individual or collective self-defence.

(2) In exercising their responsibilities and powers, all organs of government of Pitcairn have a duty to give effect to the partnership values.

(3) Nothing in this section creates any legally enforceable rights or obligations.

2 FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

PART 2

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

SCH-2.2

2. Right to life

(1) Everyone’s right to life shall be protected by law.

(2) Deprivation of life shall not be regarded as inflicted in contravention of this section when it results from the use of force which is no more than absolutely necessary—

(a)

(a) in defence of any person from unlawful violence;

(b)

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c)

(c) in action lawfully taken for the purpose of quelling a riot or insurrection.

SCH-2.3

3. Physical and mental integrity

(1) Everyone has the right to respect for his or her physical and mental integrity.

(2) In the fields of medicine and biology, the free and informed consent of the person concerned must be respected, according to the procedures prescribed by law.

SCH-2.4

4. Human dignity

Everyone has inherent dignity and the right to have his or her dignity respected and protected.

SCH-2.5

5. Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

SCH-2.6

6. Prohibition of slavery and forced labour

(1) No one shall be held in slavery or servitude.

(2) No one shall be required to perform forced or compulsory labour.

(3) For the purpose of this section the term “forced or compulsory labour” shall not include—

(a)

(a) any work required to be done in the ordinary course of detention imposed according to section 7 or during conditional release from such detention;

(b)

(b) any service of a military character or, in case of conscientious objectors, service exacted instead of compulsory military service;

(c)

(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;

(d)

(d) any work or service which forms part of normal civic obligations.

SCH-2.7

7. Right to liberty and security

(1) Everyone has the right to liberty and security of person. No one shall be deprived of his or her liberty save in the following cases and in accordance with a procedure prescribed by law—

(a)

(a) the lawful detention of a person after conviction by a competent court;

(b)

(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c)

(c) the lawful arrest or detention of a person effected for the purpose of bringing him or her before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his or her committing an offence or fleeing after having done so;

(d)

(d) the detention of a minor by lawful order for the purpose of educational supervision or his or her lawful detention for the purpose of bringing him or her before the competent legal authority;

(e)

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f)

(f) the lawful arrest or detention of a person to prevent his or her effecting an unauthorised entry into Pitcairn or of a person against whom action is being taken with a view to deportation or extradition.

(2) Everyone who is arrested shall be informed...

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